U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml DECEMBER 15, 2015 RULES COMMITTEE PRINT 114-39 TEXT OF HOUSE AMENDMENT AMENDMENT TO STRUCTION AND LATED #1 TO THE SENATE H.R. 2029, MILITARY CONVETERANS AFFAIRS AGENCIES AND APPROPRIATIONS RE- ACT, 2016 [Showing the text of the Consolidated Appropriations Act, 2016.] 1 In lieu of the matter proposed to be inserted by the 2 Senate amendment, insert the following: 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the ‘‘Consolidated Appro- 5 priations Act, 2016’’. 6 SEC. 2. TABLE OF CONTENTS. 7 The table of contents of this Act is as follows: Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 1. 2. 3. 4. 5. 6. 7. 8. 9. Short title. Table of contents. References. Explanatory statement. Statement of appropriations. Availability of funds. Technical allowance for estimating differences. Corrections. 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 December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 2 Title Title Title Title IV—Domestic Food Programs V—Foreign Assistance and Related Programs VI—Related Agencies and Food and Drug Administration VII—General Provisions DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016 Title Title Title Title Title I—Department of Commerce II—Department of Justice III—Science IV—Related Agencies V—General Provisions DIVISION C—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2016 Title Title Title Title Title Title Title Title Title I—Military Personnel II—Operation and Maintenance III—Procurement IV—Research, Development, Test and Evaluation V—Revolving and Management Funds VI—Other Department of Defense Programs VII—Related Agencies VIII—General Provisions IX—Overseas Contingency Operations/Global War on Terrorism DIVISION D—ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2016 Title Title Title Title Title I—Corps of Engineers—Civil II—Department of the Interior III—Department of Energy IV—Independent Agencies 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 Title Title Title Title I—Departmental Management and Operations II—Security, Enforcement, and Investigations III—Protection, Preparedness, Response, and Recovery IV—Research, Development, Training, and Services V—General Provisions December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 3 DIVISION G—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016 Title Title Title Title I—Department of the Interior II—Environmental Protection Agency III—Related Agencies IV—General Provisions DIVISION H—DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016 Title Title Title Title Title I—Department of Labor II—Department of Health and Human Services III—Department of Education IV—Related Agencies 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 Title Title Title I—Department of Defense II—Department of Veterans Affairs III—Related Agencies IV—General Provisions DIVISION K—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2016 Title Title Title Title Title Title Title Title Title I—Department of State and Related Agency II—United States Agency for International Development III—Bilateral Economic Assistance IV—International Security Assistance V—Multilateral Assistance VI—Export and Investment Assistance VII—General Provisions VIII—Overseas Contingency Operations/Global War on Terrorism IX—Other Matters DIVISION L—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016 Title Title Title Title I—Department of Transportation II—Department of Housing and Urban Development III—Related Agencies IV—General Provisions—This Act DIVISION M—INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2016 DIVISION N—CYBERSECURITY ACT OF 2015 December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 4 DIVISION O—OTHER MATTERS DIVISION P—TAX-RELATED PROVISIONS 1 SEC. 3. REFERENCES. 2 Except as expressly provided otherwise, any reference 3 to ‘‘this Act’’ contained in any division of this Act shall 4 be treated as referring only to the provisions of that divi5 sion. 6 SEC. 4. EXPLANATORY STATEMENT. 7 The explanatory statement regarding this Act, print- 8 ed in the House of Representatives section of the Congres9 sional Record on or about December 17, 2015 by the 10 Chairman of the Committee on Appropriations of the 11 House, shall have the same effect with respect to the allo12 cation of funds and implementation of divisions A through 13 L of this Act as if it were a joint explanatory statement 14 of a committee of conference. 15 SEC. 5. STATEMENT OF APPROPRIATIONS. 16 The following sums in this Act are appropriated, out 17 of any money in the Treasury not otherwise appropriated, 18 for the fiscal year ending September 30, 2016. 19 SEC. 6. AVAILABILITY OF FUNDS. 20 Each amount designated in this Act by the Congress 21 for Overseas Contingency Operations/Global War on Ter22 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal23 anced Budget and Emergency Deficit Control Act of 1985 24 shall be available (or rescinded, if applicable) only if the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 5 1 President subsequently so designates all such amounts 2 and transmits such designations to the Congress. 3 SEC. 7. TECHNICAL ALLOWANCE FOR ESTIMATING DIF- 4 FERENCES. 5 If, for fiscal year 2016, new budget authority pro- 6 vided in appropriations Acts exceeds the discretionary 7 spending limit for any category set forth in section 251(c) 8 of the Balanced Budget and Emergency Deficit Control 9 Act of 1985 due to estimating differences with the Con10 gressional Budget Office, an adjustment to the discre11 tionary spending limit in such category for fiscal year 12 2016 shall be made by the Director of the Office of Man13 agement and Budget in the amount of the excess but the 14 total of all such adjustments shall not exceed 0.2 percent 15 of the sum of the adjusted discretionary spending limits 16 for all categories for that fiscal year. 17 SEC. 8. CORRECTIONS. 18 The Continuing Appropriations Act, 2016 (Public 19 Law 114–53) is amended— 20 (1) by changing the long title so as to read: 21 ‘‘Making continuing appropriations for the fiscal 22 year ending September 30, 2016, and for other pur- 23 poses.’’; 24 (2) by inserting after the enacting clause (be- 25 fore section 1) the following: ‘‘DIVISION A— December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 6 1 TSA OFFICE OF INSPECTION 2 COUNTABILITY ACT OF 2015’’; AC- 3 (3) by inserting after section 8 (before the 4 statement of appropriations) the following: ‘‘DIVI- 5 SION 6 TIONS RESOLUTION, 2016’’; and B—CONTINUING APPROPRIA- 7 (4) by inserting after section 150 (before the 8 short title) the following new section: ‘‘SEC. 151. 9 Except as expressly provided otherwise, any ref- 10 erence in this division to ‘this Act’ shall be treated 11 as referring only to the provisions of this division.’’. 12 SEC. 9. ADJUSTMENTS TO COMPENSATION. 13 Notwithstanding any other provision of law, no ad- 14 justment shall be made under section 601(a) of the Legis15 lative Reorganization Act of 1946 (2 U.S.C. 4501) (relat16 ing to cost of living adjustments for Members of Congress) 17 during fiscal year 2016. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 7 1 DIVISION A—AGRICULTURE, RURAL DE2 VELOPMENT, FOOD AND DRUG ADMIN- 3 ISTRATION, AND RELATED AGENCIES 4 APPROPRIATIONS ACT, 2016 5 TITLE I 6 AGRICULTURAL PROGRAMS 7 8 9 10 PRODUCTION, PROCESSING, OFFICE OF THE AND MARKETING SECRETARY (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Office of the Secretary, 11 $45,555,000, of which not to exceed $5,051,000 shall be 12 available for the immediate Office of the Secretary, of 13 which not to exceed $250,000 shall be available for the 14 Military Veterans Agricultural Liaison; not to exceed 15 $502,000 shall be available for the Office of Tribal Rela16 tions; not to exceed $1,496,000 shall be available for the 17 Office of Homeland Security and Emergency Coordina18 tion; not to exceed $1,209,000 shall be available for the 19 Office of Advocacy and Outreach; not to exceed 20 $25,928,000 shall be available for the Office of the Assist21 ant Secretary for Administration, of which $25,124,000 22 shall be available for Departmental Administration to pro23 vide for necessary expenses for management support serv24 ices to offices of the Department and for general adminis25 tration, security, repairs and alterations, and other mis- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 8 1 cellaneous supplies and expenses not otherwise provided 2 for and necessary for the practical and efficient work of 3 the Department; not to exceed $3,869,000 shall be avail4 able for the Office of Assistant Secretary for Congres5 sional Relations to carry out the programs funded by this 6 Act, including programs involving intergovernmental af7 fairs and liaison within the executive branch; and not to 8 exceed $7,500,000 shall be available for the Office of Com9 munications: Provided, That the Secretary of Agriculture 10 is authorized to transfer funds appropriated for any office 11 of the Office of the Secretary to any other office of the 12 Office of the Secretary: Provided further, That no appro13 priation for any office shall be increased or decreased by 14 more than 5 percent: Provided further, That not to exceed 15 $11,000 of the amount made available under this para16 graph for the immediate Office of the Secretary shall be 17 available for official reception and representation ex18 penses, not otherwise provided for, as determined by the 19 Secretary: Provided further, That the amount made avail20 able under this heading for Departmental Administration 21 shall be reimbursed from applicable appropriations in this 22 Act for travel expenses incident to the holding of hearings 23 as required by 5 U.S.C. 551–558: Provided further, That 24 funds made available under this heading for the Office of 25 the Assistant Secretary for Congressional Relations may December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 9 1 be transferred to agencies of the Department of Agri2 culture funded by this Act to maintain personnel at the 3 agency level: Provided further, That no funds made avail4 able under this heading for the Office of Assistant Sec5 retary for Congressional Relations may be obligated after 6 30 days from the date of enactment of this Act, unless 7 the Secretary has notified the Committees on Appropria8 tions of both Houses of Congress on the allocation of these 9 funds by USDA agency: Provided further, That within 180 10 days of the date of enactment of this Act, the Secretary 11 shall submit to Congress the report required in section 7 12 U.S.C. 6935(b)(3). 13 EXECUTIVE OPERATIONS 14 OFFICE OF THE CHIEF ECONOMIST 15 For necessary expenses of the Office of the Chief 16 Economist, $17,777,000, of which $4,000,000 shall be for 17 grants or cooperative agreements for policy research under 18 7 U.S.C. 3155, and of which $1,000,000, to remain avail19 able until September 30, 2017, shall be for the purpose 20 set forth under this heading in the explanatory statement 21 described in section 4 (in the matter preceding division 22 A of the consolidated Act). 23 24 NATIONAL APPEALS DIVISION For necessary expenses of the National Appeals Divi- 25 sion, $13,317,000. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 10 1 OFFICE OF BUDGET AND PROGRAM ANALYSIS 2 For necessary expenses of the Office of Budget and 3 Program Analysis, $9,392,000. 4 OFFICE 5 For necessary expenses of the Office of the Chief In- OF THE CHIEF INFORMATION OFFICER 6 formation Officer, $44,538,000, of which not less than 7 $28,000,000 is for cybersecurity requirements of the De8 partment. 9 OFFICE 10 OF THE CHIEF FINANCIAL OFFICER For necessary expenses of the Office of the Chief Fi- 11 nancial Officer, $6,028,000. 12 OFFICE OF THE ASSISTANT SECRETARY 13 14 FOR CIVIL RIGHTS For necessary expenses of the Office of the Assistant 15 Secretary for Civil Rights, $898,000. 16 17 OFFICE OF CIVIL RIGHTS For necessary expenses of the Office of Civil Rights, 18 $24,070,000. 19 20 21 AGRICULTURE BUILDINGS AND FACILITIES (INCLUDING TRANSFERS OF FUNDS) For payment of space rental and related costs pursu- 22 ant to Public Law 92–313, including authorities pursuant 23 to the 1984 delegation of authority from the Adminis24 trator of General Services to the Department of Agri25 culture under 40 U.S.C. 121, for programs and activities December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 11 1 of the Department which are included in this Act, and for 2 alterations and other actions needed for the Department 3 and its agencies to consolidate unneeded space into con4 figurations suitable for release to the Administrator of 5 General Services, and for the operation, maintenance, im6 provement, and repair of Agriculture buildings and facili7 ties, and for related costs, $64,189,000, to remain avail8 able until expended, for buildings operations and mainte9 nance expenses: Provided, That the Secretary may use un10 obligated prior year balances of an agency or office that 11 are no longer available for new obligation to cover short12 falls incurred in prior or current year rental payments for 13 such agency or office. 14 HAZARDOUS MATERIALS MANAGEMENT 15 (INCLUDING TRANSFERS OF FUNDS) 16 For necessary expenses of the Department of Agri- 17 culture, to comply with the Comprehensive Environmental 18 Response, Compensation, and Liability Act (42 U.S.C. 19 9601 et seq.) and the Resource Conservation and Recovery 20 Act (42 U.S.C. 6901 et seq.), $3,618,000, to remain avail21 able until expended: Provided, That appropriations and 22 funds available herein to the Department for Hazardous 23 Materials Management may be transferred to any agency 24 of the Department for its use in meeting all requirements December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 12 1 pursuant to the above Acts on Federal and non-Federal 2 lands. 3 OFFICE 4 OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector 5 General, including employment pursuant to the Inspector 6 General Act of 1978, $95,738,000, including such sums 7 as may be necessary for contracting and other arrange8 ments with public agencies and private persons pursuant 9 to section 6(a)(9) of the Inspector General Act of 1978, 10 and including not to exceed $125,000 for certain confiden11 tial operational expenses, including the payment of inform12 ants, to be expended under the direction of the Inspector 13 General pursuant to Public Law 95–452 and section 1337 14 of Public Law 97–98. 15 OFFICE 16 OF THE GENERAL COUNSEL For necessary expenses of the Office of the General 17 Counsel, $44,383,000. 18 OFFICE 19 OF ETHICS For necessary expenses of the Office of Ethics, 20 $3,654,000. 21 OFFICE 22 23 OF THE UNDER SECRETARY EDUCATION, AND FOR RESEARCH, ECONOMICS For necessary expenses of the Office of the Under 24 Secretary for Research, Education, and Economics, 25 $893,000. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 13 1 2 ECONOMIC RESEARCH SERVICE For necessary expenses of the Economic Research 3 Service, $85,373,000. 4 NATIONAL AGRICULTURAL STATISTICS SERVICE 5 For necessary expenses of the National Agricultural 6 Statistics Service, $168,443,000, of which up to 7 $42,177,000 shall be available until expended for the Cen8 sus of Agriculture: Provided, That amounts made available 9 for the Census of Agriculture may be used to conduct Cur10 rent Industrial Report surveys subject to 7 U.S.C. 11 2204g(d) and (f). 12 AGRICULTURAL RESEARCH SERVICE 13 SALARIES AND EXPENSES 14 For necessary expenses of the Agricultural Research 15 Service and for acquisition of lands by donation, exchange, 16 or purchase at a nominal cost not to exceed $100, and 17 for land exchanges where the lands exchanged shall be of 18 equal value or shall be equalized by a payment of money 19 to the grantor which shall not exceed 25 percent of the 20 total value of the land or interests transferred out of Fed21 eral ownership, $1,143,825,000: Provided, That appro22 priations hereunder shall be available for the operation 23 and maintenance of aircraft and the purchase of not to 24 exceed one for replacement only: Provided further, That 25 appropriations hereunder shall be available pursuant to 7 December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 14 1 U.S.C. 2250 for the construction, alteration, and repair 2 of buildings and improvements, but unless otherwise pro3 vided, the cost of constructing any one building shall not 4 exceed $375,000, except for headhouses or greenhouses 5 which shall each be limited to $1,200,000, and except for 6 10 buildings to be constructed or improved at a cost not 7 to exceed $750,000 each, and the cost of altering any one 8 building during the fiscal year shall not exceed 10 percent 9 of the current replacement value of the building or 10 $375,000, whichever is greater: Provided further, That the 11 limitations on alterations contained in this Act shall not 12 apply to modernization or replacement of existing facilities 13 at Beltsville, Maryland: Provided further, That appropria14 tions hereunder shall be available for granting easements 15 at the Beltsville Agricultural Research Center: Provided 16 further, That the foregoing limitations shall not apply to 17 replacement of buildings needed to carry out the Act of 18 April 24, 1948 (21 U.S.C. 113a): Provided further, That 19 appropriations hereunder shall be available for granting 20 easements at any Agricultural Research Service location 21 for the construction of a research facility by a non-Federal 22 entity for use by, and acceptable to, the Agricultural Re23 search Service and a condition of the easements shall be 24 that upon completion the facility shall be accepted by the 25 Secretary, subject to the availability of funds herein, if the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 15 1 Secretary finds that acceptance of the facility is in the 2 interest of the United States: Provided further, That funds 3 may be received from any State, other political subdivi4 sion, organization, or individual for the purpose of estab5 lishing or operating any research facility or research 6 project of the Agricultural Research Service, as authorized 7 by law: Provided further, That of the appropriations here8 under, $57,192,000 may not be obligated until 30 days 9 after the Secretary of Agriculture certifies in writing to 10 the Committees on Appropriations of both Houses of Con11 gress that the Agricultural Research Service has updated 12 its animal care policies and that all Agricultural Research 13 Service research facilities at which animal research is con14 ducted have a fully functioning Institutional Animal Care 15 and Use Committee, including all appropriate and nec16 essary record keeping: Provided further, That such certifi17 cation shall set forth in detail the factual basis for the 18 certification and the Department’s plan for ensuring these 19 changes are maintained in the future: Provided further, 20 That such certification shall be subject to prior consulta21 tion with the Committees on Appropriations of both 22 Houses of Congress. 23 24 BUILDINGS AND FACILITIES For the acquisition of land, construction, repair, im- 25 provement, extension, alteration, and purchase of fixed December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 16 1 equipment or facilities as necessary to carry out the agri2 cultural research programs of the Department of Agri3 culture, where not otherwise provided, $212,101,000 to re4 main available until expended. 5 NATIONAL INSTITUTE 6 7 OF FOOD AND AGRICULTURE RESEARCH AND EDUCATION ACTIVITIES For payments to agricultural experiment stations, for 8 cooperative forestry and other research, for facilities, and 9 for other expenses, $819,685,000, which shall be for the 10 purposes, and in the amounts, specified in the table titled 11 ‘‘National Institute of Food and Agriculture, Research 12 and Education Activities’’ in the explanatory statement 13 described in section 4 (in the matter preceding division 14 A of this consolidated Act): Provided, That funds for re15 search grants for 1994 institutions, education grants for 16 1890 institutions, capacity building for non-land-grant 17 colleges of agriculture, the agriculture and food research 18 initiative, veterinary medicine loan repayment, multicul19 tural scholars, graduate fellowship and institution chal20 lenge grants, and grants management systems shall re21 main available until expended: Provided further, That each 22 institution eligible to receive funds under the Evans-Allen 23 program receives no less than $1,000,000: Provided fur24 ther, That funds for education grants for Alaska Native 25 and Native Hawaiian-serving institutions be made avail- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 17 1 able to individual eligible institutions or consortia of eligi2 ble institutions with funds awarded equally to each of the 3 States of Alaska and Hawaii: Provided further, That funds 4 for education grants for 1890 institutions shall be made 5 available to institutions eligible to receive funds under 7 6 U.S.C. 3221 and 3222: Provided further, That not more 7 than 5 percent of the amounts made available by this or 8 any other Act to carry out the Agriculture and Food Re9 search Initiative under 7 U.S.C. 450i(b) may be retained 10 by the Secretary of Agriculture to pay administrative costs 11 incurred by the Secretary in carrying out that authority. 12 NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND 13 For the Native American Institutions Endowment 14 Fund authorized by Public Law 103–382 (7 U.S.C. 301 15 note), $11,880,000, to remain available until expended. 16 17 EXTENSION ACTIVITIES For payments to States, the District of Columbia, 18 Puerto Rico, Guam, the Virgin Islands, Micronesia, the 19 Northern Marianas, and American Samoa, $475,891,000, 20 which shall be for the purposes, and in the amounts, speci21 fied in the table titled ‘‘National Institute of Food and 22 Agriculture, Extension Activities’’ in the explanatory 23 statement described in section 4 (in the matter preceding 24 division A of this consolidated Act): Provided, That funds 25 for facility improvements at 1890 institutions shall remain December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 18 1 available until expended: Provided further, That institu2 tions eligible to receive funds under 7 U.S.C. 3221 for co3 operative extension receive no less than $1,000,000: Pro4 vided further, That funds for cooperative extension under 5 sections 3(b) and (c) of the Smith-Lever Act (7 U.S.C. 6 343(b) and (c)) and section 208(c) of Public Law 93–471 7 shall be available for retirement and employees’ compensa8 tion costs for extension agents. 9 10 INTEGRATED ACTIVITIES For the integrated research, education, and extension 11 grants programs, including necessary administrative ex12 penses, $30,900,000, which shall be for the purposes, and 13 in the amounts, specified in the table titled ‘‘National In14 stitute of Food and Agriculture, Integrated Activities’’ in 15 the explanatory statement described in section 4 (in the 16 matter preceding division A of this consolidated Act): Pro17 vided, That funds for the Food and Agriculture Defense 18 Initiative shall remain available until September 30, 2017: 19 Provided further, That notwithstanding any other provi20 sion of law, indirect costs shall not be charged against any 21 Extension Implementation Program Area grant awarded 22 under the Crop Protection/Pest Management Program (7 23 U.S.C. 7626). December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 19 1 OFFICE OF THE 2 AND 3 UNDER SECRETARY FOR MARKETING REGULATORY PROGRAMS For necessary expenses of the Office of the Under 4 Secretary for Marketing and Regulatory Programs, 5 $893,000. 6 ANIMAL AND PLANT HEALTH INSPECTION SERVICE 7 SALARIES AND EXPENSES 8 (INCLUDING TRANSFERS OF FUNDS) 9 For necessary expenses of the Animal and Plant 10 Health Inspection Service, including up to $30,000 for 11 representation allowances and for expenses pursuant to 12 the Foreign Service Act of 1980 (22 U.S.C. 4085), 13 $894,415,000, of which $470,000, to remain available 14 until expended, shall be available for the control of out15 breaks of insects, plant diseases, animal diseases and for 16 control of pest animals and birds (‘‘contingency fund’’) to 17 the extent necessary to meet emergency conditions; of 18 which $11,520,000, to remain available until expended, 19 shall be used for the cotton pests program for cost share 20 purposes or for debt retirement for active eradication 21 zones; of which $35,339,000, to remain available until ex22 pended, shall be for Animal Health Technical Services; of 23 which $697,000 shall be for activities under the authority 24 of the Horse Protection Act of 1970, as amended (15 25 U.S.C. 1831); of which $55,340,000, to remain available December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 20 1 until expended, shall be used to support avian health; of 2 which $4,251,000, to remain available until expended, 3 shall be for information technology infrastructure; of 4 which $158,000,000, to remain available until expended, 5 shall be for specialty crop pests; of which, $8,826,000, to 6 remain available until expended, shall be for field crop and 7 rangeland ecosystem pests; of which $54,000,000, to re8 main available until expended, shall be for tree and wood 9 pests; of which $3,973,000, to remain available until ex10 pended, shall be for the National Veterinary Stockpile; of 11 which up to $1,500,000, to remain available until ex12 pended, shall be for the scrapie program for indemnities; 13 of which $2,500,000, to remain available until expended, 14 shall be for the wildlife damage management program for 15 aviation safety: Provided, That of amounts available under 16 this heading for wildlife services methods development, 17 $1,000,000 shall remain available until expended: Pro18 vided further, That of amounts available under this head19 ing for the screwworm program, $4,990,000 shall remain 20 available until expended: Provided further, That no funds 21 shall be used to formulate or administer a brucellosis 22 eradication program for the current fiscal year that does 23 not require minimum matching by the States of at least 24 40 percent: Provided further, That this appropriation shall 25 be available for the operation and maintenance of aircraft December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 21 1 and the purchase of not to exceed five, of which two shall 2 be for replacement only: Provided further, That in addi3 tion, in emergencies which threaten any segment of the 4 agricultural production industry of this country, the Sec5 retary may transfer from other appropriations or funds 6 available to the agencies or corporations of the Depart7 ment such sums as may be deemed necessary, to be avail8 able only in such emergencies for the arrest and eradi9 cation of contagious or infectious disease or pests of ani10 mals, poultry, or plants, and for expenses in accordance 11 with sections 10411 and 10417 of the Animal Health Pro12 tection Act (7 U.S.C. 8310 and 8316) and sections 431 13 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 14 7772), and any unexpended balances of funds transferred 15 for such emergency purposes in the preceding fiscal year 16 shall be merged with such transferred amounts: Provided 17 further, That appropriations hereunder shall be available 18 pursuant to law (7 U.S.C. 2250) for the repair and alter19 ation of leased buildings and improvements, but unless 20 otherwise provided the cost of altering any one building 21 during the fiscal year shall not exceed 10 percent of the 22 current replacement value of the building. 23 In fiscal year 2016, the agency is authorized to collect 24 fees to cover the total costs of providing technical assist25 ance, goods, or services requested by States, other political December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 22 1 subdivisions, domestic and international organizations, 2 foreign governments, or individuals, provided that such 3 fees are structured such that any entity’s liability for such 4 fees is reasonably based on the technical assistance, goods, 5 or services provided to the entity by the agency, and such 6 fees shall be reimbursed to this account, to remain avail7 able until expended, without further appropriation, for 8 providing such assistance, goods, or services. 9 10 BUILDINGS AND FACILITIES For plans, construction, repair, preventive mainte- 11 nance, environmental support, improvement, extension, al12 teration, and purchase of fixed equipment or facilities, as 13 authorized by 7 U.S.C. 2250, and acquisition of land as 14 authorized by 7 U.S.C. 428a, $3,175,000, to remain avail15 able until expended. 16 AGRICULTURAL MARKETING SERVICE 17 MARKETING SERVICES 18 For necessary expenses of the Agricultural Marketing 19 Service, $81,223,000: Provided, That this appropriation 20 shall be available pursuant to law (7 U.S.C. 2250) for the 21 alteration and repair of buildings and improvements, but 22 the cost of altering any one building during the fiscal year 23 shall not exceed 10 percent of the current replacement 24 value of the building. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 23 1 Fees may be collected for the cost of standardization 2 activities, as established by regulation pursuant to law (31 3 U.S.C. 9701). 4 LIMITATION ON ADMINISTRATIVE EXPENSES 5 Not to exceed $60,982,000 (from fees collected) shall 6 be obligated during the current fiscal year for administra7 tive expenses: Provided, That if crop size is understated 8 and/or other uncontrollable events occur, the agency may 9 exceed this limitation by up to 10 percent with notification 10 to the Committees on Appropriations of both Houses of 11 Congress. 12 FUNDS FOR STRENGTHENING MARKETS, INCOME, AND 13 SUPPLY (SECTION 32) 14 (INCLUDING TRANSFERS OF FUNDS) 15 Funds available under section 32 of the Act of Au- 16 gust 24, 1935 (7 U.S.C. 612c), shall be used only for com17 modity program expenses as authorized therein, and other 18 related operating expenses, except for: (1) transfers to the 19 Department of Commerce as authorized by the Fish and 20 Wildlife Act of August 8, 1956; (2) transfers otherwise 21 provided in this Act; and (3) not more than $20,489,000 22 for formulation and administration of marketing agree23 ments and orders pursuant to the Agricultural Marketing 24 Agreement Act of 1937 and the Agricultural Act of 1961. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 24 1 PAYMENTS TO STATES AND POSSESSIONS 2 For payments to departments of agriculture, bureaus 3 and departments of markets, and similar agencies for 4 marketing activities under section 204(b) of the Agricul5 tural Marketing Act of 1946 (7 U.S.C. 1623(b)), 6 $1,235,000. 7 GRAIN INSPECTION, PACKERS AND STOCKYARDS 8 ADMINISTRATION 9 SALARIES AND EXPENSES 10 For necessary expenses of the Grain Inspection, 11 Packers and Stockyards Administration, $43,057,000: 12 Provided, That this appropriation shall be available pursu13 ant to law (7 U.S.C. 2250) for the alteration and repair 14 of buildings and improvements, but the cost of altering 15 any one building during the fiscal year shall not exceed 16 10 percent of the current replacement value of the build17 ing. 18 LIMITATION ON INSPECTION AND WEIGHING SERVICES 19 EXPENSES 20 Not to exceed $55,000,000 (from fees collected) shall 21 be obligated during the current fiscal year for inspection 22 and weighing services: Provided, That if grain export ac23 tivities require additional supervision and oversight, or 24 other uncontrollable factors occur, this limitation may be December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 25 1 exceeded by up to 10 percent with notification to the Com2 mittees on Appropriations of both Houses of Congress. 3 OFFICE 4 OF THE UNDER SECRETARY FOR FOOD SAFETY For necessary expenses of the Office of the Under 5 Secretary for Food Safety, $816,000. 6 7 FOOD SAFETY AND INSPECTION SERVICE For necessary expenses to carry out services author- 8 ized by the Federal Meat Inspection Act, the Poultry 9 Products Inspection Act, and the Egg Products Inspection 10 Act, including not to exceed $50,000 for representation 11 allowances and for expenses pursuant to section 8 of the 12 Act approved August 3, 1956 (7 U.S.C. 1766), 13 $1,014,871,000; and in addition, $1,000,000 may be cred14 ited to this account from fees collected for the cost of lab15 oratory accreditation as authorized by section 1327 of the 16 Food, Agriculture, Conservation and Trade Act of 1990 17 (7 U.S.C. 138f): Provided, That funds provided for the 18 Public Health Data Communication Infrastructure system 19 shall remain available until expended: Provided further, 20 That no fewer than 148 full-time equivalent positions shall 21 be employed during fiscal year 2016 for purposes dedi22 cated solely to inspections and enforcement related to the 23 Humane Methods of Slaughter Act: Provided further, That 24 the Food Safety and Inspection Service shall continue im25 plementation of section 11016 of Public Law 110–246 as December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 26 1 further clarified by the amendments made in section 2 12106 of Public Law 113–79: Provided further, That this 3 appropriation shall be available pursuant to law (7 U.S.C. 4 2250) for the alteration and repair of buildings and im5 provements, but the cost of altering any one building dur6 ing the fiscal year shall not exceed 10 percent of the cur7 rent replacement value of the building. 8 OFFICE 9 10 OF THE UNDER SECRETARY FOR FARM AND FOREIGN AGRICULTURAL SERVICES For necessary expenses of the Office of the Under 11 Secretary for Farm and Foreign Agricultural Services, 12 $898,000. 13 FARM SERVICE AGENCY 14 SALARIES AND EXPENSES 15 (INCLUDING TRANSFERS OF FUNDS) 16 For necessary expenses of the Farm Service Agency, 17 $1,200,180,000: Provided, That not more than 50 percent 18 of the $129,546,000 made available under this heading 19 for information technology related to farm program deliv20 ery, including the Modernize and Innovate the Delivery of 21 Agricultural Systems and other farm program delivery 22 systems, may be obligated until the Secretary submits to 23 the Committees on Appropriations of both Houses of Con24 gress a plan for expenditure that (1) identifies for each 25 project/investment over $25,000 (a) the functional and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 27 1 performance capabilities to be delivered and the mission 2 benefits to be realized, (b) the estimated lifecycle cost, in3 cluding estimates for development as well as maintenance 4 and operations, and (c) key milestones to be met; (2) dem5 onstrates that each project/investment is, (a) consistent 6 with the Farm Service Agency Information Technology 7 Roadmap, (b) being managed in accordance with applica8 ble lifecycle management policies and guidance, and (c) 9 subject to the applicable Department’s capital planning 10 and investment control requirements; and (3) has been re11 viewed by the Government Accountability Office and ap12 proved by the Committees on Appropriations of both 13 Houses of Congress: Provided further, That the agency 14 shall submit a report by the end of the fourth quarter of 15 fiscal year 2016 to the Committees on Appropriations and 16 the Government Accountability Office, that identifies for 17 each project/investment that is operational (a) current 18 performance against key indicators of customer satisfac19 tion, (b) current performance of service level agreements 20 or other technical metrics, (c) current performance against 21 a pre-established cost baseline, (d) a detailed breakdown 22 of current and planned spending on operational enhance23 ments or upgrades, and (e) an assessment of whether the 24 investment continues to meet business needs as intended 25 as well as alternatives to the investment: Provided further, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 28 1 That the Secretary is authorized to use the services, facili2 ties, and authorities (but not the funds) of the Commodity 3 Credit Corporation to make program payments for all pro4 grams administered by the Agency: Provided further, That 5 other funds made available to the Agency for authorized 6 activities may be advanced to and merged with this ac7 count: Provided further, That funds made available to 8 county committees shall remain available until expended: 9 Provided further, That none of the funds available to the 10 Farm Service Agency shall be used to close Farm Service 11 Agency county offices: Provided further, That none of the 12 funds available to the Farm Service Agency shall be used 13 to permanently relocate county based employees that 14 would result in an office with two or fewer employees with15 out prior notification and approval of the Committees on 16 Appropriations of both Houses of Congress. 17 STATE MEDIATION GRANTS 18 For grants pursuant to section 502(b) of the Agricul- 19 tural Credit Act of 1987, as amended (7 U.S.C. 5101– 20 5106), $3,404,000. 21 GRASSROOTS SOURCE WATER PROTECTION PROGRAM 22 For necessary expenses to carry out wellhead or 23 groundwater protection activities under section 1240O of 24 the Food Security Act of 1985 (16 U.S.C. 3839bb–2), 25 $6,500,000, to remain available until expended. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 29 1 DAIRY INDEMNITY PROGRAM 2 (INCLUDING TRANSFER OF FUNDS) 3 For necessary expenses involved in making indemnity 4 payments to dairy farmers and manufacturers of dairy 5 products under a dairy indemnity program, such sums as 6 may be necessary, to remain available until expended: Pro7 vided, That such program is carried out by the Secretary 8 in the same manner as the dairy indemnity program de9 scribed in the Agriculture, Rural Development, Food and 10 Drug Administration, and Related Agencies Appropria11 tions Act, 2001 (Public Law 106–387, 114 Stat. 1549A– 12 12). 13 AGRICULTURAL CREDIT INSURANCE FUND PROGRAM 14 ACCOUNT 15 (INCLUDING TRANSFERS OF FUNDS) 16 For gross obligations for the principal amount of di- 17 rect and guaranteed farm ownership (7 U.S.C. 1922 et 18 seq.) and operating (7 U.S.C. 1941 et seq.) loans, emer19 gency loans (7 U.S.C. 1961 et seq.), Indian tribe land ac20 quisition loans (25 U.S.C. 488), boll weevil loans (7 21 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 22 1924 et seq.), and Indian highly fractionated land loans 23 (25 U.S.C. 488) to be available from funds in the Agricul24 tural Credit Insurance Fund, as follows: $2,000,000,000 25 for guaranteed farm ownership loans and $1,500,000,000 December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 30 1 for farm ownership direct loans; $1,393,443,000 for un2 subsidized guaranteed operating loans and 3 $1,252,004,000 for direct operating loans; emergency 4 loans, $34,667,000; Indian tribe land acquisition loans, 5 $2,000,000; guaranteed conservation loans, 6 $150,000,000; Indian highly fractionated land loans, 7 $10,000,000; and for boll weevil eradication program 8 loans, $60,000,000: Provided, That the Secretary shall 9 deem the pink bollworm to be a boll weevil for the purpose 10 of boll weevil eradication program loans. 11 For the cost of direct and guaranteed loans and 12 grants, including the cost of modifying loans as defined 13 in section 502 of the Congressional Budget Act of 1974, 14 as follows: farm operating loans, $53,961,000 for direct 15 operating loans, $14,352,000 for unsubsidized guaranteed 16 operating loans, and emergency loans, $1,262,000, to re17 main available until expended. 18 In addition, for administrative expenses necessary to 19 carry out the direct and guaranteed loan programs, 20 $314,918,000, of which $306,998,000 shall be transferred 21 to and merged with the appropriation for ‘‘Farm Service 22 Agency, Salaries and Expenses’’. 23 Funds appropriated by this Act to the Agricultural 24 Credit Insurance Program Account for farm ownership, 25 operating and conservation direct loans and guaranteed December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 31 1 loans may be transferred among these programs: Pro2 vided, That the Committees on Appropriations of both 3 Houses of Congress are notified at least 15 days in ad4 vance of any transfer. 5 RISK MANAGEMENT AGENCY 6 SALARIES AND EXPENSES 7 For necessary expenses of the Risk Management 8 Agency, $74,829,000: Provided, That not to exceed 9 $1,000 shall be available for official reception and rep10 resentation expenses, as authorized by 7 U.S.C. 1506(i). 11 CORPORATIONS 12 The following corporations and agencies are hereby 13 authorized to make expenditures, within the limits of 14 funds and borrowing authority available to each such cor15 poration or agency and in accord with law, and to make 16 contracts and commitments without regard to fiscal year 17 limitations as provided by section 104 of the Government 18 Corporation Control Act as may be necessary in carrying 19 out the programs set forth in the budget for the current 20 fiscal year for such corporation or agency, except as here21 inafter provided. 22 FEDERAL CROP INSURANCE CORPORATION FUND 23 For payments as authorized by section 516 of the 24 Federal Crop Insurance Act (7 U.S.C. 1516), such sums 25 as may be necessary, to remain available until expended. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 32 1 COMMODITY CREDIT CORPORATION FUND 2 REIMBURSEMENT FOR NET REALIZED LOSSES 3 (INCLUDING TRANSFERS OF FUNDS) 4 For the current fiscal year, such sums as may be nec- 5 essary to reimburse the Commodity Credit Corporation for 6 net realized losses sustained, but not previously reim7 bursed, pursuant to section 2 of the Act of August 17, 8 1961 (15 U.S.C. 713a–11): Provided, That of the funds 9 available to the Commodity Credit Corporation under sec10 tion 11 of the Commodity Credit Corporation Charter Act 11 (15 U.S.C. 714i) for the conduct of its business with the 12 Foreign Agricultural Service, up to $5,000,000 may be 13 transferred to and used by the Foreign Agricultural Serv14 ice for information resource management activities of the 15 Foreign Agricultural Service that are not related to Com16 modity Credit Corporation business. 17 HAZARDOUS WASTE MANAGEMENT 18 (LIMITATION ON EXPENSES) 19 For the current fiscal year, the Commodity Credit 20 Corporation shall not expend more than $5,000,000 for 21 site investigation and cleanup expenses, and operations 22 and maintenance expenses to comply with the requirement 23 of section 107(g) of the Comprehensive Environmental 24 Response, Compensation, and Liability Act (42 U.S.C. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 33 1 9607(g)), and section 6001 of the Resource Conservation 2 and Recovery Act (42 U.S.C. 6961). December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 34 1 TITLE II 2 CONSERVATION PROGRAMS 3 OFFICE 4 5 OF THE UNDER SECRETARY RESOURCES AND FOR NATURAL ENVIRONMENT For necessary expenses of the Office of the Under 6 Secretary for Natural Resources and Environment, 7 $898,000. 8 NATURAL RESOURCES CONSERVATION SERVICE 9 CONSERVATION OPERATIONS 10 For necessary expenses for carrying out the provi- 11 sions of the Act of April 27, 1935 (16 U.S.C. 590a–f), 12 including preparation of conservation plans and establish13 ment of measures to conserve soil and water (including 14 farm irrigation and land drainage and such special meas15 ures for soil and water management as may be necessary 16 to prevent floods and the siltation of reservoirs and to con17 trol agricultural related pollutants); operation of conserva18 tion plant materials centers; classification and mapping of 19 soil; dissemination of information; acquisition of lands, 20 water, and interests therein for use in the plant materials 21 program by donation, exchange, or purchase at a nominal 22 cost not to exceed $100 pursuant to the Act of August 23 3, 1956 (7 U.S.C. 428a); purchase and erection or alter24 ation or improvement of permanent and temporary build25 ings; and operation and maintenance of aircraft, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 35 1 $850,856,000, to remain available until September 30, 2 2017: Provided, That appropriations hereunder shall be 3 available pursuant to 7 U.S.C. 2250 for construction and 4 improvement of buildings and public improvements at 5 plant materials centers, except that the cost of alterations 6 and improvements to other buildings and other public im7 provements shall not exceed $250,000: Provided further, 8 That when buildings or other structures are erected on 9 non-Federal land, that the right to use such land is ob10 tained as provided in 7 U.S.C. 2250a: Provided further, 11 That of the amounts made available under this heading, 12 $5,600,000, shall remain available until expended for the 13 authorities under 16 U.S.C. 1001–1005 and 1007–1009 14 for authorized ongoing watershed projects with a primary 15 purpose of providing water to rural communities: Provided 16 further, That of the amounts made available under this 17 heading, $5,000,000 shall remain available until expended 18 for the authorities under section 13 of the Flood Control 19 Act of December 22, 1944 (Public Law 78–534) for au20 thorized ongoing projects with a primary purpose of water21 shed protection by stabilizing stream channels, tributaries, 22 and banks to reduce erosion and sediment transport. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 36 1 2 WATERSHED REHABILITATION PROGRAM Under the authorities of section 14 of the Watershed 3 Protection and Flood Prevention Act, $12,000,000 is pro4 vided. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 37 1 TITLE III 2 RURAL DEVELOPMENT PROGRAMS 3 OFFICE OF THE 4 5 UNDER SECRETARY FOR RURAL DEVELOPMENT For necessary expenses of the Office of the Under 6 Secretary for Rural Development, $893,000. 7 RURAL DEVELOPMENT 8 SALARIES AND EXPENSES 9 (INCLUDING TRANSFERS OF FUNDS) 10 For necessary expenses for carrying out the adminis- 11 tration and implementation of programs in the Rural De12 velopment mission area, including activities with institu13 tions concerning the development and operation of agricul14 tural cooperatives; and for cooperative agreements; 15 $225,835,000: Provided, That no less than $19,500,000 16 shall be for the Comprehensive Loan Accounting System: 17 Provided further, That notwithstanding any other provi18 sion of law, funds appropriated under this heading may 19 be used for advertising and promotional activities that 20 support the Rural Development mission area: Provided 21 further, That any balances available from prior years for 22 the Rural Utilities Service, Rural Housing Service, and 23 the Rural Business–Cooperative Service salaries and ex24 penses accounts shall be transferred to and merged with 25 this appropriation. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 38 1 RURAL HOUSING SERVICE 2 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT 3 (INCLUDING TRANSFERS OF FUNDS) 4 For gross obligations for the principal amount of di- 5 rect and guaranteed loans as authorized by title V of the 6 Housing Act of 1949, to be available from funds in the 7 rural housing insurance fund, as follows: $900,000,000 8 shall be for direct loans and $24,000,000,000 shall be for 9 unsubsidized guaranteed loans; $26,278,000 for section 10 504 housing repair loans; $28,398,000 for section 515 11 rental housing; $150,000,000 for section 538 guaranteed 12 multi-family housing loans; $10,000,000 for credit sales 13 of single family housing acquired property; $5,000,000 for 14 section 523 self-help housing land development loans; and 15 $5,000,000 for section 524 site development loans. 16 For the cost of direct and guaranteed loans, including 17 the cost of modifying loans, as defined in section 502 of 18 the Congressional Budget Act of 1974, as follows: section 19 502 loans, $60,750,000 shall be for direct loans; section 20 504 housing repair loans, $3,424,000; and repair, rehabili21 tation, and new construction of section 515 rental housing, 22 $8,414,000: Provided, That to support the loan program 23 level for section 538 guaranteed loans made available 24 under this heading the Secretary may charge or adjust 25 any fees to cover the projected cost of such loan guaran- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 39 1 tees pursuant to the provisions of the Credit Reform Act 2 of 1990 (2 U.S.C. 661 et seq.), and the interest on such 3 loans may not be subsidized: Provided further, That appli4 cants in communities that have a current rural area waiv5 er under section 541 of the Housing Act of 1949 (42 6 U.S.C. 1490q) shall be treated as living in a rural area 7 for purposes of section 502 guaranteed loans provided 8 under this heading: Provided further, That of the amounts 9 available under this paragraph for section 502 direct 10 loans, no less than $5,000,000 shall be available for direct 11 loans for individuals whose homes will be built pursuant 12 to a program funded with a mutual and self-help housing 13 grant authorized by section 523 of the Housing Act of 14 1949 until June 1, 2016. 15 In addition, for the cost of direct loans, grants, and 16 contracts, as authorized by 42 U.S.C. 1484 and 1486, 17 $15,125,000, to remain available until expended, for direct 18 farm labor housing loans and domestic farm labor housing 19 grants and contracts: Provided, That any balances avail20 able for the Farm Labor Program Account shall be trans21 ferred to and merged with this account. 22 In addition, for administrative expenses necessary to 23 carry out the direct and guaranteed loan programs, 24 $417,854,000 shall be transferred to and merged with the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 40 1 appropriation for ‘‘Rural Development, Salaries and Ex2 penses’’. 3 4 RENTAL ASSISTANCE PROGRAM For rental assistance agreements entered into or re- 5 newed pursuant to the authority under section 521(a)(2) 6 or agreements entered into in lieu of debt forgiveness or 7 payments for eligible households as authorized by section 8 502(c)(5)(D) of the Housing Act of 1949, 9 $1,389,695,000; and in addition such sums as may be nec10 essary, as authorized by section 521(c) of the Act, to liq11 uidate debt incurred prior to fiscal year 1992 to carry out 12 the rental assistance program under section 521(a)(2) of 13 the Act: Provided, That rental assistance agreements en14 tered into or renewed during the current fiscal year shall 15 be funded for a one-year period: Provided further, That 16 any unexpended balances remaining at the end of such 17 one-year agreements may be transferred and used for pur18 poses of any debt reduction; maintenance, repair, or reha19 bilitation of any existing projects; preservation; and rental 20 assistance activities authorized under title V of the Act: 21 Provided further, That rental assistance provided under 22 agreements entered into prior to fiscal year 2016 for a 23 farm labor multi-family housing project financed under 24 section 514 or 516 of the Act may not be recaptured for 25 use in another project until such assistance has remained December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 41 1 unused for a period of 12 consecutive months, if such 2 project has a waiting list of tenants seeking such assist3 ance or the project has rental assistance eligible tenants 4 who are not receiving such assistance: Provided further, 5 That such recaptured rental assistance shall, to the extent 6 practicable, be applied to another farm labor multi-family 7 housing project financed under section 514 or 516 of the 8 Act: Provided further, That of the total amount provided, 9 up to $75,000,000 shall be available until September 30, 10 2017, for renewal of rental assistance agreements within 11 the 12-month contract period: Provided further, That the 12 Secretary shall provide to the Committees on Appropria13 tions of both Houses of Congress quarterly reports on the 14 number of renewals approved pursuant to the preceding 15 proviso, on the amount of rental assistance available, and 16 the anticipated need for rental assistance for the remain17 der of the fiscal year: Provided further, That except as pro18 vided in the second proviso under this heading and not19 withstanding any other provision of the Act, the Secretary 20 may recapture rental assistance provided under agree21 ments entered into prior to fiscal year 2016 for a project 22 that the Secretary determines no longer needs rental as23 sistance and use such recaptured funds for current needs 24 as well as unmet rental assistance needs from fiscal year 25 2015. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 42 1 MULTI-FAMILY HOUSING REVITALIZATION PROGRAM 2 ACCOUNT 3 For the rural housing voucher program as authorized 4 under section 542 of the Housing Act of 1949, but not5 withstanding subsection (b) of such section, and for addi6 tional costs to conduct a demonstration program for the 7 preservation and revitalization of multi-family rental hous8 ing properties described in this paragraph, $37,000,000, 9 to remain available until expended: Provided, That of the 10 funds made available under this heading, $15,000,000, 11 shall be available for rural housing vouchers to any low12 income household (including those not receiving rental as13 sistance) residing in a property financed with a section 14 515 loan which has been prepaid after September 30, 15 2005: Provided further, That the amount of such voucher 16 shall be the difference between comparable market rent 17 for the section 515 unit and the tenant paid rent for such 18 unit: Provided further, That funds made available for such 19 vouchers shall be subject to the availability of annual ap20 propriations: Provided further, That the Secretary shall, 21 to the maximum extent practicable, administer such 22 vouchers with current regulations and administrative guid23 ance applicable to section 8 housing vouchers administered 24 by the Secretary of the Department of Housing and Urban 25 Development: Provided further, That if the Secretary de- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 43 1 termines that the amount made available for vouchers in 2 this or any other Act is not needed for vouchers, the Sec3 retary may use such funds for the demonstration program 4 for the preservation and revitalization of multi-family 5 rental housing properties described in this paragraph: Pro6 vided further, That of the funds made available under this 7 heading, $22,000,000 shall be available for a demonstra8 tion program for the preservation and revitalization of the 9 sections 514, 515, and 516 multi-family rental housing 10 properties to restructure existing USDA multi-family 11 housing loans, as the Secretary deems appropriate, ex12 pressly for the purposes of ensuring the project has suffi13 cient resources to preserve the project for the purpose of 14 providing safe and affordable housing for low-income resi15 dents and farm laborers including reducing or eliminating 16 interest; deferring loan payments, subordinating, reducing 17 or reamortizing loan debt; and other financial assistance 18 including advances, payments and incentives (including 19 the ability of owners to obtain reasonable returns on in20 vestment) required by the Secretary: Provided further, 21 That the Secretary shall as part of the preservation and 22 revitalization agreement obtain a restrictive use agreement 23 consistent with the terms of the restructuring: Provided 24 further, That if the Secretary determines that additional 25 funds for vouchers described in this paragraph are needed, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 44 1 funds for the preservation and revitalization demonstra2 tion program may be used for such vouchers: Provided fur3 ther, That if Congress enacts legislation to permanently 4 authorize a multi-family rental housing loan restructuring 5 program similar to the demonstration program described 6 herein, the Secretary may use funds made available for 7 the demonstration program under this heading to carry 8 out such legislation with the prior approval of the Commit9 tees on Appropriations of both Houses of Congress: Pro10 vided further, That in addition to any other available 11 funds, the Secretary may expend not more than 12 $1,000,000 total, from the program funds made available 13 under this heading, for administrative expenses for activi14 ties funded under this heading. 15 16 MUTUAL AND SELF-HELP HOUSING GRANTS For grants and contracts pursuant to section 17 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 18 1490c), $27,500,000, to remain available until expended. 19 20 RURAL HOUSING ASSISTANCE GRANTS For grants for very low-income housing repair and 21 rural housing preservation made by the Rural Housing 22 Service, as authorized by 42 U.S.C. 1474, and 1490m, 23 $32,239,000, to remain available until expended. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 45 1 RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT 2 (INCLUDING TRANSFERS OF FUNDS) 3 For gross obligations for the principal amount of di- 4 rect and guaranteed loans as authorized by section 306 5 and described in section 381E(d)(1) of the Consolidated 6 Farm and Rural Development Act, $2,200,000,000 for di7 rect loans and $148,305,000 for guaranteed loans. 8 For the cost of guaranteed loans, including the cost 9 of modifying loans, as defined in section 502 of the Con10 gressional Budget Act of 1974, $3,500,000, to remain 11 available until expended. 12 For the cost of grants for rural community facilities 13 programs as authorized by section 306 and described in 14 section 381E(d)(1) of the Consolidated Farm and Rural 15 Development Act, $38,778,000, to remain available until 16 expended: Provided, That $4,000,000 of the amount ap17 propriated under this heading shall be available for a 18 Rural Community Development Initiative: Provided fur19 ther, That such funds shall be used solely to develop the 20 capacity and ability of private, nonprofit community-based 21 housing and community development organizations, low22 income rural communities, and Federally Recognized Na23 tive American Tribes to undertake projects to improve 24 housing, community facilities, community and economic 25 development projects in rural areas: Provided further, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 46 1 That such funds shall be made available to qualified pri2 vate, nonprofit and public intermediary organizations pro3 posing to carry out a program of financial and technical 4 assistance: Provided further, That such intermediary orga5 nizations shall provide matching funds from other sources, 6 including Federal funds for related activities, in an 7 amount not less than funds provided: Provided further, 8 That $5,778,000 of the amount appropriated under this 9 heading shall be to provide grants for facilities in rural 10 communities with extreme unemployment and severe eco11 nomic depression (Public Law 106–387), with up to 5 per12 cent for administration and capacity building in the State 13 rural development offices: Provided further, That 14 $4,000,000 of the amount appropriated under this head15 ing shall be available for community facilities grants to 16 tribal colleges, as authorized by section 306(a)(19) of such 17 Act: Provided further, That sections 381E–H and 381N 18 of the Consolidated Farm and Rural Development Act are 19 not applicable to the funds made available under this 20 heading: Provided further, That for the purposes of deter21 mining eligibility or level of program assistance the Sec22 retary shall not include incarcerated prison populations. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 47 1 RURAL BUSINESS—COOPERATIVE SERVICE 2 RURAL BUSINESS PROGRAM ACCOUNT 3 (INCLUDING TRANSFERS OF FUNDS) 4 For the cost of loan guarantees and grants, for the 5 rural business development programs authorized by sec6 tion 310B and described in subsections (a), (c), (f) and 7 (g) of section 310B of the Consolidated Farm and Rural 8 Development Act, $62,687,000, to remain available until 9 expended: Provided, That of the amount appropriated 10 under this heading, not to exceed $500,000 shall be made 11 available for one grant to a qualified national organization 12 to provide technical assistance for rural transportation in 13 order to promote economic development and $3,000,000 14 shall be for grants to the Delta Regional Authority (7 15 U.S.C. 2009aa et seq.) for any Rural Community Ad16 vancement Program purpose as described in section 17 381E(d) of the Consolidated Farm and Rural Develop18 ment Act, of which not more than 5 percent may be used 19 for administrative expenses: Provided further, That 20 $4,000,000 of the amount appropriated under this head21 ing shall be for business grants to benefit Federally Recog22 nized Native American Tribes, including $250,000 for a 23 grant to a qualified national organization to provide tech24 nical assistance for rural transportation in order to pro25 mote economic development: Provided further, That for December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 48 1 purposes of determining eligibility or level of program as2 sistance the Secretary shall not include incarcerated pris3 on populations: Provided further, That sections 381E–H 4 and 381N of the Consolidated Farm and Rural Develop5 ment Act are not applicable to funds made available under 6 this heading. 7 INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT 8 (INCLUDING TRANSFER OF FUNDS) 9 For the principal amount of direct loans, as author- 10 ized by the Intermediary Relending Program Fund Ac11 count (7 U.S.C. 1936b), $18,889,000. 12 For the cost of direct loans, $5,217,000, as author- 13 ized by the Intermediary Relending Program Fund Ac14 count (7 U.S.C. 1936b), of which $531,000 shall be avail15 able through June 30, 2016, for Federally Recognized Na16 tive American Tribes; and of which $1,021,000 shall be 17 available through June 30, 2016, for Mississippi Delta Re18 gion counties (as determined in accordance with Public 19 Law 100–460): Provided, That such costs, including the 20 cost of modifying such loans, shall be as defined in section 21 502 of the Congressional Budget Act of 1974. 22 In addition, for administrative expenses to carry out 23 the direct loan programs, $4,468,000 shall be transferred 24 to and merged with the appropriation for ‘‘Rural Develop25 ment, Salaries and Expenses’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 49 1 RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM 2 ACCOUNT 3 (INCLUDING RESCISSION OF FUNDS) 4 For the principal amount of direct loans, as author- 5 ized under section 313 of the Rural Electrification Act, 6 for the purpose of promoting rural economic development 7 and job creation projects, $33,077,000. 8 Of the funds derived from interest on the cushion of 9 credit payments, as authorized by section 313 of the Rural 10 Electrification Act of 1936, $179,000,000 shall not be ob11 ligated and $179,000,000 are rescinded. 12 13 RURAL COOPERATIVE DEVELOPMENT GRANTS For rural cooperative development grants authorized 14 under section 310B(e) of the Consolidated Farm and 15 Rural Development Act (7 U.S.C. 1932), $22,050,000, of 16 which $2,500,000 shall be for cooperative agreements for 17 the appropriate technology transfer for rural areas pro18 gram: Provided, That not to exceed $3,000,000 shall be 19 for grants for cooperative development centers, individual 20 cooperatives, or groups of cooperatives that serve socially 21 disadvantaged groups and a majority of the boards of di22 rectors or governing boards of which are comprised of in23 dividuals who are members of socially disadvantaged 24 groups; and of which $10,750,000, to remain available 25 until expended, shall be for value-added agricultural prod- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 50 1 uct market development grants, as authorized by section 2 231 of the Agricultural Risk Protection Act of 2000 (7 3 U.S.C. 1632a). 4 RURAL ENERGY FOR AMERICA PROGRAM 5 For the cost of a program of loan guarantees, under 6 the same terms and conditions as authorized by section 7 9007 of the Farm Security and Rural Investment Act of 8 2002 (7 U.S.C. 8107), $500,000: Provided, That the cost 9 of loan guarantees, including the cost of modifying such 10 loans, shall be as defined in section 502 of the Congres11 sional Budget Act of 1974. 12 RURAL UTILITIES SERVICE 13 RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT 14 (INCLUDING TRANSFERS OF FUNDS) 15 For the cost of direct loans, loan guarantees, and 16 grants for the rural water, waste water, waste disposal, 17 and solid waste management programs authorized by sec18 tions 306, 306A, 306C, 306D, 306E, and 310B and de19 scribed in sections 306C(a)(2), 306D, 306E, and 20 381E(d)(2) of the Consolidated Farm and Rural Develop21 ment Act, $522,365,000, to remain available until ex22 pended, of which not to exceed $1,000,000 shall be avail23 able for the rural utilities program described in section 24 306(a)(2)(B) of such Act, and of which not to exceed 25 $993,000 shall be available for the rural utilities program December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 51 1 described in section 306E of such Act: Provided, That not 2 to exceed $10,000,000 of the amount appropriated under 3 this heading shall be for grants authorized by section 4 306A(i)(2) of the Consolidated Farm and Rural Develop5 ment Act in addition to funding authorized by section 6 306A(i)(1) of such Act: Provided further, That 7 $64,000,000 of the amount appropriated under this head8 ing shall be for loans and grants including water and 9 waste disposal systems grants authorized by section 10 306C(a)(2)(B) and section 306D of the Consolidated 11 Farm and Rural Development Act, and Federally Recog12 nized Native American Tribes authorized by 306C(a)(1): 13 Provided further, That funding provided for section 306D 14 of the Consolidated Farm and Rural Development Act 15 may be provided to a consortium formed pursuant to sec16 tion 325 of Public Law 105–83: Provided further, That 17 not more than 2 percent of the funding provided for sec18 tion 306D of the Consolidated Farm and Rural Develop19 ment Act may be used by the State of Alaska for training 20 and technical assistance programs and not more than 2 21 percent of the funding provided for section 306D of the 22 Consolidated Farm and Rural Development Act may be 23 used by a consortium formed pursuant to section 325 of 24 Public Law 105–83 for training and technical assistance 25 programs: December 16, 2015 (1:04 a.m.) Provided further, That not to exceed U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 52 1 $20,000,000 of the amount appropriated under this head2 ing shall be for technical assistance grants for rural water 3 and waste systems pursuant to section 306(a)(14) of such 4 Act, unless the Secretary makes a determination of ex5 treme need, of which $6,500,000 shall be made available 6 for a grant to a qualified nonprofit multi-State regional 7 technical assistance organization, with experience in work8 ing with small communities on water and waste water 9 problems, the principal purpose of such grant shall be to 10 assist rural communities with populations of 3,300 or less, 11 in improving the planning, financing, development, oper12 ation, and management of water and waste water systems, 13 and of which not less than $800,000 shall be for a quali14 fied national Native American organization to provide 15 technical assistance for rural water systems for tribal com16 munities: Provided further, That not to exceed 17 $16,397,000 of the amount appropriated under this head18 ing shall be for contracting with qualified national organi19 zations for a circuit rider program to provide technical as20 sistance for rural water systems: Provided further, That 21 not to exceed $4,000,000 shall be for solid waste manage22 ment grants: Provided further, That $10,000,000 of the 23 amount appropriated under this heading shall be trans24 ferred to, and merged with, the Rural Utilities Service, 25 High Energy Cost Grants Account to provide grants au- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 53 1 thorized under section 19 of the Rural Electrification Act 2 of 1936 (7 U.S.C. 918a): Provided further, That any prior 3 year balances for high-energy cost grants authorized by 4 section 19 of the Rural Electrification Act of 1936 (7 5 U.S.C. 918a) shall be transferred to and merged with the 6 Rural Utilities Service, High Energy Cost Grants Ac7 count: Provided further, That sections 381E–H and 381N 8 of the Consolidated Farm and Rural Development Act are 9 not applicable to the funds made available under this 10 heading. 11 RURAL ELECTRIFICATION AND TELECOMMUNICATIONS 12 LOANS PROGRAM ACCOUNT 13 (INCLUDING TRANSFER OF FUNDS) 14 The principal amount of direct and guaranteed loans 15 as authorized by sections 305 and 306 of the Rural Elec16 trification Act of 1936 (7 U.S.C. 935 and 936) shall be 17 made as follows: loans made pursuant to section 306 of 18 that Act, rural electric, $5,500,000,000; guaranteed un19 derwriting loans pursuant to section 313A, $750,000,000; 20 5 percent rural telecommunications loans, cost of money 21 rural telecommunications loans, and for loans made pursu22 ant to section 306 of that Act, rural telecommunications 23 loans, $690,000,000: Provided, That up to 24 $2,000,000,000 shall be used for the construction, acquisi25 tion, or improvement of fossil-fueled electric generating December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 54 1 plants (whether new or existing) that utilize carbon se2 questration systems. 3 For the cost of direct loans as authorized by section 4 305 of the Rural Electrification Act of 1936 (7 U.S.C. 5 935), including the cost of modifying loans, as defined in 6 section 502 of the Congressional Budget Act of 1974, cost 7 of money rural telecommunications loans, $104,000. 8 In addition, for administrative expenses necessary to 9 carry out the direct and guaranteed loan programs, 10 $34,707,000, which shall be transferred to and merged 11 with the appropriation for ‘‘Rural Development, Salaries 12 and Expenses’’. 13 DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND 14 PROGRAM 15 For the principal amount of broadband telecommuni- 16 cation loans, $20,576,000. 17 For grants for telemedicine and distance learning 18 services in rural areas, as authorized by 7 U.S.C. 950aaa 19 et seq., $22,000,000, to remain available until expended: 20 Provided, That $3,000,000 shall be made available for 21 grants authorized by 379G of the Consolidated Farm and 22 Rural Development Act: Provided further, That funding 23 provided under this heading for grants under 379G of the 24 Consolidated Farm and Rural Development Act may only December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 55 1 be provided to entities that meet all of the eligibility cri2 teria for a consortium as established by this section. 3 For the cost of broadband loans, as authorized by 4 section 601 of the Rural Electrification Act, $4,500,000, 5 to remain available until expended: Provided, That the 6 cost of direct loans shall be as defined in section 502 of 7 the Congressional Budget Act of 1974. 8 In addition, $10,372,000, to remain available until 9 expended, for a grant program to finance broadband 10 transmission in rural areas eligible for Distance Learning 11 and Telemedicine Program benefits authorized by 7 12 U.S.C. 950aaa. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 56 1 TITLE IV 2 DOMESTIC FOOD PROGRAMS 3 4 5 OFFICE OF THE NUTRITION, UNDER SECRETARY AND FOR FOOD, CONSUMER SERVICES For necessary expenses of the Office of the Under 6 Secretary for Food, Nutrition, and Consumer Services, 7 $811,000. 8 9 10 11 FOOD AND NUTRITION SERVICE CHILD NUTRITION PROGRAMS (INCLUDING TRANSFERS OF FUNDS) For necessary expenses to carry out the Richard B. 12 Russell National School Lunch Act (42 U.S.C. 1751 et 13 seq.), except section 21, and the Child Nutrition Act of 14 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 15 21; $22,149,746,000 to remain available through Sep16 tember 30, 2017, of which such sums as are made avail17 able under section 14222(b)(1) of the Food, Conservation, 18 and Energy Act of 2008 (Public Law 110–246), as 19 amended by this Act, shall be merged with and available 20 for the same time period and purposes as provided herein: 21 Provided, That of the total amount available, $17,004,000 22 shall be available to carry out section 19 of the Child Nu23 trition Act of 1966 (42 U.S.C. 1771 et seq.): Provided 24 further, That of the total amount available, $25,000,000 25 shall be available to provide competitive grants to State December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 57 1 agencies for subgrants to local educational agencies and 2 schools to purchase the equipment needed to serve 3 healthier meals, improve food safety, and to help support 4 the establishment, maintenance, or expansion of the school 5 breakfast program: Provided further, That of the total 6 amount available, $16,000,000 shall remain available until 7 expended to carry out section 749(g) of the Agriculture 8 Appropriations Act of 2010 (Public Law 111–80): Pro9 vided further, That section 26(d) of the Richard B. Russell 10 National School Lunch Act (42 U.S.C. 1769g(d)) is 11 amended in the first sentence by striking ‘‘2010 through 12 2015’’ and inserting ‘‘2010 through 2016’’. 13 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR 14 WOMEN, INFANTS, AND CHILDREN (WIC) 15 For necessary expenses to carry out the special sup- 16 plemental nutrition program as authorized by section 17 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), 18 $6,350,000,000, to remain available through September 19 30, 2017: Provided, That notwithstanding section 20 17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C. 21 1786(h)(10)), not less than $60,000,000 shall be used for 22 breastfeeding peer counselors and other related activities, 23 and $13,600,000 shall be used for infrastructure: Pro24 vided further, That none of the funds provided in this ac25 count shall be available for the purchase of infant formula December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 58 1 except in accordance with the cost containment and com2 petitive bidding requirements specified in section 17 of 3 such Act: Provided further, That none of the funds pro4 vided shall be available for activities that are not fully re5 imbursed by other Federal Government departments or 6 agencies unless authorized by section 17 of such Act: Pro7 vided further, That upon termination of a federally man8 dated vendor moratorium and subject to terms and condi9 tions established by the Secretary, the Secretary may 10 waive the requirement at 7 CFR 246.12(g)(6) at the re11 quest of a State agency. 12 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM 13 For necessary expenses to carry out the Food and 14 Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), 15 $80,849,383,000, of which $3,000,000,000, to remain 16 available through December 31, 2017, shall be placed in 17 reserve for use only in such amounts and at such times 18 as may become necessary to carry out program operations: 19 Provided, That funds available for the contingency reserve 20 under the heading ‘‘Supplemental Nutrition Assistance 21 Program’’ of division A of Public Law 113–235 shall be 22 available until December 31, 2016: Provided further, That 23 funds provided herein shall be expended in accordance 24 with section 16 of the Food and Nutrition Act of 2008: 25 Provided further, That of the funds made available under December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 59 1 this heading, $998,000 may be used to provide nutrition 2 education services to State agencies and Federally Recog3 nized Tribes participating in the Food Distribution Pro4 gram on Indian Reservations: Provided further, That this 5 appropriation shall be subject to any work registration or 6 workfare requirements as may be required by law: Pro7 vided further, That funds made available for Employment 8 and Training under this heading shall remain available 9 through September 30, 2017: Provided further, That 10 funds made available under this heading for section 11 28(d)(1) and section 27(a) of the Food and Nutrition Act 12 of 2008 shall remain available through September 30, 13 2017: Provided further, That funds made available under 14 this heading may be used to enter into contracts and em15 ploy staff to conduct studies, evaluations, or to conduct 16 activities related to program integrity provided that such 17 activities are authorized by the Food and Nutrition Act 18 of 2008. 19 20 COMMODITY ASSISTANCE PROGRAM For necessary expenses to carry out disaster assist- 21 ance and the Commodity Supplemental Food Program as 22 authorized by section 4(a) of the Agriculture and Con23 sumer Protection Act of 1973 (7 U.S.C. 612c note); the 24 Emergency Food Assistance Act of 1983; special assist25 ance for the nuclear affected islands, as authorized by sec- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 60 1 tion 103(f)(2) of the Compact of Free Association Amend2 ments Act of 2003 (Public Law 108–188); and the Farm3 ers’ Market Nutrition Program, as authorized by section 4 17(m) of the Child Nutrition Act of 1966, $296,217,000, 5 to remain available through September 30, 2017: Pro6 vided, That none of these funds shall be available to reim7 burse the Commodity Credit Corporation for commodities 8 donated to the program: Provided further, That notwith9 standing any other provision of law, effective with funds 10 made available in fiscal year 2016 to support the Seniors 11 Farmers’ Market Nutrition Program, as authorized by 12 section 4402 of the Farm Security and Rural Investment 13 Act of 2002, such funds shall remain available through 14 September 30, 2017: Provided further, That of the funds 15 made available under section 27(a) of the Food and Nutri16 tion Act of 2008 (7 U.S.C. 2036(a)), the Secretary may 17 use up to 10 percent for costs associated with the distribu18 tion of commodities. 19 20 NUTRITION PROGRAMS ADMINISTRATION For necessary administrative expenses of the Food 21 and Nutrition Service for carrying out any domestic nutri22 tion assistance program, $150,824,000: Provided, That of 23 the funds provided herein, $2,000,000 shall be used for 24 the purposes of section 4404 of Public Law 107–171, as 25 amended by section 4401 of Public Law 110–246. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 61 1 TITLE V 2 FOREIGN ASSISTANCE AND RELATED 3 PROGRAMS 4 FOREIGN AGRICULTURAL SERVICE 5 SALARIES AND EXPENSES 6 (INCLUDING TRANSFERS OF FUNDS) 7 For necessary expenses of the Foreign Agricultural 8 Service, including not to exceed $250,000 for representa9 tion allowances and for expenses pursuant to section 8 of 10 the Act approved August 3, 1956 (7 U.S.C. 1766), 11 $191,566,000: Provided, That the Service may utilize ad12 vances of funds, or reimburse this appropriation for ex13 penditures made on behalf of Federal agencies, public and 14 private organizations and institutions under agreements 15 executed pursuant to the agricultural food production as16 sistance programs (7 U.S.C. 1737) and the foreign assist17 ance programs of the United States Agency for Inter18 national Development: Provided further, That funds made 19 available for middle-income country training programs, 20 funds made available for the Borlaug International Agri21 cultural Science and Technology Fellowship program, and 22 up to $2,000,000 of the Foreign Agricultural Service ap23 propriation solely for the purpose of offsetting fluctuations 24 in international currency exchange rates, subject to docu- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 62 1 mentation by the Foreign Agricultural Service, shall re2 main available until expended. 3 FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD 4 FOR PROGRESS PROGRAM ACCOUNT 5 (INCLUDING TRANSFER OF FUNDS) 6 For administrative expenses to carry out the credit 7 program of title I, Food for Peace Act (Public Law 83– 8 480) and the Food for Progress Act of 1985, $2,528,000, 9 shall be transferred to and merged with the appropriation 10 for ‘‘Farm Service Agency, Salaries and Expenses’’. 11 FOOD FOR PEACE TITLE II GRANTS 12 For expenses during the current fiscal year, not oth- 13 erwise recoverable, and unrecovered prior years’ costs, in14 cluding interest thereon, under the Food for Peace Act 15 (Public Law 83–480), for commodities supplied in connec16 tion with dispositions abroad under title II of said Act, 17 $1,466,000,000, to remain available until expended. 18 MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION 19 AND CHILD NUTRITION PROGRAM GRANTS 20 For necessary expenses to carry out the provisions 21 of section 3107 of the Farm Security and Rural Invest22 ment Act of 2002 (7 U.S.C. 1736o–1), $201,626,000, to 23 remain available until expended: Provided, That the Com24 modity Credit Corporation is authorized to provide the 25 services, facilities, and authorities for the purpose of im- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 63 1 plementing such section, subject to reimbursement from 2 amounts provided herein: Provided further, That of the 3 amount made available under this heading, $5,000,000, 4 shall remain available until expended for necessary ex5 penses to carry out the provisions of section 3207 of the 6 Agricultural Act of 2014 (7 U.S.C. 1726c). 7 COMMODITY CREDIT CORPORATION EXPORT (LOANS) 8 CREDIT GUARANTEE PROGRAM ACCOUNT 9 (INCLUDING TRANSFERS OF FUNDS) 10 For administrative expenses to carry out the Com- 11 modity Credit Corporation’s Export Guarantee Program, 12 GSM 102 and GSM 103, $6,748,000; to cover common 13 overhead expenses as permitted by section 11 of the Com14 modity Credit Corporation Charter Act and in conformity 15 with the Federal Credit Reform Act of 1990, of which 16 $6,394,000 shall be transferred to and merged with the 17 appropriation for ‘‘Foreign Agricultural Service, Salaries 18 and Expenses’’, and of which $354,000 shall be trans19 ferred to and merged with the appropriation for ‘‘Farm 20 Service Agency, Salaries and Expenses’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 64 1 TITLE VI 2 RELATED AGENCIES AND FOOD AND DRUG 3 ADMINISTRATION 4 DEPARTMENT OF HEALTH AND HUMAN SERVICES 5 FOOD AND DRUG ADMINISTRATION 6 SALARIES AND EXPENSES 7 For necessary expenses of the Food and Drug Ad- 8 ministration, including hire and purchase of passenger 9 motor vehicles; for payment of space rental and related 10 costs pursuant to Public Law 92–313 for programs and 11 activities of the Food and Drug Administration which are 12 included in this Act; for rental of special purpose space 13 in the District of Columbia or elsewhere; for miscellaneous 14 and emergency expenses of enforcement activities, author15 ized and approved by the Secretary and to be accounted 16 for solely on the Secretary’s certificate, not to exceed 17 $25,000; and notwithstanding section 521 of Public Law 18 107–188; $4,681,392,000: Provided, That of the amount 19 provided under this heading, $851,481,000 shall be de20 rived from prescription drug user fees authorized by 21 21 U.S.C. 379h, and shall be credited to this account and 22 remain available until expended; $137,677,000 shall be de23 rived from medical device user fees authorized by 21 24 U.S.C. 379j, and shall be credited to this account and re25 main available until expended; $318,363,000 shall be de- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 65 1 rived from human generic drug user fees authorized by 2 21 U.S.C. 379j–42, and shall be credited to this account 3 and remain available until expended; $21,540,000 shall be 4 derived from biosimilar biological product user fees au5 thorized by 21 U.S.C. 379j–52, and shall be credited to 6 this account and remain available until expended; 7 $22,818,000 shall be derived from animal drug user fees 8 authorized by 21 U.S.C. 379j–12, and shall be credited 9 to this account and remain available until expended; 10 $9,705,000 shall be derived from animal generic drug user 11 fees authorized by 21 U.S.C. 379j–21, and shall be cred12 ited to this account and remain available until expended; 13 $599,000,000 shall be derived from tobacco product user 14 fees authorized by 21 U.S.C. 387s, and shall be credited 15 to this account and remain available until expended: Pro16 vided further, That in addition to and notwithstanding any 17 other provision under this heading, amounts collected for 18 prescription drug user fees, medical device user fees, 19 human generic drug user fees, biosimilar biological prod20 uct user fees, animal drug user fees, and animal generic 21 drug user fees that exceed the respective fiscal year 2016 22 limitations are appropriated and shall be credited to this 23 account and remain available until expended: Provided fur24 ther, That fees derived from prescription drug, medical de25 vice, human generic drug, biosimilar biological product, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 66 1 animal drug, and animal generic drug assessments for fis2 cal year 2016, including any such fees collected prior to 3 fiscal year 2016 but credited for fiscal year 2016, shall 4 be subject to the fiscal year 2016 limitations: Provided fur5 ther, That the Secretary may accept payment during fiscal 6 year 2016 of user fees specified under this heading and 7 authorized for fiscal year 2017, prior to the due date for 8 such fees, and that amounts of such fees assessed for fis9 cal year 2017 for which the Secretary accepts payment 10 in fiscal year 2016 shall not be included in amounts under 11 this heading: Provided further, That none of these funds 12 shall be used to develop, establish, or operate any program 13 of user fees authorized by 31 U.S.C. 9701: Provided fur14 ther, That of the total amount appropriated: (1) 15 $987,328,000 shall be for the Center for Food Safety and 16 Applied Nutrition and related field activities in the Office 17 of Regulatory Affairs; (2) $1,394,136,000 shall be for the 18 Center for Drug Evaluation and Research and related 19 field activities in the Office of Regulatory Affairs; (3) 20 $354,901,000 shall be for the Center for Biologics Evalua21 tion and Research and for related field activities in the 22 Office of Regulatory Affairs; (4) $187,825,000 shall be 23 for the Center for Veterinary Medicine and for related 24 field activities in the Office of Regulatory Affairs; (5) 25 $430,443,000 shall be for the Center for Devices and Ra- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 67 1 diological Health and for related field activities in the Of2 fice of Regulatory Affairs; (6) $63,331,000 shall be for 3 the National Center for Toxicological Research; (7) 4 $564,117,000 shall be for the Center for Tobacco Prod5 ucts and for related field activities in the Office of Regu6 latory Affairs; (8) not to exceed $171,418,000 shall be for 7 Rent and Related activities, of which $52,346,000 is for 8 White Oak Consolidation, other than the amounts paid to 9 the General Services Administration for rent; (9) not to 10 exceed $238,274,000 shall be for payments to the General 11 Services Administration for rent; and (10) $289,619,000 12 shall be for other activities, including the Office of the 13 Commissioner of Food and Drugs, the Office of Foods and 14 Veterinary Medicine, the Office of Medical and Tobacco 15 Products, the Office of Global and Regulatory Policy, the 16 Office of Operations, the Office of the Chief Scientist, and 17 central services for these offices: Provided further, That 18 not to exceed $25,000 of this amount shall be for official 19 reception and representation expenses, not otherwise pro20 vided for, as determined by the Commissioner: Provided 21 further, That any transfer of funds pursuant to section 22 770(n) of the Federal Food, Drug, and Cosmetic Act (21 23 U.S.C. 379dd(n)) shall only be from amounts made avail24 able under this heading for other activities: Provided fur25 ther, That of the amounts that are made available under December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 68 1 this heading for ‘‘other activities’’, and that are not de2 rived from user fees, $1,500,000 shall be transferred to 3 and merged with the appropriation for ‘‘Department of 4 Health and Human Services—Office of Inspector Gen5 eral’’ for oversight of the programs and operations of the 6 Food and Drug Administration and shall be in addition 7 to funds otherwise made available for oversight of the 8 Food and Drug Administration: Provided further, That 9 funds may be transferred from one specified activity to 10 another with the prior approval of the Committees on Ap11 propriations of both Houses of Congress. 12 In addition, mammography user fees authorized by 13 42 U.S.C. 263b, export certification user fees authorized 14 by 21 U.S.C. 381, priority review user fees authorized by 15 21 U.S.C. 360n and 360ff, food and feed recall fees, food 16 reinspection fees, and voluntary qualified importer pro17 gram fees authorized by 21 U.S.C. 379j–31, outsourcing 18 facility fees authorized by 21 U.S.C. 379j–62, prescription 19 drug wholesale distributor licensing and inspection fees 20 authorized by 21 U.S.C. 353(e)(3), and third-party logis21 tics provider licensing and inspection fees authorized by 22 21 U.S.C. 360eee–3(c)(1), and third-party auditor fees 23 authorized by 21 U.S.C. 384d(c)(8), shall be credited to 24 this account, to remain available until expended. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 69 1 2 BUILDINGS AND FACILITIES For plans, construction, repair, improvement, exten- 3 sion, alteration, and purchase of fixed equipment or facili4 ties of or used by the Food and Drug Administration, 5 where not otherwise provided, $8,788,000, to remain 6 available until expended. 7 INDEPENDENT AGENCIES 8 COMMODITY FUTURES TRADING COMMISSION 9 For necessary expenses to carry out the provisions 10 of the Commodity Exchange Act (7 U.S.C. 1 et seq.), in11 cluding the purchase and hire of passenger motor vehicles, 12 and the rental of space (to include multiple year leases), 13 in the District of Columbia and elsewhere, $250,000,000, 14 including not to exceed $3,000 for official reception and 15 representation expenses, and not to exceed $25,000 for the 16 expenses for consultations and meetings hosted by the 17 Commission with foreign governmental and other regu18 latory officials, of which not less than $50,000,000, to re19 main available until September 30, 2017, shall be for the 20 purchase of information technology and of which not less 21 than $2,620,000 shall be for expenses of the Office of the 22 Inspector General: Provided, That notwithstanding the 23 limitations in 31 U.S.C. 1553, amounts provided under 24 this heading are available for the liquidation of obligations 25 equal to current year payments on leases entered into December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 70 1 prior to the date of enactment of this Act: Provided fur2 ther, That for the purpose of recording any obligations 3 that should have been recorded against accounts closed 4 pursuant to 31 U.S.C. 1552, these accounts may be re5 opened solely for the purpose of correcting any violations 6 of 31 U.S.C. 1501(a)(1), and balances canceled pursuant 7 to 31 U.S.C. 1552(a) in any accounts reopened pursuant 8 to this authority shall remain unavailable to liquidate any 9 outstanding obligations. 10 FARM CREDIT ADMINISTRATION 11 LIMITATION ON ADMINISTRATIVE EXPENSES 12 Not to exceed $65,600,000 (from assessments col- 13 lected from farm credit institutions, including the Federal 14 Agricultural Mortgage Corporation) shall be obligated 15 during the current fiscal year for administrative expenses 16 as authorized under 12 U.S.C. 2249: Provided, That this 17 limitation shall not apply to expenses associated with re18 ceiverships: Provided further, That the agency may exceed 19 this limitation by up to 10 percent with notification to the 20 Committees on Appropriations of both Houses of Con21 gress. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 71 1 TITLE VII 2 GENERAL PROVISIONS 3 (INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS) 4 SEC. 701. Within the unit limit of cost fixed by law, 5 appropriations and authorizations made for the Depart6 ment of Agriculture for the current fiscal year under this 7 Act shall be available for the purchase, in addition to those 8 specifically provided for, of not to exceed 71 passenger 9 motor vehicles of which 68 shall be for replacement only, 10 and for the hire of such vehicles: Provided, That notwith11 standing this section, the only purchase of new passenger 12 vehicles shall be for those determined by the Secretary to 13 be necessary for transportation safety, to reduce oper14 ational costs, and for the protection of life, property, and 15 public safety. 16 SEC. 702. Notwithstanding any other provision of 17 this Act, the Secretary of Agriculture may transfer unobli18 gated balances of discretionary funds appropriated by this 19 Act or any other available unobligated discretionary bal20 ances that are remaining available of the Department of 21 Agriculture to the Working Capital Fund for the acquisi22 tion of plant and capital equipment necessary for the deliv23 ery of financial, administrative, and information tech24 nology services of primary benefit to the agencies of the 25 Department of Agriculture, such transferred funds to re- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 72 1 main available until expended: Provided, That none of the 2 funds made available by this Act or any other Act shall 3 be transferred to the Working Capital Fund without the 4 prior approval of the agency administrator: Provided fur5 ther, That none of the funds transferred to the Working 6 Capital Fund pursuant to this section shall be available 7 for obligation without written notification to and the prior 8 approval of the Committees on Appropriations of both 9 Houses of Congress: Provided further, That none of the 10 funds appropriated by this Act or made available to the 11 Department’s Working Capital Fund shall be available for 12 obligation or expenditure to make any changes to the De13 partment’s National Finance Center without written noti14 fication to and prior approval of the Committees on Ap15 propriations of both Houses of Congress as required by 16 section 717 of this Act: Provided further, That of annual 17 income amounts in the Working Capital Fund of the De18 partment of Agriculture allocated for the National Fi19 nance Center, the Secretary may reserve not more than 20 4 percent for the replacement or acquisition of capital 21 equipment, including equipment for the improvement and 22 implementation of a financial management plan, informa23 tion technology, and other systems of the National Fi24 nance Center or to pay any unforeseen, extraordinary cost 25 of the National Finance Center: Provided further, That December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 73 1 none of the amounts reserved shall be available for obliga2 tion unless the Secretary submits written notification of 3 the obligation to the Committees on Appropriations of 4 both Houses of Congress: Provided further, That the limi5 tation on the obligation of funds pending notification to 6 Congressional Committees shall not apply to any obliga7 tion that, as determined by the Secretary, is necessary to 8 respond to a declared state of emergency that significantly 9 impacts the operations of the National Finance Center; 10 or to evacuate employees of the National Finance Center 11 to a safe haven to continue operations of the National Fi12 nance Center. 13 SEC. 703. No part of any appropriation contained in 14 this Act shall remain available for obligation beyond the 15 current fiscal year unless expressly so provided herein. 16 SEC. 704. No funds appropriated by this Act may be 17 used to pay negotiated indirect cost rates on cooperative 18 agreements or similar arrangements between the United 19 States Department of Agriculture and nonprofit institu20 tions in excess of 10 percent of the total direct cost of 21 the agreement when the purpose of such cooperative ar22 rangements is to carry out programs of mutual interest 23 between the two parties. This does not preclude appro24 priate payment of indirect costs on grants and contracts 25 with such institutions when such indirect costs are com- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 74 1 puted on a similar basis for all agencies for which appro2 priations are provided in this Act. 3 SEC. 705. Appropriations to the Department of Agri- 4 culture for the cost of direct and guaranteed loans made 5 available in the current fiscal year shall remain available 6 until expended to disburse obligations made in the current 7 fiscal year for the following accounts: the Rural Develop8 ment Loan Fund program account, the Rural Electrifica9 tion and Telecommunication Loans program account, and 10 the Rural Housing Insurance Fund program account. 11 SEC. 706. None of the funds made available to the 12 Department of Agriculture by this Act may be used to ac13 quire new information technology systems or significant 14 upgrades, as determined by the Office of the Chief Infor15 mation Officer, without the approval of the Chief Informa16 tion Officer and the concurrence of the Executive Informa17 tion Technology Investment Review Board: Provided, That 18 notwithstanding any other provision of law, none of the 19 funds appropriated or otherwise made available by this 20 Act may be transferred to the Office of the Chief Informa21 tion Officer without written notification to and the prior 22 approval of the Committees on Appropriations of both 23 Houses of Congress: Provided further, That, notwith24 standing section 11319 of title 40, United States Code, 25 none of the funds available to the Department of Agri- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 75 1 culture for information technology shall be obligated for 2 projects, contracts, or other agreements over $25,000 3 prior to receipt of written approval by the Chief Informa4 tion Officer: Provided further, That the Chief Information 5 Officer may authorize an agency to obligate funds without 6 written approval from the Chief Information Officer for 7 projects, contracts, or other agreements up to $250,000 8 based upon the performance of an agency measured 9 against the performance plan requirements described in 10 the explanatory statement accompanying Public Law 113– 11 235. 12 SEC. 707. Funds made available under section 524(b) 13 of the Federal Crop Insurance Act (7 U.S.C. 1524(b)) in 14 the current fiscal year shall remain available until ex15 pended to disburse obligations made in the current fiscal 16 year. 17 SEC. 708. Notwithstanding any other provision of 18 law, any former RUS borrower that has repaid or prepaid 19 an insured, direct or guaranteed loan under the Rural 20 Electrification Act of 1936, or any not-for-profit utility 21 that is eligible to receive an insured or direct loan under 22 such Act, shall be eligible for assistance under section 23 313(b)(2)(B) of such Act in the same manner as a bor24 rower under such Act. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 76 1 SEC. 709. Except as otherwise specifically provided 2 by law, not more than $20,000,000 in unobligated bal3 ances from appropriations made available for salaries and 4 expenses in this Act for the Farm Service Agency shall 5 remain available through September 30, 2017, for infor6 mation technology expenses: Provided, That except as oth7 erwise specifically provided by law, unobligated balances 8 from appropriations made available for salaries and ex9 penses in this Act for the Rural Development mission area 10 shall remain available through September 30, 2017, for 11 information technology expenses. 12 SEC. 710. None of the funds appropriated or other- 13 wise made available by this Act may be used for first-class 14 travel by the employees of agencies funded by this Act in 15 contravention of sections 301–10.122 through 301–10.124 16 of title 41, Code of Federal Regulations. 17 SEC. 711. In the case of each program established 18 or amended by the Agricultural Act of 2014 (Public Law 19 113–79), other than by title I or subtitle A of title III 20 of such Act, or programs for which indefinite amounts 21 were provided in that Act, that is authorized or required 22 to be carried out using funds of the Commodity Credit 23 Corporation— 24 (1) such funds shall be available for salaries 25 and related administrative expenses, including tech- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 77 1 nical assistance, associated with the implementation 2 of the program, without regard to the limitation on 3 the total amount of allotments and fund transfers 4 contained in section 11 of the Commodity Credit 5 Corporation Charter Act (15 U.S.C. 714i); and 6 (2) the use of such funds for such purpose shall 7 not be considered to be a fund transfer or allotment 8 for purposes of applying the limitation on the total 9 amount of allotments and fund transfers contained 10 in such section. 11 SEC. 712. Of the funds made available by this Act, 12 not more than $2,000,000 shall be used to cover necessary 13 expenses of activities related to all advisory committees, 14 panels, commissions, and task forces of the Department 15 of Agriculture, except for panels used to comply with nego16 tiated rule makings and panels used to evaluate competi17 tively awarded grants. 18 SEC. 713. None of the funds in this Act shall be avail- 19 able to pay indirect costs charged against any agricultural 20 research, education, or extension grant awards issued by 21 the National Institute of Food and Agriculture that exceed 22 30 percent of total Federal funds provided under each 23 award: Provided, That notwithstanding section 1462 of 24 the National Agricultural Research, Extension, and 25 Teaching Policy Act of 1977 (7 U.S.C. 3310), funds pro- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 78 1 vided by this Act for grants awarded competitively by the 2 National Institute of Food and Agriculture shall be avail3 able to pay full allowable indirect costs for each grant 4 awarded under section 9 of the Small Business Act (15 5 U.S.C. 638). 6 SEC. 714. None of the funds appropriated or other- 7 wise made available by this or any other Act shall be used 8 to pay the salaries and expenses of personnel to carry out 9 the following: 10 (1) The Watershed Rehabilitation program au- 11 thorized by section 14(h)(1) of the Watershed and 12 Flood Protection Act (16 U.S.C. 1012(h)(1)); 13 (2) The Environmental Quality Incentives Pro- 14 gram as authorized by sections 1240–1240H of the 15 Food Security Act of 1985 (16 U.S.C. 3839aa– 16 3839aa–8) in excess of $1,329,000,000: Provided, 17 That this limitation shall apply only to funds pro- 18 vided by section 1241(a)(5)(C) of the Food Security 19 Act of 1985 (16 U.S.C. 3841(a)(5)(C)); 20 (3) The Biomass Crop Assistance Program au- 21 thorized by section 9011 of the Farm Security and 22 Rural Investment Act of 2002 (7 U.S.C. 8111) in 23 excess of $3,000,000 in new obligational authority; 24 and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 79 1 (4) The Biorefinery, Renewable Chemical and 2 Biobased Product Manufacturing Assistance pro- 3 gram as authorized by section 9003 of the Farm Se- 4 curity and Rural Investment Act of 2002 (7 U.S.C. 5 8103) in excess of $27,000,000 of the funding ap- 6 propriated by subsection (g)(1)(A)(ii) of that section 7 for fiscal year 2016. 8 SEC. 715. None of the funds appropriated or other- 9 wise made available by this or any other Act shall be used 10 to pay the salaries and expenses of personnel to carry out 11 a program under subsection (b)(2)(A)(viii) of section 12 14222 of Public Law 110–246 in excess of $884,980,000, 13 as follows: Child Nutrition Programs Entitlement Com14 modities—$465,000,000; 15 $5,000,000; Removal State of Option Defective Contracts— Commodities— 16 $2,500,000: Provided, That none of the funds made avail17 able in this Act or any other Act shall be used for salaries 18 and expenses to carry out in this fiscal year section 19 19(i)(1)(E) of the Richard B. Russell National School 20 Lunch Act, as amended, except in an amount that ex21 cludes the transfer of $125,000,000 of the funds to be 22 transferred under subsection (c) of section 14222 of Pub23 lic Law 110–246, until October 1, 2016: Provided further, 24 That $125,000,000 made available on October 1, 2016, 25 to carry out section 19(i)(1)(E) of the Richard B. Russell December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 80 1 National School Lunch Act, as amended, shall be excluded 2 from the limitation described in subsection (b)(2)(A)(ix) 3 of section 14222 of Public Law 110–246: Provided further, 4 That none of the funds appropriated or otherwise made 5 available by this or any other Act shall be used to pay 6 the salaries or expenses of any employee of the Depart7 ment of Agriculture or officer of the Commodity Credit 8 Corporation to carry out clause 3 of section 32 of the Agri9 cultural Adjustment Act of 1935 (Public Law 74–320, 7 10 U.S.C. 612c, as amended), or for any surplus removal ac11 tivities or price support activities under section 5 of the 12 Commodity Credit Corporation Charter Act: Provided fur13 ther, That the available unobligated balances under 14 (b)(2)(A)(viii) of section 14222 of Public Law 110–246 15 in excess of the limitation set forth in this section, except 16 for the amounts to be transferred pursuant to the first 17 proviso, are hereby permanently rescinded. 18 SEC. 716. None of the funds appropriated by this or 19 any other Act shall be used to pay the salaries and ex20 penses of personnel who prepare or submit appropriations 21 language as part of the President’s budget submission to 22 the Congress for programs under the jurisdiction of the 23 Appropriations Subcommittees on Agriculture, Rural De24 velopment, Food and Drug Administration, and Related 25 Agencies that assumes revenues or reflects a reduction December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 81 1 from the previous year due to user fees proposals that 2 have not been enacted into law prior to the submission 3 of the budget unless such budget submission identifies 4 which additional spending reductions should occur in the 5 event the user fees proposals are not enacted prior to the 6 date of the convening of a committee of conference for 7 the fiscal year 2017 appropriations Act. 8 SEC. 717. (a) None of the funds provided by this Act, 9 or provided by previous appropriations Acts to the agen10 cies funded by this Act that remain available for obligation 11 or expenditure in the current fiscal year, or provided from 12 any accounts in the Treasury derived by the collection of 13 fees available to the agencies funded by this Act, shall be 14 available for obligation or expenditure through a re15 programming, transfer of funds, or reimbursements as au16 thorized by the Economy Act, or in the case of the Depart17 ment of Agriculture, through use of the authority provided 18 by section 702(b) of the Department of Agriculture Or19 ganic Act of 1944 (7 U.S.C. 2257) or section 8 of Public 20 Law 89–106 (7 U.S.C. 2263), that— 21 (1) creates new programs; 22 (2) eliminates a program, project, or activity; 23 (3) increases funds or personnel by any means 24 for any project or activity for which funds have been 25 denied or restricted; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 82 1 (4) relocates an office or employees; 2 (5) reorganizes offices, programs, or activities; 3 or 4 (6) contracts out or privatizes any functions or 5 activities presently performed by Federal employees; 6 unless the Secretary of Agriculture, the Secretary of 7 Health and Human Services, or the Chairman of the Com8 modity Futures Trading Commission (as the case may be) 9 notifies in writing and receives approval from the Commit10 tees on Appropriations of both Houses of Congress at least 11 30 days in advance of the reprogramming of such funds 12 or the use of such authority. 13 (b) None of the funds provided by this Act, or pro- 14 vided by previous Appropriations Acts to the agencies 15 funded by this Act that remain available for obligation or 16 expenditure in the current fiscal year, or provided from 17 any accounts in the Treasury derived by the collection of 18 fees available to the agencies funded by this Act, shall be 19 available for obligation or expenditure for activities, pro20 grams, or projects through a reprogramming or use of the 21 authorities referred to in subsection (a) involving funds 22 in excess of $500,000 or 10 percent, whichever is less, 23 that— 24 25 December 16, 2015 (1:04 a.m.) (1) augments existing programs, projects, or activities; U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 83 1 (2) reduces by 10 percent funding for any exist- 2 ing program, project, or activity, or numbers of per- 3 sonnel by 10 percent as approved by Congress; or 4 (3) results from any general savings from a re- 5 duction in personnel which would result in a change 6 in existing programs, activities, or projects as ap- 7 proved by Congress; unless the Secretary of Agri- 8 culture, the Secretary of Health and Human Serv- 9 ices, or the Chairman of the Commodity Futures 10 Trading Commission (as the case may be) notifies in 11 writing and receives approval from the Committees 12 on Appropriations of both Houses of Congress at 13 least 30 days in advance of the reprogramming or 14 transfer of such funds or the use of such authority. 15 (c) The Secretary of Agriculture, the Secretary of 16 Health and Human Services, or the Chairman of the Com17 modity Futures Trading Commission shall notify in writ18 ing and receive approval from the Committees on Appro19 priations of both Houses of Congress before implementing 20 any program or activity not carried out during the pre21 vious fiscal year unless the program or activity is funded 22 by this Act or specifically funded by any other Act. 23 (d) None of the funds provided by this Act, or pro- 24 vided by previous Appropriations Acts to the agencies 25 funded by this Act that remain available for obligation or December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 84 1 expenditure in the current fiscal year, or provided from 2 any accounts in the Treasury derived by the collection of 3 fees available to the agencies funded by this Act, shall be 4 available for— 5 (1) modifying major capital investments fund- 6 ing levels, including information technology systems, 7 that involves increasing or decreasing funds in the 8 current fiscal year for the individual investment in 9 excess of $500,000 or 10 percent of the total cost, 10 whichever is less; 11 (2) realigning or reorganizing new, current, or 12 vacant positions or agency activities or functions to 13 establish a center, office, branch, or similar entity 14 with five or more personnel; or 15 (3) carrying out activities or functions that 16 were not described in the budget request; unless the 17 agencies funded by this Act notify, in writing, the 18 Committees on Appropriations of both Houses of 19 Congress at least 30 days in advance of using the 20 funds for these purposes. 21 (e) As described in this section, no funds may be used 22 for any activities unless the Secretary of Agriculture, the 23 Secretary of Health and Human Services, or the Chair24 man of the Commodity Futures Trading Commission re25 ceives from the Committee on Appropriations of both December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 85 1 Houses of Congress written or electronic mail confirma2 tion of receipt of the notification as required in this sec3 tion. 4 SEC. 718. Notwithstanding section 310B(g)(5) of the 5 Consolidated Farm and Rural Development Act (7 U.S.C. 6 1932(g)(5)), the Secretary may assess a one-time fee for 7 any guaranteed business and industry loan in an amount 8 that does not exceed 3 percent of the guaranteed principal 9 portion of the loan. 10 SEC. 719. None of the funds appropriated or other- 11 wise made available to the Department of Agriculture, the 12 Food and Drug Administration, the Commodity Futures 13 Trading Commission, or the Farm Credit Administration 14 shall be used to transmit or otherwise make available re15 ports, questions, or responses to questions that are a re16 sult of information requested for the appropriations hear17 ing process to any non-Department of Agriculture, non18 Department of Health and Human Services, non-Com19 modity Futures Trading Commission, or non-Farm Credit 20 Administration employee. 21 SEC. 720. Unless otherwise authorized by existing 22 law, none of the funds provided in this Act, may be used 23 by an executive branch agency to produce any pre24 packaged news story intended for broadcast or distribution 25 in the United States unless the story includes a clear noti- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 86 1 fication within the text or audio of the prepackaged news 2 story that the prepackaged news story was prepared or 3 funded by that executive branch agency. 4 SEC. 721. No employee of the Department of Agri- 5 culture may be detailed or assigned from an agency or 6 office funded by this Act or any other Act to any other 7 agency or office of the Department for more than 60 days 8 in a fiscal year unless the individual’s employing agency 9 or office is fully reimbursed by the receiving agency or 10 office for the salary and expenses of the employee for the 11 period of assignment. 12 SEC. 722. None of the funds made available by this 13 Act may be used to pay the salaries and expenses of per14 sonnel who provide nonrecourse marketing assistance 15 loans for mohair under section 1201 of the Agricultural 16 Act of 2014 (Public Law 113–79). 17 SEC. 723. Not later than 30 days after the date of 18 enactment of this Act, the Secretary of Agriculture, the 19 Commissioner of the Food and Drug Administration, the 20 Chairman of the Commodity Futures Trading Commis21 sion, and the Chairman of the Farm Credit Administra22 tion shall submit to the Committees on Appropriations of 23 both Houses of Congress a detailed spending plan by pro24 gram, project, and activity for all the funds made available 25 under this Act including appropriated user fees, as defined December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 87 1 in the explanatory statement described in section 4 (in the 2 matter preceding division A of this consolidated Act). 3 SEC. 724. Funds made available under title II of the 4 Food for Peace Act (7 U.S.C. 1721 et seq.) may only be 5 used to provide assistance to recipient nations if adequate 6 monitoring and controls, as determined by the Adminis7 trator of the U.S. Agency for International Development, 8 are in place to ensure that emergency food aid is received 9 by the intended beneficiaries in areas affected by food 10 shortages and not diverted for unauthorized or inappro11 priate purposes. 12 SEC. 725. There is hereby appropriated $1,996,000 13 to carry out section 1621 of Public Law 110–246. 14 SEC. 726. The Secretary shall establish an inter- 15 mediary loan packaging program based on the pilot pro16 gram in effect for fiscal year 2013 for packaging and re17 viewing section 502 single family direct loans. The Sec18 retary shall enter into agreements with current inter19 mediary organizations and with additional qualified inter20 mediary organizations. The Secretary shall work with 21 these organizations to increase effectiveness of the section 22 502 single family direct loan program in rural commu23 nities and shall set aside and make available from the na24 tional reserve section 502 loans an amount necessary to December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 88 1 support the work of such intermediaries and provide a pri2 ority for review of such loans. 3 SEC. 727. For loans and loan guarantees that do not 4 require budget authority and the program level has been 5 established in this Act, the Secretary of Agriculture may 6 increase the program level for such loans and loan guaran7 tees by not more than 25 percent: Provided, That prior 8 to the Secretary implementing such an increase, the Sec9 retary notifies, in writing, the Committees on Appropria10 tions of both Houses of Congress at least 15 days in ad11 vance. 12 SEC. 728. There is hereby appropriated for the 13 ‘‘Emergency Watershed Protection Program’’, 14 $157,000,000, to remain available until expended; for the 15 ‘‘Emergency Forestry Restoration Program’’, $6,000,000, 16 to remain available until expended; and for the ‘‘Emer17 gency Conservation Program’’, $108,000,000, to remain 18 available until expended: Provided, That $37,000,000 19 made available for the ‘‘Emergency Watershed Protection 20 Program’’; $2,000,000 made available for the ‘‘Emergency 21 Forestry Restoration Program’’; and $91,000,000 made 22 available for the ‘‘Emergency Conservation Program’’ 23 under this section are for necessary expenses resulting 24 from a major disaster declared pursuant to the Robert T. 25 Stafford Disaster Relief and Emergency Assistance Act December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 89 1 (42 U.S.C. 5121 et seq.), and are designated by the Con2 gress as being for disaster relief pursuant to section 3 251(b)(2)(D) of the Balanced Budget and Emergency 4 Deficit Control Act of 1985. 5 SEC. 729. None of the credit card refunds or rebates 6 transferred to the Working Capital Fund pursuant to sec7 tion 729 of the Agriculture, Rural Development, Food and 8 Drug Administration, and Related Agencies Appropria9 tions Act, 2002 (7 U.S.C. 2235a; Public Law 107–76) 10 shall be available for obligation without written notifica11 tion to, and the prior approval of, the Committees on Ap12 propriations of both Houses of Congress: Provided, That 13 the refunds or rebates so transferred shall be available for 14 obligation only for the acquisition of plant and capital 15 equipment necessary for the delivery of financial, adminis16 trative, and information technology services of primary 17 benefit to the agencies of the Department of Agriculture. 18 SEC. 730. None of the funds made available by this 19 Act may be used to procure processed poultry products 20 imported into the United States from the People’s Repub21 lic of China for use in the school lunch program under 22 the Richard B. Russell National School Lunch Act (42 23 U.S.C. 1751 et seq.), the Child and Adult Food Care Pro24 gram under section 17 of such Act (42 U.S.C. 1766), the 25 Summer Food Service Program for Children under section December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 90 1 13 of such Act (42 U.S.C. 1761), or the school breakfast 2 program under the Child Nutrition Act of 1966 (42 3 U.S.C. 1771 et seq.). 4 SEC. 731. In response to an eligible community where 5 the drinking water supplies are inadequate due to a nat6 ural disaster, as determined by the Secretary, including 7 drought or severe weather, the Secretary may provide po8 table water through the Emergency Community Water As9 sistance Grant Program for an additional period of time 10 not to exceed 120 days beyond the established period pro11 vided under the Program in order to protect public health. 12 SEC. 732. Funds provided by this or any prior Appro- 13 priations Act for the Agriculture and Food Research Ini14 tiative under 7 U.S.C. 450i(b) shall be made available 15 without regard to section 7128 of the Agricultural Act of 16 2014 (7 U.S.C. 3371 note), under the matching require17 ments in laws in effect on the date before the date of en18 actment of such section: Provided, That the requirements 19 of 7 U.S.C. 450i(b)(9) shall continue to apply. 20 SEC. 733. (a) For the period beginning on the date 21 of enactment of this Act through school year 2016–2017, 22 with respect to the school lunch program established under 23 the Richard B. Russell National School Lunch Act (42 24 U.S.C. 1751 et seq.) or the school breakfast program es25 tablished under the Child Nutrition Act of 1966 (42 December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 91 1 U.S.C. 1771 et seq.) and final regulations published by 2 the Department of Agriculture in the Federal Register on 3 January 26, 2012 (77 Fed. Reg. 4088 et seq.), the Sec4 retary shall allow States to grant an exemption from the 5 whole grain requirements that took effect on or after July 6 1, 2014, and the States shall establish a process for evalu7 ating and responding, in a reasonable amount of time, to 8 requests for an exemption: Provided, That school food au9 thorities demonstrate hardship, including financial hard10 ship, in procuring specific whole grain products which are 11 acceptable to the students and compliant with the whole 12 grain-rich requirements: Provided further, That school 13 food authorities shall comply with the applicable grain 14 component or standard with respect to the school lunch 15 or school breakfast program that was in effect prior to 16 July 1, 2014. 17 (b) None of the funds appropriated or otherwise 18 made available by this or any other Act shall be used to 19 pay the salaries and expenses of personnel to implement 20 any regulations under the Richard B. Russell National 21 School Lunch Act (42 U.S.C. 1751 et seq.), the Child Nu22 trition Act of 1966 (42 U.S.C. 1771 et seq.), the Healthy, 23 Hunger-Free Kids Act of 2010 (Public Law 111–296), or 24 any other law that would require a reduction in the quan25 tity of sodium contained in federally reimbursed meals, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 92 1 foods, and snacks sold in schools below Target 1 (as de2 scribed in section 220.8(f)(3) of title 7, Code of Federal 3 Regulations (or successor regulations)) until the latest sci4 entific research establishes the reduction is beneficial for 5 children. 6 SEC. 734. None of the funds made available by this 7 or any other Act may be used to release or implement the 8 final version of the eighth edition of the Dietary Guide9 lines for Americans, revised pursuant to section 301 of 10 the National Nutrition Monitoring and Related Research 11 Act of 1990 (7 U.S.C. 5341), unless the Secretary of Agri12 culture and the Secretary of Health and Human Services 13 ensure that each revision to any nutritional or dietary in14 formation or guideline contained in the 2010 edition of 15 the Dietary Guidelines for Americans and each new nutri16 tional or dietary information or guideline to be included 17 in the eighth edition of the Dietary Guidelines for Ameri18 cans— 19 20 21 (1) is based on significant scientific agreement; and (2) is limited in scope to nutritional and dietary 22 information. 23 SEC. 735. (a) Not later than 30 days after the date 24 of the enactment of this Act, the Secretary of Agriculture 25 shall engage the National Academy of Medicine to conduct December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 93 1 a comprehensive study of the entire process used to estab2 lish the Advisory Committee for the Dietary Guidelines for 3 Americans and the subsequent development of the Dietary 4 Guidelines for Americans, most recently revised pursuant 5 to section 301 of the National Nutrition Monitoring and 6 Related Research Act of 1990 (7 U.S.C. 5341). The panel 7 of the National Academy of Medicine selected to conduct 8 the study shall include a balanced representation of indi9 viduals with broad experiences and viewpoints regarding 10 nutritional and dietary information. 11 (b) The study required by subsection (a) shall include 12 the following: 13 (1) An analysis of each of the following: 14 (A) How the Dietary Guidelines for Ameri- 15 cans can better prevent chronic disease, ensure 16 nutritional sufficiency for all Americans, and 17 accommodate a range of individual factors, in- 18 cluding age, gender, and metabolic health. 19 (B) How the advisory committee selection 20 process can be improved to provide more trans- 21 parency, eliminate bias, and include committee 22 members with a range of viewpoints. 23 (C) How the Nutrition Evidence Library is 24 compiled and utilized, including whether Nutri- 25 tion Evidence Library reviews and other sys- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 94 1 tematic reviews and data analysis are conducted 2 according to rigorous and objective scientific 3 standards. 4 (D) How systematic reviews are conducted 5 on longstanding Dietary Guidelines for Ameri- 6 cans recommendations, including whether sci- 7 entific studies are included from scientists with 8 a range of viewpoints. 9 (2) Recommendations to improve the process 10 used to establish the Dietary Guidelines for Ameri- 11 cans and to ensure the Dietary Guidelines for Amer- 12 icans reflect balanced sound science. 13 (c) There is hereby appropriated $1,000,000 to con- 14 duct the study required by subsection (a). 15 SEC. 736. The unobligated balances identified by the 16 Treasury Appropriation Fund Symbol 12X0113 are re17 scinded. 18 SEC. 737. None of the funds made available by this 19 Act may be used by the Secretary of Agriculture, acting 20 through the Food and Nutrition Service, to commence any 21 new research and evaluation projects until the Secretary 22 submits to the Committees on Appropriations of both 23 Houses of Congress a research and evaluation plan for fis24 cal year 2016, prepared in coordination with the Research, 25 Education, and Economics mission area of the Depart- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 95 1 ment of Agriculture, and a period of 30 days beginning 2 on the date of the submission of the plan expires to permit 3 Congressional review of the plan. 4 SEC. 738. Of the unobligated prior year funds identi- 5 fied by Treasury Appropriation Fund Symbol 12X1980 6 where obligations have been cancelled, $13,000,000 is re7 scinded. 8 SEC. 739. The unobligated balances identified by the 9 Treasury Appropriation Fund Symbol 12X3318, 10 12X1010, 12X1090, 12X1907, 12X0402, 12X3508, and 11 12X3322 are rescinded. 12 SEC. 740. Section 166 of the Federal Agriculture Im- 13 provement and Reform Act of 1996 (7 U.S.C. 7286) is 14 amended— 15 (1) by striking ‘‘and title I of the Food, Con- 16 servation, and Energy Act of 2008’’ both places it 17 appears and inserting ‘‘title I of the Food, Conserva- 18 tion, and Energy Act of 2008, and Subtitle B of title 19 I of the Agricultural Act of 2014’’; and 20 21 22 (2) by amending paragraph (3) of subsection (c) to read as follows: ‘‘(3) APPLICATION OF AUTHORITY.—Beginning 23 with the 2015 crop marketing year, the Secretary 24 shall carry out paragraph (1) under the same terms 25 and conditions as were in effect for the 2008 crop December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 96 1 year for loans made to producers under subtitle B 2 of title I of the Food, Conservation, and Energy Act 3 of 2008 (7 U.S.C. 8701 et seq.).’’. 4 SEC. 741. (a) There is hereby appropriated 5 $5,000,000 to provide competitive grants to State agencies 6 for subgrants to local educational agencies and schools to 7 purchase the equipment needed to serve healthier meals, 8 improve food safety, and to help support the establish9 ment, maintenance, or expansion of the school breakfast 10 program, to remain available until expended. 11 (b) There is hereby appropriated $7,000,000 to carry 12 out section 749(g) of the Agriculture Appropriations Act 13 of 2010 (Public Law 111–80), to remain available until 14 expended. 15 SEC. 742. Of the unobligated balances identified by 16 the Treasury Appropriation Fund Symbol 12X1072, 17 $20,000,000 is hereby rescinded: Provided, That no 18 amounts may be rescinded from amounts that were des19 ignated by Congress as an emergency requirement or for 20 disaster relief requirement pursuant to a Concurrent Res21 olution on the Budget or the Balanced Budget and Emer22 gency Deficit Control Act of 1985. 23 SEC. 743. In carrying out subsection (h) of section 24 502 of the Housing Act of 1949 (42 U.S.C. 1472), the 25 Secretary of Agriculture shall have the same authority December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 97 1 with respect to loans guaranteed under such section and 2 eligible lenders for such loans as the Secretary has under 3 subsections (h) and (j) of section 538 of such Act (42 4 U.S.C. 1490p–2) with respect to loans guaranteed under 5 such section 538 and eligible lenders for such loans. 6 SEC. 744. There is hereby appropriated $8,000,000, 7 to remain available until expended, to carry out section 8 6407 of the Farm Security and Rural Investment Act of 9 2002 (7 U.S.C. 8107a): Provided, That the Secretary 10 launch the program authorized by this section during the 11 2016 fiscal year and that it be carried out through the 12 Rural Utilities Service: Provided further, That, within 60 13 days of enactment of this Act, the Secretary shall provide 14 a report to the Committees on Appropriations of both 15 Houses of Congress on how the Rural Utilities Service will 16 implement section 6407 during the 2016 fiscal year. 17 SEC. 745. Of the unobligated balances of appropria- 18 tions in Public Law 108–199, Public Law 109–234, and 19 Public Law 110–28 made available for the ‘‘Emergency 20 Watershed Protection Program’’, $2,400,000 shall be 21 available for the purposes of such program for any dis22 aster occurring fiscal year 2016 or fiscal year 2017, and 23 shall remain available until expended. 24 SEC. 746. None of the funds made available by this 25 Act may be used to propose, promulgate, or implement December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 98 1 any rule, or take any other action with respect to, allowing 2 or requiring information intended for a prescribing health 3 care professional, in the case of a drug or biological prod4 uct subject to section 503(b)(1) of the Federal Food, 5 Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to be dis6 tributed to such professional electronically (in lieu of in 7 paper form) unless and until a Federal law is enacted to 8 allow or require such distribution. 9 SEC. 747. None of the funds made available by this 10 Act may be used to implement, administer, or enforce the 11 final rule entitled ‘‘Food Labeling; Nutrition Labeling of 12 Standard Menu Items in Restaurants and Similar Retail 13 Food Establishments’’ published by the Food and Drug 14 Administration in the Federal Register on December 1, 15 2014 (79 Fed. Reg. 71156 et seq.) until the later of— 16 (1) December 1, 2016; or 17 (2) the date that is one year after the date on 18 which the Secretary of Health and Human Services 19 publishes Level 1 guidance with respect to nutrition 20 labeling of standard menu items in restaurants and 21 similar retail food establishments in accordance with 22 paragraphs 23 (g)(1)(iv) of section 10.115 of title 21, Code of Fed- 24 eral Regulations. December 16, 2015 (1:04 a.m.) (g)(1)(i), (g)(1)(ii), (g)(1)(iii), and U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 99 1 SEC. 748. In addition to funds appropriated in this 2 Act, there is hereby appropriated $250,000,000, to remain 3 available until expended, under the heading ‘‘Food for 4 Peace Title II Grants’’: Provided, That the funds made 5 available under this section shall be used for the purposes 6 set forth in the Food for Peace Act for both emergency 7 and non-emergency purposes: Provided further, That the 8 funds made available by this section used for emergency 9 programs may be prioritized to respond to emergency food 10 needs involving conflict in the Middle East and to address 11 other urgent food needs around the world: Provided fur12 ther, That of the funds made available under this section, 13 $20,000,000 shall be used to reimburse the Commodity 14 Credit Corporation for the release of eligible commodities 15 under section 302(f)(2)(A) of the Bill Emerson Humani16 tarian Trust Act (7 U.S.C. 1736f–1). 17 SEC. 749. None of the funds made available by this 18 Act may be used to notify a sponsor or otherwise acknowl19 edge receipt of a submission for an exemption for inves20 tigational use of a drug or biological product under section 21 505(i) of the Federal Food, Drug, and Cosmetic Act (21 22 U.S.C. 355(i)) or section 351(a)(3) of the Public Health 23 Service Act (42 U.S.C. 262(a)(3)) in research in which 24 a human embryo is intentionally created or modified to 25 include a heritable genetic modification. Any such submis- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 100 1 sion shall be deemed to have not been received by the Sec2 retary, and the exemption may not go into effect. 3 SEC. 750. None of the funds made available by this 4 or any other Act may be used to implement or enforce 5 any provision of the FDA Food Safety Modernization Act 6 (Public Law 111–353), including the amendments made 7 thereby, with respect to the regulation of the distribution, 8 sale, or receipt of dried spent grain byproducts of the alco9 holic beverage production process, irrespective of whether 10 such byproducts are solely intended for use as animal feed. 11 SEC. 751. (a) Of the unobligated balances from 12 amounts made available in fiscal year 2015 for the supple13 mental nutrition program as authorized by section 17 of 14 the Child Nutrition Act of 1966 (42 U.S.C. 1786), 15 $220,000,000 are hereby rescinded. 16 (b) In addition to amounts provided elsewhere in this 17 Act, there is hereby appropriated for ‘‘Special Supple18 mental Nutrition Program for Women, Infants, and Chil19 dren’’, $220,000,000, to remain available until expended, 20 for management information systems, including WIC elec21 tronic benefit transfer systems and activities. 22 SEC. 752. (a) The Secretary of Agriculture shall— 23 (1) within 4 months of the date of enactment 24 of this Act, establish a prioritization process for 25 APHIS to conduct audits or reviews of countries or December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 101 1 regions that have received animal health status rec- 2 ognitions by APHIS and provide a description of 3 this process to the Committee on Appropriations of 4 the House, Committee on Appropriations of the Sen- 5 ate, Committee on Agriculture of the House, and 6 Committee on Agriculture, Nutrition, and Forestry 7 of the Senate; 8 (2) conduct audits in a manner that evaluates 9 the following factors in the country or region being 10 audited, as applicable: 11 (A) veterinary control and oversight; 12 (B) disease history and vaccination prac- 13 tices; 14 (C) 15 traceability; 16 17 livestock demographics and (D) epidemiological separation from potential sources of infection; 18 (E) surveillance practices; 19 (F) diagnostic laboratory capabilities; and 20 (G) emergency preparedness and response. 21 (3) promptly make publicly available the final 22 reports of any audits or reviews conducted pursuant 23 to subsection (2); and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 102 1 (b) This section shall be applied in a manner con- 2 sistent with United States obligations under its inter3 national trade agreements. 4 SEC. 753. None of the funds made available by this 5 Act may be used to carry out any activities or incur any 6 expense related to the issuance of licenses under section 7 3 of the Animal Welfare Act (7 U.S.C. 2133), or the re8 newal of such licenses, to class B dealers who sell dogs 9 and cats for use in research, experiments, teaching, or 10 testing. 11 SEC. 754. No partially hydrogenated oils as defined 12 in the order published by the Food and Drug Administra13 tion in the Federal Register on June 17, 2015 (80 Fed. 14 Reg. 34650 et seq.) shall be deemed unsafe within the 15 meaning of section 409(a) and no food that is introduced 16 or delivered for introduction into interstate commerce that 17 bears or contains a partially hydrogenated oil shall be 18 deemed adulterated under sections 402(a)(1) or 19 402(a)(2)(C)(i) by virtue of bearing or containing a par20 tially hydrogenated oil until the compliance date as speci21 fied in such order (June 18, 2018). 22 SEC. 755. Notwithstanding any other provision of 23 law— 24 (1) the Secretary of Agriculture shall implement sec- 25 tion 12106 of the Agricultural Act of 2014 and the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 103 1 amendments made by such section (21 U.S.C. 601 note; 2 Public Law 113–79), including any regulation or guidance 3 the Secretary of Agriculture issues to carry out such sec4 tion or the amendments made by such section; and 5 (2) the Secretary of Health and Human Services 6 shall implement section 403(t) of the Federal Food, Drug, 7 and Cosmetic Act (21 U.S.C. 343(t)), including any regu8 lation or guidance the Secretary of Health and Human 9 Services issues to carry out such section. 10 SEC. 756. There is hereby appropriated $600,000 for 11 the purposes of section 727 of division A of Public Law 12 112–55. 13 SEC. 757. In addition to amounts otherwise made 14 available by this Act and notwithstanding the last sentence 15 of 16 U.S.C. 1310, there is appropriated $4,000,000, to 16 remain available until expended, to implement non-renew17 able agreements on eligible lands, including flooded agri18 cultural lands, as determined by the Secretary, under the 19 Water Bank Act (16 U.S.C. 1301–1311). 20 SEC. 758. The Secretary shall set aside for Rural 21 Economic Area Partnership (REAP) Zones, until August 22 15, 2016, an amount of funds made available in title III 23 under the headings of Rural Housing Insurance Fund 24 Program Account, Mutual and Self-Help Housing Grants, 25 Rural Housing Assistance Grants, Rural Community Fa- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 104 1 cilities Program Account, Rural Business Program Ac2 count, Rural Development Loan Fund Program Account, 3 and Rural Water and Waste Disposal Program Account, 4 equal to the amount obligated in REAP Zones with re5 spect to funds provided under such headings in the most 6 recent fiscal year any such funds were obligated under 7 such headings for REAP Zones. 8 SEC. 759. (a) Section 281 of the Agricultural Mar- 9 keting Act of 1946 (7 U.S.C. 1638) is amended— 10 (1) by striking paragraphs (1) and (7); 11 (2) by redesignating paragraphs (2), (3), (4), 12 (5), (6), (8), and (9) as paragraphs (1), (2), (3), 13 (4), (5), (6), and (7), respectively; and 14 (3) in paragraph (1)(A) (as so redesignated)— 15 (A) in clause (i), by striking ‘‘beef,’’ and ‘‘, 16 17 18 19 pork,’’; and (B) in clause (ii), by striking ‘‘ground beef,’’ and ‘‘, ground pork,’’. (b) Section 282 of the Agricultural Marketing Act of 20 1946 (7 U.S.C. 1638a) is amended— 21 22 23 December 16, 2015 (1:04 a.m.) (1) in subsection (a)(2)— (A) in the heading, by striking ‘‘BEEF,’’ and ‘‘PORK,’’; U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 105 1 (B) by striking ‘‘beef,’’ and ‘‘pork,’’ each 2 place it appears in subparagraphs (A), (B), (C), 3 and (D); and 4 (C) in subparagraph (E)— 5 (i) in the heading, by striking ‘‘BEEF, 6 PORK,’’; 7 and (ii) by striking ‘‘ground beef, ground 8 pork,’’ each place it appears; and 9 (2) in subsection (f)(2)— 10 (A) by striking subparagraphs (B) and 11 (C); and 12 (B) by redesignating subparagraphs (D) 13 and (E) as subparagraphs (B) and (C), respec- 14 tively. 15 SEC. 760. The Secretary of Agriculture and the Sec- 16 retary’s designees are hereby granted the same access to 17 information and subject to the same requirements applica18 ble to the Secretary of Housing and Urban Development 19 as provided in section 453(j) of the Social Security Act 20 (42 U.S.C. 653(j)) and section 6103(l)(7)(D)(ix) of the 21 Internal Revenue Code of 1986 (26 U.S.C. 22 6103(l)(7)(D)(ix)) to verify the income for individuals par23 ticipating in sections 502, 504, 521, and 542 of the Hous24 ing Act of 1949 (42 U.S.C. 1472, 1474, 1490a, and 25 1490r). December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 106 1 SEC. 761. (a) During fiscal year 2016, the Food and 2 Drug Administration (FDA) shall not allow the introduc3 tion or delivery for introduction into interstate commerce 4 of any food that contains genetically engineered salmon 5 until FDA publishes final labeling guidelines for informing 6 consumers of such content; and 7 (b) Of the amounts made available to the Food and 8 Drug Administration, Salaries and Expenses, not less 9 than $150,000 shall be used to develop labeling guidelines 10 and implement a program to disclose to consumers wheth11 er salmon offered for sale to consumers is a genetically 12 engineered variety. 13 SEC. 762. The Secretary may charge a fee for lenders 14 to access Department loan guarantee systems in connec15 tion with such lenders’ participation in loan guarantee 16 programs of the Rural Housing Service: Provided, That 17 the funds collected from such fees shall be made available 18 to the Secretary without further appropriation and such 19 funds shall be deposited into the Rural Development Sala20 ries and Expense Account and shall remain available until 21 expended for obligation and expenditure by the Secretary 22 for administrative expenses of the Rural Housing Service 23 Loan Guarantee Program in addition to other available 24 funds: Provided further, That such fees collected shall not 25 exceed $50 per loan. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 107 1 SEC. 763. None of the funds made available by this 2 Act or any other Act may be used— 3 4 (1) in contravention of section 7606 of the Agricultural Act of 2014 (7 U.S.C. 5940); or 5 (2) to prohibit the transportation, processing, 6 sale, or use of industrial hemp that is grown or cul- 7 tivated in accordance with subsection section 7606 8 of the Agricultural Act of 2014, within or outside 9 the State in which the industrial hemp is grown or 10 cultivated. 11 SEC. 764. For an additional amount for ‘‘Animal and 12 Plant Health Inspection Service, Salaries and Expenses’’, 13 $5,500,000, to remain available until September 30, 2017, 14 for one-time control and management and associated ac15 tivities directly related to the multiple-agency response to 16 citrus greening. 17 SEC. 765. Section 529(b)(5) of the Federal Food, 18 Drug, and Cosmetic Act (21 U.S.C. 360ff(b)(5)) is 19 amended by striking ‘‘the last day’’ and all that follows 20 through the period at the end and inserting ‘‘September 21 30, 2016.’’. 22 SEC. 766. Notwithstanding any other provision of 23 law, for purposes of applying the Federal Food, Drug, and 24 Cosmetic Act (21 U.S.C. 301 et seq.)— December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 108 1 (1) the acceptable market name of Gadus 2 chalcogrammus, 3 chalcogramma, is ‘‘pollock’’; and formerly known as Theragra 4 (2) the term ‘‘Alaskan Pollock’’ or ‘‘ ‘Alaska 5 Pollock’ ’’ may be used in labeling to refer solely to 6 ‘‘pollock’’ harvested in the State waters of Alaska or 7 the exclusive economic zone (as that term is defined 8 in section 3 of the Magnuson-Stevens Fishery Con- 9 servation and Management Act (16 U.S.C. 1802)) 10 adjacent to Alaska. 11 SEC. 767. None of the funds appropriated or other- 12 wise made available by this Act shall be used to pay the 13 salaries and expenses of personnel— 14 15 (1) to inspect horses under section 3 of the Federal Meat Inspection Act (21 U.S.C. 603); 16 (2) to inspect horses under section 903 of the 17 Federal Agriculture Improvement and Reform Act of 18 1996 (7 U.S.C. 1901 note; Public Law 104–127); or 19 (3) to implement or enforce section 352.19 of 20 title 9, Code of Federal Regulations (or a successor 21 regulation). 22 This division may be cited as the ‘‘Agriculture, Rural 23 Development, Food and Drug Administration, and Re24 lated Agencies Appropriations Act, 2016’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 109 1 DIVISION B—COMMERCE, 2 SCIENCE, AND RELATED 3 APPROPRIATIONS ACT, 2016 JUSTICE, AGENCIES 4 TITLE I 5 DEPARTMENT OF COMMERCE 6 INTERNATIONAL TRADE ADMINISTRATION 7 OPERATIONS AND ADMINISTRATION 8 For necessary expenses for international trade activi- 9 ties of the Department of Commerce provided for by law, 10 and for engaging in trade promotional activities abroad, 11 including expenses of grants and cooperative agreements 12 for the purpose of promoting exports of United States 13 firms, without regard to sections 3702 and 3703 of title 14 44, United States Code; full medical coverage for depend15 ent members of immediate families of employees stationed 16 overseas and employees temporarily posted overseas; travel 17 and transportation of employees of the International 18 Trade Administration between two points abroad, without 19 regard to section 40118 of title 49, United States Code; 20 employment of citizens of the United States and aliens by 21 contract for services; rental of space abroad for periods 22 not exceeding 10 years, and expenses of alteration, repair, 23 or improvement; purchase or construction of temporary 24 demountable exhibition structures for use abroad; pay25 ment of tort claims, in the manner authorized in the first December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 110 1 paragraph of section 2672 of title 28, United States Code, 2 when such claims arise in foreign countries; not to exceed 3 $294,300 for official representation expenses abroad; pur4 chase of passenger motor vehicles for official use abroad, 5 not to exceed $45,000 per vehicle; obtaining insurance on 6 official motor vehicles; and rental of tie lines, 7 $493,000,000, to remain available until September 30, 8 2017, of which $10,000,000 is to be derived from fees to 9 be retained and used by the International Trade Adminis10 tration, notwithstanding section 3302 of title 31, United 11 States Code: Provided, That, of amounts provided under 12 this heading, not less than $16,400,000 shall be for China 13 antidumping and countervailing duty enforcement and 14 compliance activities: Provided further, That of the 15 amounts provided for the International Trade Administra16 tion under this title, $5,000,000 shall not be available for 17 obligation or expenditure until 15 days after the Undersec18 retary of Commerce for International Trade submits to 19 the Committees on Appropriations of the House of Rep20 resentatives and the Senate the report and certification 21 detailed in the explanatory statement described in section 22 4 (in the matter preceding division A of this consolidated 23 Act): Provided further, That the provisions of the first sen24 tence of section 105(f) and all of section 108(c) of the 25 Mutual Educational and Cultural Exchange Act of 1961 December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 111 1 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying 2 out these activities; and that for the purpose of this Act, 3 contributions under the provisions of the Mutual Edu4 cational and Cultural Exchange Act of 1961 shall include 5 payment for assessments for services provided as part of 6 these activities. 7 8 9 BUREAU OF INDUSTRY AND SECURITY OPERATIONS AND ADMINISTRATION For necessary expenses for export administration and 10 national security activities of the Department of Com11 merce, including costs associated with the performance of 12 export administration field activities both domestically and 13 abroad; full medical coverage for dependent members of 14 immediate families of employees stationed overseas; em15 ployment of citizens of the United States and aliens by 16 contract for services abroad; payment of tort claims, in 17 the manner authorized in the first paragraph of section 18 2672 of title 28, United States Code, when such claims 19 arise in foreign countries; not to exceed $13,500 for offi20 cial representation expenses abroad; awards of compensa21 tion to informers under the Export Administration Act of 22 1979, and as authorized by section 1(b) of the Act of June 23 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); and purchase 24 of passenger motor vehicles for official use and motor vehi25 cles for law enforcement use with special requirement vehi- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 112 1 cles eligible for purchase without regard to any price limi2 tation otherwise established by law, $112,500,000, to re3 main available until expended: Provided, That the provi4 sions of the first sentence of section 105(f) and all of sec5 tion 108(c) of the Mutual Educational and Cultural Ex6 change Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall 7 apply in carrying out these activities: Provided further, 8 That payments and contributions collected and accepted 9 for materials or services provided as part of such activities 10 may be retained for use in covering the cost of such activi11 ties, and for providing information to the public with re12 spect to the export administration and national security 13 activities of the Department of Commerce and other ex14 port control programs of the United States and other gov15 ernments. 16 ECONOMIC DEVELOPMENT ADMINISTRATION 17 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS 18 For grants for economic development assistance as 19 provided by the Public Works and Economic Development 20 Act of 1965, for trade adjustment assistance, and for 21 grants authorized by section 27 of the Stevenson-Wydler 22 Technology Innovation Act of 1980 (15 U.S.C. 3722), 23 $222,000,000, to remain available until expended, of 24 which $15,000,000 shall be for grants under such section 25 27. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 113 1 2 SALARIES AND EXPENSES For necessary expenses of administering the eco- 3 nomic development assistance programs as provided for by 4 law, $39,000,000: Provided, That these funds may be used 5 to monitor projects approved pursuant to title I of the 6 Public Works Employment Act of 1976, title II of the 7 Trade Act of 1974, section 27 of the Stevenson-Wydler 8 Technology Innovation Act of 1980 (15 U.S.C. 3722), and 9 the Community Emergency Drought Relief Act of 1977. 10 MINORITY BUSINESS DEVELOPMENT AGENCY 11 MINORITY BUSINESS DEVELOPMENT 12 For necessary expenses of the Department of Com- 13 merce in fostering, promoting, and developing minority 14 business enterprise, including expenses of grants, con15 tracts, and other agreements with public or private organi16 zations, $32,000,000. 17 18 19 ECONOMIC AND STATISTICAL ANALYSIS SALARIES AND EXPENSES For necessary expenses, as authorized by law, of eco- 20 nomic and statistical analysis programs of the Department 21 of Commerce, $109,000,000, to remain available until 22 September 30, 2017. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 114 1 2 3 BUREAU OF THE CENSUS CURRENT SURVEYS AND PROGRAMS For necessary expenses for collecting, compiling, ana- 4 lyzing, preparing and publishing statistics, provided for by 5 law, $270,000,000: Provided, That, from amounts pro6 vided herein, funds may be used for promotion, outreach, 7 and marketing activities: Provided further, That the Bu8 reau of the Census shall collect and analyze data for the 9 Annual Social and Economic Supplement to the Current 10 Population Survey using the same health insurance ques11 tions included in previous years, in addition to the revised 12 questions implemented in the Current Population Survey 13 beginning in February 2014. 14 PERIODIC CENSUSES AND PROGRAMS 15 (INCLUDING TRANSFER OF FUNDS) 16 For necessary expenses for collecting, compiling, ana- 17 lyzing, preparing and publishing statistics for periodic cen18 suses and programs provided for by law, $1,100,000,000, 19 to remain available until September 30, 2017: Provided, 20 That, from amounts provided herein, funds may be used 21 for promotion, outreach, and marketing activities: Pro22 vided further, That within the amounts appropriated, 23 $1,551,000 shall be transferred to the ‘‘Office of Inspector 24 General’’ account for activities associated with carrying 25 out investigations and audits related to the Bureau of the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 115 1 Census: Provided further, That not more than 50 percent 2 of the amounts made available under this heading for in3 formation technology related to 2020 census delivery, in4 cluding the Census Enterprise Data Collection and Proc5 essing (CEDCaP) program, may be obligated until the 6 Secretary submits to the Committees on Appropriations 7 of the House of Representatives and the Senate a plan 8 for expenditure that: (1) identifies for each CEDCaP 9 project/investment over $25,000: (A) the functional and 10 performance capabilities to be delivered and the mission 11 benefits to be realized; (B) the estimated lifecycle cost, in12 cluding estimates for development as well as maintenance 13 and operations; and (C) key milestones to be met; (2) de14 tails for each project/investment: (A) reasons for any cost 15 and schedule variances; and (B) top risks and mitigation 16 strategies; and (3) has been submitted to the Government 17 Accountability Office. 18 NATIONAL TELECOMMUNICATIONS AND INFORMATION 19 ADMINISTRATION 20 SALARIES AND EXPENSES 21 For necessary expenses, as provided for by law, of 22 the National Telecommunications and Information Ad23 ministration (NTIA), $39,500,000, to remain available 24 until September 30, 2017: Provided, That, notwith25 standing 31 U.S.C. 1535(d), the Secretary of Commerce December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 116 1 shall charge Federal agencies for costs incurred in spec2 trum management, analysis, operations, and related serv3 ices, and such fees shall be retained and used as offsetting 4 collections for costs of such spectrum services, to remain 5 available until expended: Provided further, That the Sec6 retary of Commerce is authorized to retain and use as off7 setting collections all funds transferred, or previously 8 transferred, from other Government agencies for all costs 9 incurred in telecommunications research, engineering, and 10 related activities by the Institute for Telecommunication 11 Sciences of NTIA, in furtherance of its assigned functions 12 under this paragraph, and such funds received from other 13 Government agencies shall remain available until ex14 pended. 15 PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING 16 AND CONSTRUCTION 17 For the administration of prior-year grants, recov- 18 eries and unobligated balances of funds previously appro19 priated are available for the administration of all open 20 grants until their expiration. 21 UNITED STATES PATENT AND TRADEMARK OFFICE 22 SALARIES AND EXPENSES 23 (INCLUDING TRANSFERS OF FUNDS) 24 For necessary expenses of the United States Patent 25 and Trademark Office (USPTO) provided for by law, in- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 117 1 cluding defense of suits instituted against the Under Sec2 retary of Commerce for Intellectual Property and Director 3 of the USPTO, $3,272,000,000, to remain available until 4 expended: Provided, That the sum herein appropriated 5 from the general fund shall be reduced as offsetting collec6 tions of fees and surcharges assessed and collected by the 7 USPTO under any law are received during fiscal year 8 2016, so as to result in a fiscal year 2016 appropriation 9 from the general fund estimated at $0: Provided further, 10 That during fiscal year 2016, should the total amount of 11 such offsetting collections be less than $3,272,000,000 12 this amount shall be reduced accordingly: Provided fur13 ther, That any amount received in excess of 14 $3,272,000,000 in fiscal year 2016 and deposited in the 15 Patent and Trademark Fee Reserve Fund shall remain 16 available until expended: Provided further, That the Direc17 tor of USPTO shall submit a spending plan to the Com18 mittees on Appropriations of the House of Representatives 19 and the Senate for any amounts made available by the 20 preceding proviso and such spending plan shall be treated 21 as a reprogramming under section 505 of this Act and 22 shall not be available for obligation or expenditure except 23 in compliance with the procedures set forth in that section: 24 Provided further, That any amounts reprogrammed in ac25 cordance with the preceding proviso shall be transferred December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 118 1 to the United States Patent and Trademark Office ‘‘Sala2 ries and Expenses’’ account: Provided further, That from 3 amounts provided herein, not to exceed $900 shall be 4 made available in fiscal year 2016 for official reception 5 and representation expenses: Provided further, That in fis6 cal year 2016 from the amounts made available for ‘‘Sala7 ries and Expenses’’ for the USPTO, the amounts nec8 essary to pay (1) the difference between the percentage 9 of basic pay contributed by the USPTO and employees 10 under section 8334(a) of title 5, United States Code, and 11 the normal cost percentage (as defined by section 12 8331(17) of that title) as provided by the Office of Per13 sonnel Management (OPM) for USPTO’s specific use, of 14 basic pay, of employees subject to subchapter III of chap15 ter 83 of that title, and (2) the present value of the other16 wise unfunded accruing costs, as determined by OPM for 17 USPTO’s specific use of post-retirement life insurance 18 and post-retirement health benefits coverage for all 19 USPTO employees who are enrolled in Federal Employees 20 Health Benefits (FEHB) and Federal Employees Group 21 Life Insurance (FEGLI), shall be transferred to the Civil 22 Service Retirement and Disability Fund, the FEGLI 23 Fund, and the FEHB Fund, as appropriate, and shall be 24 available for the authorized purposes of those accounts: 25 Provided further, That any differences between the present December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 119 1 value factors published in OPM’s yearly 300 series benefit 2 letters and the factors that OPM provides for USPTO’s 3 specific use shall be recognized as an imputed cost on 4 USPTO’s financial statements, where applicable: Provided 5 further, That, notwithstanding any other provision of law, 6 all fees and surcharges assessed and collected by USPTO 7 are available for USPTO only pursuant to section 42(c) 8 of title 35, United States Code, as amended by section 9 22 of the Leahy-Smith America Invents Act (Public Law 10 112–29): Provided further, That within the amounts ap11 propriated, $2,000,000 shall be transferred to the ‘‘Office 12 of Inspector General’’ account for activities associated 13 with carrying out investigations and audits related to the 14 USPTO. 15 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 16 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES 17 (INCLUDING TRANSFER OF FUNDS) 18 For necessary expenses of the National Institute of 19 Standards and Technology (NIST), $690,000,000, to re20 main available until expended, of which not to exceed 21 $9,000,000 may be transferred to the ‘‘Working Capital 22 Fund’’: Provided, That not to exceed $5,000 shall be for 23 official reception and representation expenses: Provided 24 further, That NIST may provide local transportation for December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 120 1 summer undergraduate research fellowship program par2 ticipants. 3 4 INDUSTRIAL TECHNOLOGY SERVICES For necessary expenses for industrial technology 5 services, $155,000,000, to remain available until ex6 pended, of which $130,000,000 shall be for the Hollings 7 Manufacturing Extension Partnership, and of which 8 $25,000,000 shall be for the National Network for Manu9 facturing Innovation. 10 11 CONSTRUCTION OF RESEARCH FACILITIES For construction of new research facilities, including 12 architectural and engineering design, and for renovation 13 and maintenance of existing facilities, not otherwise pro14 vided for the National Institute of Standards and Tech15 nology, as authorized by sections 13 through 15 of the 16 National Institute of Standards and Technology Act (15 17 U.S.C. 278c–278e), $119,000,000, to remain available 18 until expended: Provided, That the Secretary of Commerce 19 shall include in the budget justification materials that the 20 Secretary submits to Congress in support of the Depart21 ment of Commerce budget (as submitted with the budget 22 of the President under section 1105(a) of title 31, United 23 States Code) an estimate for each National Institute of 24 Standards and Technology construction project having a 25 total multi-year program cost of more than $5,000,000, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 121 1 and simultaneously the budget justification materials shall 2 include an estimate of the budgetary requirements for 3 each such project for each of the 5 subsequent fiscal years. 4 NATIONAL OCEANIC AND ATMOSPHERIC 5 ADMINISTRATION 6 OPERATIONS, RESEARCH, AND FACILITIES 7 (INCLUDING TRANSFER OF FUNDS) 8 For necessary expenses of activities authorized by law 9 for the National Oceanic and Atmospheric Administration, 10 including maintenance, operation, and hire of aircraft and 11 vessels; grants, contracts, or other payments to nonprofit 12 organizations for the purposes of conducting activities 13 pursuant to cooperative agreements; and relocation of fa14 cilities, $3,305,813,000, to remain available until Sep15 tember 30, 2017, except that funds provided for coopera16 tive enforcement shall remain available until September 17 30, 2018: Provided, That fees and donations received by 18 the National Ocean Service for the management of na19 tional marine sanctuaries may be retained and used for 20 the salaries and expenses associated with those activities, 21 notwithstanding section 3302 of title 31, United States 22 Code: Provided further, That in addition, $130,164,000 23 shall be derived by transfer from the fund entitled ‘‘Pro24 mote and Develop Fishery Products and Research Per25 taining to American Fisheries’’, which shall only be used December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 122 1 for fishery activities related to the Saltonstall-Kennedy 2 Grant Program, Cooperative Research, Annual Stock As3 sessments, Survey and Monitoring Projects, Interjurisdic4 tional Fisheries Grants, and Fish Information Networks: 5 Provided further, That of the $3,453,477,000 provided for 6 in direct obligations under this heading, $3,305,813,000 7 is appropriated from the general fund, $130,164,000 is 8 provided by transfer and $17,500,000 is derived from re9 coveries of prior year obligations: Provided further, That 10 the total amount available for National Oceanic and At11 mospheric Administration corporate services administra12 tive support costs shall not exceed $226,300,000: Provided 13 further, That any deviation from the amounts designated 14 for specific activities in the explanatory statement de15 scribed in section 4 (in the matter preceding division A 16 of this consolidated Act), or any use of deobligated bal17 ances of funds provided under this heading in previous 18 years, shall be subject to the procedures set forth in sec19 tion 505 of this Act: Provided further, That in addition, 20 for necessary retired pay expenses under the Retired Serv21 iceman’s Family Protection and Survivor Benefits Plan, 22 and for payments for the medical care of retired personnel 23 and their dependents under the Dependents Medical Care 24 Act (10 U.S.C. 55), such sums as may be necessary. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 123 1 PROCUREMENT, ACQUISITION AND CONSTRUCTION 2 (INCLUDING TRANSFER OF FUNDS) 3 For procurement, acquisition and construction of 4 capital assets, including alteration and modification costs, 5 of the National Oceanic and Atmospheric Administration, 6 $2,400,416,000, to remain available until September 30, 7 2018, except that funds provided for acquisition and con8 struction of vessels and construction of facilities shall re9 main available until expended: Provided, That of the 10 $2,413,416,000 provided for in direct obligations under 11 this heading, $2,400,416,000 is appropriated from the 12 general fund and $13,000,000 is provided from recoveries 13 of prior year obligations: Provided further, That any devi14 ation from the amounts designated for specific activities 15 in the explanatory statement described in section 4 (in the 16 matter preceding division A of this consolidated Act), or 17 any use of deobligated balances of funds provided under 18 this heading in previous years, shall be subject to the pro19 cedures set forth in section 505 of this Act: Provided fur20 ther, That the Secretary of Commerce shall include in 21 budget justification materials that the Secretary submits 22 to Congress in support of the Department of Commerce 23 budget (as submitted with the budget of the President 24 under section 1105(a) of title 31, United States Code) an 25 estimate for each National Oceanic and Atmospheric Ad- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 124 1 ministration procurement, acquisition or construction 2 project having a total of more than $5,000,000 and simul3 taneously the budget justification shall include an estimate 4 of the budgetary requirements for each such project for 5 each of the 5 subsequent fiscal years: Provided further, 6 That within the amounts appropriated, $80,050,000 shall 7 not be available for obligation or expenditure until 15 days 8 after the Under Secretary of Commerce for Oceans and 9 Atmosphere submits to the Committees on Appropriations 10 of the House of Representatives and the Senate a fleet 11 modernization and recapitalization plan: Provided further, 12 That, within the amounts appropriated, $1,302,000 shall 13 be transferred to the ‘‘Office of Inspector General’’ ac14 count for activities associated with carrying out investiga15 tions and audits related to satellite procurement, acquisi16 tion and construction. 17 18 PACIFIC COASTAL SALMON RECOVERY For necessary expenses associated with the restora- 19 tion of Pacific salmon populations, $65,000,000, to re20 main available until September 30, 2017: Provided, That, 21 of the funds provided herein, the Secretary of Commerce 22 may issue grants to the States of Washington, Oregon, 23 Idaho, Nevada, California, and Alaska, and to the Feder24 ally recognized tribes of the Columbia River and Pacific 25 Coast (including Alaska), for projects necessary for con- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 125 1 servation of salmon and steelhead populations that are 2 listed as threatened or endangered, or that are identified 3 by a State as at-risk to be so listed, for maintaining popu4 lations necessary for exercise of tribal treaty fishing rights 5 or native subsistence fishing, or for conservation of Pacific 6 coastal salmon and steelhead habitat, based on guidelines 7 to be developed by the Secretary of Commerce: Provided 8 further, That all funds shall be allocated based on sci9 entific and other merit principles and shall not be available 10 for marketing activities: Provided further, That funds dis11 bursed to States shall be subject to a matching require12 ment of funds or documented in-kind contributions of at 13 least 33 percent of the Federal funds. 14 15 FISHERMEN’S CONTINGENCY FUND For carrying out the provisions of title IV of Public 16 Law 95–372, not to exceed $350,000, to be derived from 17 receipts collected pursuant to that Act, to remain available 18 until expended. 19 20 FISHERIES FINANCE PROGRAM ACCOUNT Subject to section 502 of the Congressional Budget 21 Act of 1974, during fiscal year 2016, obligations of direct 22 loans may not exceed $24,000,000 for Individual Fishing 23 Quota loans and not to exceed $100,000,000 for tradi24 tional direct loans as authorized by the Merchant Marine 25 Act of 1936. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 126 1 DEPARTMENTAL MANAGEMENT 2 SALARIES AND EXPENSES 3 For necessary expenses for the management of the 4 Department of Commerce provided for by law, including 5 not to exceed $4,500 for official reception and representa6 tion, $58,000,000: Provided, That within amounts pro7 vided, the Secretary of Commerce may use up to 8 $2,500,000 to engage in activities to provide businesses 9 and communities with information about and referrals to 10 relevant Federal, State, and local government programs. 11 RENOVATION AND MODERNIZATION 12 For necessary expenses for the renovation and mod- 13 ernization of Department of Commerce facilities, 14 $19,062,000, to remain available until expended. 15 OFFICE OF INSPECTOR GENERAL 16 For necessary expenses of the Office of Inspector 17 General in carrying out the provisions of the Inspector 18 General Act of 1978 (5 U.S.C. App.), $32,000,000. 19 GENERAL PROVISIONS—DEPARTMENT 20 21 OF COMMERCE (INCLUDING TRANSFER OF FUNDS) SEC. 101. During the current fiscal year, applicable 22 appropriations and funds made available to the Depart23 ment of Commerce by this Act shall be available for the 24 activities specified in the Act of October 26, 1949 (15 25 U.S.C. 1514), to the extent and in the manner prescribed December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 127 1 by the Act, and, notwithstanding 31 U.S.C. 3324, may 2 be used for advanced payments not otherwise authorized 3 only upon the certification of officials designated by the 4 Secretary of Commerce that such payments are in the 5 public interest. 6 SEC. 102. During the current fiscal year, appropria- 7 tions made available to the Department of Commerce by 8 this Act for salaries and expenses shall be available for 9 hire of passenger motor vehicles as authorized by 31 10 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 11 3109; and uniforms or allowances therefor, as authorized 12 by law (5 U.S.C. 5901–5902). 13 SEC. 103. Not to exceed 5 percent of any appropria- 14 tion made available for the current fiscal year for the De15 partment of Commerce in this Act may be transferred be16 tween such appropriations, but no such appropriation shall 17 be increased by more than 10 percent by any such trans18 fers: Provided, That any transfer pursuant to this section 19 shall be treated as a reprogramming of funds under sec20 tion 505 of this Act and shall not be available for obliga21 tion or expenditure except in compliance with the proce22 dures set forth in that section: Provided further, That the 23 Secretary of Commerce shall notify the Committees on Ap24 propriations at least 15 days in advance of the acquisition 25 or disposal of any capital asset (including land, structures, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 128 1 and equipment) not specifically provided for in this Act 2 or any other law appropriating funds for the Department 3 of Commerce. 4 SEC. 104. The requirements set forth by section 105 5 of the Commerce, Justice, Science, and Related Agencies 6 Appropriations Act, 2012 (Public Law 112–55), as 7 amended by section 105 of title I of division B of Public 8 Law 113–6, are hereby adopted by reference and made 9 applicable with respect to fiscal year 2016: Provided, That 10 the life cycle cost for the Joint Polar Satellite System is 11 $11,322,125,000 and the life cycle cost for the Geo12 stationary Operational Environmental Satellite R-Series 13 Program is $10,828,059,000. 14 SEC. 105. Notwithstanding any other provision of 15 law, the Secretary may furnish services (including but not 16 limited to utilities, telecommunications, and security serv17 ices) necessary to support the operation, maintenance, and 18 improvement of space that persons, firms, or organizations 19 are authorized, pursuant to the Public Buildings Coopera20 tive Use Act of 1976 or other authority, to use or occupy 21 in the Herbert C. Hoover Building, Washington, DC, or 22 other buildings, the maintenance, operation, and protec23 tion of which has been delegated to the Secretary from 24 the Administrator of General Services pursuant to the 25 Federal Property and Administrative Services Act of 1949 December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 129 1 on a reimbursable or non-reimbursable basis. Amounts re2 ceived as reimbursement for services provided under this 3 section or the authority under which the use or occupancy 4 of the space is authorized, up to $200,000, shall be cred5 ited to the appropriation or fund which initially bears the 6 costs of such services. 7 SEC. 106. Nothing in this title shall be construed to 8 prevent a grant recipient from deterring child pornog9 raphy, copyright infringement, or any other unlawful ac10 tivity over its networks. 11 SEC. 107. The Administrator of the National Oceanic 12 and Atmospheric Administration is authorized to use, with 13 their consent, with reimbursement and subject to the lim14 its of available appropriations, the land, services, equip15 ment, personnel, and facilities of any department, agency, 16 or instrumentality of the United States, or of any State, 17 local government, Indian tribal government, Territory, or 18 possession, or of any political subdivision thereof, or of 19 any foreign government or international organization, for 20 purposes related to carrying out the responsibilities of any 21 statute administered by the National Oceanic and Atmos22 pheric Administration. 23 SEC. 108. The National Technical Information Serv- 24 ice shall not charge any customer for a copy of any report 25 or document generated by the Legislative Branch unless December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 130 1 the Service has provided information to the customer on 2 how an electronic copy of such report or document may 3 be accessed and downloaded for free online. Should a cus4 tomer still require the Service to provide a printed or dig5 ital copy of the report or document, the charge shall be 6 limited to recovering the Service’s cost of processing, re7 producing, and delivering such report or document. 8 SEC. 109. The Secretary of Commerce may waive the 9 requirement for bonds under 40 U.S.C. 3131 with respect 10 to contracts for the construction, alteration, or repair of 11 vessels, regardless of the terms of the contracts as to pay12 ment or title, when the contract is made under the Coast 13 and Geodetic Survey Act of 1947 (33 U.S.C. 883a et seq.). 14 SEC. 110. (a) None of the funds made available by 15 this Act or any other appropriations Act may be used by 16 the Secretary of Commerce for management activities pur17 suant to the Fishery Management Plan for the Reef Fish 18 Resources of the Gulf of Mexico or any amendment to 19 such Plan unless such management is conducted beyond 20 the seaward boundary of a coastal State as set out under 21 subsection (b). 22 (b) Notwithstanding any other provision of law, for 23 the purpose of carrying out activities pursuant to the 24 Fishery Management Plan for the Reef Fish Resources 25 of the Gulf of Mexico or any amendment to such Plan, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 131 1 the seaward boundary of a coastal State in the Gulf of 2 Mexico is a line 9 nautical miles seaward from the baseline 3 from which the territorial sea of the United States is 4 measured. 5 SEC. 111. To carry out the responsibilities of the Na- 6 tional Oceanic and Atmospheric Administration (NOAA), 7 the Administrator of NOAA is authorized to: (1) enter 8 into grants and cooperative agreements with; (2) use on 9 a non-reimbursable basis land, services, equipment, per10 sonnel, and facilities provided by; and (3) receive and ex11 pend funds made available on a consensual basis from: a 12 Federal agency, State or subdivision thereof, local govern13 ment, tribal government, territory, or possession or any 14 subdivisions thereof: Provided, That funds received for 15 permitting and related regulatory activities pursuant to 16 this section shall be deposited under the heading ‘‘Na17 tional Oceanic and Atmospheric Administration—Oper18 ations, Research, and Facilities’’ and shall remain avail19 able until September 30, 2018, for such purposes: Pro20 vided further, That all funds within this section and their 21 corresponding uses are subject to section 505 of this Act. 22 SEC. 112. Amounts provided by this Act or by any 23 prior appropriations Act that remain available for obliga24 tion, for necessary expenses of the programs of the Eco25 nomics and Statistics Administration of the Department December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 132 1 of Commerce, including amounts provided for programs 2 of the Bureau of Economic Analysis and the U.S. Census 3 Bureau, shall be available for expenses of cooperative 4 agreements with appropriate entities, including any Fed5 eral, State, or local governmental unit, or institution of 6 higher education, to aid and promote statistical, research, 7 and methodology activities which further the purposes for 8 which such amounts have been made available. 9 This title may be cited as the ‘‘Department of Com- 10 merce Appropriations Act, 2016’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 133 1 TITLE II 2 DEPARTMENT OF JUSTICE 3 GENERAL ADMINISTRATION 4 SALARIES AND EXPENSES 5 For expenses necessary for the administration of the 6 Department of Justice, $111,500,000, of which not to ex7 ceed $4,000,000 for security and construction of Depart8 ment of Justice facilities shall remain available until ex9 pended. 10 JUSTICE INFORMATION SHARING TECHNOLOGY 11 (INCLUDING TRANSFER OF FUNDS) 12 For necessary expenses for information sharing tech- 13 nology, including planning, development, deployment and 14 departmental direction, $31,000,000, to remain available 15 until expended: Provided, That the Attorney General may 16 transfer up to $35,400,000 to this account, from funds 17 available to the Department of Justice for information 18 technology, to remain available until expended, for enter19 prise-wide information technology initiatives: Provided fur20 ther, That the transfer authority in the preceding proviso 21 is in addition to any other transfer authority contained 22 in this Act. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 134 1 ADMINISTRATIVE REVIEW AND APPEALS 2 (INCLUDING TRANSFER OF FUNDS) 3 For expenses necessary for the administration of par- 4 don and clemency petitions and immigration-related activi5 ties, $426,791,000, of which $4,000,000 shall be derived 6 by transfer from the Executive Office for Immigration Re7 view fees deposited in the ‘‘Immigration Examinations 8 Fee’’ account: Provided, That of the amount available for 9 the Executive Office for Immigration Review, not to ex10 ceed $15,000,000 shall remain available until expended. 11 12 OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector 13 General, $93,709,000, including not to exceed $10,000 to 14 meet unforeseen emergencies of a confidential character. 15 UNITED STATES PAROLE COMMISSION 16 SALARIES AND EXPENSES 17 For necessary expenses of the United States Parole 18 Commission as authorized, $13,308,000: Provided, That, 19 notwithstanding any other provision of law, upon the expi20 ration of a term of office of a Commissioner, the Commis21 sioner may continue to act until a successor has been ap22 pointed. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 135 1 LEGAL ACTIVITIES 2 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES 3 For expenses necessary for the legal activities of the 4 Department of Justice, not otherwise provided for, includ5 ing not to exceed $20,000 for expenses of collecting evi6 dence, to be expended under the direction of, and to be 7 accounted for solely under the certificate of, the Attorney 8 General; and rent of private or Government-owned space 9 in the District of Columbia, $893,000,000, of which not 10 to exceed $20,000,000 for litigation support contracts 11 shall remain available until expended: Provided, That of 12 the amount provided for INTERPOL Washington dues 13 payments, not to exceed $685,000 shall remain available 14 until expended: Provided further, That of the total amount 15 appropriated, not to exceed $9,000 shall be available to 16 INTERPOL Washington for official reception and rep17 resentation expenses: Provided further, That notwith18 standing section 205 of this Act, upon a determination 19 by the Attorney General that emergent circumstances re20 quire additional funding for litigation activities of the Civil 21 Division, the Attorney General may transfer such amounts 22 to ‘‘Salaries and Expenses, General Legal Activities’’ from 23 available appropriations for the current fiscal year for the 24 Department of Justice, as may be necessary to respond 25 to such circumstances: Provided further, That any transfer December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 136 1 pursuant to the preceding proviso shall be treated as a 2 reprogramming under section 505 of this Act and shall 3 not be available for obligation or expenditure except in 4 compliance with the procedures set forth in that section: 5 Provided further, That of the amount appropriated, such 6 sums as may be necessary shall be available to the Civil 7 Rights Division for salaries and expenses associated with 8 the election monitoring program under section 8 of the 9 Voting Rights Act of 1965 (52 U.S.C. 10305) and to reim10 burse the Office of Personnel Management for such sala11 ries and expenses: Provided further, That of the amounts 12 provided under this heading for the election monitoring 13 program, $3,390,000 shall remain available until ex14 pended. 15 In addition, for reimbursement of expenses of the De- 16 partment of Justice associated with processing cases 17 under the National Childhood Vaccine Injury Act of 1986, 18 not to exceed $9,358,000, to be appropriated from the 19 Vaccine Injury Compensation Trust Fund. 20 SALARIES AND EXPENSES, ANTITRUST DIVISION 21 For expenses necessary for the enforcement of anti- 22 trust and kindred laws, $164,977,000, to remain available 23 until expended: Provided, That notwithstanding any other 24 provision of law, fees collected for premerger notification 25 filings under the Hart-Scott-Rodino Antitrust Improve- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 137 1 ments Act of 1976 (15 U.S.C. 18a), regardless of the year 2 of collection (and estimated to be $124,000,000 in fiscal 3 year 2016), shall be retained and used for necessary ex4 penses in this appropriation, and shall remain available 5 until expended: Provided further, That the sum herein ap6 propriated from the general fund shall be reduced as such 7 offsetting collections are received during fiscal year 2016, 8 so as to result in a final fiscal year 2016 appropriation 9 from the general fund estimated at $40,977,000. 10 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS 11 For necessary expenses of the Offices of the United 12 States Attorneys, including inter-governmental and coop13 erative agreements, $2,000,000,000: Provided, That of the 14 total amount appropriated, not to exceed $7,200 shall be 15 available for official reception and representation ex16 penses: Provided further, That not to exceed $25,000,000 17 shall remain available until expended: Provided further, 18 That each United States Attorney shall establish or par19 ticipate in a task force on human trafficking. 20 21 UNITED STATES TRUSTEE SYSTEM FUND For necessary expenses of the United States Trustee 22 Program, as authorized, $225,908,000, to remain avail23 able until expended: Provided, That, notwithstanding any 24 other provision of law, deposits to the United States 25 Trustee System Fund and amounts herein appropriated December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 138 1 shall be available in such amounts as may be necessary 2 to pay refunds due depositors: Provided further, That, not3 withstanding any other provision of law, fees collected pur4 suant to section 589a(b) of title 28, United States Code, 5 shall be retained and used for necessary expenses in this 6 appropriation and shall remain available until expended: 7 Provided further, That to the extent that fees collected in 8 fiscal year 2016, net of amounts necessary to pay refunds 9 due depositors, exceed $225,908,000, those excess 10 amounts shall be available in future fiscal years only to 11 the extent provided in advance in appropriations Acts: 12 Provided further, That the sum herein appropriated from 13 the general fund shall be reduced (1) as such fees are re14 ceived during fiscal year 2016, net of amounts necessary 15 to pay refunds due depositors, (estimated at 16 $162,400,000) and (2) to the extent that any remaining 17 general fund appropriations can be derived from amounts 18 deposited in the Fund in previous fiscal years that are not 19 otherwise appropriated, so as to result in a final fiscal year 20 2016 appropriation from the general fund estimated at $0. 21 SALARIES AND EXPENSES, FOREIGN CLAIMS 22 SETTLEMENT COMMISSION 23 For expenses necessary to carry out the activities of 24 the Foreign Claims Settlement Commission, including December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 139 1 services as authorized by section 3109 of title 5, United 2 States Code, $2,374,000. 3 FEES AND EXPENSES OF WITNESSES 4 For fees and expenses of witnesses, for expenses of 5 contracts for the procurement and supervision of expert 6 witnesses, for private counsel expenses, including ad7 vances, and for expenses of foreign counsel, $270,000,000, 8 to remain available until expended, of which not to exceed 9 $16,000,000 is for construction of buildings for protected 10 witness safesites; not to exceed $3,000,000 is for the pur11 chase and maintenance of armored and other vehicles for 12 witness security caravans; and not to exceed $13,000,000 13 is for the purchase, installation, maintenance, and up14 grade of secure telecommunications equipment and a se15 cure automated information network to store and retrieve 16 the identities and locations of protected witnesses: Pro17 vided, That amounts made available under this heading 18 may not be transferred pursuant to section 205 of this 19 Act. 20 SALARIES AND EXPENSES, COMMUNITY RELATIONS 21 SERVICE 22 (INCLUDING TRANSFER OF FUNDS) 23 For necessary expenses of the Community Relations 24 Service, $14,446,000: Provided, That notwithstanding sec25 tion 205 of this Act, upon a determination by the Attorney December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 140 1 General that emergent circumstances require additional 2 funding for conflict resolution and violence prevention ac3 tivities of the Community Relations Service, the Attorney 4 General may transfer such amounts to the Community Re5 lations Service, from available appropriations for the cur6 rent fiscal year for the Department of Justice, as may be 7 necessary to respond to such circumstances: Provided fur8 ther, That any transfer pursuant to the preceding proviso 9 shall be treated as a reprogramming under section 505 10 of this Act and shall not be available for obligation or ex11 penditure except in compliance with the procedures set 12 forth in that section. 13 14 ASSETS FORFEITURE FUND For expenses authorized by subparagraphs (B), (F), 15 and (G) of section 524(c)(1) of title 28, United States 16 Code, $20,514,000, to be derived from the Department 17 of Justice Assets Forfeiture Fund. 18 UNITED STATES MARSHALS SERVICE 19 SALARIES AND EXPENSES 20 For necessary expenses of the United States Mar- 21 shals Service, $1,230,581,000, of which not to exceed 22 $6,000 shall be available for official reception and rep23 resentation expenses, and not to exceed $15,000,000 shall 24 remain available until expended. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 141 1 2 CONSTRUCTION For construction in space controlled, occupied or uti- 3 lized by the United States Marshals Service for prisoner 4 holding and related support, $15,000,000, to remain avail5 able until expended. 6 FEDERAL PRISONER DETENTION 7 (INCLUDING TRANSFER OF FUNDS) 8 For necessary expenses related to United States pris- 9 oners in the custody of the United States Marshals Service 10 as authorized by section 4013 of title 18, United States 11 Code, $1,454,414,000, to remain available until expended: 12 Provided, That not to exceed $20,000,000 shall be consid13 ered ‘‘funds appropriated for State and local law enforce14 ment assistance’’ pursuant to section 4013(b) of title 18, 15 United States Code: Provided further, That the United 16 States Marshals Service shall be responsible for managing 17 the Justice Prisoner and Alien Transportation System: 18 Provided further, That any unobligated balances available 19 from funds appropriated under the heading ‘‘General Ad20 ministration, Detention Trustee’’ shall be transferred to 21 and merged with the appropriation under this heading. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 142 1 NATIONAL SECURITY DIVISION 2 SALARIES AND EXPENSES 3 (INCLUDING TRANSFER OF FUNDS) 4 For expenses necessary to carry out the activities of 5 the National Security Division, $95,000,000, of which not 6 to exceed $5,000,000 for information technology systems 7 shall remain available until expended: Provided, That not8 withstanding section 205 of this Act, upon a determina9 tion by the Attorney General that emergent circumstances 10 require additional funding for the activities of the National 11 Security Division, the Attorney General may transfer such 12 amounts to this heading from available appropriations for 13 the current fiscal year for the Department of Justice, as 14 may be necessary to respond to such circumstances: Pro15 vided further, That any transfer pursuant to the preceding 16 proviso shall be treated as a reprogramming under section 17 505 of this Act and shall not be available for obligation 18 or expenditure except in compliance with the procedures 19 set forth in that section. 20 INTERAGENCY LAW ENFORCEMENT 21 INTERAGENCY CRIME AND DRUG ENFORCEMENT 22 For necessary expenses for the identification, inves- 23 tigation, and prosecution of individuals associated with the 24 most significant drug trafficking and affiliated money 25 laundering organizations not otherwise provided for, to in- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 143 1 clude inter-governmental agreements with State and local 2 law enforcement agencies engaged in the investigation and 3 prosecution of individuals involved in organized crime drug 4 trafficking, $512,000,000, of which $50,000,000 shall re5 main available until expended: Provided, That any 6 amounts obligated from appropriations under this heading 7 may be used under authorities available to the organiza8 tions reimbursed from this appropriation. 9 FEDERAL BUREAU 10 11 OF INVESTIGATION SALARIES AND EXPENSES For necessary expenses of the Federal Bureau of In- 12 vestigation for detection, investigation, and prosecution of 13 crimes against the United States, $8,489,786,000, of 14 which not to exceed $216,900,000 shall remain available 15 until expended: Provided, That not to exceed $184,500 16 shall be available for official reception and representation 17 expenses. 18 19 CONSTRUCTION For necessary expenses, to include the cost of equip- 20 ment, furniture, and information technology requirements, 21 related to construction or acquisition of buildings, facili22 ties and sites by purchase, or as otherwise authorized by 23 law; conversion, modification and extension of federally 24 owned buildings; and preliminary planning and design of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 144 1 projects; $308,982,000, to remain available until ex2 pended. 3 DRUG ENFORCEMENT ADMINISTRATION 4 SALARIES AND EXPENSES 5 For necessary expenses of the Drug Enforcement Ad- 6 ministration, including not to exceed $70,000 to meet un7 foreseen emergencies of a confidential character pursuant 8 to section 530C of title 28, United States Code; and ex9 penses for conducting drug education and training pro10 grams, including travel and related expenses for partici11 pants in such programs and the distribution of items of 12 token value that promote the goals of such programs, 13 $2,080,000,000, of which not to exceed $75,000,000 shall 14 remain available until expended and not to exceed $90,000 15 shall be available for official reception and representation 16 expenses. 17 BUREAU OF ALCOHOL, TOBACCO, FIREARMS 18 EXPLOSIVES 19 SALARIES AND EXPENSES 20 AND For necessary expenses of the Bureau of Alcohol, To- 21 bacco, Firearms and Explosives, for training of State and 22 local law enforcement agencies with or without reimburse23 ment, including training in connection with the training 24 and acquisition of canines for explosives and fire 25 accelerants detection; and for provision of laboratory as- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 145 1 sistance to State and local law enforcement agencies, with 2 or without reimbursement, $1,240,000,000, of which not 3 to exceed $36,000 shall be for official reception and rep4 resentation expenses, not to exceed $1,000,000 shall be 5 available for the payment of attorneys’ fees as provided 6 by section 924(d)(2) of title 18, United States Code, and 7 not to exceed $20,000,000 shall remain available until ex8 pended: Provided, That none of the funds appropriated 9 herein shall be available to investigate or act upon applica10 tions for relief from Federal firearms disabilities under 11 section 925(c) of title 18, United States Code: Provided 12 further, That such funds shall be available to investigate 13 and act upon applications filed by corporations for relief 14 from Federal firearms disabilities under section 925(c) of 15 title 18, United States Code: Provided further, That no 16 funds made available by this or any other Act may be used 17 to transfer the functions, missions, or activities of the Bu18 reau of Alcohol, Tobacco, Firearms and Explosives to 19 other agencies or Departments. 20 FEDERAL PRISON SYSTEM 21 SALARIES AND EXPENSES 22 (INCLUDING TRANSFER OF FUNDS) 23 For necessary expenses of the Federal Prison System 24 for the administration, operation, and maintenance of 25 Federal penal and correctional institutions, and for the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 146 1 provision of technical assistance and advice on corrections 2 related issues to foreign governments, $6,948,500,000: 3 Provided, That the Attorney General may transfer to the 4 Department of Health and Human Services such amounts 5 as may be necessary for direct expenditures by that De6 partment for medical relief for inmates of Federal penal 7 and correctional institutions: Provided further, That the 8 Director of the Federal Prison System, where necessary, 9 may enter into contracts with a fiscal agent or fiscal inter10 mediary claims processor to determine the amounts pay11 able to persons who, on behalf of the Federal Prison Sys12 tem, furnish health services to individuals committed to 13 the custody of the Federal Prison System: Provided fur14 ther, That not to exceed $5,400 shall be available for offi15 cial reception and representation expenses: Provided fur16 ther, That not to exceed $50,000,000 shall remain avail17 able for necessary operations until September 30, 2017: 18 Provided further, That, of the amounts provided for con19 tract confinement, not to exceed $20,000,000 shall remain 20 available until expended to make payments in advance for 21 grants, contracts and reimbursable agreements, and other 22 expenses: Provided further, That the Director of the Fed23 eral Prison System may accept donated property and serv24 ices relating to the operation of the prison card program 25 from a not-for-profit entity which has operated such pro- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 147 1 gram in the past, notwithstanding the fact that such not2 for-profit entity furnishes services under contracts to the 3 Federal Prison System relating to the operation of pre4 release services, halfway houses, or other custodial facili5 ties. 6 7 BUILDINGS AND FACILITIES For planning, acquisition of sites and construction of 8 new facilities; purchase and acquisition of facilities and re9 modeling, and equipping of such facilities for penal and 10 correctional use, including all necessary expenses incident 11 thereto, by contract or force account; and constructing, 12 remodeling, and equipping necessary buildings and facili13 ties at existing penal and correctional institutions, includ14 ing all necessary expenses incident thereto, by contract or 15 force account, $530,000,000, to remain available until ex16 pended, of which $444,000,000 shall be available only for 17 costs related to construction of new facilities: Provided, 18 That labor of United States prisoners may be used for 19 work performed under this appropriation. 20 21 FEDERAL PRISON INDUSTRIES, INCORPORATED The Federal Prison Industries, Incorporated, is here- 22 by authorized to make such expenditures within the limits 23 of funds and borrowing authority available, and in accord 24 with the law, and to make such contracts and commit25 ments without regard to fiscal year limitations as provided December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 148 1 by section 9104 of title 31, United States Code, as may 2 be necessary in carrying out the program set forth in the 3 budget for the current fiscal year for such corporation. 4 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL 5 PRISON INDUSTRIES, INCORPORATED 6 Not to exceed $2,700,000 of the funds of the Federal 7 Prison Industries, Incorporated, shall be available for its 8 administrative expenses, and for services as authorized by 9 section 3109 of title 5, United States Code, to be com10 puted on an accrual basis to be determined in accordance 11 with the corporation’s current prescribed accounting sys12 tem, and such amounts shall be exclusive of depreciation, 13 payment of claims, and expenditures which such account14 ing system requires to be capitalized or charged to cost 15 of commodities acquired or produced, including selling and 16 shipping expenses, and expenses in connection with acqui17 sition, construction, operation, maintenance, improvement, 18 protection, or disposition of facilities and other property 19 belonging to the corporation or in which it has an interest. 20 STATE 21 AND LOCAL LAW ENFORCEMENT ACTIVITIES OFFICE ON VIOLENCE AGAINST WOMEN 22 VIOLENCE AGAINST WOMEN PREVENTION AND 23 PROSECUTION PROGRAMS 24 For grants, contracts, cooperative agreements, and 25 other assistance for the prevention and prosecution of vio- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 149 1 lence against women, as authorized by the Omnibus Crime 2 Control and Safe Streets Act of 1968 (42 U.S.C. 3711 3 et seq.) (‘‘the 1968 Act’’); the Violent Crime Control and 4 Law Enforcement Act of 1994 (Public Law 103–322) 5 (‘‘the 1994 Act’’); the Victims of Child Abuse Act of 1990 6 (Public Law 101–647) (‘‘the 1990 Act’’); the Prosecu7 torial Remedies and Other Tools to end the Exploitation 8 of Children Today Act of 2003 (Public Law 108–21); the 9 Juvenile Justice and Delinquency Prevention Act of 1974 10 (42 U.S.C. 5601 et seq.) (‘‘the 1974 Act’’); the Victims 11 of Trafficking and Violence Protection Act of 2000 (Public 12 Law 106–386) (‘‘the 2000 Act’’); the Violence Against 13 Women and Department of Justice Reauthorization Act 14 of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); the Vio15 lence Against Women Reauthorization Act of 2013 (Public 16 Law 113–4) (‘‘the 2013 Act’’); and the Rape Survivor 17 Child Custody Act of 2015 (Public Law 114–22) (‘‘the 18 2015 Act’’); and for related victims services, 19 $480,000,000, to remain available until expended, of 20 which $379,000,000 shall be derived by transfer from 21 amounts available for obligation in this Act from the Fund 22 established by section 1402 of chapter XIV of title II of 23 Public Law 98–473 (42 U.S.C. 10601), notwithstanding 24 section 1402(d) of such Act of 1984, and merged with the 25 amounts otherwise made available under this heading: December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 150 1 Provided, That except as otherwise provided by law, not 2 to exceed 5 percent of funds made available under this 3 heading may be used for expenses related to evaluation, 4 training, and technical assistance: Provided further, That 5 of the amount provided— 6 (1) $215,000,000 is for grants to combat vio- 7 lence against women, as authorized by part T of the 8 1968 Act; 9 (2) $30,000,000 is for transitional housing as- 10 sistance grants for victims of domestic violence, dat- 11 ing violence, stalking, or sexual assault as authorized 12 by section 40299 of the 1994 Act; 13 (3) $5,000,000 is for the National Institute of 14 Justice for research and evaluation of violence 15 against women and related issues addressed by 16 grant programs of the Office on Violence Against 17 Women, which shall be transferred to ‘‘Research, 18 Evaluation and Statistics’’ for administration by the 19 Office of Justice Programs; 20 (4) $11,000,000 is for a grant program to pro- 21 vide services to advocate for and respond to youth 22 victims of domestic violence, dating violence, sexual 23 assault, and stalking; assistance to children and 24 youth exposed to such violence; programs to engage 25 men and youth in preventing such violence; and as- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 151 1 sistance to middle and high school students through 2 education and other services related to such violence: 3 Provided, That unobligated balances available for 4 the programs authorized by sections 41201, 41204, 5 41303, and 41305 of the 1994 Act, prior to its 6 amendment by the 2013 Act, shall be available for 7 this program: Provided further, That 10 percent of 8 the total amount available for this grant program 9 shall be available for grants under the program au- 10 thorized by section 2015 of the 1968 Act: Provided 11 further, That the definitions and grant conditions in 12 section 40002 of the 1994 Act shall apply to this 13 program; 14 (5) $51,000,000 is for grants to encourage ar- 15 rest policies as authorized by part U of the 1968 16 Act, of which $4,000,000 is for a homicide reduction 17 initiative; 18 (6) $35,000,000 is for sexual assault victims 19 assistance, as authorized by section 41601 of the 20 1994 Act; 21 (7) $34,000,000 is for rural domestic violence 22 and child abuse enforcement assistance grants, as 23 authorized by section 40295 of the 1994 Act; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 152 1 (8) $20,000,000 is for grants to reduce violent 2 crimes against women on campus, as authorized by 3 section 304 of the 2005 Act; 4 (9) $45,000,000 is for legal assistance for vic- 5 tims, as authorized by section 1201 of the 2000 Act; 6 (10) $5,000,000 is for enhanced training and 7 services to end violence against and abuse of women 8 in later life, as authorized by section 40802 of the 9 1994 Act; 10 (11) $16,000,000 is for grants to support fami- 11 lies in the justice system, as authorized by section 12 1301 of the 2000 Act: Provided, That unobligated 13 balances available for the programs authorized by 14 section 1301 of the 2000 Act and section 41002 of 15 the 1994 Act, prior to their amendment by the 2013 16 Act, shall be available for this program; 17 (12) $6,000,000 is for education and training 18 to end violence against and abuse of women with 19 disabilities, as authorized by section 1402 of the 20 2000 Act; 21 (13) $500,000 is for the National Resource 22 Center on Workplace Responses to assist victims of 23 domestic violence, as authorized by section 41501 of 24 the 1994 Act; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 153 1 (14) $1,000,000 is for analysis and research on 2 violence against Indian women, including as author- 3 ized by section 904 of the 2005 Act: Provided, That 4 such funds may be transferred to ‘‘Research, Eval- 5 uation and Statistics’’ for administration by the Of- 6 fice of Justice Programs; 7 (15) $500,000 is for a national clearinghouse 8 that provides training and technical assistance on 9 issues relating to sexual assault of American Indian 10 and Alaska Native women; 11 (16) $2,500,000 is for grants to assist tribal 12 governments in exercising special domestic violence 13 criminal jurisdiction, as authorized by section 904 of 14 the 2013 Act: Provided, That the grant conditions in 15 section 40002(b) of the 1994 Act shall apply to this 16 program; and 17 18 19 20 21 (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 22 other assistance authorized by title I of the Omnibus 23 Crime Control and Safe Streets Act of 1968 (‘‘the 1968 24 Act’’); the Juvenile Justice and Delinquency Prevention 25 Act of 1974 (‘‘the 1974 Act’’); the Missing Children’s As- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 154 1 sistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial 2 Remedies and Other Tools to end the Exploitation of Chil3 dren Today Act of 2003 (Public Law 108–21); the Justice 4 for All Act of 2004 (Public Law 108–405); the Violence 5 Against Women and Department of Justice Reauthoriza6 tion Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); 7 the Victims of Child Abuse Act of 1990 (Public Law 101– 8 647); the Second Chance Act of 2007 (Public Law 110– 9 199); the Victims of Crime Act of 1984 (Public Law 98– 10 473); the Adam Walsh Child Protection and Safety Act 11 of 2006 (Public Law 109–248) (‘‘the Adam Walsh Act’’); 12 the PROTECT Our Children Act of 2008 (Public Law 13 110–401); subtitle D of title II of the Homeland Security 14 Act of 2002 (Public Law 107–296) (‘‘the 2002 Act’’); the 15 NICS Improvement Amendments Act of 2007 (Public 16 Law 110–180); the Violence Against Women Reauthoriza17 tion Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); 18 and other programs, $116,000,000, to remain available 19 until expended, of which— 20 (1) $41,000,000 is for criminal justice statistics 21 programs, and other activities, as authorized by part 22 C of title I of the 1968 Act; 23 (2) $36,000,000 is for research, development, 24 and evaluation programs, and other activities as au- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 155 1 thorized by part B of title I of the 1968 Act and 2 subtitle D of title II of the 2002 Act; 3 (3) $35,000,000 is for regional information 4 sharing activities, as authorized by part M of title I 5 of the 1968 Act; and 6 (4) $4,000,000 is for activities to strengthen 7 and enhance the practice of forensic sciences, of 8 which $3,000,000 is for transfer to the National In- 9 stitute of Standards and Technology to support Sci- 10 11 entific Area Committees. STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE 12 For grants, contracts, cooperative agreements, and 13 other assistance authorized by the Violent Crime Control 14 and Law Enforcement Act of 1994 (Public Law 103–322) 15 (‘‘the 1994 Act’’); the Omnibus Crime Control and Safe 16 Streets Act of 1968 (‘‘the 1968 Act’’); the Justice for All 17 Act of 2004 (Public Law 108–405); the Victims of Child 18 Abuse Act of 1990 (Public Law 101–647) (‘‘the 1990 19 Act’’); the Trafficking Victims Protection Reauthorization 20 Act of 2005 (Public Law 109–164); the Violence Against 21 Women and Department of Justice Reauthorization Act 22 of 2005 (Public Law 109–162) (‘‘the 2005 Act’’); the 23 Adam Walsh Child Protection and Safety Act of 2006 24 (Public Law 109–248) (‘‘the Adam Walsh Act’’); the Vic25 tims of Trafficking and Violence Protection Act of 2000 December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 156 1 (Public Law 106–386); the NICS Improvement Amend2 ments Act of 2007 (Public Law 110–180); subtitle D of 3 title II of the Homeland Security Act of 2002 (Public Law 4 107–296) (‘‘the 2002 Act’’); the Second Chance Act of 5 2007 (Public Law 110–199); the Prioritizing Resources 6 and Organization for Intellectual Property Act of 2008 7 (Public Law 110–403); the Victims of Crime Act of 1984 8 (Public Law 98–473); the Mentally Ill Offender Treat9 ment and Crime Reduction Reauthorization and Improve10 ment Act of 2008 (Public Law 110–416); the Violence 11 Against Women Reauthorization Act of 2013 (Public Law 12 113–4) (‘‘the 2013 Act’’); and other programs, 13 $1,408,500,000, to remain available until expended as fol14 lows— 15 (1) $476,000,000 for the Edward Byrne Memo- 16 rial Justice Assistance Grant program as authorized 17 by subpart 1 of part E of title I of the 1968 Act 18 (except that section 1001(c), and the special rules 19 for Puerto Rico under section 505(g) of title I of the 20 1968 Act shall not apply for purposes of this Act), 21 of 22 $15,000,000 is for an Officer Robert Wilson III me- 23 morial initiative on Preventing Violence Against Law 24 Enforcement Officer Resilience and Survivability 25 (VALOR), $4,000,000 is for use by the National In- December 16, 2015 (1:04 a.m.) which, notwithstanding such subpart 1, U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 157 1 stitute of Justice for research targeted toward devel- 2 oping a better understanding of the domestic 3 radicalization phenomenon, and advancing evidence- 4 based strategies for effective intervention and pre- 5 vention, $5,000,000 is for an initiative to support 6 evidence-based policing, $2,500,000 is for an initia- 7 tive 8 $100,000,000 is for grants for law enforcement ac- 9 tivities associated with the presidential nominating to enhance prosecutorial decision-making, 10 conventions, 11 operationalization, maintenance and expansion of the 12 National Missing and Unidentified Persons System; 13 (2) $210,000,000 for the State Criminal Alien 14 Assistance Program, as authorized by section 15 241(i)(5) of the Immigration and Nationality Act (8 16 U.S.C. 1231(i)(5)): Provided, That no jurisdiction 17 shall request compensation for any cost greater than 18 the actual cost for Federal immigration and other 19 detainees housed in State and local detention facili- 20 ties; and $2,400,000 is for the 21 (3) $45,000,000 for victim services programs 22 for victims of trafficking, as authorized by section 23 107(b)(2) of Public Law 106–386, for programs au- 24 thorized under Public Law 109–164, or programs 25 authorized under Public Law 113–4; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 158 1 (4) $42,000,000 for Drug Courts, as authorized 2 by section 1001(a)(25)(A) of title I of the 1968 Act; 3 (5) $10,000,000 for mental health courts and 4 adult and juvenile collaboration program grants, as 5 authorized by parts V and HH of title I of the 1968 6 Act, and the Mentally Ill Offender Treatment and 7 Crime Reduction Reauthorization and Improvement 8 Act of 2008 (Public Law 110–416); 9 (6) $12,000,000 for grants for Residential Sub- 10 stance Abuse Treatment for State Prisoners, as au- 11 thorized by part S of title I of the 1968 Act; 12 (7) $2,500,000 for the Capital Litigation Im- 13 provement Grant Program, as authorized by section 14 426 of Public Law 108–405, and for grants for 15 wrongful conviction review; 16 (8) $13,000,000 for economic, high technology 17 and Internet crime prevention grants, including as 18 authorized by section 401 of Public Law 110–403; 19 (9) $2,000,000 for a student loan repayment 20 assistance program pursuant to section 952 of Pub- 21 lic Law 110–315; 22 (10) $20,000,000 for sex offender management 23 assistance, as authorized by the Adam Walsh Act, 24 and related activities; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 159 1 2 (11) $8,000,000 for an initiative relating to children exposed to violence; 3 (12) $22,500,000 for the matching grant pro- 4 gram for law enforcement armor vests, as authorized 5 by section 2501 of title I of the 1968 Act: Provided, 6 That $1,500,000 is transferred directly to the Na- 7 tional Institute of Standards and Technology’s Of- 8 fice of Law Enforcement Standards for research, 9 testing and evaluation programs; 10 11 (13) $1,000,000 for the National Sex Offender Public Website; 12 (14) $6,500,000 for competitive and evidence- 13 based programs to reduce gun crime and gang vio- 14 lence; 15 (15) $73,000,000 for grants to States to up- 16 grade criminal and mental health records for the 17 National Instant Criminal Background Check Sys- 18 tem, of which no less than $25,000,000 shall be for 19 grants made under the authorities of the NICS Im- 20 provement Amendments Act of 2007 (Public Law 21 110–180); 22 (16) $13,500,000 for Paul Coverdell Forensic 23 Sciences Improvement Grants under part BB of title 24 I of the 1968 Act; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 160 1 2 (17) $125,000,000 for DNA-related and forensic programs and activities, of which— 3 (A) $117,000,000 is for a DNA analysis 4 and capacity enhancement program and for 5 other local, State, and Federal forensic activi- 6 ties, including the purposes authorized under 7 section 2 of the DNA Analysis Backlog Elimi- 8 nation Act of 2000 (Public Law 106–546) (the 9 Debbie Smith DNA Backlog Grant Program): 10 Provided, That up to 4 percent of funds made 11 available under this paragraph may be used for 12 the purposes described in the DNA Training 13 and Education for Law Enforcement, Correc- 14 tional Personnel, and Court Officers program 15 (Public Law 108–405, section 303); 16 (B) $4,000,000 is for the purposes de- 17 scribed in the Kirk Bloodsworth Post-Convic- 18 tion DNA Testing Program (Public Law 108– 19 405, section 412); and 20 (C) $4,000,000 is for Sexual Assault Fo- 21 rensic Exam Program grants, including as au- 22 thorized by section 304 of Public Law 108–405; 23 (18) $45,000,000 for a grant program for com- 24 December 16, 2015 (1:04 a.m.) munity-based sexual assault response reform; U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 161 1 (19) $9,000,000 for the court-appointed special 2 advocate program, as authorized by section 217 of 3 the 1990 Act; 4 5 (20) $30,000,000 for assistance to Indian tribes; 6 (21) $68,000,000 for offender reentry programs 7 and research, as authorized by the Second Chance 8 Act of 2007 (Public Law 110–199), without regard 9 to the time limitations specified at section 6(1) of 10 such Act, of which not to exceed $6,000,000 is for 11 a program to improve State, local, and tribal proba- 12 tion or parole supervision efforts and strategies, 13 $5,000,000 is for Children of Incarcerated Parents 14 Demonstrations to enhance and maintain parental 15 and family relationships for incarcerated parents as 16 a reentry or recidivism reduction strategy, and 17 $4,000,000 is for additional replication sites employ- 18 ing the Project HOPE Opportunity Probation with 19 Enforcement model implementing swift and certain 20 sanctions in probation, and for a research project on 21 the effectiveness of the model: Provided, That up to 22 $7,500,000 of funds made available in this para- 23 graph may be used for performance-based awards 24 for Pay for Success projects, of which up to 25 $5,000,000 shall be for Pay for Success programs December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 162 1 implementing the Permanent Supportive Housing 2 Model; 3 4 (22) $6,000,000 for a veterans treatment courts program; 5 (23) $13,000,000 for a program to monitor 6 prescription drugs and scheduled listed chemical 7 products; 8 (24) $10,500,000 for prison rape prevention 9 and prosecution grants to States and units of local 10 government, and other programs, as authorized by 11 the Prison Rape Elimination Act of 2003 (Public 12 Law 108–79); 13 (25) $75,000,000 for the Comprehensive School 14 Safety Initiative: Provided, That section 213 of this 15 Act shall not apply with respect to the amount made 16 available in this paragraph; and 17 (26) $70,000,000 for initiatives to improve po- 18 lice-community relations, of which $22,500,000 is 19 for a competitive matching grant program for pur- 20 chases of body-worn cameras for State, local and 21 tribal law enforcement, $27,500,000 is for a justice 22 reinvestment initiative, for activities related to crimi- 23 nal 24 $5,000,000 is for research and statistics on body- 25 worn cameras and community trust issues, and December 16, 2015 (1:04 a.m.) justice reform and recidivism reduction, U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 163 1 $15,000,000 is for an Edward Byrne Memorial 2 criminal justice innovation program: 3 Provided, That, if a unit of local government uses any of 4 the funds made available under this heading to increase 5 the number of law enforcement officers, the unit of local 6 government will achieve a net gain in the number of law 7 enforcement officers who perform non-administrative pub8 lic sector safety service. 9 10 JUVENILE JUSTICE PROGRAMS For grants, contracts, cooperative agreements, and 11 other assistance authorized by the Juvenile Justice and 12 Delinquency Prevention Act of 1974 (‘‘the 1974 Act’’); the 13 Omnibus Crime Control and Safe Streets Act of 1968 14 (‘‘the 1968 Act’’); the Violence Against Women and De15 partment of Justice Reauthorization Act of 2005 (Public 16 Law 109–162) (‘‘the 2005 Act’’); the Missing Children’s 17 Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial 18 Remedies and Other Tools to end the Exploitation of Chil19 dren Today Act of 2003 (Public Law 108–21); the Victims 20 of Child Abuse Act of 1990 (Public Law 101–647) (‘‘the 21 1990 Act’’); the Adam Walsh Child Protection and Safety 22 Act of 2006 (Public Law 109–248) (‘‘the Adam Walsh 23 Act’’); the PROTECT Our Children Act of 2008 (Public 24 Law 110–401); the Violence Against Women Reauthoriza25 tion Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 164 1 and other juvenile justice programs, $270,160,000, to re2 main available until expended as follows— 3 (1) $58,000,000 for programs authorized by 4 section 221 of the 1974 Act, and for training and 5 technical assistance to assist small, nonprofit organi- 6 zations with the Federal grants process: Provided, 7 That of the amounts provided under this paragraph, 8 $500,000 shall be for a competitive demonstration 9 grant program to support emergency planning 10 among State, local and tribal juvenile justice resi- 11 dential facilities; 12 (2) $90,000,000 for youth mentoring grants; 13 (3) $17,500,000 for delinquency prevention, as 14 authorized by section 505 of the 1974 Act, of which, 15 pursuant to sections 261 and 262 thereof— 16 17 (A) $10,000,000 shall be for the Tribal Youth Program; 18 (B) $5,000,000 shall be for gang and 19 youth violence education, prevention and inter- 20 vention, and related activities; 21 (C) $500,000 shall be for an Internet site 22 providing information and resources on children 23 of incarcerated parents; and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 165 1 (D) $2,000,000 shall be for competitive 2 grants focusing on girls in the juvenile justice 3 system; 4 (4) $20,000,000 for programs authorized by 5 the Victims of Child Abuse Act of 1990; 6 (5) $8,000,000 for community-based violence 7 prevention initiatives, including for public health ap- 8 proaches to reducing shootings and violence; 9 (6) $72,160,000 for missing and exploited chil- 10 dren programs, including as authorized by sections 11 404(b) and 405(a) of the 1974 Act (except that sec- 12 tion 102(b)(4)(B) of the PROTECT Our Children 13 Act of 2008 (Public Law 110–401) shall not apply 14 for purposes of this Act); 15 (7) $2,000,000 for child abuse training pro- 16 grams for judicial personnel and practitioners, as 17 authorized by section 222 of the 1990 Act; and 18 19 (8) $2,500,000 for a program to improve juvenile indigent defense: 20 Provided, That not more than 10 percent of each amount 21 may be used for research, evaluation, and statistics activi22 ties designed to benefit the programs or activities author23 ized: Provided further, That not more than 2 percent of 24 the amounts designated under paragraphs (1) through (4) 25 and (7) may be used for training and technical assistance: December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 166 1 Provided further, That the two preceding provisos shall not 2 apply to grants and projects administered pursuant to sec3 tions 261 and 262 of the 1974 Act and to missing and 4 exploited children programs. 5 PUBLIC SAFETY OFFICER BENEFITS 6 (INCLUDING TRANSFER OF FUNDS) 7 For payments and expenses authorized under section 8 1001(a)(4) of title I of the Omnibus Crime Control and 9 Safe Streets Act of 1968, such sums as are necessary (in10 cluding amounts for administrative costs), to remain avail11 able until expended; and $16,300,000 for payments au12 thorized by section 1201(b) of such Act and for edu13 cational assistance authorized by section 1218 of such Act, 14 to remain available until expended: Provided, That not15 withstanding section 205 of this Act, upon a determina16 tion by the Attorney General that emergent circumstances 17 require additional funding for such disability and edu18 cation payments, the Attorney General may transfer such 19 amounts to ‘‘Public Safety Officer Benefits’’ from avail20 able appropriations for the Department of Justice as may 21 be necessary to respond to such circumstances: Provided 22 further, That any transfer pursuant to the preceding pro23 viso shall be treated as a reprogramming under section 24 505 of this Act and shall not be available for obligation December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 167 1 or expenditure except in compliance with the procedures 2 set forth in that section. 3 COMMUNITY ORIENTED POLICING SERVICES 4 COMMUNITY ORIENTED POLICING SERVICES PROGRAMS 5 (INCLUDING TRANSFER OF FUNDS) 6 For activities authorized by the Violent Crime Con- 7 trol and Law Enforcement Act of 1994 (Public Law 103– 8 322); the Omnibus Crime Control and Safe Streets Act 9 of 1968 (‘‘the 1968 Act’’); and the Violence Against 10 Women and Department of Justice Reauthorization Act 11 of 2005 (Public Law 109–162) (‘‘the 2005 Act’’), 12 $212,000,000, to remain available until expended: Pro13 vided, That any balances made available through prior 14 year deobligations shall only be available in accordance 15 with section 505 of this Act: Provided further, That of the 16 amount provided under this heading— 17 (1) $11,000,000 is for anti-methamphetamine- 18 related activities, which shall be transferred to the 19 Drug Enforcement Administration upon enactment 20 of this Act; 21 (2) $187,000,000 is for grants under section 22 1701 of title I of the 1968 Act (42 U.S.C. 3796dd) 23 for the hiring and rehiring of additional career law 24 enforcement officers under part Q of such title not- 25 withstanding subsection (i) of such section: Pro- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 168 1 vided, That, notwithstanding section 1704(c) of such 2 title (42 U.S.C. 3796dd–3(c)), funding for hiring or 3 rehiring a career law enforcement officer may not 4 exceed $125,000 unless the Director of the Office of 5 Community Oriented Policing Services grants a 6 waiver from this limitation: Provided further, That 7 within the amounts appropriated under this para- 8 graph, $30,000,000 is for improving tribal law en- 9 forcement, including hiring, equipment, training, and 10 anti-methamphetamine activities: Provided further, 11 That of the amounts appropriated under this para- 12 graph, $10,000,000 is for community policing devel- 13 opment activities in furtherance of the purposes in 14 section 1701: Provided further, That within the 15 amounts 16 $10,000,000 is for the collaborative reform model of 17 technical assistance in furtherance of the purposes 18 in section 1701; appropriated under this paragraph, 19 (3) $7,000,000 is for competitive grants to 20 State law enforcement agencies in States with high 21 seizures of precursor chemicals, finished meth- 22 amphetamine, laboratories, and laboratory dump sei- 23 zures: Provided, That funds appropriated under this 24 paragraph shall be utilized for investigative purposes 25 to locate or investigate illicit activities, including December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 169 1 precursor diversion, laboratories, or methamphet- 2 amine traffickers; and 3 (4) $7,000,000 is for competitive grants to 4 statewide law enforcement agencies in States with 5 high rates of primary treatment admissions for her- 6 oin and other opioids: Provided, That these funds 7 shall be utilized for investigative purposes to locate 8 or investigate illicit activities, including activities re- 9 lated to the distribution of heroin or unlawful dis- 10 tribution of prescription opioids, or unlawful heroin 11 and prescription opioid traffickers through statewide 12 collaboration. 13 GENERAL PROVISIONS—DEPARTMENT 14 15 OF JUSTICE (INCLUDING TRANSFER OF FUNDS) SEC. 201. In addition to amounts otherwise made 16 available in this title for official reception and representa17 tion expenses, a total of not to exceed $50,000 from funds 18 appropriated to the Department of Justice in this title 19 shall be available to the Attorney General for official re20 ception and representation expenses. 21 SEC. 202. None of the funds appropriated by this 22 title shall be available to pay for an abortion, except where 23 the life of the mother would be endangered if the fetus 24 were carried to term, or in the case of rape or incest: Pro25 vided, That should this prohibition be declared unconstitu- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 170 1 tional by a court of competent jurisdiction, this section 2 shall be null and void. 3 SEC. 203. None of the funds appropriated under this 4 title shall be used to require any person to perform, or 5 facilitate in any way the performance of, any abortion. 6 SEC. 204. Nothing in the preceding section shall re- 7 move the obligation of the Director of the Bureau of Pris8 ons to provide escort services necessary for a female in9 mate to receive such service outside the Federal facility: 10 Provided, That nothing in this section in any way dimin11 ishes the effect of section 203 intended to address the phil12 osophical beliefs of individual employees of the Bureau of 13 Prisons. 14 SEC. 205. Not to exceed 5 percent of any appropria- 15 tion made available for the current fiscal year for the De16 partment of Justice in this Act may be transferred be17 tween such appropriations, but no such appropriation, ex18 cept as otherwise specifically provided, shall be increased 19 by more than 10 percent by any such transfers: Provided, 20 That any transfer pursuant to this section shall be treated 21 as a reprogramming of funds under section 505 of this 22 Act and shall not be available for obligation except in com23 pliance with the procedures set forth in that section. 24 SEC. 206. Funds appropriated by this or any other 25 Act, with respect to any fiscal year, under the heading December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 171 1 ‘‘Bureau of Alcohol, Tobacco, Firearms and Explosives, 2 Salaries and Expenses’’ shall be available for retention pay 3 for any employee who would otherwise be subject to a re4 duction in pay upon termination of the Bureau’s Per5 sonnel Management Demonstration Project (as trans6 ferred to the Attorney General by section 1115 of the 7 Homeland Security Act of 2002, Public Law 107–296 (28 8 U.S.C. 599B)): Provided, That such retention pay shall 9 comply with section 5363 of title 5, United States Code, 10 and related Office of Personnel Management regulations, 11 except as provided in this section: Provided further, That 12 such retention pay shall be paid at the employee’s rate 13 of pay immediately prior to the termination of the dem14 onstration project and shall not be subject to the limita15 tion set forth in section 5304(g)(1) of title 5, United 16 States Code, and related regulations. 17 SEC. 207. None of the funds made available under 18 this title may be used by the Federal Bureau of Prisons 19 or the United States Marshals Service for the purpose of 20 transporting an individual who is a prisoner pursuant to 21 conviction for crime under State or Federal law and is 22 classified as a maximum or high security prisoner, other 23 than to a prison or other facility certified by the Federal 24 Bureau of Prisons as appropriately secure for housing 25 such a prisoner. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 172 1 SEC. 208. (a) None of the funds appropriated by this 2 Act may be used by Federal prisons to purchase cable tele3 vision services, or to rent or purchase audiovisual or elec4 tronic media or equipment used primarily for recreational 5 purposes. 6 (b) Subsection (a) does not preclude the rental, main- 7 tenance, or purchase of audiovisual or electronic media or 8 equipment for inmate training, religious, or educational 9 programs. 10 SEC. 209. None of the funds made available under 11 this title shall be obligated or expended for any new or 12 enhanced information technology program having total es13 timated development costs in excess of $100,000,000, un14 less the Deputy Attorney General and the investment re15 view board certify to the Committees on Appropriations 16 of the House of Representatives and the Senate that the 17 information technology program has appropriate program 18 management controls and contractor oversight mecha19 nisms in place, and that the program is compatible with 20 the enterprise architecture of the Department of Justice. 21 SEC. 210. The notification thresholds and procedures 22 set forth in section 505 of this Act shall apply to devi23 ations from the amounts designated for specific activities 24 in this Act and in the explanatory statement described in 25 section 4 (in the matter preceding division A of this con- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 173 1 solidated Act), and to any use of deobligated balances of 2 funds provided under this title in previous years. 3 SEC. 211. None of the funds appropriated by this Act 4 may be used to plan for, begin, continue, finish, process, 5 or approve a public-private competition under the Office 6 of Management and Budget Circular A–76 or any suc7 cessor administrative regulation, directive, or policy for 8 work performed by employees of the Bureau of Prisons 9 or of Federal Prison Industries, Incorporated. 10 SEC. 212. Notwithstanding any other provision of 11 law, no funds shall be available for the salary, benefits, 12 or expenses of any United States Attorney assigned dual 13 or additional responsibilities by the Attorney General or 14 his designee that exempt that United States Attorney 15 from the residency requirements of section 545 of title 28, 16 United States Code. 17 SEC. 213. At the discretion of the Attorney General, 18 and in addition to any amounts that otherwise may be 19 available (or authorized to be made available) by law, with 20 respect to funds appropriated by this title under the head21 ings ‘‘Research, Evaluation and Statistics’’, ‘‘State and 22 Local Law Enforcement Assistance’’, and ‘‘Juvenile Jus23 tice Programs’’— 24 (1) up to 3 percent of funds made available to 25 the Office of Justice Programs for grant or reim- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 174 1 bursement programs may be used by such Office to 2 provide training and technical assistance; and 3 (2) up to 2 percent of funds made available for 4 grant or reimbursement programs under such head- 5 ings, except for amounts appropriated specifically for 6 research, evaluation, or statistical programs adminis- 7 tered by the National Institute of Justice and the 8 Bureau of Justice Statistics, shall be transferred to 9 and merged with funds provided to the National In- 10 stitute of Justice and the Bureau of Justice Statis- 11 tics, to be used by them for research, evaluation, or 12 statistical purposes, without regard to the authoriza- 13 tions for such grant or reimbursement programs. 14 SEC. 214. Upon request by a grantee for whom the 15 Attorney General has determined there is a fiscal hard16 ship, the Attorney General may, with respect to funds ap17 propriated in this or any other Act making appropriations 18 for fiscal years 2013 through 2016 for the following pro19 grams, waive the following requirements: 20 (1) For the adult and juvenile offender State 21 and local reentry demonstration projects under part 22 FF of title I of the Omnibus Crime Control and 23 Safe Streets Act of 1968 (42 U.S.C. 3797w(g)(1)), 24 the requirements under section 2976(g)(1) of such 25 part. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 175 1 (2) For State, Tribal, and local reentry courts 2 under part FF of title I of such Act of 1968 (42 3 U.S.C. 3797w–2(e)(1) and (2)), the requirements 4 under section 2978(e)(1) and (2) of such part. 5 (3) For the prosecution drug treatment alter- 6 natives to prison program under part CC of title I 7 of such Act of 1968 (42 U.S.C. 3797q–3), the re- 8 quirements under section 2904 of such part. 9 (4) For grants to protect inmates and safe- 10 guard communities as authorized by section 6 of the 11 Prison Rape Elimination Act of 2003 (42 U.S.C. 12 15605(c)(3)), the requirements of section 6(c)(3) of 13 such Act. 14 SEC. 215. Notwithstanding any other provision of 15 law, section 20109(a) of subtitle A of title II of the Violent 16 Crime Control and Law Enforcement Act of 1994 (42 17 U.S.C. 13709(a)) shall not apply to amounts made avail18 able by this or any other Act. 19 SEC. 216. None of the funds made available under 20 this Act, other than for the national instant criminal back21 ground check system established under section 103 of the 22 Brady Handgun Violence Prevention Act (18 U.S.C. 922 23 note), may be used by a Federal law enforcement officer 24 to facilitate the transfer of an operable firearm to an indi25 vidual if the Federal law enforcement officer knows or sus- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 176 1 pects that the individual is an agent of a drug cartel, un2 less law enforcement personnel of the United States con3 tinuously monitor or control the firearm at all times. 4 SEC. 217. (a) None of the income retained in the De- 5 partment of Justice Working Capital Fund pursuant to 6 title I of Public Law 102–140 (105 Stat. 784; 28 U.S.C. 7 527 note) shall be available for obligation during fiscal 8 year 2016, except up to $40,000,000 may be obligated for 9 implementation of a unified Department of Justice finan10 cial management system. 11 (b) Not to exceed $30,000,000 of the unobligated bal- 12 ances transferred to the capital account of the Department 13 of Justice Working Capital Fund pursuant to title I of 14 Public Law 102–140 (105 Stat. 784; 28 U.S.C. 527 note) 15 shall be available for obligation in fiscal year 2016, and 16 any use, obligation, transfer or allocation of such funds 17 shall be treated as a reprogramming of funds under sec18 tion 505 of this Act. 19 (c) Not to exceed $10,000,000 of the excess unobli- 20 gated balances available under section 524(c)(8)(E) of 21 title 28, United States Code, shall be available for obliga22 tion during fiscal year 2016, and any use, obligation, 23 transfer or allocation of such funds shall be treated as a 24 reprogramming of funds under section 505 of this Act. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 177 1 (d) Subsections (a) through (c) of this section shall 2 sunset on September 30, 2016. 3 SEC. 218. (a) Of the funds appropriated by this Act 4 under each of the headings ‘‘General Administration—Sal5 aries and Expenses’’, ‘‘United States Marshals Service— 6 Salaries and Expenses’’, ‘‘Federal Bureau of Investiga7 tion—Salaries and Expenses’’, ‘‘Drug Enforcement Ad8 ministration—Salaries and Expenses’’, and ‘‘Bureau of 9 Alcohol, Tobacco, Firearms and Explosives—Salaries and 10 Expenses’’, $20,000,000 shall not be available for obliga11 tion until the Attorney General demonstrates to the Com12 mittees on Appropriations of the House of Representatives 13 and the Senate that all recommendations included in the 14 Office of Inspector General of the Department of Justice, 15 Evaluation and Inspections Division Report 15–04 enti16 tled ‘‘The Handling of Sexual Harassment and Mis17 conduct Allegations by the Department’s Law Enforce18 ment Components’’, dated March, 2015, have been imple19 mented or are in the process of being implemented. 20 (b) The Inspector General of the Department of Jus- 21 tice shall report to the Committees on Appropriations of 22 the House of Representatives and the Senate not later 23 than 90 days after the date of enactment of this Act on 24 the status of the Department’s implementation of rec- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 178 1 ommendations included in the report specified in sub2 section (a). 3 SEC. 219. Discretionary funds that are made avail- 4 able in this Act for the Office of Justice Programs may 5 be used to participate in Performance Partnership Pilots 6 authorized under section 526 of division H of Public Law 7 113–76, section 524 of division G of Public Law 113–235, 8 and such authorities as are enacted for Performance Part9 nership Pilots in an appropriations Act for fiscal year 10 2016. 11 This title may be cited as the ‘‘Department of Justice 12 Appropriations Act, 2016’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 179 1 TITLE III 2 SCIENCE 3 OFFICE 4 For necessary expenses of the Office of Science and OF SCIENCE AND TECHNOLOGY POLICY 5 Technology Policy, in carrying out the purposes of the Na6 tional Science and Technology Policy, Organization, and 7 Priorities Act of 1976 (42 U.S.C. 6601 et seq.), hire of 8 passenger motor vehicles, and services as authorized by 9 section 3109 of title 5, United States Code, not to exceed 10 $2,250 for official reception and representation expenses, 11 and rental of conference rooms in the District of Colum12 bia, $5,555,000. 13 NATIONAL AERONAUTICS 14 15 AND SPACE ADMINISTRATION SCIENCE For necessary expenses, not otherwise provided for, 16 in the conduct and support of science research and devel17 opment activities, including research, development, oper18 ations, support, and services; maintenance and repair, fa19 cility planning and design; space flight, spacecraft control, 20 and communications activities; program management; per21 sonnel and related costs, including uniforms or allowances 22 therefor, as authorized by sections 5901 and 5902 of title 23 5, United States Code; travel expenses; purchase and hire 24 of passenger motor vehicles; and purchase, lease, charter, 25 maintenance, and operation of mission and administrative December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 180 1 aircraft, $5,589,400,000, to remain available until Sep2 tember 30, 2017: Provided, That the formulation and de3 velopment costs (with development cost as defined under 4 section 30104 of title 51, United States Code) for the 5 James Webb Space Telescope shall not exceed 6 $8,000,000,000: Provided further, That should the indi7 vidual identified under subsection (c)(2)(E) of section 8 30104 of title 51, United States Code, as responsible for 9 the James Webb Space Telescope determine that the de10 velopment cost of the program is likely to exceed that limi11 tation, the individual shall immediately notify the Admin12 istrator and the increase shall be treated as if it meets 13 the 30 percent threshold described in subsection (f) of sec14 tion 30104: Provided further, That, of the amounts pro15 vided, $175,000,000 is for an orbiter with a lander to meet 16 the science goals for the Jupiter Europa mission as out17 lined in the most recent planetary science decadal survey: 18 Provided further, That the National Aeronautics and 19 Space Administration shall use the Space Launch System 20 as the launch vehicle for the Jupiter Europa mission, plan 21 for a launch no later than 2022, and include in the fiscal 22 year 2017 budget the 5-year funding profile necessary to 23 achieve these goals. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 181 1 2 AERONAUTICS For necessary expenses, not otherwise provided for, 3 in the conduct and support of aeronautics research and 4 development activities, including research, development, 5 operations, support, and services; maintenance and repair, 6 facility planning and design; space flight, spacecraft con7 trol, and communications activities; program manage8 ment; personnel and related costs, including uniforms or 9 allowances therefor, as authorized by sections 5901 and 10 5902 of title 5, United States Code; travel expenses; pur11 chase and hire of passenger motor vehicles; and purchase, 12 lease, charter, maintenance, and operation of mission and 13 administrative aircraft, $640,000,000, to remain available 14 until September 30, 2017. 15 16 SPACE TECHNOLOGY For necessary expenses, not otherwise provided for, 17 in the conduct and support of space technology research 18 and development activities, including research, develop19 ment, operations, support, and services; maintenance and 20 repair, facility planning and design; space flight, space21 craft control, and communications activities; program 22 management; personnel and related costs, including uni23 forms or allowances therefor, as authorized by sections 24 5901 and 5902 of title 5, United States Code; travel ex25 penses; purchase and hire of passenger motor vehicles; and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 182 1 purchase, lease, charter, maintenance, and operation of 2 mission and administrative aircraft, $686,500,000, to re3 main available until September 30, 2017: Provided, That 4 $133,000,000 shall be for the RESTORE satellite serv5 icing program for completion of pre-formulation and initi6 ation of formulation activities for RESTORE and such 7 funds shall not support activities solely needed for the as8 teroid redirect mission. 9 10 EXPLORATION For necessary expenses, not otherwise provided for, 11 in the conduct and support of exploration research and 12 development activities, including research, development, 13 operations, support, and services; maintenance and repair, 14 facility planning and design; space flight, spacecraft con15 trol, and communications activities; program manage16 ment; personnel and related costs, including uniforms or 17 allowances therefor, as authorized by sections 5901 and 18 5902 of title 5, United States Code; travel expenses; pur19 chase and hire of passenger motor vehicles; and purchase, 20 lease, charter, maintenance, and operation of mission and 21 administrative aircraft, $4,030,000,000, to remain avail22 able until September 30, 2017: Provided, That not less 23 than $1,270,000,000 shall be for the Orion Multi-Purpose 24 Crew Vehicle: Provided further, That not less than 25 $2,000,000,000 shall be for the Space Launch System December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 183 1 (SLS) launch vehicle, which shall have a lift capability not 2 less than 130 metric tons and which shall have core ele3 ments and an enhanced upper stage developed simulta4 neously: Provided further, That of the amounts provided 5 for SLS, not less than $85,000,000 shall be for enhanced 6 upper stage development: Provided further, That 7 $410,000,000 shall be for exploration ground systems: 8 Provided further, That the National Aeronautics and 9 Space Administration shall provide to the Committees on 10 Appropriations of the House of Representatives and the 11 Senate, concurrent with the annual budget submission, a 12 5-year budget profile and funding projection that adheres 13 to a 70 percent Joint Confidence Level and is consistent 14 with the Key Decision Point C (KDP–C) for the SLS and 15 with the management agreement contained in the KDP– 16 C for the Orion Multi-Purpose Crew Vehicle: Provided fur17 ther, That $350,000,000 shall be for exploration research 18 and development. 19 20 SPACE OPERATIONS For necessary expenses, not otherwise provided for, 21 in the conduct and support of space operations research 22 and development activities, including research, develop23 ment, operations, support and services; space flight, space24 craft control and communications activities, including op25 erations, production, and services; maintenance and re- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 184 1 pair, facility planning and design; program management; 2 personnel and related costs, including uniforms or allow3 ances therefor, as authorized by sections 5901 and 5902 4 of title 5, United States Code; travel expenses; purchase 5 and hire of passenger motor vehicles; and purchase, lease, 6 charter, maintenance and operation of mission and admin7 istrative aircraft, $5,029,200,000, to remain available 8 until September 30, 2017. 9 10 EDUCATION For necessary expenses, not otherwise provided for, 11 in the conduct and support of aerospace and aeronautical 12 education research and development activities, including 13 research, development, operations, support, and services; 14 program management; personnel and related costs, includ15 ing uniforms or allowances therefor, as authorized by sec16 tions 5901 and 5902 of title 5, United States Code; travel 17 expenses; purchase and hire of passenger motor vehicles; 18 and purchase, lease, charter, maintenance, and operation 19 of mission and administrative aircraft, $115,000,000, to 20 remain available until September 30, 2017, of which 21 $18,000,000 shall be for the Experimental Program to 22 Stimulate Competitive Research and $40,000,000 shall be 23 for the National Space Grant College program. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 185 1 SAFETY, SECURITY AND MISSION SERVICES 2 For necessary expenses, not otherwise provided for, 3 in the conduct and support of science, aeronautics, space 4 technology, exploration, space operations and education 5 research and development activities, including research, 6 development, operations, support, and services; mainte7 nance and repair, facility planning and design; space 8 flight, spacecraft control, and communications activities; 9 program management; personnel and related costs, includ10 ing uniforms or allowances therefor, as authorized by sec11 tions 5901 and 5902 of title 5, United States Code; travel 12 expenses; purchase and hire of passenger motor vehicles; 13 not to exceed $63,000 for official reception and represen14 tation expenses; and purchase, lease, charter, mainte15 nance, and operation of mission and administrative air16 craft, $2,768,600,000, to remain available until Sep17 tember 30, 2017. 18 CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND 19 RESTORATION 20 For necessary expenses for construction of facilities 21 including repair, rehabilitation, revitalization, and modi22 fication of facilities, construction of new facilities and ad23 ditions to existing facilities, facility planning and design, 24 and restoration, and acquisition or condemnation of real 25 property, as authorized by law, and environmental compli- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 186 1 ance and restoration, $388,900,000, to remain available 2 until September 30, 2021: Provided, That proceeds from 3 leases deposited into this account shall be available for a 4 period of 5 years to the extent and in amounts as provided 5 in annual appropriations Acts: Provided further, That such 6 proceeds referred to in the preceding proviso shall be avail7 able for obligation for fiscal year 2016 in an amount not 8 to exceed $9,470,300: Provided further, That each annual 9 budget request shall include an annual estimate of gross 10 receipts and collections and proposed use of all funds col11 lected pursuant to section 20145 of title 51, United States 12 Code. 13 14 OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector 15 General in carrying out the Inspector General Act of 1978, 16 $37,400,000, of which $500,000 shall remain available 17 until September 30, 2017. 18 ADMINISTRATIVE PROVISIONS 19 (INCLUDING TRANSFERS OF FUNDS) 20 Funds for any announced prize otherwise authorized 21 shall remain available, without fiscal year limitation, until 22 the prize is claimed or the offer is withdrawn. 23 Not to exceed 5 percent of any appropriation made 24 available for the current fiscal year for the National Aero25 nautics and Space Administration in this Act may be December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 187 1 transferred between such appropriations, but no such ap2 propriation, except as otherwise specifically provided, shall 3 be increased by more than 10 percent by any such trans4 fers. Balances so transferred shall be merged with and 5 available for the same purposes and the same time period 6 as the appropriations to which transferred. Any transfer 7 pursuant to this provision shall be treated as a reprogram8 ming of funds under section 505 of this Act and shall not 9 be available for obligation except in compliance with the 10 procedures set forth in that section. 11 The spending plan required by this Act shall be pro- 12 vided by NASA at the theme, program, project and activ13 ity level. The spending plan, as well as any subsequent 14 change of an amount established in that spending plan 15 that meets the notification requirements of section 505 of 16 this Act, shall be treated as a reprogramming under sec17 tion 505 of this Act and shall not be available for obliga18 tion or expenditure except in compliance with the proce19 dures set forth in that section. 20 The unexpired balances for Commercial Spaceflight 21 Activities contained within the Exploration account may 22 be transferred to the Space Operations account for such 23 activities. Balances so transferred shall be merged with 24 the funds in the Space Operations account and shall be December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 188 1 available under the same terms, conditions and period of 2 time as previously appropriated. 3 For the closeout of all Space Shuttle contracts and 4 associated programs, amounts that have expired but have 5 not been cancelled in the Exploration, Space Operations, 6 Human Space Flight, Space Flight Capabilities, and Ex7 ploration Capabilities appropriations accounts shall re8 main available through fiscal year 2025 for the liquidation 9 of valid obligations incurred during the period of fiscal 10 year 2001 through fiscal year 2013. 11 NATIONAL SCIENCE FOUNDATION 12 RESEARCH AND RELATED ACTIVITIES 13 For necessary expenses in carrying out the National 14 Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.), 15 and Public Law 86–209 (42 U.S.C. 1880 et seq.); services 16 as authorized by section 3109 of title 5, United States 17 Code; maintenance and operation of aircraft and purchase 18 of flight services for research support; acquisition of air19 craft; and authorized travel; $6,033,645,000, to remain 20 available until September 30, 2017, of which not to exceed 21 $540,000,000 shall remain available until expended for 22 polar research and operations support, and for reimburse23 ment to other Federal agencies for operational and science 24 support and logistical and other related activities for the 25 United States Antarctic program: Provided, That receipts December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 189 1 for scientific support services and materials furnished by 2 the National Research Centers and other National Science 3 Foundation supported research facilities may be credited 4 to this appropriation. 5 MAJOR RESEARCH EQUIPMENT AND FACILITIES 6 CONSTRUCTION 7 For necessary expenses for the acquisition, construc- 8 tion, commissioning, and upgrading of major research 9 equipment, facilities, and other such capital assets pursu10 ant to the National Science Foundation Act of 1950 (42 11 U.S.C. 1861 et seq.), including authorized travel, 12 $200,310,000, to remain available until expended. 13 14 EDUCATION AND HUMAN RESOURCES For necessary expenses in carrying out science, math- 15 ematics and engineering education and human resources 16 programs and activities pursuant to the National Science 17 Foundation Act of 1950 (42 U.S.C. 1861 et seq.), includ18 ing services as authorized by section 3109 of title 5, 19 United States Code, authorized travel, and rental of con20 ference rooms in the District of Columbia, $880,000,000, 21 to remain available until September 30, 2017. 22 AGENCY OPERATIONS AND AWARD MANAGEMENT 23 For agency operations and award management nec- 24 essary in carrying out the National Science Foundation 25 Act of 1950 (42 U.S.C. 1861 et seq.); services authorized December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 190 1 by section 3109 of title 5, United States Code; hire of pas2 senger motor vehicles; uniforms or allowances therefor, as 3 authorized by sections 5901 and 5902 of title 5, United 4 States Code; rental of conference rooms in the District of 5 Columbia; and reimbursement of the Department of 6 Homeland Security for security guard services; 7 $330,000,000: Provided, That not to exceed $8,280 is for 8 official reception and representation expenses: Provided 9 further, That contracts may be entered into under this 10 heading in fiscal year 2016 for maintenance and operation 11 of facilities and for other services to be provided during 12 the next fiscal year: Provided further, That of the amount 13 provided for costs associated with the acquisition, occu14 pancy, and related costs of new headquarters space, not 15 more than $30,770,000 shall remain available until ex16 pended. 17 18 OFFICE OF THE NATIONAL SCIENCE BOARD For necessary expenses (including payment of sala- 19 ries, authorized travel, hire of passenger motor vehicles, 20 the rental of conference rooms in the District of Columbia, 21 and the employment of experts and consultants under sec22 tion 3109 of title 5, United States Code) involved in car23 rying out section 4 of the National Science Foundation 24 Act of 1950 (42 U.S.C. 1863) and Public Law 86–209 25 (42 U.S.C. 1880 et seq.), $4,370,000: Provided, That not December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 191 1 to exceed $2,500 shall be available for official reception 2 and representation expenses. 3 4 OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector 5 General as authorized by the Inspector General Act of 6 1978, $15,160,000, of which $400,000 shall remain avail7 able until September 30, 2017. 8 9 ADMINISTRATIVE PROVISION Not to exceed 5 percent of any appropriation made 10 available for the current fiscal year for the National 11 Science Foundation in this Act may be transferred be12 tween such appropriations, but no such appropriation shall 13 be increased by more than 10 percent by any such trans14 fers. Any transfer pursuant to this section shall be treated 15 as a reprogramming of funds under section 505 of this 16 Act and shall not be available for obligation except in com17 pliance with the procedures set forth in that section. 18 This title may be cited as the ‘‘Science Appropria- 19 tions Act, 2016’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 192 1 TITLE IV 2 RELATED AGENCIES 3 COMMISSION 4 ON CIVIL RIGHTS SALARIES AND EXPENSES 5 For necessary expenses of the Commission on Civil 6 Rights, including hire of passenger motor vehicles, 7 $9,200,000: Provided, That none of the funds appro8 priated in this paragraph may be used to employ any indi9 viduals under Schedule C of subpart C of part 213 of title 10 5 of the Code of Federal Regulations exclusive of one spe11 cial assistant for each Commissioner: Provided further, 12 That none of the funds appropriated in this paragraph 13 shall be used to reimburse Commissioners for more than 14 75 billable days, with the exception of the chairperson, 15 who is permitted 125 billable days: Provided further, That 16 none of the funds appropriated in this paragraph shall be 17 used for any activity or expense that is not explicitly au18 thorized by section 3 of the Civil Rights Commission Act 19 of 1983 (42 U.S.C. 1975a). 20 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 21 SALARIES AND EXPENSES 22 For necessary expenses of the Equal Employment 23 Opportunity Commission as authorized by title VII of the 24 Civil Rights Act of 1964, the Age Discrimination in Em25 ployment Act of 1967, the Equal Pay Act of 1963, the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 193 1 Americans with Disabilities Act of 1990, section 501 of 2 the Rehabilitation Act of 1973, the Civil Rights Act of 3 1991, the Genetic Information Non-Discrimination Act 4 (GINA) of 2008 (Public Law 110–233), the ADA Amend5 ments Act of 2008 (Public Law 110–325), and the Lilly 6 Ledbetter Fair Pay Act of 2009 (Public Law 111–2), in7 cluding services as authorized by section 3109 of title 5, 8 United States Code; hire of passenger motor vehicles as 9 authorized by section 1343(b) of title 31, United States 10 Code; nonmonetary awards to private citizens; and up to 11 $29,500,000 for payments to State and local enforcement 12 agencies for authorized services to the Commission, 13 $364,500,000: Provided, That the Commission is author14 ized to make available for official reception and represen15 tation expenses not to exceed $2,250 from available funds: 16 Provided further, That the Commission may take no action 17 to implement any workforce repositioning, restructuring, 18 or reorganization until such time as the Committees on 19 Appropriations of the House of Representatives and the 20 Senate have been notified of such proposals, in accordance 21 with the reprogramming requirements of section 505 of 22 this Act: Provided further, That the Chair is authorized 23 to accept and use any gift or donation to carry out the 24 work of the Commission. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 194 1 INTERNATIONAL TRADE COMMISSION 2 SALARIES AND EXPENSES 3 For necessary expenses of the International Trade 4 Commission, including hire of passenger motor vehicles 5 and services as authorized by section 3109 of title 5, 6 United States Code, and not to exceed $2,250 for official 7 reception and representation expenses, $88,500,000, to re8 main available until expended. 9 10 LEGAL SERVICES CORPORATION PAYMENT TO THE LEGAL SERVICES CORPORATION 11 For payment to the Legal Services Corporation to 12 carry out the purposes of the Legal Services Corporation 13 Act of 1974, $385,000,000, of which $352,000,000 is for 14 basic field programs and required independent audits; 15 $5,000,000 is for the Office of Inspector General, of which 16 such amounts as may be necessary may be used to conduct 17 additional audits of recipients; $19,000,000 is for manage18 ment and grants oversight; $4,000,000 is for client self19 help and information technology; $4,000,000 is for a Pro 20 Bono Innovation Fund; and $1,000,000 is for loan repay21 ment assistance: Provided, That the Legal Services Cor22 poration may continue to provide locality pay to officers 23 and employees at a rate no greater than that provided by 24 the Federal Government to Washington, DC-based em25 ployees as authorized by section 5304 of title 5, United December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 195 1 States Code, notwithstanding section 1005(d) of the Legal 2 Services Corporation Act (42 U.S.C. 2996(d)): Provided 3 further, That the authorities provided in section 205 of 4 this Act shall be applicable to the Legal Services Corpora5 tion: Provided further, That, for the purposes of section 6 505 of this Act, the Legal Services Corporation shall be 7 considered an agency of the United States Government. 8 ADMINISTRATIVE PROVISION—LEGAL SERVICES 9 CORPORATION 10 None of the funds appropriated in this Act to the 11 Legal Services Corporation shall be expended for any pur12 pose prohibited or limited by, or contrary to any of the 13 provisions of, sections 501, 502, 503, 504, 505, and 506 14 of Public Law 105–119, and all funds appropriated in this 15 Act to the Legal Services Corporation shall be subject to 16 the same terms and conditions set forth in such sections, 17 except that all references in sections 502 and 503 to 1997 18 and 1998 shall be deemed to refer instead to 2015 and 19 2016, respectively. 20 MARINE MAMMAL COMMISSION 21 SALARIES AND EXPENSES 22 For necessary expenses of the Marine Mammal Com- 23 mission as authorized by title II of the Marine Mammal 24 Protection Act of 1972 (16 U.S.C. 1361 et seq.), 25 $3,431,000. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 196 1 OFFICE OF THE UNITED STATES TRADE 2 REPRESENTATIVE 3 SALARIES AND EXPENSES 4 For necessary expenses of the Office of the United 5 States Trade Representative, including the hire of pas6 senger motor vehicles and the employment of experts and 7 consultants as authorized by section 3109 of title 5, 8 United States Code, $54,500,000, of which $1,000,000 9 shall remain available until expended: Provided, That not 10 to exceed $124,000 shall be available for official reception 11 and representation expenses. 12 STATE JUSTICE INSTITUTE 13 SALARIES AND EXPENSES 14 For necessary expenses of the State Justice Institute, 15 as authorized by the State Justice Institute Authorization 16 Act of 1984 (42 U.S.C. 10701 et seq.) $5,121,000, of 17 which $500,000 shall remain available until September 30, 18 2017: Provided, That not to exceed $2,250 shall be avail19 able for official reception and representation expenses: 20 Provided further, That, for the purposes of section 505 21 of this Act, the State Justice Institute shall be considered 22 an agency of the United States Government. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 197 1 TITLE V 2 GENERAL PROVISIONS 3 (INCLUDING RESCISSIONS) 4 (INCLUDING TRANSFER OF FUNDS) 5 SEC. 501. No part of any appropriation contained in 6 this Act shall be used for publicity or propaganda purposes 7 not authorized by the Congress. 8 SEC. 502. No part of any appropriation contained in 9 this Act shall remain available for obligation beyond the 10 current fiscal year unless expressly so provided herein. 11 SEC. 503. The expenditure of any appropriation 12 under this Act for any consulting service through procure13 ment contract, pursuant to section 3109 of title 5, United 14 States Code, shall be limited to those contracts where such 15 expenditures are a matter of public record and available 16 for public inspection, except where otherwise provided 17 under existing law, or under existing Executive order 18 issued pursuant to existing law. 19 SEC. 504. If any provision of this Act or the applica- 20 tion of such provision to any person or circumstances shall 21 be held invalid, the remainder of the Act and the applica22 tion of each provision to persons or circumstances other 23 than those as to which it is held invalid shall not be af24 fected thereby. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 198 1 SEC. 505. None of the funds provided under this Act, 2 or provided under previous appropriations Acts to the 3 agencies funded by this Act that remain available for obli4 gation or expenditure in fiscal year 2016, or provided from 5 any accounts in the Treasury of the United States derived 6 by the collection of fees available to the agencies funded 7 by this Act, shall be available for obligation or expenditure 8 through a reprogramming of funds that: (1) creates or ini9 tiates a new program, project or activity; (2) eliminates 10 a program, project or activity; (3) increases funds or per11 sonnel by any means for any project or activity for which 12 funds have been denied or restricted; (4) relocates an of13 fice or employees; (5) reorganizes or renames offices, pro14 grams or activities; (6) contracts out or privatizes any 15 functions or activities presently performed by Federal em16 ployees; (7) augments existing programs, projects or ac17 tivities in excess of $500,000 or 10 percent, whichever is 18 less, or reduces by 10 percent funding for any program, 19 project or activity, or numbers of personnel by 10 percent; 20 or (8) results from any general savings, including savings 21 from a reduction in personnel, which would result in a 22 change in existing programs, projects or activities as ap23 proved by Congress; unless the House and Senate Com24 mittees on Appropriations are notified 15 days in advance 25 of such reprogramming of funds by agencies (excluding December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 199 1 agencies of the Department of Justice) funded by this Act 2 and 45 days in advance of such reprogramming of funds 3 by agencies of the Department of Justice funded by this 4 Act. 5 SEC. 506. (a) If it has been finally determined by 6 a court or Federal agency that any person intentionally 7 affixed a label bearing a ‘‘Made in America’’ inscription, 8 or any inscription with the same meaning, to any product 9 sold in or shipped to the United States that is not made 10 in the United States, the person shall be ineligible to re11 ceive any contract or subcontract made with funds made 12 available in this Act, pursuant to the debarment, suspen13 sion, and ineligibility procedures described in sections 14 9.400 through 9.409 of title 48, Code of Federal Regula15 tions. 16 (b)(1) To the extent practicable, with respect to au- 17 thorized purchases of promotional items, funds made 18 available by this Act shall be used to purchase items that 19 are manufactured, produced, or assembled in the United 20 States, its territories or possessions. 21 (2) The term ‘‘promotional items’’ has the meaning 22 given the term in OMB Circular A–87, Attachment B, 23 Item (1)(f)(3). 24 SEC. 507. (a) The Departments of Commerce and 25 Justice, the National Science Foundation, and the Na- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 200 1 tional Aeronautics and Space Administration shall provide 2 to the Committees on Appropriations of the House of Rep3 resentatives and the Senate a quarterly report on the sta4 tus of balances of appropriations at the account level. For 5 unobligated, uncommitted balances and unobligated, com6 mitted balances the quarterly reports shall separately 7 identify the amounts attributable to each source year of 8 appropriation from which the balances were derived. For 9 balances that are obligated, but unexpended, the quarterly 10 reports shall separately identify amounts by the year of 11 obligation. 12 (b) The report described in subsection (a) shall be 13 submitted within 30 days of the end of each quarter. 14 (c) If a department or agency is unable to fulfill any 15 aspect of a reporting requirement described in subsection 16 (a) due to a limitation of a current accounting system, 17 the department or agency shall fulfill such aspect to the 18 maximum extent practicable under such accounting sys19 tem and shall identify and describe in each quarterly re20 port the extent to which such aspect is not fulfilled. 21 SEC. 508. Any costs incurred by a department or 22 agency funded under this Act resulting from, or to pre23 vent, personnel actions taken in response to funding re24 ductions included in this Act shall be absorbed within the 25 total budgetary resources available to such department or December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 201 1 agency: Provided, That the authority to transfer funds be2 tween appropriations accounts as may be necessary to 3 carry out this section is provided in addition to authorities 4 included elsewhere in this Act: Provided further, That use 5 of funds to carry out this section shall be treated as a 6 reprogramming of funds under section 505 of this Act and 7 shall not be available for obligation or expenditure except 8 in compliance with the procedures set forth in that section: 9 Provided further, That for the Department of Commerce, 10 this section shall also apply to actions taken for the care 11 and protection of loan collateral or grant property. 12 SEC. 509. None of the funds provided by this Act 13 shall be available to promote the sale or export of tobacco 14 or tobacco products, or to seek the reduction or removal 15 by any foreign country of restrictions on the marketing 16 of tobacco or tobacco products, except for restrictions 17 which are not applied equally to all tobacco or tobacco 18 products of the same type. 19 SEC. 510. Notwithstanding any other provision of 20 law, amounts deposited or available in the Fund estab21 lished by section 1402 of chapter XIV of title II of Public 22 Law 98–473 (42 U.S.C. 10601) in any fiscal year in ex23 cess of $3,042,000,000 shall not be available for obligation 24 until the following fiscal year: Provided, That notwith25 standing section 1402(d) of such Act, of the amounts December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 202 1 available from the Fund for obligation, $10,000,000 shall 2 remain available until expended to the Department of Jus3 tice Office of Inspector General for oversight and auditing 4 purposes. 5 SEC. 511. None of the funds made available to the 6 Department of Justice in this Act may be used to discrimi7 nate against or denigrate the religious or moral beliefs of 8 students who participate in programs for which financial 9 assistance is provided from those funds, or of the parents 10 or legal guardians of such students. 11 SEC. 512. None of the funds made available in this 12 Act may be transferred to any department, agency, or in13 strumentality of the United States Government, except 14 pursuant to a transfer made by, or transfer authority pro15 vided in, this Act or any other appropriations Act. 16 SEC. 513. Any funds provided in this Act used to im- 17 plement E-Government Initiatives shall be subject to the 18 procedures set forth in section 505 of this Act. 19 SEC. 514. (a) The Inspectors General of the Depart- 20 ment of Commerce, the Department of Justice, the Na21 tional Aeronautics and Space Administration, the Na22 tional Science Foundation, and the Legal Services Cor23 poration shall conduct audits, pursuant to the Inspector 24 General Act (5 U.S.C. App.), of grants or contracts for 25 which funds are appropriated by this Act, and shall submit December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 203 1 reports to Congress on the progress of such audits, which 2 may include preliminary findings and a description of 3 areas of particular interest, within 180 days after initi4 ating such an audit and every 180 days thereafter until 5 any such audit is completed. 6 (b) Within 60 days after the date on which an audit 7 described in subsection (a) by an Inspector General is 8 completed, the Secretary, Attorney General, Adminis9 trator, Director, or President, as appropriate, shall make 10 the results of the audit available to the public on the Inter11 net website maintained by the Department, Administra12 tion, Foundation, or Corporation, respectively. The results 13 shall be made available in redacted form to exclude— 14 15 (1) any matter described in section 552(b) of title 5, United States Code; and 16 (2) sensitive personal information for any indi- 17 vidual, the public access to which could be used to 18 commit identity theft or for other inappropriate or 19 unlawful purposes. 20 (c) Any person awarded a grant or contract funded 21 by amounts appropriated by this Act shall submit a state22 ment to the Secretary of Commerce, the Attorney General, 23 the Administrator, Director, or President, as appropriate, 24 certifying that no funds derived from the grant or contract 25 will be made available through a subcontract or in any December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 204 1 other manner to another person who has a financial inter2 est in the person awarded the grant or contract. 3 (d) The provisions of the preceding subsections of 4 this section shall take effect 30 days after the date on 5 which the Director of the Office of Management and 6 Budget, in consultation with the Director of the Office of 7 Government Ethics, determines that a uniform set of rules 8 and requirements, substantially similar to the require9 ments in such subsections, consistently apply under the 10 executive branch ethics program to all Federal depart11 ments, agencies, and entities. 12 SEC. 515. (a) None of the funds appropriated or oth- 13 erwise made available under this Act may be used by the 14 Departments of Commerce and Justice, the National Aer15 onautics and Space Administration, or the National 16 Science Foundation to acquire a high-impact or moderate17 impact information system, as defined for security cat18 egorization in the National Institute of Standards and 19 Technology’s (NIST) Federal Information Processing 20 Standard Publication 199, ‘‘Standards for Security Cat21 egorization of Federal Information and Information Sys22 tems’’ unless the agency has— 23 (1) reviewed the supply chain risk for the infor- 24 mation systems against criteria developed by NIST 25 to inform acquisition decisions for high-impact and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 205 1 moderate-impact information systems within the 2 Federal Government; 3 (2) reviewed the supply chain risk from the pre- 4 sumptive awardee against available and relevant 5 threat information provided by the Federal Bureau 6 of Investigation (FBI) and other appropriate agen- 7 cies; and 8 (3) in consultation with the FBI or other ap- 9 propriate Federal entity, conducted an assessment of 10 any risk of cyber-espionage or sabotage associated 11 with the acquisition of such system, including any 12 risk associated with such system being produced, 13 manufactured, or assembled by one or more entities 14 identified by the United States Government as pos- 15 ing a cyber threat, including but not limited to, 16 those that may be owned, directed, or subsidized by 17 the People’s Republic of China. 18 (b) None of the funds appropriated or otherwise 19 made available under this Act may be used to acquire a 20 high-impact or moderate-impact information system re21 viewed and assessed under subsection (a) unless the head 22 of the assessing entity described in subsection (a) has— 23 (1) developed, in consultation with NIST and 24 supply chain risk management experts, a mitigation 25 strategy for any identified risks; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 206 1 (2) determined that the acquisition of such sys- 2 tem is in the national interest of the United States; 3 and 4 (3) reported that determination to the Commit- 5 tees on Appropriations of the House of Representa- 6 tives and the Senate and the agency Inspector Gen- 7 eral. 8 (c) During fiscal year 2016— 9 10 (1) the FBI shall develop best practices for supply chain risk management; and 11 (2) the Departments of Commerce and Justice, 12 the National Aeronautics and Space Administration, 13 and the National Science Foundation shall incor- 14 porate such practices into their information tech- 15 nology procurement practices to the maximum ex- 16 tent practicable. 17 SEC. 516. None of the funds made available in this 18 Act shall be used in any way whatsoever to support or 19 justify the use of torture by any official or contract em20 ployee of the United States Government. 21 SEC. 517. (a) Notwithstanding any other provision 22 of law or treaty, none of the funds appropriated or other23 wise made available under this Act or any other Act may 24 be expended or obligated by a department, agency, or in25 strumentality of the United States to pay administrative December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 207 1 expenses or to compensate an officer or employee of the 2 United States in connection with requiring an export li3 cense for the export to Canada of components, parts, ac4 cessories or attachments for firearms listed in Category 5 I, section 121.1 of title 22, Code of Federal Regulations 6 (International Trafficking in Arms Regulations (ITAR), 7 part 121, as it existed on April 1, 2005) with a total value 8 not exceeding $500 wholesale in any transaction, provided 9 that the conditions of subsection (b) of this section are 10 met by the exporting party for such articles. 11 (b) The foregoing exemption from obtaining an ex- 12 port license— 13 (1) does not exempt an exporter from filing any 14 Shipper’s Export Declaration or notification letter 15 required by law, or from being otherwise eligible 16 under the laws of the United States to possess, ship, 17 transport, or export the articles enumerated in sub- 18 section (a); and 19 20 (2) does not permit the export without a license of— 21 (A) fully automatic firearms and compo- 22 nents and parts for such firearms, other than 23 for end use by the Federal Government, or a 24 Provincial or Municipal Government of Canada; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 208 1 (B) barrels, cylinders, receivers (frames) or 2 complete breech mechanisms for any firearm 3 listed in Category I, other than for end use by 4 the Federal Government, or a Provincial or Mu- 5 nicipal Government of Canada; or 6 7 8 (C) articles for export from Canada to another foreign destination. (c) In accordance with this section, the District Di- 9 rectors of Customs and postmasters shall permit the per10 manent or temporary export without a license of any un11 classified articles specified in subsection (a) to Canada for 12 end use in Canada or return to the United States, or tem13 porary import of Canadian-origin items from Canada for 14 end use in the United States or return to Canada for a 15 Canadian citizen. 16 (d) The President may require export licenses under 17 this section on a temporary basis if the President deter18 mines, upon publication first in the Federal Register, that 19 the Government of Canada has implemented or main20 tained inadequate import controls for the articles specified 21 in subsection (a), such that a significant diversion of such 22 articles has and continues to take place for use in inter23 national terrorism or in the escalation of a conflict in an24 other nation. The President shall terminate the require- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 209 1 ments of a license when reasons for the temporary require2 ments have ceased. 3 SEC. 518. Notwithstanding any other provision of 4 law, no department, agency, or instrumentality of the 5 United States receiving appropriated funds under this Act 6 or any other Act shall obligate or expend in any way such 7 funds to pay administrative expenses or the compensation 8 of any officer or employee of the United States to deny 9 any application submitted pursuant to 22 U.S.C. 10 2778(b)(1)(B) and qualified pursuant to 27 CFR section 11 478.112 or .113, for a permit to import United States ori12 gin ‘‘curios or relics’’ firearms, parts, or ammunition. 13 SEC. 519. None of the funds made available in this 14 Act may be used to include in any new bilateral or multi15 lateral trade agreement the text of— 16 17 18 19 20 (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 21 States-Morocco Free Trade Agreement. 22 SEC. 520. None of the funds made available in this 23 Act may be used to authorize or issue a national security 24 letter in contravention of any of the following laws author25 izing the Federal Bureau of Investigation to issue national December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 210 1 security letters: The Right to Financial Privacy Act; The 2 Electronic Communications Privacy Act; The Fair Credit 3 Reporting Act; The National Security Act of 1947; USA 4 PATRIOT Act; USA FREEDOM Act of 2015; and the 5 laws amended by these Acts. 6 SEC. 521. If at any time during any quarter, the pro- 7 gram manager of a project within the jurisdiction of the 8 Departments of Commerce or Justice, the National Aero9 nautics and Space Administration, or the National Science 10 Foundation totaling more than $75,000,000 has reason11 able cause to believe that the total program cost has in12 creased by 10 percent or more, the program manager shall 13 immediately inform the respective Secretary, Adminis14 trator, or Director. The Secretary, Administrator, or Di15 rector shall notify the House and Senate Committees on 16 Appropriations within 30 days in writing of such increase, 17 and shall include in such notice: the date on which such 18 determination was made; a statement of the reasons for 19 such increases; the action taken and proposed to be taken 20 to control future cost growth of the project; changes made 21 in the performance or schedule milestones and the degree 22 to which such changes have contributed to the increase 23 in total program costs or procurement costs; new esti24 mates of the total project or procurement costs; and a 25 statement validating that the project’s management struc- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 211 1 ture is adequate to control total project or procurement 2 costs. 3 SEC. 522. Funds appropriated by this Act, or made 4 available by the transfer of funds in this Act, for intel5 ligence or intelligence related activities are deemed to be 6 specifically authorized by the Congress for purposes of sec7 tion 504 of the National Security Act of 1947 (50 U.S.C. 8 414) during fiscal year 2016 until the enactment of the 9 Intelligence Authorization Act for fiscal year 2016. 10 SEC. 523. None of the funds appropriated or other- 11 wise made available by this Act may be used to enter into 12 a contract in an amount greater than $5,000,000 or to 13 award a grant in excess of such amount unless the pro14 spective contractor or grantee certifies in writing to the 15 agency awarding the contract or grant that, to the best 16 of its knowledge and belief, the contractor or grantee has 17 filed all Federal tax returns required during the three 18 years preceding the certification, has not been convicted 19 of a criminal offense under the Internal Revenue Code of 20 1986, and has not, more than 90 days prior to certifi21 cation, been notified of any unpaid Federal tax assessment 22 for which the liability remains unsatisfied, unless the as23 sessment is the subject of an installment agreement or 24 offer in compromise that has been approved by the Inter25 nal Revenue Service and is not in default, or the assess- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 212 1 ment is the subject of a non-frivolous administrative or 2 judicial proceeding. 3 4 (RESCISSIONS) SEC. 524. (a) Of the unobligated balances from prior 5 year appropriations available to the Department of Com6 merce’s Economic Development Administration, Economic 7 Development Assistance Programs, $10,000,000 are re8 scinded, not later than September 30, 2016. 9 (b) Of the unobligated balances available to the De- 10 partment of Justice, the following funds are hereby re11 scinded, not later than September 30, 2016, from the fol12 lowing accounts in the specified amounts— 13 (1) ‘‘Working Capital Fund’’, $69,000,000; 14 (2) ‘‘United States Marshals Service, Federal 15 Prisoner Detention’’, $195,974,000; 16 (3) ‘‘Federal Bureau of Investigation, Salaries 17 and Expenses’’, $80,767,000 from fees collected to 18 defray expenses for the automation of fingerprint 19 identification and criminal justice information serv- 20 ices and associated costs; 21 (4) ‘‘State and Local Law Enforcement Activi- 22 ties, Office on Violence Against Women, Violence 23 Against Women Prevention and Prosecution Pro- 24 grams’’, $15,000,000; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 213 1 2 (5) ‘‘State and Local Law Enforcement Activities, Office of Justice Programs’’, $40,000,000; 3 (6) ‘‘State and Local Law Enforcement Activi- 4 ties, 5 $10,000,000; and 6 Community Oriented Policing Services’’, (7) ‘‘Legal Activities, Assets Forfeiture Fund’’, 7 $458,000,000. 8 (c) The Departments of Commerce and Justice shall 9 submit to the Committees on Appropriations of the House 10 of Representatives and the Senate a report no later than 11 September 1, 2016, specifying the amount of each rescis12 sion made pursuant to subsections (a) and (b). 13 SEC. 525. None of the funds made available in this 14 Act may be used to purchase first class or premium airline 15 travel in contravention of sections 301–10.122 through 16 301–10.124 of title 41 of the Code of Federal Regulations. 17 SEC. 526. None of the funds made available in this 18 Act may be used to send or otherwise pay for the attend19 ance of more than 50 employees from a Federal depart20 ment or agency, who are stationed in the United States, 21 at any single conference occurring outside the United 22 States unless such conference is a law enforcement train23 ing or operational conference for law enforcement per24 sonnel and the majority of Federal employees in attend- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 214 1 ance are law enforcement personnel stationed outside the 2 United States. 3 SEC. 527. None of the funds appropriated or other- 4 wise made available in this or any other Act may be used 5 to transfer, release, or assist in the transfer or release to 6 or within the United States, its territories, or possessions 7 Khalid Sheikh Mohammed or any other detainee who— 8 9 (1) is not a United States citizen or a member of the Armed Forces of the United States; and 10 (2) is or was held on or after June 24, 2009, 11 at the United States Naval Station, Guantanamo 12 Bay, Cuba, by the Department of Defense. 13 SEC. 528. (a) None of the funds appropriated or oth- 14 erwise made available in this or any other Act may be used 15 to construct, acquire, or modify any facility in the United 16 States, its territories, or possessions to house any indi17 vidual described in subsection (c) for the purposes of de18 tention or imprisonment in the custody or under the effec19 tive control of the Department of Defense. 20 (b) The prohibition in subsection (a) shall not apply 21 to any modification of facilities at United States Naval 22 Station, Guantanamo Bay, Cuba. 23 (c) An individual described in this subsection is any 24 individual who, as of June 24, 2009, is located at United 25 States Naval Station, Guantanamo Bay, Cuba, and who— December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 215 1 (1) is not a citizen of the United States or a 2 member of the Armed Forces of the United States; 3 and 4 (2) is— 5 (A) in the custody or under the effective 6 control of the Department of Defense; or 7 (B) otherwise under detention at United 8 States Naval Station, Guantanamo Bay, Cuba. 9 SEC. 529. To the extent practicable, funds made 10 available in this Act should be used to purchase light bulbs 11 that are ‘‘Energy Star’’ qualified or have the ‘‘Federal En12 ergy Management Program’’ designation. 13 SEC. 530. The Director of the Office of Management 14 and Budget shall instruct any department, agency, or in15 strumentality of the United States receiving funds appro16 priated under this Act to track undisbursed balances in 17 expired grant accounts and include in its annual perform18 ance plan and performance and accountability reports the 19 following: 20 (1) Details on future action the department, 21 agency, or instrumentality will take to resolve 22 undisbursed balances in expired grant accounts. 23 (2) The method that the department, agency, or 24 instrumentality uses to track undisbursed balances 25 in expired grant accounts. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 216 1 (3) Identification of undisbursed balances in ex- 2 pired grant accounts that may be returned to the 3 Treasury of the United States. 4 (4) In the preceding 3 fiscal years, details on 5 the total number of expired grant accounts with 6 undisbursed balances (on the first day of each fiscal 7 year) for the department, agency, or instrumentality 8 and the total finances that have not been obligated 9 to a specific project remaining in the accounts. 10 SEC. 531. (a) None of the funds made available by 11 this Act may be used for the National Aeronautics and 12 Space Administration (NASA) or the Office of Science 13 and Technology Policy (OSTP) to develop, design, plan, 14 promulgate, implement, or execute a bilateral policy, pro15 gram, order, or contract of any kind to participate, col16 laborate, or coordinate bilaterally in any way with China 17 or any Chinese-owned company unless such activities are 18 specifically authorized by a law enacted after the date of 19 enactment of this Act. 20 (b) None of the funds made available by this Act may 21 be used to effectuate the hosting of official Chinese visitors 22 at facilities belonging to or utilized by NASA. 23 (c) The limitations described in subsections (a) and 24 (b) shall not apply to activities which NASA or OSTP has 25 certified— December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 217 1 (1) pose no risk of resulting in the transfer of 2 technology, data, or other information with national 3 security or economic security implications to China 4 or a Chinese-owned company; and 5 (2) will not involve knowing interactions with 6 officials who have been determined by the United 7 States to have direct involvement with violations of 8 human rights. 9 (d) Any certification made under subsection (c) shall 10 be submitted to the Committees on Appropriations of the 11 House of Representatives and the Senate, and the Federal 12 Bureau of Investigation, no later than 30 days prior to 13 the activity in question and shall include a description of 14 the purpose of the activity, its agenda, its major partici15 pants, and its location and timing. 16 SEC. 532. None of the funds made available by this 17 Act may be used to pay the salaries or expenses of per18 sonnel to deny, or fail to act on, an application for the 19 importation of any model of shotgun if— 20 21 (1) all other requirements of law with respect to the proposed importation are met; and 22 (2) no application for the importation of such 23 model of shotgun, in the same configuration, had 24 been denied by the Attorney General prior to Janu- 25 ary 1, 2011, on the basis that the shotgun was not December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 218 1 particularly suitable for or readily adaptable to 2 sporting purposes. 3 SEC. 533. (a) None of the funds made available in 4 this Act may be used to maintain or establish a computer 5 network unless such network blocks the viewing, 6 downloading, and exchanging of pornography. 7 (b) Nothing in subsection (a) shall limit the use of 8 funds necessary for any Federal, State, tribal, or local law 9 enforcement agency or any other entity carrying out crimi10 nal investigations, prosecution, adjudication, or other law 11 enforcement- or victim assistance-related activity. 12 SEC. 534. The Departments of Commerce and Jus- 13 tice, the National Aeronautics and Space Administration, 14 the National Science Foundation, the Commission on Civil 15 Rights, the Equal Employment Opportunity Commission, 16 the International Trade Commission, the Legal Services 17 Corporation, the Marine Mammal Commission, the Offices 18 of Science and Technology Policy and the United States 19 Trade Representative, and the State Justice Institute 20 shall submit spending plans, signed by the respective de21 partment or agency head, to the Committees on Appro22 priations of the House of Representatives and the Senate 23 within 45 days after the date of enactment of this Act. 24 SEC. 535. (a) The head of any executive branch de- 25 partment, agency, board, commission, or office funded by December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 219 1 this Act shall submit annual reports to the Inspector Gen2 eral or senior ethics official for any entity without an In3 spector General, regarding the costs and contracting pro4 cedures related to each conference held by any such de5 partment, agency, board, commission, or office during fis6 cal year 2016 for which the cost to the United States Gov7 ernment was more than $100,000. 8 (b) Each report submitted shall include, for each con- 9 ference described in subsection (a) held during the applica10 ble period— 11 (1) a description of its purpose; 12 (2) the number of participants attending; 13 (3) a detailed statement of the costs to the 14 United States Government, including— 15 (A) the cost of any food or beverages; 16 (B) the cost of any audio-visual services; 17 (C) the cost of employee or contractor 18 travel to and from the conference; and 19 (D) a discussion of the methodology used 20 to determine which costs relate to the con- 21 ference; and 22 (4) a description of the contracting procedures 23 24 25 December 16, 2015 (1:04 a.m.) used including— (A) whether contracts were awarded on a competitive basis; and U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 220 1 (B) a discussion of any cost comparison 2 conducted by the departmental component or 3 office in evaluating potential contractors for the 4 conference. 5 (c) Within 15 days of the date of a conference held 6 by any executive branch department, agency, board, com7 mission, or office funded by this Act during fiscal year 8 2016 for which the cost to the United States Government 9 was more than $20,000, the head of any such department, 10 agency, board, commission, or office shall notify the In11 spector General or senior ethics official for any entity 12 without an Inspector General, of the date, location, and 13 number of employees attending such conference. 14 (d) A grant or contract funded by amounts appro- 15 priated by this Act may not be used for the purpose of 16 defraying the costs of a banquet or conference that is not 17 directly and programmatically related to the purpose for 18 which the grant or contract was awarded, such as a ban19 quet or conference held in connection with planning, train20 ing, assessment, review, or other routine purposes related 21 to a project funded by the grant or contract. 22 (e) None of the funds made available in this Act may 23 be used for travel and conference activities that are not 24 in compliance with Office of Management and Budget December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 221 1 Memorandum M–12–12 dated May 11, 2012 or any sub2 sequent revisions to that memorandum. 3 SEC. 536. None of the funds made available by this 4 Act may be obligated or expended to implement the Arms 5 Trade Treaty until the Senate approves a resolution of 6 ratification for the Treaty. 7 SEC. 537. The head of any executive branch depart- 8 ment, agency, board, commission, or office funded by this 9 Act shall require that all contracts within their purview 10 that provide award fees link such fees to successful acqui11 sition outcomes, specifying the terms of cost, schedule, 12 and performance. 13 SEC. 538. Notwithstanding any other provision of 14 this Act, none of the funds appropriated or otherwise 15 made available by this Act may be used to pay award or 16 incentive fees for contractor performance that has been 17 judged to be below satisfactory performance or for per18 formance that does not meet the basic requirements of a 19 contract. 20 SEC. 539. (a) None of the funds made available by 21 this Act may be used to relinquish the responsibility of 22 the National Telecommunications and Information Ad23 ministration, during fiscal year 2016, with respect to 24 Internet domain name system functions, including respon- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 222 1 sibility with respect to the authoritative root zone file and 2 the Internet Assigned Numbers Authority functions. 3 (b) Nothwithstanding any other law, subsection (a) 4 of this section shall not apply in fiscal year 2017. 5 SEC. 540. No funds provided in this Act shall be used 6 to deny an Inspector General funded under this Act timely 7 access to any records, documents, or other materials avail8 able to the department or agency over which that Inspec9 tor General has responsibilities under the Inspector Gen10 eral Act of 1978, or to prevent or impede that Inspector 11 General’s access to such records, documents, or other ma12 terials, under any provision of law, except a provision of 13 law that expressly refers to the Inspector General and ex14 pressly limits the Inspector General’s right of access. A 15 department or agency covered by this section shall provide 16 its Inspector General with access to all such records, docu17 ments, and other materials in a timely manner. Each In18 spector General shall ensure compliance with statutory 19 limitations on disclosure relevant to the information pro20 vided by the establishment over which that Inspector Gen21 eral has responsibilities under the Inspector General Act 22 of 1978. Each Inspector General covered by this section 23 shall report to the Committees on Appropriations of the 24 House of Representatives and the Senate within 5 cal25 endar days any failures to comply with this requirement. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 223 1 SEC. 541. The Department of Commerce, the Na- 2 tional Aeronautics and Space Administration, and the Na3 tional Science Foundation shall provide a quarterly report 4 to the Committees on Appropriations of the House of Rep5 resentatives and the Senate on any official travel to China 6 by any employee of such Department or agency, including 7 the purpose of such travel. 8 SEC. 542. None of the funds made available in this 9 Act to the Department of Justice may be used, with re10 spect to any of the States of Alabama, Alaska, Arizona, 11 California, Colorado, Connecticut, Delaware, Florida, 12 Georgia, Hawaii, Illinois, Iowa, Kentucky, Louisiana, 13 Maine, Maryland, Massachusetts, Michigan, Minnesota, 14 Mississippi, Missouri, Montana, Nevada, New Hampshire, 15 New Jersey, New Mexico, New York, North Carolina, 16 Oklahoma, Oregon, Rhode Island, South Carolina, Ten17 nessee, Texas, Utah, Vermont, Virginia, Washington, Wis18 consin, and Wyoming, or with respect to the District of 19 Columbia, Guam, or Puerto Rico, to prevent any of them 20 from implementing their own laws that authorize the use, 21 distribution, possession, or cultivation of medical mari22 juana. 23 SEC. 543. None of the funds made available by this 24 Act may be used in contravention of section 7606 (‘‘Legit25 imacy of Industrial Hemp Research’’) of the Agricultural December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 224 1 Act of 2014 (Public Law 113–79) by the Department of 2 Justice or the Drug Enforcement Administration. 3 This division may be cited as the ‘‘Commerce, Jus- 4 tice, Science, and Related Agencies Appropriations Act, 5 2016’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 225 1 DIVISION C—DEPARTMENT OF DEFENSE 2 APPROPRIATIONS ACT, 2016 3 TITLE I 4 MILITARY PERSONNEL 5 MILITARY PERSONNEL, ARMY 6 For pay, allowances, individual clothing, subsistence, 7 interest on deposits, gratuities, permanent change of sta8 tion travel (including all expenses thereof for organiza9 tional movements), and expenses of temporary duty travel 10 between permanent duty stations, for members of the 11 Army on active duty (except members of reserve compo12 nents provided for elsewhere), cadets, and aviation cadets; 13 for members of the Reserve Officers’ Training Corps; and 14 for payments pursuant to section 156 of Public Law 97– 15 377, as amended (42 U.S.C. 402 note), and to the Depart16 ment of Defense Military Retirement Fund, 17 $41,045,562,000. 18 19 MILITARY PERSONNEL, NAVY For pay, allowances, individual clothing, subsistence, 20 interest on deposits, gratuities, permanent change of sta21 tion travel (including all expenses thereof for organiza22 tional movements), and expenses of temporary duty travel 23 between permanent duty stations, for members of the 24 Navy on active duty (except members of the Reserve pro25 vided for elsewhere), midshipmen, and aviation cadets; for December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 226 1 members of the Reserve Officers’ Training Corps; and for 2 payments pursuant to section 156 of Public Law 97–377, 3 as amended (42 U.S.C. 402 note), and to the Department 4 of Defense Military Retirement Fund, $27,835,183,000. 5 6 MILITARY PERSONNEL, MARINE CORPS For pay, allowances, individual clothing, subsistence, 7 interest on deposits, gratuities, permanent change of sta8 tion travel (including all expenses thereof for organiza9 tional movements), and expenses of temporary duty travel 10 between permanent duty stations, for members of the Ma11 rine Corps on active duty (except members of the Reserve 12 provided for elsewhere); and for payments pursuant to sec13 tion 156 of Public Law 97–377, as amended (42 U.S.C. 14 402 note), and to the Department of Defense Military Re15 tirement Fund, $12,859,152,000. 16 17 MILITARY PERSONNEL, AIR FORCE For pay, allowances, individual clothing, subsistence, 18 interest on deposits, gratuities, permanent change of sta19 tion travel (including all expenses thereof for organiza20 tional movements), and expenses of temporary duty travel 21 between permanent duty stations, for members of the Air 22 Force on active duty (except members of reserve compo23 nents provided for elsewhere), cadets, and aviation cadets; 24 for members of the Reserve Officers’ Training Corps; and 25 for payments pursuant to section 156 of Public Law 97– December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 227 1 377, as amended (42 U.S.C. 402 note), and to the Depart2 ment of Defense Military Retirement Fund, 3 $27,679,066,000. 4 5 RESERVE PERSONNEL, ARMY For pay, allowances, clothing, subsistence, gratuities, 6 travel, and related expenses for personnel of the Army Re7 serve on active duty under sections 10211, 10302, and 8 3038 of title 10, United States Code, or while serving on 9 active duty under section 12301(d) of title 10, United 10 States Code, in connection with performing duty specified 11 in section 12310(a) of title 10, United States Code, or 12 while undergoing reserve training, or while performing 13 drills or equivalent duty or other duty, and expenses au14 thorized by section 16131 of title 10, United States Code; 15 and for payments to the Department of Defense Military 16 Retirement Fund, $4,463,164,000. 17 18 RESERVE PERSONNEL, NAVY For pay, allowances, clothing, subsistence, gratuities, 19 travel, and related expenses for personnel of the Navy Re20 serve on active duty under section 10211 of title 10, 21 United States Code, or while serving on active duty under 22 section 12301(d) of title 10, United States Code, in con23 nection with performing duty specified in section 12310(a) 24 of title 10, United States Code, or while undergoing re25 serve training, or while performing drills or equivalent December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 228 1 duty, and expenses authorized by section 16131 of title 2 10, United States Code; and for payments to the Depart3 ment of Defense Military Retirement Fund, 4 $1,866,891,000. 5 6 RESERVE PERSONNEL, MARINE CORPS For pay, allowances, clothing, subsistence, gratuities, 7 travel, and related expenses for personnel of the Marine 8 Corps Reserve on active duty under section 10211 of title 9 10, United States Code, or while serving on active duty 10 under section 12301(d) of title 10, United States Code, 11 in connection with performing duty specified in section 12 12310(a) of title 10, United States Code, or while under13 going reserve training, or while performing drills or equiv14 alent duty, and for members of the Marine Corps platoon 15 leaders class, and expenses authorized by section 16131 16 of title 10, United States Code; and for payments to the 17 Department of Defense Military Retirement Fund, 18 $702,481,000. 19 20 RESERVE PERSONNEL, AIR FORCE For pay, allowances, clothing, subsistence, gratuities, 21 travel, and related expenses for personnel of the Air Force 22 Reserve on active duty under sections 10211, 10305, and 23 8038 of title 10, United States Code, or while serving on 24 active duty under section 12301(d) of title 10, United 25 States Code, in connection with performing duty specified December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 229 1 in section 12310(a) of title 10, United States Code, or 2 while undergoing reserve training, or while performing 3 drills or equivalent duty or other duty, and expenses au4 thorized by section 16131 of title 10, United States Code; 5 and for payments to the Department of Defense Military 6 Retirement Fund, $1,682,942,000. 7 8 NATIONAL GUARD PERSONNEL, ARMY For pay, allowances, clothing, subsistence, gratuities, 9 travel, and related expenses for personnel of the Army Na10 tional Guard while on duty under sections 10211, 10302, 11 or 12402 of title 10 or section 708 of title 32, United 12 States Code, or while serving on duty under section 13 12301(d) of title 10 or section 502(f) of title 32, United 14 States Code, in connection with performing duty specified 15 in section 12310(a) of title 10, United States Code, or 16 while undergoing training, or while performing drills or 17 equivalent duty or other duty, and expenses authorized by 18 section 16131 of title 10, United States Code; and for pay19 ments to the Department of Defense Military Retirement 20 Fund, $7,892,327,000. 21 22 NATIONAL GUARD PERSONNEL, AIR FORCE For pay, allowances, clothing, subsistence, gratuities, 23 travel, and related expenses for personnel of the Air Na24 tional Guard on duty under sections 10211, 10305, or 25 12402 of title 10 or section 708 of title 32, United States December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 230 1 Code, or while serving on duty under section 12301(d) of 2 title 10 or section 502(f) of title 32, United States Code, 3 in connection with performing duty specified in section 4 12310(a) of title 10, United States Code, or while under5 going training, or while performing drills or equivalent 6 duty or other duty, and expenses authorized by section 7 16131 of title 10, United States Code; and for payments 8 to the Department of Defense Military Retirement Fund, 9 $3,201,890,000. 10 TITLE II 11 OPERATION AND MAINTENANCE 12 OPERATION 13 AND MAINTENANCE, ARMY For expenses, not otherwise provided for, necessary 14 for the operation and maintenance of the Army, as author15 ized by law, $32,399,440,000: Provided, That not to ex16 ceed $12,478,000 can be used for emergencies and ex17 traordinary expenses, to be expended on the approval or 18 authority of the Secretary of the Army, and payments may 19 be made on his certificate of necessity for confidential mili20 tary purposes. 21 22 OPERATION AND MAINTENANCE, NAVY For expenses, not otherwise provided for, necessary 23 for the operation and maintenance of the Navy and the 24 Marine Corps, as authorized by law, $39,600,172,000: 25 Provided, That not to exceed $15,055,000 can be used for December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 231 1 emergencies and extraordinary expenses, to be expended 2 on the approval or authority of the Secretary of the Navy, 3 and payments may be made on his certificate of necessity 4 for confidential military purposes. 5 OPERATION 6 For expenses, not otherwise provided for, necessary AND MAINTENANCE, MARINE CORPS 7 for the operation and maintenance of the Marine Corps, 8 as authorized by law, $5,718,074,000. 9 OPERATION 10 AND MAINTENANCE, AIR FORCE For expenses, not otherwise provided for, necessary 11 for the operation and maintenance of the Air Force, as 12 authorized by law, $35,727,457,000: Provided, That not 13 to exceed $7,699,000 can be used for emergencies and ex14 traordinary expenses, to be expended on the approval or 15 authority of the Secretary of the Air Force, and payments 16 may be made on his certificate of necessity for confidential 17 military purposes. 18 OPERATION 19 20 AND MAINTENANCE, DEFENSE-WIDE (INCLUDING TRANSFER OF FUNDS) For expenses, not otherwise provided for, necessary 21 for the operation and maintenance of activities and agen22 cies of the Department of Defense (other than the military 23 departments), as authorized by law, $32,105,040,000: 24 Provided, That not more than $15,000,000 may be used 25 for the Combatant Commander Initiative Fund authorized December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 232 1 under section 166a of title 10, United States Code: Pro2 vided further, That not to exceed $36,000,000 can be used 3 for emergencies and extraordinary expenses, to be ex4 pended on the approval or authority of the Secretary of 5 Defense, and payments may be made on his certificate of 6 necessity for confidential military purposes: Provided fur7 ther, That of the funds provided under this heading, not 8 less than $35,045,000 shall be made available for the Pro9 curement Technical Assistance Cooperative Agreement 10 Program, of which not less than $3,600,000 shall be avail11 able for centers defined in 10 U.S.C. 2411(1)(D): Pro12 vided further, That none of the funds appropriated or oth13 erwise made available by this Act may be used to plan 14 or implement the consolidation of a budget or appropria15 tions liaison office of the Office of the Secretary of De16 fense, the office of the Secretary of a military department, 17 or the service headquarters of one of the Armed Forces 18 into a legislative affairs or legislative liaison office: Pro19 vided further, That $9,031,000, to remain available until 20 expended, is available only for expenses relating to certain 21 classified activities, and may be transferred as necessary 22 by the Secretary of Defense to operation and maintenance 23 appropriations or research, development, test and evalua24 tion appropriations, to be merged with and to be available 25 for the same time period as the appropriations to which December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 233 1 transferred: Provided further, That any ceiling on the in2 vestment item unit cost of items that may be purchased 3 with operation and maintenance funds shall not apply to 4 the funds described in the preceding proviso: Provided fur5 ther, That the transfer authority provided under this head6 ing is in addition to any other transfer authority provided 7 elsewhere in this Act. 8 OPERATION 9 For expenses, not otherwise provided for, necessary AND MAINTENANCE, ARMY RESERVE 10 for the operation and maintenance, including training, or11 ganization, and administration, of the Army Reserve; re12 pair of facilities and equipment; hire of passenger motor 13 vehicles; travel and transportation; care of the dead; re14 cruiting; procurement of services, supplies, and equip15 ment; and communications, $2,646,911,000. 16 OPERATION 17 For expenses, not otherwise provided for, necessary AND MAINTENANCE, NAVY RESERVE 18 for the operation and maintenance, including training, or19 ganization, and administration, of the Navy Reserve; re20 pair of facilities and equipment; hire of passenger motor 21 vehicles; travel and transportation; care of the dead; re22 cruiting; procurement of services, supplies, and equip23 ment; and communications, $998,481,000. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 234 1 OPERATION AND 2 MAINTENANCE, MARINE CORPS RESERVE 3 For expenses, not otherwise provided for, necessary 4 for the operation and maintenance, including training, or5 ganization, and administration, of the Marine Corps Re6 serve; repair of facilities and equipment; hire of passenger 7 motor vehicles; travel and transportation; care of the dead; 8 recruiting; procurement of services, supplies, and equip9 ment; and communications, $274,526,000. 10 OPERATION 11 AND MAINTENANCE, AIR FORCE RESERVE For expenses, not otherwise provided for, necessary 12 for the operation and maintenance, including training, or13 ganization, and administration, of the Air Force Reserve; 14 repair of facilities and equipment; hire of passenger motor 15 vehicles; travel and transportation; care of the dead; re16 cruiting; procurement of services, supplies, and equip17 ment; and communications, $2,980,768,000. 18 OPERATION 19 20 AND MAINTENANCE, ARMY NATIONAL GUARD For expenses of training, organizing, and admin- 21 istering the Army National Guard, including medical and 22 hospital treatment and related expenses in non-Federal 23 hospitals; maintenance, operation, and repairs to struc24 tures and facilities; hire of passenger motor vehicles; per25 sonnel services in the National Guard Bureau; travel ex- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 235 1 penses (other than mileage), as authorized by law for 2 Army personnel on active duty, for Army National Guard 3 division, regimental, and battalion commanders while in4 specting units in compliance with National Guard Bureau 5 regulations when specifically authorized by the Chief, Na6 tional Guard Bureau; supplying and equipping the Army 7 National Guard as authorized by law; and expenses of re8 pair, modification, maintenance, and issue of supplies and 9 equipment (including aircraft), $6,595,483,000. 10 OPERATION 11 AND MAINTENANCE, AIR NATIONAL GUARD For expenses of training, organizing, and admin- 12 istering the Air National Guard, including medical and 13 hospital treatment and related expenses in non-Federal 14 hospitals; maintenance, operation, and repairs to struc15 tures and facilities; transportation of things, hire of pas16 senger motor vehicles; supplying and equipping the Air 17 National Guard, as authorized by law; expenses for repair, 18 modification, maintenance, and issue of supplies and 19 equipment, including those furnished from stocks under 20 the control of agencies of the Department of Defense; 21 travel expenses (other than mileage) on the same basis as 22 authorized by law for Air National Guard personnel on 23 active Federal duty, for Air National Guard commanders 24 while inspecting units in compliance with National Guard December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 236 1 Bureau regulations when specifically authorized by the 2 Chief, National Guard Bureau, $6,820,569,000. 3 UNITED STATES COURT 4 5 OF APPEALS FOR THE ARMED FORCES For salaries and expenses necessary for the United 6 States Court of Appeals for the Armed Forces, 7 $14,078,000, of which not to exceed $5,000 may be used 8 for official representation purposes. 9 10 11 ENVIRONMENTAL RESTORATION, ARMY (INCLUDING TRANSFER OF FUNDS) For the Department of the Army, $234,829,000, to 12 remain available until transferred: Provided, That the Sec13 retary of the Army shall, upon determining that such 14 funds are required for environmental restoration, reduc15 tion and recycling of hazardous waste, removal of unsafe 16 buildings and debris of the Department of the Army, or 17 for similar purposes, transfer the funds made available by 18 this appropriation to other appropriations made available 19 to the Department of the Army, to be merged with and 20 to be available for the same purposes and for the same 21 time period as the appropriations to which transferred: 22 Provided further, That upon a determination that all or 23 part of the funds transferred from this appropriation are 24 not necessary for the purposes provided herein, such 25 amounts may be transferred back to this appropriation: December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 237 1 Provided further, That the transfer authority provided 2 under this heading is in addition to any other transfer au3 thority provided elsewhere in this Act. 4 ENVIRONMENTAL RESTORATION, NAVY 5 (INCLUDING TRANSFER OF FUNDS) 6 For the Department of the Navy, $300,000,000, to 7 remain available until transferred: Provided, That the Sec8 retary of the Navy shall, upon determining that such 9 funds are required for environmental restoration, reduc10 tion and recycling of hazardous waste, removal of unsafe 11 buildings and debris of the Department of the Navy, or 12 for similar purposes, transfer the funds made available by 13 this appropriation to other appropriations made available 14 to the Department of the Navy, to be merged with and 15 to be available for the same purposes and for the same 16 time period as the appropriations to which transferred: 17 Provided further, That upon a determination that all or 18 part of the funds transferred from this appropriation are 19 not necessary for the purposes provided herein, such 20 amounts may be transferred back to this appropriation: 21 Provided further, That the transfer authority provided 22 under this heading is in addition to any other transfer au23 thority provided elsewhere in this Act. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 238 1 ENVIRONMENTAL RESTORATION, AIR FORCE 2 (INCLUDING TRANSFER OF FUNDS) 3 For the Department of the Air Force, $368,131,000, 4 to remain available until transferred: Provided, That the 5 Secretary of the Air Force shall, upon determining that 6 such funds are required for environmental restoration, re7 duction and recycling of hazardous waste, removal of un8 safe buildings and debris of the Department of the Air 9 Force, or for similar purposes, transfer the funds made 10 available by this appropriation to other appropriations 11 made available to the Department of the Air Force, to be 12 merged with and to be available for the same purposes 13 and for the same time period as the appropriations to 14 which transferred: Provided further, That upon a deter15 mination that all or part of the funds transferred from 16 this appropriation are not necessary for the purposes pro17 vided herein, such amounts may be transferred back to 18 this appropriation: Provided further, That the transfer au19 thority provided under this heading is in addition to any 20 other transfer authority provided elsewhere in this Act. 21 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE 22 (INCLUDING TRANSFER OF FUNDS) 23 For the Department of Defense, $8,232,000, to re- 24 main available until transferred: Provided, That the Sec25 retary of Defense shall, upon determining that such funds December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 239 1 are required for environmental restoration, reduction and 2 recycling of hazardous waste, removal of unsafe buildings 3 and debris of the Department of Defense, or for similar 4 purposes, transfer the funds made available by this appro5 priation to other appropriations made available to the De6 partment of Defense, to be merged with and to be avail7 able for the same purposes and for the same time period 8 as the appropriations to which transferred: Provided fur9 ther, That upon a determination that all or part of the 10 funds transferred from this appropriation are not nec11 essary for the purposes provided herein, such amounts 12 may be transferred back to this appropriation: Provided 13 further, That the transfer authority provided under this 14 heading is in addition to any other transfer authority pro15 vided elsewhere in this Act. 16 ENVIRONMENTAL RESTORATION, FORMERLY USED 17 DEFENSE SITES 18 (INCLUDING TRANSFER OF FUNDS) 19 For the Department of the Army, $231,217,000, to 20 remain available until transferred: Provided, That the Sec21 retary of the Army shall, upon determining that such 22 funds are required for environmental restoration, reduc23 tion and recycling of hazardous waste, removal of unsafe 24 buildings and debris at sites formerly used by the Depart25 ment of Defense, transfer the funds made available by this December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 240 1 appropriation to other appropriations made available to 2 the Department of the Army, to be merged with and to 3 be available for the same purposes and for the same time 4 period as the appropriations to which transferred: Pro5 vided further, That upon a determination that all or part 6 of the funds transferred from this appropriation are not 7 necessary for the purposes provided herein, such amounts 8 may be transferred back to this appropriation: Provided 9 further, That the transfer authority provided under this 10 heading is in addition to any other transfer authority pro11 vided elsewhere in this Act. 12 OVERSEAS HUMANITARIAN, DISASTER, 13 AND CIVIC AID For expenses relating to the Overseas Humanitarian, 14 Disaster, and Civic Aid programs of the Department of 15 Defense (consisting of the programs provided under sec16 tions 401, 402, 404, 407, 2557, and 2561 of title 10, 17 United States Code), $103,266,000, to remain available 18 until September 30, 2017. 19 20 COOPERATIVE THREAT REDUCTION ACCOUNT For assistance to the republics of the former Soviet 21 Union and, with appropriate authorization by the Depart22 ment of Defense and Department of State, to countries 23 outside of the former Soviet Union, including assistance 24 provided by contract or by grants, for facilitating the 25 elimination and the safe and secure transportation and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 241 1 storage of nuclear, chemical and other weapons; for estab2 lishing programs to prevent the proliferation of weapons, 3 weapons components, and weapon-related technology and 4 expertise; for programs relating to the training and sup5 port of defense and military personnel for demilitarization 6 and protection of weapons, weapons components, and 7 weapons technology and expertise, and for defense and 8 military contacts, $358,496,000, to remain available until 9 September 30, 2018. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 242 1 TITLE III 2 PROCUREMENT 3 AIRCRAFT PROCUREMENT, ARMY 4 For construction, procurement, production, modifica- 5 tion, and modernization of aircraft, equipment, including 6 ordnance, ground handling equipment, spare parts, and 7 accessories therefor; specialized equipment and training 8 devices; expansion of public and private plants, including 9 the land necessary therefor, for the foregoing purposes, 10 and such lands and interests therein, may be acquired, 11 and construction prosecuted thereon prior to approval of 12 title; and procurement and installation of equipment, ap13 pliances, and machine tools in public and private plants; 14 reserve plant and Government and contractor-owned 15 equipment layaway; and other expenses necessary for the 16 foregoing purposes, $5,866,367,000, to remain available 17 for obligation until September 30, 2018. 18 19 MISSILE PROCUREMENT, ARMY For construction, procurement, production, modifica- 20 tion, and modernization of missiles, equipment, including 21 ordnance, ground handling equipment, spare parts, and 22 accessories therefor; specialized equipment and training 23 devices; expansion of public and private plants, including 24 the land necessary therefor, for the foregoing purposes, 25 and such lands and interests therein, may be acquired, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 243 1 and construction prosecuted thereon prior to approval of 2 title; and procurement and installation of equipment, ap3 pliances, and machine tools in public and private plants; 4 reserve plant and Government and contractor-owned 5 equipment layaway; and other expenses necessary for the 6 foregoing purposes, $1,600,957,000, to remain available 7 for obligation until September 30, 2018. 8 PROCUREMENT 9 10 OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY For construction, procurement, production, and 11 modification of weapons and tracked combat vehicles, 12 equipment, including ordnance, spare parts, and acces13 sories therefor; specialized equipment and training devices; 14 expansion of public and private plants, including the land 15 necessary therefor, for the foregoing purposes, and such 16 lands and interests therein, may be acquired, and con17 struction prosecuted thereon prior to approval of title; and 18 procurement and installation of equipment, appliances, 19 and machine tools in public and private plants; reserve 20 plant and Government and contractor-owned equipment 21 layaway; and other expenses necessary for the foregoing 22 purposes, $1,951,646,000, to remain available for obliga23 tion until September 30, 2018. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 244 1 2 PROCUREMENT OF AMMUNITION, ARMY For construction, procurement, production, and 3 modification of ammunition, and accessories therefor; spe4 cialized equipment and training devices; expansion of pub5 lic and private plants, including ammunition facilities, au6 thorized by section 2854 of title 10, United States Code, 7 and the land necessary therefor, for the foregoing pur8 poses, and such lands and interests therein, may be ac9 quired, and construction prosecuted thereon prior to ap10 proval of title; and procurement and installation of equip11 ment, appliances, and machine tools in public and private 12 plants; reserve plant and Government and contractor13 owned equipment layaway; and other expenses necessary 14 for the foregoing purposes, $1,245,426,000, to remain 15 available for obligation until September 30, 2018. 16 17 OTHER PROCUREMENT, ARMY For construction, procurement, production, and 18 modification of vehicles, including tactical, support, and 19 non-tracked combat vehicles; the purchase of passenger 20 motor vehicles for replacement only; communications and 21 electronic equipment; other support equipment; spare 22 parts, ordnance, and accessories therefor; specialized 23 equipment and training devices; expansion of public and 24 private plants, including the land necessary therefor, for 25 the foregoing purposes, and such lands and interests December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 245 1 therein, may be acquired, and construction prosecuted 2 thereon prior to approval of title; and procurement and 3 installation of equipment, appliances, and machine tools 4 in public and private plants; reserve plant and Govern5 ment and contractor-owned equipment layaway; and other 6 expenses necessary for the foregoing purposes, 7 $5,718,811,000, to remain available for obligation until 8 September 30, 2018. 9 10 AIRCRAFT PROCUREMENT, NAVY For construction, procurement, production, modifica- 11 tion, and modernization of aircraft, equipment, including 12 ordnance, spare parts, and accessories therefor; specialized 13 equipment; expansion of public and private plants, includ14 ing the land necessary therefor, and such lands and inter15 ests therein, may be acquired, and construction prosecuted 16 thereon prior to approval of title; and procurement and 17 installation of equipment, appliances, and machine tools 18 in public and private plants; reserve plant and Govern19 ment and contractor-owned equipment layaway, 20 $17,521,209,000, to remain available for obligation until 21 September 30, 2018. 22 23 WEAPONS PROCUREMENT, NAVY For construction, procurement, production, modifica- 24 tion, and modernization of missiles, torpedoes, other weap25 ons, and related support equipment including spare parts, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 246 1 and accessories therefor; expansion of public and private 2 plants, including the land necessary therefor, and such 3 lands and interests therein, may be acquired, and con4 struction prosecuted thereon prior to approval of title; and 5 procurement and installation of equipment, appliances, 6 and machine tools in public and private plants; reserve 7 plant and Government and contractor-owned equipment 8 layaway, $3,049,542,000, to remain available for obliga9 tion until September 30, 2018. 10 PROCUREMENT 11 12 OF AMMUNITION, NAVY AND MARINE CORPS For construction, procurement, production, and 13 modification of ammunition, and accessories therefor; spe14 cialized equipment and training devices; expansion of pub15 lic and private plants, including ammunition facilities, au16 thorized by section 2854 of title 10, United States Code, 17 and the land necessary therefor, for the foregoing pur18 poses, and such lands and interests therein, may be ac19 quired, and construction prosecuted thereon prior to ap20 proval of title; and procurement and installation of equip21 ment, appliances, and machine tools in public and private 22 plants; reserve plant and Government and contractor23 owned equipment layaway; and other expenses necessary 24 for the foregoing purposes, $651,920,000, to remain avail25 able for obligation until September 30, 2018. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 247 1 2 SHIPBUILDING AND CONVERSION, NAVY For expenses necessary for the construction, acquisi- 3 tion, or conversion of vessels as authorized by law, includ4 ing armor and armament thereof, plant equipment, appli5 ances, and machine tools and installation thereof in public 6 and private plants; reserve plant and Government and con7 tractor-owned equipment layaway; procurement of critical, 8 long lead time components and designs for vessels to be 9 constructed or converted in the future; and expansion of 10 public and private plants, including land necessary there11 for, and such lands and interests therein, may be acquired, 12 and construction prosecuted thereon prior to approval of 13 title, as follows: 14 Carrier Replacement Program, $1,569,571,000; 15 Carrier 16 Replacement Program (AP), $862,358,000; 17 Virginia Class Submarine, $3,346,370,000; 18 Virginia 19 $1,971,840,000; Class Submarine (AP), 20 CVN Refueling Overhauls, $637,588,000; 21 CVN Refueling Overhauls (AP), $14,951,000; 22 DDG–1000 Program, $433,404,000; 23 DDG–51 Destroyer, $4,132,650,000; 24 Littoral Combat Ship, $1,331,591,000; 25 LPD–17, $550,000,000; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 248 1 Afloat Forward Staging Base, $635,000,000; 2 LHA Replacement (AP), $476,543,000; 3 LX(R) (AP), $250,000,000; 4 Joint High Speed Vessel, $225,000,000; 5 TAO Fleet Oiler, $674,190,000; 6 T–ATS(X) Fleet Tug, $75,000,000; 7 LCU Replacement, $34,000,000; 8 Moored Training Ship (AP), $138,200,000; 9 Ship to Shore Connector, $210,630,000; 10 Service Craft, $30,014,000; 11 LCAC 12 $80,738,000; 13 YP 14 15 16 17 Service Craft Life Extension Program, Maintenance/ROH/SLEP, $21,838,000; and For outfitting, post delivery, conversions, and first destination transportation, $613,758,000. Completion of Prior Year Shipbuilding Pro- 18 grams, $389,305,000. 19 In all: $18,704,539,000, to remain available for obli- 20 gation until September 30, 2020: Provided, That addi21 tional obligations may be incurred after September 30, 22 2020, for engineering services, tests, evaluations, and 23 other such budgeted work that must be performed in the 24 final stage of ship construction: Provided further, That 25 none of the funds provided under this heading for the con- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 249 1 struction or conversion of any naval vessel to be con2 structed in shipyards in the United States shall be ex3 pended in foreign facilities for the construction of major 4 components of such vessel: Provided further, That none 5 of the funds provided under this heading shall be used 6 for the construction of any naval vessel in foreign ship7 yards. 8 9 OTHER PROCUREMENT, NAVY For procurement, production, and modernization of 10 support equipment and materials not otherwise provided 11 for, Navy ordnance (except ordnance for new aircraft, new 12 ships, and ships authorized for conversion); the purchase 13 of passenger motor vehicles for replacement only; expan14 sion of public and private plants, including the land nec15 essary therefor, and such lands and interests therein, may 16 be acquired, and construction prosecuted thereon prior to 17 approval of title; and procurement and installation of 18 equipment, appliances, and machine tools in public and 19 private plants; reserve plant and Government and con20 tractor-owned equipment layaway, $6,484,257,000, to re21 main available for obligation until September 30, 2018. 22 23 PROCUREMENT, MARINE CORPS For expenses necessary for the procurement, manu- 24 facture, and modification of missiles, armament, military 25 equipment, spare parts, and accessories therefor; plant December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 250 1 equipment, appliances, and machine tools, and installation 2 thereof in public and private plants; reserve plant and 3 Government and contractor-owned equipment layaway; ve4 hicles for the Marine Corps, including the purchase of pas5 senger motor vehicles for replacement only; and expansion 6 of public and private plants, including land necessary 7 therefor, and such lands and interests therein, may be ac8 quired, and construction prosecuted thereon prior to ap9 proval of title, $1,186,812,000, to remain available for ob10 ligation until September 30, 2018. 11 12 AIRCRAFT PROCUREMENT, AIR FORCE For construction, procurement, and modification of 13 aircraft and equipment, including armor and armament, 14 specialized ground handling equipment, and training de15 vices, spare parts, and accessories therefor; specialized 16 equipment; expansion of public and private plants, Gov17 ernment-owned equipment and installation thereof in such 18 plants, erection of structures, and acquisition of land, for 19 the foregoing purposes, and such lands and interests 20 therein, may be acquired, and construction prosecuted 21 thereon prior to approval of title; reserve plant and Gov22 ernment and contractor-owned equipment layaway; and 23 other expenses necessary for the foregoing purposes in24 cluding December 16, 2015 (1:04 a.m.) rents and transportation of things, U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 251 1 $15,756,853,000, to remain available for obligation until 2 September 30, 2018. 3 4 MISSILE PROCUREMENT, AIR FORCE For construction, procurement, and modification of 5 missiles, rockets, and related equipment, including spare 6 parts and accessories therefor; ground handling equip7 ment, and training devices; expansion of public and pri8 vate plants, Government-owned equipment and installa9 tion thereof in such plants, erection of structures, and ac10 quisition of land, for the foregoing purposes, and such 11 lands and interests therein, may be acquired, and con12 struction prosecuted thereon prior to approval of title; re13 serve plant and Government and contractor-owned equip14 ment layaway; and other expenses necessary for the fore15 going purposes including rents and transportation of 16 things, $2,912,131,000, to remain available for obligation 17 until September 30, 2018. 18 19 SPACE PROCUREMENT, AIR FORCE For construction, procurement, and modification of 20 spacecraft, rockets, and related equipment, including 21 spare parts and accessories therefor; ground handling 22 equipment, and training devices; expansion of public and 23 private plants, Government-owned equipment and installa24 tion thereof in such plants, erection of structures, and ac25 quisition of land, for the foregoing purposes, and such December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 252 1 lands and interests therein, may be acquired, and con2 struction prosecuted thereon prior to approval of title; re3 serve plant and Government and contractor-owned equip4 ment layaway; and other expenses necessary for the fore5 going purposes including rents and transportation of 6 things, $2,812,159,000, to remain available for obligation 7 until September 30, 2018. 8 9 PROCUREMENT OF AMMUNITION, AIR FORCE For construction, procurement, production, and 10 modification of ammunition, and accessories therefor; spe11 cialized equipment and training devices; expansion of pub12 lic and private plants, including ammunition facilities, au13 thorized by section 2854 of title 10, United States Code, 14 and the land necessary therefor, for the foregoing pur15 poses, and such lands and interests therein, may be ac16 quired, and construction prosecuted thereon prior to ap17 proval of title; and procurement and installation of equip18 ment, appliances, and machine tools in public and private 19 plants; reserve plant and Government and contractor20 owned equipment layaway; and other expenses necessary 21 for the foregoing purposes, $1,744,993,000, to remain 22 available for obligation until September 30, 2018. 23 24 OTHER PROCUREMENT, AIR FORCE For procurement and modification of equipment (in- 25 cluding ground guidance and electronic control equipment, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 253 1 and ground electronic and communication equipment), 2 and supplies, materials, and spare parts therefor, not oth3 erwise provided for; the purchase of passenger motor vehi4 cles for replacement only; lease of passenger motor vehi5 cles; and expansion of public and private plants, Govern6 ment-owned equipment and installation thereof in such 7 plants, erection of structures, and acquisition of land, for 8 the foregoing purposes, and such lands and interests 9 therein, may be acquired, and construction prosecuted 10 thereon, prior to approval of title; reserve plant and Gov11 ernment and contractor-owned equipment layaway, 12 $18,311,882,000, to remain available for obligation until 13 September 30, 2018. 14 15 PROCUREMENT, DEFENSE-WIDE For expenses of activities and agencies of the Depart- 16 ment of Defense (other than the military departments) 17 necessary for procurement, production, and modification 18 of equipment, supplies, materials, and spare parts there19 for, not otherwise provided for; the purchase of passenger 20 motor vehicles for replacement only; expansion of public 21 and private plants, equipment, and installation thereof in 22 such plants, erection of structures, and acquisition of land 23 for the foregoing purposes, and such lands and interests 24 therein, may be acquired, and construction prosecuted 25 thereon prior to approval of title; reserve plant and Gov- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 254 1 ernment and contractor-owned equipment layaway, 2 $5,245,443,000, to remain available for obligation until 3 September 30, 2018. 4 DEFENSE PRODUCTION ACT PURCHASES 5 For activities by the Department of Defense pursuant 6 to sections 108, 301, 302, and 303 of the Defense Produc7 tion Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 8 2093), $76,680,000, to remain available until expended. 9 TITLE IV 10 RESEARCH, DEVELOPMENT, TEST AND 11 EVALUATION 12 RESEARCH, DEVELOPMENT, TEST 13 AND EVALUATION, ARMY 14 For expenses necessary for basic and applied sci- 15 entific research, development, test and evaluation, includ16 ing maintenance, rehabilitation, lease, and operation of fa17 cilities and equipment, $7,565,327,000, to remain avail18 able for obligation until September 30, 2017. 19 RESEARCH, DEVELOPMENT, TEST 20 21 AND EVALUATION, NAVY For expenses necessary for basic and applied sci- 22 entific research, development, test and evaluation, includ23 ing maintenance, rehabilitation, lease, and operation of fa24 cilities and equipment, $18,117,677,000, to remain avail25 able for obligation until September 30, 2017: Provided, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 255 1 That funds appropriated in this paragraph which are 2 available for the V–22 may be used to meet unique oper3 ational requirements of the Special Operations Forces. 4 RESEARCH, DEVELOPMENT, TEST 5 AND EVALUATION, AIR FORCE 6 For expenses necessary for basic and applied sci- 7 entific research, development, test and evaluation, includ8 ing maintenance, rehabilitation, lease, and operation of fa9 cilities and equipment, $25,217,148,000, to remain avail10 able for obligation until September 30, 2017. 11 RESEARCH, DEVELOPMENT, TEST 12 DEFENSE-WIDE 13 (INCLUDING TRANSFER OF FUNDS) 14 AND EVALUATION, For expenses of activities and agencies of the Depart- 15 ment of Defense (other than the military departments), 16 necessary for basic and applied scientific research, devel17 opment, test and evaluation; advanced research projects 18 as may be designated and determined by the Secretary 19 of Defense, pursuant to law; maintenance, rehabilitation, 20 lease, and operation of facilities and equipment, 21 $18,695,955,000, to remain available for obligation until 22 September 30, 2017: Provided, That, of the funds made 23 available in this paragraph, $250,000,000 for the Defense 24 Rapid Innovation Program shall only be available for ex25 penses, not otherwise provided for, to include program December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 256 1 management and oversight, to conduct research, develop2 ment, test and evaluation to include proof of concept dem3 onstration; engineering, testing, and validation; and tran4 sition to full-scale production: Provided further, That the 5 Secretary of Defense may transfer funds provided herein 6 for the Defense Rapid Innovation Program to appropria7 tions for research, development, test and evaluation to ac8 complish the purpose provided herein: Provided further, 9 That this transfer authority is in addition to any other 10 transfer authority available to the Department of Defense: 11 Provided further, That the Secretary of Defense shall, not 12 fewer than 30 days prior to making transfers from this 13 appropriation, notify the congressional defense committees 14 in writing of the details of any such transfer. 15 OPERATIONAL TEST 16 AND EVALUATION, DEFENSE For expenses, not otherwise provided for, necessary 17 for the independent activities of the Director, Operational 18 Test and Evaluation, in the direction and supervision of 19 operational test and evaluation, including initial oper20 ational test and evaluation which is conducted prior to, 21 and in support of, production decisions; joint operational 22 testing and evaluation; and administrative expenses in 23 connection therewith, $188,558,000, to remain available 24 for obligation until September 30, 2017. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 257 1 TITLE V 2 REVOLVING AND MANAGEMENT FUNDS 3 DEFENSE WORKING CAPITAL FUNDS 4 For the Defense Working Capital Funds, 5 $1,738,768,000. 6 7 NATIONAL DEFENSE SEALIFT FUND For National Defense Sealift Fund programs, 8 projects, and activities, and for expenses of the National 9 Defense Reserve Fleet, as established by section 11 of the 10 Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744), 11 and for the necessary expenses to maintain and preserve 12 a U.S.-flag merchant fleet to serve the national security 13 needs of the United States, $474,164,000, to remain avail14 able until expended: Provided, That none of the funds pro15 vided in this paragraph shall be used to award a new con16 tract that provides for the acquisition of any of the fol17 lowing major components unless such components are 18 manufactured in the United States: auxiliary equipment, 19 including pumps, for all shipboard services; propulsion 20 system components (engines, reduction gears, and propel21 lers); shipboard cranes; and spreaders for shipboard 22 cranes: Provided further, That the exercise of an option 23 in a contract awarded through the obligation of previously 24 appropriated funds shall not be considered to be the award 25 of a new contract: Provided further, That none of the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 258 1 funds provided in this paragraph shall be used to award 2 a new contract for the construction, acquisition, or conver3 sion of vessels, including procurement of critical, long lead 4 time components and designs for vessels to be constructed 5 or converted in the future: Provided further, That the Sec6 retary of the military department responsible for such pro7 curement may waive the restrictions in the first proviso 8 on a case-by-case basis by certifying in writing to the 9 Committees on Appropriations of the House of Represent10 atives and the Senate that adequate domestic supplies are 11 not available to meet Department of Defense requirements 12 on a timely basis and that such an acquisition must be 13 made in order to acquire capability for national security 14 purposes. 15 TITLE VI 16 OTHER DEPARTMENT OF DEFENSE PROGRAMS 17 18 DEFENSE HEALTH PROGRAM For expenses, not otherwise provided for, for medical 19 and health care programs of the Department of Defense 20 as authorized by law, $32,329,490,000; of which 21 $29,842,167,000 shall be for operation and maintenance, 22 of which not to exceed one percent shall remain available 23 for obligation until September 30, 2017, and of which up 24 to $14,579,612,000 may be available for contracts entered 25 into December 16, 2015 (1:04 a.m.) under the TRICARE program; of which U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 259 1 $365,390,000, to remain available for obligation until Sep2 tember 30, 2018, shall be for procurement; and of which 3 $2,121,933,000, to remain available for obligation until 4 September 30, 2017, shall be for research, development, 5 test and evaluation: Provided, That, notwithstanding any 6 other provision of law, of the amount made available under 7 this heading for research, development, test and evalua8 tion, not less than $8,000,000 shall be available for HIV 9 prevention educational activities undertaken in connection 10 with United States military training, exercises, and hu11 manitarian assistance activities conducted primarily in Af12 rican nations: Provided further, That of the funds provided 13 under this heading for research, development, test and 14 evaluation, not less than $943,300,000 shall be made 15 available to the United States Army Medical Research and 16 Materiel Command to carry out the congressionally di17 rected medical research programs. 18 CHEMICAL AGENTS 19 20 AND MUNITIONS DESTRUCTION, DEFENSE For expenses, not otherwise provided for, necessary 21 for the destruction of the United States stockpile of lethal 22 chemical agents and munitions in accordance with the pro23 visions of section 1412 of the Department of Defense Au24 thorization Act, 1986 (50 U.S.C. 1521), and for the de25 struction of other chemical warfare materials that are not December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 260 1 in the chemical weapon stockpile, $699,821,000, of which 2 $118,198,000 shall be for operation and maintenance, of 3 which no less than $50,743,000 shall be for the Chemical 4 Stockpile Emergency Preparedness Program, consisting of 5 $21,289,000 for activities on military installations and 6 $29,454,000, to remain available until September 30, 7 2017, to assist State and local governments; $2,281,000 8 shall be for procurement, to remain available until Sep9 tember 30, 2018, of which $2,281,000 shall be for the 10 Chemical Stockpile Emergency Preparedness Program to 11 assist State and local governments; and $579,342,000, to 12 remain available until September 30, 2017, shall be for 13 research, development, test and evaluation, of which 14 $569,339,000 shall only be for the Assembled Chemical 15 Weapons Alternatives program. 16 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 17 DEFENSE 18 (INCLUDING TRANSFER OF FUNDS) 19 For drug interdiction and counter-drug activities of 20 the Department of Defense, for transfer to appropriations 21 available to the Department of Defense for military per22 sonnel of the reserve components serving under the provi23 sions of title 10 and title 32, United States Code; for oper24 ation and maintenance; for procurement; and for research, 25 development, test and evaluation, $1,050,598,000, of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 261 1 which $716,109,000 shall be for counter-narcotics sup2 port; $121,589,000 shall be for the drug demand reduc3 tion program; $192,900,000 shall be for the National 4 Guard counter-drug program; and $20,000,000 shall be 5 for the National Guard counter-drug schools program: 6 Provided, That the funds appropriated under this heading 7 shall be available for obligation for the same time period 8 and for the same purpose as the appropriation to which 9 transferred: Provided further, That upon a determination 10 that all or part of the funds transferred from this appro11 priation are not necessary for the purposes provided here12 in, such amounts may be transferred back to this appro13 priation: Provided further, That the transfer authority pro14 vided under this heading is in addition to any other trans15 fer authority contained elsewhere in this Act. 16 17 OFFICE OF THE INSPECTOR GENERAL For expenses and activities of the Office of the In- 18 spector General in carrying out the provisions of the In19 spector General Act of 1978, as amended, $312,559,000, 20 of which $310,459,000 shall be for operation and mainte21 nance, of which not to exceed $700,000 is available for 22 emergencies and extraordinary expenses to be expended on 23 the approval or authority of the Inspector General, and 24 payments may be made on the Inspector General’s certifi25 cate of necessity for confidential military purposes; and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 262 1 of which $2,100,000, to remain available until September 2 30, 2017, shall be for research, development, test and eval3 uation. 4 TITLE VII 5 RELATED AGENCIES 6 CENTRAL INTELLIGENCE AGENCY RETIREMENT 7 AND DISABILITY SYSTEM FUND 8 For payment to the Central Intelligence Agency Re- 9 tirement and Disability System Fund, to maintain the 10 proper funding level for continuing the operation of the 11 Central Intelligence Agency Retirement and Disability 12 System, $514,000,000. 13 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT 14 For necessary expenses of the Intelligence Commu- 15 nity Management Account, $505,206,000. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 263 1 TITLE VIII 2 GENERAL PROVISIONS 3 SEC. 8001. No part of any appropriation contained 4 in this Act shall be used for publicity or propaganda pur5 poses not authorized by the Congress. 6 SEC. 8002. During the current fiscal year, provisions 7 of law prohibiting the payment of compensation to, or em8 ployment of, any person not a citizen of the United States 9 shall not apply to personnel of the Department of Defense: 10 Provided, That salary increases granted to direct and indi11 rect hire foreign national employees of the Department of 12 Defense funded by this Act shall not be at a rate in excess 13 of the percentage increase authorized by law for civilian 14 employees of the Department of Defense whose pay is 15 computed under the provisions of section 5332 of title 5, 16 United States Code, or at a rate in excess of the percent17 age increase provided by the appropriate host nation to 18 its own employees, whichever is higher: Provided further, 19 That this section shall not apply to Department of De20 fense foreign service national employees serving at United 21 States diplomatic missions whose pay is set by the Depart22 ment of State under the Foreign Service Act of 1980: Pro23 vided further, That the limitations of this provision shall 24 not apply to foreign national employees of the Department 25 of Defense in the Republic of Turkey. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 264 1 SEC. 8003. No part of any appropriation contained 2 in this Act shall remain available for obligation beyond 3 the current fiscal year, unless expressly so provided herein. 4 SEC. 8004. No more than 20 percent of the appro- 5 priations in this Act which are limited for obligation dur6 ing the current fiscal year shall be obligated during the 7 last 2 months of the fiscal year: Provided, That this sec8 tion shall not apply to obligations for support of active 9 duty training of reserve components or summer camp 10 training of the Reserve Officers’ Training Corps. 11 12 (TRANSFER OF FUNDS) SEC. 8005. Upon determination by the Secretary of 13 Defense that such action is necessary in the national inter14 est, he may, with the approval of the Office of Manage15 ment and Budget, transfer not to exceed $4,500,000,000 16 of working capital funds of the Department of Defense 17 or funds made available in this Act to the Department 18 of Defense for military functions (except military con19 struction) between such appropriations or funds or any 20 subdivision thereof, to be merged with and to be available 21 for the same purposes, and for the same time period, as 22 the appropriation or fund to which transferred: Provided, 23 That such authority to transfer may not be used unless 24 for higher priority items, based on unforeseen military re25 quirements, than those for which originally appropriated December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 265 1 and in no case where the item for which funds are re2 quested has been denied by the Congress: Provided further, 3 That the Secretary of Defense shall notify the Congress 4 promptly of all transfers made pursuant to this authority 5 or any other authority in this Act: Provided further, That 6 no part of the funds in this Act shall be available to pre7 pare or present a request to the Committees on Appropria8 tions for reprogramming of funds, unless for higher pri9 ority items, based on unforeseen military requirements, 10 than those for which originally appropriated and in no 11 case where the item for which reprogramming is requested 12 has been denied by the Congress: Provided further, That 13 a request for multiple reprogrammings of funds using au14 thority provided in this section shall be made prior to June 15 30, 2016: Provided further, That transfers among military 16 personnel appropriations shall not be taken into account 17 for purposes of the limitation on the amount of funds that 18 may be transferred under this section. 19 SEC. 8006. (a) With regard to the list of specific pro- 20 grams, projects, and activities (and the dollar amounts 21 and adjustments to budget activities corresponding to 22 such programs, projects, and activities) contained in the 23 tables titled ‘‘Explanation of Project Level Adjustments’’ 24 in the explanatory statement regarding this Act, the obli25 gation and expenditure of amounts appropriated or other- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 266 1 wise made available in this Act for those programs, 2 projects, and activities for which the amounts appro3 priated exceed the amounts requested are hereby required 4 by law to be carried out in the manner provided by such 5 tables to the same extent as if the tables were included 6 in the text of this Act. 7 (b) Amounts specified in the referenced tables de- 8 scribed in subsection (a) shall not be treated as subdivi9 sions of appropriations for purposes of section 8005 of this 10 Act: Provided, That section 8005 shall apply when trans11 fers of the amounts described in subsection (a) occur be12 tween appropriation accounts. 13 SEC. 8007. (a) Not later than 60 days after enact- 14 ment of this Act, the Department of Defense shall submit 15 a report to the congressional defense committees to estab16 lish the baseline for application of reprogramming and 17 transfer authorities for fiscal year 2016: Provided, That 18 the report shall include— 19 (1) a table for each appropriation with a sepa- 20 rate column to display the President’s budget re- 21 quest, adjustments made by Congress, adjustments 22 due to enacted rescissions, if appropriate, and the 23 fiscal year enacted level; 24 (2) a delineation in the table for each appro- 25 priation both by budget activity and program, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 267 1 project, and activity as detailed in the Budget Ap- 2 pendix; and 3 (3) an identification of items of special congres- 4 sional interest. 5 (b) Notwithstanding section 8005 of this Act, none 6 of the funds provided in this Act shall be available for 7 reprogramming or transfer until the report identified in 8 subsection (a) is submitted to the congressional defense 9 committees, unless the Secretary of Defense certifies in 10 writing to the congressional defense committees that such 11 reprogramming or transfer is necessary as an emergency 12 requirement: Provided, That this subsection shall not 13 apply to transfers from the following appropriations ac14 counts: 15 (1) ‘‘Environmental Restoration, Army’’; 16 (2) ‘‘Environmental Restoration, Navy’’; 17 (3) ‘‘Environmental Restoration, Air Force’’; 18 (4) 19 20 21 22 23 ‘‘Environmental Restoration, Defense- Restoration, Formerly wide’’; and (5) ‘‘Environmental Used Defense Sites’’. (TRANSFER OF FUNDS) SEC. 8008. During the current fiscal year, cash bal- 24 ances in working capital funds of the Department of De25 fense established pursuant to section 2208 of title 10, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 268 1 United States Code, may be maintained in only such 2 amounts as are necessary at any time for cash disburse3 ments to be made from such funds: Provided, That trans4 fers may be made between such funds: Provided further, 5 That transfers may be made between working capital 6 funds and the ‘‘Foreign Currency Fluctuations, Defense’’ 7 appropriation and the ‘‘Operation and Maintenance’’ ap8 propriation accounts in such amounts as may be deter9 mined by the Secretary of Defense, with the approval of 10 the Office of Management and Budget, except that such 11 transfers may not be made unless the Secretary of Defense 12 has notified the Congress of the proposed transfer: Pro13 vided further, That except in amounts equal to the 14 amounts appropriated to working capital funds in this Act, 15 no obligations may be made against a working capital fund 16 to procure or increase the value of war reserve material 17 inventory, unless the Secretary of Defense has notified the 18 Congress prior to any such obligation. 19 SEC. 8009. Funds appropriated by this Act may not 20 be used to initiate a special access program without prior 21 notification 30 calendar days in advance to the congres22 sional defense committees. 23 SEC. 8010. None of the funds provided in this Act 24 shall be available to initiate: (1) a multiyear contract that 25 employs economic order quantity procurement in excess of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 269 1 $20,000,000 in any one year of the contract or that in2 cludes an unfunded contingent liability in excess of 3 $20,000,000; or (2) a contract for advance procurement 4 leading to a multiyear contract that employs economic 5 order quantity procurement in excess of $20,000,000 in 6 any one year, unless the congressional defense committees 7 have been notified at least 30 days in advance of the pro8 posed contract award: Provided, That no part of any ap9 propriation contained in this Act shall be available to ini10 tiate a multiyear contract for which the economic order 11 quantity advance procurement is not funded at least to 12 the limits of the Government’s liability: Provided further, 13 That no part of any appropriation contained in this Act 14 shall be available to initiate multiyear procurement con15 tracts for any systems or component thereof if the value 16 of the multiyear contract would exceed $500,000,000 un17 less specifically provided in this Act: Provided further, 18 That no multiyear procurement contract can be termi19 nated without 30-day prior notification to the congres20 sional defense committees: Provided further, That the exe21 cution of multiyear authority shall require the use of a 22 present value analysis to determine lowest cost compared 23 to an annual procurement: Provided further, That none of 24 the funds provided in this Act may be used for a multiyear December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 270 1 contract executed after the date of the enactment of this 2 Act unless in the case of any such contract— 3 (1) the Secretary of Defense has submitted to 4 Congress a budget request for full funding of units 5 to be procured through the contract and, in the case 6 of a contract for procurement of aircraft, that in- 7 cludes, for any aircraft unit to be procured through 8 the contract for which procurement funds are re- 9 quested in that budget request for production be- 10 yond advance procurement activities in the fiscal 11 year covered by the budget, full funding of procure- 12 ment of such unit in that fiscal year; 13 (2) cancellation provisions in the contract do 14 not include consideration of recurring manufacturing 15 costs of the contractor associated with the produc- 16 tion of unfunded units to be delivered under the con- 17 tract; 18 (3) the contract provides that payments to the 19 contractor under the contract shall not be made in 20 advance of incurred costs on funded units; and 21 (4) the contract does not provide for a price ad- 22 justment based on a failure to award a follow-on 23 contract. 24 SEC. 8011. Within the funds appropriated for the op- 25 eration and maintenance of the Armed Forces, funds are December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 271 1 hereby appropriated pursuant to section 401 of title 10, 2 United States Code, for humanitarian and civic assistance 3 costs under chapter 20 of title 10, United States Code. 4 Such funds may also be obligated for humanitarian and 5 civic assistance costs incidental to authorized operations 6 and pursuant to authority granted in section 401 of chap7 ter 20 of title 10, United States Code, and these obliga8 tions shall be reported as required by section 401(d) of 9 title 10, United States Code: Provided, That funds avail10 able for operation and maintenance shall be available for 11 providing humanitarian and similar assistance by using 12 Civic Action Teams in the Trust Territories of the Pacific 13 Islands and freely associated states of Micronesia, pursu14 ant to the Compact of Free Association as authorized by 15 Public Law 99–239: Provided further, That upon a deter16 mination by the Secretary of the Army that such action 17 is beneficial for graduate medical education programs con18 ducted at Army medical facilities located in Hawaii, the 19 Secretary of the Army may authorize the provision of med20 ical services at such facilities and transportation to such 21 facilities, on a nonreimbursable basis, for civilian patients 22 from American Samoa, the Commonwealth of the North23 ern Mariana Islands, the Marshall Islands, the Federated 24 States of Micronesia, Palau, and Guam. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 272 1 SEC. 8012. (a) During fiscal year 2016, the civilian 2 personnel of the Department of Defense may not be man3 aged on the basis of any end-strength, and the manage4 ment of such personnel during that fiscal year shall not 5 be subject to any constraint or limitation (known as an 6 end-strength) on the number of such personnel who may 7 be employed on the last day of such fiscal year. 8 (b) The fiscal year 2017 budget request for the De- 9 partment of Defense as well as all justification material 10 and other documentation supporting the fiscal year 2017 11 Department of Defense budget request shall be prepared 12 and submitted to the Congress as if subsections (a) and 13 (b) of this provision were effective with regard to fiscal 14 year 2017. 15 (c) As required by section 1107 of the National De- 16 fense Authorization Act for Fiscal Year 2014 (Public Law 17 113–66; 10 U.S.C. 2358 note) civilian personnel at the 18 Department of Army Science and Technology Reinvention 19 Laboratories may not be managed on the basis of the 20 Table of Distribution and Allowances, and the manage21 ment of the workforce strength shall be done in a manner 22 consistent with the budget available with respect to such 23 Laboratories. 24 (d) Nothing in this section shall be construed to apply 25 to military (civilian) technicians. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 273 1 SEC. 8013. None of the funds made available by this 2 Act shall be used in any way, directly or indirectly, to in3 fluence congressional action on any legislation or appro4 priation matters pending before the Congress. 5 SEC. 8014. None of the funds appropriated by this 6 Act shall be available for the basic pay and allowances of 7 any member of the Army participating as a full-time stu8 dent and receiving benefits paid by the Secretary of Vet9 erans Affairs from the Department of Defense Education 10 Benefits Fund when time spent as a full-time student is 11 credited toward completion of a service commitment: Pro12 vided, That this section shall not apply to those members 13 who have reenlisted with this option prior to October 1, 14 1987: Provided further, That this section applies only to 15 active components of the Army. 16 17 (TRANSFER OF FUNDS) SEC. 8015. Funds appropriated in title III of this Act 18 for the Department of Defense Pilot Mentor-Prote´ge´ Pro19 gram may be transferred to any other appropriation con20 tained in this Act solely for the purpose of implementing 21 a Mentor-Prote´ge´ Program developmental assistance 22 agreement pursuant to section 831 of the National De23 fense Authorization Act for Fiscal Year 1991 (Public Law 24 101–510; 10 U.S.C. 2302 note), as amended, under the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 274 1 authority of this provision or any other transfer authority 2 contained in this Act. 3 SEC. 8016. None of the funds in this Act may be 4 available for the purchase by the Department of Defense 5 (and its departments and agencies) of welded shipboard 6 anchor and mooring chain 4 inches in diameter and under 7 unless the anchor and mooring chain are manufactured 8 in the United States from components which are substan9 tially manufactured in the United States: Provided, That 10 for the purpose of this section, the term ‘‘manufactured’’ 11 shall include cutting, heat treating, quality control, testing 12 of chain and welding (including the forging and shot blast13 ing process): Provided further, That for the purpose of this 14 section substantially all of the components of anchor and 15 mooring chain shall be considered to be produced or manu16 factured in the United States if the aggregate cost of the 17 components produced or manufactured in the United 18 States exceeds the aggregate cost of the components pro19 duced or manufactured outside the United States: Pro20 vided further, That when adequate domestic supplies are 21 not available to meet Department of Defense requirements 22 on a timely basis, the Secretary of the service responsible 23 for the procurement may waive this restriction on a case24 by-case basis by certifying in writing to the Committees 25 on Appropriations that such an acquisition must be made December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 275 1 in order to acquire capability for national security pur2 poses. 3 SEC. 8017. Of the amounts appropriated for ‘‘Work- 4 ing Capital Fund, Army’’, $145,000,000 shall be available 5 to maintain competitive rates at the arsenals. 6 SEC. 8018. None of the funds available to the De- 7 partment of Defense may be used to demilitarize or dis8 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 9 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or 10 to demilitarize or destroy small arms ammunition or am11 munition components that are not otherwise prohibited 12 from commercial sale under Federal law, unless the small 13 arms ammunition or ammunition components are certified 14 by the Secretary of the Army or designee as unserviceable 15 or unsafe for further use. 16 SEC. 8019. No more than $500,000 of the funds ap- 17 propriated or made available in this Act shall be used dur18 ing a single fiscal year for any single relocation of an orga19 nization, unit, activity or function of the Department of 20 Defense into or within the National Capital Region: Pro21 vided, That the Secretary of Defense may waive this re22 striction on a case-by-case basis by certifying in writing 23 to the congressional defense committees that such a relo24 cation is required in the best interest of the Government. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 276 1 SEC. 8020. Of the funds made available in this Act, 2 $15,000,000 shall be available for incentive payments au3 thorized by section 504 of the Indian Financing Act of 4 1974 (25 U.S.C. 1544): Provided, That a prime contractor 5 or a subcontractor at any tier that makes a subcontract 6 award to any subcontractor or supplier as defined in sec7 tion 1544 of title 25, United States Code, or a small busi8 ness owned and controlled by an individual or individuals 9 defined under section 4221(9) of title 25, United States 10 Code, shall be considered a contractor for the purposes 11 of being allowed additional compensation under section 12 504 of the Indian Financing Act of 1974 (25 U.S.C. 13 1544) whenever the prime contract or subcontract amount 14 is over $500,000 and involves the expenditure of funds 15 appropriated by an Act making appropriations for the De16 partment of Defense with respect to any fiscal year: Pro17 vided further, That notwithstanding section 1906 of title 18 41, United States Code, this section shall be applicable 19 to any Department of Defense acquisition of supplies or 20 services, including any contract and any subcontract at 21 any tier for acquisition of commercial items produced or 22 manufactured, in whole or in part, by any subcontractor 23 or supplier defined in section 1544 of title 25, United 24 States Code, or a small business owned and controlled by December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 277 1 an individual or individuals defined under section 4221(9) 2 of title 25, United States Code. 3 SEC. 8021. Funds appropriated by this Act for the 4 Defense Media Activity shall not be used for any national 5 or international political or psychological activities. 6 SEC. 8022. During the current fiscal year, the De- 7 partment of Defense is authorized to incur obligations of 8 not to exceed $350,000,000 for purposes specified in sec9 tion 2350j(c) of title 10, United States Code, in anticipa10 tion of receipt of contributions, only from the Government 11 of Kuwait, under that section: Provided, That, upon re12 ceipt, such contributions from the Government of Kuwait 13 shall be credited to the appropriations or fund which in14 curred such obligations. 15 SEC. 8023. (a) Of the funds made available in this 16 Act, not less than $39,500,000 shall be available for the 17 Civil Air Patrol Corporation, of which— 18 (1) $27,400,000 shall be available from ‘‘Oper- 19 ation and Maintenance, Air Force’’ to support Civil 20 Air Patrol Corporation operation and maintenance, 21 readiness, counter-drug activities, and drug demand 22 reduction activities involving youth programs; 23 24 December 16, 2015 (1:04 a.m.) (2) $10,400,000 shall be available from ‘‘Aircraft Procurement, Air Force’’; and U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 278 1 (3) $1,700,000 shall be available from ‘‘Other 2 Procurement, Air Force’’ for vehicle procurement. 3 (b) The Secretary of the Air Force should waive reim- 4 bursement for any funds used by the Civil Air Patrol for 5 counter-drug activities in support of Federal, State, and 6 local government agencies. 7 SEC. 8024. (a) None of the funds appropriated in this 8 Act are available to establish a new Department of De9 fense (department) federally funded research and develop10 ment center (FFRDC), either as a new entity, or as a 11 separate entity administrated by an organization man12 aging another FFRDC, or as a nonprofit membership cor13 poration consisting of a consortium of other FFRDCs and 14 other nonprofit entities. 15 (b) No member of a Board of Directors, Trustees, 16 Overseers, Advisory Group, Special Issues Panel, Visiting 17 Committee, or any similar entity of a defense FFRDC, 18 and no paid consultant to any defense FFRDC, except 19 when acting in a technical advisory capacity, may be com20 pensated for his or her services as a member of such enti21 ty, or as a paid consultant by more than one FFRDC in 22 a fiscal year: Provided, That a member of any such entity 23 referred to previously in this subsection shall be allowed 24 travel expenses and per diem as authorized under the Fed- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 279 1 eral Joint Travel Regulations, when engaged in the per2 formance of membership duties. 3 (c) Notwithstanding any other provision of law, none 4 of the funds available to the department from any source 5 during fiscal year 2016 may be used by a defense FFRDC, 6 through a fee or other payment mechanism, for construc7 tion of new buildings, for payment of cost sharing for 8 projects funded by Government grants, for absorption of 9 contract overruns, or for certain charitable contributions, 10 not to include employee participation in community service 11 and/or development: Provided, That up to 1 percent of 12 funds provided in this Act for support of defense FFRDCs 13 may be used for planning and design of scientific or engi14 neering facilities: Provided further, That the Secretary of 15 Defense shall notify the congressional defense committees 16 15 days in advance of exercising the authority in the pre17 vious proviso. 18 (d) Notwithstanding any other provision of law, of 19 the funds available to the department during fiscal year 20 2016, not more than 5,750 staff years of technical effort 21 (staff years) may be funded for defense FFRDCs: Pro22 vided, That, of the specific amount referred to previously 23 in this subsection, not more than 1,125 staff years may 24 be funded for the defense studies and analysis FFRDCs: 25 Provided further, That this subsection shall not apply to December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 280 1 staff years funded in the National Intelligence Program 2 (NIP) and the Military Intelligence Program (MIP). 3 (e) The Secretary of Defense shall, with the submis- 4 sion of the department’s fiscal year 2017 budget request, 5 submit a report presenting the specific amounts of staff 6 years of technical effort to be allocated for each defense 7 FFRDC during that fiscal year and the associated budget 8 estimates. 9 (f) Notwithstanding any other provision of this Act, 10 the total amount appropriated in this Act for FFRDCs 11 is hereby reduced by $65,000,000. 12 SEC. 8025. None of the funds appropriated or made 13 available in this Act shall be used to procure carbon, alloy, 14 or armor steel plate for use in any Government-owned fa15 cility or property under the control of the Department of 16 Defense which were not melted and rolled in the United 17 States or Canada: Provided, That these procurement re18 strictions shall apply to any and all Federal Supply Class 19 9515, American Society of Testing and Materials (ASTM) 20 or American Iron and Steel Institute (AISI) specifications 21 of carbon, alloy or armor steel plate: Provided further, 22 That the Secretary of the military department responsible 23 for the procurement may waive this restriction on a case24 by-case basis by certifying in writing to the Committees 25 on Appropriations of the House of Representatives and the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 281 1 Senate that adequate domestic supplies are not available 2 to meet Department of Defense requirements on a timely 3 basis and that such an acquisition must be made in order 4 to acquire capability for national security purposes: Pro5 vided further, That these restrictions shall not apply to 6 contracts which are in being as of the date of the enact7 ment of this Act. 8 SEC. 8026. For the purposes of this Act, the term 9 ‘‘congressional defense committees’’ means the Armed 10 Services Committee of the House of Representatives, the 11 Armed Services Committee of the Senate, the Sub12 committee on Defense of the Committee on Appropriations 13 of the Senate, and the Subcommittee on Defense of the 14 Committee on Appropriations of the House of Representa15 tives. 16 SEC. 8027. During the current fiscal year, the De- 17 partment of Defense may acquire the modification, depot 18 maintenance and repair of aircraft, vehicles and vessels 19 as well as the production of components and other De20 fense-related articles, through competition between De21 partment of Defense depot maintenance activities and pri22 vate firms: Provided, That the Senior Acquisition Execu23 tive of the military department or Defense Agency con24 cerned, with power of delegation, shall certify that success25 ful bids include comparable estimates of all direct and in- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 282 1 direct costs for both public and private bids: Provided fur2 ther, That Office of Management and Budget Circular A– 3 76 shall not apply to competitions conducted under this 4 section. 5 SEC. 8028. (a)(1) If the Secretary of Defense, after 6 consultation with the United States Trade Representative, 7 determines that a foreign country which is party to an 8 agreement described in paragraph (2) has violated the 9 terms of the agreement by discriminating against certain 10 types of products produced in the United States that are 11 covered by the agreement, the Secretary of Defense shall 12 rescind the Secretary’s blanket waiver of the Buy Amer13 ican Act with respect to such types of products produced 14 in that foreign country. 15 (2) An agreement referred to in paragraph (1) is any 16 reciprocal defense procurement memorandum of under17 standing, between the United States and a foreign country 18 pursuant to which the Secretary of Defense has prospec19 tively waived the Buy American Act for certain products 20 in that country. 21 (b) The Secretary of Defense shall submit to the Con- 22 gress a report on the amount of Department of Defense 23 purchases from foreign entities in fiscal year 2016. Such 24 report shall separately indicate the dollar value of items 25 for which the Buy American Act was waived pursuant to December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 283 1 any agreement described in subsection (a)(2), the Trade 2 Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any 3 international agreement to which the United States is a 4 party. 5 (c) For purposes of this section, the term ‘‘Buy 6 American Act’’ means chapter 83 of title 41, United 7 States Code. 8 SEC. 8029. During the current fiscal year, amounts 9 contained in the Department of Defense Overseas Military 10 Facility Investment Recovery Account established by sec11 tion 2921(c)(1) of the National Defense Authorization Act 12 of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall 13 be available until expended for the payments specified by 14 section 2921(c)(2) of that Act. 15 SEC. 8030. (a) Notwithstanding any other provision 16 of law, the Secretary of the Air Force may convey at no 17 cost to the Air Force, without consideration, to Indian 18 tribes located in the States of Nevada, Idaho, North Da19 kota, South Dakota, Montana, Oregon, Minnesota, and 20 Washington relocatable military housing units located at 21 Grand Forks Air Force Base, Malmstrom Air Force Base, 22 Mountain Home Air Force Base, Ellsworth Air Force 23 Base, and Minot Air Force Base that are excess to the 24 needs of the Air Force. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 284 1 (b) The Secretary of the Air Force shall convey, at 2 no cost to the Air Force, military housing units under sub3 section (a) in accordance with the request for such units 4 that are submitted to the Secretary by the Operation 5 Walking Shield Program on behalf of Indian tribes located 6 in the States of Nevada, Idaho, North Dakota, South Da7 kota, Montana, Oregon, Minnesota, and Washington. Any 8 such conveyance shall be subject to the condition that the 9 housing units shall be removed within a reasonable period 10 of time, as determined by the Secretary. 11 (c) The Operation Walking Shield Program shall re- 12 solve any conflicts among requests of Indian tribes for 13 housing units under subsection (a) before submitting re14 quests to the Secretary of the Air Force under subsection 15 (b). 16 (d) In this section, the term ‘‘Indian tribe’’ means 17 any recognized Indian tribe included on the current list 18 published by the Secretary of the Interior under section 19 104 of the Federally Recognized Indian Tribe Act of 1994 20 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 479a– 21 1). 22 SEC. 8031. During the current fiscal year, appropria- 23 tions which are available to the Department of Defense 24 for operation and maintenance may be used to purchase December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 285 1 items having an investment item unit cost of not more 2 than $250,000. 3 SEC. 8032. None of the funds made available by this 4 Act may be used to— 5 (1) disestablish, or prepare to disestablish, a 6 Senior Reserve Officers’ Training Corps program in 7 accordance with Department of Defense Instruction 8 Number 1215.08, dated June 26, 2006; or 9 (2) close, downgrade from host to extension 10 center, or place on probation a Senior Reserve Offi- 11 cers’ Training Corps program in accordance with the 12 information paper of the Department of the Army 13 titled ‘‘Army Senior Reserve Officers’ Training 14 Corps (SROTC) Program Review and Criteria’’, 15 dated January 27, 2014. 16 SEC. 8033. The Secretary of Defense shall issue reg- 17 ulations to prohibit the sale of any tobacco or tobacco18 related products in military resale outlets in the United 19 States, its territories and possessions at a price below the 20 most competitive price in the local community: Provided, 21 That such regulations shall direct that the prices of to22 bacco or tobacco-related products in overseas military re23 tail outlets shall be within the range of prices established 24 for military retail system stores located in the United 25 States. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 286 1 SEC. 8034. (a) During the current fiscal year, none 2 of the appropriations or funds available to the Department 3 of Defense Working Capital Funds shall be used for the 4 purchase of an investment item for the purpose of acquir5 ing a new inventory item for sale or anticipated sale dur6 ing the current fiscal year or a subsequent fiscal year to 7 customers of the Department of Defense Working Capital 8 Funds if such an item would not have been chargeable 9 to the Department of Defense Business Operations Fund 10 during fiscal year 1994 and if the purchase of such an 11 investment item would be chargeable during the current 12 fiscal year to appropriations made to the Department of 13 Defense for procurement. 14 (b) The fiscal year 2017 budget request for the De- 15 partment of Defense as well as all justification material 16 and other documentation supporting the fiscal year 2017 17 Department of Defense budget shall be prepared and sub18 mitted to the Congress on the basis that any equipment 19 which was classified as an end item and funded in a pro20 curement appropriation contained in this Act shall be 21 budgeted for in a proposed fiscal year 2017 procurement 22 appropriation and not in the supply management business 23 area or any other area or category of the Department of 24 Defense Working Capital Funds. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 287 1 SEC. 8035. None of the funds appropriated by this 2 Act for programs of the Central Intelligence Agency shall 3 remain available for obligation beyond the current fiscal 4 year, except for funds appropriated for the Reserve for 5 Contingencies, which shall remain available until Sep6 tember 30, 2017: Provided, That funds appropriated, 7 transferred, or otherwise credited to the Central Intel8 ligence Agency Central Services Working Capital Fund 9 during this or any prior or subsequent fiscal year shall 10 remain available until expended: Provided further, That 11 any funds appropriated or transferred to the Central Intel12 ligence Agency for advanced research and development ac13 quisition, for agent operations, and for covert action pro14 grams authorized by the President under section 503 of 15 the National Security Act of 1947 (50 U.S.C. 3093) shall 16 remain available until September 30, 2017. 17 SEC. 8036. Notwithstanding any other provision of 18 law, funds made available in this Act for the Defense In19 telligence Agency may be used for the design, develop20 ment, and deployment of General Defense Intelligence 21 Program intelligence communications and intelligence in22 formation systems for the Services, the Unified and Speci23 fied Commands, and the component commands. 24 SEC. 8037. Of the funds appropriated to the Depart- 25 ment of Defense under the heading ‘‘Operation and Main- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 288 1 tenance, Defense-Wide’’, not less than $12,000,000 shall 2 be made available only for the mitigation of environmental 3 impacts, including training and technical assistance to 4 tribes, related administrative support, the gathering of in5 formation, documenting of environmental damage, and de6 veloping a system for prioritization of mitigation and cost 7 to complete estimates for mitigation, on Indian lands re8 sulting from Department of Defense activities. 9 SEC. 8038. (a) None of the funds appropriated in this 10 Act may be expended by an entity of the Department of 11 Defense unless the entity, in expending the funds, com12 plies with the Buy American Act. For purposes of this 13 subsection, the term ‘‘Buy American Act’’ means chapter 14 83 of title 41, United States Code. 15 (b) If the Secretary of Defense determines that a per- 16 son has been convicted of intentionally affixing a label 17 bearing a ‘‘Made in America’’ inscription to any product 18 sold in or shipped to the United States that is not made 19 in America, the Secretary shall determine, in accordance 20 with section 2410f of title 10, United States Code, wheth21 er the person should be debarred from contracting with 22 the Department of Defense. 23 (c) In the case of any equipment or products pur- 24 chased with appropriations provided under this Act, it is 25 the sense of the Congress that any entity of the Depart- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 289 1 ment of Defense, in expending the appropriation, purchase 2 only American-made equipment and products, provided 3 that American-made equipment and products are cost4 competitive, quality competitive, and available in a timely 5 fashion. 6 SEC. 8039. None of the funds appropriated by this 7 Act and hereafter shall be available for a contract for stud8 ies, analysis, or consulting services entered into without 9 competition on the basis of an unsolicited proposal unless 10 the head of the activity responsible for the procurement 11 determines— 12 (1) as a result of thorough technical evaluation, 13 only one source is found fully qualified to perform 14 the proposed work; 15 (2) the purpose of the contract is to explore an 16 unsolicited proposal which offers significant sci- 17 entific or technological promise, represents the prod- 18 uct of original thinking, and was submitted in con- 19 fidence by one source; or 20 (3) the purpose of the contract is to take ad- 21 vantage of unique and significant industrial accom- 22 plishment by a specific concern, or to insure that a 23 new product or idea of a specific concern is given fi- 24 nancial support: Provided, That this limitation shall 25 not apply to contracts in an amount of less than December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 290 1 $25,000, contracts related to improvements of equip- 2 ment that is in development or production, or con- 3 tracts as to which a civilian official of the Depart- 4 ment of Defense, who has been confirmed by the 5 Senate, determines that the award of such contract 6 is in the interest of the national defense. 7 SEC. 8040. (a) Except as provided in subsections (b) 8 and (c), none of the funds made available by this Act may 9 be used— 10 (1) to establish a field operating agency; or 11 (2) to pay the basic pay of a member of the 12 Armed Forces or civilian employee of the depart- 13 ment who is transferred or reassigned from a head- 14 quarters activity if the member or employee’s place 15 of duty remains at the location of that headquarters. 16 (b) The Secretary of Defense or Secretary of a mili- 17 tary department may waive the limitations in subsection 18 (a), on a case-by-case basis, if the Secretary determines, 19 and certifies to the Committees on Appropriations of the 20 House of Representatives and the Senate that the grant21 ing of the waiver will reduce the personnel requirements 22 or the financial requirements of the department. 23 24 25 December 16, 2015 (1:04 a.m.) (c) This section does not apply to— (1) field operating agencies funded within the National Intelligence Program; U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 291 1 (2) an Army field operating agency established 2 to eliminate, mitigate, or counter the effects of im- 3 provised explosive devices, and, as determined by the 4 Secretary of the Army, other similar threats; 5 (3) an Army field operating agency established 6 to improve the effectiveness and efficiencies of bio- 7 metric activities and to integrate common biometric 8 technologies throughout the Department of Defense; 9 or 10 (4) an Air Force field operating agency estab- 11 lished to administer the Air Force Mortuary Affairs 12 Program and Mortuary Operations for the Depart- 13 ment of Defense and authorized Federal entities. 14 SEC. 8041. (a) None of the funds appropriated by 15 this Act shall be available to convert to contractor per16 formance an activity or function of the Department of De17 fense that, on or after the date of the enactment of this 18 Act, is performed by Department of Defense civilian em19 ployees unless— 20 (1) the conversion is based on the result of a 21 public-private competition that includes a most effi- 22 cient and cost effective organization plan developed 23 by such activity or function; 24 (2) the Competitive Sourcing Official deter- 25 mines that, over all performance periods stated in December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 292 1 the solicitation of offers for performance of the ac- 2 tivity or function, the cost of performance of the ac- 3 tivity or function by a contractor would be less costly 4 to the Department of Defense by an amount that 5 equals or exceeds the lesser of— 6 (A) 10 percent of the most efficient organi- 7 zation’s personnel-related costs for performance 8 of that activity or function by Federal employ- 9 ees; or 10 (B) $10,000,000; and 11 (3) the contractor does not receive an advan- 12 tage for a proposal that would reduce costs for the 13 Department of Defense by— 14 (A) not making an employer-sponsored 15 health insurance plan available to the workers 16 who are to be employed in the performance of 17 that activity or function under the contract; or 18 (B) offering to such workers an employer- 19 sponsored health benefits plan that requires the 20 employer to contribute less towards the pre- 21 mium or subscription share than the amount 22 that is paid by the Department of Defense for 23 health benefits for civilian employees under 24 chapter 89 of title 5, United States Code. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 293 1 (b)(1) The Department of Defense, without regard 2 to subsection (a) of this section or subsection (a), (b), or 3 (c) of section 2461 of title 10, United States Code, and 4 notwithstanding any administrative regulation, require5 ment, or policy to the contrary shall have full authority 6 to enter into a contract for the performance of any com7 mercial or industrial type function of the Department of 8 Defense that— 9 (A) is included on the procurement list estab- 10 lished pursuant to section 2 of the Javits-Wagner- 11 O’Day Act (section 8503 of title 41, United States 12 Code); 13 (B) is planned to be converted to performance 14 by a qualified nonprofit agency for the blind or by 15 a qualified nonprofit agency for other severely handi- 16 capped individuals in accordance with that Act; or 17 (C) is planned to be converted to performance 18 by a qualified firm under at least 51 percent owner- 19 ship by an Indian tribe, as defined in section 4(e) 20 of the Indian Self-Determination and Education As- 21 sistance Act (25 U.S.C. 450b(e)), or a Native Ha- 22 waiian Organization, as defined in section 8(a)(15) 23 of the Small Business Act (15 U.S.C. 637(a)(15)). December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 294 1 (2) This section shall not apply to depot contracts 2 or contracts for depot maintenance as provided in sections 3 2469 and 2474 of title 10, United States Code. 4 (c) The conversion of any activity or function of the 5 Department of Defense under the authority provided by 6 this section shall be credited toward any competitive or 7 outsourcing goal, target, or measurement that may be es8 tablished by statute, regulation, or policy and is deemed 9 to be awarded under the authority of, and in compliance 10 with, subsection (h) of section 2304 of title 10, United 11 States Code, for the competition or outsourcing of com12 mercial activities. 13 14 (RESCISSIONS) SEC. 8042. Of the funds appropriated in Department 15 of Defense Appropriations Acts, the following funds are 16 hereby rescinded from the following accounts and pro17 grams in the specified amounts: Provided, That no 18 amounts may be rescinded from amounts that were des19 ignated by the Congress for Overseas Contingency Oper20 ations/Global War on Terrorism or as an emergency re21 quirement pursuant to the Concurrent Resolution on the 22 Budget or the Balanced Budget and Emergency Deficit 23 Control Act of 1985, as amended: 24 25 December 16, 2015 (1:04 a.m.) ‘‘Cooperative Threat 2014/2016, $15,000,000; Reduction Account’’, U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 295 1 ‘‘Aircraft Procurement, Army’’, 2014/2016, 2 $9,295,000; 3 ‘‘Other 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 December 16, 2015 (1:04 a.m.) Procurement, Army’’, 2014/2016, Navy’’, 2014/2016, $40,000,000; ‘‘Aircraft Procurement, $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, Navy’’, 2015/2017, $30,000,000; ‘‘Aircraft Procurement, $11,702,000; ‘‘Weapons Procurement, Navy’’, 2015/2017, $15,422,000; U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 296 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ‘‘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, 18 Defense-Wide’’, 2015/2016, $2,500,000. 19 SEC. 8043. None of the funds available in this Act 20 may be used to reduce the authorized positions for mili21 tary technicians (dual status) of the Army National 22 Guard, Air National Guard, Army Reserve and Air Force 23 Reserve for the purpose of applying any administratively 24 imposed civilian personnel ceiling, freeze, or reduction on 25 military technicians (dual status), unless such reductions December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 297 1 are a direct result of a reduction in military force struc2 ture. 3 SEC. 8044. None of the funds appropriated or other- 4 wise made available in this Act may be obligated or ex5 pended for assistance to the Democratic People’s Republic 6 of Korea unless specifically appropriated for that purpose. 7 SEC. 8045. Funds appropriated in this Act for oper- 8 ation and maintenance of the Military Departments, Com9 batant Commands and Defense Agencies shall be available 10 for reimbursement of pay, allowances and other expenses 11 which would otherwise be incurred against appropriations 12 for the National Guard and Reserve when members of the 13 National Guard and Reserve provide intelligence or coun14 terintelligence support to Combatant Commands, Defense 15 Agencies and Joint Intelligence Activities, including the 16 activities and programs included within the National Intel17 ligence Program and the Military Intelligence Program: 18 Provided, That nothing in this section authorizes deviation 19 from established Reserve and National Guard personnel 20 and training procedures. 21 SEC. 8046. (a) None of the funds available to the 22 Department of Defense for any fiscal year for drug inter23 diction or counter-drug activities may be transferred to 24 any other department or agency of the United States ex25 cept as specifically provided in an appropriations law. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 298 1 (b) None of the funds available to the Central Intel- 2 ligence Agency for any fiscal year for drug interdiction or 3 counter-drug activities may be transferred to any other de4 partment or agency of the United States except as specifi5 cally provided in an appropriations law. 6 SEC. 8047. None of the funds appropriated by this 7 Act may be used for the procurement of ball and roller 8 bearings other than those produced by a domestic source 9 and of domestic origin: Provided, That the Secretary of 10 the military department responsible for such procurement 11 may waive this restriction on a case-by-case basis by certi12 fying in writing to the Committees on Appropriations of 13 the House of Representatives and the Senate, that ade14 quate domestic supplies are not available to meet Depart15 ment of Defense requirements on a timely basis and that 16 such an acquisition must be made in order to acquire ca17 pability for national security purposes: Provided further, 18 That this restriction shall not apply to the purchase of 19 ‘‘commercial items’’, as defined by section 103 of title 41, 20 United States Code, except that the restriction shall apply 21 to ball or roller bearings purchased as end items. 22 SEC. 8048. None of the funds made available by this 23 Act for Evolved Expendable Launch Vehicle service com24 petitive procurements may be used unless the competitive 25 procurements are open for award to all certified providers December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 299 1 of Evolved Expendable Launch Vehicle-class systems: Pro2 vided, That the award shall be made to the provider that 3 offers the best value to the government: Provided further, 4 That notwithstanding any other provision of law, award 5 may be made to a launch service provider competing with 6 any certified launch vehicle in its inventory regardless of 7 the country of origin of the rocket engine that will be used 8 on its launch vehicle, in order to ensure robust competition 9 and continued assured access to space. 10 SEC. 8049. In addition to the amounts appropriated 11 or otherwise made available elsewhere in this Act, 12 $44,000,000 is hereby appropriated to the Department of 13 Defense: Provided, That upon the determination of the 14 Secretary of Defense that it shall serve the national inter15 est, the Secretary shall make grants in the amounts speci16 fied as follows: $20,000,000 to the United Service Organi17 zations and $24,000,000 to the Red Cross. 18 SEC. 8050. None of the funds in this Act may be 19 used to purchase any supercomputer which is not manu20 factured in the United States, unless the Secretary of De21 fense certifies to the congressional defense committees 22 that such an acquisition must be made in order to acquire 23 capability for national security purposes that is not avail24 able from United States manufacturers. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 300 1 SEC. 8051. Notwithstanding any other provision in 2 this Act, the Small Business Innovation Research program 3 and the Small Business Technology Transfer program set4 asides shall be taken proportionally from all programs, 5 projects, or activities to the extent they contribute to the 6 extramural budget. 7 SEC. 8052. None of the funds available to the De- 8 partment of Defense under this Act shall be obligated or 9 expended to pay a contractor under a contract with the 10 Department of Defense for costs of any amount paid by 11 the contractor to an employee when— 12 (1) such costs are for a bonus or otherwise in 13 excess of the normal salary paid by the contractor 14 to the employee; and 15 16 17 18 (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 19 than $30,000,000 of appropriations made in this Act 20 under the heading ‘‘Operation and Maintenance, Defense21 Wide’’ may be transferred to appropriations available for 22 the pay of military personnel, to be merged with, and to 23 be available for the same time period as the appropriations 24 to which transferred, to be used in support of such per25 sonnel in connection with support and services for eligible December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 301 1 organizations and activities outside the Department of De2 fense pursuant to section 2012 of title 10, United States 3 Code. 4 SEC. 8054. During the current fiscal year, in the case 5 of an appropriation account of the Department of Defense 6 for which the period of availability for obligation has ex7 pired or which has closed under the provisions of section 8 1552 of title 31, United States Code, and which has a 9 negative unliquidated or unexpended balance, an obliga10 tion or an adjustment of an obligation may be charged 11 to any current appropriation account for the same purpose 12 as the expired or closed account if— 13 (1) the obligation would have been properly 14 chargeable (except as to amount) to the expired or 15 closed account before the end of the period of avail- 16 ability or closing of that account; 17 (2) the obligation is not otherwise properly 18 chargeable to any current appropriation account of 19 the Department of Defense; and 20 (3) in the case of an expired account, the obli- 21 gation is not chargeable to a current appropriation 22 of the Department of Defense under the provisions 23 of section 1405(b)(8) of the National Defense Au- 24 thorization Act for Fiscal Year 1991, Public Law 25 101–510, as amended (31 U.S.C. 1551 note): Pro- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 302 1 vided, That in the case of an expired account, if sub- 2 sequent review or investigation discloses that there 3 was not in fact a negative unliquidated or unex- 4 pended balance in the account, any charge to a cur- 5 rent account under the authority of this section shall 6 be reversed and recorded against the expired ac- 7 count: Provided further, That the total amount 8 charged to a current appropriation under this sec- 9 tion may not exceed an amount equal to 1 percent 10 of the total appropriation for that account. 11 SEC. 8055. (a) Notwithstanding any other provision 12 of law, the Chief of the National Guard Bureau may per13 mit the use of equipment of the National Guard Distance 14 Learning Project by any person or entity on a space-avail15 able, reimbursable basis. The Chief of the National Guard 16 Bureau shall establish the amount of reimbursement for 17 such use on a case-by-case basis. 18 (b) Amounts collected under subsection (a) shall be 19 credited to funds available for the National Guard Dis20 tance Learning Project and be available to defray the costs 21 associated with the use of equipment of the project under 22 that subsection. Such funds shall be available for such 23 purposes without fiscal year limitation. 24 SEC. 8056. None of the funds available to the De- 25 partment of Defense may be obligated to modify command December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 303 1 and control relationships to give Fleet Forces Command 2 operational and administrative control of United States 3 Navy forces assigned to the Pacific fleet: Provided, That 4 the command and control relationships which existed on 5 October 1, 2004, shall remain in force unless changes are 6 specifically authorized in a subsequent Act: Provided fur7 ther, That this section does not apply to administrative 8 control of Navy Air and Missile Defense Command. 9 10 (INCLUDING TRANSFER OF FUNDS) SEC. 8057. Of the funds appropriated in this Act 11 under the heading ‘‘Operation and Maintenance, Defense12 wide’’, $25,000,000 shall be for continued implementation 13 and expansion of the Sexual Assault Special Victims’ 14 Counsel Program: Provided, That the funds are made 15 available for transfer to the Department of the Army, the 16 Department of the Navy, and the Department of the Air 17 Force: Provided further, That funds transferred shall be 18 merged with and available for the same purposes and for 19 the same time period as the appropriations to which the 20 funds are transferred: Provided further, That this transfer 21 authority is in addition to any other transfer authority 22 provided in this Act. 23 SEC. 8058. None of the funds appropriated in title 24 IV of this Act may be used to procure end-items for deliv25 ery to military forces for operational training, operational December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 304 1 use or inventory requirements: Provided, That this restric2 tion does not apply to end-items used in development, 3 prototyping, and test activities preceding and leading to 4 acceptance for operational use: Provided further, That this 5 restriction does not apply to programs funded within the 6 National Intelligence Program: Provided further, That the 7 Secretary of Defense may waive this restriction on a case8 by-case basis by certifying in writing to the Committees 9 on Appropriations of the House of Representatives and the 10 Senate that it is in the national security interest to do 11 so. 12 SEC. 8059. (a) The Secretary of Defense may, on a 13 case-by-case basis, waive with respect to a foreign country 14 each limitation on the procurement of defense items from 15 foreign sources provided in law if the Secretary determines 16 that the application of the limitation with respect to that 17 country would invalidate cooperative programs entered 18 into between the Department of Defense and the foreign 19 country, or would invalidate reciprocal trade agreements 20 for the procurement of defense items entered into under 21 section 2531 of title 10, United States Code, and the 22 country does not discriminate against the same or similar 23 defense items produced in the United States for that coun24 try. 25 December 16, 2015 (1:04 a.m.) (b) Subsection (a) applies with respect to— U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 305 1 (1) contracts and subcontracts entered into on 2 or after the date of the enactment of this Act; and 3 (2) options for the procurement of items that 4 are exercised after such date under contracts that 5 are entered into before such date if the option prices 6 are adjusted for any reason other than the applica- 7 tion of a waiver granted under subsection (a). 8 (c) Subsection (a) does not apply to a limitation re- 9 garding construction of public vessels, ball and roller bear10 ings, food, and clothing or textile materials as defined by 11 section XI (chapters 50–65) of the Harmonized Tariff 12 Schedule of the United States and products classified 13 under headings 4010, 4202, 4203, 6401 through 6406, 14 6505, 7019, 7218 through 7229, 7304.41 through 15 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 16 8211, 8215, and 9404. 17 SEC. 8060. Notwithstanding any other provision of 18 law, none of the funds appropriated or otherwise made 19 available by this or any other Act may be used to consoli20 date or relocate any element of a United States Air Force 21 Rapid Engineer Deployable Heavy Operational Repair 22 Squadron Engineer (RED HORSE) outside of the United 23 States until the Secretary of the Air Force— 24 (1) completes an analysis and comparison of 25 the cost and infrastructure investment required to December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 306 1 consolidate or relocate a RED HORSE squadron 2 outside of the United States versus within the 3 United States; 4 (2) provides to the congressional defense com- 5 mittees a report detailing the findings of the cost 6 analysis; and 7 (3) certifies in writing to the congressional de- 8 fense committees that the preferred site for the con- 9 solidation or relocation yields the greatest savings 10 for the Air Force: 11 Provided, That the term ‘‘United States’’ in this section 12 does not include any territory or possession of the United 13 States. 14 SEC. 8061. None of the funds appropriated or other- 15 wise made available by this or other Department of De16 fense Appropriations Acts may be obligated or expended 17 for the purpose of performing repairs or maintenance to 18 military family housing units of the Department of De19 fense, including areas in such military family housing 20 units that may be used for the purpose of conducting offi21 cial Department of Defense business. 22 SEC. 8062. Notwithstanding any other provision of 23 law, funds appropriated in this Act under the heading 24 ‘‘Research, Development, Test and Evaluation, Defense25 Wide’’ for any new start advanced concept technology December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 307 1 demonstration project or joint capability demonstration 2 project may only be obligated 45 days after a report, in3 cluding a description of the project, the planned acquisi4 tion and transition strategy and its estimated annual and 5 total cost, has been provided in writing to the congres6 sional defense committees: Provided, That the Secretary 7 of Defense may waive this restriction on a case-by-case 8 basis by certifying to the congressional defense committees 9 that it is in the national interest to do so. 10 SEC. 8063. The Secretary of Defense shall continue 11 to provide a classified quarterly report to the House and 12 Senate Appropriations Committees, Subcommittees on 13 Defense on certain matters as directed in the classified 14 annex accompanying this Act. 15 SEC. 8064. Notwithstanding section 12310(b) of title 16 10, United States Code, a Reserve who is a member of 17 the National Guard serving on full-time National Guard 18 duty under section 502(f) of title 32, United States Code, 19 may perform duties in support of the ground-based ele20 ments of the National Ballistic Missile Defense System. 21 SEC. 8065. None of the funds provided in this Act 22 may be used to transfer to any nongovernmental entity 23 ammunition held by the Department of Defense that has 24 a center-fire cartridge and a United States military no25 menclature designation of ‘‘armor penetrator’’, ‘‘armor December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 308 1 piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or 2 ‘‘armor-piercing incendiary tracer (API–T)’’, except to an 3 entity performing demilitarization services for the Depart4 ment of Defense under a contract that requires the entity 5 to demonstrate to the satisfaction of the Department of 6 Defense that armor piercing projectiles are either: (1) ren7 dered incapable of reuse by the demilitarization process; 8 or (2) used to manufacture ammunition pursuant to a con9 tract with the Department of Defense or the manufacture 10 of ammunition for export pursuant to a License for Per11 manent Export of Unclassified Military Articles issued by 12 the Department of State. 13 SEC. 8066. Notwithstanding any other provision of 14 law, the Chief of the National Guard Bureau, or his des15 ignee, may waive payment of all or part of the consider16 ation that otherwise would be required under section 2667 17 of title 10, United States Code, in the case of a lease of 18 personal property for a period not in excess of 1 year to 19 any organization specified in section 508(d) of title 32, 20 United States Code, or any other youth, social, or fra21 ternal nonprofit organization as may be approved by the 22 Chief of the National Guard Bureau, or his designee, on 23 a case-by-case basis. 24 SEC. 8067. None of the funds appropriated by this 25 Act shall be used for the support of any nonappropriated December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 309 1 funds activity of the Department of Defense that procures 2 malt beverages and wine with nonappropriated funds for 3 resale (including such alcoholic beverages sold by the 4 drink) on a military installation located in the United 5 States unless such malt beverages and wine are procured 6 within that State, or in the case of the District of Colum7 bia, within the District of Columbia, in which the military 8 installation is located: Provided, That, in a case in which 9 the military installation is located in more than one State, 10 purchases may be made in any State in which the installa11 tion is located: Provided further, That such local procure12 ment requirements for malt beverages and wine shall 13 apply to all alcoholic beverages only for military installa14 tions in States which are not contiguous with another 15 State: Provided further, That alcoholic beverages other 16 than wine and malt beverages, in contiguous States and 17 the District of Columbia shall be procured from the most 18 competitive source, price and other factors considered. 19 20 (INCLUDING TRANSFER OF FUNDS) SEC. 8068. Of the amounts appropriated in this Act 21 under the heading ‘‘Operation and Maintenance, Army’’, 22 $76,611,750 shall remain available until expended: Pro23 vided, That, notwithstanding any other provision of law, 24 the Secretary of Defense is authorized to transfer such 25 funds to other activities of the Federal Government: Pro- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 310 1 vided further, That the Secretary of Defense is authorized 2 to enter into and carry out contracts for the acquisition 3 of real property, construction, personal services, and oper4 ations related to projects carrying out the purposes of this 5 section: Provided further, That contracts entered into 6 under the authority of this section may provide for such 7 indemnification as the Secretary determines to be nec8 essary: Provided further, That projects authorized by this 9 section shall comply with applicable Federal, State, and 10 local law to the maximum extent consistent with the na11 tional security, as determined by the Secretary of Defense. 12 SEC. 8069. (a) None of the funds appropriated in this 13 or any other Act may be used to take any action to mod14 ify— 15 (1) the appropriations account structure for the 16 National Intelligence Program budget, including 17 through the creation of a new appropriation or new 18 appropriation account; 19 (2) how the National Intelligence Program 20 budget request is presented in the unclassified P–1, 21 R–1, and O–1 documents supporting the Depart- 22 ment of Defense budget request; 23 (3) the process by which the National Intel- 24 ligence Program appropriations are apportioned to 25 the executing agencies; or December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 311 1 (4) the process by which the National Intel- 2 ligence Program appropriations are allotted, obli- 3 gated and disbursed. 4 (b) Nothing in section (a) shall be construed to pro- 5 hibit the merger of programs or changes to the National 6 Intelligence Program budget at or below the Expenditure 7 Center level, provided such change is otherwise in accord8 ance with paragraphs (a)(1)–(3). 9 (c) The Director of National Intelligence and the Sec- 10 retary of Defense may jointly, only for the purposes of 11 achieving auditable financial statements and improving 12 fiscal reporting, study and develop detailed proposals for 13 alternative financial management processes. Such study 14 shall include a comprehensive counterintelligence risk as15 sessment to ensure that none of the alternative processes 16 will adversely affect counterintelligence. 17 (d) Upon development of the detailed proposals de- 18 fined under subsection (c), the Director of National Intel19 ligence and the Secretary of Defense shall— 20 21 (1) provide the proposed alternatives to all affected agencies; 22 (2) receive certification from all affected agen- 23 cies attesting that the proposed alternatives will help 24 achieve auditability, improve fiscal reporting, and 25 will not adversely affect counterintelligence; and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 312 1 (3) not later than 30 days after receiving all 2 necessary certifications under paragraph (2), present 3 the proposed alternatives and certifications to the 4 congressional defense and intelligence committees. 5 (e) This section shall not be construed to alter or af- 6 fect the application of section 1633 of the National De7 fense Authorization Act for Fiscal Year 2016 to the 8 amounts made available by this Act. 9 SEC. 8070. In addition to amounts provided else- 10 where in this Act, $5,000,000 is hereby appropriated to 11 the Department of Defense, to remain available for obliga12 tion until expended: Provided, That notwithstanding any 13 other provision of law, that upon the determination of the 14 Secretary of Defense that it shall serve the national inter15 est, these funds shall be available only for a grant to the 16 Fisher House Foundation, Inc., only for the construction 17 and furnishing of additional Fisher Houses to meet the 18 needs of military family members when confronted with 19 the illness or hospitalization of an eligible military bene20 ficiary. 21 22 (INCLUDING TRANSFER OF FUNDS) SEC. 8071. Of the amounts appropriated in this Act 23 under the headings ‘‘Procurement, Defense-Wide’’ and 24 ‘‘Research, Development, Test and Evaluation, Defense25 Wide’’, $487,595,000 shall be for the Israeli Cooperative December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 313 1 Programs: Provided, That of this amount, $55,000,000 2 shall be for the Secretary of Defense to provide to the Gov3 ernment of Israel for the procurement of the Iron Dome 4 defense system to counter short-range rocket threats, sub5 ject to the U.S.-Israel Iron Dome Procurement Agree6 ment, as amended; $286,526,000 shall be for the Short 7 Range Ballistic Missile Defense (SRBMD) program, in8 cluding cruise missile defense research and development 9 under the SRBMD program, of which $150,000,000 shall 10 be for production activities of SRBMD missiles in the 11 United States and in Israel to meet Israel’s defense re12 quirements consistent with each nation’s laws, regulations, 13 and procedures, of which not more than $90,000,000, sub14 ject to previously established transfer procedures, may be 15 obligated or expended until establishment of a U.S.-Israeli 16 production agreement for SRBMD; $89,550,000 shall be 17 for an upper-tier component to the Israeli Missile Defense 18 Architecture, of which not more than $15,000,000, subject 19 to previously established transfer procedures, may be obli20 gated or expended until establishment of a U.S.-Israeli 21 production agreement; and $56,519,000 shall be for the 22 Arrow System Improvement Program including develop23 ment of a long range, ground and airborne, detection 24 suite: Provided further, That funds made available under 25 this provision for production of missiles and missile com- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 314 1 ponents may be transferred to appropriations available for 2 the procurement of weapons and equipment, to be merged 3 with and to be available for the same time period and the 4 same purposes as the appropriation to which transferred: 5 Provided further, That the transfer authority provided 6 under this provision is in addition to any other transfer 7 authority contained in this Act. 8 9 (INCLUDING TRANSFER OF FUNDS) SEC. 8072. Of the amounts appropriated in this Act 10 under the heading ‘‘Shipbuilding and Conversion, Navy’’, 11 $389,305,000 shall be available until September 30, 2016, 12 to fund prior year shipbuilding cost increases: Provided, 13 That upon enactment of this Act, the Secretary of the 14 Navy shall transfer funds to the following appropriations 15 in the amounts specified: Provided further, That the 16 amounts transferred shall be merged with and be available 17 for the same purposes as the appropriations to which 18 transferred to: 19 (1) Under the heading ‘‘Shipbuilding and Con- 20 version, Navy’’, 2008/2016: Carrier Replacement 21 Program $123,760,000; 22 (2) Under the heading ‘‘Shipbuilding and Con- 23 version, Navy’’, 2009/2016: LPD–17 Amphibious 24 Transport Dock Program $22,860,000; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 315 1 (3) Under the heading ‘‘Shipbuilding and Con- 2 version, Navy’’, 2012/2016: CVN Refueling Over- 3 hauls Program $20,029,000; 4 (4) Under the heading ‘‘Shipbuilding and Con- 5 version, Navy’’, 2012/2016: DDG–51 Destroyer 6 $75,014,000; 7 (5) Under the heading ‘‘Shipbuilding and Con- 8 version, Navy’’, 2012/2016: Littoral Combat Ship 9 $82,674,000; 10 (6) Under the heading ‘‘Shipbuilding and Con- 11 version, Navy’’, 2012/2016: LPD–17 Amphibious 12 Transport Dock Program $38,733,000; 13 (7) Under the heading ‘‘Shipbuilding and Con- 14 version, Navy’’, 2012/2016: Joint High Speed Vessel 15 $22,597,000; and 16 (8) Under the heading ‘‘Shipbuilding and Con- 17 version, Navy’’, 2013/2016: Joint High Speed Vessel 18 $3,638,000. 19 SEC. 8073. Funds appropriated by this Act, or made 20 available by the transfer of funds in this Act, for intel21 ligence activities are deemed to be specifically authorized 22 by the Congress for purposes of section 504 of the Na23 tional Security Act of 1947 (50 U.S.C. 3094) during fiscal 24 year 2016 until the enactment of the Intelligence Author25 ization Act for Fiscal Year 2016. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 316 1 SEC. 8074. None of the funds provided in this Act 2 shall be available for obligation or expenditure through a 3 reprogramming of funds that creates or initiates a new 4 program, project, or activity unless such program, project, 5 or activity must be undertaken immediately in the interest 6 of national security and only after written prior notifica7 tion to the congressional defense committees. 8 SEC. 8075. The budget of the President for fiscal 9 year 2017 submitted to the Congress pursuant to section 10 1105 of title 31, United States Code, shall include sepa11 rate budget justification documents for costs of United 12 States Armed Forces’ participation in contingency oper13 ations for the Military Personnel accounts, the Operation 14 and Maintenance accounts, the Procurement accounts, 15 and the Research, Development, Test and Evaluation ac16 counts: Provided, That these documents shall include a de17 scription of the funding requested for each contingency op18 eration, for each military service, to include all Active and 19 Reserve components, and for each appropriations account: 20 Provided further, That these documents shall include esti21 mated costs for each element of expense or object class, 22 a reconciliation of increases and decreases for each contin23 gency operation, and programmatic data including, but 24 not limited to, troop strength for each Active and Reserve 25 component, and estimates of the major weapons systems December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 317 1 deployed in support of each contingency: Provided further, 2 That these documents shall include budget exhibits OP– 3 5 and OP–32 (as defined in the Department of Defense 4 Financial Management Regulation) for all contingency op5 erations for the budget year and the two preceding fiscal 6 years. 7 SEC. 8076. None of the funds in this Act may be 8 used for research, development, test, evaluation, procure9 ment or deployment of nuclear armed interceptors of a 10 missile defense system. 11 SEC. 8077. Notwithstanding any other provision of 12 this Act, to reflect savings due to favorable foreign ex13 change rates, the total amount appropriated in this Act 14 is hereby reduced by $1,500,789,000. 15 SEC. 8078. None of the funds appropriated or made 16 available in this Act shall be used to reduce or disestablish 17 the operation of the 53rd Weather Reconnaissance Squad18 ron of the Air Force Reserve, if such action would reduce 19 the WC–130 Weather Reconnaissance mission below the 20 levels funded in this Act: Provided, That the Air Force 21 shall allow the 53rd Weather Reconnaissance Squadron to 22 perform other missions in support of national defense re23 quirements during the non-hurricane season. 24 SEC. 8079. None of the funds provided in this Act 25 shall be available for integration of foreign intelligence in- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 318 1 formation unless the information has been lawfully col2 lected and processed during the conduct of authorized for3 eign intelligence activities: Provided, That information 4 pertaining to United States persons shall only be handled 5 in accordance with protections provided in the Fourth 6 Amendment of the United States Constitution as imple7 mented through Executive Order No. 12333. 8 9 (INCLUDING TRANSFER OF FUNDS) SEC. 8080. The Secretary of Defense may transfer 10 funds from any available Department of the Navy appro11 priation to any available Navy ship construction appro12 priation for the purpose of liquidating necessary changes 13 resulting from inflation, market fluctuations, or rate ad14 justments for any ship construction program appropriated 15 in law: Provided, That the Secretary may transfer not to 16 exceed $20,000,000 under the authority provided by this 17 section: Provided further, That the Secretary may not 18 transfer any funds until 30 days after the proposed trans19 fer has been reported to the Committees on Appropria20 tions of the House of Representatives and the Senate, un21 less a response from the Committees is received sooner: 22 Provided further, That any funds transferred pursuant to 23 this section shall retain the same period of availability as 24 when originally appropriated: Provided further, That the 25 transfer authority provided by this section is in addition December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 319 1 to any other transfer authority contained elsewhere in this 2 Act. 3 SEC. 8081. (a) None of the funds appropriated by 4 this Act may be used to transfer research and develop5 ment, acquisition, or other program authority relating to 6 current tactical unmanned aerial vehicles (TUAVs) from 7 the Army. 8 (b) The Army shall retain responsibility for and oper- 9 ational control of the MQ–1C Gray Eagle Unmanned Aer10 ial Vehicle (UAV) in order to support the Secretary of De11 fense in matters relating to the employment of unmanned 12 aerial vehicles. 13 SEC. 8082. Up to $15,000,000 of the funds appro- 14 priated under the heading ‘‘Operation and Maintenance, 15 Navy’’ may be made available for the Asia Pacific Re16 gional Initiative Program for the purpose of enabling the 17 Pacific Command to execute Theater Security Cooperation 18 activities such as humanitarian assistance, and payment 19 of incremental and personnel costs of training and exer20 cising with foreign security forces: Provided, That funds 21 made available for this purpose may be used, notwith22 standing any other funding authorities for humanitarian 23 assistance, security assistance or combined exercise ex24 penses: Provided further, That funds may not be obligated 25 to provide assistance to any foreign country that is other- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 320 1 wise prohibited from receiving such type of assistance 2 under any other provision of law. 3 SEC. 8083. None of the funds appropriated by this 4 Act for programs of the Office of the Director of National 5 Intelligence shall remain available for obligation beyond 6 the current fiscal year, except for funds appropriated for 7 research and technology, which shall remain available until 8 September 30, 2017. 9 SEC. 8084. For purposes of section 1553(b) of title 10 31, United States Code, any subdivision of appropriations 11 made in this Act under the heading ‘‘Shipbuilding and 12 Conversion, Navy’’ shall be considered to be for the same 13 purpose as any subdivision under the heading ‘‘Ship14 building and Conversion, Navy’’ appropriations in any 15 prior fiscal year, and the 1 percent limitation shall apply 16 to the total amount of the appropriation. 17 SEC. 8085. (a) Not later than 60 days after the date 18 of enactment of this Act, the Director of National Intel19 ligence shall submit a report to the congressional intel20 ligence committees to establish the baseline for application 21 of reprogramming and transfer authorities for fiscal year 22 2016: Provided, That the report shall include— 23 (1) a table for each appropriation with a sepa- 24 rate column to display the President’s budget re- 25 quest, adjustments made by Congress, adjustments December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 321 1 due to enacted rescissions, if appropriate, and the 2 fiscal year enacted level; 3 4 5 (2) a delineation in the table for each appropriation by Expenditure Center and project; and (3) an identification of items of special congres- 6 sional interest. 7 (b) None of the funds provided for the National Intel- 8 ligence Program in this Act shall be available for re9 programming or transfer until the report identified in sub10 section (a) is submitted to the congressional intelligence 11 committees, unless the Director of National Intelligence 12 certifies in writing to the congressional intelligence com13 mittees that such reprogramming or transfer is necessary 14 as an emergency requirement. 15 SEC. 8086. None of the funds made available by this 16 Act may be used to eliminate, restructure, or realign Army 17 Contracting Command–New Jersey or make dispropor18 tionate personnel reductions at any Army Contracting 19 Command–New Jersey sites without 30-day prior notifica20 tion to the congressional defense committees. 21 SEC. 8087. None of the funds made available by this 22 Act may be used to retire, divest, realign, or transfer RQ– 23 4B Global Hawk aircraft, or to disestablish or convert 24 units associated with such aircraft. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 322 1 SEC. 8088. None of the funds made available by this 2 Act for excess defense articles, assistance under section 3 1206 of the National Defense Authorization Act for Fiscal 4 Year 2006 (Public Law 109–163; 119 Stat. 3456), or 5 peacekeeping operations for the countries designated an6 nually to be in violation of the standards of the Child Sol7 diers Prevention Act of 2008 (Public Law 110–457; 22 8 U.S.C. 2370c–1) may be used to support any military 9 training or operation that includes child soldiers, as de10 fined by the Child Soldiers Prevention Act of 2008, unless 11 such assistance is otherwise permitted under section 404 12 of the Child Soldiers Prevention Act of 2008. 13 14 (INCLUDING TRANSFER OF FUNDS) SEC. 8089. Of the funds appropriated in the Intel- 15 ligence Community Management Account for the Program 16 Manager for the Information Sharing Environment, 17 $20,000,000 is available for transfer by the Director of 18 National Intelligence to other departments and agencies 19 for purposes of Government-wide information sharing ac20 tivities: Provided, That funds transferred under this provi21 sion are to be merged with and available for the same pur22 poses and time period as the appropriation to which trans23 ferred: Provided further, That the Office of Management 24 and Budget must approve any transfers made under this 25 provision. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 323 1 SEC. 8090. (a) None of the funds provided for the 2 National Intelligence Program in this or any prior appro3 priations Act shall be available for obligation or expendi4 ture through a reprogramming or transfer of funds in ac5 cordance with section 102A(d) of the National Security 6 Act of 1947 (50 U.S.C. 3024(d)) that— 7 (1) creates a new start effort; 8 (2) terminates a program with appropriated 9 10 11 funding of $10,000,000 or more; (3) transfers funding into or out of the National Intelligence Program; or 12 (4) transfers funding between appropriations, 13 unless the congressional intelligence committees are 14 notified 30 days in advance of such reprogramming 15 of funds; this notification period may be reduced for 16 urgent national security requirements. 17 (b) None of the funds provided for the National Intel- 18 ligence Program in this or any prior appropriations Act 19 shall be available for obligation or expenditure through a 20 reprogramming or transfer of funds in accordance with 21 section 102A(d) of the National Security Act of 1947 (50 22 U.S.C. 3024(d)) that results in a cumulative increase or 23 decrease of the levels specified in the classified annex ac24 companying the Act unless the congressional intelligence 25 committees are notified 30 days in advance of such re- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 324 1 programming of funds; this notification period may be re2 duced for urgent national security requirements. 3 SEC. 8091. The Director of National Intelligence 4 shall submit to Congress each year, at or about the time 5 that the President’s budget is submitted to Congress that 6 year under section 1105(a) of title 31, United States 7 Code, a future-years intelligence program (including asso8 ciated annexes) reflecting the estimated expenditures and 9 proposed appropriations included in that budget. Any such 10 future-years intelligence program shall cover the fiscal 11 year with respect to which the budget is submitted and 12 at least the four succeeding fiscal years. 13 SEC. 8092. For the purposes of this Act, the term 14 ‘‘congressional intelligence committees’’ means the Perma15 nent Select Committee on Intelligence of the House of 16 Representatives, the Select Committee on Intelligence of 17 the Senate, the Subcommittee on Defense of the Com18 mittee on Appropriations of the House of Representatives, 19 and the Subcommittee on Defense of the Committee on 20 Appropriations of the Senate. 21 SEC. 8093. The Department of Defense shall con- 22 tinue to report incremental contingency operations costs 23 for Operation Inherent Resolve, Operation Freedom’s Sen24 tinel, and any named successor operations, on a monthly 25 basis and any other operation designated and identified December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 325 1 by the Secretary of Defense for the purposes of section 2 127a of title 10, United States Code, on a semi-annual 3 basis in the Cost of War Execution Report as prescribed 4 in the Department of Defense Financial Management 5 Regulation Department of Defense Instruction 7000.14, 6 Volume 12, Chapter 23 ‘‘Contingency Operations’’, Annex 7 1, dated September 2005. 8 9 (INCLUDING TRANSFER OF FUNDS) SEC. 8094. During the current fiscal year, not to ex- 10 ceed $11,000,000 from each of the appropriations made 11 in title II of this Act for ‘‘Operation and Maintenance, 12 Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper13 ation and Maintenance, Air Force’’ may be transferred by 14 the military department concerned to its central fund es15 tablished for Fisher Houses and Suites pursuant to sec16 tion 2493(d) of title 10, United States Code. 17 18 (INCLUDING TRANSFER OF FUNDS) SEC. 8095. Funds appropriated by this Act for oper- 19 ation and maintenance may be available for the purpose 20 of making remittances and transfer to the Defense Acqui21 sition Workforce Development Fund in accordance with 22 section 1705 of title 10, United States Code. 23 SEC. 8096. (a) Any agency receiving funds made 24 available in this Act, shall, subject to subsections (b) and 25 (c), post on the public Web site of that agency any report December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 326 1 required to be submitted by the Congress in this or any 2 other Act, upon the determination by the head of the agen3 cy that it shall serve the national interest. 4 (b) Subsection (a) shall not apply to a report if— 5 (1) the public posting of the report com- 6 promises national security; or 7 (2) the report contains proprietary information. 8 (c) The head of the agency posting such report shall 9 do so only after such report has been made available to 10 the requesting Committee or Committees of Congress for 11 no less than 45 days. 12 SEC. 8097. (a) None of the funds appropriated or 13 otherwise made available by this Act may be expended for 14 any Federal contract for an amount in excess of 15 $1,000,000, unless the contractor agrees not to— 16 (1) enter into any agreement with any of its 17 employees or independent contractors that requires, 18 as a condition of employment, that the employee or 19 independent contractor agree to resolve through ar- 20 bitration any claim under title VII of the Civil 21 Rights Act of 1964 or any tort related to or arising 22 out of sexual assault or harassment, including as- 23 sault and battery, intentional infliction of emotional 24 distress, false imprisonment, or negligent hiring, su- 25 pervision, or retention; or December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 327 1 (2) take any action to enforce any provision of 2 an existing agreement with an employee or inde- 3 pendent contractor that mandates that the employee 4 or independent contractor resolve through arbitra- 5 tion any claim under title VII of the Civil Rights Act 6 of 1964 or any tort related to or arising out of sex- 7 ual assault or harassment, including assault and 8 battery, intentional infliction of emotional distress, 9 false imprisonment, or negligent hiring, supervision, 10 or retention. 11 (b) None of the funds appropriated or otherwise 12 made available by this Act may be expended for any Fed13 eral contract unless the contractor certifies that it requires 14 each covered subcontractor to agree not to enter into, and 15 not to take any action to enforce any provision of, any 16 agreement as described in paragraphs (1) and (2) of sub17 section (a), with respect to any employee or independent 18 contractor performing work related to such subcontract. 19 For purposes of this subsection, a ‘‘covered subcon20 tractor’’ is an entity that has a subcontract in excess of 21 $1,000,000 on a contract subject to subsection (a). 22 (c) The prohibitions in this section do not apply with 23 respect to a contractor’s or subcontractor’s agreements 24 with employees or independent contractors that may not 25 be enforced in a court of the United States. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 328 1 (d) The Secretary of Defense may waive the applica- 2 tion of subsection (a) or (b) to a particular contractor or 3 subcontractor for the purposes of a particular contract or 4 subcontract if the Secretary or the Deputy Secretary per5 sonally determines that the waiver is necessary to avoid 6 harm to national security interests of the United States, 7 and that the term of the contract or subcontract is not 8 longer than necessary to avoid such harm. The determina9 tion shall set forth with specificity the grounds for the 10 waiver and for the contract or subcontract term selected, 11 and shall state any alternatives considered in lieu of a 12 waiver and the reasons each such alternative would not 13 avoid harm to national security interests of the United 14 States. The Secretary of Defense shall transmit to Con15 gress, and simultaneously make public, any determination 16 under this subsection not less than 15 business days be17 fore the contract or subcontract addressed in the deter18 mination may be awarded. 19 20 (INCLUDING TRANSFER OF FUNDS) SEC. 8098. From within the funds appropriated for 21 operation and maintenance for the Defense Health Pro22 gram in this Act, up to $121,000,000, shall be available 23 for transfer to the Joint Department of Defense-Depart24 ment of Veterans Affairs Medical Facility Demonstration 25 Fund in accordance with the provisions of section 1704 December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 329 1 of the National Defense Authorization Act for Fiscal Year 2 2010, Public Law 111–84: Provided, That for purposes 3 of section 1704(b), the facility operations funded are oper4 ations of the integrated Captain James A. Lovell Federal 5 Health Care Center, consisting of the North Chicago Vet6 erans Affairs Medical Center, the Navy Ambulatory Care 7 Center, and supporting facilities designated as a combined 8 Federal medical facility as described by section 706 of 9 Public Law 110–417: Provided further, That additional 10 funds may be transferred from funds appropriated for op11 eration and maintenance for the Defense Health Program 12 to the Joint Department of Defense-Department of Vet13 erans Affairs Medical Facility Demonstration Fund upon 14 written notification by the Secretary of Defense to the 15 Committees on Appropriations of the House of Represent16 atives and the Senate. 17 SEC. 8099. Appropriations available to the Depart- 18 ment of Defense may be used for the purchase of heavy 19 and light armored vehicles for the physical security of per20 sonnel or for force protection purposes up to a limit of 21 $450,000 per vehicle, notwithstanding price or other limi22 tations applicable to the purchase of passenger carrying 23 vehicles. 24 SEC. 8100. None of the funds appropriated or other- 25 wise made available by this Act or any other Act may be December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 330 1 used by the Department of Defense or a component there2 of in contravention of the provisions of section 130h of 3 title 10, United States Code (as added by section 1671 4 of the National Defense Authorization Act for Fiscal Year 5 2016). 6 SEC. 8101. The Secretary of Defense shall report 7 quarterly the numbers of civilian personnel end strength 8 by appropriation account for each and every appropriation 9 account used to finance Federal civilian personnel salaries 10 to the congressional defense committees within 15 days 11 after the end of each fiscal quarter. 12 13 (INCLUDING TRANSFER OF FUNDS) SEC. 8102. Upon a determination by the Director of 14 National Intelligence that such action is necessary and in 15 the national interest, the Director may, with the approval 16 of the Office of Management and Budget, transfer not to 17 exceed $1,500,000,000 of the funds made available in this 18 Act for the National Intelligence Program: Provided, That 19 such authority to transfer may not be used unless for 20 higher priority items, based on unforeseen intelligence re21 quirements, than those for which originally appropriated 22 and in no case where the item for which funds are re23 quested has been denied by the Congress: Provided further, 24 That a request for multiple reprogrammings of funds December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 331 1 using authority provided in this section shall be made 2 prior to June 30, 2016. 3 SEC. 8103. None of the funds appropriated or other- 4 wise made available in this or any other Act may be used 5 to transfer, release, or assist in the transfer or release to 6 or within the United States, its territories, or possessions 7 Khalid Sheikh Mohammed or any other detainee who— 8 9 (1) is not a United States citizen or a member of the Armed Forces of the United States; and 10 (2) is or was held on or after June 24, 2009, 11 at United States Naval Station, Guanta´namo Bay, 12 Cuba, by the Department of Defense. 13 SEC. 8104. (a) None of the funds appropriated or 14 otherwise made available in this or any other Act may be 15 used to construct, acquire, or modify any facility in the 16 United States, its territories, or possessions to house any 17 individual described in subsection (c) for the purposes of 18 detention or imprisonment in the custody or under the ef19 fective control of the Department of Defense. 20 (b) The prohibition in subsection (a) shall not apply 21 to any modification of facilities at United States Naval 22 Station, Guanta´namo Bay, Cuba. 23 (c) An individual described in this subsection is any 24 individual who, as of June 24, 2009, is located at United 25 States Naval Station, Guanta´namo Bay, Cuba, and who— December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 332 1 (1) is not a citizen of the United States or a 2 member of the Armed Forces of the United States; 3 and 4 5 6 (2) is— (A) in the custody or under the effective control of the Department of Defense; or 7 (B) otherwise under detention at United 8 States Naval Station, Guanta´namo Bay, Cuba. 9 SEC. 8105. None of the funds appropriated or other- 10 wise made available in this Act may be used to transfer 11 any individual detained at United States Naval Station 12 Guanta´namo Bay, Cuba, to the custody or control of the 13 individual’s country of origin, any other foreign country, 14 or any other foreign entity except in accordance with sec15 tions 1033 and 1034 of the National Defense Authoriza16 tion Act for Fiscal Year 2016. 17 SEC. 8106. None of the funds made available by this 18 Act may be used in contravention of the War Powers Res19 olution (50 U.S.C. 1541 et seq.). 20 21 (INCLUDING TRANSFER OF FUNDS) SEC. 8107. Of the amounts appropriated for ‘‘Oper- 22 ation and Maintenance, Navy’’, up to $1,000,000 shall be 23 available for transfer to the John C. Stennis Center for 24 Public Service Development Trust Fund established under December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 333 1 section 116 of the John C. Stennis Center for Public Serv2 ice Training and Development Act (2 U.S.C. 1105). 3 SEC. 8108. None of the funds made available by this 4 Act may be used by the Department of Defense or any 5 other Federal agency to lease or purchase new light duty 6 vehicles, for any executive fleet, or for any agency’s fleet 7 inventory, except in accordance with Presidential Memo8 randum-Federal Fleet Performance, dated May 24, 2011. 9 SEC. 8109. (a) None of the funds appropriated or 10 otherwise made available by this or any other Act may 11 be used by the Secretary of Defense, or any other official 12 or officer of the Department of Defense, to enter into a 13 contract, memorandum of understanding, or cooperative 14 agreement with, or make a grant to, or provide a loan 15 or loan guarantee to Rosoboronexport or any subsidiary 16 of Rosoboronexport. 17 (b) The Secretary of Defense may waive the limita- 18 tion in subsection (a) if the Secretary, in consultation with 19 the Secretary of State and the Director of National Intel20 ligence, determines that it is in the vital national security 21 interest of the United States to do so, and certifies in writ22 ing to the congressional defense committees that, to the 23 best of the Secretary’s knowledge: 24 (1) Rosoboronexport has ceased the transfer of 25 lethal military equipment to, and the maintenance of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 334 1 existing lethal military equipment for, the Govern- 2 ment of the Syrian Arab Republic; 3 (2) The armed forces of the Russian Federation 4 have withdrawn from Crimea, other than armed 5 forces present on military bases subject to agree- 6 ments in force between the Government of the Rus- 7 sian Federation and the Government of Ukraine; 8 and 9 (3) Agents of the Russian Federation have 10 ceased taking active measures to destabilize the con- 11 trol of the Government of Ukraine over eastern 12 Ukraine. 13 (c) The Inspector General of the Department of De- 14 fense shall conduct a review of any action involving 15 Rosoboronexport with respect to a waiver issued by the 16 Secretary of Defense pursuant to subsection (b), and not 17 later than 90 days after the date on which such a waiver 18 is issued by the Secretary of Defense, the Inspector Gen19 eral shall submit to the congressional defense committees 20 a report containing the results of the review conducted 21 with respect to such waiver. 22 SEC. 8110. None of the funds made available in this 23 Act may be used for the purchase or manufacture of a 24 flag of the United States unless such flags are treated as December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 335 1 covered items under section 2533a(b) of title 10, United 2 States Code. 3 SEC. 8111. (a) Of the funds appropriated in this Act 4 for the Department of Defense, amounts may be made 5 available, under such regulations as the Secretary of De6 fense may prescribe, to local military commanders ap7 pointed by the Secretary, or by an officer or employee des8 ignated by the Secretary, to provide at their discretion ex 9 gratia payments in amounts consistent with subsection (d) 10 of this section for damage, personal injury, or death that 11 is incident to combat operations of the Armed Forces in 12 a foreign country. 13 (b) An ex gratia payment under this section may be 14 provided only if— 15 (1) the prospective foreign civilian recipient is 16 determined by the local military commander to be 17 friendly to the United States; 18 (2) a claim for damages would not be compen- 19 sable under chapter 163 of title 10, United States 20 Code (commonly known as the ‘‘Foreign Claims 21 Act’’); and 22 (3) the property damage, personal injury, or 23 death was not caused by action by an enemy. 24 (c) NATURE OF PAYMENTS.—Any payments provided 25 under a program under subsection (a) shall not be consid- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 336 1 ered an admission or acknowledgement of any legal obliga2 tion to compensate for any damage, personal injury, or 3 death. 4 (d) AMOUNT OF PAYMENTS.—If the Secretary of De- 5 fense determines a program under subsection (a) to be ap6 propriate in a particular setting, the amounts of pay7 ments, if any, to be provided to civilians determined to 8 have suffered harm incident to combat operations of the 9 Armed Forces under the program should be determined 10 pursuant to regulations prescribed by the Secretary and 11 based on an assessment, which should include such factors 12 as cultural appropriateness and prevailing economic condi13 tions. 14 (e) LEGAL ADVICE.—Local military commanders 15 shall receive legal advice before making ex gratia pay16 ments under this subsection. The legal advisor, under reg17 ulations of the Department of Defense, shall advise on 18 whether an ex gratia payment is proper under this section 19 and applicable Department of Defense regulations. 20 (f) WRITTEN RECORD.—A written record of any ex 21 gratia payment offered or denied shall be kept by the local 22 commander and on a timely basis submitted to the appro23 priate office in the Department of Defense as determined 24 by the Secretary of Defense. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 337 1 (g) REPORT.—The Secretary of Defense shall report 2 to the congressional defense committees on an annual 3 basis the efficacy of the ex gratia payment program in4 cluding the number of types of cases considered, amounts 5 offered, the response from ex gratia payment recipients, 6 and any recommended modifications to the program. 7 SEC. 8112. None of the funds available in this Act 8 to the Department of Defense, other than appropriations 9 made for necessary or routine refurbishments, upgrades 10 or maintenance activities, shall be used to reduce or to 11 prepare to reduce the number of deployed and non-de12 ployed strategic delivery vehicles and launchers below the 13 levels set forth in the report submitted to Congress in ac14 cordance with section 1042 of the National Defense Au15 thorization Act for Fiscal Year 2012. 16 SEC. 8113. The Secretary of Defense shall post grant 17 awards on a public Web site in a searchable format. 18 SEC. 8114. None of the funds made available by this 19 Act may be used to realign forces at Lajes Air Force Base, 20 Azores, Portugal, until the Secretary of Defense certifies 21 to the congressional defense committees that the Secretary 22 of Defense has determined, based on an analysis of oper23 ational requirements, that Lajes Air Force Base is not an 24 optimal location for the Joint Intelligence Analysis Com25 plex. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 338 1 SEC. 8115. None of the funds made available by this 2 Act may be used to fund the performance of a flight dem3 onstration team at a location outside of the United States: 4 Provided, That this prohibition applies only if a perform5 ance of a flight demonstration team at a location within 6 the United States was canceled during the current fiscal 7 year due to insufficient funding. 8 SEC. 8116. None of the funds made available by this 9 Act may be used by the National Security Agency to— 10 (1) conduct an acquisition pursuant to section 11 702 of the Foreign Intelligence Surveillance Act of 12 1978 for the purpose of targeting a United States 13 person; or 14 (2) acquire, monitor, or store the contents (as 15 such term is defined in section 2510(8) of title 18, 16 United States Code) of any electronic communica- 17 tion of a United States person from a provider of 18 electronic communication services to the public pur- 19 suant to section 501 of the Foreign Intelligence Sur- 20 veillance Act of 1978. 21 22 (INCLUDING TRANSFER OF FUNDS) SEC. 8117. In addition to amounts provided else- 23 where in this Act for basic allowance for housing for mili24 tary personnel, including active duty, reserve and National 25 Guard personnel, $300,000,000 is hereby appropriated to December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 339 1 the Department of Defense and made available for trans2 fer only to military personnel accounts: Provided, That the 3 transfer authority provided under this heading is in addi4 tion to any other transfer authority provided elsewhere in 5 this Act. 6 SEC. 8118. None of the funds made available by this 7 Act may be obligated or expended to implement the Arms 8 Trade Treaty until the Senate approves a resolution of 9 ratification for the Treaty. 10 SEC. 8119. None of the funds made available in this 11 or any other Act may be used to pay the salary of any 12 officer or employee of any agency funded by this Act who 13 approves or implements the transfer of administrative re14 sponsibilities or budgetary resources of any program, 15 project, or activity financed by this Act to the jurisdiction 16 of another Federal agency not financed by this Act with17 out the express authorization of Congress: Provided, That 18 this limitation shall not apply to transfers of funds ex19 pressly provided for in Defense Appropriations Acts, or 20 provisions of Acts providing supplemental appropriations 21 for the Department of Defense. 22 SEC. 8120. None of the funds appropriated or other- 23 wise made available by this Act may be used in contraven24 tion of section 1054 of the National Defense Authorization 25 Act for Fiscal Year 2016, regarding transfer of AH–64 December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 340 1 Apache helicopters from the Army National Guard to reg2 ular Army. 3 SEC. 8121. None of the funds made available in this 4 Act may be obligated for activities authorized under sec5 tion 1208 of the Ronald W. Reagan National Defense Au6 thorization Act for Fiscal Year 2005 (Public Law 112– 7 81; 125 Stat. 1621) to initiate support for, or expand sup8 port to, foreign forces, irregular forces, groups, or individ9 uals unless the congressional defense committees are noti10 fied in accordance with the direction contained in the clas11 sified annex accompanying this Act, not less than 15 days 12 before initiating such support: Provided, That none of the 13 funds made available in this Act may be used under sec14 tion 1208 for any activity that is not in support of an 15 ongoing military operation being conducted by United 16 States Special Operations Forces to combat terrorism: 17 Provided further, That the Secretary of Defense may waive 18 the prohibitions in this section if the Secretary determines 19 that such waiver is required by extraordinary cir20 cumstances and, by not later than 72 hours after making 21 such waiver, notifies the congressional defense committees 22 of such waiver. 23 SEC. 8122. None of the funds made available by this 24 Act may be used with respect to Iraq in contravention of 25 the War Powers Resolution (50 U.S.C. 1541 et seq.), in- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 341 1 cluding for the introduction of United States armed forces 2 into hostilities in Iraq, into situations in Iraq where immi3 nent involvement in hostilities is clearly indicated by the 4 circumstances, or into Iraqi territory, airspace, or waters 5 while equipped for combat, in contravention of the con6 gressional consultation and reporting requirements of sec7 tions 3 and 4 of such Resolution (50 U.S.C. 1542 and 8 1543). 9 SEC. 8123. None of the funds made available by this 10 Act may be used to divest, retire, transfer, or place in stor11 age or on backup aircraft inventory status, or prepare to 12 divest, retire, transfer, or place in storage or on backup 13 aircraft inventory status, any A–10 aircraft, or to dis14 establish any units of the active or reserve component as15 sociated with such aircraft. 16 SEC. 8124. Of the funds provided for ‘‘Research, De- 17 velopment, Test and Evaluation, Defense-Wide’’ in this 18 Act, not less than $2,800,000 shall be used to support 19 the Department’s activities related to the implementation 20 of the Digital Accountability and Transparency Act (Pub21 lic Law 113–101; 31 U.S.C. 6101 note) and to support 22 the implementation of a uniform procurement instrument 23 identifier as described in subpart 4.16 of Title 48, Code 24 of Federal Regulations, to include changes in business 25 processes, workforce, or information technology. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 342 1 SEC. 8125. None of the funds provided in this Act 2 for the T–AO(X) program shall be used to award a new 3 contract that provides for the acquisition of the following 4 components unless those components are manufactured in 5 the United States: Auxiliary equipment (including pumps) 6 for shipboard services; propulsion equipment (including 7 engines, reduction gears, and propellers); shipboard 8 cranes; and spreaders for shipboard cranes: Provided, 9 That the Secretary of the military department responsible 10 for such procurement may waive these restrictions on a 11 case-by-case basis by certifying in writing to the Commit12 tees on Appropriations of the House of Representatives 13 and the Senate that adequate domestic supplies are not 14 available to meet Department of Defense requirements on 15 a timely and cost competitive basis and that such an ac16 quisition must be made in order to acquire capability for 17 national security purposes. 18 SEC. 8126. The amounts appropriated in title II of 19 this Act are hereby reduced by $389,000,000 to reflect 20 excess cash balances in Department of Defense Working 21 Capital Funds, as follows: 22 23 24 25 December 16, 2015 (1:04 a.m.) (1) From ‘‘Operation and Maintenance, Army’’, $138,000,000; (2) From ‘‘Operation and Maintenance, Air Force’’, $251,000,000. U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 343 1 2 (RESCISSION) SEC. 8127. Of the unobligated balances available to 3 the Department of Defense, the following funds are per4 manently rescinded from the following accounts and pro5 grams in the specified amounts to reflect excess cash bal6 ances in Department of Defense Working Capital Funds: 7 Provided, That no amounts may be rescinded from 8 amounts that were designated by the Congress for Over9 seas Contingency Operations/Global War on Terrorism or 10 as an emergency requirement pursuant to the Concurrent 11 Resolution on the Budget or the Balanced Budget and 12 Emergency Deficit Control Act of 1985, as amended: 13 From ‘‘Defense Working Capital Fund, De- 14 fense, X’’, $1,037,000,000. 15 SEC. 8128. Notwithstanding any other provision of 16 this Act, to reflect savings due to lower than anticipated 17 fuel costs, the total amount appropriated in title II of this 18 Act is hereby reduced by $2,576,000,000. 19 SEC. 8129. None of the funds made available by this 20 Act may be used to divest or retire, or to prepare to divest 21 or retire, KC–10 aircraft. 22 SEC. 8130. None of the funds made available by this 23 Act may be used to divest, retire, transfer, or place in stor24 age or on backup aircraft inventory status, or prepare to December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 344 1 divest, retire, transfer, or place in storage or on backup 2 aircraft inventory status, any EC–130H aircraft. 3 SEC. 8131. None of the funds made available by this 4 Act may be used for Government Travel Charge Card ex5 penses by military or civilian personnel of the Department 6 of Defense for gaming, or for entertainment that includes 7 topless or nude entertainers or participants, as prohibited 8 by Department of Defense FMR, Volume 9, Chapter 3 9 and Department of Defense Instruction 1015.10 (enclo10 sure 3, 14a and 14b). 11 SEC. 8132. None of the funds made available by this 12 Act may be used to propose, plan for, or execute a new 13 or additional Base Realignment and Closure (BRAC) 14 round. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 345 1 TITLE IX 2 OVERSEAS CONTINGENCY OPERATIONS/GLOBAL 3 WAR ON TERRORISM 4 MILITARY PERSONNEL 5 MILITARY PERSONNEL, ARMY 6 For an additional amount for ‘‘Military Personnel, 7 Army’’, $1,846,356,000: Provided, That such amount is 8 designated by the Congress for Overseas Contingency Op9 erations/Global War on Terrorism pursuant to section 10 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 11 Deficit Control Act of 1985. 12 13 MILITARY PERSONNEL, NAVY For an additional amount for ‘‘Military Personnel, 14 Navy’’, $251,011,000: Provided, That such amount is des15 ignated by the Congress for Overseas Contingency Oper16 ations/Global War on Terrorism pursuant to section 17 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 18 Deficit Control Act of 1985. 19 20 MILITARY PERSONNEL, MARINE CORPS For an additional amount for ‘‘Military Personnel, 21 Marine Corps’’, $171,079,000: Provided, That such 22 amount is designated by the Congress for Overseas Con23 tingency Operations/Global War on Terrorism pursuant to 24 section 251(b)(2)(A)(ii) of the Balanced Budget and 25 Emergency Deficit Control Act of 1985. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 346 1 2 MILITARY PERSONNEL, AIR FORCE For an additional amount for ‘‘Military Personnel, 3 Air Force’’, $726,126,000: Provided, That such amount 4 is designated by the Congress for Overseas Contingency 5 Operations/Global War on Terrorism pursuant to section 6 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 7 Deficit Control Act of 1985. 8 9 RESERVE PERSONNEL, ARMY For an additional amount for ‘‘Reserve Personnel, 10 Army’’, $24,462,000: Provided, That such amount is des11 ignated by the Congress for Overseas Contingency Oper12 ations/Global War on Terrorism pursuant to section 13 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 14 Deficit Control Act of 1985. 15 16 RESERVE PERSONNEL, NAVY For an additional amount for ‘‘Reserve Personnel, 17 Navy’’, $12,693,000: Provided, That such amount is des18 ignated by the Congress for Overseas Contingency Oper19 ations/Global War on Terrorism pursuant to section 20 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 21 Deficit Control Act of 1985. 22 23 RESERVE PERSONNEL, MARINE CORPS For an additional amount for ‘‘Reserve Personnel, 24 Marine Corps’’, $3,393,000: Provided, That such amount 25 is designated by the Congress for Overseas Contingency December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 347 1 Operations/Global War on Terrorism pursuant to section 2 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 3 Deficit Control Act of 1985. 4 5 RESERVE PERSONNEL, AIR FORCE For an additional amount for ‘‘Reserve Personnel, 6 Air Force’’, $18,710,000: Provided, That such amount is 7 designated by the Congress for Overseas Contingency Op8 erations/Global War on Terrorism pursuant to section 9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 10 Deficit Control Act of 1985. 11 12 NATIONAL GUARD PERSONNEL, ARMY For an additional amount for ‘‘National Guard Per- 13 sonnel, Army’’, $166,015,000: Provided, That such 14 amount is designated by the Congress for Overseas Con15 tingency Operations/Global War on Terrorism pursuant to 16 section 251(b)(2)(A)(ii) of the Balanced Budget and 17 Emergency Deficit Control Act of 1985. 18 19 NATIONAL GUARD PERSONNEL, AIR FORCE For an additional amount for ‘‘National Guard Per- 20 sonnel, Air Force’’, $2,828,000: Provided, That such 21 amount is designated by the Congress for Overseas Con22 tingency Operations/Global War on Terrorism pursuant to 23 section 251(b)(2)(A)(ii) of the Balanced Budget and 24 Emergency Deficit Control Act of 1985. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 348 1 OPERATION AND MAINTENANCE 2 OPERATION 3 AND MAINTENANCE, ARMY For an additional amount for ‘‘Operation and Main- 4 tenance, Army’’, $14,994,833,000: Provided, That such 5 amount is designated by the Congress for Overseas Con6 tingency Operations/Global War on Terrorism pursuant to 7 section 251(b)(2)(A)(ii) of the Balanced Budget and 8 Emergency Deficit Control Act of 1985. 9 10 OPERATION AND MAINTENANCE, NAVY For an additional amount for ‘‘Operation and Main- 11 tenance, Navy’’, $7,169,611,000: Provided, That such 12 amount is designated by the Congress for Overseas Con13 tingency Operations/Global War on Terrorism pursuant to 14 section 251(b)(2)(A)(ii) of the Balanced Budget and 15 Emergency Deficit Control Act of 1985. 16 OPERATION 17 For an additional amount for ‘‘Operation and Main- AND MAINTENANCE, MARINE CORPS 18 tenance, Marine Corps’’, $1,372,534,000: Provided, That 19 such amount is designated by the Congress for Overseas 20 Contingency Operations/Global War on Terrorism pursu21 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 22 and Emergency Deficit Control Act of 1985. 23 24 OPERATION AND MAINTENANCE, AIR FORCE For an additional amount for ‘‘Operation and Main- 25 tenance, Air Force’’, $11,128,813,000: Provided, That December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 349 1 such amount is designated by the Congress for Overseas 2 Contingency Operations/Global War on Terrorism pursu3 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 4 and Emergency Deficit Control Act of 1985. 5 OPERATION 6 AND MAINTENANCE, DEFENSE-WIDE For an additional amount for ‘‘Operation and Main- 7 tenance, Defense-Wide’’, $5,665,633,000: Provided, That 8 of the funds provided under this heading, not to exceed 9 $1,160,000,000, to remain available until September 30, 10 2017, shall be for payments to reimburse key cooperating 11 nations for logistical, military, and other support, includ12 ing access, provided to United States military and stability 13 operations in Afghanistan and to counter the Islamic 14 State of Iraq and the Levant: Provided further, That such 15 reimbursement payments may be made in such amounts 16 as the Secretary of Defense, with the concurrence of the 17 Secretary of State, and in consultation with the Director 18 of the Office of Management and Budget, may determine, 19 based on documentation determined by the Secretary of 20 Defense to adequately account for the support provided, 21 and such determination is final and conclusive upon the 22 accounting officers of the United States, and 15 days fol23 lowing notification to the appropriate congressional com24 mittees: Provided further, That these funds may be used 25 for the purpose of providing specialized training and pro- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 350 1 curing supplies and specialized equipment and providing 2 such supplies and loaning such equipment on a non-reim3 bursable basis to coalition forces supporting United States 4 military and stability operations in Afghanistan and to 5 counter the Islamic State of Iraq and the Levant, and 15 6 days following notification to the appropriate congres7 sional committees: Provided further, That these funds may 8 be used to support the Governments of Jordan and Leb9 anon, in such amounts as the Secretary of Defense may 10 determine, to enhance the ability of the armed forces of 11 Jordan to increase or sustain security along its borders 12 and the ability of the armed forces of Lebanon to increase 13 or sustain security along its borders, upon 15 days prior 14 written notification to the congressional defense commit15 tees outlining the amounts intended to be provided and 16 the nature of the expenses incurred: Provided further, 17 That of the funds provided under this heading, up to 18 $30,000,000 shall be for Operation Observant Compass: 19 Provided further, That the Secretary of Defense shall pro20 vide quarterly reports to the congressional defense com21 mittees on the use of funds provided in this paragraph: 22 Provided further, That such amount is designated by the 23 Congress for Overseas Contingency Operations/Global 24 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 351 1 the Balanced Budget and Emergency Deficit Control Act 2 of 1985. 3 OPERATION 4 For an additional amount for ‘‘Operation and Main- AND MAINTENANCE, ARMY RESERVE 5 tenance, Army Reserve’’, $99,559,000: Provided, That 6 such amount is designated by the Congress for Overseas 7 Contingency Operations/Global War on Terrorism pursu8 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 9 and Emergency Deficit Control Act of 1985. 10 OPERATION 11 For an additional amount for ‘‘Operation and Main- AND MAINTENANCE, NAVY RESERVE 12 tenance, Navy Reserve’’, $31,643,000: Provided, That 13 such amount is designated by the Congress for Overseas 14 Contingency Operations/Global War on Terrorism pursu15 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 16 and Emergency Deficit Control Act of 1985. 17 18 19 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE For an additional amount for ‘‘Operation and Main- 20 tenance, Marine Corps Reserve’’, $3,455,000: Provided, 21 That such amount is designated by the Congress for Over22 seas Contingency Operations/Global War on Terrorism 23 pursuant to section 251(b)(2)(A)(ii) of the Balanced 24 Budget and Emergency Deficit Control Act of 1985. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 352 1 OPERATION 2 AND MAINTENANCE, AIR FORCE RESERVE For an additional amount for ‘‘Operation and Main- 3 tenance, Air Force Reserve’’, $58,106,000: Provided, That 4 such amount is designated by the Congress for Overseas 5 Contingency Operations/Global War on Terrorism pursu6 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 7 and Emergency Deficit Control Act of 1985. 8 OPERATION AND 9 MAINTENANCE, ARMY NATIONAL GUARD 10 For an additional amount for ‘‘Operation and Main- 11 tenance, Army National Guard’’, $135,845,000: Provided, 12 That such amount is designated by the Congress for Over13 seas Contingency Operations/Global War on Terrorism 14 pursuant to section 251(b)(2)(A)(ii) of the Balanced 15 Budget and Emergency Deficit Control Act of 1985. 16 OPERATION 17 AND MAINTENANCE, AIR NATIONAL GUARD For an additional amount for ‘‘Operation and Main- 18 tenance, Air National Guard’’, $19,900,000: Provided, 19 That such amount is designated by the Congress for Over20 seas Contingency Operations/Global War on Terrorism 21 pursuant to section 251(b)(2)(A)(ii) of the Balanced 22 Budget and Emergency Deficit Control Act of 1985. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 353 1 COUNTERTERRORISM PARTNERSHIPS FUND 2 (INCLUDING TRANSFER OF FUNDS) 3 For the ‘‘Counterterrorism Partnerships Fund’’, 4 $1,100,000,000, to remain available until September 30, 5 2017: Provided, That such funds shall be available to pro6 vide support and assistance to foreign security forces or 7 other groups or individuals to conduct, support, or facili8 tate counterterrorism and crisis response activities: Pro9 vided further, That the Secretary of Defense shall transfer 10 the funds provided herein to other appropriations provided 11 for in this Act to be merged with and to be available for 12 the same purposes and subject to the same authorities and 13 for the same time period as the appropriation to which 14 transferred: Provided further, That the transfer authority 15 under this heading is in addition to any other transfer au16 thority provided elsewhere in this Act: Provided further, 17 That the funds available under this heading are available 18 for transfer only to the extent that the Secretary of De19 fense submits a prior approval reprogramming request to 20 the congressional defense committees: Provided further, 21 That the Secretary of Defense shall comply with the ap22 propriate vetting standards and procedures established in 23 division C of the Consolidated and Further Continuing 24 Appropriations Act of 2015 (Public Law 113–235) for any 25 recipient of training, equipment, or other assistance: Pro- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 354 1 vided further, That the amount provided under this head2 ing is designated by the Congress for Overseas Contin3 gency Operations/Global War on Terrorism pursuant to 4 section 251(b)(2)(A)(ii) of the Balanced Budget and 5 Emergency Deficit Control Act of 1985. 6 7 AFGHANISTAN SECURITY FORCES FUND For the ‘‘Afghanistan Security Forces Fund’’, 8 $3,652,257,000, to remain available until September 30, 9 2017: Provided, That such funds shall be available to the 10 Secretary of Defense, notwithstanding any other provision 11 of law, for the purpose of allowing the Commander, Com12 bined Security Transition Command—Afghanistan, or the 13 Secretary’s designee, to provide assistance, with the con14 currence of the Secretary of State, to the security forces 15 of Afghanistan, including the provision of equipment, sup16 plies, services, training, facility and infrastructure repair, 17 renovation, construction, and funding: Provided further, 18 That the Secretary of Defense may obligate and expend 19 funds made available to the Department of Defense in this 20 title for additional costs associated with existing projects 21 previously funded with amounts provided under the head22 ing ‘‘Afghanistan Infrastructure Fund’’ in prior Acts: Pro23 vided further, That such costs shall be limited to contract 24 changes resulting from inflation, market fluctuation, rate 25 adjustments, and other necessary contract actions to com- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 355 1 plete existing projects, and associated supervision and ad2 ministration costs and costs for design during construc3 tion: Provided further, That the Secretary may not use 4 more than $50,000,000 under the authority provided in 5 this section: Provided further, That the Secretary shall no6 tify in advance such contract changes and adjustments in 7 annual reports to the congressional defense committees: 8 Provided further, That the authority to provide assistance 9 under this heading is in addition to any other authority 10 to provide assistance to foreign nations: Provided further, 11 That contributions of funds for the purposes provided 12 herein from any person, foreign government, or inter13 national organization may be credited to this Fund, to re14 main available until expended, and used for such purposes: 15 Provided further, That the Secretary of Defense shall no16 tify the congressional defense committees in writing upon 17 the receipt and upon the obligation of any contribution, 18 delineating the sources and amounts of the funds received 19 and the specific use of such contributions: Provided fur20 ther, That the Secretary of Defense shall, not fewer than 21 15 days prior to obligating from this appropriation ac22 count, notify the congressional defense committees in writ23 ing of the details of any such obligation: Provided further, 24 That the Secretary of Defense shall notify the congres25 sional defense committees of any proposed new projects December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 356 1 or transfer of funds between budget sub-activity groups 2 in excess of $20,000,000: Provided further, That the 3 United States may accept equipment procured using funds 4 provided under this heading in this or prior Acts that was 5 transferred to the security forces of Afghanistan and re6 turned by such forces to the United States: Provided fur7 ther, That equipment procured using funds provided under 8 this heading in this or prior Acts, and not yet transferred 9 to the security forces of Afghanistan or transferred to the 10 security forces of Afghanistan and returned by such forces 11 to the United States, may be treated as stocks of the De12 partment of Defense upon written notification to the con13 gressional defense committees: Provided further, That of 14 the funds provided under this heading, not less than 15 $10,000,000 shall be for recruitment and retention of 16 women in the Afghanistan National Security Forces, and 17 the recruitment and training of female security personnel: 18 Provided further, That such amount is designated by the 19 Congress for Overseas Contingency Operations/Global 20 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 21 the Balanced Budget and Emergency Deficit Control Act 22 of 1985. 23 24 IRAQ TRAIN For the ‘‘Iraq AND EQUIP FUND Train and Equip Fund’’, 25 $715,000,000, to remain available until September 30, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 357 1 2017: Provided, That such funds shall be available to the 2 Secretary of Defense, in coordination with the Secretary 3 of State, to provide assistance, including training; equip4 ment; logistics support, supplies, and services; stipends; 5 infrastructure repair, renovation, and sustainment, to 6 military and other security forces of or associated with the 7 Government of Iraq, including Kurdish and tribal security 8 forces or other local security forces, with a national secu9 rity mission, to counter the Islamic State of Iraq and the 10 Levant: Provided further, That the Secretary of Defense 11 shall ensure that prior to providing assistance to elements 12 of any forces such elements are appropriately vetted, in13 cluding at a minimum, assessing such elements for asso14 ciations with terrorist groups or groups associated with 15 the Government of Iran; and receiving commitments from 16 such elements to promote respect for human rights and 17 the rule of law: Provided further, That the Secretary of 18 Defense may accept and retain contributions, including as19 sistance in-kind, from foreign governments, including the 20 Government of Iraq, and other entities, to carry out assist21 ance authorized under this heading: Provided further, 22 That contributions of funds for the purposes provided 23 herein from any foreign government or other entities, may 24 be credited to this Fund, to remain available until ex25 pended, and used for such purposes: Provided further, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 358 1 That not more than 25 percent of the funds appropriated 2 under this heading may be obligated or expended until not 3 fewer than 15 days after: (1) the Secretary of Defense 4 submits a report to the appropriate congressional commit5 tees, describing the plan for the provision of such training 6 and assistance and the forces designated to receive such 7 assistance; and (2) the President submits a report to the 8 appropriate congressional committees on how assistance 9 provided under this heading supports a larger regional 10 strategy: Provided further, That of the amount provided 11 under this heading, not more than 60 percent may be obli12 gated or expended until not fewer than 15 days after the 13 date on which the Secretary of Defense certifies to the 14 appropriate congressional committees that an amount 15 equal to not less than 40 percent of the amount provided 16 under this heading has been contributed by other coun17 tries and entities for the purposes for which funds are pro18 vided under this heading, of which at least 50 percent 19 shall have been contributed or provided by the Govern20 ment of Iraq: Provided further, That the limitation in the 21 preceding proviso shall not apply if the Secretary of De22 fense determines, in writing, that the national security ob23 jectives of the United States will be compromised by the 24 application of the limitation to such assistance, and noti25 fies the appropriate congressional committees not less December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 359 1 than 15 days in advance of the exemption taking effect, 2 including a justification for the Secretary’s determination 3 and a description of the assistance to be exempted from 4 the application of such limitation: Provided further, That 5 the Secretary of Defense may waive a provision of law re6 lating to the acquisition of items and support services or 7 sections 40 and 40A of the Arms Export Control Act (22 8 U.S.C. 2780 and 2785) if the Secretary determines such 9 provisions of law would prohibit, restrict, delay or other10 wise limit the provision of such assistance and a notice 11 of and justification for such waiver is submitted to the 12 appropriate congressional committees: Provided further, 13 That the term ‘‘appropriate congressional committees’’ 14 under this heading means the ‘‘congressional defense com15 mittees’’, the Committees on Appropriations and Foreign 16 Relations of the Senate and the Committees on Appropria17 tions and Foreign Affairs of the House of Representatives: 18 Provided further, That amounts made available under this 19 heading are designated by the Congress for Overseas Con20 tingency Operations/Global War on Terrorism pursuant to 21 section 251(b)(2)(A)(ii) of the Balanced Budget and 22 Emergency Deficit Control Act of 1985. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 360 1 PROCUREMENT 2 AIRCRAFT PROCUREMENT, ARMY 3 For an additional amount for ‘‘Aircraft Procurement, 4 Army’’, $161,987,000, to remain available until Sep5 tember 30, 2018: Provided, That such amount is des6 ignated by the Congress for Overseas Contingency Oper7 ations/Global War on Terrorism pursuant to section 8 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 9 Deficit Control Act of 1985. 10 MISSILE PROCUREMENT, ARMY 11 For an additional amount for ‘‘Missile Procurement, 12 Army’’, $37,260,000, to remain available until September 13 30, 2018: Provided, That such amount is designated by 14 the Congress for Overseas Contingency Operations/Global 15 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 16 the Balanced Budget and Emergency Deficit Control Act 17 of 1985. 18 PROCUREMENT 19 20 OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY For an additional amount for ‘‘Procurement of Weap- 21 ons and Tracked Combat Vehicles, Army’’, $486,630,000, 22 to remain available until September 30, 2018: Provided, 23 That such amount is designated by the Congress for Over24 seas Contingency Operations/Global War on Terrorism December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 361 1 pursuant to section 251(b)(2)(A)(ii) of the Balanced 2 Budget and Emergency Deficit Control Act of 1985. 3 4 PROCUREMENT OF AMMUNITION, ARMY For an additional amount for ‘‘Procurement of Am- 5 munition, Army’’, $222,040,000, to remain available until 6 September 30, 2018: Provided, That such amount is des7 ignated by the Congress for Overseas Contingency Oper8 ations/Global War on Terrorism pursuant to section 9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 10 Deficit Control Act of 1985. 11 12 OTHER PROCUREMENT, ARMY For an additional amount for ‘‘Other Procurement, 13 Army’’, $1,175,596,000, to remain available until Sep14 tember 30, 2018: Provided, That such amount is des15 ignated by the Congress for Overseas Contingency Oper16 ations/Global War on Terrorism pursuant to section 17 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 18 Deficit Control Act of 1985. 19 20 AIRCRAFT PROCUREMENT, NAVY For an additional amount for ‘‘Aircraft Procurement, 21 Navy’’, $210,990,000, to remain available until September 22 30, 2018: Provided, That such amount is designated by 23 the Congress for Overseas Contingency Operations/Global 24 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 362 1 the Balanced Budget and Emergency Deficit Control Act 2 of 1985. 3 PROCUREMENT 4 5 OF AMMUNITION, NAVY AND MARINE CORPS For an additional amount for ‘‘Procurement of Am- 6 munition, Navy and Marine Corps’’, $117,966,000, to re7 main available until September 30, 2018: Provided, That 8 such amount is designated by the Congress for Overseas 9 Contingency Operations/Global War on Terrorism pursu10 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 11 and Emergency Deficit Control Act of 1985. 12 13 OTHER PROCUREMENT, NAVY For an additional amount for ‘‘Other Procurement, 14 Navy’’, $12,186,000, to remain available until September 15 30, 2018: Provided, That such amount is designated by 16 the Congress for Overseas Contingency Operations/Global 17 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 18 the Balanced Budget and Emergency Deficit Control Act 19 of 1985. 20 21 PROCUREMENT, MARINE CORPS For an additional amount for ‘‘Procurement, Marine 22 Corps’’, $56,934,000, to remain available until September 23 30, 2018: Provided, That such amount is designated by 24 the Congress for Overseas Contingency Operations/Global 25 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 363 1 the Balanced Budget and Emergency Deficit Control Act 2 of 1985. 3 4 AIRCRAFT PROCUREMENT, AIR FORCE For an additional amount for ‘‘Aircraft Procurement, 5 Air Force’’, $128,900,000, to remain available until Sep6 tember 30, 2018: Provided, That such amount is des7 ignated by the Congress for Overseas Contingency Oper8 ations/Global War on Terrorism pursuant to section 9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 10 Deficit Control Act of 1985. 11 12 MISSILE PROCUREMENT, AIR FORCE For an additional amount for ‘‘Missile Procurement, 13 Air Force’’, $289,142,000, to remain available until Sep14 tember 30, 2018: Provided, That such amount is des15 ignated by the Congress for Overseas Contingency Oper16 ations/Global War on Terrorism pursuant to section 17 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 18 Deficit Control Act of 1985. 19 20 PROCUREMENT OF AMMUNITION, AIR FORCE For an additional amount for ‘‘Procurement of Am- 21 munition, Air Force’’, $228,874,000, to remain available 22 until September 30, 2018: Provided, That such amount 23 is designated by the Congress for Overseas Contingency 24 Operations/Global War on Terrorism pursuant to section December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 364 1 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 2 Deficit Control Act of 1985. 3 4 OTHER PROCUREMENT, AIR FORCE For an additional amount for ‘‘Other Procurement, 5 Air Force’’, $3,477,001,000, to remain available until 6 September 30, 2018: Provided, That such amount is des7 ignated by the Congress for Overseas Contingency Oper8 ations/Global War on Terrorism pursuant to section 9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 10 Deficit Control Act of 1985. 11 12 PROCUREMENT, DEFENSE-WIDE For an additional amount for ‘‘Procurement, De- 13 fense-Wide’’, $173,918,000, to remain available until Sep14 tember 30, 2018: Provided, That such amount is des15 ignated by the Congress for Overseas Contingency Oper16 ations/Global War on Terrorism pursuant to section 17 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 18 Deficit Control Act of 1985. 19 NATIONAL GUARD 20 AND RESERVE EQUIPMENT ACCOUNT For procurement of rotary-wing aircraft; combat, tac- 21 tical and support vehicles; other weapons; and other pro22 curement items for the reserve components of the Armed 23 Forces, $1,000,000,000, to remain available for obligation 24 until September 30, 2018: Provided, That the Chiefs of 25 National Guard and Reserve components shall, not later December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 365 1 than 30 days after enactment of this Act, individually sub2 mit to the congressional defense committees the mod3 ernization priority assessment for their respective Na4 tional Guard or Reserve component: Provided further, 5 That none of the funds made available by this paragraph 6 may be used to procure manned fixed wing aircraft, or 7 procure or modify missiles, munitions, or ammunition: 8 Provided further, That such amount is designated by the 9 Congress for Overseas Contingency Operations/Global 10 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 11 the Balanced Budget and Emergency Deficit Control Act 12 of 1985. 13 RESEARCH, DEVELOPMENT, TEST AND 14 EVALUATION 15 RESEARCH, DEVELOPMENT, TEST 16 17 AND EVALUATION, ARMY For an additional amount for ‘‘Research, Develop- 18 ment, Test and Evaluation, Army’’, $1,500,000, to remain 19 available until September 30, 2017: Provided, That such 20 amount is designated by the Congress for Overseas Con21 tingency Operations/Global War on Terrorism pursuant to 22 section 251(b)(2)(A)(ii) of the Balanced Budget and 23 Emergency Deficit Control Act of 1985. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 366 1 RESEARCH, DEVELOPMENT, TEST 2 AND EVALUATION, NAVY 3 For an additional amount for ‘‘Research, Develop- 4 ment, Test and Evaluation, Navy’’, $35,747,000, to re5 main available until September 30, 2017: Provided, That 6 such amount is designated by the Congress for Overseas 7 Contingency Operations/Global War on Terrorism pursu8 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 9 and Emergency Deficit Control Act of 1985. 10 RESEARCH, DEVELOPMENT, TEST 11 AND EVALUATION, AIR FORCE 12 For an additional amount for ‘‘Research, Develop- 13 ment, Test and Evaluation, Air Force’’, $17,100,000, to 14 remain available until September 30, 2017: Provided, 15 That such amount is designated by the Congress for Over16 seas Contingency Operations/Global War on Terrorism 17 pursuant to section 251(b)(2)(A)(ii) of the Balanced 18 Budget and Emergency Deficit Control Act of 1985. 19 RESEARCH, DEVELOPMENT, TEST 20 DEFENSE-WIDE 21 AND EVALUATION, For an additional amount for ‘‘Research, Develop- 22 ment, Test and Evaluation, Defense-Wide’’, 23 $177,087,000, to remain available until September 30, 24 2017: Provided, That such amount is designated by the 25 Congress for Overseas Contingency Operations/Global December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 367 1 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 2 the Balanced Budget and Emergency Deficit Control Act 3 of 1985. 4 REVOLVING AND MANAGEMENT FUNDS 5 DEFENSE WORKING CAPITAL FUNDS 6 For an additional amount for ‘‘Defense Working 7 Capital Funds’’, $88,850,000: Provided, That such 8 amount is designated by the Congress for Overseas Con9 tingency Operations/Global War on Terrorism pursuant to 10 section 251(b)(2)(A)(ii) of the Balanced Budget and 11 Emergency Deficit Control Act of 1985. 12 OTHER DEPARTMENT OF DEFENSE PROGRAMS 13 DEFENSE HEALTH PROGRAM 14 For an additional amount for ‘‘Defense Health Pro- 15 gram’’, $272,704,000, which shall be for operation and 16 maintenance: Provided, That such amount is designated 17 by the Congress for Overseas Contingency Operations/ 18 Global War on Terrorism pursuant to section 19 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 20 Deficit Control Act of 1985. 21 DRUG INTERDICTION 22 23 AND COUNTER-DRUG ACTIVITIES, DEFENSE For an additional amount for ‘‘Drug Interdiction and 24 Counter-Drug Activities, Defense’’, $186,000,000: Pro25 vided, That such amount is designated by the Congress December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 368 1 for Overseas Contingency Operations/Global War on Ter2 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal3 anced Budget and Emergency Deficit Control Act of 1985. 4 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND 5 (INCLUDING TRANSFER OF FUNDS) 6 For the ‘‘Joint Improvised Explosive Device Defeat 7 Fund’’, $349,464,000, to remain available until Sep8 tember 30, 2018: Provided, That such funds shall be avail9 able to the Secretary of Defense, notwithstanding any 10 other provision of law, for the purpose of allowing the Di11 rector of the Joint Improvised Explosive Device Defeat 12 Organization to investigate, develop and provide equip13 ment, supplies, services, training, facilities, personnel and 14 funds to assist United States forces in the defeat of impro15 vised explosive devices: Provided further, That the Sec16 retary of Defense may transfer funds provided herein to 17 appropriations for military personnel; operation and main18 tenance; procurement; research, development, test and 19 evaluation; and defense working capital funds to accom20 plish the purpose provided herein: Provided further, That 21 this transfer authority is in addition to any other transfer 22 authority available to the Department of Defense: Pro23 vided further, That the Secretary of Defense shall, not 24 fewer than 15 days prior to making transfers from this 25 appropriation, notify the congressional defense committees December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 369 1 in writing of the details of any such transfer: Provided 2 further, That such amount is designated by the Congress 3 for Overseas Contingency Operations/Global War on Ter4 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal5 anced Budget and Emergency Deficit Control Act of 1985. 6 7 OFFICE OF THE INSPECTOR GENERAL For an additional amount for the ‘‘Office of the In- 8 spector General’’, $10,262,000: Provided, That such 9 amount is designated by the Congress for Overseas Con10 tingency Operations/Global War on Terrorism pursuant to 11 section 251(b)(2)(A)(ii) of the Balanced Budget and 12 Emergency Deficit Control Act of 1985. 13 14 GENERAL PROVISIONS—THIS TITLE SEC. 9001. Notwithstanding any other provision of 15 law, funds made available in this title are in addition to 16 amounts appropriated or otherwise made available for the 17 Department of Defense for fiscal year 2016. 18 19 (INCLUDING TRANSFER OF FUNDS) SEC. 9002. Upon the determination of the Secretary 20 of Defense that such action is necessary in the national 21 interest, the Secretary may, with the approval of the Of22 fice of Management and Budget, transfer up to 23 $4,500,000,000 between the appropriations or funds made 24 available to the Department of Defense in this title: Pro25 vided, That the Secretary shall notify the Congress December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 370 1 promptly of each transfer made pursuant to the authority 2 in this section: Provided further, That the authority pro3 vided in this section is in addition to any other transfer 4 authority available to the Department of Defense and is 5 subject to the same terms and conditions as the authority 6 provided in section 8005 of this Act. 7 SEC. 9003. Supervision and administration costs and 8 costs for design during construction associated with a con9 struction project funded with appropriations available for 10 operation and maintenance or the ‘‘Afghanistan Security 11 Forces Fund’’ provided in this Act and executed in direct 12 support of overseas contingency operations in Afghani13 stan, may be obligated at the time a construction contract 14 is awarded: Provided, That, for the purpose of this section, 15 supervision and administration costs and costs for design 16 during construction include all in-house Government costs. 17 SEC. 9004. From funds made available in this title, 18 the Secretary of Defense may purchase for use by military 19 and civilian employees of the Department of Defense in 20 the United States Central Command area of responsi21 bility: (1) passenger motor vehicles up to a limit of 22 $75,000 per vehicle; and (2) heavy and light armored vehi23 cles for the physical security of personnel or for force pro24 tection purposes up to a limit of $450,000 per vehicle, not- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 371 1 withstanding price or other limitations applicable to the 2 purchase of passenger carrying vehicles. 3 SEC. 9005. Not to exceed $5,000,000 of the amounts 4 appropriated by this title under the heading ‘‘Operation 5 and Maintenance, Army’’ may be used, notwithstanding 6 any other provision of law, to fund the Commanders’ 7 Emergency Response Program (CERP), for the purpose 8 of enabling military commanders in Afghanistan to re9 spond to urgent, small-scale, humanitarian relief and re10 construction requirements within their areas of responsi11 bility: Provided, That each project (including any ancillary 12 or related elements in connection with such project) exe13 cuted under this authority shall not exceed $2,000,000: 14 Provided further, That not later than 45 days after the 15 end of each 6 months of the fiscal year, the Secretary of 16 Defense shall submit to the congressional defense commit17 tees a report regarding the source of funds and the alloca18 tion and use of funds during that 6-month period that 19 were made available pursuant to the authority provided 20 in this section or under any other provision of law for the 21 purposes described herein: Provided further, That, not 22 later than 30 days after the end of each fiscal year quar23 ter, the Army shall submit to the congressional defense 24 committees quarterly commitment, obligation, and expend25 iture data for the CERP in Afghanistan: Provided further, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 372 1 That, not less than 15 days before making funds available 2 pursuant to the authority provided in this section or under 3 any other provision of law for the purposes described here4 in for a project with a total anticipated cost for completion 5 of $500,000 or more, the Secretary shall submit to the 6 congressional defense committees a written notice con7 taining each of the following: 8 (1) The location, nature and purpose of the 9 proposed project, including how the project is in- 10 tended to advance the military campaign plan for 11 the country in which it is to be carried out. 12 (2) The budget, implementation timeline with 13 milestones, and completion date for the proposed 14 project, including any other CERP funding that has 15 been or is anticipated to be contributed to the com- 16 pletion of the project. 17 (3) A plan for the sustainment of the proposed 18 project, including the agreement with either the host 19 nation, a non-Department of Defense agency of the 20 United States Government or a third-party contrib- 21 utor to finance the sustainment of the activities and 22 maintenance of any equipment or facilities to be pro- 23 vided through the proposed project. 24 SEC. 9006. Funds available to the Department of De- 25 fense for operation and maintenance may be used, not- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 373 1 withstanding any other provision of law, to provide sup2 plies, services, transportation, including airlift and sealift, 3 and other logistical support to coalition forces supporting 4 military and stability operations in Afghanistan and to 5 counter the Islamic State of Iraq and the Levant: Pro6 vided, That the Secretary of Defense shall provide quar7 terly reports to the congressional defense committees re8 garding support provided under this section. 9 SEC. 9007. None of the funds appropriated or other- 10 wise made available by this or any other Act shall be obli11 gated or expended by the United States Government for 12 a purpose as follows: 13 (1) To establish any military installation or 14 base for the purpose of providing for the permanent 15 stationing of United States Armed Forces in Iraq. 16 17 (2) To exercise United States control over any oil resource of Iraq. 18 (3) To establish any military installation or 19 base for the purpose of providing for the permanent 20 stationing of United States Armed Forces in Af- 21 ghanistan. 22 SEC. 9008. None of the funds made available in this 23 Act may be used in contravention of the following laws 24 enacted or regulations promulgated to implement the 25 United Nations Convention Against Torture and Other December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 374 1 Cruel, Inhuman or Degrading Treatment or Punishment 2 (done at New York on December 10, 1984): 3 4 (1) Section 2340A of title 18, United States Code. 5 (2) Section 2242 of the Foreign Affairs Reform 6 and Restructuring Act of 1998 (division G of Public 7 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 8 note) and regulations prescribed thereto, including 9 regulations under part 208 of title 8, Code of Fed- 10 eral Regulations, and part 95 of title 22, Code of 11 Federal Regulations. 12 (3) Sections 1002 and 1003 of the Department 13 of Defense, Emergency Supplemental Appropriations 14 to Address Hurricanes in the Gulf of Mexico, and 15 Pandemic Influenza Act, 2006 (Public Law 109– 16 148). 17 SEC. 9009. None of the funds provided for the ‘‘Af- 18 ghanistan Security Forces Fund’’ (ASFF) may be obli19 gated prior to the approval of a financial and activity plan 20 by the Afghanistan Resources Oversight Council (AROC) 21 of the Department of Defense: Provided, That the AROC 22 must approve the requirement and acquisition plan for any 23 service requirements in excess of $50,000,000 annually 24 and any non-standard equipment requirements in excess 25 of $100,000,000 using ASFF: Provided further, That the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 375 1 Department of Defense must certify to the congressional 2 defense committees that the AROC has convened and ap3 proved a process for ensuring compliance with the require4 ments in the preceding proviso and accompanying report 5 language for the ASFF. 6 SEC. 9010. Funds made available in this title to the 7 Department of Defense for operation and maintenance 8 may be used to purchase items having an investment unit 9 cost of not more than $250,000: Provided, That, upon de10 termination by the Secretary of Defense that such action 11 is necessary to meet the operational requirements of a 12 Commander of a Combatant Command engaged in contin13 gency operations overseas, such funds may be used to pur14 chase items having an investment item unit cost of not 15 more than $500,000. 16 SEC. 9011. From funds made available to the De- 17 partment of Defense in this title under the heading ‘‘Oper18 ation and Maintenance, Air Force’’, up to $80,000,000 19 may be used by the Secretary of Defense, notwithstanding 20 any other provision of law, to support United States Gov21 ernment transition activities in Iraq by funding the oper22 ations and activities of the Office of Security Cooperation 23 in Iraq and security assistance teams, including life sup24 port, transportation and personal security, and facilities 25 renovation and construction, and site closeout activities December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 376 1 prior to returning sites to the Government of Iraq: Pro2 vided, That to the extent authorized under the National 3 Defense Authorization Act for Fiscal Year 2016, the oper4 ations and activities that may be carried out by the Office 5 of Security Cooperation in Iraq may, with the concurrence 6 of the Secretary of State, include non-operational training 7 activities in support of Iraqi Minister of Defense and 8 Counter Terrorism Service personnel in an institutional 9 environment to address capability gaps, integrate proc10 esses relating to intelligence, air sovereignty, combined 11 arms, logistics and maintenance, and to manage and inte12 grate defense-related institutions: Provided further, That 13 not later than 30 days following the enactment of this Act, 14 the Secretary of Defense and the Secretary of State shall 15 submit to the congressional defense committees a plan for 16 transitioning any such training activities that they deter17 mine are needed after the end of fiscal year 2016, to exist18 ing or new contracts for the sale of defense articles or 19 defense services consistent with the provisions of the Arms 20 Export Control Act (22 U.S.C. 2751 et seq.): Provided 21 further, That, not less than 15 days before making funds 22 available pursuant to the authority provided in this sec23 tion, the Secretary of Defense shall submit to the congres24 sional defense committees a written notice containing a 25 detailed justification and timeline for the operations and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 377 1 activities of the Office of Security Cooperation in Iraq at 2 each site where such operations and activities will be con3 ducted during fiscal year 2016: Provided further, That 4 amounts made available by this section are designated by 5 the Congress for Overseas Contingency Operations/Global 6 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 7 the Balanced Budget and Emergency Deficit Control Act 8 of 1985. 9 SEC. 9012. Up to $600,000,000 of funds appro- 10 priated by this Act for the Counterterrorism Partnerships 11 Fund may be used to provide assistance to the Govern12 ment of Jordan to support the armed forces of Jordan 13 and to enhance security along its borders. 14 SEC. 9013. None of the funds made available by this 15 Act under the heading ‘‘Iraq Train and Equip Fund’’ may 16 be used to procure or transfer man-portable air defense 17 systems. 18 SEC. 9014. For the ‘‘Ukraine Security Assistance Ini- 19 tiative’’, $250,000,000 is hereby appropriated, to remain 20 available until September 30, 2016: Provided, That such 21 funds shall be available to the Secretary of Defense, in 22 coordination with the Secretary of State, to provide assist23 ance, including training; equipment; lethal weapons of a 24 defensive nature; logistics support, supplies and services; 25 sustainment; and intelligence support to the military and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 378 1 national security forces of Ukraine, and for replacement 2 of any weapons or defensive articles provided to the Gov3 ernment of Ukraine from the inventory of the United 4 States: Provided further, That the Secretary of Defense 5 shall, not less than 15 days prior to obligating funds pro6 vided under this heading, notify the congressional defense 7 committees in writing of the details of any such obligation: 8 Provided further, That the United States may accept 9 equipment procured using funds provided under this head10 ing in this or prior Acts that was transferred to the secu11 rity forces of Ukraine and returned by such forces to the 12 United States: Provided further, That equipment procured 13 using funds provided under this heading in this or prior 14 Acts, and not yet transferred to the military or National 15 Security Forces of Ukraine or returned by such forces to 16 the United States, may be treated as stocks of the Depart17 ment of Defense upon written notification to the congres18 sional defense committees: Provided further, That amounts 19 made available by this section are designated by the Con20 gress for Overseas Contingency Operations/Global War on 21 Terrorism pursuant to section 251(b)(2)(A)(ii) of the Bal22 anced Budget and Emergency Deficit Control Act of 1985. 23 SEC. 9015. Funds appropriated in this title shall be 24 available for replacement of funds for items provided to 25 the Government of Ukraine from the inventory of the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 379 1 United States to the extent specifically provided for in sec2 tion 9014 of this Act. 3 SEC. 9016. None of the funds made available by this 4 Act under section 9014 for ‘‘Assistance and Sustainment 5 to the Military and National Security Forces of Ukraine’’ 6 may be used to procure or transfer man-portable air de7 fense systems. 8 SEC. 9017. (a) None of the funds appropriated or 9 otherwise made available by this Act under the heading 10 ‘‘Operation and Maintenance, Defense-Wide’’ for pay11 ments under section 1233 of Public Law 110–181 for re12 imbursement to the Government of Pakistan may be made 13 available unless the Secretary of Defense, in coordination 14 with the Secretary of State, certifies to the congressional 15 defense committees that the Government of Pakistan is— 16 (1) cooperating with the United States in 17 counterterrorism efforts against the Haqqani Net- 18 work, the Quetta Shura Taliban, Lashkar e-Tayyiba, 19 Jaish-e-Mohammed, Al Qaeda, and other domestic 20 and foreign terrorist organizations, including taking 21 steps to end support for such groups and prevent 22 them from basing and operating in Pakistan and 23 carrying out cross border attacks into neighboring 24 countries; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 380 1 (2) not supporting terrorist activities against 2 United States or coalition forces in Afghanistan, and 3 Pakistan’s military and intelligence agencies are not 4 intervening extra-judicially into political and judicial 5 processes in Pakistan; 6 (3) dismantling improvised explosive device 7 (IED) networks and interdicting precursor chemicals 8 used in the manufacture of IEDs; 9 10 11 12 (4) preventing the proliferation of nuclear-related material and expertise; (5) implementing policies to protect judicial independence and due process of law; 13 (6) issuing visas in a timely manner for United 14 States visitors engaged in counterterrorism efforts 15 and assistance programs in Pakistan; and 16 (7) providing humanitarian organizations access 17 to detainees, internally displaced persons, and other 18 Pakistani civilians affected by the conflict. 19 (b) The Secretary of Defense, in coordination with 20 the Secretary of State, may waive the restriction in sub21 section (a) on a case-by-case basis by certifying in writing 22 to the congressional defense committees that it is in the 23 national security interest to do so: Provided, That if the 24 Secretary of Defense, in coordination with the Secretary 25 of State, exercises such waiver authority, the Secretaries December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 381 1 shall report to the congressional defense committees on 2 both the justification for the waiver and on the require3 ments of this section that the Government of Pakistan was 4 not able to meet: Provided further, That such report may 5 be submitted in classified form if necessary. 6 7 (INCLUDING TRANSFER OF FUNDS) SEC. 9018. In addition to amounts otherwise made 8 available in this Act, $500,000,000 is hereby appropriated 9 to the Department of Defense and made available for 10 transfer only to the operation and maintenance, military 11 personnel, and procurement accounts, to improve the intel12 ligence, surveillance, and reconnaissance capabilities of the 13 Department of Defense: Provided, That the transfer au14 thority provided in this section is in addition to any other 15 transfer authority provided elsewhere in this Act: Provided 16 further, That not later than 30 days prior to exercising 17 the transfer authority provided in this section, the Sec18 retary of Defense shall submit a report to the congres19 sional defense committees on the proposed uses of these 20 funds: Provided further, That the funds provided in this 21 section may not be transferred to any program, project, 22 or activity specifically limited or denied by this Act: Pro23 vided further, That amounts made available by this section 24 are designated by the Congress for Overseas Contingency 25 Operations/Global War on Terrorism pursuant to section December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 382 1 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 2 Deficit Control Act of 1985: Provided further, That the 3 authority to provide funding under this section shall termi4 nate on September 30, 2016. 5 SEC. 9019. None of the funds made available by this 6 Act may be used with respect to Syria in contravention 7 of the War Powers Resolution (50 U.S.C. 1541 et seq.), 8 including for the introduction of United States armed or 9 military forces into hostilities in Syria, into situations in 10 Syria where imminent involvement in hostilities is clearly 11 indicated by the circumstances, or into Syrian territory, 12 airspace, or waters while equipped for combat, in con13 travention of the congressional consultation and reporting 14 requirements of sections 3 and 4 of that law (50 U.S.C. 15 1542 and 1543). 16 SEC. 9020. None of the funds in this Act may be 17 made available for the transfer of additional C–130 cargo 18 aircraft to the Afghanistan National Security Forces or 19 the Afghanistan Air Force until the Department of De20 fense provides a report to the congressional defense com21 mittees of the Afghanistan Air Force’s medium airlift re22 quirements. The report should identify Afghanistan’s abil23 ity to utilize and maintain existing medium lift aircraft 24 in the inventory and the best alternative platform, if nec- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 383 1 essary, to provide additional support to the Afghanistan 2 Air Force’s current medium airlift capacity. 3 4 (RESCISSION) SEC. 9021. Of the funds appropriated in Department 5 of Defense Appropriations Acts, the following funds are 6 hereby rescinded from the following accounts and pro7 grams in the specified amounts: Provided, That such 8 amounts are designated by the Congress for Overseas 9 Contingency Operations/Global War on Terrorism pursu10 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 11 and Emergency Deficit Control Act of 1985, as amended: 12 ‘‘Afghanistan Security Forces Fund’’, 2015/ 13 2016, $400,000,000. 14 This division may be cited as the ‘‘Department of De- 15 fense Appropriations Act, 2016’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 384 1 DIVISION D—ENERGY AND WATER DEVEL2 OPMENT AND RELATED AGENCIES AP- 3 PROPRIATIONS ACT, 2016 4 TITLE I 5 CORPS OF ENGINEERS—CIVIL 6 DEPARTMENT OF THE ARMY 7 8 CORPS OF ENGINEERS—CIVIL The following appropriations shall be expended under 9 the direction of the Secretary of the Army and the super10 vision of the Chief of Engineers for authorized civil func11 tions of the Department of the Army pertaining to river 12 and harbor, flood and storm damage reduction, shore pro13 tection, aquatic ecosystem restoration, and related efforts. 14 15 INVESTIGATIONS For expenses necessary where authorized by law for 16 the collection and study of basic information pertaining 17 to river and harbor, flood and storm damage reduction, 18 shore protection, aquatic ecosystem restoration, and re19 lated needs; for surveys and detailed studies, and plans 20 and specifications of proposed river and harbor, flood and 21 storm damage reduction, shore protection, and aquatic 22 ecosystem restoration projects, and related efforts prior to 23 construction; for restudy of authorized projects; and for 24 miscellaneous investigations, and, when authorized by law, 25 surveys and detailed studies, and plans and specifications December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 385 1 of projects prior to construction, $121,000,000, to remain 2 available until expended: Provided, That the Secretary 3 may initiate up to, but not more than, 10 new study starts 4 during fiscal year 2016: Provided further, That the new 5 study starts will consist of seven studies where the major6 ity of the benefits are derived from navigation transpor7 tation savings or from flood and storm damage reduction 8 and three studies where the majority of benefits are de9 rived from environmental restoration: Provided further, 10 That the Secretary shall not deviate from the new starts 11 proposed in the work plan, once the plan has been sub12 mitted to the Committees on Appropriations of the House 13 of Representatives and the Senate. 14 15 CONSTRUCTION For expenses necessary for the construction of river 16 and harbor, flood and storm damage reduction, shore pro17 tection, aquatic ecosystem restoration, and related 18 projects authorized by law; for conducting detailed studies, 19 and plans and specifications, of such projects (including 20 those involving participation by States, local governments, 21 or private groups) authorized or made eligible for selection 22 by law (but such detailed studies, and plans and specifica23 tions, shall not constitute a commitment of the Govern24 ment to construction); $1,862,250,000, to remain avail25 able until expended; of which such sums as are necessary December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 386 1 to cover the Federal share of construction costs for facili2 ties under the Dredged Material Disposal Facilities pro3 gram shall be derived from the Harbor Maintenance Trust 4 Fund as authorized by Public Law 104–303; and of which 5 such sums as are necessary to cover one-half of the costs 6 of construction, replacement, rehabilitation, and expansion 7 of inland waterways projects shall be derived from the In8 land Waterways Trust Fund, except as otherwise specifi9 cally provided for in law: Provided, That the Secretary 10 may initiate up to, but not more than, six new construc11 tion starts during fiscal year 2016: Provided further, That 12 the new construction starts will consist of five projects 13 where the majority of the benefits are derived from naviga14 tion transportation savings or from flood and storm dam15 age reduction and one project where the majority of the 16 benefits are derived from environmental restoration: Pro17 vided further, That for new construction projects, project 18 cost sharing agreements shall be executed as soon as prac19 ticable but no later than August 31, 2016: Provided fur20 ther, That no allocation for a new start shall be considered 21 final and no work allowance shall be made until the Sec22 retary provides to the Committees on Appropriations of 23 the House of Representatives and the Senate an out-year 24 funding scenario demonstrating the affordability of the se25 lected new starts and the impacts on other projects: Pro- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 387 1 vided further, That the Secretary may not deviate from 2 the new starts proposed in the work plan, once the plan 3 has been submitted to the Committees on Appropriations 4 of the House of Representatives and the Senate. 5 6 MISSISSIPPI RIVER AND TRIBUTARIES For expenses necessary for flood damage reduction 7 projects and related efforts in the Mississippi River allu8 vial valley below Cape Girardeau, Missouri, as authorized 9 by law, $345,000,000, to remain available until expended, 10 of which such sums as are necessary to cover the Federal 11 share of eligible operation and maintenance costs for in12 land harbors shall be derived from the Harbor Mainte13 nance Trust Fund. 14 15 OPERATION AND MAINTENANCE For expenses necessary for the operation, mainte- 16 nance, and care of existing river and harbor, flood and 17 storm damage reduction, aquatic ecosystem restoration, 18 and related projects authorized by law; providing security 19 for infrastructure owned or operated by the Corps, includ20 ing administrative buildings and laboratories; maintaining 21 harbor channels provided by a State, municipality, or 22 other public agency that serve essential navigation needs 23 of general commerce, where authorized by law; surveying 24 and charting northern and northwestern lakes and con25 necting waters; clearing and straightening channels; and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 388 1 removing obstructions to navigation, $3,137,000,000, to 2 remain available until expended, of which such sums as 3 are necessary to cover the Federal share of eligible oper4 ation and maintenance costs for coastal harbors and chan5 nels, and for inland harbors shall be derived from the Har6 bor Maintenance Trust Fund; of which such sums as be7 come available from the special account for the Corps of 8 Engineers established by the Land and Water Conserva9 tion Fund Act of 1965 shall be derived from that account 10 for resource protection, research, interpretation, and 11 maintenance activities related to resource protection in the 12 areas at which outdoor recreation is available; and of 13 which such sums as become available from fees collected 14 under section 217 of Public Law 104–303 shall be used 15 to cover the cost of operation and maintenance of the 16 dredged material disposal facilities for which such fees 17 have been collected: Provided, That 1 percent of the total 18 amount of funds provided for each of the programs, 19 projects, or activities funded under this heading shall not 20 be allocated to a field operating activity prior to the begin21 ning of the fourth quarter of the fiscal year and shall be 22 available for use by the Chief of Engineers to fund such 23 emergency activities as the Chief of Engineers determines 24 to be necessary and appropriate, and that the Chief of En25 gineers shall allocate during the fourth quarter any re- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 389 1 maining funds which have not been used for emergency 2 activities proportionally in accordance with the amounts 3 provided for the programs, projects, or activities. 4 REGULATORY PROGRAM 5 For expenses necessary for administration of laws 6 pertaining to regulation of navigable waters and wetlands, 7 $200,000,000, to remain available until September 30, 8 2017. 9 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM 10 For expenses necessary to clean up contamination 11 from sites in the United States resulting from work per12 formed as part of the Nation’s early atomic energy pro13 gram, $112,000,000, to remain available until expended. 14 15 FLOOD CONTROL AND COASTAL EMERGENCIES For expenses necessary to prepare for flood, hurri- 16 cane, and other natural disasters and support emergency 17 operations, repairs, and other activities in response to 18 such disasters as authorized by law, $28,000,000, to re19 main available until expended. 20 21 EXPENSES For expenses necessary for the supervision and gen- 22 eral administration of the civil works program in the head23 quarters of the Corps of Engineers and the offices of the 24 Division Engineers; and for costs of management and op25 eration of the Humphreys Engineer Center Support Activ- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 390 1 ity, the Institute for Water Resources, the United States 2 Army Engineer Research and Development Center, and 3 the United States Army Corps of Engineers Finance Cen4 ter allocable to the civil works program, $179,000,000, to 5 remain available until September 30, 2017, of which not 6 to exceed $5,000 may be used for official reception and 7 representation purposes and only during the current fiscal 8 year: Provided, That no part of any other appropriation 9 provided in this title shall be available to fund the civil 10 works activities of the Office of the Chief of Engineers 11 or the civil works executive direction and management ac12 tivities of the division offices: Provided further, That any 13 Flood Control and Coastal Emergencies appropriation 14 may be used to fund the supervision and general adminis15 tration of emergency operations, repairs, and other activi16 ties in response to any flood, hurricane, or other natural 17 disaster. 18 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY 19 FOR CIVIL WORKS 20 For the Office of the Assistant Secretary of the Army 21 for Civil Works as authorized by 10 U.S.C. 3016(b)(3), 22 $4,750,000, to remain available until September 30, 2017: 23 Provided, That not more than 50 percent of such amount 24 may be obligated or expended until the Assistant Sec25 retary submits to the Committees on Appropriations of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 391 1 both Houses of Congress a work plan that allocates at 2 least 95 percent of the additional funding provided under 3 each heading in this title (as designated under such head4 ing in the explanatory statement described in section 4 5 (in the matter preceding division A of this consolidated 6 Act)) to specific programs, projects, or activities. 7 GENERAL PROVISIONS—CORPS OF 8 ENGINEERS—CIVIL 9 (INCLUDING TRANSFER OF FUNDS) 10 SEC. 101. (a) None of the funds provided in title I 11 of this Act, or provided by previous appropriations Acts 12 to the agencies or entities funded in title I of this Act 13 that remain available for obligation or expenditure in fiscal 14 year 2016, shall be available for obligation or expenditure 15 through a reprogramming of funds that: 16 17 (1) creates or initiates a new program, project, or activity; 18 (2) eliminates a program, project, or activity; 19 (3) increases funds or personnel for any pro- 20 gram, project, or activity for which funds have been 21 denied or restricted by this Act, unless prior ap- 22 proval is received from the House and Senate Com- 23 mittees on Appropriations; 24 (4) proposes to use funds directed for a specific 25 activity for a different purpose, unless prior approval December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 392 1 is received from the House and Senate Committees 2 on Appropriations; 3 (5) augments or reduces existing programs, 4 projects, or activities in excess of the amounts con- 5 tained in paragraphs (6) through (10), unless prior 6 approval is received from the House and Senate 7 Committees on Appropriations; 8 (6) INVESTIGATIONS.—For a base level over 9 $100,000, reprogramming of 25 percent of the base 10 amount up to a limit of $150,000 per project, study 11 or activity is allowed: Provided, That for a base level 12 less than $100,000, the reprogramming limit is 13 $25,000: Provided further, That up to $25,000 may 14 be reprogrammed into any continuing study or activ- 15 ity that did not receive an appropriation for existing 16 obligations and concomitant administrative expenses; 17 (7) CONSTRUCTION.—For a base level over 18 $2,000,000, reprogramming of 15 percent of the 19 base amount up to a limit of $3,000,000 per project, 20 study or activity is allowed: Provided, That for a 21 base level less than $2,000,000, the reprogramming 22 limit is $300,000: Provided further, That up to 23 $3,000,000 may be reprogrammed for settled con- 24 tractor claims, changed conditions, or real estate de- 25 ficiency judgments: Provided further, That up to December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 393 1 $300,000 may be reprogrammed into any continuing 2 study or activity that did not receive an appropria- 3 tion for existing obligations and concomitant admin- 4 istrative expenses; 5 (8) OPERATION AND MAINTENANCE.—Unlim- 6 ited reprogramming authority is granted for the 7 Corps to be able to respond to emergencies: Pro- 8 vided, That the Chief of Engineers shall notify the 9 House and Senate Committees on Appropriations of 10 these emergency actions as soon thereafter as prac- 11 ticable: Provided further, That for a base level over 12 $1,000,000, reprogramming of 15 percent of the 13 base amount up to a limit of $5,000,000 per project, 14 study, or activity is allowed: Provided further, That 15 for a base level less than $1,000,000, the re- 16 programming limit is $150,000: Provided further, 17 That $150,000 may be reprogrammed into any con- 18 tinuing study or activity that did not receive an ap- 19 propriation; 20 (9) MISSISSIPPI RIVER AND TRIBUTARIES.— 21 The reprogramming guidelines in paragraphs (6), 22 (7), and (8) shall apply to the Investigations, Con- 23 struction, and Operation and Maintenance portions 24 of the Mississippi River and Tributaries Account, re- 25 spectively; and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 394 1 (10) FORMERLY UTILIZED SITES REMEDIAL AC- 2 TION PROGRAM.—Reprogramming 3 cent of the base of the receiving project is permitted. 4 (b) DE MINIMUS REPROGRAMMINGS.—In no case of up to 15 per- 5 should a reprogramming for less than $50,000 be sub6 mitted to the House and Senate Committees on Appro7 priations. 8 (c) CONTINUING AUTHORITIES PROGRAM.—Sub- 9 section (a)(1) shall not apply to any project or activity 10 funded under the continuing authorities program. 11 (d) Not later than 60 days after the date of enact- 12 ment of this Act, the Secretary shall submit a report to 13 the House and Senate Committees on Appropriations to 14 establish the baseline for application of reprogramming 15 and transfer authorities for the current fiscal year which 16 shall include: 17 (1) A table for each appropriation with a sepa- 18 rate column to display the President’s budget re- 19 quest, adjustments made by Congress, adjustments 20 due to enacted rescissions, if applicable, and the fis- 21 cal year enacted level; 22 (2) A delineation in the table for each appro- 23 priation both by object class and program, project 24 and activity as detailed in the budget appendix for 25 the respective appropriations; and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 395 1 (3) An identification of items of special congres- 2 sional interest. 3 SEC. 102. The Secretary shall allocate funds made 4 available in this Act solely in accordance with the provi5 sions of this Act and the explanatory statement described 6 in section 4 (in the matter preceding division A of this 7 consolidated Act), including the determination and des8 ignation of new starts. 9 SEC. 103. None of the funds made available in this 10 title may be used to award or modify any contract that 11 commits funds beyond the amounts appropriated for that 12 program, project, or activity that remain unobligated, ex13 cept that such amounts may include any funds that have 14 been made available through reprogramming pursuant to 15 section 101. 16 SEC. 104. The Secretary of the Army may transfer 17 to the Fish and Wildlife Service, and the Fish and Wildlife 18 Service may accept and expend, up to $5,400,000 of funds 19 provided in this title under the heading ‘‘Operation and 20 Maintenance’’ to mitigate for fisheries lost due to Corps 21 of Engineers projects. 22 SEC. 105. None of the funds made available in this 23 or any other Act making appropriations for Energy and 24 Water Development for any fiscal year may be used by 25 the Corps of Engineers during the fiscal year ending Sep- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 396 1 tember 30, 2016, to develop, adopt, implement, admin2 ister, or enforce any change to the regulations in effect 3 on October 1, 2012, pertaining to the definitions of the 4 terms ‘‘fill material’’ or ‘‘discharge of fill material’’ for the 5 purposes of the Federal Water Pollution Control Act (33 6 U.S.C. 1251 et seq.). 7 SEC. 106. None of the funds in this Act shall be used 8 for an open lake placement alternative of dredged mate9 rial, after evaluating the least costly, environmentally ac10 ceptable manner for the disposal or management of 11 dredged material originating from Lake Erie or tributaries 12 thereto, unless it is approved under a State water quality 13 certification pursuant to 33 U.S.C. 1341. 14 SEC. 107. (a) Not later than 180 days after the date 15 of enactment of this Act, the Secretary shall execute a 16 transfer agreement with the South Florida Water Manage17 ment District for the project identified as the ‘‘Ten Mile 18 Creek Water Preserve Area Critical Restoration Project’’, 19 carried out under section 528(b)(3) of the Water Re20 sources Development Act of 1996 (110 Stat. 3768). 21 (b) The transfer agreement under subsection (a) shall 22 require the South Florida Water Management District to 23 operate the transferred project as an environmental res24 toration project to provide water storage and water treat25 ment options. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 397 1 (c) Upon execution of the transfer agreement under 2 subsection (a), the Ten Mile Creek Water Preserve Area 3 Critical Restoration Project shall no longer be authorized 4 as a Federal project. 5 SEC. 108. None of the funds made available in this 6 title may be used for any acquisition that is not consistent 7 with 48 CFR 225.7007. 8 SEC. 109. None of the funds made available by this 9 Act may be used to continue the study conducted by the 10 Army Corps of Engineers pursuant to section 5018(a)(1) 11 of the Water Resources Development Act of 2007 (Public 12 Law 110–114). 13 SEC. 110. None of the funds made available by this 14 Act may be used to require a permit for the discharge 15 of dredged or fill material under the Federal Water Pollu16 tion Control Act (33 U.S.C. 1251, et seq.) for the activi17 ties identified in subparagraphs (A) and (C) of section 18 404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A), (C)). December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 398 1 TITLE II 2 DEPARTMENT OF THE INTERIOR 3 CENTRAL UTAH PROJECT 4 CENTRAL UTAH PROJECT COMPLETION ACCOUNT 5 For carrying out activities authorized by the Central 6 Utah Project Completion Act, $10,000,000, to remain 7 available until expended, of which $1,000,000 shall be de8 posited into the Utah Reclamation Mitigation and Con9 servation Account for use by the Utah Reclamation Miti10 gation and Conservation Commission: Provided, That of 11 the amount provided under this heading, $1,350,000 shall 12 be available until September 30, 2017, for expenses nec13 essary in carrying out related responsibilities of the Sec14 retary of the Interior: Provided further, That for fiscal 15 year 2016, of the amount made available to the Commis16 sion under this Act or any other Act, the Commission may 17 use an amount not to exceed $1,500,000 for administra18 tive expenses. 19 20 BUREAU OF RECLAMATION The following appropriations shall be expended to 21 execute authorized functions of the Bureau of Reclama22 tion: December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 399 1 WATER AND RELATED RESOURCES 2 (INCLUDING TRANSFERS OF FUNDS) 3 For management, development, and restoration of 4 water and related natural resources and for related activi5 ties, including the operation, maintenance, and rehabilita6 tion of reclamation and other facilities, participation in 7 fulfilling related Federal responsibilities to Native Ameri8 cans, and related grants to, and cooperative and other 9 agreements with, State and local governments, federally 10 recognized Indian tribes, and others, $1,118,972,000, to 11 remain available until expended, of which $22,000 shall 12 be available for transfer to the Upper Colorado River 13 Basin Fund and $5,899,000 shall be available for transfer 14 to the Lower Colorado River Basin Development Fund; 15 of which such amounts as may be necessary may be ad16 vanced to the Colorado River Dam Fund: Provided, That 17 such transfers may be increased or decreased within the 18 overall appropriation under this heading: Provided further, 19 That of the total appropriated, the amount for program 20 activities that can be financed by the Reclamation Fund 21 or the Bureau of Reclamation special fee account estab22 lished by 16 U.S.C. 6806 shall be derived from that Fund 23 or account: Provided further, That funds contributed 24 under 43 U.S.C. 395 are available until expended for the 25 purposes for which the funds were contributed: Provided December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 400 1 further, That funds advanced under 43 U.S.C. 397a shall 2 be credited to this account and are available until ex3 pended for the same purposes as the sums appropriated 4 under this heading: Provided further, That of the amounts 5 provided herein, funds may be used for high-priority 6 projects which shall be carried out by the Youth Conserva7 tion Corps, as authorized by 16 U.S.C. 1706. 8 CENTRAL VALLEY PROJECT RESTORATION FUND 9 For carrying out the programs, projects, plans, habi- 10 tat restoration, improvement, and acquisition provisions of 11 the Central Valley Project Improvement Act, $49,528,000, 12 to be derived from such sums as may be collected in the 13 Central Valley Project Restoration Fund pursuant to sec14 tions 3407(d), 3404(c)(3), and 3405(f) of Public Law 15 102–575, to remain available until expended: Provided, 16 That the Bureau of Reclamation is directed to assess and 17 collect the full amount of the additional mitigation and 18 restoration payments authorized by section 3407(d) of 19 Public Law 102–575: Provided further, That none of the 20 funds made available under this heading may be used for 21 the acquisition or leasing of water for in-stream purposes 22 if the water is already committed to in-stream purposes 23 by a court adopted decree or order. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 401 1 CALIFORNIA BAY-DELTA RESTORATION 2 (INCLUDING TRANSFERS OF FUNDS) 3 For carrying out activities authorized by the Water 4 Supply, Reliability, and Environmental Improvement Act, 5 consistent with plans to be approved by the Secretary of 6 the Interior, $37,000,000, to remain available until ex7 pended, of which such amounts as may be necessary to 8 carry out such activities may be transferred to appropriate 9 accounts of other participating Federal agencies to carry 10 out authorized purposes: Provided, That funds appro11 priated herein may be used for the Federal share of the 12 costs of CALFED Program management: Provided fur13 ther, That CALFED implementation shall be carried out 14 in a balanced manner with clear performance measures 15 demonstrating concurrent progress in achieving the goals 16 and objectives of the Program. 17 18 POLICY AND ADMINISTRATION For expenses necessary for policy, administration, 19 and related functions in the Office of the Commissioner, 20 the Denver office, and offices in the five regions of the 21 Bureau of Reclamation, to remain available until Sep22 tember 30, 2017, $59,500,000, to be derived from the 23 Reclamation Fund and be nonreimbursable as provided in 24 43 U.S.C. 377: Provided, That no part of any other appro- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 402 1 priation in this Act shall be available for activities or func2 tions budgeted as policy and administration expenses. 3 4 ADMINISTRATIVE PROVISION Appropriations for the Bureau of Reclamation shall 5 be available for purchase of not to exceed five passenger 6 motor vehicles, which are for replacement only. 7 GENERAL PROVISIONS—DEPARTMENT OF THE 8 9 INTERIOR SEC. 201. (a) None of the funds provided in title II 10 of this Act for Water and Related Resources, or provided 11 by previous appropriations Acts to the agencies or entities 12 funded in title II of this Act for Water and Related Re13 sources that remain available for obligation or expenditure 14 in fiscal year 2016, shall be available for obligation or ex15 penditure through a reprogramming of funds that— 16 17 (1) initiates or creates a new program, project, or activity; 18 (2) eliminates a program, project, or activity; 19 (3) increases funds for any program, project, or 20 activity for which funds have been denied or re- 21 stricted by this Act, unless prior approval is received 22 from the Committees on Appropriations of the 23 House of Representatives and the Senate; 24 (4) restarts or resumes any program, project or 25 activity for which funds are not provided in this Act, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 403 1 unless prior approval is received from the Commit- 2 tees on Appropriations of the House of Representa- 3 tives and the Senate; 4 (5) transfers funds in excess of the following 5 limits, unless prior approval is received from the 6 Committees on Appropriations of the House of Rep- 7 resentatives and the Senate: 8 (A) 15 percent for any program, project or 9 activity for which $2,000,000 or more is avail- 10 able at the beginning of the fiscal year; or 11 (B) $300,000 for any program, project or 12 activity for which less than $2,000,000 is avail- 13 able at the beginning of the fiscal year; 14 (6) transfers more than $500,000 from either 15 the Facilities Operation, Maintenance, and Rehabili- 16 tation category or the Resources Management and 17 Development category to any program, project, or 18 activity in the other category, unless prior approval 19 is received from the Committees on Appropriations 20 of the House of Representatives and the Senate; or 21 (7) transfers, where necessary to discharge legal 22 obligations of the Bureau of Reclamation, more than 23 $5,000,000 to provide adequate funds for settled 24 contractor claims, increased contractor earnings due 25 to accelerated rates of operations, and real estate de- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 404 1 ficiency judgments, unless prior approval is received 2 from the Committees on Appropriations of the 3 House of Representatives and the Senate. 4 (b) Subsection (a)(5) shall not apply to any transfer 5 of funds within the Facilities Operation, Maintenance, and 6 Rehabilitation category. 7 (c) For purposes of this section, the term transfer 8 means any movement of funds into or out of a program, 9 project, or activity. 10 (d) The Bureau of Reclamation shall submit reports 11 on a quarterly basis to the Committees on Appropriations 12 of the House of Representatives and the Senate detailing 13 all the funds reprogrammed between programs, projects, 14 activities, or categories of funding. The first quarterly re15 port shall be submitted not later than 60 days after the 16 date of enactment of this Act. 17 SEC. 202. (a) None of the funds appropriated or oth- 18 erwise made available by this Act may be used to deter19 mine the final point of discharge for the interceptor drain 20 for the San Luis Unit until development by the Secretary 21 of the Interior and the State of California of a plan, which 22 shall conform to the water quality standards of the State 23 of California as approved by the Administrator of the En24 vironmental Protection Agency, to minimize any detri25 mental effect of the San Luis drainage waters. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 405 1 (b) The costs of the Kesterson Reservoir Cleanup 2 Program and the costs of the San Joaquin Valley Drain3 age Program shall be classified by the Secretary of the 4 Interior as reimbursable or nonreimbursable and collected 5 until fully repaid pursuant to the ‘‘Cleanup Program— 6 Alternative Repayment Plan’’ and the ‘‘SJVDP—Alter7 native Repayment Plan’’ described in the report entitled 8 ‘‘Repayment Report, Kesterson Reservoir Cleanup Pro9 gram and San Joaquin Valley Drainage Program, Feb10 ruary 1995’’, prepared by the Department of the Interior, 11 Bureau of Reclamation. Any future obligations of funds 12 by the United States relating to, or providing for, drainage 13 service or drainage studies for the San Luis Unit shall 14 be fully reimbursable by San Luis Unit beneficiaries of 15 such service or studies pursuant to Federal reclamation 16 law. 17 SEC. 203. The Reclamation Safety of Dams Act of 18 1978 is amended by— 19 (1) striking ‘‘Construction’’ and inserting ‘‘Ex- 20 cept as provided in section 5B, construction’’ in sec- 21 tion 3; and 22 (2) inserting after section 5A (43 U.S.C. 509a) 23 the following: 24 ‘‘SEC. 5B. Notwithstanding section 3, if the Sec- 25 retary, in her judgment, determines that additional project December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 406 1 benefits, including but not limited to additional conserva2 tion storage capacity, are necessary and in the interests 3 of the United States and the project and are feasible and 4 not inconsistent with the purposes of this Act, the Sec5 retary is authorized to develop additional project benefits 6 through the construction of new or supplementary works 7 on a project in conjunction with the Secretary’s activities 8 under section 2 of this Act and subject to the conditions 9 described in the feasibility study, provided a cost share 10 agreement related to the additional project benefits is 11 reached among non-Federal and Federal funding partici12 pants and the costs associated with developing the addi13 tional project benefits are allocated exclusively among 14 beneficiaries of the additional project benefits and repaid 15 consistent with all provisions of Federal Reclamation law 16 (the Act of June 17, 1902, 43 U.S.C. 371 et seq.) and 17 acts supplemental to and amendatory of that Act.’’. 18 SEC. 204. Section 5 of the Reclamation Safety of 19 Dams Act of 1978 (43 U.S.C. 509) is amended in the 20 first sentence— 21 (a) by inserting ‘‘and effective October 1, 2015, not 22 to exceed an additional $1,100,000,000 (October 1, 2003, 23 price levels),’’ after ‘‘(October 1, 2003, price levels),’’; 24 December 16, 2015 (1:04 a.m.) (b) in the proviso— U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 407 1 2 (1) by striking ‘‘$1,250,000’’ and inserting ‘‘$20,000,000’’; and 3 (2) by striking ‘‘Congress’’ and inserting ‘‘Com- 4 mittee on Natural Resources of the House of Rep- 5 resentatives and the Committee on Energy and Nat- 6 ural Resources of the Senate’’; and 7 (3) by adding at the end the following: ‘‘For 8 modification expenditures between $1,800,000 and 9 $20,000,000 (October 1, 2015, price levels), the Sec- 10 retary of the Interior shall, at least 30 days before 11 the date on which the funds are expended, submit 12 written notice of the expenditures to the Committee 13 on Natural Resources of the House of Representa- 14 tives and Committee on Energy and Natural Re- 15 sources of the Senate that provides a summary of 16 the project, the cost of the project, and any alter- 17 natives that were considered.’’. 18 SEC. 205. The Secretary of the Interior, acting 19 through the Commissioner of Reclamation, shall— 20 (1) complete the feasibility studies described in 21 clauses (i)(I) and (ii)(II) of section 103(d)(1)(A) of 22 Public Law 108–361 (118 Stat. 1684) and submit 23 such studies to the appropriate committees of the 24 House of Representatives and the Senate not later 25 than December 31, 2015; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 408 1 (2) complete the feasibility studies described in 2 clauses (i)(II) and (ii)(I) of section 103(d)(1)(A) of 3 Public Law 108–361 and submit such studies to the 4 appropriate committees of the House of Representa- 5 tives and the Senate not later than November 30, 6 2016; 7 (3) complete the feasibility study described in 8 section 103(f)(1)(A) of Public Law 108–361 (118 9 Stat. 1694) and submit such study to the appro- 10 priate committees of the House of Representatives 11 and the Senate not later than December 31, 2017; 12 and 13 (4) provide a progress report on the status of 14 the feasibility studies referred to in paragraphs (1) 15 through (3) to the appropriate committees of the 16 House of Representatives and the Senate not later 17 than 90 days after the date of the enactment of this 18 Act and each 180 days thereafter until December 19 31, 2017, as applicable. The report shall include 20 timelines for study completion, draft environmental 21 impact statements, final environmental impact state- 22 ments, and Records of Decision. 23 SEC. 206. Section 9504(e) of the Secure Water Act 24 of 2009 (42 U.S.C. 10364(e)) is amended by striking 25 ‘‘$300,000,000’’ and inserting ‘‘$350,000,000’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 409 1 SEC. 207. Title I of Public Law 108–361 (the Calfed 2 Bay-Delta Authorization Act) (118 Stat. 1681), as 3 amended by section 210 of Public Law 111–85, is amend4 ed by striking ‘‘2016’’ each place it appears and inserting 5 ‘‘2017’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 410 1 TITLE III 2 DEPARTMENT OF ENERGY 3 ENERGY PROGRAMS 4 ENERGY EFFICIENCY 5 AND RENEWABLE ENERGY (INCLUDING TRANSFER OF FUNDS) 6 For Department of Energy expenses including the 7 purchase, construction, and acquisition of plant and cap8 ital equipment, and other expenses necessary for energy 9 efficiency and renewable energy activities in carrying out 10 the purposes of the Department of Energy Organization 11 Act (42 U.S.C. 7101 et seq.), including the acquisition or 12 condemnation of any real property or any facility or for 13 plant or facility acquisition, construction, or expansion, 14 $2,073,000,000, to remain available until expended: Pro15 vided, That of such amount, $155,000,000 shall be avail16 able until September 30, 2017, for program direction: Pro17 vided further, That of the amount provided under this 18 heading, the Secretary may transfer up to $45,000,000 19 to the Defense Production Act Fund for activities of the 20 Department of Energy pursuant to the Defense Produc21 tion Act of 1950 (50 U.S.C. App. 2061, et seq.). 22 ELECTRICITY DELIVERY 23 AND ENERGY RELIABILITY For Department of Energy expenses including the 24 purchase, construction, and acquisition of plant and cap25 ital equipment, and other expenses necessary for elec- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 411 1 tricity delivery and energy reliability activities in carrying 2 out the purposes of the Department of Energy Organiza3 tion Act (42 U.S.C. 7101 et seq.), including the acquisi4 tion or condemnation of any real property or any facility 5 or for plant or facility acquisition, construction, or expan6 sion, $206,000,000, to remain available until expended: 7 Provided, That of such amount, $28,000,000 shall be 8 available until September 30, 2017, for program direction. 9 10 NUCLEAR ENERGY For Department of Energy expenses including the 11 purchase, construction, and acquisition of plant and cap12 ital equipment, and other expenses necessary for nuclear 13 energy activities in carrying out the purposes of the De14 partment of Energy Organization Act (42 U.S.C. 7101 et 15 seq.), including the acquisition or condemnation of any 16 real property or any facility or for plant or facility acquisi17 tion, construction, or expansion, $986,161,000, to remain 18 available until expended: Provided, That of such amount, 19 $80,000,000 shall be available until September 30, 2017, 20 for program direction including official reception and rep21 resentation expenses not to exceed $10,000. 22 FOSSIL ENERGY RESEARCH 23 For Department of Energy expenses necessary in car- AND DEVELOPMENT 24 rying out fossil energy research and development activi25 ties, under the authority of the Department of Energy Or- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 412 1 ganization Act (42 U.S.C. 7101 et seq.), including the ac2 quisition of interest, including defeasible and equitable in3 terests in any real property or any facility or for plant 4 or facility acquisition or expansion, and for conducting in5 quiries, technological investigations and research con6 cerning the extraction, processing, use, and disposal of 7 mineral substances without objectionable social and envi8 ronmental costs (30 U.S.C. 3, 1602, and 1603), 9 $632,000,000, to remain available until expended: Pro10 vided, That of such amount $114,202,000 shall be avail11 able until September 30, 2017, for program direction. 12 NAVAL PETROLEUM 13 For Department of Energy expenses necessary to AND OIL SHALE RESERVES 14 carry out naval petroleum and oil shale reserve activities, 15 $17,500,000, to remain available until expended: Pro16 vided, That notwithstanding any other provision of law, 17 unobligated funds remaining from prior years shall be 18 available for all naval petroleum and oil shale reserve ac19 tivities. 20 21 STRATEGIC PETROLEUM RESERVE For Department of Energy expenses necessary for 22 Strategic Petroleum Reserve facility development and op23 erations and program management activities pursuant to 24 the Energy Policy and Conservation Act (42 U.S.C. 6201 25 et seq.), $212,000,000, to remain available until expended. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 413 1 2 NORTHEAST HOME HEATING OIL RESERVE For Department of Energy expenses necessary for 3 Northeast Home Heating Oil Reserve storage, operation, 4 and management activities pursuant to the Energy Policy 5 and Conservation Act (42 U.S.C. 6201 et seq.), 6 $7,600,000, to remain available until expended. 7 8 ENERGY INFORMATION ADMINISTRATION For Department of Energy expenses necessary in car- 9 rying out the activities of the Energy Information Admin10 istration, $122,000,000, to remain available until ex11 pended. 12 13 NON-DEFENSE ENVIRONMENTAL CLEANUP For Department of Energy expenses, including the 14 purchase, construction, and acquisition of plant and cap15 ital equipment and other expenses necessary for non-de16 fense environmental cleanup activities in carrying out the 17 purposes of the Department of Energy Organization Act 18 (42 U.S.C. 7101 et seq.), including the acquisition or con19 demnation of any real property or any facility or for plant 20 or facility acquisition, construction, or expansion, 21 $255,000,000, to remain available until expended. 22 23 24 URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING FUND For Department of Energy expenses necessary in car- 25 rying out uranium enrichment facility decontamination December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 414 1 and decommissioning, remedial actions, and other activi2 ties of title II of the Atomic Energy Act of 1954, and 3 title X, subtitle A, of the Energy Policy Act of 1992, 4 $673,749,000, to be derived from the Uranium Enrich5 ment Decontamination and Decommissioning Fund, to re6 main available until expended, of which $32,959,000 shall 7 be available in accordance with title X, subtitle A, of the 8 Energy Policy Act of 1992. 9 10 SCIENCE For Department of Energy expenses including the 11 purchase, construction, and acquisition of plant and cap12 ital equipment, and other expenses necessary for science 13 activities in carrying out the purposes of the Department 14 of Energy Organization Act (42 U.S.C. 7101 et seq.), in15 cluding the acquisition or condemnation of any real prop16 erty or facility or for plant or facility acquisition, construc17 tion, or expansion, and purchase of not more than 17 pas18 senger motor vehicles for replacement only, including one 19 ambulance and one bus, $5,350,200,000, to remain avail20 able until expended: Provided, That of such amount, 21 $185,000,000 shall be available until September 30, 2017, 22 for program direction: Provided further, That of such 23 amount, not more than $115,000,000 shall be made avail24 able for the in-kind contributions and related support ac25 tivities of ITER: Provided further, That not later than December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 415 1 May 2, 2016, the Secretary of Energy shall submit to the 2 Committees on Appropriations of both Houses of Congress 3 a report recommending either that the United States re4 main a partner in the ITER project after October 2017 5 or terminate participation, which shall include, as applica6 ble, an estimate of either the full cost, by fiscal year, of 7 all future Federal funding requirements for construction, 8 operation, and maintenance of ITER or the cost of termi9 nation. 10 ADVANCED RESEARCH PROJECTS AGENCY—ENERGY 11 For Department of Energy expenses necessary in car- 12 rying out the activities authorized by section 5012 of the 13 America COMPETES Act (Public Law 110–69), 14 $291,000,000, to remain available until expended: Pro15 vided, That of such amount, $29,250,000 shall be avail16 able until September 30, 2017, for program direction. 17 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE 18 19 PROGRAM Such sums as are derived from amounts received 20 from borrowers pursuant to section 1702(b) of the Energy 21 Policy Act of 2005 under this heading in prior Acts, shall 22 be collected in accordance with section 502(7) of the Con23 gressional Budget Act of 1974: Provided, That for nec24 essary administrative expenses to carry out this Loan 25 Guarantee program, $42,000,000 is appropriated, to re- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 416 1 main available until September 30, 2017: Provided further, 2 That $25,000,000 of the fees collected pursuant to section 3 1702(h) of the Energy Policy Act of 2005 shall be credited 4 as offsetting collections to this account to cover adminis5 trative expenses and shall remain available until expended, 6 so as to result in a final fiscal year 2016 appropriation 7 from the general fund estimated at not more than 8 $17,000,000: Provided further, That fees collected under 9 section 1702(h) in excess of the amount appropriated for 10 administrative expenses shall not be available until appro11 priated: Provided further, That the Department of Energy 12 shall not subordinate any loan obligation to other financ13 ing in violation of section 1702 of the Energy Policy Act 14 of 2005 or subordinate any Guaranteed Obligation to any 15 loan or other debt obligations in violation of section 16 609.10 of title 10, Code of Federal Regulations. 17 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING 18 LOAN PROGRAM 19 For Department of Energy administrative expenses 20 necessary in carrying out the Advanced Technology Vehi21 cles Manufacturing Loan Program, $6,000,000, to remain 22 available until September 30, 2017. 23 24 DEPARTMENTAL ADMINISTRATION For salaries and expenses of the Department of En- 25 ergy necessary for departmental administration in car- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 417 1 rying out the purposes of the Department of Energy Orga2 nization Act (42 U.S.C. 7101 et seq.), $248,142,000, to 3 remain available until September 30, 2017, including the 4 hire of passenger motor vehicles and official reception and 5 representation expenses not to exceed $30,000, plus such 6 additional amounts as necessary to cover increases in the 7 estimated amount of cost of work for others notwith8 standing the provisions of the Anti-Deficiency Act (31 9 U.S.C. 1511 et seq.): Provided, That such increases in 10 cost of work are offset by revenue increases of the same 11 or greater amount: Provided further, That moneys received 12 by the Department for miscellaneous revenues estimated 13 to total $117,171,000 in fiscal year 2016 may be retained 14 and used for operating expenses within this account, as 15 authorized by section 201 of Public Law 95–238, notwith16 standing the provisions of 31 U.S.C. 3302: Provided fur17 ther, That the sum herein appropriated shall be reduced 18 as collections are received during the fiscal year so as to 19 result in a final fiscal year 2016 appropriation from the 20 general fund estimated at not more than $130,971,000: 21 Provided further, That of the total amount made available 22 under this heading, $31,297,000 is for Energy Policy and 23 Systems Analysis. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 418 1 2 OFFICE OF THE INSPECTOR GENERAL For expenses necessary for the Office of the Inspector 3 General in carrying out the provisions of the Inspector 4 General Act of 1978, $46,424,000, to remain available 5 until September 30, 2017. 6 ATOMIC ENERGY DEFENSE ACTIVITIES 7 NATIONAL NUCLEAR SECURITY 8 ADMINISTRATION 9 WEAPONS ACTIVITIES 10 For Department of Energy expenses, including the 11 purchase, construction, and acquisition of plant and cap12 ital equipment and other incidental expenses necessary for 13 atomic energy defense weapons activities in carrying out 14 the purposes of the Department of Energy Organization 15 Act (42 U.S.C. 7101 et seq.), including the acquisition or 16 condemnation of any real property or any facility or for 17 plant or facility acquisition, construction, or expansion, 18 $8,846,948,000, to remain available until expended: Pro19 vided, That of such amount, $97,118,000 shall be avail20 able until September 30, 2017, for program direction: Pro21 vided further, That funding made available under this 22 heading may be made available for project engineering and 23 design for the Albuquerque Complex Project. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 419 1 2 DEFENSE NUCLEAR NONPROLIFERATION For Department of Energy expenses, including the 3 purchase, construction, and acquisition of plant and cap4 ital equipment and other incidental expenses necessary for 5 defense nuclear nonproliferation activities, in carrying out 6 the purposes of the Department of Energy Organization 7 Act (42 U.S.C. 7101 et seq.), including the acquisition or 8 condemnation of any real property or any facility or for 9 plant or facility acquisition, construction, or expansion, 10 $1,940,302,000, to remain available until expended. 11 12 NAVAL REACTORS For Department of Energy expenses necessary for 13 naval reactors activities to carry out the Department of 14 Energy Organization Act (42 U.S.C. 7101 et seq.), includ15 ing the acquisition (by purchase, condemnation, construc16 tion, or otherwise) of real property, plant, and capital 17 equipment, facilities, and facility expansion, 18 $1,375,496,000, to remain available until expended: Pro19 vided, That of such amount, $42,504,000 shall be avail20 able until September 30, 2017, for program direction. 21 FEDERAL SALARIES 22 (INCLUDING RESCISSION OF FUNDS) 23 AND EXPENSES For expenses necessary for Federal Salaries and Ex- 24 penses in the National Nuclear Security Administration, 25 $383,666,000, to remain available until September 30, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 420 1 2017, including official reception and representation ex2 penses not to exceed $12,000: Provided, That of the unob3 ligated balances from prior year appropriations available 4 under this heading, $19,900,000 is hereby rescinded: Pro5 vided further, That no amounts may be rescinded from 6 amounts that were designated by the Congress as an 7 emergency requirement pursuant to a concurrent resolu8 tion on the budget or the Balanced Budget and Emer9 gency Deficit Control Act of 1985. 10 ENVIRONMENTAL AND OTHER DEFENSE 11 ACTIVITIES 12 DEFENSE ENVIRONMENTAL CLEANUP 13 For Department of Energy expenses, including the 14 purchase, construction, and acquisition of plant and cap15 ital equipment and other expenses necessary for atomic 16 energy defense environmental cleanup activities in car17 rying out the purposes of the Department of Energy Orga18 nization Act (42 U.S.C. 7101 et seq.), including the acqui19 sition or condemnation of any real property or any facility 20 or for plant or facility acquisition, construction, or expan21 sion, and the purchase of not to exceed one fire apparatus 22 pumper truck and one armored vehicle for replacement 23 only, $5,289,742,000, to remain available until expended: 24 Provided, That of such amount $281,951,000 shall be 25 available until September 30, 2017, for program direction. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 421 1 2 OTHER DEFENSE ACTIVITIES For Department of Energy expenses, including the 3 purchase, construction, and acquisition of plant and cap4 ital equipment and other expenses, necessary for atomic 5 energy defense, other defense activities, and classified ac6 tivities, in carrying out the purposes of the Department 7 of Energy Organization Act (42 U.S.C. 7101 et seq.), in8 cluding the acquisition or condemnation of any real prop9 erty or any facility or for plant or facility acquisition, con10 struction, or expansion, $776,425,000, to remain available 11 until expended: Provided, That of such amount, 12 $249,137,000 shall be available until September 30, 2017, 13 for program direction. 14 POWER MARKETING ADMINISTRATIONS 15 BONNEVILLE POWER ADMINISTRATION FUND 16 Expenditures from the Bonneville Power Administra- 17 tion Fund, established pursuant to Public Law 93–454, 18 are approved for the Shoshone Paiute Trout Hatchery, the 19 Spokane Tribal Hatchery, the Snake River Sockeye Weirs 20 and, in addition, for official reception and representation 21 expenses in an amount not to exceed $5,000: Provided, 22 That during fiscal year 2016, no new direct loan obliga23 tions may be made. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 422 1 OPERATION 2 3 AND MAINTENANCE, SOUTHEASTERN POWER ADMINISTRATION For expenses necessary for operation and mainte- 4 nance of power transmission facilities and for marketing 5 electric power and energy, including transmission wheeling 6 and ancillary services, pursuant to section 5 of the Flood 7 Control Act of 1944 (16 U.S.C. 825s), as applied to the 8 southeastern power area, $6,900,000, including official re9 ception and representation expenses in an amount not to 10 exceed $1,500, to remain available until expended: Pro11 vided, That notwithstanding 31 U.S.C. 3302 and section 12 5 of the Flood Control Act of 1944, up to $6,900,000 col13 lected by the Southeastern Power Administration from the 14 sale of power and related services shall be credited to this 15 account as discretionary offsetting collections, to remain 16 available until expended for the sole purpose of funding 17 the annual expenses of the Southeastern Power Adminis18 tration: Provided further, That the sum herein appro19 priated for annual expenses shall be reduced as collections 20 are received during the fiscal year so as to result in a final 21 fiscal year 2016 appropriation estimated at not more than 22 $0: Provided further, That notwithstanding 31 U.S.C. 23 3302, up to $66,500,000 collected by the Southeastern 24 Power Administration pursuant to the Flood Control Act 25 of 1944 to recover purchase power and wheeling expenses December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 423 1 shall be credited to this account as offsetting collections, 2 to remain available until expended for the sole purpose 3 of making purchase power and wheeling expenditures: 4 Provided further, That for purposes of this appropriation, 5 annual expenses means expenditures that are generally re6 covered in the same year that they are incurred (excluding 7 purchase power and wheeling expenses). 8 OPERATION 9 10 AND MAINTENANCE, SOUTHWESTERN POWER ADMINISTRATION For expenses necessary for operation and mainte- 11 nance of power transmission facilities and for marketing 12 electric power and energy, for construction and acquisition 13 of transmission lines, substations and appurtenant facili14 ties, and for administrative expenses, including official re15 ception and representation expenses in an amount not to 16 exceed $1,500 in carrying out section 5 of the Flood Con17 trol Act of 1944 (16 U.S.C. 825s), as applied to the 18 Southwestern Power Administration, $47,361,000, to re19 main available until expended: Provided, That notwith20 standing 31 U.S.C. 3302 and section 5 of the Flood Con21 trol Act of 1944 (16 U.S.C. 825s), up to $35,961,000 col22 lected by the Southwestern Power Administration from 23 the sale of power and related services shall be credited to 24 this account as discretionary offsetting collections, to re25 main available until expended, for the sole purpose of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 424 1 funding the annual expenses of the Southwestern Power 2 Administration: Provided further, That the sum herein ap3 propriated for annual expenses shall be reduced as collec4 tions are received during the fiscal year so as to result 5 in a final fiscal year 2016 appropriation estimated at not 6 more than $11,400,000: Provided further, That notwith7 standing 31 U.S.C. 3302, up to $63,000,000 collected by 8 the Southwestern Power Administration pursuant to the 9 Flood Control Act of 1944 to recover purchase power and 10 wheeling expenses shall be credited to this account as off11 setting collections, to remain available until expended for 12 the sole purpose of making purchase power and wheeling 13 expenditures: Provided further, That for purposes of this 14 appropriation, annual expenses means expenditures that 15 are generally recovered in the same year that they are in16 curred (excluding purchase power and wheeling expenses). 17 CONSTRUCTION, REHABILITATION, OPERATION AND 18 MAINTENANCE, WESTERN AREA POWER ADMINIS- 19 TRATION 20 For carrying out the functions authorized by title III, 21 section 302(a)(1)(E) of the Act of August 4, 1977 (42 22 U.S.C. 7152), and other related activities including con23 servation and renewable resources programs as author24 ized, $307,714,000, including official reception and rep25 resentation expenses in an amount not to exceed $1,500, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 425 1 to remain available until expended, of which $302,000,000 2 shall be derived from the Department of the Interior Rec3 lamation Fund: Provided, That notwithstanding 31 U.S.C. 4 3302, section 5 of the Flood Control Act of 1944 (16 5 U.S.C. 825s), and section 1 of the Interior Department 6 Appropriation Act, 1939 (43 U.S.C. 392a), up to 7 $214,342,000 collected by the Western Area Power Ad8 ministration from the sale of power and related services 9 shall be credited to this account as discretionary offsetting 10 collections, to remain available until expended, for the sole 11 purpose of funding the annual expenses of the Western 12 Area Power Administration: Provided further, That the 13 sum herein appropriated for annual expenses shall be re14 duced as collections are received during the fiscal year so 15 as to result in a final fiscal year 2016 appropriation esti16 mated at not more than $93,372,000, of which 17 $87,658,000 is derived from the Reclamation Fund: Pro18 vided further, That notwithstanding 31 U.S.C. 3302, up 19 to $352,813,000 collected by the Western Area Power Ad20 ministration pursuant to the Flood Control Act of 1944 21 and the Reclamation Project Act of 1939 to recover pur22 chase power and wheeling expenses shall be credited to 23 this account as offsetting collections, to remain available 24 until expended for the sole purpose of making purchase 25 power and wheeling expenditures: Provided further, That December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 426 1 for purposes of this appropriation, annual expenses means 2 expenditures that are generally recovered in the same year 3 that they are incurred (excluding purchase power and 4 wheeling expenses). 5 FALCON 6 7 AND AMISTAD OPERATING AND MAINTENANCE FUND For operation, maintenance, and emergency costs for 8 the hydroelectric facilities at the Falcon and Amistad 9 Dams, $4,490,000, to remain available until expended, 10 and to be derived from the Falcon and Amistad Operating 11 and Maintenance Fund of the Western Area Power Ad12 ministration, as provided in section 2 of the Act of June 13 18, 1954 (68 Stat. 255): Provided, That notwithstanding 14 the provisions of that Act and of 31 U.S.C. 3302, up to 15 $4,262,000 collected by the Western Area Power Adminis16 tration from the sale of power and related services from 17 the Falcon and Amistad Dams shall be credited to this 18 account as discretionary offsetting collections, to remain 19 available until expended for the sole purpose of funding 20 the annual expenses of the hydroelectric facilities of these 21 Dams and associated Western Area Power Administration 22 activities: Provided further, That the sum herein appro23 priated for annual expenses shall be reduced as collections 24 are received during the fiscal year so as to result in a final 25 fiscal year 2016 appropriation estimated at not more than December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 427 1 $228,000: Provided further, That for purposes of this ap2 propriation, annual expenses means expenditures that are 3 generally recovered in the same year that they are in4 curred: Provided further, That for fiscal year 2016, the 5 Administrator of the Western Area Power Administration 6 may accept up to $460,000 in funds contributed by United 7 States power customers of the Falcon and Amistad Dams 8 for deposit into the Falcon and Amistad Operating and 9 Maintenance Fund, and such funds shall be available for 10 the purpose for which contributed in like manner as if said 11 sums had been specifically appropriated for such purpose: 12 Provided further, That any such funds shall be available 13 without further appropriation and without fiscal year limi14 tation for use by the Commissioner of the United States 15 Section of the International Boundary and Water Com16 mission for the sole purpose of operating, maintaining, re17 pairing, rehabilitating, replacing, or upgrading the hydro18 electric facilities at these Dams in accordance with agree19 ments reached between the Administrator, Commissioner, 20 and the power customers. 21 FEDERAL ENERGY REGULATORY COMMISSION 22 SALARIES AND EXPENSES 23 For expenses necessary for the Federal Energy Regu- 24 latory Commission to carry out the provisions of the De25 partment of Energy Organization Act (42 U.S.C. 7101 et December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 428 1 seq.), including services as authorized by 5 U.S.C. 3109, 2 official reception and representation expenses not to ex3 ceed $3,000, and the hire of passenger motor vehicles, 4 $319,800,000, to remain available until expended: Pro5 vided, That notwithstanding any other provision of law, 6 not to exceed $319,800,000 of revenues from fees and an7 nual charges, and other services and collections in fiscal 8 year 2016 shall be retained and used for expenses nec9 essary in this account, and shall remain available until ex10 pended: Provided further, That the sum herein appro11 priated from the general fund shall be reduced as revenues 12 are received during fiscal year 2016 so as to result in a 13 final fiscal year 2016 appropriation from the general fund 14 estimated at not more than $0. 15 GENERAL PROVISIONS—DEPARTMENT OF 16 ENERGY 17 (INCLUDING TRANSFER AND RESCISSIONS OF FUNDS) 18 SEC. 301. (a) No appropriation, funds, or authority 19 made available by this title for the Department of Energy 20 shall be used to initiate or resume any program, project, 21 or activity or to prepare or initiate Requests For Proposals 22 or similar arrangements (including Requests for 23 Quotations, Requests for Information, and Funding Op24 portunity Announcements) for a program, project, or ac- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 429 1 tivity if the program, project, or activity has not been 2 funded by Congress. 3 (b)(1) Unless the Secretary of Energy notifies the 4 Committees on Appropriations of both Houses of Congress 5 at least 3 full business days in advance, none of the funds 6 made available in this title may be used to— 7 8 (A) make a grant allocation or discretionary grant award totaling $1,000,000 or more; 9 (B) make a discretionary contract award or 10 Other Transaction Agreement totaling $1,000,000 11 or more, including a contract covered by the Federal 12 Acquisition Regulation; 13 (C) issue a letter of intent to make an alloca- 14 tion, award, or Agreement in excess of the limits in 15 subparagraph (A) or (B); or 16 (D) announce publicly the intention to make an 17 allocation, award, or Agreement in excess of the lim- 18 its in subparagraph (A) or (B). 19 (2) The Secretary of Energy shall submit to the Com- 20 mittees on Appropriations of both Houses of Congress 21 within 15 days of the conclusion of each quarter a report 22 detailing each grant allocation or discretionary grant 23 award totaling less than $1,000,000 provided during the 24 previous quarter. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 430 1 (3) The notification required by paragraph (1) and 2 the report required by paragraph (2) shall include the re3 cipient of the award, the amount of the award, the fiscal 4 year for which the funds for the award were appropriated, 5 the account and program, project, or activity from which 6 the funds are being drawn, the title of the award, and 7 a brief description of the activity for which the award is 8 made. 9 (c) The Department of Energy may not, with respect 10 to any program, project, or activity that uses budget au11 thority made available in this title under the heading ‘‘De12 partment of Energy—Energy Programs’’, enter into a 13 multiyear contract, award a multiyear grant, or enter into 14 a multiyear cooperative agreement unless— 15 (1) the contract, grant, or cooperative agree- 16 ment is funded for the full period of performance as 17 anticipated at the time of award; or 18 (2) the contract, grant, or cooperative agree- 19 ment includes a clause conditioning the Federal Gov- 20 ernment’s obligation on the availability of future 21 year budget authority and the Secretary notifies the 22 Committees on Appropriations of both Houses of 23 Congress at least 3 days in advance. 24 (d) Except as provided in subsections (e), (f), and (g), 25 the amounts made available by this title shall be expended December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 431 1 as authorized by law for the programs, projects, and ac2 tivities specified in the ‘‘Final Bill’’ column in the ‘‘De3 partment of Energy’’ table included under the heading 4 ‘‘Title III—Department of Energy’’ in the explanatory 5 statement described in section 4 (in the matter preceding 6 division A of this consolidated Act). 7 (e) The amounts made available by this title may be 8 reprogrammed for any program, project, or activity, and 9 the Department shall notify the Committees on Appropria10 tions of both Houses of Congress at least 30 days prior 11 to the use of any proposed reprogramming that would 12 cause any program, project, or activity funding level to 13 increase or decrease by more than $5,000,000 or 10 per14 cent, whichever is less, during the time period covered by 15 this Act. 16 (f) None of the funds provided in this title shall be 17 available for obligation or expenditure through a re18 programming of funds that— 19 20 (1) creates, initiates, or eliminates a program, project, or activity; 21 (2) increases funds or personnel for any pro- 22 gram, project, or activity for which funds are denied 23 or restricted by this Act; or December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 432 1 (3) reduces funds that are directed to be used 2 for a specific program, project, or activity by this 3 Act. 4 (g)(1) The Secretary of Energy may waive any re- 5 quirement or restriction in this section that applies to the 6 use of funds made available for the Department of Energy 7 if compliance with such requirement or restriction would 8 pose a substantial risk to human health, the environment, 9 welfare, or national security. 10 (2) The Secretary of Energy shall notify the Commit- 11 tees on Appropriations of both Houses of Congress of any 12 waiver under paragraph (1) as soon as practicable, but 13 not later than 3 days after the date of the activity to which 14 a requirement or restriction would otherwise have applied. 15 Such notice shall include an explanation of the substantial 16 risk under paragraph (1) that permitted such waiver. 17 SEC. 302. The unexpended balances of prior appro- 18 priations provided for activities in this Act may be avail19 able to the same appropriation accounts for such activities 20 established pursuant to this title. Available balances may 21 be merged with funds in the applicable established ac22 counts and thereafter may be accounted for as one fund 23 for the same time period as originally enacted. 24 SEC. 303. Funds appropriated by this or any other 25 Act, or made available by the transfer of funds in this December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 433 1 Act, for intelligence activities are deemed to be specifically 2 authorized by the Congress for purposes of section 504 3 of the National Security Act of 1947 (50 U.S.C. 3094) 4 during fiscal year 2016 until the enactment of the Intel5 ligence Authorization Act for fiscal year 2016. 6 SEC. 304. None of the funds made available in this 7 title shall be used for the construction of facilities classi8 fied as high-hazard nuclear facilities under 10 CFR Part 9 830 unless independent oversight is conducted by the Of10 fice of Independent Enterprise Assessments to ensure the 11 project is in compliance with nuclear safety requirements. 12 SEC. 305. None of the funds made available in this 13 title may be used to approve critical decision-2 or critical 14 decision-3 under Department of Energy Order 413.3B, or 15 any successive departmental guidance, for construction 16 projects where the total project cost exceeds 17 $100,000,000, until a separate independent cost estimate 18 has been developed for the project for that critical deci19 sion. 20 SEC. 306. Notwithstanding section 301(c) of this Act, 21 none of the funds made available under the heading ‘‘De22 partment of Energy—Energy Programs—Science’’ in this 23 or any subsequent Energy and Water Development and 24 Related Agencies appropriations Act for any fiscal year 25 may be used for a multiyear contract, grant, cooperative December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 434 1 agreement, or Other Transaction Agreement of 2 $1,000,000 or less unless the contract, grant, cooperative 3 agreement, or Other Transaction Agreement is funded for 4 the full period of performance as anticipated at the time 5 of award. 6 SEC. 307. (a) None of the funds made available in 7 this or any prior Act under the heading ‘‘Defense Nuclear 8 Nonproliferation’’ may be made available to enter into new 9 contracts with, or new agreements for Federal assistance 10 to, the Russian Federation. 11 (b) The Secretary of Energy may waive the prohibi- 12 tion in subsection (a) if the Secretary determines that 13 such activity is in the national security interests of the 14 United States. This waiver authority may not be dele15 gated. 16 (c) A waiver under subsection (b) shall not be effec- 17 tive until 15 days after the date on which the Secretary 18 submits to the Committees on Appropriations of both 19 Houses of Congress, in classified form if necessary, a re20 port on the justification for the waiver. 21 SEC. 308. (a) NEW REGIONAL RESERVES.—The Sec- 22 retary of Energy may not establish any new regional pe23 troleum product reserve unless funding for the proposed 24 regional petroleum product reserve is explicitly requested December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 435 1 in advance in an annual budget submission and approved 2 by the Congress in an appropriations Act. 3 (b) The budget request or notification shall include— 4 (1) the justification for the new reserve; 5 (2) a cost estimate for the establishment, oper- 6 ation, and maintenance of the reserve, including 7 funding sources; 8 (3) a detailed plan for operation of the reserve, 9 including the conditions upon which the products 10 may be released; 11 (4) the location of the reserve; and 12 (5) the estimate of the total inventory of the re- 13 serve. 14 SEC. 309. Of the amounts made available by this Act 15 for ‘‘National Nuclear Security Administration—Weapons 16 Activities’’, up to $50,000,000 may be reprogrammed 17 within such account for Domestic Uranium Enrichment, 18 subject to the notice requirement in section 301(e). 19 SEC. 310. (a) Unobligated balances available from 20 appropriations are hereby rescinded from the following ac21 counts of the Department of Energy in the specified 22 amounts: 23 (1) ‘‘Energy Programs—Energy Efficiency and Re- 24 newable Energy’’, $1,355,149.00 from Public Law 110– December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 436 1 161; $627,299.24 from Public Law 111–8; and 2 $1,824,051.94 from Public Law 111–85. 3 (2) ‘‘Energy Programs—Science’’, $3,200,000.00. 4 (b) No amounts may be rescinded by this section 5 from amounts that were designated by the Congress as 6 an emergency requirement pursuant to a concurrent reso7 lution on the budget or the Balanced Budget and Emer8 gency Deficit Control Act of 1985. 9 SEC. 311. Notwithstanding any other provision of 10 law, the provisions of 40 U.S.C. 11319 shall not apply 11 to funds appropriated in this title to Federally Funded 12 Research and Development Centers sponsored by the De13 partment of Energy. 14 SEC. 312. None of the funds made available in this 15 Act may be used— 16 17 18 (1) to implement or enforce section 430.32(x) of title 10, Code of Federal Regulations; or (2) to implement or enforce the standards es- 19 tablished 20 325(i)(1)(B) of the Energy Policy and Conservation 21 Act (42 U.S.C. 6295(i)(1)(B)) with respect to 22 BPAR incandescent reflector lamps, BR incandes- 23 cent reflector lamps, and ER incandescent reflector 24 lamps. December 16, 2015 (1:04 a.m.) by the tables contained in section U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 437 1 SEC. 313. (a) Of the funds appropriated in prior Acts 2 under the headings ‘‘Fossil Energy Research and Develop3 ment’’ and ‘‘Clean Coal Technology’’ for prior solicitations 4 under the Clean Coal Power Initiative and FutureGen, not 5 less than $160,000,000 from projects selected under such 6 solicitations that have not reached financial close and have 7 not secured funding sufficient to construct the project 8 prior to 30 days after the date of enactment of this Act 9 shall be deobligated, if necessary, shall be utilized for pre10 viously selected demonstration projects under such solici11 tations that have reached financial close or have otherwise 12 secured funding sufficient to construct the project prior 13 to 30 days after the date of enactment of this Act, and 14 shall be allocated among such projects in proportion to 15 the total financial contribution by the recipients to those 16 projects stipulated in their respective cooperative agree17 ments. 18 (b) Funds utilized pursuant to subsection (a) shall 19 be administered in accordance with the provisions in the 20 Act in which the funds for those demonstration projects 21 were originally appropriated, except that financial assist22 ance for costs in excess of those estimated as of the date 23 of award of the original financial assistance may be pro24 vided in excess of the proportion of costs borne by the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 438 1 Government in the original agreement and shall not be 2 limited to 25 percent of the original financial assistance. 3 (c) No amounts may be repurposed pursuant to this 4 section from amounts that were designated by the Con5 gress as an emergency requirement pursuant to a concur6 rent resolution on the budget or the Balanced Budget and 7 Emergency Deficit Control Act of 1985. 8 (d) This section shall be fully implemented not later 9 than 60 days after the date of enactment of this Act. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 439 1 TITLE IV 2 INDEPENDENT AGENCIES 3 APPALACHIAN REGIONAL COMMISSION 4 For expenses necessary to carry out the programs au- 5 thorized by the Appalachian Regional Development Act of 6 1965, notwithstanding 40 U.S.C. 14704, and for expenses 7 necessary for the Federal Co-Chairman and the Alternate 8 on the Appalachian Regional Commission, for payment of 9 the Federal share of the administrative expenses of the 10 Commission, including services as authorized by 5 U.S.C. 11 3109, and hire of passenger motor vehicles, $146,000,000, 12 to remain available until expended. 13 DEFENSE NUCLEAR FACILITIES SAFETY BOARD 14 SALARIES AND EXPENSES 15 For expenses necessary for the Defense Nuclear Fa- 16 cilities Safety Board in carrying out activities authorized 17 by the Atomic Energy Act of 1954, as amended by Public 18 Law 100–456, section 1441, $29,150,000, to remain 19 available until September 30, 2017. 20 DELTA REGIONAL AUTHORITY 21 SALARIES AND EXPENSES 22 For expenses necessary for the Delta Regional Au- 23 thority and to carry out its activities, as authorized by 24 the Delta Regional Authority Act of 2000, notwith25 standing sections 382C(b)(2), 382F(d), 382M, and 382N December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 440 1 of said Act, $25,000,000, to remain available until ex2 pended. 3 4 DENALI COMMISSION For expenses necessary for the Denali Commission 5 including the purchase, construction, and acquisition of 6 plant and capital equipment as necessary and other ex7 penses, $11,000,000, to remain available until expended, 8 notwithstanding the limitations contained in section 9 306(g) of the Denali Commission Act of 1998: Provided, 10 That funds shall be available for construction projects in 11 an amount not to exceed 80 percent of total project cost 12 for distressed communities, as defined by section 307 of 13 the Denali Commission Act of 1998 (division C, title III, 14 Public Law 105–277), as amended by section 701 of ap15 pendix D, title VII, Public Law 106–113 (113 Stat. 16 1501A–280), and an amount not to exceed 50 percent for 17 non-distressed communities. 18 19 NORTHERN BORDER REGIONAL COMMISSION For expenses necessary for the Northern Border Re- 20 gional Commission in carrying out activities authorized by 21 subtitle V of title 40, United States Code, $7,500,000, to 22 remain available until expended: Provided, That such 23 amounts shall be available for administrative expenses, 24 notwithstanding section 15751(b) of title 40, United 25 States Code. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 441 1 SOUTHEAST CRESCENT REGIONAL COMMISSION 2 For expenses necessary for the Southeast Crescent 3 Regional Commission in carrying out activities authorized 4 by subtitle V of title 40, United States Code, $250,000, 5 to remain available until expended. 6 NUCLEAR REGULATORY COMMISSION 7 SALARIES AND EXPENSES 8 For expenses necessary for the Commission in car- 9 rying out the purposes of the Energy Reorganization Act 10 of 1974 and the Atomic Energy Act of 1954, 11 $990,000,000, including official representation expenses 12 not to exceed $25,000, to remain available until expended: 13 Provided, That of the amount appropriated herein, not 14 more than $7,500,000 may be made available for salaries, 15 travel, and other support costs for the Office of the Com16 mission, to remain available until September 30, 2017, of 17 which, notwithstanding section 201(a)(2)(c) of the Energy 18 Reorganization Act of 1974 (42 U.S.C. 5841(a)(2)(c)), 19 the use and expenditure shall only be approved by a major20 ity vote of the Commission: Provided further, That reve21 nues from licensing fees, inspection services, and other 22 services and collections estimated at $872,864,000 in fis23 cal year 2016 shall be retained and used for necessary 24 salaries and expenses in this account, notwithstanding 31 25 U.S.C. 3302, and shall remain available until expended: December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 442 1 Provided further, That the sum herein appropriated shall 2 be reduced by the amount of revenues received during fis3 cal year 2016 so as to result in a final fiscal year 2016 4 appropriation estimated at not more than $117,136,000: 5 Provided further, That of the amounts appropriated under 6 this heading, $10,000,000 shall be for university research 7 and development in areas relevant to their respective orga8 nization’s mission, and $5,000,000 shall be for a Nuclear 9 Science and Engineering Grant Program that will support 10 multiyear projects that do not align with programmatic 11 missions but are critical to maintaining the discipline of 12 nuclear science and engineering. 13 14 OFFICE OF INSPECTOR GENERAL For expenses necessary for the Office of Inspector 15 General in carrying out the provisions of the Inspector 16 General Act of 1978, $12,136,000, to remain available 17 until September 30, 2017: Provided, That revenues from 18 licensing fees, inspection services, and other services and 19 collections estimated at $10,060,000 in fiscal year 2016 20 shall be retained and be available until September 30, 21 2017, for necessary salaries and expenses in this account, 22 notwithstanding section 3302 of title 31, United States 23 Code: Provided further, That the sum herein appropriated 24 shall be reduced by the amount of revenues received dur25 ing fiscal year 2016 so as to result in a final fiscal year December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 443 1 2016 appropriation estimated at not more than 2 $2,076,000: Provided further, That of the amounts appro3 priated under this heading, $958,000 shall be for Inspec4 tor General services for the Defense Nuclear Facilities 5 Safety Board, which shall not be available from fee reve6 nues. 7 NUCLEAR WASTE TECHNICAL REVIEW BOARD 8 SALARIES AND EXPENSES 9 For expenses necessary for the Nuclear Waste Tech- 10 nical Review Board, as authorized by Public Law 100– 11 203, section 5051, $3,600,000, to be derived from the Nu12 clear Waste Fund, to remain available until September 30, 13 2017. 14 GENERAL PROVISIONS—INDEPENDENT 15 AGENCIES 16 SEC. 401. The Nuclear Regulatory Commission shall 17 comply with the July 5, 2011, version of Chapter VI of 18 its Internal Commission Procedures when responding to 19 Congressional requests for information. 20 SEC. 402. (a) The amounts made available by this 21 title for the Nuclear Regulatory Commission may be re22 programmed for any program, project, or activity, and the 23 Commission shall notify the Committees on Appropria24 tions of both Houses of Congress at least 30 days prior 25 to the use of any proposed reprogramming that would December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 444 1 cause any program funding level to increase or decrease 2 by more than $500,000 or 10 percent, whichever is less, 3 during the time period covered by this Act. 4 (b)(1) The Nuclear Regulatory Commission may 5 waive the notification requirement in (a) if compliance 6 with such requirement would pose a substantial risk to 7 human health, the environment, welfare, or national secu8 rity. 9 (2) The Nuclear Regulatory Commission shall notify 10 the Committees on Appropriations of both Houses of Con11 gress of any waiver under paragraph (1) as soon as prac12 ticable, but not later than 3 days after the date of the 13 activity to which a requirement or restriction would other14 wise have applied. Such notice shall include an explanation 15 of the substantial risk under paragraph (1) that permitted 16 such waiver and shall provide a detailed report to the 17 Committees of such waiver and changes to funding levels 18 to programs, projects, or activities. 19 (c) Except as provided in subsections (a), (b), and 20 (d), the amounts made available by this title for ‘‘Nuclear 21 Regulatory Commission—Salaries and Expenses’’ shall be 22 expended as directed in the explanatory statement de23 scribed in section 4 (in the matter preceding division A 24 of this consolidated Act). December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 445 1 (d) None of the funds provided for the Nuclear Regu- 2 latory Commission shall be available for obligation or ex3 penditure through a reprogramming of funds that in4 creases funds or personnel for any program, project, or 5 activity for which funds are denied or restricted by this 6 Act. 7 (e) The Commission shall provide a monthly report 8 to the Committees on Appropriations of both Houses of 9 Congress, which includes the following for each program, 10 project, or activity, including any prior year appropria11 tions— 12 (1) total budget authority; 13 (2) total unobligated balances; and 14 (3) total unliquidated obligations. 15 SEC. 403. Public Law 105–277, division A, section 16 101(g) (title III, section 329(a), (b)) is amended by insert17 ing, in subsection (b), after ‘‘State law’’ and before the 18 period the following: ‘‘or for the construction and repair 19 of barge mooring points and barge landing sites to facili20 tate pumping fuel from fuel transport barges into bulk 21 fuel storage tanks.’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 446 1 TITLE V 2 GENERAL PROVISIONS 3 SEC. 501. None of the funds appropriated by this Act 4 may be used in any way, directly or indirectly, to influence 5 congressional action on any legislation or appropriation 6 matters pending before Congress, other than to commu7 nicate to Members of Congress as described in 18 U.S.C. 8 1913. 9 SEC. 502. (a) None of the funds made available in 10 title III of this Act may be transferred to any department, 11 agency, or instrumentality of the United States Govern12 ment, except pursuant to a transfer made by or transfer 13 authority provided in this Act or any other appropriations 14 Act for any fiscal year, transfer authority referenced in 15 the explanatory statement described in section 4 (in the 16 matter preceding division A of this consolidated Act), or 17 any authority whereby a department, agency, or instru18 mentality of the United States Government may provide 19 goods or services to another department, agency, or in20 strumentality. 21 (b) None of the funds made available for any depart- 22 ment, agency, or instrumentality of the United States 23 Government may be transferred to accounts funded in title 24 III of this Act, except pursuant to a transfer made by or 25 transfer authority provided in this Act or any other appro- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 447 1 priations Act for any fiscal year, transfer authority ref2 erenced in the explanatory statement described in section 3 4 (in the matter preceding division A of this consolidated 4 Act), or any authority whereby a department, agency, or 5 instrumentality of the United States Government may 6 provide goods or services to another department, agency, 7 or instrumentality. 8 (c) The head of any relevant department or agency 9 funded in this Act utilizing any transfer authority shall 10 submit to the Committees on Appropriations of both 11 Houses of Congress a semiannual report detailing the 12 transfer authorities, except for any authority whereby a 13 department, agency, or instrumentality of the United 14 States Government may provide goods or services to an15 other department, agency, or instrumentality, used in the 16 previous 6 months and in the year-to-date. This report 17 shall include the amounts transferred and the purposes 18 for which they were transferred, and shall not replace or 19 modify existing notification requirements for each author20 ity. 21 SEC. 503. None of the funds made available by this 22 Act may be used in contravention of Executive Order No. 23 12898 of February 11, 1994 (Federal Actions to Address 24 Environmental Justice in Minority Populations and Low25 Income Populations). December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 448 1 This division may be cited as the ‘‘Energy and Water 2 Development and Related Agencies Appropriations Act, 3 2016’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 449 1 DIVISION E—FINANCIAL SERVICES AND 2 GENERAL GOVERNMENT APPROPRIA- 3 TIONS ACT, 2016 4 TITLE I 5 DEPARTMENT OF THE TREASURY 6 DEPARTMENTAL OFFICES 7 SALARIES AND EXPENSES 8 For necessary expenses of the Departmental Offices 9 including operation and maintenance of the Treasury 10 Building and Annex; hire of passenger motor vehicles; 11 maintenance, repairs, and improvements of, and purchase 12 of commercial insurance policies for, real properties leased 13 or owned overseas, when necessary for the performance 14 of official business; executive direction program activities; 15 international affairs and economic policy activities; domes16 tic finance and tax policy activities, including technical as17 sistance to Puerto Rico; and Treasury-wide management 18 policies and programs activities, $222,500,000: Provided, 19 That of the amount appropriated under this heading— 20 21 (1) not to exceed $350,000 is for official reception and representation expenses; 22 (2) not to exceed $258,000 is for unforeseen 23 emergencies of a confidential nature to be allocated 24 and expended under the direction of the Secretary of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 450 1 the Treasury and to be accounted for solely on the 2 Secretary’s certificate; and 3 (3) not to exceed $22,200,000 shall remain 4 available until September 30, 2017, for— 5 (A) the Treasury-wide Financial Statement 6 Audit and Internal Control Program; 7 (B) information technology modernization 8 requirements; 9 (C) the audit, oversight, and administra- 10 tion of the Gulf Coast Restoration Trust Fund; 11 and 12 (D) the development and implementation 13 of programs within the Office of Critical Infra- 14 structure Protection and Compliance Policy, in- 15 cluding entering into cooperative agreements. 16 OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE 17 SALARIES AND EXPENSES 18 For the necessary expenses of the Office of Terrorism 19 and Financial Intelligence to safeguard the financial sys20 tem against illicit use and to combat rogue nations, ter21 rorist facilitators, weapons of mass destruction 22 proliferators, money launderers, drug kingpins, and other 23 national security threats, $117,000,000: Provided, That of 24 the amount appropriated under this heading: (1) not to 25 exceed $27,100,000 is available for administrative ex- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 451 1 penses; and (2) $5,000,000, to remain available until Sep2 tember 30, 2017. 3 DEPARTMENT-WIDE SYSTEMS AND CAPITAL 4 INVESTMENTS PROGRAMS 5 (INCLUDING TRANSFER OF FUNDS) 6 For development and acquisition of automatic data 7 processing equipment, software, and services and for re8 pairs and renovations to buildings owned by the Depart9 ment of the Treasury, $5,000,000, to remain available 10 until September 30, 2018: Provided, That these funds 11 shall be transferred to accounts and in amounts as nec12 essary to satisfy the requirements of the Department’s of13 fices, bureaus, and other organizations: Provided further, 14 That this transfer authority shall be in addition to any 15 other transfer authority provided in this Act: Provided fur16 ther, That none of the funds appropriated under this head17 ing shall be used to support or supplement ‘‘Internal Rev18 enue Service, Operations Support’’ or ‘‘Internal Revenue 19 Service, Business Systems Modernization’’. 20 OFFICE OF INSPECTOR GENERAL 21 SALARIES AND EXPENSES 22 For necessary expenses of the Office of Inspector 23 General in carrying out the provisions of the Inspector 24 General Act of 1978, $35,416,000, including hire of pas25 senger motor vehicles; of which not to exceed $100,000 December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 452 1 shall be available for unforeseen emergencies of a con2 fidential nature, to be allocated and expended under the 3 direction of the Inspector General of the Treasury; of 4 which up to $2,800,000 to remain available until Sep5 tember 30, 2017, shall be for audits and investigations 6 conducted pursuant to section 1608 of the Resources and 7 Ecosystems Sustainability, Tourist Opportunities, and Re8 vived Economies of the Gulf Coast States Act of 2012 (33 9 U.S.C. 1321 note); and of which not to exceed $1,000 10 shall be available for official reception and representation 11 expenses. 12 TREASURY INSPECTOR GENERAL FOR TAX 13 ADMINISTRATION 14 SALARIES AND EXPENSES 15 For necessary expenses of the Treasury Inspector 16 General for Tax Administration in carrying out the In17 spector General Act of 1978, as amended, including pur18 chase and hire of passenger motor vehicles (31 U.S.C. 19 1343(b)); and services authorized by 5 U.S.C. 3109, at 20 such rates as may be determined by the Inspector General 21 for Tax Administration; $167,275,000, of which 22 $5,000,000 shall remain available until September 30, 23 2017; of which not to exceed $6,000,000 shall be available 24 for official travel expenses; of which not to exceed 25 $500,000 shall be available for unforeseen emergencies of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 453 1 a confidential nature, to be allocated and expended under 2 the direction of the Inspector General for Tax Administra3 tion; and of which not to exceed $1,500 shall be available 4 for official reception and representation expenses. 5 SPECIAL INSPECTOR GENERAL FOR THE TROUBLED 6 ASSET RELIEF PROGRAM 7 SALARIES AND EXPENSES 8 For necessary expenses of the Office of the Special 9 Inspector General in carrying out the provisions of the 10 Emergency Economic Stabilization Act of 2008 (Public 11 Law 110–343), $40,671,000. 12 FINANCIAL CRIMES ENFORCEMENT NETWORK 13 SALARIES AND EXPENSES 14 For necessary expenses of the Financial Crimes En- 15 forcement Network, including hire of passenger motor ve16 hicles; travel and training expenses of non-Federal and 17 foreign government personnel to attend meetings and 18 training concerned with domestic and foreign financial in19 telligence activities, law enforcement, and financial regula20 tion; services authorized by 5 U.S.C. 3109; not to exceed 21 $10,000 for official reception and representation expenses; 22 and for assistance to Federal law enforcement agencies, 23 with or without reimbursement, $112,979,000, of which 24 not to exceed $34,335,000 shall remain available until 25 September 30, 2018. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 454 1 TREASURY FORFEITURE FUND 2 (RESCISSION) 3 Of the unobligated balances available under this 4 heading, $700,000,000 are rescinded. 5 6 7 BUREAU OF THE FISCAL SERVICE SALARIES AND EXPENSES For necessary expenses of operations of the Bureau 8 of the Fiscal Service, $363,850,000; of which not to ex9 ceed $4,210,000, to remain available until September 30, 10 2018, is for information systems modernization initiatives; 11 of which $5,000 shall be available for official reception and 12 representation expenses; and of which not to exceed 13 $19,800,000, to remain available until September 30, 14 2018, is to support the Department’s activities related to 15 implementation of the Digital Accountability and Trans16 parency Act (DATA Act; Public Law 113–101), including 17 changes in business processes, workforce, or information 18 technology to support high quality, transparent Federal 19 spending information. 20 In addition, $165,000, to be derived from the Oil 21 Spill Liability Trust Fund to reimburse administrative 22 and personnel expenses for financial management of the 23 Fund, as authorized by section 1012 of Public Law 101– 24 380. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 455 1 ALCOHOL 2 AND TOBACCO TAX AND TRADE BUREAU SALARIES AND EXPENSES 3 For necessary expenses of carrying out section 1111 4 of the Homeland Security Act of 2002, including hire of 5 passenger motor vehicles, $106,439,000; of which not to 6 exceed $6,000 for official reception and representation ex7 penses; not to exceed $50,000 for cooperative research and 8 development programs for laboratory services; and provi9 sion of laboratory assistance to State and local agencies 10 with or without reimbursement: Provided, That of the 11 amount appropriated under this heading, $5,000,000 shall 12 be for the costs of accelerating the processing of formula 13 and label applications. 14 UNITED STATES MINT 15 UNITED STATES MINT PUBLIC ENTERPRISE FUND 16 Pursuant to section 5136 of title 31, United States 17 Code, the United States Mint is provided funding through 18 the United States Mint Public Enterprise Fund for costs 19 associated with the production of circulating coins, numis20 matic coins, and protective services, including both oper21 ating expenses and capital investments: Provided, That 22 the aggregate amount of new liabilities and obligations in23 curred during fiscal year 2016 under such section 5136 24 for circulating coinage and protective service capital in- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 456 1 vestments of the United States Mint shall not exceed 2 $20,000,000. 3 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS 4 FUND PROGRAM ACCOUNT 5 To carry out the Riegle Community Development and 6 Regulatory Improvements Act of 1994 (subtitle A of title 7 I of Public Law 103–325), including services authorized 8 by section 3109 of title 5, United States Code, but at rates 9 for individuals not to exceed the per diem rate equivalent 10 to the rate for EX–3, $233,523,000. Of the amount ap11 propriated under this heading— 12 (1) not less than $153,423,000, notwith- 13 standing section 108(e) of Public Law 103–325 (12 14 U.S.C. 4707(e)) with regard to Small and/or Emerg- 15 ing Community Development Financial Institutions 16 Assistance awards, is available until September 30, 17 2017, for financial assistance and technical assist- 18 ance under subparagraphs (A) and (B) of section 19 108(a)(1), respectively, of Public Law 103–325 (12 20 U.S.C. 4707(a)(1)(A) and (B)), of which up to 21 $3,102,500 may be used for the cost of direct loans: 22 Provided, That the cost of direct and guaranteed 23 loans, including the cost of modifying such loans, 24 shall be as defined in section 502 of the Congres- 25 sional Budget Act of 1974: Provided further, That December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 457 1 these funds are available to subsidize gross obliga- 2 tions for the principal amount of direct loans not to 3 exceed $25,000,000; 4 (2) not less than $15,500,000, notwithstanding 5 section 108(e) of Public Law 103–325 (12 U.S.C. 6 4707(e)), is available until September 30, 2017, for 7 financial assistance, technical assistance, training 8 and outreach programs designed to benefit Native 9 American, Native Hawaiian, and Alaskan Native 10 communities and provided primarily through quali- 11 fied community development lender organizations 12 with experience and expertise in community develop- 13 ment banking and lending in Indian country, Native 14 American organizations, tribes and tribal organiza- 15 tions, and other suitable providers; 16 (3) not less than $19,000,000 is available until 17 September 30, 2017, for the Bank Enterprise Award 18 program; 19 (4) not less than $22,000,000, notwithstanding 20 subsections (d) and (e) of section 108 of Public Law 21 103–325 (12 U.S.C. 4707(d) and (e)), is available 22 until September 30, 2017, for a Healthy Food Fi- 23 nancing Initiative to provide financial assistance, 24 technical assistance, training, and outreach to com- 25 munity development financial institutions for the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 458 1 purpose of offering affordable financing and tech- 2 nical assistance to expand the availability of healthy 3 food options in distressed communities; 4 (5) up to $23,600,000 is available until Sep- 5 tember 30, 2016, for administrative expenses, in- 6 cluding administration of CDFI fund programs and 7 the New Markets Tax Credit Program, of which not 8 less than $1,000,000 is for capacity building to ex- 9 pand CDFI investments in underserved rural areas, 10 and up to $300,000 is for administrative expenses to 11 carry out the direct loan program; and 12 (6) during fiscal year 2016, none of the funds 13 available under this heading are available for the 14 cost, as defined in section 502 of the Congressional 15 Budget Act of 1974, of commitments to guarantee 16 bonds and notes under section 114A of the Riegle 17 Community Development and Regulatory Improve- 18 ment Act of 1994 (12 U.S.C. 4713a): Provided, 19 That commitments to guarantee bonds and notes 20 under 21 $750,000,000: Provided further, That such section 22 114A shall remain in effect until September 30, 23 2016. December 16, 2015 (1:04 a.m.) such section 114A shall not exceed U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 459 1 INTERNAL REVENUE SERVICE 2 TAXPAYER SERVICES 3 For necessary expenses of the Internal Revenue Serv- 4 ice to provide taxpayer services, including pre-filing assist5 ance and education, filing and account services, taxpayer 6 advocacy services, and other services as authorized by 5 7 U.S.C. 3109, at such rates as may be determined by the 8 Commissioner, $2,156,554,000, of which not less than 9 $6,500,000 shall be for the Tax Counseling for the Elderly 10 Program, of which not less than $12,000,000 shall be 11 available for low-income taxpayer clinic grants, and of 12 which not less than $15,000,000, to remain available until 13 September 30, 2017, shall be available for a Community 14 Volunteer Income Tax Assistance matching grants pro15 gram for tax return preparation assistance, of which not 16 less than $206,000,000 shall be available for operating ex17 penses of the Taxpayer Advocate Service: Provided, That 18 of the amounts made available for the Taxpayer Advocate 19 Service, not less than $5,000,000 shall be for identity 20 theft casework. 21 22 ENFORCEMENT For necessary expenses for tax enforcement activities 23 of the Internal Revenue Service to determine and collect 24 owed taxes, to provide legal and litigation support, to con25 duct criminal investigations, to enforce criminal statutes December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 460 1 related to violations of internal revenue laws and other fi2 nancial crimes, to purchase and hire passenger motor vehi3 cles (31 U.S.C. 1343(b)), and to provide other services 4 as authorized by 5 U.S.C. 3109, at such rates as may be 5 determined by the Commissioner, $4,860,000,000, of 6 which not to exceed $50,000,000 shall remain available 7 until September 30, 2017, and of which not less than 8 $60,257,000 shall be for the Interagency Crime and Drug 9 Enforcement program. 10 11 OPERATIONS SUPPORT For necessary expenses of the Internal Revenue Serv- 12 ice to support taxpayer services and enforcement pro13 grams, including rent payments; facilities services; print14 ing; postage; physical security; headquarters and other 15 IRS-wide administration activities; research and statistics 16 of income; telecommunications; information technology de17 velopment, enhancement, operations, maintenance, and se18 curity; the hire of passenger motor vehicles (31 U.S.C. 19 1343(b)); the operations of the Internal Revenue Service 20 Oversight Board; and other services as authorized by 5 21 U.S.C. 3109, at such rates as may be determined by the 22 Commissioner; $3,638,446,000, of which not to exceed 23 $50,000,000 shall remain available until September 30, 24 2017; of which not to exceed $10,000,000 shall remain 25 available until expended for acquisition of equipment and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 461 1 construction, repair and renovation of facilities; of which 2 not to exceed $1,000,000 shall remain available until Sep3 tember 30, 2018, for research; of which not to exceed 4 $20,000 shall be for official reception and representation 5 expenses: Provided, That not later than 30 days after the 6 end of each quarter, the Internal Revenue Service shall 7 submit a report to the Committees on Appropriations of 8 the House of Representatives and the Senate and the 9 Comptroller General of the United States detailing the 10 cost and schedule performance for its major information 11 technology investments, including the purpose and life12 cycle stages of the investments; the reasons for any cost 13 and schedule variances; the risks of such investments and 14 strategies the Internal Revenue Service is using to miti15 gate such risks; and the expected developmental mile16 stones to be achieved and costs to be incurred in the next 17 quarter: Provided further, That the Internal Revenue Serv18 ice shall include, in its budget justification for fiscal year 19 2017, a summary of cost and schedule performance infor20 mation for its major information technology systems. 21 22 23 ice’s BUSINESS SYSTEMS MODERNIZATION For necessary expenses of the Internal Revenue Servbusiness systems modernization program, 24 $290,000,000, to remain available until September 30, 25 2018, for the capital asset acquisition of information tech- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 462 1 nology systems, including management and related con2 tractual costs of said acquisitions, including related Inter3 nal Revenue Service labor costs, and contractual costs as4 sociated with operations authorized by 5 U.S.C. 3109: 5 Provided, That not later than 30 days after the end of 6 each quarter, the Internal Revenue Service shall submit 7 a report to the Committees on Appropriations of the 8 House of Representatives and the Senate and the Comp9 troller General of the United States detailing the cost and 10 schedule performance for CADE 2 and Modernized e-File 11 information technology investments, including the pur12 poses and life-cycle stages of the investments; the reasons 13 for any cost and schedule variances; the risks of such in14 vestments and the strategies the Internal Revenue Service 15 is using to mitigate such risks; and the expected develop16 mental milestones to be achieved and costs to be incurred 17 in the next quarter. 18 ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE 19 SERVICE 20 (INCLUDING TRANSFER OF FUNDS) 21 SEC. 101. Not to exceed 5 percent of any appropria- 22 tion made available in this Act to the Internal Revenue 23 Service may be transferred to any other Internal Revenue 24 Service appropriation upon the advance approval of the 25 Committees on Appropriations. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 463 1 SEC. 102. The Internal Revenue Service shall main- 2 tain an employee training program, which shall include the 3 following topics: taxpayers’ rights, dealing courteously 4 with taxpayers, cross-cultural relations, ethics, and the im5 partial application of tax law. 6 SEC. 103. The Internal Revenue Service shall insti- 7 tute and enforce policies and procedures that will safe8 guard the confidentiality of taxpayer information and pro9 tect taxpayers against identity theft. 10 SEC. 104. Funds made available by this or any other 11 Act to the Internal Revenue Service shall be available for 12 improved facilities and increased staffing to provide suffi13 cient and effective 1–800 help line service for taxpayers. 14 The Commissioner shall continue to make improvements 15 to the Internal Revenue Service 1–800 help line service 16 a priority and allocate resources necessary to enhance the 17 response time to taxpayer communications, particularly 18 with regard to victims of tax-related crimes. 19 SEC. 105. None of the funds made available to the 20 Internal Revenue Service by this Act may be used to make 21 a video unless the Service-Wide Video Editorial Board de22 termines in advance that making the video is appropriate, 23 taking into account the cost, topic, tone, and purpose of 24 the video. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 464 1 SEC. 106. The Internal Revenue Service shall issue 2 a notice of confirmation of any address change relating 3 to an employer making employment tax payments, and 4 such notice shall be sent to both the employer’s former 5 and new address and an officer or employee of the Internal 6 Revenue Service shall give special consideration to an 7 offer-in-compromise from a taxpayer who has been the vic8 tim of fraud by a third party payroll tax preparer. 9 SEC. 107. None of the funds made available under 10 this Act may be used by the Internal Revenue Service to 11 target citizens of the United States for exercising any 12 right guaranteed under the First Amendment to the Con13 stitution of the United States. 14 SEC. 108. None of the funds made available in this 15 Act may be used by the Internal Revenue Service to target 16 groups for regulatory scrutiny based on their ideological 17 beliefs. 18 SEC. 109. None of funds made available by this Act 19 to the Internal Revenue Service shall be obligated or ex20 pended on conferences that do not adhere to the proce21 dures, verification processes, documentation requirements, 22 and policies issued by the Chief Financial Officer, Human 23 Capital Office, and Agency-Wide Shared Services as a re24 sult of the recommendations in the report published on 25 May 31, 2013, by the Treasury Inspector General for Tax December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 465 1 Administration entitled ‘‘Review of the August 2010 Small 2 Business/Self-Employed Division’s Conference in Ana3 heim, California’’ (Reference Number 2013–10–037). 4 SEC. 110. None of the funds made available in this 5 Act to the Internal Revenue Service may be obligated or 6 expended— 7 8 (1) to make a payment to any employee under a bonus, award, or recognition program; or 9 (2) under any hiring or personnel selection 10 process with respect to re-hiring a former employee, 11 unless such program or process takes into account the 12 conduct and Federal tax compliance of such employee or 13 former employee. 14 SEC. 111. None of the funds made available by this 15 Act may be used in contravention of section 6103 of the 16 Internal Revenue Code of 1986 (relating to confidentiality 17 and disclosure of returns and return information). 18 SEC. 112. Except to the extent provided in section 19 6014, 6020, or 6201(d) of the Internal Revenue Code of 20 1986, no funds in this or any other Act shall be available 21 to the Secretary of the Treasury to provide to any person 22 a proposed final return or statement for use by such per23 son to satisfy a filing or reporting requirement under such 24 Code. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 466 1 SEC. 113. In addition to the amounts otherwise made 2 available in this Act for the Internal Revenue Service, 3 $290,000,000, to be available until September 30, 2017, 4 shall be transferred by the Commissioner to the ‘‘Tax5 payer Services’’, ‘‘Enforcement’’, or ‘‘Operations Support’’ 6 accounts of the Internal Revenue Service for an additional 7 amount to be used solely for measurable improvements in 8 the customer service representative level of service rate, 9 to improve the identification and prevention of refund 10 fraud and identity theft, and to enhance cybersecurity to 11 safeguard taxpayer data: Provided, That such funds shall 12 supplement, not supplant any other amounts made avail13 able by the Internal Revenue Service for such purpose: 14 Provided further, That such funds shall not be available 15 until the Commissioner submits to the Committees on Ap16 propriations of the House of Representatives and the Sen17 ate a spending plan for such funds: Provided further, That 18 such funds shall not be used to support any provision of 19 Public Law 111–148, Public Law 111–152, or any amend20 ment made by either such Public Law. 21 ADMINISTRATIVE PROVISIONS—DEPARTMENT 22 TREASURY 23 (INCLUDING TRANSFERS OF FUNDS) 24 OF THE SEC. 114. Appropriations to the Department of the 25 Treasury in this Act shall be available for uniforms or al- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 467 1 lowances therefor, as authorized by law (5 U.S.C. 5901), 2 including maintenance, repairs, and cleaning; purchase of 3 insurance for official motor vehicles operated in foreign 4 countries; purchase of motor vehicles without regard to the 5 general purchase price limitations for vehicles purchased 6 and used overseas for the current fiscal year; entering into 7 contracts with the Department of State for the furnishing 8 of health and medical services to employees and their de9 pendents serving in foreign countries; and services author10 ized by 5 U.S.C. 3109. 11 SEC. 115. Not to exceed 2 percent of any appropria- 12 tions in this title made available under the headings ‘‘De13 partmental Offices—Salaries and Expenses’’, ‘‘Office of 14 Inspector General’’, ‘‘Special Inspector General for the 15 Troubled Asset Relief Program’’, ‘‘Financial Crimes En16 forcement Network’’, ‘‘Bureau of the Fiscal Service’’, and 17 ‘‘Alcohol and Tobacco Tax and Trade Bureau’’ may be 18 transferred between such appropriations upon the advance 19 approval of the Committees on Appropriations of the 20 House of Representatives and the Senate: Provided, That, 21 upon advance approval of such Committees, not to exceed 22 2 percent of any such appropriations may be transferred 23 to the ‘‘Office of Terrorism and Financial Intelligence’’: 24 Provided further, That no transfer under this section may December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 468 1 increase or decrease any such appropriation by more than 2 2 percent. 3 SEC. 116. Not to exceed 2 percent of any appropria- 4 tion made available in this Act to the Internal Revenue 5 Service may be transferred to the Treasury Inspector Gen6 eral for Tax Administration’s appropriation upon the ad7 vance approval of the Committees on Appropriations of 8 the House of Representatives and the Senate: Provided, 9 That no transfer may increase or decrease any such appro10 priation by more than 2 percent. 11 SEC. 117. None of the funds appropriated in this Act 12 or otherwise available to the Department of the Treasury 13 or the Bureau of Engraving and Printing may be used 14 to redesign the $1 Federal Reserve note. 15 SEC. 118. The Secretary of the Treasury may trans- 16 fer funds from the ‘‘Bureau of the Fiscal Service-Salaries 17 and Expenses’’ to the Debt Collection Fund as necessary 18 to cover the costs of debt collection: Provided, That such 19 amounts shall be reimbursed to such salaries and expenses 20 account from debt collections received in the Debt Collec21 tion Fund. 22 SEC. 119. None of the funds appropriated or other- 23 wise made available by this or any other Act may be used 24 by the United States Mint to construct or operate any mu25 seum without the explicit approval of the Committees on December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 469 1 Appropriations of the House of Representatives and the 2 Senate, the House Committee on Financial Services, and 3 the Senate Committee on Banking, Housing, and Urban 4 Affairs. 5 SEC. 120. None of the funds appropriated or other- 6 wise made available by this or any other Act or source 7 to the Department of the Treasury, the Bureau of Engrav8 ing and Printing, and the United States Mint, individually 9 or collectively, may be used to consolidate any or all func10 tions of the Bureau of Engraving and Printing and the 11 United States Mint without the explicit approval of the 12 House Committee on Financial Services; the Senate Com13 mittee on Banking, Housing, and Urban Affairs; and the 14 Committees on Appropriations of the House of Represent15 atives and the Senate. 16 SEC. 121. Funds appropriated by this Act, or made 17 available by the transfer of funds in this Act, for the De18 partment of the Treasury’s intelligence or intelligence re19 lated activities are deemed to be specifically authorized by 20 the Congress for purposes of section 504 of the National 21 Security Act of 1947 (50 U.S.C. 414) during fiscal year 22 2016 until the enactment of the Intelligence Authorization 23 Act for Fiscal Year 2016. 24 SEC. 122. Not to exceed $5,000 shall be made avail- 25 able from the Bureau of Engraving and Printing’s Indus- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 470 1 trial Revolving Fund for necessary official reception and 2 representation expenses. 3 SEC. 123. The Secretary of the Treasury shall submit 4 a Capital Investment Plan to the Committees on Appro5 priations of the Senate and the House of Representatives 6 not later than 30 days following the submission of the an7 nual budget submitted by the President: Provided, That 8 such Capital Investment Plan shall include capital invest9 ment spending from all accounts within the Department 10 of the Treasury, including but not limited to the Depart11 ment-wide Systems and Capital Investment Programs ac12 count, Treasury Franchise Fund account, and the Treas13 ury Forfeiture Fund account: Provided further, That such 14 Capital Investment Plan shall include expenditures occur15 ring in previous fiscal years for each capital investment 16 project that has not been fully completed. 17 SEC. 124. (a) Not later than 60 days after the end 18 of each quarter, the Office of Financial Stability and the 19 Office of Financial Research shall submit reports on their 20 activities to the Committees on Appropriations of the 21 House of Representatives and the Senate, the Committee 22 on Financial Services of the House of Representatives and 23 the Senate Committee on Banking, Housing, and Urban 24 Affairs. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 471 1 (b) The reports required under subsection (a) shall 2 include— 3 4 (1) the obligations made during the previous quarter by object class, office, and activity; 5 (2) the estimated obligations for the remainder 6 of the fiscal year by object class, office, and activity; 7 (3) the number of full-time equivalents within 8 each office during the previous quarter; 9 (4) the estimated number of full-time equiva- 10 lents within each office for the remainder of the fis- 11 cal year; and 12 (5) actions taken to achieve the goals, objec- 13 tives, and performance measures of each office. 14 (c) At the request of any such Committees specified 15 in subsection (a), the Office of Financial Stability and the 16 Office of Financial Research shall make officials available 17 to testify on the contents of the reports required under 18 subsection (a). 19 SEC. 125. Within 45 days after the date of enactment 20 of this Act, the Secretary of the Treasury shall submit 21 an itemized report to the Committees on Appropriations 22 of the House of Representatives and the Senate on the 23 amount of total funds charged to each office by the Fran24 chise Fund including the amount charged for each service 25 provided by the Franchise Fund to each office, a detailed December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 472 1 description of the services, a detailed explanation of how 2 each charge for each service is calculated, and a descrip3 tion of the role customers have in governing in the Fran4 chise Fund. 5 SEC. 126. The Secretary of the Treasury, in consulta- 6 tion with the appropriate agencies, departments, bureaus, 7 and commissions that have expertise in terrorism and 8 complex financial instruments, shall provide a report to 9 the Committees on Appropriations of the House of Rep10 resentatives and Senate, the Committee on Financial Serv11 ices of the House of Representatives, and the Committee 12 on Banking, Housing, and Urban Affairs of the Senate 13 not later than 90 days after the date of enactment of this 14 Act on economic warfare and financial terrorism. 15 SEC. 127. During fiscal year 2016— 16 (1) none of the funds made available in this or 17 any other Act may be used by the Department of 18 the Treasury, including the Internal Revenue Serv- 19 ice, to issue, revise, or finalize any regulation, rev- 20 enue ruling, or other guidance not limited to a par- 21 ticular taxpayer relating to the standard which is 22 used to determine whether an organization is oper- 23 ated exclusively for the promotion of social welfare 24 for purposes of section 501(c)(4) of the Internal 25 Revenue Code of 1986 (including the proposed regu- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 473 1 lations published at 78 Fed. Reg. 71535 (November 2 29, 2013)); and 3 (2) the standard and definitions as in effect on 4 January 1, 2010, which are used to make such de- 5 terminations shall apply after the date of the enact- 6 ment of this Act for purposes of determining status 7 under section 501(c)(4) of such Code of organiza- 8 tions created on, before, or after such date. 9 This title may be cited as the ‘‘Department of the 10 Treasury Appropriations Act, 2016’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 474 1 TITLE II 2 EXECUTIVE OFFICE OF THE PRESIDENT AND 3 FUNDS APPROPRIATED TO THE PRESIDENT 4 THE WHITE HOUSE 5 SALARIES AND EXPENSES 6 For necessary expenses for the White House as au- 7 thorized by law, including not to exceed $3,850,000 for 8 services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; 9 subsistence expenses as authorized by 3 U.S.C. 105, which 10 shall be expended and accounted for as provided in that 11 section; hire of passenger motor vehicles, and travel (not 12 to exceed $100,000 to be expended and accounted for as 13 provided by 3 U.S.C. 103); and not to exceed $19,000 for 14 official reception and representation expenses, to be avail15 able for allocation within the Executive Office of the Presi16 dent; and for necessary expenses of the Office of Policy 17 Development, including services as authorized by 5 U.S.C. 18 3109 and 3 U.S.C. 107, $55,000,000. 19 EXECUTIVE RESIDENCE 20 21 AT THE WHITE HOUSE OPERATING EXPENSES For necessary expenses of the Executive Residence 22 at the White House, $12,723,000, to be expended and ac23 counted for as provided by 3 U.S.C. 105, 109, 110, and 24 112–114. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 475 1 2 REIMBURSABLE EXPENSES For the reimbursable expenses of the Executive Resi- 3 dence at the White House, such sums as may be nec4 essary: Provided, That all reimbursable operating expenses 5 of the Executive Residence shall be made in accordance 6 with the provisions of this paragraph: Provided further, 7 That, notwithstanding any other provision of law, such 8 amount for reimbursable operating expenses shall be the 9 exclusive authority of the Executive Residence to incur ob10 ligations and to receive offsetting collections, for such ex11 penses: Provided further, That the Executive Residence 12 shall require each person sponsoring a reimbursable polit13 ical event to pay in advance an amount equal to the esti14 mated cost of the event, and all such advance payments 15 shall be credited to this account and remain available until 16 expended: Provided further, That the Executive Residence 17 shall require the national committee of the political party 18 of the President to maintain on deposit $25,000, to be 19 separately accounted for and available for expenses relat20 ing to reimbursable political events sponsored by such 21 committee during such fiscal year: Provided further, That 22 the Executive Residence shall ensure that a written notice 23 of any amount owed for a reimbursable operating expense 24 under this paragraph is submitted to the person owing 25 such amount within 60 days after such expense is in- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 476 1 curred, and that such amount is collected within 30 days 2 after the submission of such notice: Provided further, That 3 the Executive Residence shall charge interest and assess 4 penalties and other charges on any such amount that is 5 not reimbursed within such 30 days, in accordance with 6 the interest and penalty provisions applicable to an out7 standing debt on a United States Government claim under 8 31 U.S.C. 3717: Provided further, That each such amount 9 that is reimbursed, and any accompanying interest and 10 charges, shall be deposited in the Treasury as miscella11 neous receipts: Provided further, That the Executive Resi12 dence shall prepare and submit to the Committees on Ap13 propriations, by not later than 90 days after the end of 14 the fiscal year covered by this Act, a report setting forth 15 the reimbursable operating expenses of the Executive Res16 idence during the preceding fiscal year, including the total 17 amount of such expenses, the amount of such total that 18 consists of reimbursable official and ceremonial events, the 19 amount of such total that consists of reimbursable political 20 events, and the portion of each such amount that has been 21 reimbursed as of the date of the report: Provided further, 22 That the Executive Residence shall maintain a system for 23 the tracking of expenses related to reimbursable events 24 within the Executive Residence that includes a standard 25 for the classification of any such expense as political or December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 477 1 nonpolitical: Provided further, That no provision of this 2 paragraph may be construed to exempt the Executive Res3 idence from any other applicable requirement of sub4 chapter I or II of chapter 37 of title 31, United States 5 Code. 6 7 WHITE HOUSE REPAIR AND RESTORATION For the repair, alteration, and improvement of the 8 Executive Residence at the White House pursuant to 3 9 U.S.C. 105(d), $750,000, to remain available until ex10 pended, for required maintenance, resolution of safety and 11 health issues, and continued preventative maintenance. 12 13 14 COUNCIL OF ECONOMIC ADVISERS SALARIES AND EXPENSES For necessary expenses of the Council of Economic 15 Advisers in carrying out its functions under the Employ16 ment Act of 1946 (15 U.S.C. 1021 et seq.), $4,195,000. 17 NATIONAL SECURITY COUNCIL AND HOMELAND 18 SECURITY COUNCIL 19 SALARIES AND EXPENSES 20 For necessary expenses of the National Security 21 Council and the Homeland Security Council, including 22 services as authorized by 5 U.S.C. 3109, $12,800,000. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 478 1 OFFICE 2 3 OF ADMINISTRATION SALARIES AND EXPENSES For necessary expenses of the Office of Administra- 4 tion, including services as authorized by 5 U.S.C. 3109 5 and 3 U.S.C. 107, and hire of passenger motor vehicles, 6 $96,116,000, of which not to exceed $7,994,000 shall re7 main available until expended for continued modernization 8 of information resources within the Executive Office of the 9 President. 10 11 12 OFFICE OF MANAGEMENT AND BUDGET SALARIES AND EXPENSES For necessary expenses of the Office of Management 13 and Budget, including hire of passenger motor vehicles 14 and services as authorized by 5 U.S.C. 3109, to carry out 15 the provisions of chapter 35 of title 44, United States 16 Code, and to prepare and submit the budget of the United 17 States Government, in accordance with section 1105(a) of 18 title 31, United States Code, $95,000,000, of which not 19 to exceed $3,000 shall be available for official representa20 tion expenses: Provided, That none of the funds appro21 priated in this Act for the Office of Management and 22 Budget may be used for the purpose of reviewing any agri23 cultural marketing orders or any activities or regulations 24 under the provisions of the Agricultural Marketing Agree25 ment Act of 1937 (7 U.S.C. 601 et seq.): Provided further, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 479 1 That none of the funds made available for the Office of 2 Management and Budget by this Act may be expended for 3 the altering of the transcript of actual testimony of wit4 nesses, except for testimony of officials of the Office of 5 Management and Budget, before the Committees on Ap6 propriations or their subcommittees: Provided further, 7 That of the funds made available for the Office of Man8 agement and Budget by this Act, no less than one full9 time equivalent senior staff position shall be dedicated 10 solely to the Office of the Intellectual Property Enforce11 ment Coordinator: Provided further, That none of the 12 funds provided in this or prior Acts shall be used, directly 13 or indirectly, by the Office of Management and Budget, 14 for evaluating or determining if water resource project or 15 study reports submitted by the Chief of Engineers acting 16 through the Secretary of the Army are in compliance with 17 all applicable laws, regulations, and requirements relevant 18 to the Civil Works water resource planning process: Pro19 vided further, That the Office of Management and Budget 20 shall have not more than 60 days in which to perform 21 budgetary policy reviews of water resource matters on 22 which the Chief of Engineers has reported: Provided fur23 ther, That the Director of the Office of Management and 24 Budget shall notify the appropriate authorizing and ap25 propriating committees when the 60-day review is initi- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 480 1 ated: Provided further, That if water resource reports have 2 not been transmitted to the appropriate authorizing and 3 appropriating committees within 15 days after the end of 4 the Office of Management and Budget review period based 5 on the notification from the Director, Congress shall as6 sume Office of Management and Budget concurrence with 7 the report and act accordingly. 8 9 10 OFFICE OF NATIONAL DRUG CONTROL POLICY SALARIES AND EXPENSES For necessary expenses of the Office of National 11 Drug Control Policy; for research activities pursuant to 12 the Office of National Drug Control Policy Reauthoriza13 tion Act of 2006 (Public Law 109–469); not to exceed 14 $10,000 for official reception and representation expenses; 15 and for participation in joint projects or in the provision 16 of services on matters of mutual interest with nonprofit, 17 research, or public organizations or agencies, with or with18 out reimbursement, $20,047,000: Provided, That the Of19 fice is authorized to accept, hold, administer, and utilize 20 gifts, both real and personal, public and private, without 21 fiscal year limitation, for the purpose of aiding or facili22 tating the work of the Office. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 481 1 FEDERAL DRUG CONTROL PROGRAMS 2 HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM 3 (INCLUDING TRANSFERS OF FUNDS) 4 For necessary expenses of the Office of National 5 Drug Control Policy’s High Intensity Drug Trafficking 6 Areas Program, $250,000,000, to remain available until 7 September 30, 2017, for drug control activities consistent 8 with the approved strategy for each of the designated 9 High Intensity Drug Trafficking Areas (‘‘HIDTAs’’), of 10 which not less than 51 percent shall be transferred to 11 State and local entities for drug control activities and shall 12 be obligated not later than 120 days after enactment of 13 this Act: Provided, That up to 49 percent may be trans14 ferred to Federal agencies and departments in amounts 15 determined by the Director of the Office of National Drug 16 Control Policy, of which up to $2,700,000 may be used 17 for auditing services and associated activities: Provided 18 further, That, notwithstanding the requirements of Public 19 Law 106–58, any unexpended funds obligated prior to fis20 cal year 2014 may be used for any other approved activi21 ties of that HIDTA, subject to reprogramming require22 ments: Provided further, That each HIDTA designated as 23 of September 30, 2015, shall be funded at not less than 24 the fiscal year 2015 base level, unless the Director submits 25 to the Committees on Appropriations of the House of Rep- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 482 1 resentatives and the Senate justification for changes to 2 those levels based on clearly articulated priorities and pub3 lished Office of National Drug Control Policy performance 4 measures of effectiveness: Provided further, That the Di5 rector shall notify the Committees on Appropriations of 6 the initial allocation of fiscal year 2016 funding among 7 HIDTAs not later than 45 days after enactment of this 8 Act, and shall notify the Committees of planned uses of 9 discretionary HIDTA funding, as determined in consulta10 tion with the HIDTA Directors, not later than 90 days 11 after enactment of this Act: Provided further, That upon 12 a determination that all or part of the funds so transferred 13 from this appropriation are not necessary for the purposes 14 provided herein and upon notification to the Committees 15 on Appropriations of the House of Representatives and the 16 Senate, such amounts may be transferred back to this ap17 propriation. 18 OTHER FEDERAL DRUG CONTROL PROGRAMS 19 (INCLUDING TRANSFERS OF FUNDS) 20 For other drug control activities authorized by the 21 Office of National Drug Control Policy Reauthorization 22 Act of 2006 (Public Law 109–469), $109,810,000, to re23 main available until expended, which shall be available as 24 follows: $95,000,000 for the Drug-Free Communities Pro25 gram, of which $2,000,000 shall be made available as di- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 483 1 rected by section 4 of Public Law 107–82, as amended 2 by Public Law 109–469 (21 U.S.C. 1521 note); 3 $2,000,000 for drug court training and technical assist4 ance; $9,500,000 for anti-doping activities; $2,060,000 for 5 the United States membership dues to the World Anti6 Doping Agency; and $1,250,000 shall be made available 7 as directed by section 1105 of Public Law 109–469: Pro8 vided, That amounts made available under this heading 9 may be transferred to other Federal departments and 10 agencies to carry out such activities. 11 UNANTICIPATED NEEDS 12 For expenses necessary to enable the President to 13 meet unanticipated needs, in furtherance of the national 14 interest, security, or defense which may arise at home or 15 abroad during the current fiscal year, as authorized by 16 3 U.S.C. 108, $800,000, to remain available until Sep17 tember 30, 2017. 18 INFORMATION TECHNOLOGY OVERSIGHT 19 20 AND REFORM (INCLUDING TRANSFER OF FUNDS) For necessary expenses for the furtherance of inte- 21 grated, efficient, secure, and effective uses of information 22 technology in the Federal Government, $30,000,000, to 23 remain available until expended: Provided, That the Direc24 tor of the Office of Management and Budget may transfer December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 484 1 these funds to one or more other agencies to carry out 2 projects to meet these purposes. 3 4 5 SPECIAL ASSISTANCE TO THE PRESIDENT SALARIES AND EXPENSES For necessary expenses to enable the Vice President 6 to provide assistance to the President in connection with 7 specially assigned functions; services as authorized by 5 8 U.S.C. 3109 and 3 U.S.C. 106, including subsistence ex9 penses as authorized by 3 U.S.C. 106, which shall be ex10 pended and accounted for as provided in that section; and 11 hire of passenger motor vehicles, $4,228,000. 12 OFFICIAL RESIDENCE OF THE VICE PRESIDENT 13 OPERATING EXPENSES 14 (INCLUDING TRANSFER OF FUNDS) 15 For the care, operation, refurnishing, improvement, 16 and to the extent not otherwise provided for, heating and 17 lighting, including electric power and fixtures, of the offi18 cial residence of the Vice President; the hire of passenger 19 motor vehicles; and not to exceed $90,000 pursuant to 3 20 U.S.C. 106(b)(2), $299,000: Provided, That advances, re21 payments, or transfers from this appropriation may be 22 made to any department or agency for expenses of car23 rying out such activities. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 485 1 ADMINISTRATIVE PROVISIONS—EXECUTIVE OFFICE OF 2 THE TO 3 THE 4 5 PRESIDENT AND FUNDS APPROPRIATED PRESIDENT (INCLUDING TRANSFER OF FUNDS) SEC. 201. From funds made available in this Act 6 under the headings ‘‘The White House’’, ‘‘Executive Resi7 dence at the White House’’, ‘‘White House Repair and 8 Restoration’’, ‘‘Council of Economic Advisers’’, ‘‘National 9 Security Council and Homeland Security Council’’, ‘‘Of10 fice of Administration’’, ‘‘Special Assistance to the Presi11 dent’’, and ‘‘Official Residence of the Vice President’’, the 12 Director of the Office of Management and Budget (or 13 such other officer as the President may designate in writ14 ing), may, with advance approval of the Committees on 15 Appropriations of the House of Representatives and the 16 Senate, transfer not to exceed 10 percent of any such ap17 propriation to any other such appropriation, to be merged 18 with and available for the same time and for the same 19 purposes as the appropriation to which transferred: Pro20 vided, That the amount of an appropriation shall not be 21 increased by more than 50 percent by such transfers: Pro22 vided further, That no amount shall be transferred from 23 ‘‘Special Assistance to the President’’ or ‘‘Official Resi24 dence of the Vice President’’ without the approval of the 25 Vice President. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 486 1 SEC. 202. Within 90 days after the date of enactment 2 of this section, the Director of the Office of Management 3 and Budget shall submit a report to the Committees on 4 Appropriations of the House of Representatives and the 5 Senate on the costs of implementing the Dodd-Frank Wall 6 Street Reform and Consumer Protection Act (Public Law 7 111–203). Such report shall include— 8 (1) the estimated mandatory and discretionary 9 obligations of funds through fiscal year 2018, by 10 Federal agency and by fiscal year, including— 11 (A) the estimated obligations by cost in- 12 puts such as rent, information technology, con- 13 tracts, and personnel; 14 15 16 (B) the methodology and data sources used to calculate such estimated obligations; and (C) the specific section of such Act that re- 17 quires the obligation of funds; and 18 (2) the estimated receipts through fiscal year 19 2018 from assessments, user fees, and other fees by 20 the Federal agency making the collections, by fiscal 21 year, including— 22 23 24 25 December 16, 2015 (1:04 a.m.) (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. U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 487 1 SEC. 203. (a) During fiscal year 2016, any Executive 2 order or Presidential memorandum issued by the Presi3 dent shall be accompanied by a written statement from 4 the Director of the Office of Management and Budget on 5 the budgetary impact, including costs, benefits, and reve6 nues, of such order or memorandum. 7 (b) Any such statement shall include— 8 (1) a narrative summary of the budgetary im- 9 pact of such order or memorandum on the Federal 10 Government; 11 (2) the impact on mandatory and discretionary 12 obligations and outlays as the result of such order 13 or memorandum, listed by Federal agency, for each 14 year in the 5-fiscal year period beginning in fiscal 15 year 2016; and 16 (3) the impact on revenues of the Federal Gov- 17 ernment as the result of such order or memorandum 18 over the 5-fiscal-year period beginning in fiscal year 19 2016. 20 (c) If an Executive order or Presidential memo- 21 randum is issued during fiscal year 2016 due to a national 22 emergency, the Director of the Office of Management and 23 Budget may issue the statement required by subsection 24 (a) not later than 15 days after the date that such order 25 or memorandum is issued. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 488 1 (d) The requirement for cost estimates for Presi- 2 dential memoranda shall only apply for Presidential 3 memoranda estimated to have a regulatory cost in excess 4 of $100,000,000. 5 This title may be cited as the ‘‘Executive Office of 6 the President Appropriations Act, 2016’’. 7 TITLE III 8 THE JUDICIARY 9 10 11 SUPREME COURT OF THE UNITED STATES SALARIES AND EXPENSES For expenses necessary for the operation of the Su- 12 preme Court, as required by law, excluding care of the 13 building and grounds, including hire of passenger motor 14 vehicles as authorized by 31 U.S.C. 1343 and 1344; not 15 to exceed $10,000 for official reception and representation 16 expenses; and for miscellaneous expenses, to be expended 17 as the Chief Justice may approve, $75,838,000, of which 18 $2,000,000 shall remain available until expended. 19 In addition, there are appropriated such sums as may 20 be necessary under current law for the salaries of the chief 21 justice and associate justices of the court. 22 23 CARE OF THE BUILDING AND GROUNDS For such expenditures as may be necessary to enable 24 the Architect of the Capitol to carry out the duties im- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 489 1 posed upon the Architect by 40 U.S.C. 6111 and 6112, 2 $9,964,000, to remain available until expended. 3 UNITED STATES COURT OF 4 CIRCUIT 5 SALARIES AND EXPENSES 6 APPEALS FOR THE FEDERAL For salaries of officers and employees, and for nec- 7 essary expenses of the court, as authorized by law, 8 $30,872,000. 9 In addition, there are appropriated such sums as may 10 be necessary under current law for the salaries of the chief 11 judge and judges of the court. 12 UNITED STATES COURT 13 OF INTERNATIONAL TRADE SALARIES AND EXPENSES 14 For salaries of officers and employees of the court, 15 services, and necessary expenses of the court, as author16 ized by law, $18,160,000. 17 In addition, there are appropriated such sums as may 18 be necessary under current law for the salaries of the chief 19 judge and judges of the court. 20 COURTS OF APPEALS, DISTRICT COURTS, 21 JUDICIAL SERVICES 22 SALARIES AND EXPENSES 23 AND OTHER For the salaries of judges of the United States Court 24 of Federal Claims, magistrate judges, and all other offi25 cers and employees of the Federal Judiciary not otherwise December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 490 1 specifically provided for, necessary expenses of the courts, 2 and the purchase, rental, repair, and cleaning of uniforms 3 for Probation and Pretrial Services Office staff, as author4 ized by law, $4,918,969,000 (including the purchase of 5 firearms and ammunition); of which not to exceed 6 $27,817,000 shall remain available until expended for 7 space alteration projects and for furniture and furnishings 8 related to new space alteration and construction projects. 9 In addition, there are appropriated such sums as may 10 be necessary under current law for the salaries of circuit 11 and district judges (including judges of the territorial 12 courts of the United States), bankruptcy judges, and jus13 tices and judges retired from office or from regular active 14 service. 15 In addition, for expenses of the United States Court 16 of Federal Claims associated with processing cases under 17 the National Childhood Vaccine Injury Act of 1986 (Pub18 lic Law 99–660), not to exceed $6,050,000, to be appro19 priated from the Vaccine Injury Compensation Trust 20 Fund. 21 22 DEFENDER SERVICES For the operation of Federal Defender organizations; 23 the compensation and reimbursement of expenses of attor24 neys appointed to represent persons under 18 U.S.C. 25 3006A and 3599, and for the compensation and reim- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 491 1 bursement of expenses of persons furnishing investigative, 2 expert, and other services for such representations as au3 thorized by law; the compensation (in accordance with the 4 maximums under 18 U.S.C. 3006A) and reimbursement 5 of expenses of attorneys appointed to assist the court in 6 criminal cases where the defendant has waived representa7 tion by counsel; the compensation and reimbursement of 8 expenses of attorneys appointed to represent jurors in civil 9 actions for the protection of their employment, as author10 ized by 28 U.S.C. 1875(d)(1); the compensation and reim11 bursement of expenses of attorneys appointed under 18 12 U.S.C. 983(b)(1) in connection with certain judicial civil 13 forfeiture proceedings; the compensation and reimburse14 ment of travel expenses of guardians ad litem appointed 15 under 18 U.S.C. 4100(b); and for necessary training and 16 general administrative expenses, $1,004,949,000, to re17 main available until expended. 18 19 FEES OF JURORS AND COMMISSIONERS For fees and expenses of jurors as authorized by 28 20 U.S.C. 1871 and 1876; compensation of jury commis21 sioners as authorized by 28 U.S.C. 1863; and compensa22 tion of commissioners appointed in condemnation cases 23 pursuant to rule 71.1(h) of the Federal Rules of Civil Pro24 cedure (28 U.S.C. Appendix Rule 71.1(h)), $44,199,000, 25 to remain available until expended: Provided, That the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 492 1 compensation of land commissioners shall not exceed the 2 daily equivalent of the highest rate payable under 5 U.S.C. 3 5332. 4 COURT SECURITY 5 (INCLUDING TRANSFERS OF FUNDS) 6 For necessary expenses, not otherwise provided for, 7 incident to the provision of protective guard services for 8 United States courthouses and other facilities housing 9 Federal court operations, and the procurement, installa10 tion, and maintenance of security systems and equipment 11 for United States courthouses and other facilities housing 12 Federal court operations, including building ingress-egress 13 control, inspection of mail and packages, directed security 14 patrols, perimeter security, basic security services provided 15 by the Federal Protective Service, and other similar activi16 ties as authorized by section 1010 of the Judicial Improve17 ment and Access to Justice Act (Public Law 100–702), 18 $538,196,000, of which not to exceed $15,000,000 shall 19 remain available until expended, to be expended directly 20 or transferred to the United States Marshals Service, 21 which shall be responsible for administering the Judicial 22 Facility Security Program consistent with standards or 23 guidelines agreed to by the Director of the Administrative 24 Office of the United States Courts and the Attorney Gen25 eral. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 493 1 ADMINISTRATIVE OFFICE OF THE UNITED STATES 2 COURTS 3 SALARIES AND EXPENSES 4 For necessary expenses of the Administrative Office 5 of the United States Courts as authorized by law, includ6 ing travel as authorized by 31 U.S.C. 1345, hire of a pas7 senger motor vehicle as authorized by 31 U.S.C. 1343(b), 8 advertising and rent in the District of Columbia and else9 where, $85,665,000, of which not to exceed $8,500 is au10 thorized for official reception and representation expenses. 11 FEDERAL JUDICIAL CENTER 12 SALARIES AND EXPENSES 13 For necessary expenses of the Federal Judicial Cen- 14 ter, as authorized by Public Law 90–219, $27,719,000; 15 of which $1,800,000 shall remain available through Sep16 tember 30, 2017, to provide education and training to 17 Federal court personnel; and of which not to exceed 18 $1,500 is authorized for official reception and representa19 tion expenses. 20 UNITED STATES SENTENCING COMMISSION 21 SALARIES AND EXPENSES 22 For the salaries and expenses necessary to carry out 23 the provisions of chapter 58 of title 28, United States 24 Code, $17,570,000, of which not to exceed $1,000 is au25 thorized for official reception and representation expenses. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 494 1 ADMINISTRATIVE PROVISIONS—THE JUDICIARY 2 (INCLUDING TRANSFER OF FUNDS) 3 SEC. 301. Appropriations and authorizations made in 4 this title which are available for salaries and expenses shall 5 be available for services as authorized by 5 U.S.C. 3109. 6 SEC. 302. Not to exceed 5 percent of any appropria- 7 tion made available for the current fiscal year for the Judi8 ciary in this Act may be transferred between such appro9 priations, but no such appropriation, except ‘‘Courts of 10 Appeals, District Courts, and Other Judicial Services, De11 fender Services’’ and ‘‘Courts of Appeals, District Courts, 12 and Other Judicial Services, Fees of Jurors and Commis13 sioners’’, shall be increased by more than 10 percent by 14 any such transfers: Provided, That any transfer pursuant 15 to this section shall be treated as a reprogramming of 16 funds under sections 604 and 608 of this Act and shall 17 not be available for obligation or expenditure except in 18 compliance with the procedures set forth in section 608. 19 SEC. 303. Notwithstanding any other provision of 20 law, the salaries and expenses appropriation for ‘‘Courts 21 of Appeals, District Courts, and Other Judicial Services’’ 22 shall be available for official reception and representation 23 expenses of the Judicial Conference of the United States: 24 Provided, That such available funds shall not exceed 25 $11,000 and shall be administered by the Director of the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 495 1 Administrative Office of the United States Courts in the 2 capacity as Secretary of the Judicial Conference. 3 SEC. 304. Section 3314(a) of title 40, United States 4 Code, shall be applied by substituting ‘‘Federal’’ for ‘‘exec5 utive’’ each place it appears. 6 SEC. 305. In accordance with 28 U.S.C. 561–569, 7 and notwithstanding any other provision of law, the 8 United States Marshals Service shall provide, for such 9 courthouses as its Director may designate in consultation 10 with the Director of the Administrative Office of the 11 United States Courts, for purposes of a pilot program, the 12 security services that 40 U.S.C. 1315 authorizes the De13 partment of Homeland Security to provide, except for the 14 services specified in 40 U.S.C. 1315(b)(2)(E). For build15 ing-specific security services at these courthouses, the Di16 rector of the Administrative Office of the United States 17 Courts shall reimburse the United States Marshals Service 18 rather than the Department of Homeland Security. 19 SEC. 306. (a) Section 203(c) of the Judicial Improve- 20 ments Act of 1990 (Public Law 101–650; 28 U.S.C. 133 21 note), is amended in the second sentence (relating to the 22 District of Kansas) following paragraph (12), by striking 23 ‘‘24 years and 6 months’’ and inserting ‘‘25 years and 24 6 months’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 496 1 (b) Section 406 of the Transportation, Treasury, 2 Housing and Urban Development, the Judiciary, the Dis3 trict of Columbia, and Independent Agencies Appropria4 tions Act, 2006 (Public Law 109–115; 119 Stat. 2470; 5 28 U.S.C. 133 note) is amended in the second sentence 6 (relating to the eastern District of Missouri) by striking 7 ‘‘22 years and 6 months’’ and inserting ‘‘23 years and 8 6 months’’. 9 (c) Section 312(c)(2) of the 21st Century Depart- 10 ment of Justice Appropriations Authorization Act (Public 11 Law 107–273; 28 U.S.C. 133 note), is amended— 12 13 (1) in the first sentence by striking ‘‘13 years’’ and inserting ‘‘14 years’’; 14 (2) in the second sentence (relating to the cen- 15 tral District of California), by striking ‘‘12 years 16 and 6 months’’ and inserting ‘‘13 years and 6 17 months’’; and 18 (3) in the third sentence (relating to the west- 19 ern district of North Carolina), by striking ‘‘11 20 years’’ and inserting ‘‘12 years’’. 21 SEC. 307. Section 3602(a) of title 18, United States 22 Code, is amended— 23 (1) by inserting after the first sentence: ‘‘A per- 24 son appointed as a probation officer in one district 25 may serve in another district with the consent of the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 497 1 appointing court and the court in the other dis- 2 trict.’’; and 3 (2) by inserting in the last sentence ‘‘appoint- 4 ing’’ before ‘‘court may, for cause’’. 5 This title may be cited as the ‘‘Judiciary Appropria- 6 tions Act, 2016’’. 7 TITLE IV 8 DISTRICT OF COLUMBIA 9 FEDERAL FUNDS 10 FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT 11 For a Federal payment to the District of Columbia, 12 to be deposited into a dedicated account, for a nationwide 13 program to be administered by the Mayor, for District of 14 Columbia resident tuition support, $40,000,000, to remain 15 available until expended: Provided, That such funds, in16 cluding any interest accrued thereon, may be used on be17 half of eligible District of Columbia residents to pay an 18 amount based upon the difference between in-State and 19 out-of-State tuition at public institutions of higher edu20 cation, or to pay up to $2,500 each year at eligible private 21 institutions of higher education: Provided further, That the 22 awarding of such funds may be prioritized on the basis 23 of a resident’s academic merit, the income and need of 24 eligible students and such other factors as may be author25 ized: Provided further, That the District of Columbia gov- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 498 1 ernment shall maintain a dedicated account for the Resi2 dent Tuition Support Program that shall consist of the 3 Federal funds appropriated to the Program in this Act 4 and any subsequent appropriations, any unobligated bal5 ances from prior fiscal years, and any interest earned in 6 this or any fiscal year: Provided further, That the account 7 shall be under the control of the District of Columbia 8 Chief Financial Officer, who shall use those funds solely 9 for the purposes of carrying out the Resident Tuition Sup10 port Program: Provided further, That the Office of the 11 Chief Financial Officer shall provide a quarterly financial 12 report to the Committees on Appropriations of the House 13 of Representatives and the Senate for these funds show14 ing, by object class, the expenditures made and the pur15 pose therefor. 16 FEDERAL PAYMENT FOR EMERGENCY PLANNING AND 17 SECURITY COSTS IN THE DISTRICT OF COLUMBIA 18 For a Federal payment of necessary expenses, as de- 19 termined by the Mayor of the District of Columbia in writ20 ten consultation with the elected county or city officials 21 of surrounding jurisdictions, $13,000,000, to remain 22 available until expended, for the costs of providing public 23 safety at events related to the presence of the National 24 Capital in the District of Columbia, including support re25 quested by the Director of the United States Secret Serv- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 499 1 ice in carrying out protective duties under the direction 2 of the Secretary of Homeland Security, and for the costs 3 of providing support to respond to immediate and specific 4 terrorist threats or attacks in the District of Columbia or 5 surrounding jurisdictions. 6 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA 7 COURTS 8 For salaries and expenses for the District of Colum- 9 bia Courts, $274,401,000 to be allocated as follows: for 10 the District of Columbia Court of Appeals, $14,192,000, 11 of which not to exceed $2,500 is for official reception and 12 representation expenses; for the Superior Court of the 13 District of Columbia, $123,638,000, of which not to ex14 ceed $2,500 is for official reception and representation ex15 penses; for the District of Columbia Court System, 16 $73,981,000, of which not to exceed $2,500 is for official 17 reception and representation expenses; and $62,590,000, 18 to remain available until September 30, 2017, for capital 19 improvements for District of Columbia courthouse facili20 ties: Provided, That funds made available for capital im21 provements shall be expended consistent with the District 22 of Columbia Courts master plan study and facilities condi23 tion assessment: Provided further, That notwithstanding 24 any other provision of law, all amounts under this heading 25 shall be apportioned quarterly by the Office of Manage- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 500 1 ment and Budget and obligated and expended in the same 2 manner as funds appropriated for salaries and expenses 3 of other Federal agencies: Provided further, That 30 days 4 after providing written notice to the Committees on Ap5 propriations of the House of Representatives and the Sen6 ate, the District of Columbia Courts may reallocate not 7 more than $6,000,000 of the funds provided under this 8 heading among the items and entities funded under this 9 heading: Provided further, That the Joint Committee on 10 Judicial Administration in the District of Columbia may, 11 by regulation, establish a program substantially similar to 12 the program set forth in subchapter II of chapter 35 of 13 title 5, United States Code, for employees of the District 14 of Columbia Courts. 15 FEDERAL PAYMENT FOR DEFENDER SERVICES IN 16 DISTRICT OF COLUMBIA COURTS 17 For payments authorized under section 11–2604 and 18 section 11–2605, D.C. Official Code (relating to represen19 tation provided under the District of Columbia Criminal 20 Justice Act), payments for counsel appointed in pro21 ceedings in the Family Court of the Superior Court of the 22 District of Columbia under chapter 23 of title 16, D.C. 23 Official Code, or pursuant to contractual agreements to 24 provide guardian ad litem representation, training, tech25 nical assistance, and such other services as are necessary December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 501 1 to improve the quality of guardian ad litem representation, 2 payments for counsel appointed in adoption proceedings 3 under chapter 3 of title 16, D.C. Official Code, and pay4 ments authorized under section 21–2060, D.C. Official 5 Code (relating to services provided under the District of 6 Columbia Guardianship, Protective Proceedings, and Du7 rable Power of Attorney Act of 1986), $49,890,000, to 8 remain available until expended: Provided, That funds 9 provided under this heading shall be administered by the 10 Joint Committee on Judicial Administration in the Dis11 trict of Columbia: Provided further, That, notwithstanding 12 any other provision of law, this appropriation shall be ap13 portioned quarterly by the Office of Management and 14 Budget and obligated and expended in the same manner 15 as funds appropriated for expenses of other Federal agen16 cies. 17 FEDERAL PAYMENT TO THE COURT SERVICES AND OF- 18 FENDER SUPERVISION AGENCY FOR THE DISTRICT 19 OF COLUMBIA 20 For salaries and expenses, including the transfer and 21 hire of motor vehicles, of the Court Services and Offender 22 Supervision Agency for the District of Columbia, as au23 thorized by the National Capital Revitalization and Self24 Government Improvement Act of 1997, $244,763,000, of 25 which not to exceed $2,000 is for official reception and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 502 1 representation expenses related to Community Supervision 2 and Pretrial Services Agency programs, of which not to 3 exceed $25,000 is for dues and assessments relating to 4 the implementation of the Court Services and Offender 5 Supervision Agency Interstate Supervision Act of 2002; 6 of which $182,406,000 shall be for necessary expenses of 7 Community Supervision and Sex Offender Registration, to 8 include expenses relating to the supervision of adults sub9 ject to protection orders or the provision of services for 10 or related to such persons, of which up to $3,159,000 shall 11 remain available until September 30, 2018, for the reloca12 tion of offender supervision field offices; and of which 13 $62,357,000 shall be available to the Pretrial Services 14 Agency: Provided, That notwithstanding any other provi15 sion of law, all amounts under this heading shall be appor16 tioned quarterly by the Office of Management and Budget 17 and obligated and expended in the same manner as funds 18 appropriated for salaries and expenses of other Federal 19 agencies: Provided further, That amounts under this head20 ing may be used for programmatic incentives for offenders 21 and defendants successfully meeting terms of supervision: 22 Provided further, That the Director is authorized to accept 23 and use gifts in the form of in-kind contributions of the 24 following: space and hospitality to support offender and 25 defendant programs; equipment, supplies, clothing, and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 503 1 professional development and vocational training services 2 and items necessary to sustain, educate, and train offend3 ers and defendants, including their dependent children; 4 and programmatic incentives for offenders and defendants 5 meeting terms of supervision: Provided further, That the 6 Director shall keep accurate and detailed records of the 7 acceptance and use of any gift under the previous proviso, 8 and shall make such records available for audit and public 9 inspection: Provided further, That the Court Services and 10 Offender Supervision Agency Director is authorized to ac11 cept and use reimbursement from the District of Columbia 12 Government for space and services provided on a cost re13 imbursable basis. 14 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA 15 PUBLIC DEFENDER SERVICE 16 For salaries and expenses, including the transfer and 17 hire of motor vehicles, of the District of Columbia Public 18 Defender Service, as authorized by the National Capital 19 Revitalization and Self-Government Improvement Act of 20 1997, $40,889,000: Provided, That notwithstanding any 21 other provision of law, all amounts under this heading 22 shall be apportioned quarterly by the Office of Manage23 ment and Budget and obligated and expended in the same 24 manner as funds appropriated for salaries and expenses 25 of Federal agencies: Provided further, That, notwith- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 504 1 standing section 1342 of title 31, United States Code, and 2 in addition to the authority provided by the District of 3 Columbia Code Section 2–1607(b), upon approval of the 4 Board of Trustees, the District of Columbia Public De5 fender Service may accept and use voluntary and uncom6 pensated services for the purpose of aiding or facilitating 7 the work of the District of Columbia Public Defender 8 Service: Provided further, That, notwithstanding District 9 of Columbia Code section 2–1603(d), for the purpose of 10 any action brought against the Board of the Trustees of 11 the District of Columbia Public Defender Service at any 12 time during fiscal year 2016 or any previous fiscal year, 13 the trustees shall be deemed to be employees of the Public 14 Defender Service. 15 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA 16 WATER AND SEWER AUTHORITY 17 For a Federal payment to the District of Columbia 18 Water and Sewer Authority, $14,000,000, to remain avail19 able until expended, to continue implementation of the 20 Combined Sewer Overflow Long-Term Plan: Provided, 21 That the District of Columbia Water and Sewer Authority 22 provides a 100 percent match for this payment. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 505 1 FEDERAL PAYMENT TO THE CRIMINAL JUSTICE 2 COORDINATING COUNCIL 3 For a Federal payment to the Criminal Justice Co- 4 ordinating Council, $1,900,000, to remain available until 5 expended, to support initiatives related to the coordination 6 of Federal and local criminal justice resources in the Dis7 trict of Columbia. 8 FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS 9 For a Federal payment, to remain available until 10 September 30, 2017, to the Commission on Judicial Dis11 abilities and Tenure, $295,000, and for the Judicial Nomi12 nation Commission, $270,000. 13 FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT 14 For a Federal payment for a school improvement pro- 15 gram in the District of Columbia, $45,000,000, to remain 16 available until expended, for payments authorized under 17 the Scholarship for Opportunity and Results Act (division 18 C of Public Law 112–10): Provided, That, to the extent 19 that funds are available for opportunity scholarships and 20 following the priorities included in section 3006 of such 21 Act, the Secretary of Education shall make scholarships 22 available to students eligible under section 3013(3) of such 23 Act (Public Law 112–10; 125 Stat. 211) including stu24 dents who were not offered a scholarship during any pre25 vious school year: Provided further, That within funds pro- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 506 1 vided for opportunity scholarships $3,200,000 shall be for 2 the activities specified in sections 3007(b) through 3 3007(d) and 3009 of the Act. 4 FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA 5 NATIONAL GUARD 6 For a Federal payment to the District of Columbia 7 National Guard, $435,000, to remain available until ex8 pended for the Major General David F. Wherley, Jr. Dis9 trict of Columbia National Guard Retention and College 10 Access Program. 11 FEDERAL PAYMENT FOR TESTING AND TREATMENT OF 12 HIV/AIDS 13 For a Federal payment to the District of Columbia 14 for the testing of individuals for, and the treatment of in15 dividuals with, human immunodeficiency virus and ac16 quired immunodeficiency syndrome in the District of Co17 lumbia, $5,000,000. 18 19 DISTRICT OF COLUMBIA FUNDS Local funds are appropriated for the District of Co- 20 lumbia for the current fiscal year out of the General Fund 21 of the District of Columbia (‘‘General Fund’’) for pro22 grams and activities set forth under the heading ‘‘District 23 of Columbia Funds Summary of Expenses’’ and at the 24 rate set forth under such heading, as included in the Fis25 cal Year 2016 Budget Request Act of 2015 submitted to December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 507 1 the Congress by the District of Columbia as amended as 2 of the date of enactment of this Act: Provided, That not3 withstanding any other provision of law, except as pro4 vided in section 450A of the District of Columbia Home 5 Rule Act (section 1–204.50a, D.C. Official Code), sections 6 816 and 817 of the Financial Services and General Gov7 ernment Appropriations Act, 2009 (secs. 47–369.01 and 8 47–369.02, D.C. Official Code), and provisions of this Act, 9 the total amount appropriated in this Act for operating 10 expenses for the District of Columbia for fiscal year 2016 11 under this heading shall not exceed the estimates included 12 in the Fiscal Year 2016 Budget Request Act of 2015 sub13 mitted to Congress by the District of Columbia as amend14 ed as of the date of enactment of this Act or the sum 15 of the total revenues of the District of Columbia for such 16 fiscal year: Provided further, That the amount appro17 priated may be increased by proceeds of one-time trans18 actions, which are expended for emergency or unantici19 pated operating or capital needs: Provided further, That 20 such increases shall be approved by enactment of local 21 District law and shall comply with all reserve requirements 22 contained in the District of Columbia Home Rule Act: 23 Provided further, That the Chief Financial Officer of the 24 District of Columbia shall take such steps as are necessary 25 to assure that the District of Columbia meets these re- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 508 1 quirements, including the apportioning by the Chief Fi2 nancial Officer of the appropriations and funds made 3 available to the District during fiscal year 2016, except 4 that the Chief Financial Officer may not reprogram for 5 operating expenses any funds derived from bonds, notes, 6 or other obligations issued for capital projects. 7 This title may be cited as the ‘‘District of Columbia 8 Appropriations Act, 2016’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 509 1 TITLE V 2 INDEPENDENT AGENCIES 3 ADMINISTRATIVE CONFERENCE 4 5 OF THE UNITED STATES SALARIES AND EXPENSES For necessary expenses of the Administrative Con- 6 ference of the United States, authorized by 5 U.S.C. 591 7 et seq., $3,100,000, to remain available until September 8 30, 2017, of which not to exceed $1,000 is for official re9 ception and representation expenses. 10 CONSUMER PRODUCT SAFETY COMMISSION 11 SALARIES AND EXPENSES 12 For necessary expenses of the Consumer Product 13 Safety Commission, including hire of passenger motor ve14 hicles, services as authorized by 5 U.S.C. 3109, but at 15 rates for individuals not to exceed the per diem rate equiv16 alent to the maximum rate payable under 5 U.S.C. 5376, 17 purchase of nominal awards to recognize non-Federal offi18 cials’ contributions to Commission activities, and not to 19 exceed $4,000 for official reception and representation ex20 penses, $125,000,000, of which not less than $1,000,000 21 shall remain available until September 30, 2017, to reduce 22 the costs of third party testing associated with certifi23 cation of children’s products under section 14 of the Con24 sumer Product Safety Act (15 U.S.C. 2063). December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 510 1 ELECTION ASSISTANCE COMMISSION 2 SALARIES AND EXPENSES 3 (INCLUDING TRANSFER OF FUNDS) 4 For necessary expenses to carry out the Help Amer- 5 ica Vote Act of 2002 (Public Law 107–252), $9,600,000, 6 of which $1,500,000 shall be transferred to the National 7 Institute of Standards and Technology for election reform 8 activities authorized under the Help America Vote Act of 9 2002. 10 FEDERAL COMMUNICATIONS COMMISSION 11 SALARIES AND EXPENSES 12 For necessary expenses of the Federal Communica- 13 tions Commission, as authorized by law, including uni14 forms and allowances therefor, as authorized by 5 U.S.C. 15 5901–5902; not to exceed $4,000 for official reception and 16 representation expenses; purchase and hire of motor vehi17 cles; special counsel fees; and services as authorized by 18 5 U.S.C. 3109, $339,844,000, to remain available until 19 expended: Provided, That in addition, $44,168,497 shall 20 be made available until expended for necessary expenses 21 associated with moving to a new facility or reconfiguring 22 the existing space to significantly reduce space consump23 tion: Provided further, That $384,012,497 of offsetting 24 collections shall be assessed and collected pursuant to sec25 tion 9 of title I of the Communications Act of 1934, shall December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 511 1 be retained and used for necessary expenses and shall re2 main available until expended: Provided further, That the 3 sum herein appropriated shall be reduced as such offset4 ting collections are received during fiscal year 2016 so as 5 to result in a final fiscal year 2016 appropriation esti6 mated at $0: Provided further, That any offsetting collec7 tions received in excess of $384,012,497 in fiscal year 8 2016 shall not be available for obligation: Provided further, 9 That remaining offsetting collections from prior years col10 lected in excess of the amount specified for collection in 11 each such year and otherwise becoming available on Octo12 ber 1, 2015, shall not be available for obligation: Provided 13 further, That, notwithstanding 47 U.S.C. 309(j)(8)(B), 14 proceeds from the use of a competitive bidding system that 15 may be retained and made available for obligation shall 16 not exceed $117,000,000 for fiscal year 2016: Provided 17 further, That, of the amount appropriated under this 18 heading, not less than $11,600,000 shall be for the sala19 ries and expenses of the Office of Inspector General. 20 ADMINISTRATIVE PROVISIONS—FEDERAL 21 COMMUNICATIONS COMMISSION 22 SEC. 501. Section 302 of the Universal Service 23 Antideficiency Temporary Suspension Act is amended by 24 striking ‘‘December 31, 2016’’, each place it appears and 25 inserting ‘‘December 31, 2017’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 512 1 SEC. 502. None of the funds appropriated by this Act 2 may be used by the Federal Communications Commission 3 to modify, amend, or change its rules or regulations for 4 universal service support payments to implement the Feb5 ruary 27, 2004 recommendations of the Federal-State 6 Joint Board on Universal Service regarding single connec7 tion or primary line restrictions on universal service sup8 port payments. 9 FEDERAL DEPOSIT INSURANCE CORPORATION 10 11 OFFICE OF THE INSPECTOR GENERAL For necessary expenses of the Office of Inspector 12 General in carrying out the provisions of the Inspector 13 General Act of 1978, $34,568,000, to be derived from the 14 Deposit Insurance Fund or, only when appropriate, the 15 FSLIC Resolution Fund. 16 FEDERAL ELECTION COMMISSION 17 SALARIES AND EXPENSES 18 For necessary expenses to carry out the provisions 19 of the Federal Election Campaign Act of 1971, 20 $76,119,000, of which $5,000,000 shall remain available 21 until September 30, 2017, for lease expiration and re22 placement lease expenses; and of which not to exceed 23 $5,000 shall be available for reception and representation 24 expenses. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 513 1 FEDERAL LABOR RELATIONS AUTHORITY 2 SALARIES AND EXPENSES 3 For necessary expenses to carry out functions of the 4 Federal Labor Relations Authority, pursuant to Reorga5 nization Plan Numbered 2 of 1978, and the Civil Service 6 Reform Act of 1978, including services authorized by 5 7 U.S.C. 3109, and including hire of experts and consult8 ants, hire of passenger motor vehicles, and including offi9 cial reception and representation expenses (not to exceed 10 $1,500) and rental of conference rooms in the District of 11 Columbia and elsewhere, $26,200,000: Provided, That 12 public members of the Federal Service Impasses Panel 13 may be paid travel expenses and per diem in lieu of sub14 sistence as authorized by law (5 U.S.C. 5703) for persons 15 employed intermittently in the Government service, and 16 compensation as authorized by 5 U.S.C. 3109: Provided 17 further, That, notwithstanding 31 U.S.C. 3302, funds re18 ceived from fees charged to non-Federal participants at 19 labor-management relations conferences shall be credited 20 to and merged with this account, to be available without 21 further appropriation for the costs of carrying out these 22 conferences. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 514 1 FEDERAL TRADE COMMISSION 2 SALARIES AND EXPENSES 3 For necessary expenses of the Federal Trade Com- 4 mission, including uniforms or allowances therefor, as au5 thorized by 5 U.S.C. 5901–5902; services as authorized 6 by 5 U.S.C. 3109; hire of passenger motor vehicles; and 7 not to exceed $2,000 for official reception and representa8 tion expenses, $306,900,000, to remain available until ex9 pended: Provided, That not to exceed $300,000 shall be 10 available for use to contract with a person or persons for 11 collection services in accordance with the terms of 31 12 U.S.C. 3718: Provided further, That, notwithstanding any 13 other provision of law, not to exceed $124,000,000 of off14 setting collections derived from fees collected for 15 premerger notification filings under the Hart-Scott-Ro16 dino Antitrust Improvements Act of 1976 (15 U.S.C. 17 18a), regardless of the year of collection, shall be retained 18 and used for necessary expenses in this appropriation: 19 Provided further, That, notwithstanding any other provi20 sion of law, not to exceed $14,000,000 in offsetting collec21 tions derived from fees sufficient to implement and enforce 22 the Telemarketing Sales Rule, promulgated under the 23 Telemarketing and Consumer Fraud and Abuse Preven24 tion Act (15 U.S.C. 6101 et seq.), shall be credited to this 25 account, and be retained and used for necessary expenses December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 515 1 in this appropriation: Provided further, That the sum here2 in appropriated from the general fund shall be reduced 3 as such offsetting collections are received during fiscal 4 year 2016, so as to result in a final fiscal year 2016 appro5 priation from the general fund estimated at not more than 6 $168,900,000: Provided further, That none of the funds 7 made available to the Federal Trade Commission may be 8 used to implement subsection (e)(2)(B) of section 43 of 9 the Federal Deposit Insurance Act (12 U.S.C. 1831t). 10 GENERAL SERVICES ADMINISTRATION 11 REAL PROPERTY ACTIVITIES 12 FEDERAL BUILDINGS FUND 13 LIMITATIONS ON AVAILABILITY OF REVENUE 14 (INCLUDING TRANSFERS OF FUNDS) 15 Amounts in the Fund, including revenues and collec- 16 tions deposited into the Fund, shall be available for nec17 essary expenses of real property management and related 18 activities not otherwise provided for, including operation, 19 maintenance, and protection of federally owned and leased 20 buildings; rental of buildings in the District of Columbia; 21 restoration of leased premises; moving governmental agen22 cies (including space adjustments and telecommunications 23 relocation expenses) in connection with the assignment, al24 location, and transfer of space; contractual services inci25 dent to cleaning or servicing buildings, and moving; repair December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 516 1 and alteration of federally owned buildings, including 2 grounds, approaches, and appurtenances; care and safe3 guarding of sites; maintenance, preservation, demolition, 4 and equipment; acquisition of buildings and sites by pur5 chase, condemnation, or as otherwise authorized by law; 6 acquisition of options to purchase buildings and sites; con7 version and extension of federally owned buildings; pre8 liminary planning and design of projects by contract or 9 otherwise; construction of new buildings (including equip10 ment for such buildings); and payment of principal, inter11 est, and any other obligations for public buildings acquired 12 by installment purchase and purchase contract; in the ag13 gregate amount of $10,196,124,000, of which— 14 (1) $1,607,738,000 shall remain available until 15 expended for construction and acquisition (including 16 funds for sites and expenses, and associated design 17 and construction services) as follows: 18 19 20 21 22 23 (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; 24 (D) $947,760,000 shall be for new con- 25 struction projects of the Federal Judiciary as December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 517 1 prioritized in the ‘‘Federal Judiciary Court- 2 house Project Priorities’’ plan approved by the 3 Judicial Conference of the United States on 4 September 17, 2015, and submitted to the 5 House and Senate Committees on Appropria- 6 tions on September 28, 2015; 7 (E) $52,733,000 shall be for new construc- 8 tion and acquisition projects that are joint 9 United States courthouses and Federal build- 10 ings, including U.S. Post Offices, on the 11 ‘‘FY2015–FY2019 Five-Year Capital Invest- 12 ment Plan’’ submitted by the General Services 13 Administration to the House and Senate Com- 14 mittees on Appropriations with the agency’s fis- 15 cal year 2016 Congressional Justification; and 16 (F) $75,000,000 shall be for construction 17 management and oversight activities, and other 18 project support costs, for the FBI Head- 19 quarters Consolidation: 20 Provided, That each of the foregoing limits of costs 21 on new construction and acquisition projects may be 22 exceeded to the extent that savings are effected in 23 other such projects, but not to exceed 10 percent of 24 the amounts included in a transmitted prospectus, if 25 required, unless advance approval is obtained from December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 518 1 the Committees on Appropriations of a greater 2 amount; 3 (2) $735,331,000 shall remain available until 4 expended for repairs and alterations, including asso- 5 ciated design and construction services, of which— 6 (A) $310,331,000 is for Major Repairs and 7 8 9 10 11 12 13 14 15 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; 16 (iii) $10,000,000 is for Energy and 17 Water Retrofit and Conservation Meas- 18 ures; and 19 (iv) $75,000,000 is for Consolidation 20 Activities: Provided, That consolidation 21 projects result in reduced annual rent paid 22 by the tenant agency: Provided further, 23 That 24 $20,000,000 in costs: Provided further, 25 That consolidation projects are approved December 16, 2015 (1:04 a.m.) no consolidation project exceed U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 519 1 by each of the committees specified in sec- 2 tion 3307(a) of title 40, United States 3 Code: Provided further, That preference is 4 given to consolidation projects that achieve 5 a utilization rate of 130 usable square feet 6 or less per person for office space: Pro- 7 vided further, That the obligation of funds 8 under this paragraph for consolidation ac- 9 tivities may not be made until 10 days 10 after a proposed spending plan and expla- 11 nation for each project to be undertaken, 12 including estimated savings, has been sub- 13 mitted to the Committees on Appropria- 14 tions of the House of Representatives and 15 the Senate: 16 Provided, That funds made available in this or any 17 previous Act in the Federal Buildings Fund for Re- 18 pairs and Alterations shall, for prospectus projects, 19 be limited to the amount identified for each project, 20 except each project in this or any previous Act may 21 be increased by an amount not to exceed 10 percent 22 unless advance approval is obtained from the Com- 23 mittees on Appropriations of a greater amount: Pro- 24 vided further, That additional projects for which 25 prospectuses have been fully approved may be fund- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 520 1 ed under this category only if advance approval is 2 obtained from the Committees on Appropriations: 3 Provided further, That the amounts provided in this 4 or any prior Act for ‘‘Repairs and Alterations’’ may 5 be used to fund costs associated with implementing 6 security improvements to buildings necessary to 7 meet the minimum standards for security in accord- 8 ance with current law and in compliance with the re- 9 programming guidelines of the appropriate Commit- 10 tees of the House and Senate: Provided further, That 11 the difference between the funds appropriated and 12 expended on any projects in this or any prior Act, 13 under the heading ‘‘Repairs and Alterations’’, may 14 be transferred to Basic Repairs and Alterations or 15 used to fund authorized increases in prospectus 16 projects: Provided further, That the amount provided 17 in this or any prior Act for Basic Repairs and Alter- 18 ations may be used to pay claims against the Gov- 19 ernment arising from any projects under the heading 20 ‘‘Repairs and Alterations’’ or used to fund author- 21 ized increases in prospectus projects; 22 23 24 25 December 16, 2015 (1:04 a.m.) (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 U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 521 1 $1,137,000,000 2 $1,137,000,000 is for salaries and expenses: Pro- 3 vided further, That not to exceed 5 percent of any 4 appropriation made available under this paragraph 5 for building operations may be transferred between 6 and merged with such appropriations upon notifica- 7 tion to the Committees on Appropriations of the 8 House of Representatives and the Senate, but no 9 such appropriation shall be increased by more than 10 5 percent by any such transfers: Provided further, 11 That section 508 of this title shall not apply with re- 12 spect to funds made available under this heading for 13 building operations: Provided further, That the total 14 amount of funds made available from this Fund to 15 the General Services Administration shall not be 16 available for expenses of any construction, repair, al- 17 teration and acquisition project for which a pro- 18 spectus, if required by 40 U.S.C. 3307(a), has not 19 been approved, except that necessary funds may be 20 expended for each project for required expenses for 21 the development of a proposed prospectus: Provided 22 further, That funds available in the Federal Build- 23 ings Fund may be expended for emergency repairs 24 when advance approval is obtained from the Com- 25 mittees on Appropriations: Provided further, That December 16, 2015 (1:04 a.m.) is for building services, and U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 522 1 amounts necessary to provide reimbursable special 2 services to other agencies under 40 U.S.C. 592(b)(2) 3 and amounts to provide such reimbursable fencing, 4 lighting, guard booths, and other facilities on private 5 or other property not in Government ownership or 6 control as may be appropriate to enable the United 7 States Secret Service to perform its protective func- 8 tions pursuant to 18 U.S.C. 3056, shall be available 9 from such revenues and collections: Provided further, 10 That revenues and collections and any other sums 11 accruing to this Fund during fiscal year 2016, ex- 12 cluding reimbursements under 40 U.S.C. 592(b)(2), 13 in excess of the aggregate new obligational authority 14 authorized for Real Property Activities of the Fed- 15 eral Buildings Fund in this Act shall remain in the 16 Fund and shall not be available for expenditure ex- 17 cept as authorized in appropriations Acts. 18 GENERAL ACTIVITIES 19 GOVERNMENT-WIDE POLICY 20 For expenses authorized by law, not otherwise pro- 21 vided for, for Government-wide policy and evaluation ac22 tivities associated with the management of real and per23 sonal property assets and certain administrative services; 24 Government-wide policy support responsibilities relating to 25 acquisition, travel, motor vehicles, information technology December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 523 1 management, and related technology activities; and serv2 ices as authorized by 5 U.S.C. 3109; $58,000,000. 3 OPERATING EXPENSES 4 (INCLUDING TRANSFER OF FUNDS) 5 For expenses authorized by law, not otherwise pro- 6 vided for, for Government-wide activities associated with 7 utilization and donation of surplus personal property; dis8 posal of real property; agency-wide policy direction, man9 agement, and communications; the Civilian Board of Con10 tract Appeals; and services as authorized by 5 U.S.C. 11 3109; $58,560,000, of which $25,979,000 is for Real and 12 Personal Property Management and Disposal; 13 $23,397,000 is for the Office of the Administrator, of 14 which not to exceed $7,500 is for official reception and 15 representation expenses; and $9,184,000 is for the Civil16 ian Board of Contract Appeals: Provided, That not to ex17 ceed 5 percent of the appropriation made available under 18 this heading for Office of the Administrator may be trans19 ferred to the appropriation for the Real and Personal 20 Property Management and Disposal upon notification to 21 the Committees on Appropriations of the House of Rep22 resentatives and the Senate, but the appropriation for the 23 Real and Personal Property Management and Disposal 24 may not be increased by more than 5 percent by any such 25 transfer. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 524 1 2 OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector 3 General and service authorized by 5 U.S.C. 3109, 4 $65,000,000, of which $2,000,000 is available until ex5 pended: Provided, That not to exceed $50,000 shall be 6 available for payment for information and detection of 7 fraud against the Government, including payment for re8 covery of stolen Government property: Provided further, 9 That not to exceed $2,500 shall be available for awards 10 to employees of other Federal agencies and private citizens 11 in recognition of efforts and initiatives resulting in en12 hanced Office of Inspector General effectiveness. 13 ALLOWANCES AND OFFICE STAFF FOR FORMER 14 PRESIDENTS 15 For carrying out the provisions of the Act of August 16 25, 1958 (3 U.S.C. 102 note), and Public Law 95–138, 17 $3,277,000. 18 PRE-ELECTION PRESIDENTIAL TRANSITION 19 (INCLUDING TRANSFER OF FUNDS) 20 For activities authorized by the Pre-Election Presi- 21 dential Transition Act of 2010 (Public Law 111–283), not 22 to exceed $13,278,000, to remain available until Sep23 tember 30, 2017: Provided, That such amounts may be 24 transferred and credited to ‘‘Acquisition Services Fund’’ 25 or ‘‘Federal Buildings Fund’’ to reimburse obligations in- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 525 1 curred for the purposes provided herein in fiscal year 2015 2 and 2016: Provided further, That amounts made available 3 under this heading shall be in addition to any other 4 amounts available for such purposes. 5 FEDERAL CITIZEN SERVICES FUND 6 (INCLUDING TRANSFERS OF FUNDS) 7 For necessary expenses of the Office of Citizen Serv- 8 ices and Innovative Technologies, including services au9 thorized by 40 U.S.C. 323 and 44 U.S.C. 3604; and for 10 necessary expenses in support of interagency projects that 11 enable the Federal Government to enhance its ability to 12 conduct activities electronically, through the development 13 and implementation of innovative uses of information 14 technology; $55,894,000, to be deposited into the Federal 15 Citizen Services Fund: Provided, That the previous 16 amount may be transferred to Federal agencies to carry 17 out the purpose of the Federal Citizen Services Fund: Pro18 vided further, That the appropriations, revenues, reim19 bursements, and collections deposited into the Fund shall 20 be available until expended for necessary expenses of Fed21 eral Citizen Services and other activities that enable the 22 Federal Government to enhance its ability to conduct ac23 tivities electronically in the aggregate amount not to ex24 ceed $90,000,000: Provided further, That appropriations, 25 revenues, reimbursements, and collections accruing to this December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 526 1 Fund during fiscal year 2016 in excess of such amount 2 shall remain in the Fund and shall not be available for 3 expenditure except as authorized in appropriations Acts: 4 Provided further, That any appropriations provided to the 5 Electronic Government Fund that remain unobligated 6 may be transferred to the Federal Citizen Services Fund: 7 Provided further, That the transfer authorities provided 8 herein shall be in addition to any other transfer authority 9 provided in this Act. 10 ADMINISTRATIVE PROVISIONS—GENERAL SERVICES 11 ADMINISTRATION 12 (INCLUDING TRANSFER OF FUNDS) 13 SEC. 510. Funds available to the General Services 14 Administration shall be available for the hire of passenger 15 motor vehicles. 16 SEC. 511. Funds in the Federal Buildings Fund 17 made available for fiscal year 2016 for Federal Buildings 18 Fund activities may be transferred between such activities 19 only to the extent necessary to meet program require20 ments: Provided, That any proposed transfers shall be ap21 proved in advance by the Committees on Appropriations 22 of the House of Representatives and the Senate. 23 SEC. 512. Except as otherwise provided in this title, 24 funds made available by this Act shall be used to transmit 25 a fiscal year 2017 request for United States Courthouse December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 527 1 construction only if the request: (1) meets the design guide 2 standards for construction as established and approved by 3 the General Services Administration, the Judicial Con4 ference of the United States, and the Office of Manage5 ment and Budget; (2) reflects the priorities of the Judicial 6 Conference of the United States as set out in its approved 7 5-year construction plan; and (3) includes a standardized 8 courtroom utilization study of each facility to be con9 structed, replaced, or expanded. 10 SEC. 513. None of the funds provided in this Act may 11 be used to increase the amount of occupiable square feet, 12 provide cleaning services, security enhancements, or any 13 other service usually provided through the Federal Build14 ings Fund, to any agency that does not pay the rate per 15 square foot assessment for space and services as deter16 mined by the General Services Administration in consider17 ation of the Public Buildings Amendments Act of 1972 18 (Public Law 92–313). 19 SEC. 514. From funds made available under the 20 heading Federal Buildings Fund, Limitations on Avail21 ability of Revenue, claims against the Government of less 22 than $250,000 arising from direct construction projects 23 and acquisition of buildings may be liquidated from sav24 ings effected in other construction projects with prior noti- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 528 1 fication to the Committees on Appropriations of the House 2 of Representatives and the Senate. 3 SEC. 515. In any case in which the Committee on 4 Transportation and Infrastructure of the House of Rep5 resentatives and the Committee on Environment and Pub6 lic Works of the Senate adopt a resolution granting lease 7 authority pursuant to a prospectus transmitted to Con8 gress by the Administrator of the General Services Admin9 istration under 40 U.S.C. 3307, the Administrator shall 10 ensure that the delineated area of procurement is identical 11 to the delineated area included in the prospectus for all 12 lease agreements, except that, if the Administrator deter13 mines that the delineated area of the procurement should 14 not be identical to the delineated area included in the pro15 spectus, the Administrator shall provide an explanatory 16 statement to each of such committees and the Committees 17 on Appropriations of the House of Representatives and the 18 Senate prior to exercising any lease authority provided in 19 the resolution. 20 SEC. 516. With respect to each project funded under 21 the heading ‘‘Major Repairs and Alterations’’ or ‘‘Judici22 ary Capital Security Program’’, and with respect to E23 Government projects funded under the heading ‘‘Federal 24 Citizen Services Fund’’, the Administrator of General 25 Services shall submit a spending plan and explanation for December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 529 1 each project to be undertaken to the Committees on Ap2 propriations of the House of Representatives and the Sen3 ate not later than 60 days after the date of enactment 4 of this Act. 5 SEC. 517. With respect to each project funded under 6 the heading of ‘‘new construction projects of the Federal 7 Judiciary’’, the General Services Administration, in con8 sultation with the Administrative Office of the United 9 States Courts, shall submit a spending plan and descrip10 tion for each project to be undertaken to the Committees 11 on Appropriations of the House of Representatives and the 12 Senate not later than 120 days after the date of enactment 13 of this Act. 14 SEC. 518. With respect to each project funded under 15 the heading of ‘‘joint United States courthouses and Fed16 eral buildings, including U.S. Post Offices’’, the General 17 Services Administration shall submit a spending plan and 18 explanation for the projects to be undertaken to the Com19 mittees on Appropriations of the House of Representatives 20 and the Senate not later than 60 days after the date of 21 enactment of this Act. 22 HARRY S TRUMAN SCHOLARSHIP FOUNDATION 23 SALARIES AND EXPENSES 24 For payment to the Harry S Truman Scholarship 25 Foundation Trust Fund, established by section 10 of Pub- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 530 1 lic Law 93–642, $1,000,000, to remain available until ex2 pended. 3 MERIT SYSTEMS PROTECTION BOARD 4 SALARIES AND EXPENSES 5 (INCLUDING TRANSFER OF FUNDS) 6 For necessary expenses to carry out functions of the 7 Merit Systems Protection Board pursuant to Reorganiza8 tion Plan Numbered 2 of 1978, the Civil Service Reform 9 Act of 1978, and the Whistleblower Protection Act of 10 1989 (5 U.S.C. 5509 note), including services as author11 ized by 5 U.S.C. 3109, rental of conference rooms in the 12 District of Columbia and elsewhere, hire of passenger 13 motor vehicles, direct procurement of survey printing, and 14 not to exceed $2,000 for official reception and representa15 tion expenses, $44,490,000, to remain available until Sep16 tember 30, 2017, and in addition not to exceed 17 $2,345,000, to remain available until September 30, 2017, 18 for administrative expenses to adjudicate retirement ap19 peals to be transferred from the Civil Service Retirement 20 and Disability Fund in amounts determined by the Merit 21 Systems Protection Board. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 531 1 MORRIS K. UDALL AND STEWART L. UDALL 2 FOUNDATION 3 MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND 4 (INCLUDING TRANSFER OF FUNDS) 5 For payment to the Morris K. Udall and Stewart L. 6 Udall Trust Fund, pursuant to the Morris K. Udall and 7 Stewart L. Udall Foundation Act (20 U.S.C. 5601 et 8 seq.), $1,995,000, to remain available until expended, of 9 which, notwithstanding sections 8 and 9 of such Act: (1) 10 up to $50,000 shall be used to conduct financial audits 11 pursuant to the Accountability of Tax Dollars Act of 2002 12 (Public Law 107–289); and (2) up to $1,000,000 shall 13 be available to carry out the activities authorized by sec14 tion 6(7) of Public Law 102–259 and section 817(a) of 15 Public Law 106–568 (20 U.S.C. 5604(7)): Provided, That 16 of the total amount made available under this heading 17 $200,000 shall be transferred to the Office of Inspector 18 General of the Department of the Interior, to remain 19 available until expended, for audits and investigations of 20 the Morris K. Udall and Stewart L. Udall Foundation, 21 consistent with the Inspector General Act of 1978 (5 22 U.S.C. App.). 23 24 ENVIRONMENTAL DISPUTE RESOLUTION FUND For payment to the Environmental Dispute Resolu- 25 tion Fund to carry out activities authorized in the Envi- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 532 1 ronmental Policy and Conflict Resolution Act of 1998, 2 $3,400,000, to remain available until expended. 3 NATIONAL ARCHIVES 4 5 AND RECORDS ADMINISTRATION OPERATING EXPENSES For necessary expenses in connection with the admin- 6 istration of the National Archives and Records Adminis7 tration and archived Federal records and related activities, 8 as provided by law, and for expenses necessary for the re9 view and declassification of documents, the activities of 10 the Public Interest Declassification Board, the operations 11 and maintenance of the electronic records archives, the 12 hire of passenger motor vehicles, and for uniforms or al13 lowances therefor, as authorized by law (5 U.S.C. 5901), 14 including maintenance, repairs, and cleaning, 15 $372,393,000. 16 17 OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector 18 General in carrying out the provisions of the Inspector 19 General Reform Act of 2008, Public Law 110–409, 122 20 Stat. 4302–16 (2008), and the Inspector General Act of 21 1978 (5 U.S.C. App.), and for the hire of passenger motor 22 vehicles, $4,180,000. 23 24 REPAIRS AND RESTORATION For the repair, alteration, and improvement of ar- 25 chives facilities, and to provide adequate storage for hold- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 533 1 ings, $7,500,000, to remain available until expended: Pro2 vided, That from amounts made available under this head3 ing in Public Laws 111–8 and 111–117 for necessary ex4 penses related to the repair and renovation of the Franklin 5 D. Roosevelt Presidential Library and Museum in Hyde 6 Park, New York, the remaining unobligated balances shall 7 be available to implement the National Archives and 8 Records Administration Capital Improvement Plan. 9 NATIONAL HISTORICAL PUBLICATIONS AND RECORDS 10 COMMISSION 11 GRANTS PROGRAM 12 For necessary expenses for allocations and grants for 13 historical publications and records as authorized by 44 14 U.S.C. 2504, $5,000,000, to remain available until ex15 pended. 16 NATIONAL CREDIT UNION ADMINISTRATION 17 COMMUNITY DEVELOPMENT REVOLVING LOAN FUND 18 For the Community Development Revolving Loan 19 Fund program as authorized by 42 U.S.C. 9812, 9822 20 and 9910, $2,000,000 shall be available until September 21 30, 2017, for technical assistance to low-income des22 ignated credit unions. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 534 1 2 3 OFFICE OF GOVERNMENT ETHICS SALARIES AND EXPENSES For necessary expenses to carry out functions of the 4 Office of Government Ethics pursuant to the Ethics in 5 Government Act of 1978, the Ethics Reform Act of 1989, 6 and the Stop Trading on Congressional Knowledge Act of 7 2012, including services as authorized by 5 U.S.C. 3109, 8 rental of conference rooms in the District of Columbia and 9 elsewhere, hire of passenger motor vehicles, and not to ex10 ceed $1,500 for official reception and representation ex11 penses, $15,742,000. 12 OFFICE OF PERSONNEL MANAGEMENT 13 SALARIES AND EXPENSES 14 (INCLUDING TRANSFER OF TRUST FUNDS) 15 For necessary expenses to carry out functions of the 16 Office of Personnel Management (OPM) pursuant to Re17 organization Plan Numbered 2 of 1978 and the Civil Serv18 ice Reform Act of 1978, including services as authorized 19 by 5 U.S.C. 3109; medical examinations performed for 20 veterans by private physicians on a fee basis; rental of con21 ference rooms in the District of Columbia and elsewhere; 22 hire of passenger motor vehicles; not to exceed $2,500 for 23 official reception and representation expenses; advances 24 for reimbursements to applicable funds of OPM and the 25 Federal Bureau of Investigation for expenses incurred December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 535 1 under Executive Order No. 10422 of January 9, 1953, 2 as amended; and payment of per diem and/or subsistence 3 allowances to employees where Voting Rights Act activities 4 require an employee to remain overnight at his or her post 5 of duty, $120,688,000, of which $2,500,000 shall remain 6 available until expended for Federal investigations en7 hancements, and of which $616,000 may be for strength8 ening the capacity and capabilities of the acquisition work9 force (as defined by the Office of Federal Procurement 10 Policy Act, as amended (41 U.S.C. 4001 et seq.)), includ11 ing the recruitment, hiring, training, and retention of such 12 workforce and information technology in support of acqui13 sition workforce effectiveness or for management solutions 14 to improve acquisition management; and in addition 15 $124,550,000 for administrative expenses, to be trans16 ferred from the appropriate trust funds of OPM without 17 regard to other statutes, including direct procurement of 18 printed materials, for the retirement and insurance pro19 grams: Provided, That the provisions of this appropriation 20 shall not affect the authority to use applicable trust funds 21 as provided by sections 8348(a)(1)(B), 8958(f)(2)(A), 22 8988(f)(2)(A), and 9004(f)(2)(A) of title 5, United States 23 Code: Provided further, That no part of this appropriation 24 shall be available for salaries and expenses of the Legal 25 Examining Unit of OPM established pursuant to Execu- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 536 1 tive Order No. 9358 of July 1, 1943, or any successor 2 unit of like purpose: Provided further, That the President’s 3 Commission on White House Fellows, established by Exec4 utive Order No. 11183 of October 3, 1964, may, during 5 fiscal year 2016, accept donations of money, property, and 6 personal services: Provided further, That such donations, 7 including those from prior years, may be used for the de8 velopment of publicity materials to provide information 9 about the White House Fellows, except that no such dona10 tions shall be accepted for travel or reimbursement of trav11 el expenses, or for the salaries of employees of such Com12 mission. 13 OFFICE OF INSPECTOR GENERAL 14 SALARIES AND EXPENSES 15 (INCLUDING TRANSFER OF TRUST FUNDS) 16 For necessary expenses of the Office of Inspector 17 General in carrying out the provisions of the Inspector 18 General Act of 1978, including services as authorized by 19 5 U.S.C. 3109, hire of passenger motor vehicles, 20 $4,365,000, and in addition, not to exceed $22,479,000 21 for administrative expenses to audit, investigate, and pro22 vide other oversight of the Office of Personnel Manage23 ment’s retirement and insurance programs, to be trans24 ferred from the appropriate trust funds of the Office of 25 Personnel Management, as determined by the Inspector December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 537 1 General: Provided, That the Inspector General is author2 ized to rent conference rooms in the District of Columbia 3 and elsewhere. 4 5 6 OFFICE OF SPECIAL COUNSEL SALARIES AND EXPENSES For necessary expenses to carry out functions of the 7 Office of Special Counsel pursuant to Reorganization Plan 8 Numbered 2 of 1978, the Civil Service Reform Act of 9 1978 (Public Law 95–454), the Whistleblower Protection 10 Act of 1989 (Public Law 101–12) as amended by Public 11 Law 107–304, the Whistleblower Protection Enhancement 12 Act of 2012 (Public Law 112–199), and the Uniformed 13 Services Employment and Reemployment Rights Act of 14 1994 (Public Law 103–353), including services as author15 ized by 5 U.S.C. 3109, payment of fees and expenses for 16 witnesses, rental of conference rooms in the District of Co17 lumbia and elsewhere, and hire of passenger motor vehi18 cles; $24,119,000. 19 POSTAL REGULATORY COMMISSION 20 SALARIES AND EXPENSES 21 (INCLUDING TRANSFER OF FUNDS) 22 For necessary expenses of the Postal Regulatory 23 Commission in carrying out the provisions of the Postal 24 Accountability and Enhancement Act (Public Law 109– 25 435), $15,200,000, to be derived by transfer from the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 538 1 Postal Service Fund and expended as authorized by sec2 tion 603(a) of such Act. 3 PRIVACY 4 5 AND CIVIL LIBERTIES OVERSIGHT BOARD SALARIES AND EXPENSES For necessary expenses of the Privacy and Civil Lib- 6 erties Oversight Board, as authorized by section 1061 of 7 the Intelligence Reform and Terrorism Prevention Act of 8 2004 (42 U.S.C. 2000ee), $21,297,000, to remain avail9 able until September 30, 2017. 10 11 12 SECURITIES AND EXCHANGE COMMISSION SALARIES AND EXPENSES For necessary expenses for the Securities and Ex- 13 change Commission, including services as authorized by 14 5 U.S.C. 3109, the rental of space (to include multiple 15 year leases) in the District of Columbia and elsewhere, and 16 not to exceed $3,500 for official reception and representa17 tion expenses, $1,605,000,000, to remain available until 18 expended; of which not less than $11,315,971 shall be for 19 the Office of Inspector General; of which not to exceed 20 $75,000 shall be available for a permanent secretariat for 21 the International Organization of Securities Commissions; 22 of which not to exceed $100,000 shall be available for ex23 penses for consultations and meetings hosted by the Com24 mission with foreign governmental and other regulatory 25 officials, members of their delegations and staffs to ex- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 539 1 change views concerning securities matters, such expenses 2 to include necessary logistic and administrative expenses 3 and the expenses of Commission staff and foreign invitees 4 in attendance including: (1) incidental expenses such as 5 meals; (2) travel and transportation; and (3) related lodg6 ing or subsistence; and of which not less than $68,223,000 7 shall be for the Division of Economic and Risk Analysis: 8 Provided, That fees and charges authorized by section 31 9 of the Securities Exchange Act of 1934 (15 U.S.C. 78ee) 10 shall be credited to this account as offsetting collections: 11 Provided further, That not to exceed $1,605,000,000 of 12 such offsetting collections shall be available until expended 13 for necessary expenses of this account: Provided further, 14 That the total amount appropriated under this heading 15 from the general fund for fiscal year 2016 shall be reduced 16 as such offsetting fees are received so as to result in a 17 final total fiscal year 2016 appropriation from the general 18 fund estimated at not more than $0. 19 SELECTIVE SERVICE SYSTEM 20 SALARIES AND EXPENSES 21 For necessary expenses of the Selective Service Sys- 22 tem, including expenses of attendance at meetings and of 23 training for uniformed personnel assigned to the Selective 24 Service System, as authorized by 5 U.S.C. 4101–4118 for 25 civilian employees; hire of passenger motor vehicles; serv- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 540 1 ices as authorized by 5 U.S.C. 3109; and not to exceed 2 $750 for official reception and representation expenses; 3 $22,703,000: Provided, That during the current fiscal 4 year, the President may exempt this appropriation from 5 the provisions of 31 U.S.C. 1341, whenever the President 6 deems such action to be necessary in the interest of na7 tional defense: Provided further, That none of the funds 8 appropriated by this Act may be expended for or in con9 nection with the induction of any person into the Armed 10 Forces of the United States. 11 SMALL BUSINESS ADMINISTRATION 12 SALARIES AND EXPENSES 13 For necessary expenses, not otherwise provided for, 14 of the Small Business Administration, including hire of 15 passenger motor vehicles as authorized by sections 1343 16 and 1344 of title 31, United States Code, and not to ex17 ceed $3,500 for official reception and representation ex18 penses, $268,000,000, of which not less than $12,000,000 19 shall be available for examinations, reviews, and other 20 lender oversight activities: Provided, That the Adminis21 trator is authorized to charge fees to cover the cost of pub22 lications developed by the Small Business Administration, 23 and certain loan program activities, including fees author24 ized by section 5(b) of the Small Business Act: Provided 25 further, That, notwithstanding 31 U.S.C. 3302, revenues December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 541 1 received from all such activities shall be credited to this 2 account, to remain available until expended, for carrying 3 out these purposes without further appropriations: Pro4 vided further, That the Small Business Administration 5 may accept gifts in an amount not to exceed $4,000,000 6 and may co-sponsor activities, each in accordance with sec7 tion 132(a) of division K of Public Law 108–447, during 8 fiscal year 2016: Provided further, That $6,100,000 shall 9 be available for the Loan Modernization and Accounting 10 System, to be available until September 30, 2017: Pro11 vided further, That $3,000,000 shall be for the Federal 12 and State Technology Partnership Program under section 13 34 of the Small Business Act (15 U.S.C. 657d). 14 15 ENTREPRENEURIAL DEVELOPMENT PROGRAMS For necessary expenses of programs supporting en- 16 trepreneurial and small business development, 17 $231,100,000, to remain available until September 30, 18 2017: Provided, That $117,000,000 shall be available to 19 fund grants for performance in fiscal year 2016 or fiscal 20 year 2017 as authorized by section 21 of the Small Busi21 ness Act: Provided further, That $25,000,000 shall be for 22 marketing, management, and technical assistance under 23 section 7(m) of the Small Business Act (15 U.S.C. 24 636(m)(4)) by intermediaries that make microloans under 25 the December 16, 2015 (1:04 a.m.) microloan program: Provided further, That U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 542 1 $18,000,000 shall be available for grants to States to 2 carry out export programs that assist small business con3 cerns authorized under section 1207 of Public Law 111– 4 240. 5 6 OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector 7 General in carrying out the provisions of the Inspector 8 General Act of 1978, $19,900,000. 9 10 OFFICE OF ADVOCACY For necessary expenses of the Office of Advocacy in 11 carrying out the provisions of title II of Public Law 94– 12 305 (15 U.S.C. 634a et seq.) and the Regulatory Flexi13 bility Act of 1980 (5 U.S.C. 601 et seq.), $9,120,000, to 14 remain available until expended. 15 BUSINESS LOANS PROGRAM ACCOUNT 16 (INCLUDING TRANSFER OF FUNDS) 17 For the cost of direct loans, $3,338,172, to remain 18 available until expended: Provided, That such costs, in19 cluding the cost of modifying such loans, shall be as de20 fined in section 502 of the Congressional Budget Act of 21 1974: Provided further, That subject to section 502 of the 22 Congressional Budget Act of 1974, during fiscal year 23 2016 commitments to guarantee loans under section 503 24 of the Small Business Investment Act of 1958 shall not 25 exceed $7,500,000,000: Provided further, That during fis- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 543 1 cal year 2016 commitments for general business loans au2 thorized under section 7(a) of the Small Business Act 3 shall not exceed $26,500,000,000 for a combination of 4 amortizing term loans and the aggregated maximum line 5 of credit provided by revolving loans: Provided further, 6 That during fiscal year 2016 commitments for loans au7 thorized under subparagraph (C) of section 502(7) of The 8 Small Business Investment Act of 1958 (15 U.S.C. 9 696(7)) shall not exceed $7,500,000,000: Provided further, 10 That during fiscal year 2016 commitments to guarantee 11 loans for debentures under section 303(b) of the Small 12 Business Investment Act of 1958 shall not exceed 13 $4,000,000,000: Provided further, That during fiscal year 14 2016, guarantees of trust certificates authorized by sec15 tion 5(g) of the Small Business Act shall not exceed a 16 principal amount of $12,000,000,000. In addition, for ad17 ministrative expenses to carry out the direct and guaran18 teed loan programs, $152,725,828, which may be trans19 ferred to and merged with the appropriations for Salaries 20 and Expenses. 21 DISASTER LOANS PROGRAM ACCOUNT 22 (INCLUDING TRANSFERS OF FUNDS) 23 For administrative expenses to carry out the direct 24 loan program authorized by section 7(b) of the Small 25 Business Act, $186,858,000, to be available until ex- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 544 1 pended, of which $1,000,000 is for the Office of Inspector 2 General of the Small Business Administration for audits 3 and reviews of disaster loans and the disaster loan pro4 grams and shall be transferred to and merged with the 5 appropriations for the Office of Inspector General; of 6 which $176,858,000 is for direct administrative expenses 7 of loan making and servicing to carry out the direct loan 8 program, which may be transferred to and merged with 9 the appropriations for Salaries and Expenses; and of 10 which $9,000,000 is for indirect administrative expenses 11 for the direct loan program, which may be transferred to 12 and merged with the appropriations for Salaries and Ex13 penses. 14 ADMINISTRATIVE PROVISIONS—SMALL BUSINESS 15 ADMINISTRATION 16 (INCLUDING TRANSFER OF FUNDS) 17 SEC. 520. Not to exceed 5 percent of any appropria- 18 tion made available for the current fiscal year for the 19 Small Business Administration in this Act may be trans20 ferred between such appropriations, but no such appro21 priation shall be increased by more than 10 percent by 22 any such transfers: Provided, That any transfer pursuant 23 to this paragraph shall be treated as a reprogramming of 24 funds under section 608 of this Act and shall not be avail- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 545 1 able for obligation or expenditure except in compliance 2 with the procedures set forth in that section. 3 SEC. 521. (a) Subparagraph (C) of section 502(7) of 4 the Small Business Investment Act of 1958 (15 U.S.C. 5 696(7)), as in effect on September 25, 2012, shall be in 6 effect in any fiscal year during which the cost to the Fed7 eral Government of making guarantees under such sub8 paragraph (C) and section 503 of the Small Business In9 vestment Act of 1958 (15 U.S.C. 697) is zero, except 10 that— 11 (1) subclause (I)(bb) and subclause (II) of 12 clause (iv) of such subparagraph (C) shall not be in 13 effect; 14 (2) unless, upon application by a development 15 company and after determining that the refinance 16 loan is needed for good cause, the Administrator of 17 the Small Business Administration waives this para- 18 graph, a development company shall limit its 19 financings under section 502 of the Small Business 20 Investment Act of 1958 (15 U.S.C. 696) so that, 21 during any fiscal year, new financings under such 22 subparagraph (C) shall not exceed 50 percent of the 23 dollars loaned under title V of the Small Business 24 Investment Act of 1958 (15 U.S.C. 695 et seq.) dur- 25 ing the previous fiscal year; and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 546 1 (3) clause (iv)(I)(aa) of such subparagraph (C) 2 shall be applied by substituting ‘‘job creation and re- 3 tention’’ for ‘‘job creation’’. 4 (b) Section 303(b)(2)(B) of the Small Business In- 5 vestment Act of 1958 (15 U.S.C. 683(b)(2)(B)) is amend6 ed by striking ‘‘$225,000,000’’ and inserting 7 ‘‘$350,000,000’’. 8 UNITED STATES POSTAL SERVICE 9 PAYMENT TO THE POSTAL SERVICE FUND 10 For payment to the Postal Service Fund for revenue 11 forgone on free and reduced rate mail, pursuant to sub12 sections (c) and (d) of section 2401 of title 39, United 13 States Code, $55,075,000: Provided, That mail for over14 seas voting and mail for the blind shall continue to be free: 15 Provided further, That 6-day delivery and rural delivery 16 of mail shall continue at not less than the 1983 level: Pro17 vided further, That none of the funds made available to 18 the Postal Service by this Act shall be used to implement 19 any rule, regulation, or policy of charging any officer or 20 employee of any State or local child support enforcement 21 agency, or any individual participating in a State or local 22 program of child support enforcement, a fee for informa23 tion requested or provided concerning an address of a 24 postal customer: Provided further, That none of the funds December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 547 1 provided in this Act shall be used to consolidate or close 2 small rural and other small post offices. 3 OFFICE OF INSPECTOR GENERAL 4 SALARIES AND EXPENSES 5 (INCLUDING TRANSFER OF FUNDS) 6 For necessary expenses of the Office of Inspector 7 General in carrying out the provisions of the Inspector 8 General Act of 1978, $248,600,000, to be derived by 9 transfer from the Postal Service Fund and expended as 10 authorized by section 603(b)(3) of the Postal Account11 ability and Enhancement Act (Public Law 109–435). 12 UNITED STATES TAX COURT 13 SALARIES AND EXPENSES 14 For necessary expenses, including contract reporting 15 and other services as authorized by 5 U.S.C. 3109, 16 $51,300,000: Provided, That travel expenses of the judges 17 shall be paid upon the written certificate of the judge. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 548 1 TITLE VI 2 GENERAL PROVISIONS—THIS ACT 3 (INCLUDING RESCISSION) 4 SEC. 601. None of the funds in this Act shall be used 5 for the planning or execution of any program to pay the 6 expenses of, or otherwise compensate, non-Federal parties 7 intervening in regulatory or adjudicatory proceedings 8 funded in this Act. 9 SEC. 602. None of the funds appropriated in this Act 10 shall remain available for obligation beyond the current 11 fiscal year, nor may any be transferred to other appropria12 tions, unless expressly so provided herein. 13 SEC. 603. The expenditure of any appropriation 14 under this Act for any consulting service through procure15 ment contract pursuant to 5 U.S.C. 3109, shall be limited 16 to those contracts where such expenditures are a matter 17 of public record and available for public inspection, except 18 where otherwise provided under existing law, or under ex19 isting Executive order issued pursuant to existing law. 20 SEC. 604. None of the funds made available in this 21 Act may be transferred to any department, agency, or in22 strumentality of the United States Government, except 23 pursuant to a transfer made by, or transfer authority pro24 vided in, this Act or any other appropriations Act. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 549 1 SEC. 605. None of the funds made available by this 2 Act shall be available for any activity or for paying the 3 salary of any Government employee where funding an ac4 tivity or paying a salary to a Government employee would 5 result in a decision, determination, rule, regulation, or pol6 icy that would prohibit the enforcement of section 307 of 7 the Tariff Act of 1930 (19 U.S.C. 1307). 8 SEC. 606. No funds appropriated pursuant to this 9 Act may be expended by an entity unless the entity agrees 10 that in expending the assistance the entity will comply 11 with chapter 83 of title 41, United States Code. 12 SEC. 607. No funds appropriated or otherwise made 13 available under this Act shall be made available to any 14 person or entity that has been convicted of violating chap15 ter 83 of title 41, United States Code. 16 SEC. 608. Except as otherwise provided in this Act, 17 none of the funds provided in this Act, provided by pre18 vious appropriations Acts to the agencies or entities fund19 ed in this Act that remain available for obligation or ex20 penditure in fiscal year 2016, or provided from any ac21 counts in the Treasury derived by the collection of fees 22 and available to the agencies funded by this Act, shall be 23 available for obligation or expenditure through a re24 programming of funds that: (1) creates a new program; 25 (2) eliminates a program, project, or activity; (3) increases December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 550 1 funds or personnel for any program, project, or activity 2 for which funds have been denied or restricted by the Con3 gress; (4) proposes to use funds directed for a specific ac4 tivity by the Committee on Appropriations of either the 5 House of Representatives or the Senate for a different 6 purpose; (5) augments existing programs, projects, or ac7 tivities in excess of $5,000,000 or 10 percent, whichever 8 is less; (6) reduces existing programs, projects, or activi9 ties by $5,000,000 or 10 percent, whichever is less; or (7) 10 creates or reorganizes offices, programs, or activities un11 less prior approval is received from the Committees on Ap12 propriations of the House of Representatives and the Sen13 ate: Provided, That prior to any significant reorganization 14 or restructuring of offices, programs, or activities, each 15 agency or entity funded in this Act shall consult with the 16 Committees on Appropriations of the House of Represent17 atives and the Senate: Provided further, That not later 18 than 60 days after the date of enactment of this Act, each 19 agency funded by this Act shall submit a report to the 20 Committees on Appropriations of the House of Represent21 atives and the Senate to establish the baseline for applica22 tion of reprogramming and transfer authorities for the 23 current fiscal year: Provided further, That at a minimum 24 the report shall include: (1) a table for each appropriation 25 with a separate column to display the President’s budget December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 551 1 request, adjustments made by Congress, adjustments due 2 to enacted rescissions, if appropriate, and the fiscal year 3 enacted level; (2) a delineation in the table for each appro4 priation both by object class and program, project, and 5 activity as detailed in the budget appendix for the respec6 tive appropriation; and (3) an identification of items of 7 special congressional interest: Provided further, That the 8 amount appropriated or limited for salaries and expenses 9 for an agency shall be reduced by $100,000 per day for 10 each day after the required date that the report has not 11 been submitted to the Congress. 12 SEC. 609. Except as otherwise specifically provided 13 by law, not to exceed 50 percent of unobligated balances 14 remaining available at the end of fiscal year 2016 from 15 appropriations made available for salaries and expenses 16 for fiscal year 2016 in this Act, shall remain available 17 through September 30, 2017, for each such account for 18 the purposes authorized: Provided, That a request shall 19 be submitted to the Committees on Appropriations of the 20 House of Representatives and the Senate for approval 21 prior to the expenditure of such funds: Provided further, 22 That these requests shall be made in compliance with re23 programming guidelines. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 552 1 SEC. 610. (a) None of the funds made available in 2 this Act may be used by the Executive Office of the Presi3 dent to request— 4 (1) any official background investigation report 5 on any individual from the Federal Bureau of Inves- 6 tigation; or 7 (2) a determination with respect to the treat- 8 ment of an organization as described in section 9 501(c) of the Internal Revenue Code of 1986 and 10 exempt from taxation under section 501(a) of such 11 Code from the Department of the Treasury or the 12 Internal Revenue Service. 13 (b) Subsection (a) shall not apply— 14 (1) in the case of an official background inves- 15 tigation report, if such individual has given express 16 written consent for such request not more than 6 17 months prior to the date of such request and during 18 the same presidential administration; or 19 (2) if such request is required due to extraor- 20 dinary circumstances involving national security. 21 SEC. 611. The cost accounting standards promul- 22 gated under chapter 15 of title 41, United States Code 23 shall not apply with respect to a contract under the Fed24 eral Employees Health Benefits Program established 25 under chapter 89 of title 5, United States Code. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 553 1 SEC. 612. For the purpose of resolving litigation and 2 implementing any settlement agreements regarding the 3 nonforeign area cost-of-living allowance program, the Of4 fice of Personnel Management may accept and utilize 5 (without regard to any restriction on unanticipated travel 6 expenses imposed in an Appropriations Act) funds made 7 available to the Office of Personnel Management pursuant 8 to court approval. 9 SEC. 613. No funds appropriated by this Act shall 10 be available to pay for an abortion, or the administrative 11 expenses in connection with any health plan under the 12 Federal employees health benefits program which provides 13 any benefits or coverage for abortions. 14 SEC. 614. The provision of section 613 shall not 15 apply where the life of the mother would be endangered 16 if the fetus were carried to term, or the pregnancy is the 17 result of an act of rape or incest. 18 SEC. 615. In order to promote Government access to 19 commercial information technology, the restriction on pur20 chasing nondomestic articles, materials, and supplies set 21 forth in chapter 83 of title 41, United States Code (popu22 larly known as the Buy American Act), shall not apply 23 to the acquisition by the Federal Government of informa24 tion technology (as defined in section 11101 of title 40, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 554 1 United States Code), that is a commercial item (as defined 2 in section 103 of title 41, United States Code). 3 SEC. 616. Notwithstanding section 1353 of title 31, 4 United States Code, no officer or employee of any regu5 latory agency or commission funded by this Act may ac6 cept on behalf of that agency, nor may such agency or 7 commission accept, payment or reimbursement from a 8 non-Federal entity for travel, subsistence, or related ex9 penses for the purpose of enabling an officer or employee 10 to attend and participate in any meeting or similar func11 tion relating to the official duties of the officer or em12 ployee when the entity offering payment or reimbursement 13 is a person or entity subject to regulation by such agency 14 or commission, or represents a person or entity subject 15 to regulation by such agency or commission, unless the 16 person or entity is an organization described in section 17 501(c)(3) of the Internal Revenue Code of 1986 and ex18 empt from tax under section 501(a) of such Code. 19 SEC. 617. Notwithstanding section 708 of this Act, 20 funds made available to the Commodity Futures Trading 21 Commission and the Securities and Exchange Commission 22 by this or any other Act may be used for the interagency 23 funding and sponsorship of a joint advisory committee to 24 advise on emerging regulatory issues. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 555 1 SEC. 618. (a)(1) Notwithstanding any other provision 2 of law, an Executive agency covered by this Act otherwise 3 authorized to enter into contracts for either leases or the 4 construction or alteration of real property for office, meet5 ing, storage, or other space must consult with the General 6 Services Administration before issuing a solicitation for of7 fers of new leases or construction contracts, and in the 8 case of succeeding leases, before entering into negotiations 9 with the current lessor. 10 (2) Any such agency with authority to enter into an 11 emergency lease may do so during any period declared by 12 the President to require emergency leasing authority with 13 respect to such agency. 14 (b) For purposes of this section, the term ‘‘Executive 15 agency covered by this Act’’ means any Executive agency 16 provided funds by this Act, but does not include the Gen17 eral Services Administration or the United States Postal 18 Service. 19 SEC. 619. (a) There are appropriated for the fol- 20 lowing activities the amounts required under current law: 21 22 23 24 25 December 16, 2015 (1:04 a.m.) (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)); U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 556 1 2 (B) the Judicial Survivors’ Annuities Fund (28 U.S.C. 376(c)); and 3 (C) the United States Court of Federal 4 Claims Judges’ Retirement Fund (28 U.S.C. 5 178(l)). 6 (3) Payment of Government contributions— 7 (A) with respect to the health benefits of 8 retired employees, as authorized by chapter 89 9 of title 5, United States Code, and the Retired 10 Federal Employees Health Benefits Act (74 11 Stat. 849); and 12 (B) with respect to the life insurance bene- 13 fits for employees retiring after December 31, 14 1989 (5 U.S.C. ch. 87). 15 (4) Payment to finance the unfunded liability of 16 new and increased annuity benefits under the Civil 17 Service Retirement and Disability Fund (5 U.S.C. 18 8348). 19 (5) Payment of annuities authorized to be paid 20 from the Civil Service Retirement and Disability 21 Fund by statutory provisions other than subchapter 22 III of chapter 83 or chapter 84 of title 5, United 23 States Code. 24 (b) Nothing in this section may be construed to ex- 25 empt any amount appropriated by this section from any December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 557 1 otherwise applicable limitation on the use of funds con2 tained in this Act. 3 SEC. 620. The Public Company Accounting Oversight 4 Board (Board) shall have authority to obligate funds for 5 the scholarship program established by section 109(c)(2) 6 of the Sarbanes-Oxley Act of 2002 (Public Law 107–204) 7 in an aggregate amount not exceeding the amount of 8 funds collected by the Board as of December 31, 2015, 9 including accrued interest, as a result of the assessment 10 of monetary penalties. Funds available for obligation in 11 fiscal year 2016 shall remain available until expended. 12 SEC. 621. None of the funds made available in this 13 Act may be used by the Federal Trade Commission to 14 complete the draft report entitled ‘‘Interagency Working 15 Group on Food Marketed to Children: Preliminary Pro16 posed Nutrition Principles to Guide Industry Self-Regu17 latory Efforts’’ unless the Interagency Working Group on 18 Food Marketed to Children complies with Executive Order 19 No. 13563. 20 SEC. 622. None of the funds made available by this 21 Act may be used to pay the salaries and expenses for the 22 following positions: 23 24 December 16, 2015 (1:04 a.m.) (1) Director, White House Office of Health Reform. U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 558 1 2 (2) Assistant to the President for Energy and Climate Change. 3 (3) Senior Advisor to the Secretary of the 4 Treasury assigned to the Presidential Task Force on 5 the Auto Industry and Senior Counselor for Manu- 6 facturing Policy. 7 (4) White House Director of Urban Affairs. 8 SEC. 623. None of the funds in this Act may be used 9 for the Director of the Office of Personnel Management 10 to award a contract, enter an extension of, or exercise an 11 option on a contract to a contractor conducting the final 12 quality review processes for background investigation 13 fieldwork services or background investigation support 14 services that, as of the date of the award of the contract, 15 are being conducted by that contractor. 16 SEC. 624. (a) The head of each executive branch 17 agency funded by this Act shall ensure that the Chief In18 formation Officer of the agency has the authority to par19 ticipate in decisions regarding the budget planning process 20 related to information technology. 21 (b) Amounts appropriated for any executive branch 22 agency funded by this Act that are available for informa23 tion technology shall be allocated within the agency, con24 sistent with the provisions of appropriations Acts and 25 budget guidelines and recommendations from the Director December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 559 1 of the Office of Management and Budget, in such manner 2 as specified by, or approved by, the Chief Information Of3 ficer of the agency in consultation with the Chief Financial 4 Officer of the agency and budget officials. 5 SEC. 625. None of the funds made available in this 6 Act may be used in contravention of chapter 29, 31, or 7 33 of title 44, United States Code. 8 SEC. 626. From the unobligated balances available 9 in the Securities and Exchange Commission Reserve Fund 10 established by section 991 of the Dodd-Frank Wall Street 11 Reform and Consumer Protection Act (Public Law 111– 12 203), $25,000,000 are rescinded. 13 SEC. 627. None of the funds made available in this 14 Act may be used by a governmental entity to require the 15 disclosure by a provider of electronic communication serv16 ice to the public or remote computing service of the con17 tents of a wire or electronic communication that is in elec18 tronic storage with the provider (as such terms are defined 19 in sections 2510 and 2711 of title 18, United States Code) 20 in a manner that violates the Fourth Amendment to the 21 Constitution of the United States. 22 SEC. 628. Beginning on the date of enactment of this 23 Act, in the current fiscal year and continuing through Sep24 tember 30, 2025, the Further Notice of Proposed Rule25 making and Report and Order adopted by the Federal December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 560 1 Communications Commission on March 31, 2014 (FCC 2 14–28), and the amendments to the rules of the Commis3 sion adopted in such Further Notice of Proposed Rule4 making and Report and Order, shall not apply to a joint 5 sales agreement (as defined in Note 2(k) to section 6 73.3555 of title 47, Code of Federal Regulations) that was 7 in effect on March 31, 2014, and a rule of the Commission 8 amended by such an amendment shall apply to such agree9 ment as such rule was in effect on the day before the effec10 tive date of such amendment. A party to a joint sales 11 agreement that was in effect on March 31, 2014, shall 12 not be considered to be in violation of the ownership limi13 tations of section 73.3555 of title 47, Code of Federal 14 Regulations, by reason of the application of the rule in 15 Note 2(k)(2), as so amended, to the joint sales agreement. 16 SEC. 629. During fiscal year 2016, none of the 17 amounts made available by this Act may be used to final18 ize or implement the Safety Standard for Recreational 19 Off-Highway Vehicles published by the Consumer Product 20 Safety Commission in the Federal Register on November 21 19, 2014 (79 Fed. Reg. 68964) until after— 22 (1) the National Academy of Sciences, in con- 23 sultation with the National Highway Traffic Safety 24 Administration and the Department of Defense, 25 completes a study to determine— December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 561 1 (A) the technical validity of the lateral sta- 2 bility and vehicle handling requirements pro- 3 posed by such standard for purposes of reduc- 4 ing the risk of Recreational Off-Highway Vehi- 5 cle (referred to in this section as ‘‘ROV’’) roll- 6 overs in the off-road environment, including the 7 repeatability and reproducibility of testing for 8 compliance with such requirements; 9 (B) the number of ROV rollovers that 10 would be prevented if the proposed require- 11 ments were adopted; 12 (C) whether there is a technical basis for 13 the proposal to provide information on a point- 14 of-sale hangtag about a ROV’s rollover resist- 15 ance on a progressive scale; and 16 (D) the effect on the utility of ROVs used 17 by the United States military if the proposed 18 requirements were adopted; and 19 (2) a report containing the results of the study 20 21 22 23 24 December 16, 2015 (1:04 a.m.) 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; U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 562 1 (C) the Committee on Appropriations of 2 the Senate; and 3 (D) the Committee on Appropriations of 4 5 the House of Representatives. SEC. 630. Notwithstanding any other provision of 6 law, not to exceed $2,266,085 of unobligated balances 7 from ‘‘Election Assistance Commission, Election Reform 8 Programs’’ shall be available to record a disbursement 9 previously incurred under that heading in fiscal year 2014 10 against a 2008 cancelled account. 11 SEC. 631. None of the funds appropriated by this Act 12 may be used by the Federal Communications Commission 13 to modify, amend, or change the rules or regulations of 14 the Commission for universal service high-cost support for 15 competitive eligible telecommunications carriers in a way 16 that is inconsistent with paragraph (e)(5) or (e)(6) of sec17 tion 54.307 of title 47, Code of Federal Regulations, as 18 in effect on July 15, 2015: Provided, That this section 19 shall not prohibit the Commission from considering, devel20 oping, or adopting other support mechanisms as an alter21 native to Mobility Fund Phase II. 22 SEC. 632. (a) The Office of Personnel Management 23 shall provide to each affected individual as defined in sub24 section (b) complimentary identity protection coverage 25 that— December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 563 1 (1) is not less comprehensive than the com- 2 plimentary identity protection coverage that the Of- 3 fice provided to affected individuals before the date 4 of enactment of this Act; 5 6 7 (2) is effective for a period of not less than 10 years; and (3) includes not less than $5,000,000 in iden- 8 tity theft insurance. 9 (b) DEFINITION.—In this section, the term ‘‘affected 10 individual’’ means any individual whose Social Security 11 Number was compromised during— 12 (1) the data breach of personnel records of cur- 13 rent and former Federal employees, at a network 14 maintained by the Department of the Interior, that 15 was announced by the Office of Personnel Manage- 16 ment on June 4, 2015; or 17 (2) the data breach of systems of the Office of 18 Personnel Management containing information re- 19 lated to the background investigations of current, 20 former, and prospective Federal employees, and of 21 other individuals. 22 SEC. 633. Sections 1101(a) and 1104(a)(2)(A) of the 23 Internet Tax Freedom Act (title XI of division C of Public 24 Law 105–277; 47 U.S.C. 151 note) shall be applied by 25 substituting ‘‘October 1, 2016’’ for ‘‘October 1, 2015’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 564 1 2 SEC. 634. (a) DEFINITIONS.—In this section: (1) BANKING INSTITUTION.—The term ‘‘bank- 3 ing institution’’ means an insured depository institu- 4 tion, Federal credit union, State credit union, bank 5 holding company, or savings and loan holding com- 6 pany. 7 (2) BASEL III CAPITAL REQUIREMENTS.—The 8 term ‘‘Basel III capital requirements’’ means the 9 Global Regulatory Framework for More Resilient 10 Banks and Banking Systems issued by the Basel 11 Committee on Banking Supervision on December 16, 12 2010, as revised on June 1, 2011. 13 (3) FEDERAL BANKING AGENCIES.—The term 14 ‘‘Federal banking agencies’’ means the Board of 15 Governors of the Federal Reserve System, the Office 16 of the Comptroller of the Currency, the Federal De- 17 posit Insurance Corporation, and the National Cred- 18 it Union Administration. 19 (4) MORTGAGE SERVICING ASSETS.—The term 20 ‘‘mortgage servicing assets’’ means those assets that 21 result from contracts to service loans secured by real 22 estate, where such loans are owned by third parties. 23 (5) NCUA CAPITAL REQUIREMENTS.—The 24 term ‘‘NCUA capital requirements’’ means the final 25 rule of the National Credit Union Administration December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 565 1 entitled ‘‘Risk-Based Capital’’ (80 Fed. Reg. 66625 2 (October 29, 2015)). 3 (6) OTHER 4 DEFINITIONS.— (A) BANKING DEFINITIONS.—The terms 5 ‘‘bank holding company’’, ‘‘insured depository 6 institution’’, and ‘‘savings and loan holding 7 company’’ have the meanings given those terms 8 in section 3 of the Federal Deposit Insurance 9 Act (12 U.S.C. 1813). 10 (B) CREDIT UNION DEFINITIONS.—The 11 terms ‘‘Federal credit union’’ and ‘‘State credit 12 union’’ have the meanings given those terms in 13 section 101 of the Federal Credit Union Act 14 (12 U.S.C. 1752). 15 (b) STUDY OF THE APPROPRIATE CAPITAL FOR 16 MORTGAGE SERVICING ASSETS.— 17 (1) IN GENERAL.—The Federal banking agen- 18 cies shall jointly conduct a study of the appropriate 19 capital requirements for mortgage servicing assets 20 for banking institutions. 21 (2) ISSUES TO BE STUDIED.—The study re- 22 quired under paragraph (1) shall include, with a 23 specific focus on banking institutions— 24 25 December 16, 2015 (1:04 a.m.) (A) the risk to banking institutions of holding mortgage servicing assets; U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 566 1 (B) the history of the market for mortgage 2 servicing assets, including in particular the 3 market for those assets in the period of the fi- 4 nancial crisis; 5 (C) the ability of banking institutions to 6 establish a value for mortgage servicing assets 7 of the institution through periodic sales or other 8 means; 9 (D) regulatory approaches to mortgage 10 servicing assets and capital requirements that 11 may be used to address concerns about the 12 value of and ability to sell mortgage servicing 13 assets; 14 (E) the impact of imposing the Basel III 15 capital requirements and the NCUA capital re- 16 quirements on banking institutions on the abil- 17 ity of those institutions— 18 (i) to compete in the mortgage serv- 19 icing business, including the need for 20 economies of scale to compete in that busi- 21 ness; and 22 (ii) to provide service to consumers to 23 whom the institutions have made mortgage 24 loans; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 567 1 (F) an analysis of what the mortgage serv- 2 icing marketplace would look like if the Basel 3 III capital requirements and the NCUA capital 4 requirements on mortgage servicing assets— 5 (i) were fully implemented; and 6 (ii) applied to both banking institu- 7 tions and nondepository residential mort- 8 gage loan servicers; 9 (G) the significance of problems with mort- 10 gage servicing assets, if any, in banking institu- 11 tion failures and problem banking institutions, 12 including specifically identifying failed banking 13 institutions where mortgage servicing assets 14 contributed to the failure; and 15 (H) an analysis of the relevance of the 16 Basel III capital requirements and the NCUA 17 capital requirements on mortgage servicing as- 18 sets to the banking systems of other signifi- 19 cantly developed countries. 20 (3) REPORT TO CONGRESS.—Not later than 21 180 days after the date of enactment of this title, 22 the Federal banking agencies shall submit to the 23 Committee on Banking, Housing, and Urban Affairs 24 of the Senate and the Committee on Financial Serv- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 568 1 ices of the House of Representatives a report con- 2 taining— 3 4 (A) the results of the study required under paragraph (1); 5 (B) any analysis on the specific issue of 6 mortgage servicing assets undertaken by the 7 Federal banking agencies before finalizing regu- 8 lations implementing the Basel III capital re- 9 quirements and the NCUA capital require- 10 ments; and 11 (C) any recommendations for legislative or 12 regulatory actions that would address concerns 13 about the value of and ability to sell and the 14 ability of banking institutions to hold mortgage 15 servicing assets. 16 SEC. 635. In addition to amounts otherwise provided 17 in this Act for ‘‘National Archives and Records Adminis18 tration, Operating Expenses’’, there is appropriated 19 $7,000,000, to remain available until expended, for the re20 pair, alteration, and improvement of an additional leased 21 facility to provide adequate storage for holdings of the 22 House of Representatives and the Senate. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 569 1 TITLE VII 2 GENERAL PROVISIONS—GOVERNMENT-WIDE 3 4 5 DEPARTMENTS, AGENCIES, AND CORPORATIONS (INCLUDING TRANSFER OF FUNDS) SEC. 701. No department, agency, or instrumentality 6 of the United States receiving appropriated funds under 7 this or any other Act for fiscal year 2016 shall obligate 8 or expend any such funds, unless such department, agen9 cy, or instrumentality has in place, and will continue to 10 administer in good faith, a written policy designed to en11 sure that all of its workplaces are free from the illegal 12 use, possession, or distribution of controlled substances 13 (as defined in the Controlled Substances Act (21 U.S.C. 14 802)) by the officers and employees of such department, 15 agency, or instrumentality. 16 SEC. 702. Unless otherwise specifically provided, the 17 maximum amount allowable during the current fiscal year 18 in accordance with subsection 1343(c) of title 31, United 19 States Code, for the purchase of any passenger motor ve20 hicle (exclusive of buses, ambulances, law enforcement ve21 hicles, protective vehicles, and undercover surveillance ve22 hicles), is hereby fixed at $19,947 except station wagons 23 for which the maximum shall be $19,997: Provided, That 24 these limits may be exceeded by not to exceed $7,250 for 25 police-type vehicles: Provided further, That the limits set December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 570 1 forth in this section may not be exceeded by more than 2 5 percent for electric or hybrid vehicles purchased for 3 demonstration under the provisions of the Electric and 4 Hybrid Vehicle Research, Development, and Demonstra5 tion Act of 1976: Provided further, That the limits set 6 forth in this section may be exceeded by the incremental 7 cost of clean alternative fuels vehicles acquired pursuant 8 to Public Law 101–549 over the cost of comparable con9 ventionally fueled vehicles: Provided further, That the lim10 its set forth in this section shall not apply to any vehicle 11 that is a commercial item and which operates on alter12 native fuel, including but not limited to electric, plug-in 13 hybrid electric, and hydrogen fuel cell vehicles. 14 SEC. 703. Appropriations of the executive depart- 15 ments and independent establishments for the current fis16 cal year available for expenses of travel, or for the ex17 penses of the activity concerned, are hereby made available 18 for quarters allowances and cost-of-living allowances, in 19 accordance with 5 U.S.C. 5922–5924. 20 SEC. 704. Unless otherwise specified in law during 21 the current fiscal year, no part of any appropriation con22 tained in this or any other Act shall be used to pay the 23 compensation of any officer or employee of the Govern24 ment of the United States (including any agency the ma25 jority of the stock of which is owned by the Government December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 571 1 of the United States) whose post of duty is in the conti2 nental United States unless such person: (1) is a citizen 3 of the United States; (2) is a person who is lawfully admit4 ted for permanent residence and is seeking citizenship as 5 outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a person who 6 is admitted as a refugee under 8 U.S.C. 1157 or is grant7 ed asylum under 8 U.S.C. 1158 and has filed a declaration 8 of intention to become a lawful permanent resident and 9 then a citizen when eligible; or (4) is a person who owes 10 allegiance to the United States: Provided, That for pur11 poses of this section, affidavits signed by any such person 12 shall be considered prima facie evidence that the require13 ments of this section with respect to his or her status are 14 being complied with: Provided further, That for purposes 15 of subsections (2) and (3) such affidavits shall be sub16 mitted prior to employment and updated thereafter as nec17 essary: Provided further, That any person making a false 18 affidavit shall be guilty of a felony, and upon conviction, 19 shall be fined no more than $4,000 or imprisoned for not 20 more than 1 year, or both: Provided further, That the 21 above penal clause shall be in addition to, and not in sub22 stitution for, any other provisions of existing law: Provided 23 further, That any payment made to any officer or em24 ployee contrary to the provisions of this section shall be 25 recoverable in action by the Federal Government: Provided December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 572 1 further, That this section shall not apply to any person 2 who is an officer or employee of the Government of the 3 United States on the date of enactment of this Act, or 4 to international broadcasters employed by the Broad5 casting Board of Governors, or to temporary employment 6 of translators, or to temporary employment in the field 7 service (not to exceed 60 days) as a result of emergencies: 8 Provided further, That this section does not apply to the 9 employment as Wildland firefighters for not more than 10 120 days of nonresident aliens employed by the Depart11 ment of the Interior or the USDA Forest Service pursuant 12 to an agreement with another country. 13 SEC. 705. Appropriations available to any depart- 14 ment or agency during the current fiscal year for nec15 essary expenses, including maintenance or operating ex16 penses, shall also be available for payment to the General 17 Services Administration for charges for space and services 18 and those expenses of renovation and alteration of build19 ings and facilities which constitute public improvements 20 performed in accordance with the Public Buildings Act of 21 1959 (73 Stat. 479), the Public Buildings Amendments 22 of 1972 (86 Stat. 216), or other applicable law. 23 SEC. 706. In addition to funds provided in this or 24 any other Act, all Federal agencies are authorized to re25 ceive and use funds resulting from the sale of materials, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 573 1 including Federal records disposed of pursuant to a 2 records schedule recovered through recycling or waste pre3 vention programs. Such funds shall be available until ex4 pended for the following purposes: 5 (1) Acquisition, waste reduction and prevention, 6 and recycling programs as described in Executive 7 Order No. 13423 (January 24, 2007), including any 8 such programs adopted prior to the effective date of 9 the Executive order. 10 (2) Other Federal agency environmental man- 11 agement programs, including, but not limited to, the 12 development and implementation of hazardous waste 13 management and pollution prevention programs. 14 (3) Other employee programs as authorized by 15 law or as deemed appropriate by the head of the 16 Federal agency. 17 SEC. 707. Funds made available by this or any other 18 Act for administrative expenses in the current fiscal year 19 of the corporations and agencies subject to chapter 91 of 20 title 31, United States Code, shall be available, in addition 21 to objects for which such funds are otherwise available, 22 for rent in the District of Columbia; services in accordance 23 with 5 U.S.C. 3109; and the objects specified under this 24 head, all the provisions of which shall be applicable to the 25 expenditure of such funds unless otherwise specified in the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 574 1 Act by which they are made available: Provided, That in 2 the event any functions budgeted as administrative ex3 penses are subsequently transferred to or paid from other 4 funds, the limitations on administrative expenses shall be 5 correspondingly reduced. 6 SEC. 708. No part of any appropriation contained in 7 this or any other Act shall be available for interagency 8 financing of boards (except Federal Executive Boards), 9 commissions, councils, committees, or similar groups 10 (whether or not they are interagency entities) which do 11 not have a prior and specific statutory approval to receive 12 financial support from more than one agency or instru13 mentality. 14 SEC. 709. None of the funds made available pursuant 15 to the provisions of this or any other Act shall be used 16 to implement, administer, or enforce any regulation which 17 has been disapproved pursuant to a joint resolution duly 18 adopted in accordance with the applicable law of the 19 United States. 20 SEC. 710. During the period in which the head of 21 any department or agency, or any other officer or civilian 22 employee of the Federal Government appointed by the 23 President of the United States, holds office, no funds may 24 be obligated or expended in excess of $5,000 to furnish 25 or redecorate the office of such department head, agency December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 575 1 head, officer, or employee, or to purchase furniture or 2 make improvements for any such office, unless advance 3 notice of such furnishing or redecoration is transmitted 4 to the Committees on Appropriations of the House of Rep5 resentatives and the Senate. For the purposes of this sec6 tion, the term ‘‘office’’ shall include the entire suite of of7 fices assigned to the individual, as well as any other space 8 used primarily by the individual or the use of which is 9 directly controlled by the individual. 10 SEC. 711. Notwithstanding 31 U.S.C. 1346, or sec- 11 tion 708 of this Act, funds made available for the current 12 fiscal year by this or any other Act shall be available for 13 the interagency funding of national security and emer14 gency preparedness telecommunications initiatives which 15 benefit multiple Federal departments, agencies, or enti16 ties, as provided by Executive Order No. 13618 (July 6, 17 2012). 18 SEC. 712. (a) None of the funds made available by 19 this or any other Act may be obligated or expended by 20 any department, agency, or other instrumentality of the 21 Federal Government to pay the salaries or expenses of any 22 individual appointed to a position of a confidential or pol23 icy-determining character that is excepted from the com24 petitive service under section 3302 of title 5, United 25 States Code, (pursuant to schedule C of subpart C of part December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 576 1 213 of title 5 of the Code of Federal Regulations) unless 2 the head of the applicable department, agency, or other 3 instrumentality employing such schedule C individual cer4 tifies to the Director of the Office of Personnel Manage5 ment that the schedule C position occupied by the indi6 vidual was not created solely or primarily in order to detail 7 the individual to the White House. 8 (b) The provisions of this section shall not apply to 9 Federal employees or members of the armed forces de10 tailed to or from an element of the intelligence community 11 (as that term is defined under section 3(4) of the National 12 Security Act of 1947 (50 U.S.C. 3003(4))). 13 SEC. 713. No part of any appropriation contained in 14 this or any other Act shall be available for the payment 15 of the salary of any officer or employee of the Federal 16 Government, who— 17 (1) prohibits or prevents, or attempts or threat- 18 ens to prohibit or prevent, any other officer or em- 19 ployee of the Federal Government from having any 20 direct oral or written communication or contact with 21 any Member, committee, or subcommittee of the 22 Congress in connection with any matter pertaining 23 to the employment of such other officer or employee 24 or pertaining to the department or agency of such 25 other officer or employee in any way, irrespective of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 577 1 whether such communication or contact is at the ini- 2 tiative of such other officer or employee or in re- 3 sponse to the request or inquiry of such Member, 4 committee, or subcommittee; or 5 (2) removes, suspends from duty without pay, 6 demotes, reduces in rank, seniority, status, pay, or 7 performance or efficiency rating, denies promotion 8 to, relocates, reassigns, transfers, disciplines, or dis- 9 criminates in regard to any employment right, enti- 10 tlement, or benefit, or any term or condition of em- 11 ployment of, any other officer or employee of the 12 Federal Government, or attempts or threatens to 13 commit any of the foregoing actions with respect to 14 such other officer or employee, by reason of any 15 communication or contact of such other officer or 16 employee with any Member, committee, or sub- 17 committee of the Congress as described in paragraph 18 (1). 19 SEC. 714. (a) None of the funds made available in 20 this or any other Act may be obligated or expended for 21 any employee training that— 22 (1) does not meet identified needs for knowl- 23 edge, skills, and abilities bearing directly upon the 24 performance of official duties; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 578 1 (2) contains elements likely to induce high lev- 2 els of emotional response or psychological stress in 3 some participants; 4 (3) does not require prior employee notification 5 of the content and methods to be used in the train- 6 ing and written end of course evaluation; 7 (4) contains any methods or content associated 8 with religious or quasi-religious belief systems or 9 ‘‘new age’’ belief systems as defined in Equal Em- 10 ployment 11 915.022, dated September 2, 1988; or Opportunity Commission Notice N– 12 (5) is offensive to, or designed to change, par- 13 ticipants’ personal values or lifestyle outside the 14 workplace. 15 (b) Nothing in this section shall prohibit, restrict, or 16 otherwise preclude an agency from conducting training 17 bearing directly upon the performance of official duties. 18 SEC. 715. No part of any funds appropriated in this 19 or any other Act shall be used by an agency of the execu20 tive branch, other than for normal and recognized execu21 tive-legislative relationships, for publicity or propaganda 22 purposes, and for the preparation, distribution or use of 23 any kit, pamphlet, booklet, publication, radio, television, 24 or film presentation designed to support or defeat legisla- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 579 1 tion pending before the Congress, except in presentation 2 to the Congress itself. 3 SEC. 716. None of the funds appropriated by this or 4 any other Act may be used by an agency to provide a Fed5 eral employee’s home address to any labor organization 6 except when the employee has authorized such disclosure 7 or when such disclosure has been ordered by a court of 8 competent jurisdiction. 9 SEC. 717. None of the funds made available in this 10 or any other Act may be used to provide any non-public 11 information such as mailing, telephone or electronic mail12 ing lists to any person or any organization outside of the 13 Federal Government without the approval of the Commit14 tees on Appropriations of the House of Representatives 15 and the Senate. 16 SEC. 718. No part of any appropriation contained in 17 this or any other Act shall be used directly or indirectly, 18 including by private contractor, for publicity or propa19 ganda purposes within the United States not heretofore 20 authorized by Congress. 21 SEC. 719. (a) In this section, the term ‘‘agency’’— 22 (1) means an Executive agency, as defined 23 December 16, 2015 (1:04 a.m.) under 5 U.S.C. 105; and U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 580 1 (2) includes a military department, as defined 2 under section 102 of such title, the Postal Service, 3 and the Postal Regulatory Commission. 4 (b) Unless authorized in accordance with law or regu- 5 lations to use such time for other purposes, an employee 6 of an agency shall use official time in an honest effort 7 to perform official duties. An employee not under a leave 8 system, including a Presidential appointee exempted under 9 5 U.S.C. 6301(2), has an obligation to expend an honest 10 effort and a reasonable proportion of such employee’s time 11 in the performance of official duties. 12 SEC. 720. Notwithstanding 31 U.S.C. 1346 and sec- 13 tion 708 of this Act, funds made available for the current 14 fiscal year by this or any other Act to any department 15 or agency, which is a member of the Federal Accounting 16 Standards Advisory Board (FASAB), shall be available to 17 finance an appropriate share of FASAB administrative 18 costs. 19 SEC. 721. Notwithstanding 31 U.S.C. 1346 and sec- 20 tion 708 of this Act, the head of each Executive depart21 ment and agency is hereby authorized to transfer to or 22 reimburse ‘‘General Services Administration, Government23 wide Policy’’ with the approval of the Director of the Of24 fice of Management and Budget, funds made available for 25 the current fiscal year by this or any other Act, including December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 581 1 rebates from charge card and other contracts: Provided, 2 That these funds shall be administered by the Adminis3 trator of General Services to support Government-wide 4 and other multi-agency financial, information technology, 5 procurement, and other management innovations, initia6 tives, and activities, including improving coordination and 7 reducing duplication, as approved by the Director of the 8 Office of Management and Budget, in consultation with 9 the appropriate interagency and multi-agency groups des10 ignated by the Director (including the President’s Man11 agement Council for overall management improvement ini12 tiatives, the Chief Financial Officers Council for financial 13 management initiatives, the Chief Information Officers 14 Council for information technology initiatives, the Chief 15 Human Capital Officers Council for human capital initia16 tives, the Chief Acquisition Officers Council for procure17 ment initiatives, and the Performance Improvement Coun18 cil for performance improvement initiatives): Provided fur19 ther, That the total funds transferred or reimbursed shall 20 not exceed $15,000,000 to improve coordination, reduce 21 duplication, and for other activities related to Federal 22 Government Priority Goals established by 31 U.S.C. 1120, 23 and not to exceed $17,000,000 for Government-Wide inno24 vations, initiatives, and activities: Provided further, That 25 the funds transferred to or for reimbursement of ‘‘General December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 582 1 Services Administration, Government-wide Policy’’ during 2 fiscal year 2016 shall remain available for obligation 3 through September 30, 2017: Provided further, That such 4 transfers or reimbursements may only be made after 15 5 days following notification of the Committees on Appro6 priations of the House of Representatives and the Senate 7 by the Director of the Office of Management and Budget. 8 SEC. 722. Notwithstanding any other provision of 9 law, a woman may breastfeed her child at any location 10 in a Federal building or on Federal property, if the woman 11 and her child are otherwise authorized to be present at 12 the location. 13 SEC. 723. Notwithstanding 31 U.S.C. 1346, or sec- 14 tion 708 of this Act, funds made available for the current 15 fiscal year by this or any other Act shall be available for 16 the interagency funding of specific projects, workshops, 17 studies, and similar efforts to carry out the purposes of 18 the National Science and Technology Council (authorized 19 by Executive Order No. 12881), which benefit multiple 20 Federal departments, agencies, or entities: Provided, That 21 the Office of Management and Budget shall provide a re22 port describing the budget of and resources connected with 23 the National Science and Technology Council to the Com24 mittees on Appropriations, the House Committee on 25 Science and Technology, and the Senate Committee on December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 583 1 Commerce, Science, and Transportation 90 days after en2 actment of this Act. 3 SEC. 724. Any request for proposals, solicitation, 4 grant application, form, notification, press release, or 5 other publications involving the distribution of Federal 6 funds shall comply with any relevant requirements in part 7 200 of title 2, Code of Federal Regulations: Provided, 8 That this section shall apply to direct payments, formula 9 funds, and grants received by a State receiving Federal 10 funds. 11 SEC. 725. (a) PROHIBITION 12 MONITORING OF FEDERAL AGENCY OF INDIVIDUALS’ INTERNET USE.—None of 13 the funds made available in this or any other Act may 14 be used by any Federal agency— 15 (1) to collect, review, or create any aggregation 16 of data, derived from any means, that includes any 17 personally identifiable information relating to an in- 18 dividual’s access to or use of any Federal Govern- 19 ment Internet site of the agency; or 20 (2) to enter into any agreement with a third 21 party (including another government agency) to col- 22 lect, review, or obtain any aggregation of data, de- 23 rived from any means, that includes any personally 24 identifiable information relating to an individual’s December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 584 1 access to or use of any nongovernmental Internet 2 site. 3 (b) EXCEPTIONS.—The limitations established in 4 subsection (a) shall not apply to— 5 6 7 8 (1) any record of aggregate data that does not identify particular persons; (2) any voluntary submission of personally identifiable information; 9 (3) any action taken for law enforcement, regu- 10 latory, or supervisory purposes, in accordance with 11 applicable law; or 12 (4) any action described in subsection (a)(1) 13 that is a system security action taken by the oper- 14 ator of an Internet site and is necessarily incident 15 to providing the Internet site services or to pro- 16 tecting the rights or property of the provider of the 17 Internet site. 18 (c) DEFINITIONS.—For the purposes of this section: 19 (1) The term ‘‘regulatory’’ means agency ac- 20 tions to implement, interpret or enforce authorities 21 provided in law. 22 (2) The term ‘‘supervisory’’ means examina- 23 tions of the agency’s supervised institutions, includ- 24 ing assessing safety and soundness, overall financial 25 condition, management practices and policies and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 585 1 compliance with applicable standards as provided in 2 law. 3 SEC. 726. (a) None of the funds appropriated by this 4 Act may be used to enter into or renew a contract which 5 includes a provision providing prescription drug coverage, 6 except where the contract also includes a provision for con7 traceptive coverage. 8 (b) Nothing in this section shall apply to a contract 9 with— 10 (1) any of the following religious plans: 11 (A) Personal Care’s HMO; and 12 (B) OSF HealthPlans, Inc.; and 13 (2) any existing or future plan, if the carrier 14 for the plan objects to such coverage on the basis of 15 religious beliefs. 16 (c) In implementing this section, any plan that enters 17 into or renews a contract under this section may not sub18 ject any individual to discrimination on the basis that the 19 individual refuses to prescribe or otherwise provide for 20 contraceptives because such activities would be contrary 21 to the individual’s religious beliefs or moral convictions. 22 (d) Nothing in this section shall be construed to re- 23 quire coverage of abortion or abortion-related services. 24 SEC. 727. The United States is committed to ensur- 25 ing the health of its Olympic, Pan American, and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 586 1 Paralympic athletes, and supports the strict adherence to 2 anti-doping in sport through testing, adjudication, edu3 cation, and research as performed by nationally recognized 4 oversight authorities. 5 SEC. 728. Notwithstanding any other provision of 6 law, funds appropriated for official travel to Federal de7 partments and agencies may be used by such departments 8 and agencies, if consistent with Office of Management and 9 Budget Circular A–126 regarding official travel for Gov10 ernment personnel, to participate in the fractional aircraft 11 ownership pilot program. 12 SEC. 729. Notwithstanding any other provision of 13 law, none of the funds appropriated or made available 14 under this or any other appropriations Act may be used 15 to implement or enforce restrictions or limitations on the 16 Coast Guard Congressional Fellowship Program, or to im17 plement the proposed regulations of the Office of Per18 sonnel Management to add sections 300.311 through 19 300.316 to part 300 of title 5 of the Code of Federal Reg20 ulations, published in the Federal Register, volume 68, 21 number 174, on September 9, 2003 (relating to the detail 22 of executive branch employees to the legislative branch). 23 SEC. 730. Notwithstanding any other provision of 24 law, no executive branch agency shall purchase, construct, 25 or lease any additional facilities, except within or contig- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 587 1 uous to existing locations, to be used for the purpose of 2 conducting Federal law enforcement training without the 3 advance approval of the Committees on Appropriations of 4 the House of Representatives and the Senate, except that 5 the Federal Law Enforcement Training Center is author6 ized to obtain the temporary use of additional facilities 7 by lease, contract, or other agreement for training which 8 cannot be accommodated in existing Center facilities. 9 SEC. 731. Unless otherwise authorized by existing 10 law, none of the funds provided in this or any other Act 11 may be used by an executive branch agency to produce 12 any prepackaged news story intended for broadcast or dis13 tribution in the United States, unless the story includes 14 a clear notification within the text or audio of the pre15 packaged news story that the prepackaged news story was 16 prepared or funded by that executive branch agency. 17 SEC. 732. None of the funds made available in this 18 Act may be used in contravention of section 552a of title 19 5, United States Code (popularly known as the Privacy 20 Act), and regulations implementing that section. 21 SEC. 733. (a) IN GENERAL.—None of the funds ap- 22 propriated or otherwise made available by this or any 23 other Act may be used for any Federal Government con24 tract with any foreign incorporated entity which is treated 25 as an inverted domestic corporation under section 835(b) December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 588 1 of the Homeland Security Act of 2002 (6 U.S.C. 395(b)) 2 or any subsidiary of such an entity. 3 (b) WAIVERS.— 4 (1) IN GENERAL.—Any Secretary shall waive 5 subsection (a) with respect to any Federal Govern- 6 ment contract under the authority of such Secretary 7 if the Secretary determines that the waiver is re- 8 quired in the interest of national security. 9 (2) REPORT TO CONGRESS.—Any Secretary 10 issuing a waiver under paragraph (1) shall report 11 such issuance to Congress. 12 (c) EXCEPTION.—This section shall not apply to any 13 Federal Government contract entered into before the date 14 of the enactment of this Act, or to any task order issued 15 pursuant to such contract. 16 SEC. 734. During fiscal year 2016, for each employee 17 who— 18 19 (1) retires under section 8336(d)(2) or 8414(b)(1)(B) of title 5, United States Code; or 20 (2) retires under any other provision of sub- 21 chapter III of chapter 83 or chapter 84 of such title 22 5 and receives a payment as an incentive to sepa- 23 rate, the separating agency shall remit to the Civil 24 Service Retirement and Disability Fund an amount 25 equal to the Office of Personnel Management’s aver- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 589 1 age unit cost of processing a retirement claim for 2 the preceding fiscal year. Such amounts shall be 3 available until expended to the Office of Personnel 4 Management and shall be deemed to be an adminis- 5 trative expense under section 8348(a)(1)(B) of title 6 5, United States Code. 7 SEC. 735. (a) None of the funds made available in 8 this or any other Act may be used to recommend or re9 quire any entity submitting an offer for a Federal contract 10 to disclose any of the following information as a condition 11 of submitting the offer: 12 (1) Any payment consisting of a contribution, 13 expenditure, independent expenditure, or disburse- 14 ment for an electioneering communication that is 15 made by the entity, its officers or directors, or any 16 of its affiliates or subsidiaries to a candidate for 17 election for Federal office or to a political com- 18 mittee, or that is otherwise made with respect to any 19 election for Federal office. 20 (2) Any disbursement of funds (other than a 21 payment described in paragraph (1)) made by the 22 entity, its officers or directors, or any of its affiliates 23 or subsidiaries to any person with the intent or the 24 reasonable expectation that the person will use the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 590 1 funds to make a payment described in paragraph 2 (1). 3 (b) In this section, each of the terms ‘‘contribution’’, 4 ‘‘expenditure’’, ‘‘independent expenditure’’, ‘‘election5 eering communication’’, ‘‘candidate’’, ‘‘election’’, and 6 ‘‘Federal office’’ has the meaning given such term in the 7 Federal Election Campaign Act of 1971 (2 U.S.C. 431 8 et seq.). 9 SEC. 736. None of the funds made available in this 10 or any other Act may be used to pay for the painting of 11 a portrait of an officer or employee of the Federal govern12 ment, including the President, the Vice President, a mem13 ber of Congress (including a Delegate or a Resident Com14 missioner to Congress), the head of an executive branch 15 agency (as defined in section 133 of title 41, United States 16 Code), or the head of an office of the legislative branch. 17 SEC. 737. (a)(1) Notwithstanding any other provision 18 of law, and except as otherwise provided in this section, 19 no part of any of the funds appropriated for fiscal year 20 2016, by this or any other Act, may be used to pay any 21 prevailing rate employee described in section 22 5342(a)(2)(A) of title 5, United States Code— 23 (A) during the period from the date of expira- 24 tion of the limitation imposed by the comparable sec- 25 tion for the previous fiscal years until the normal ef- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 591 1 fective date of the applicable wage survey adjust- 2 ment that is to take effect in fiscal year 2016, in an 3 amount that exceeds the rate payable for the appli- 4 cable grade and step of the applicable wage schedule 5 in accordance with such section; and 6 (B) during the period consisting of the remain- 7 der of fiscal year 2016, in an amount that exceeds, 8 as a result of a wage survey adjustment, the rate 9 payable under subparagraph (A) by more than the 10 sum of— 11 (i) the percentage adjustment taking effect 12 in fiscal year 2016 under section 5303 of title 13 5, United States Code, in the rates of pay 14 under the General Schedule; and 15 (ii) the difference between the overall aver- 16 age percentage of the locality-based com- 17 parability payments taking effect in fiscal year 18 2016 under section 5304 of such title (whether 19 by adjustment or otherwise), and the overall av- 20 erage percentage of such payments which was 21 effective in the previous fiscal year under such 22 section. 23 (2) Notwithstanding any other provision of law, no 24 prevailing rate employee described in subparagraph (B) or 25 (C) of section 5342(a)(2) of title 5, United States Code, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 592 1 and no employee covered by section 5348 of such title, 2 may be paid during the periods for which paragraph (1) 3 is in effect at a rate that exceeds the rates that would 4 be payable under paragraph (1) were paragraph (1) appli5 cable to such employee. 6 (3) For the purposes of this subsection, the rates pay- 7 able to an employee who is covered by this subsection and 8 who is paid from a schedule not in existence on September 9 30, 2015, shall be determined under regulations pre10 scribed by the Office of Personnel Management. 11 (4) Notwithstanding any other provision of law, rates 12 of premium pay for employees subject to this subsection 13 may not be changed from the rates in effect on September 14 30, 2015, except to the extent determined by the Office 15 of Personnel Management to be consistent with the pur16 pose of this subsection. 17 (5) This subsection shall apply with respect to pay 18 for service performed after September 30, 2015. 19 (6) For the purpose of administering any provision 20 of law (including any rule or regulation that provides pre21 mium pay, retirement, life insurance, or any other em22 ployee benefit) that requires any deduction or contribu23 tion, or that imposes any requirement or limitation on the 24 basis of a rate of salary or basic pay, the rate of salary December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 593 1 or basic pay payable after the application of this sub2 section shall be treated as the rate of salary or basic pay. 3 (7) Nothing in this subsection shall be considered to 4 permit or require the payment to any employee covered 5 by this subsection at a rate in excess of the rate that would 6 be payable were this subsection not in effect. 7 (8) The Office of Personnel Management may provide 8 for exceptions to the limitations imposed by this sub9 section if the Office determines that such exceptions are 10 necessary to ensure the recruitment or retention of quali11 fied employees. 12 (b) Notwithstanding subsection (a), the adjustment 13 in rates of basic pay for the statutory pay systems that 14 take place in fiscal year 2016 under sections 5344 and 15 5348 of title 5, United States Code, shall be— 16 (1) not less than the percentage received by em- 17 ployees in the same location whose rates of basic pay 18 are adjusted pursuant to the statutory pay systems 19 under sections 5303 and 5304 of title 5, United 20 States Code: Provided, That prevailing rate employ- 21 ees at locations where there are no employees whose 22 pay is increased pursuant to sections 5303 and 5304 23 of title 5, United States Code, and prevailing rate 24 employees described in section 5343(a)(5) of title 5, 25 United States Code, shall be considered to be located December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 594 1 in the pay locality designated as ‘‘Rest of United 2 States’’ pursuant to section 5304 of title 5, United 3 States Code, for purposes of this subsection; and 4 (2) effective as of the first day of the first ap- 5 plicable pay period beginning after September 30, 6 2015. 7 SEC. 738. (a) The Vice President may not receive a 8 pay raise in calendar year 2016, notwithstanding the rate 9 adjustment made under section 104 of title 3, United 10 States Code, or any other provision of law. 11 (b) An employee serving in an Executive Schedule po- 12 sition, or in a position for which the rate of pay is fixed 13 by statute at an Executive Schedule rate, may not receive 14 a pay rate increase in calendar year 2016, notwith15 standing schedule adjustments made under section 5318 16 of title 5, United States Code, or any other provision of 17 law, except as provided in subsection (g), (h), or (i). This 18 subsection applies only to employees who are holding a po19 sition under a political appointment. 20 (c) A chief of mission or ambassador at large may 21 not receive a pay rate increase in calendar year 2016, not22 withstanding section 401 of the Foreign Service Act of 23 1980 (Public Law 96–465) or any other provision of law, 24 except as provided in subsection (g), (h), or (i). December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 595 1 (d) Notwithstanding sections 5382 and 5383 of title 2 5, United States Code, a pay rate increase may not be 3 received in calendar year 2016 (except as provided in sub4 section (g), (h), or (i)) by— 5 (1) a noncareer appointee in the Senior Execu- 6 tive Service paid a rate of basic pay at or above level 7 IV of the Executive Schedule; or 8 (2) a limited term appointee or limited emer- 9 gency appointee in the Senior Executive Service 10 serving under a political appointment and paid a 11 rate of basic pay at or above level IV of the Execu- 12 tive Schedule. 13 (e) Any employee paid a rate of basic pay (including 14 any locality-based payments under section 5304 of title 15 5, United States Code, or similar authority) at or above 16 level IV of the Executive Schedule who serves under a po17 litical appointment may not receive a pay rate increase 18 in calendar year 2016, notwithstanding any other provi19 sion of law, except as provided in subsection (g), (h), or 20 (i). This subsection does not apply to employees in the 21 General Schedule pay system or the Foreign Service pay 22 system, or to employees appointed under section 3161 of 23 title 5, United States Code, or to employees in another 24 pay system whose position would be classified at GS–15 December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 596 1 or below if chapter 51 of title 5, United States Code, ap2 plied to them. 3 (f) Nothing in subsections (b) through (e) shall pre- 4 vent employees who do not serve under a political appoint5 ment from receiving pay increases as otherwise provided 6 under applicable law. 7 (g) A career appointee in the Senior Executive Serv- 8 ice who receives a Presidential appointment and who 9 makes an election to retain Senior Executive Service basic 10 pay entitlements under section 3392 of title 5, United 11 States Code, is not subject to this section. 12 (h) A member of the Senior Foreign Service who re- 13 ceives a Presidential appointment to any position in the 14 executive branch and who makes an election to retain Sen15 ior Foreign Service pay entitlements under section 302(b) 16 of the Foreign Service Act of 1980 (Public Law 96–465) 17 is not subject to this section. 18 (i) Notwithstanding subsections (b) through (e), an 19 employee in a covered position may receive a pay rate in20 crease upon an authorized movement to a different cov21 ered position with higher-level duties and a pre-established 22 higher level or range of pay, except that any such increase 23 must be based on the rates of pay and applicable pay limi24 tations in effect on December 31, 2013. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 597 1 (j) Notwithstanding any other provision of law, for 2 an individual who is newly appointed to a covered position 3 during the period of time subject to this section, the initial 4 pay rate shall be based on the rates of pay and applicable 5 pay limitations in effect on December 31, 2013. 6 (k) If an employee affected by subsections (b) 7 through (e) is subject to a biweekly pay period that begins 8 in calendar year 2016 but ends in calendar year 2017, 9 the bar on the employee’s receipt of pay rate increases 10 shall apply through the end of that pay period. 11 SEC. 739. (a) The head of any Executive branch de- 12 partment, agency, board, commission, or office funded by 13 this or any other appropriations Act shall submit annual 14 reports to the Inspector General or senior ethics official 15 for any entity without an Inspector General, regarding the 16 costs and contracting procedures related to each con17 ference held by any such department, agency, board, com18 mission, or office during fiscal year 2016 for which the 19 cost to the United States Government was more than 20 $100,000. 21 (b) Each report submitted shall include, for each con- 22 ference described in subsection (a) held during the applica23 ble period— 24 (1) a description of its purpose; 25 (2) the number of participants attending; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 598 1 2 (3) a detailed statement of the costs to the United States Government, including— 3 (A) the cost of any food or beverages; 4 (B) the cost of any audio-visual services; 5 (C) the cost of employee or contractor 6 travel to and from the conference; and 7 (D) a discussion of the methodology used 8 to determine which costs relate to the con- 9 ference; and 10 11 12 13 (4) a description of the contracting procedures used including— (A) whether contracts were awarded on a competitive basis; and 14 (B) a discussion of any cost comparison 15 conducted by the departmental component or 16 office in evaluating potential contractors for the 17 conference. 18 (c) Within 15 days of the date of a conference held 19 by any Executive branch department, agency, board, com20 mission, or office funded by this or any other appropria21 tions Act during fiscal year 2016 for which the cost to 22 the United States Government was more than $20,000, 23 the head of any such department, agency, board, commis24 sion, or office shall notify the Inspector General or senior 25 ethics official for any entity without an Inspector General, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 599 1 of the date, location, and number of employees attending 2 such conference. 3 (d) A grant or contract funded by amounts appro- 4 priated by this or any other appropriations Act may not 5 be used for the purpose of defraying the costs of a con6 ference described in subsection (c) that is not directly and 7 programmatically related to the purpose for which the 8 grant or contract was awarded, such as a conference held 9 in connection with planning, training, assessment, review, 10 or other routine purposes related to a project funded by 11 the grant or contract. 12 (e) None of the funds made available in this or any 13 other appropriations Act may be used for travel and con14 ference activities that are not in compliance with Office 15 of Management and Budget Memorandum M–12–12 16 dated May 11, 2012 or any subsequent revisions to that 17 memorandum. 18 SEC. 740. None of the funds made available in this 19 or any other appropriations Act may be used to increase, 20 eliminate, or reduce funding for a program, project, or ac21 tivity as proposed in the President’s budget request for 22 a fiscal year until such proposed change is subsequently 23 enacted in an appropriation Act, or unless such change 24 is made pursuant to the reprogramming or transfer provi25 sions of this or any other appropriations Act. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 600 1 SEC. 741. None of the funds made available by this 2 or any other Act may be used to implement, administer, 3 enforce, or apply the rule entitled ‘‘Competitive Area’’ 4 published by the Office of Personnel Management in the 5 Federal Register on April 15, 2008 (73 Fed. Reg. 20180 6 et seq.). 7 SEC. 742. None of the funds appropriated or other- 8 wise made available by this or any other Act may be used 9 to begin or announce a study or public-private competition 10 regarding the conversion to contractor performance of any 11 function performed by Federal employees pursuant to Of12 fice of Management and Budget Circular A–76 or any 13 other administrative regulation, directive, or policy. 14 SEC. 743. (a) None of the funds appropriated or oth- 15 erwise made available by this or any other Act may be 16 available for a contract, grant, or cooperative agreement 17 with an entity that requires employees or contractors of 18 such entity seeking to report fraud, waste, or abuse to sign 19 internal confidentiality agreements or statements prohib20 iting or otherwise restricting such employees or contrac21 tors from lawfully reporting such waste, fraud, or abuse 22 to a designated investigative or law enforcement represent23 ative of a Federal department or agency authorized to re24 ceive such information. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 601 1 (b) The limitation in subsection (a) shall not con- 2 travene requirements applicable to Standard Form 312, 3 Form 4414, or any other form issued by a Federal depart4 ment or agency governing the nondisclosure of classified 5 information. 6 SEC. 744. (a) No funds appropriated in this or any 7 other Act may be used to implement or enforce the agree8 ments in Standard Forms 312 and 4414 of the Govern9 ment or any other nondisclosure policy, form, or agree10 ment if such policy, form, or agreement does not contain 11 the following provisions: ‘‘These provisions are consistent 12 with and do not supersede, conflict with, or otherwise alter 13 the employee obligations, rights, or liabilities created by 14 existing statute or Executive order relating to (1) classi15 fied information, (2) communications to Congress, (3) the 16 reporting to an Inspector General of a violation of any 17 law, rule, or regulation, or mismanagement, a gross waste 18 of funds, an abuse of authority, or a substantial and spe19 cific danger to public health or safety, or (4) any other 20 whistleblower protection. The definitions, requirements, 21 obligations, rights, sanctions, and liabilities created by 22 controlling Executive orders and statutory provisions are 23 incorporated into this agreement and are controlling.’’: 24 Provided, That notwithstanding the preceding provision of 25 this section, a nondisclosure policy form or agreement that December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 602 1 is to be executed by a person connected with the conduct 2 of an intelligence or intelligence-related activity, other 3 than an employee or officer of the United States Govern4 ment, may contain provisions appropriate to the particular 5 activity for which such document is to be used. Such form 6 or agreement shall, at a minimum, require that the person 7 will not disclose any classified information received in the 8 course of such activity unless specifically authorized to do 9 so by the United States Government. Such nondisclosure 10 forms shall also make it clear that they do not bar disclo11 sures to Congress, or to an authorized official of an execu12 tive agency or the Department of Justice, that are essen13 tial to reporting a substantial violation of law. 14 (b) A nondisclosure agreement may continue to be 15 implemented and enforced notwithstanding subsection (a) 16 if it complies with the requirements for such agreement 17 that were in effect when the agreement was entered into. 18 (c) No funds appropriated in this or any other Act 19 may be used to implement or enforce any agreement en20 tered into during fiscal year 2014 which does not contain 21 substantially similar language to that required in sub22 section (a). 23 SEC. 745. None of the funds made available by this 24 or any other Act may be used to enter into a contract, 25 memorandum of understanding, or cooperative agreement December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 603 1 with, make a grant to, or provide a loan or loan guarantee 2 to, any corporation that has any unpaid Federal tax liabil3 ity that has been assessed, for which all judicial and ad4 ministrative remedies have been exhausted or have lapsed, 5 and that is not being paid in a timely manner pursuant 6 to an agreement with the authority responsible for col7 lecting the tax liability, where the awarding agency is 8 aware of the unpaid tax liability, unless a Federal agency 9 has considered suspension or debarment of the corporation 10 and has made a determination that this further action is 11 not necessary to protect the interests of the Government. 12 SEC. 746. None of the funds made available by this 13 or any other Act may be used to enter into a contract, 14 memorandum of understanding, or cooperative agreement 15 with, make a grant to, or provide a loan or loan guarantee 16 to, any corporation that was convicted of a felony criminal 17 violation under any Federal law within the preceding 24 18 months, where the awarding agency is aware of the convic19 tion, unless a Federal agency has considered suspension 20 or debarment of the corporation and has made a deter21 mination that this further action is not necessary to pro22 tect the interests of the Government. 23 SEC. 747. (a) The Act entitled ‘‘An Act providing for 24 the incorporation of certain persons as Group Hospitaliza- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 604 1 tion and Medical Services, Inc.’’, approved August 11, 2 1939 (53 Stat. 1412), is amended— 3 4 (1) by redesignating section 11 as section 12; and 5 (2) by inserting after section 10 the following: 6 ‘‘SEC. 11. The surplus of the corporation is for the 7 benefit and protection of all of its certificate holders and 8 shall be available for the satisfaction of all obligations of 9 the corporation regardless of the jurisdiction in which such 10 surplus originated or such obligations arise. The corpora11 tion shall not divide, attribute, distribute, or reduce its 12 surplus pursuant to any statute, regulation, or order of 13 any jurisdiction without the express agreement of the Dis14 trict of Columbia, Maryland, and Virginia— 15 16 17 ‘‘(1) that the entire surplus of the corporation is excessive; and ‘‘(2) to any plan for reduction or distribution of 18 surplus.’’. 19 (b) The amendments made by subsection (a) shall 20 apply with respect to the surplus of Group Hospitalization 21 and Medical Services, Inc. for any year after 2011. 22 SEC. 748. (a) During fiscal year 2016, on the date 23 on which a request is made for a transfer of funds in ac24 cordance with section 1017 of Public Law 111–203, the 25 Bureau of Consumer Financial Protection shall notify the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 605 1 Committees on Appropriations of the House of Represent2 atives and the Senate, the Committee on Financial Serv3 ices of the House of Representatives, and the Committee 4 on Banking, Housing, and Urban Affairs of the Senate 5 of such request. 6 (b) Any notification required by this section shall be 7 made available on the Bureau’s public Web site. 8 SEC. 749. (a) Notwithstanding the time limitations 9 specified in section 3744 of title 10, United States Code, 10 or any other time limitation with respect to the awarding 11 of certain medals to persons who served in the Armed 12 Forces, the President may award the Medal of Honor 13 under section 3741 of such title to Charles S. Kettles for 14 the acts of valor during the Vietnam War described in sub15 section (b). 16 (b) The acts of valor referred to in subsection (a) are 17 the actions of Charles S. Kettles during combat operations 18 on May 15, 1967, while serving as Flight Commander, 19 176th Aviation Company, 14th Aviation Battalion, Task 20 Force Oregon, Republic of Vietnam, for which he was pre21 viously awarded the Distinguished Service Cross. 22 SEC. 750. (a) None of the funds made available under 23 this or any other Act may be used to— 24 (1) implement, administer, carry out, modify, 25 revise, or enforce Executive Order 13690, entitled December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 606 1 ‘‘Establishing a Federal Flood Risk Management 2 Standard and a Process for Further Soliciting and 3 Considering Stakeholder Input’’ (issued January 30, 4 2015), other than for— 5 6 (A) acquiring, managing, or disposing of Federal lands and facilities; 7 (B) providing federally undertaken, fi- 8 nanced, or assisted construction or improve- 9 ments; or 10 (C) conducting Federal activities or pro- 11 grams affecting land use, including water and 12 related land resources planning, regulating, and 13 licensing activities; 14 (2) implement Executive Order 13690 in a 15 manner that modifies the non-grant components of 16 the National Flood Insurance Program; or 17 (3) apply Executive Order 13690 or the Federal 18 Flood Risk Management Standard by any compo- 19 nent of the Department of Defense, including the 20 Army Corps of Engineers in a way that changes the 21 ‘‘floodplain’’ considered when determining whether 22 or not to issue a Department of the Army permit 23 under section 404 of the Clean Water Act or section 24 10 of the Rivers and Harbors Act. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 607 1 (b) Subsection (a) of this section shall not be in effect 2 during the period beginning on October 1, 2016 and end3 ing on September 30, 2017. 4 SEC. 751. Except as expressly provided otherwise, 5 any reference to ‘‘this Act’’ contained in any title other 6 than title IV or VIII shall not apply to such title IV or 7 VIII. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 608 1 TITLE VIII 2 GENERAL PROVISIONS—DISTRICT OF 3 COLUMBIA 4 (INCLUDING TRANSFERS OF FUNDS) 5 SEC. 801. There are appropriated from the applicable 6 funds of the District of Columbia such sums as may be 7 necessary for making refunds and for the payment of legal 8 settlements or judgments that have been entered against 9 the District of Columbia government. 10 SEC. 802. None of the Federal funds provided in this 11 Act shall be used for publicity or propaganda purposes or 12 implementation of any policy including boycott designed 13 to support or defeat legislation pending before Congress 14 or any State legislature. 15 SEC. 803. (a) None of the Federal funds provided 16 under this Act to the agencies funded by this Act, both 17 Federal and District government agencies, that remain 18 available for obligation or expenditure in fiscal year 2016, 19 or provided from any accounts in the Treasury of the 20 United States derived by the collection of fees available 21 to the agencies funded by this Act, shall be available for 22 obligation or expenditures for an agency through a re23 programming of funds which— 24 December 16, 2015 (1:04 a.m.) (1) creates new programs; U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 609 1 2 (2) eliminates a program, project, or responsibility center; 3 4 (3) establishes or changes allocations specifically denied, limited or increased under this Act; 5 (4) increases funds or personnel by any means 6 for any program, project, or responsibility center for 7 which funds have been denied or restricted; 8 9 (5) re-establishes any program or project previously deferred through reprogramming; 10 (6) augments any existing program, project, or 11 responsibility center through a reprogramming of 12 funds in excess of $3,000,000 or 10 percent, which- 13 ever is less; or 14 (7) increases by 20 percent or more personnel 15 assigned to a specific program, project or responsi- 16 bility center, 17 unless prior approval is received from the Committees on 18 Appropriations of the House of Representatives and the 19 Senate. 20 (b) The District of Columbia government is author- 21 ized to approve and execute reprogramming and transfer 22 requests of local funds under this title through November 23 7, 2016. 24 SEC. 804. None of the Federal funds provided in this 25 Act may be used by the District of Columbia to provide December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 610 1 for salaries, expenses, or other costs associated with the 2 offices of United States Senator or United States Rep3 resentative under section 4(d) of the District of Columbia 4 Statehood Constitutional Convention Initiatives of 1979 5 (D.C. Law 3–171; D.C. Official Code, sec. 1–123). 6 SEC. 805. Except as otherwise provided in this sec- 7 tion, none of the funds made available by this Act or by 8 any other Act may be used to provide any officer or em9 ployee of the District of Columbia with an official vehicle 10 unless the officer or employee uses the vehicle only in the 11 performance of the officer’s or employee’s official duties. 12 For purposes of this section, the term ‘‘official duties’’ 13 does not include travel between the officer’s or employee’s 14 residence and workplace, except in the case of— 15 (1) an officer or employee of the Metropolitan 16 Police Department who resides in the District of Co- 17 lumbia or is otherwise designated by the Chief of the 18 Department; 19 (2) at the discretion of the Fire Chief, an offi- 20 cer or employee of the District of Columbia Fire and 21 Emergency Medical Services Department who re- 22 sides in the District of Columbia and is on call 24 23 hours a day; 24 (3) at the discretion of the Director of the De- 25 partment of Corrections, an officer or employee of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 611 1 the District of Columbia Department of Corrections 2 who resides in the District of Columbia and is on 3 call 24 hours a day; 4 (4) at the discretion of the Chief Medical Ex- 5 aminer, an officer or employee of the Office of the 6 Chief Medical Examiner who resides in the District 7 of Columbia and is on call 24 hours a day; 8 (5) at the discretion of the Director of the 9 Homeland Security and Emergency Management 10 Agency, an officer or employee of the Homeland Se- 11 curity and Emergency Management Agency who re- 12 sides in the District of Columbia and is on call 24 13 hours a day; 14 (6) the Mayor of the District of Columbia; and 15 (7) the Chairman of the Council of the District 16 of Columbia. 17 SEC. 806. (a) None of the Federal funds contained 18 in this Act may be used by the District of Columbia Attor19 ney General or any other officer or entity of the District 20 government to provide assistance for any petition drive or 21 civil action which seeks to require Congress to provide for 22 voting representation in Congress for the District of Co23 lumbia. 24 (b) Nothing in this section bars the District of Co- 25 lumbia Attorney General from reviewing or commenting December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 612 1 on briefs in private lawsuits, or from consulting with offi2 cials of the District government regarding such lawsuits. 3 SEC. 807. None of the Federal funds contained in 4 this Act may be used to distribute any needle or syringe 5 for the purpose of preventing the spread of blood borne 6 pathogens in any location that has been determined by the 7 local public health or local law enforcement authorities to 8 be inappropriate for such distribution. 9 SEC. 808. Nothing in this Act may be construed to 10 prevent the Council or Mayor of the District of Columbia 11 from addressing the issue of the provision of contraceptive 12 coverage by health insurance plans, but it is the intent 13 of Congress that any legislation enacted on such issue 14 should include a ‘‘conscience clause’’ which provides excep15 tions for religious beliefs and moral convictions. 16 SEC. 809. (a) None of the Federal funds contained 17 in this Act may be used to enact or carry out any law, 18 rule, or regulation to legalize or otherwise reduce penalties 19 associated with the possession, use, or distribution of any 20 schedule I substance under the Controlled Substances Act 21 (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols de22 rivative. 23 (b) None of the funds contained in this Act may be 24 used to enact any law, rule, or regulation to legalize or 25 otherwise reduce penalties associated with the possession, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 613 1 use, or distribution of any schedule I substance under the 2 Controlled Substances Act (21 U.S.C. 801 et seq.) or any 3 tetrahydrocannabinols derivative for recreational pur4 poses. 5 SEC. 810. None of the funds appropriated under this 6 Act shall be expended for any abortion except where the 7 life of the mother would be endangered if the fetus were 8 carried to term or where the pregnancy is the result of 9 an act of rape or incest. 10 SEC. 811. (a) No later than 30 calendar days after 11 the date of the enactment of this Act, the Chief Financial 12 Officer for the District of Columbia shall submit to the 13 appropriate committees of Congress, the Mayor, and the 14 Council of the District of Columbia, a revised appropriated 15 funds operating budget in the format of the budget that 16 the District of Columbia government submitted pursuant 17 to section 442 of the District of Columbia Home Rule Act 18 (D.C. Official Code, sec. 1–204.42), for all agencies of the 19 District of Columbia government for fiscal year 2016 that 20 is in the total amount of the approved appropriation and 21 that realigns all budgeted data for personal services and 22 other-than-personal services, respectively, with anticipated 23 actual expenditures. 24 (b) This section shall apply only to an agency for 25 which the Chief Financial Officer for the District of Co- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 614 1 lumbia certifies that a reallocation is required to address 2 unanticipated changes in program requirements. 3 SEC. 812. No later than 30 calendar days after the 4 date of the enactment of this Act, the Chief Financial Offi5 cer for the District of Columbia shall submit to the appro6 priate committees of Congress, the Mayor, and the Council 7 for the District of Columbia, a revised appropriated funds 8 operating budget for the District of Columbia Public 9 Schools that aligns schools budgets to actual enrollment. 10 The revised appropriated funds budget shall be in the for11 mat of the budget that the District of Columbia govern12 ment submitted pursuant to section 442 of the District 13 of Columbia Home Rule Act (D.C. Official Code, sec. 1– 14 204.42). 15 SEC. 813. (a) Amounts appropriated in this Act as 16 operating funds may be transferred to the District of Co17 lumbia’s enterprise and capital funds and such amounts, 18 once transferred, shall retain appropriation authority con19 sistent with the provisions of this Act. 20 (b) The District of Columbia government is author- 21 ized to reprogram or transfer for operating expenses any 22 local funds transferred or reprogrammed in this or the 23 four prior fiscal years from operating funds to capital 24 funds, and such amounts, once transferred or repro- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 615 1 grammed, shall retain appropriation authority consistent 2 with the provisions of this Act. 3 (c) The District of Columbia government may not 4 transfer or reprogram for operating expenses any funds 5 derived from bonds, notes, or other obligations issued for 6 capital projects. 7 SEC. 814. None of the Federal funds appropriated 8 in this Act shall remain available for obligation beyond 9 the current fiscal year, nor may any be transferred to 10 other appropriations, unless expressly so provided herein. 11 SEC. 815. Except as otherwise specifically provided 12 by law or under this Act, not to exceed 50 percent of unob13 ligated balances remaining available at the end of fiscal 14 year 2016 from appropriations of Federal funds made 15 available for salaries and expenses for fiscal year 2016 in 16 this Act, shall remain available through September 30, 17 2017, for each such account for the purposes authorized: 18 Provided, That a request shall be submitted to the Com19 mittees on Appropriations of the House of Representatives 20 and the Senate for approval prior to the expenditure of 21 such funds: Provided further, That these requests shall be 22 made in compliance with reprogramming guidelines out23 lined in section 803 of this Act. 24 SEC. 816. (a) During fiscal year 2017, during a pe- 25 riod in which neither a District of Columbia continuing December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 616 1 resolution or a regular District of Columbia appropriation 2 bill is in effect, local funds are appropriated in the amount 3 provided for any project or activity for which local funds 4 are provided in the Fiscal Year 2017 Budget Request Act 5 of 2016 as submitted to Congress (subject to any modi6 fications enacted by the District of Columbia as of the be7 ginning of the period during which this subsection is in 8 effect) at the rate set forth by such Act. 9 (b) Appropriations made by subsection (a) shall cease 10 to be available— 11 (1) during any period in which a District of Co- 12 lumbia continuing resolution for fiscal year 2017 is 13 in effect; or 14 (2) upon the enactment into law of the regular 15 District of Columbia appropriation bill for fiscal year 16 2017. 17 (c) An appropriation made by subsection (a) is pro- 18 vided under the authority and conditions as provided 19 under this Act and shall be available to the extent and 20 in the manner that would be provided by this Act. 21 (d) An appropriation made by subsection (a) shall 22 cover all obligations or expenditures incurred for such 23 project or activity during the portion of fiscal year 2017 24 for which this section applies to such project or activity. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 617 1 (e) This section shall not apply to a project or activity 2 during any period of fiscal year 2017 if any other provi3 sion of law (other than an authorization of appropria4 tions)— 5 (1) makes an appropriation, makes funds avail- 6 able, or grants authority for such project or activity 7 to continue for such period; or 8 (2) specifically provides that no appropriation 9 shall be made, no funds shall be made available, or 10 no authority shall be granted for such project or ac- 11 tivity to continue for such period. 12 (f) Nothing in this section shall be construed to affect 13 obligations of the government of the District of Columbia 14 mandated by other law. 15 SEC. 817. (a) This section may be cited as the ‘‘D.C. 16 Opportunity Scholarship Program School Certification Re17 quirements Act’’. 18 (b) Section 3007(a) of the Scholarships for Oppor- 19 tunity and Results Act (Public Law 112–10; 125 Stat. 20 203) is amended— 21 22 23 December 16, 2015 (1:04 a.m.) (1) in paragraph (4)— (A) in subparagraph (E), by striking ‘‘and’’ after the semicolon; U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 618 1 (B) in subparagraph (F), by striking the 2 period at the end and inserting a semicolon; 3 and 4 (C) by adding at the end the following: 5 ‘‘(G)(i) is provisionally or fully accredited 6 by a national or regional accrediting agency 7 that is recognized in the District of Columbia 8 School 9 1802.02(16)(A)–(G), D.C. Official Code) or any 10 other accrediting body deemed appropriate by 11 the Office of the State Superintendent for 12 Schools for the purposes of accrediting an ele- 13 mentary or secondary school; or Reform Act of 1995 (sec. 38– 14 ‘‘(ii) in the case of a school that is a 15 participating school as of the day before 16 the date of enactment of the D.C. Oppor- 17 tunity Scholarship Program School Certifi- 18 cation Requirements Act and, as of such 19 day, does not meet the requirements of 20 clause (i)— 21 ‘‘(I) by not later than 1 year 22 after such date of enactment, is pur- 23 suing accreditation by a national or 24 regional accrediting agency recognized 25 in the District of Columbia School Re- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 619 1 form 2 1802.02(16)(A)–(G), 3 Code) or any other accrediting body 4 deemed appropriate by the Office of 5 the State Superintendent for Schools 6 for the purposes of accrediting an ele- 7 mentary or secondary school; and Act of 1995 (sec. D.C. 38– Official 8 ‘‘(II) by not later than 5 years 9 after such date of enactment, is provi- 10 sionally or fully accredited by such ac- 11 crediting agency, except that an eligi- 12 ble entity may grant not more than 13 one 1-year extension to meet this re- 14 quirement 15 school that provides evidence to the el- 16 igible entity from such accrediting 17 agency that the school’s application 18 for accreditation is in process and the 19 school will be awarded accreditation 20 before the end of the 1-year extension 21 period; for each participating 22 ‘‘(H) conducts criminal background checks 23 on school employees who have direct and unsu- 24 pervised interaction with students; and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 620 1 ‘‘(I) complies with all requests for data 2 and information regarding the reporting re- 3 quirements described in section 3010.’’; and 4 (2) by adding at the end the following: 5 ‘‘(5) NEW PARTICIPATING SCHOOLS.—If a 6 school is not a participating school as of the date of 7 enactment of the D.C. Opportunity Scholarship Pro- 8 gram School Certification Requirements Act, the 9 school shall not become a participating school and 10 none of the funds provided under this division for 11 opportunity scholarships may be used by an eligible 12 student to enroll in that school unless the school— 13 ‘‘(A) is actively pursuing provisional or full 14 accreditation by a national or regional accred- 15 iting agency that is recognized in the District of 16 Columbia School Reform Act of 1995 (sec. 38– 17 1802.02(16)(A)–(G), D.C. Official Code) or any 18 other accrediting body deemed appropriate by 19 the Office of the State Superintendent for 20 Schools for the purposes of accrediting an ele- 21 mentary or secondary school; and 22 ‘‘(B) meets all of the other requirements 23 for participating schools under this Act. 24 ‘‘(6) ENROLLING 25 December 16, 2015 (1:04 a.m.) IN ANOTHER SCHOOL.—An el- igible entity shall assist the parents of a partici- U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 621 1 pating eligible student in identifying, applying to, 2 and enrolling in an another participating school for 3 which opportunity scholarship funds may be used, 4 if— 5 ‘‘(A) such student is enrolled in a partici- 6 pating private school and may no longer use op- 7 portunity scholarship funds for enrollment in 8 that participating private school because such 9 school fails to meet a requirement under para- 10 graph 4, or any other requirement of this Act; 11 or 12 ‘‘(B) a participating eligible student is en- 13 rolled in a school that ceases to be a partici- 14 pating school.’’. 15 (c) REPORT TO ELIGIBLE ENTITIES.—Section 3010 16 of the Scholarships for Opportunity and Results Act (Pub17 lic Law 112–10; 125 Stat. 203) is further amended— 18 19 20 (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the fol- 21 lowing: 22 ‘‘(d) REPORTS TO ELIGIBLE ENTITIES.—The eligible 23 entity receiving funds under section 3004(a) shall ensure 24 that each participating school under this division submits 25 to the eligible entity beginning not later than 5 years after December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 622 1 the date of the enactment of the D.C. Opportunity Schol2 arship Program School Certification Requirements Act, a 3 certification that the school has been awarded provisional 4 or full accreditation, or has been granted an extension by 5 the eligible entity in accordance with section 6 3007(a)(4)(G).’’. 7 (d) Unless specifically provided otherwise, this sec- 8 tion, and the amendments made by this section, shall take 9 effect 1 year after the date of enactment of this Act. 10 SEC. 818. Subparagraph (G) of section 3(c)(2) of the 11 District of Columbia College Access Act of 1999 (Public 12 Law 106–98), as amended, is further amended: 13 (1) by inserting after ‘‘(G)’’, ‘‘(i) for individuals 14 who began an undergraduate course of study prior 15 to school year 2015–2016,’’; and 16 (2) by inserting the following before the period 17 at the end: ‘‘and (ii) for individuals who begin an 18 undergraduate course of study in or after school 19 year 2016–2017, is from a family with a taxable an- 20 nual income of less than $750,000. Beginning with 21 school year 2017–2018, the Mayor shall adjust the 22 amounts in clauses (i) and (ii) for inflation, as meas- 23 ured by the percentage increase, if any, from the 24 preceding fiscal year in the Consumer Price Index December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 623 1 for All Urban Consumers, published by the Bureau 2 of Labor Statistics of the Department of Labor’’. 3 SEC. 819. Except as expressly provided otherwise, 4 any reference to ‘‘this Act’’ contained in this title or in 5 title IV shall be treated as referring only to the provisions 6 of this title or of title IV. 7 This division may be cited as the ‘‘Financial Services 8 and General Government Appropriations Act, 2016’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 624 1 DIVISION F—DEPARTMENT 2 LAND SECURITY 3 ACT, 2016 OF HOME- APPROPRIATIONS 4 TITLE I 5 DEPARTMENTAL MANAGEMENT AND 6 OPERATIONS 7 8 9 OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT For necessary expenses of the Office of the Secretary 10 of Homeland Security, as authorized by section 102 of the 11 Homeland Security Act of 2002 (6 U.S.C. 112), and exec12 utive management of the Department of Homeland Secu13 rity, as authorized by law, $137,466,000: Provided, That 14 not to exceed $45,000 shall be for official reception and 15 representation expenses: Provided further, That all official 16 costs associated with the use of government aircraft by 17 Department of Homeland Security personnel to support 18 official travel of the Secretary and the Deputy Secretary 19 shall be paid from amounts made available for the Imme20 diate Office of the Secretary and the Immediate Office of 21 the Deputy Secretary: Provided further, That not later 22 than 30 days after the date of enactment of this Act, the 23 Secretary of Homeland Security shall submit to the Com24 mittees on Appropriations of the Senate and the House 25 of Representatives, the Committees on the Judiciary of the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 625 1 Senate and the House of Representatives, the Committee 2 on Homeland Security and Governmental Affairs of the 3 Senate, and the Committee on Homeland Security of the 4 House of Representatives, the comprehensive plan for im5 plementation of the biometric entry and exit data system 6 as required under this heading in Public Law 114–4 and 7 a report on visa overstay data by country as required by 8 section 1376 of title 8, United States Code: Provided fur9 ther, That the report on visa overstay data shall also in10 clude— 11 (1) overstays from all nonimmigrant visa cat- 12 egories under the immigration laws, delineated by 13 each of the classes and sub-classes of such cat- 14 egories; and 15 (2) numbers as well as rates of overstays for 16 each class and sub-class of such nonimmigrant cat- 17 egories on a per-country basis: 18 Provided further, That of the funds provided under this 19 heading, $13,000,000 shall be withheld from obligation for 20 the Office of the Secretary and Executive Management 21 until both the comprehensive plan and the report are sub22 mitted. 23 OFFICE 24 OF THE UNDER SECRETARY FOR MANAGEMENT For necessary expenses of the Office of the Under 25 Secretary for Management, as authorized by sections 701 December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 626 1 through 705 of the Homeland Security Act of 2002 (6 2 U.S.C. 341 through 345), $196,810,000, of which not to 3 exceed $2,000 shall be for official reception and represen4 tation expenses: Provided, That of the total amount made 5 available under this heading, $4,456,000 shall remain 6 available until September 30, 2017, solely for the alter7 ation and improvement of facilities, tenant improvements, 8 and relocation costs to consolidate Department head9 quarters operations at the Nebraska Avenue Complex; and 10 $7,778,000 shall remain available until September 30, 11 2017, for the Human Resources Information Technology 12 program: Provided further, That the Under Secretary for 13 Management shall include in the President’s budget pro14 posal for fiscal year 2017, submitted pursuant to section 15 1105(a) of title 31, United States Code, a Comprehensive 16 Acquisition Status Report, which shall include the infor17 mation required under the heading ‘‘Office of the Under 18 Secretary for Management’’ under title I of division D of 19 the Consolidated Appropriations Act, 2012 (Public Law 20 112–74), and shall submit quarterly updates to such re21 port not later than 45 days after the completion of each 22 quarter. 23 24 OFFICE OF THE CHIEF FINANCIAL OFFICER For necessary expenses of the Office of the Chief Fi- 25 nancial Officer, as authorized by section 103 of the Home- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 627 1 land Security Act of 2002 (6 U.S.C. 113), $56,420,000: 2 Provided, That the Secretary of Homeland Security shall 3 submit to the Committees on Appropriations of the Senate 4 and the House of Representatives, at the time the Presi5 dent’s budget proposal for fiscal year 2017 is submitted 6 pursuant to section 1105(a) of title 31, United States 7 Code, the Future Years Homeland Security Program, as 8 authorized by section 874 of Public Law 107–296 (6 9 U.S.C. 454). 10 OFFICE 11 For necessary expenses of the Office of the Chief In- OF THE CHIEF INFORMATION OFFICER 12 formation Officer, as authorized by section 103 of the 13 Homeland Security Act of 2002 (6 U.S.C. 113), and De14 partment-wide technology investments, $309,976,000; of 15 which $109,957,000 shall be available for salaries and ex16 penses; and of which $200,019,000, to remain available 17 until September 30, 2017, shall be available for develop18 ment and acquisition of information technology equip19 ment, software, services, and related activities for the De20 partment of Homeland Security. 21 22 ANALYSIS AND OPERATIONS For necessary expenses for intelligence analysis and 23 operations coordination activities, as authorized by title II 24 of the Homeland Security Act of 2002 (6 U.S.C. 121 et 25 seq.), $264,714,000; of which not to exceed $3,825 shall December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 628 1 be for official reception and representation expenses; of 2 which not to exceed $2,000,000 is available for facility 3 needs associated with secure space at fusion centers, in4 cluding improvements to buildings; and of which 5 $111,021,000 shall remain available until September 30, 6 2017. 7 8 OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector 9 General in carrying out the provisions of the Inspector 10 General Act of 1978 (5 U.S.C. App.), $137,488,000; of 11 which not to exceed $300,000 may be used for certain con12 fidential operational expenses, including the payment of 13 informants, to be expended at the direction of the Inspec14 tor General. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 629 1 TITLE II 2 SECURITY, ENFORCEMENT, AND 3 INVESTIGATIONS 4 5 6 U.S. CUSTOMS AND BORDER PROTECTION SALARIES AND EXPENSES For necessary expenses for enforcement of laws relat- 7 ing to border security, immigration, customs, agricultural 8 inspections and regulatory activities related to plant and 9 animal imports, and transportation of unaccompanied 10 minor aliens; purchase and lease of up to 7,500 (6,500 11 for replacement only) police-type vehicles; and contracting 12 with individuals for personal services abroad; 13 $8,628,902,000; of which $3,274,000 shall be derived 14 from the Harbor Maintenance Trust Fund for administra15 tive expenses related to the collection of the Harbor Main16 tenance Fee pursuant to section 9505(c)(3) of the Internal 17 Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and not18 withstanding section 1511(e)(1) of the Homeland Security 19 Act of 2002 (6 U.S.C. 551(e)(1)); of which $30,000,000 20 shall be available until September 30, 2017, solely for the 21 purpose of recruiting, hiring, training, and equipping law 22 enforcement officers and Border Patrol agents; of which 23 not to exceed $34,425 shall be for official reception and 24 representation expenses; of which such sums as become 25 available in the Customs User Fee Account, except sums December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 630 1 subject to section 13031(f)(3) of the Consolidated Omni2 bus Budget Reconciliation Act of 1985 (19 U.S.C. 3 58c(f)(3)), shall be derived from that account; of which 4 not to exceed $150,000 shall be available for payment for 5 rental space in connection with preclearance operations; 6 and of which not to exceed $1,000,000 shall be for awards 7 of compensation to informants, to be accounted for solely 8 under the certificate of the Secretary of Homeland Secu9 rity: Provided, That of the amounts made available under 10 this heading for Inspection and Detection Technology In11 vestments, $18,500,000 shall remain available until Sep12 tember 30, 2018: Provided further, That for fiscal year 13 2016, the overtime limitation prescribed in section 5(c)(1) 14 of the Act of February 13, 1911 (19 U.S.C. 267(c)(1)) 15 shall be $35,000; and notwithstanding any other provision 16 of law, none of the funds appropriated by this Act shall 17 be available to compensate any employee of U.S. Customs 18 and Border Protection for overtime, from whatever source, 19 in an amount that exceeds such limitation, except in indi20 vidual cases determined by the Secretary of Homeland Se21 curity, or the designee of the Secretary, to be necessary 22 for national security purposes, to prevent excessive costs, 23 or in cases of immigration emergencies: Provided further, 24 That the Border Patrol shall maintain an active duty pres25 ence of not less than 21,370 full-time equivalent agents December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 631 1 protecting the borders of the United States in the fiscal 2 year. 3 AUTOMATION MODERNIZATION 4 For necessary expenses for U.S. Customs and Border 5 Protection for operation and improvement of automated 6 systems, including salaries and expenses, $829,460,000; 7 of which $465,732,000 shall remain available until Sep8 tember 30, 2018; and of which not less than $151,184,000 9 shall be for the development of the Automated Commercial 10 Environment. 11 BORDER SECURITY FENCING, INFRASTRUCTURE, AND 12 TECHNOLOGY 13 For necessary expenses for border security fencing, 14 infrastructure, and technology, $447,461,000; of which 15 $273,931,000 shall remain available until September 30, 16 2017, for operations and maintenance; and of which 17 $173,530,000 shall remain available until September 30, 18 2018, for development and deployment. 19 20 AIR AND MARINE OPERATIONS For necessary expenses for the operations, mainte- 21 nance, and procurement of marine vessels, aircraft, un22 manned aerial systems, the Air and Marine Operations 23 Center, and other related equipment of the air and marine 24 program, including salaries and expenses, operational 25 training, and mission-related travel, the operations of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 632 1 which include the following: the interdiction of narcotics 2 and other goods; the provision of support to Federal, 3 State, and local agencies in the enforcement or adminis4 tration of laws enforced by the Department of Homeland 5 Security; and, at the discretion of the Secretary of Home6 land Security, the provision of assistance to Federal, 7 State, and local agencies in other law enforcement and 8 emergency humanitarian efforts; $802,298,000; of which 9 $300,429,000 shall be available for salaries and expenses; 10 and of which $501,869,000 shall remain available until 11 September 30, 2018: Provided, That no aircraft or other 12 related equipment, with the exception of aircraft that are 13 one of a kind and have been identified as excess to U.S. 14 Customs and Border Protection requirements and aircraft 15 that have been damaged beyond repair, shall be trans16 ferred to any other Federal agency, department, or office 17 outside of the Department of Homeland Security during 18 fiscal year 2016 without prior notice to the Committees 19 on Appropriations of the Senate and the House of Rep20 resentatives: Provided further, That funding made avail21 able under this heading shall be available for customs ex22 penses when necessary to maintain or to temporarily in23 crease operations in Puerto Rico. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 633 1 CONSTRUCTION AND FACILITIES MANAGEMENT 2 For necessary expenses to plan, acquire, construct, 3 renovate, equip, furnish, operate, manage, and maintain 4 buildings, facilities, and related infrastructure necessary 5 for the administration and enforcement of the laws relat6 ing to customs, immigration, and border security, 7 $340,128,000, to remain available until September 30, 8 2020. 9 U.S. IMMIGRATION 10 11 AND CUSTOMS ENFORCEMENT SALARIES AND EXPENSES For necessary expenses for enforcement of immigra- 12 tion and customs laws, detention and removals, and inves13 tigations, including intellectual property rights and over14 seas vetted units operations; and purchase and lease of 15 up to 3,790 (2,350 for replacement only) police-type vehi16 cles; $5,779,041,000; of which not to exceed $10,000,000 17 shall be available until expended for conducting special op18 erations under section 3131 of the Customs Enforcement 19 Act of 1986 (19 U.S.C. 2081); of which not to exceed 20 $11,475 shall be for official reception and representation 21 expenses; of which not to exceed $2,000,000 shall be for 22 awards of compensation to informants, to be accounted 23 for solely under the certificate of the Secretary of Home24 land Security; of which not less than $305,000 shall be 25 for promotion of public awareness of the child pornog- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 634 1 raphy tipline and activities to counter child exploitation; 2 of which not less than $5,400,000 shall be used to facili3 tate agreements consistent with section 287(g) of the Im4 migration and Nationality Act (8 U.S.C. 1357(g)); of 5 which not to exceed $45,000,000, to remain available until 6 September 30, 2017, is for maintenance, construction, and 7 leasehold improvements at owned and leased facilities; and 8 of which not to exceed $11,216,000 shall be available to 9 fund or reimburse other Federal agencies for the costs as10 sociated with the care, maintenance, and repatriation of 11 smuggled aliens unlawfully present in the United States: 12 Provided, That of the total amount made available under 13 this heading, $100,000,000 shall be withheld from obliga14 tion until the Director of U.S. Immigration and Customs 15 Enforcement submits to the Committees on Appropria16 tions of the Senate and the House of Representatives a 17 report detailing the number of full-time equivalent employ18 ees hired and lost through attrition for the period begin19 ning on October 1, 2015, and ending on June 30, 2016: 20 Provided further, That of the total amount made available 21 under this heading, $5,000,000 shall be withheld from ob22 ligation until the Director of U.S. Immigration and Cus23 toms Enforcement briefs the Committees on Appropria24 tions of the Senate and the House of Representatives on 25 efforts to increase the number of communities and law en- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 635 1 forcement agencies participating in the Priority Enforce2 ment Program, including details as to the jurisdictions 3 and law enforcement agencies approached and the level of 4 participation on a by-community basis: Provided further, 5 That none of the funds made available under this heading 6 shall be available to compensate any employee for overtime 7 in an annual amount in excess of $35,000, except that 8 the Secretary of Homeland Security, or the designee of 9 the Secretary, may waive that amount as necessary for 10 national security purposes and in cases of immigration 11 emergencies: Provided further, That of the total amount 12 provided, $15,770,000 shall be for activities to enforce 13 laws against forced child labor, of which not to exceed 14 $6,000,000 shall remain available until expended: Pro15 vided further, That of the total amount available, not less 16 than $1,600,000,000 shall be available to identify aliens 17 convicted of a crime who may be deportable, and to remove 18 them from the United States once they are judged deport19 able: Provided further, That the Secretary of Homeland 20 Security shall prioritize the identification and removal of 21 aliens convicted of a crime by the severity of that crime: 22 Provided further, That funding made available under this 23 heading shall maintain a level of not less than 34,000 de24 tention beds through September 30, 2016: Provided fur25 ther, That of the total amount provided, not less than December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 636 1 $3,217,942,000 is for enforcement, detention, and re2 moval operations, including transportation of unaccom3 panied minor aliens: Provided further, That of the amount 4 provided for Custody Operations in the previous proviso, 5 $45,000,000 shall remain available until September 30, 6 2020: Provided further, That of the total amount provided 7 for the Visa Security Program and international investiga8 tions, $13,300,000 shall remain available until September 9 30, 2017: Provided further, That not less than 10 $15,000,000 shall be available for investigation of intellec11 tual property rights violations, including operation of the 12 National Intellectual Property Rights Coordination Cen13 ter: Provided further, That none of the funds provided 14 under this heading may be used to continue a delegation 15 of law enforcement authority authorized under section 16 287(g) of the Immigration and Nationality Act (8 U.S.C. 17 1357(g)) if the Department of Homeland Security Inspec18 tor General determines that the terms of the agreement 19 governing the delegation of authority have been materially 20 violated: Provided further, That none of the funds provided 21 under this heading may be used to continue any contract 22 for the provision of detention services if the two most re23 cent overall performance evaluations received by the con24 tracted facility are less than ‘‘adequate’’ or the equivalent 25 median score in any subsequent performance evaluation December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 637 1 system: Provided further, That nothing under this heading 2 shall prevent U.S. Immigration and Customs Enforcement 3 from exercising those authorities provided under the immi4 gration laws (as defined in section 101(a)(17) of the Im5 migration and Nationality Act (8 U.S.C. 1101(a)(17))) 6 during priority operations pertaining to aliens convicted 7 of a crime: Provided further, That without regard to the 8 limitation as to time and condition of section 503(d) of 9 this Act, the Secretary may propose to reprogram and 10 transfer funds within and into this appropriation nec11 essary to ensure the detention of aliens prioritized for re12 moval. 13 14 AUTOMATION MODERNIZATION For expenses of immigration and customs enforce- 15 ment automated systems, $53,000,000, to remain avail16 able until September 30, 2018. 17 TRANSPORTATION SECURITY ADMINISTRATION 18 AVIATION SECURITY 19 For necessary expenses of the Transportation Secu- 20 rity Administration related to providing civil aviation secu21 rity services pursuant to the Aviation and Transportation 22 Security Act (Public Law 107–71; 115 Stat. 597; 49 23 U.S.C. 40101 note), $5,719,437,000, to remain available 24 until September 30, 2017; of which not to exceed $7,650 25 shall be for official reception and representation expenses: December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 638 1 Provided, That any award to deploy explosives detection 2 systems shall be based on risk, the airport’s current reli3 ance on other screening solutions, lobby congestion result4 ing in increased security concerns, high injury rates, air5 port readiness, and increased cost effectiveness: Provided 6 further, That security service fees authorized under section 7 44940 of title 49, United States Code, shall be credited 8 to this appropriation as offsetting collections and shall be 9 available only for aviation security: Provided further, That 10 the sum appropriated under this heading from the general 11 fund shall be reduced on a dollar-for-dollar basis as such 12 offsetting collections are received during fiscal year 2016 13 so as to result in a final fiscal year appropriation from 14 the general fund estimated at not more than 15 $3,589,437,000: Provided further, That the funds depos16 ited pursuant to section 44945 of title 49, United States 17 Code, that are currently unavailable for obligation are 18 hereby permanently cancelled: Provided further, That not19 withstanding section 44923 of title 49, United States 20 Code, for fiscal year 2016, any funds in the Aviation Secu21 rity Capital Fund established by section 44923(h) of title 22 49, United States Code, may be used for the procurement 23 and installation of explosives detection systems or for the 24 issuance of other transaction agreements for the purpose 25 of funding projects described in section 44923(a) of such December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 639 1 title: Provided further, That notwithstanding any other 2 provision of law, for the current fiscal year and each fiscal 3 year hereafter, mobile explosives detection systems pur4 chased and deployed using funds made available under 5 this heading may be moved and redeployed to meet evolv6 ing passenger and baggage screening security priorities at 7 airports: Provided further, That none of the funds made 8 available in this Act may be used for any recruiting or 9 hiring of personnel into the Transportation Security Ad10 ministration that would cause the agency to exceed a staff11 ing level of 45,000 full-time equivalent screeners: Provided 12 further, That the preceding proviso shall not apply to per13 sonnel hired as part-time employees: Provided further, 14 That not later than 90 days after the date of enactment 15 of this Act, the Secretary of Homeland Security shall sub16 mit to the Committees on Appropriations of the Senate 17 and the House of Representatives a detailed report on— 18 (1) the Department of Homeland Security ef- 19 forts and resources being devoted to develop more 20 advanced 21 nologies for the most effective security of passengers 22 and baggage at the lowest possible operating and ac- 23 quisition costs, including projected funding levels for 24 each fiscal year for the next 5 years or until project 25 completion, whichever is earlier; December 16, 2015 (1:04 a.m.) integrated passenger screening tech- U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 640 1 (2) how the Transportation Security Adminis- 2 tration is deploying its existing passenger and bag- 3 gage screener workforce in the most cost-effective 4 manner; and 5 (3) labor savings from the deployment of im- 6 proved technologies for passenger and baggage 7 screening, including high-speed baggage screening, 8 and how those savings are being used to offset secu- 9 rity 10 costs or reinvested to address security vulnerabilities: 11 Provided further, That Members of the United States 12 House of Representatives and the United States Senate, 13 including the leadership; the heads of Federal agencies 14 and commissions, including the Secretary, Deputy Sec15 retary, Under Secretaries, and Assistant Secretaries of the 16 Department of Homeland Security; the United States At17 torney General, Deputy Attorney General, Assistant At18 torneys General, and the United States Attorneys; and 19 senior members of the Executive Office of the President, 20 including the Director of the Office of Management and 21 Budget, shall not be exempt from Federal passenger and 22 baggage screening. 23 24 SURFACE TRANSPORTATION SECURITY For necessary expenses of the Transportation Secu- 25 rity Administration related to surface transportation secu- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 641 1 rity activities, $110,798,000, to remain available until 2 September 30, 2017. 3 4 INTELLIGENCE AND VETTING For necessary expenses for the development and im- 5 plementation of intelligence and vetting activities, 6 $236,693,000, to remain available until September 30, 7 2017. 8 9 TRANSPORTATION SECURITY SUPPORT For necessary expenses of the Transportation Secu- 10 rity Administration related to transportation security sup11 port pursuant to the Aviation and Transportation Security 12 Act (Public Law 107–71; 115 Stat. 597; 49 U.S.C. 40101 13 note), $924,015,000, to remain available until September 14 30, 2017. 15 COAST GUARD 16 OPERATING EXPENSES 17 For necessary expenses for the operations and main- 18 tenance of the Coast Guard, not otherwise provided for; 19 purchase or lease of not to exceed 25 passenger motor ve20 hicles, which shall be for replacement only; purchase or 21 lease of small boats for contingent and emergent require22 ments (at a unit cost of no more than $700,000) and re23 pairs and service-life replacements, not to exceed a total 24 of $31,000,000; purchase or lease of boats necessary for 25 overseas deployments and activities; purchase or lease of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 642 1 other equipment (at a unit cost of no more than 2 $250,000); minor shore construction projects not exceed3 ing $1,000,000 in total cost on any location; payments 4 pursuant to section 156 of Public Law 97–377 (42 U.S.C. 5 402 note; 96 Stat. 1920); and recreation and welfare; 6 $7,061,490,000, of which $500,002,000 shall be for de7 fense-related activities, of which $160,002,000 is des8 ignated by the Congress for Overseas Contingency Oper9 ations/Global War on Terrorism pursuant to section 10 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 11 Deficit Control Act of 1985; of which $24,500,000 shall 12 be derived from the Oil Spill Liability Trust Fund to carry 13 out the purposes of section 1012(a)(5) of the Oil Pollution 14 Act of 1990 (33 U.S.C. 2712(a)(5)); and of which not to 15 exceed $23,000 shall be for official reception and represen16 tation expenses: Provided, That none of the funds made 17 available by this Act shall be for expenses incurred for rec18 reational vessels under section 12114 of title 46, United 19 States Code, except to the extent fees are collected from 20 owners of yachts and credited to this appropriation: Pro21 vided further, That to the extent fees are insufficient to 22 pay expenses of recreational vessel documentation under 23 such section 12114, and there is a backlog of recreational 24 vessel applications, then personnel performing non-rec25 reational vessel documentation functions under subchapter December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 643 1 II of chapter 121 of title 46, United States Code, may 2 perform documentation under section 12114: Provided 3 further, That of the funds provided under this heading, 4 $85,000,000 shall be withheld from obligation for Coast 5 Guard Headquarters Directorates until a future-years 6 capital investment plan for fiscal years 2017 through 7 2021, as specified under the heading ‘‘Coast Guard, Ac8 quisition, Construction, and Improvements’’ of this Act, 9 is submitted to the Committees on Appropriations of the 10 Senate and the House of Representatives: Provided fur11 ther, That funds made available under this heading for 12 Overseas Contingency Operations/Global War on Ter13 rorism may be allocated by program, project, and activity, 14 notwithstanding section 503 of this Act: Provided further, 15 That without regard to the limitation as to time and con16 dition of section 503(d) of this Act, after June 30, up to 17 $10,000,000 may be reprogrammed to or from Military 18 Pay and Allowances in accordance with subsections (a), 19 (b), and (c) of section 503. 20 ENVIRONMENTAL COMPLIANCE AND RESTORATION 21 For necessary expenses to carry out the environ- 22 mental compliance and restoration functions of the Coast 23 Guard under chapter 19 of title 14, United States Code, 24 $13,221,000, to remain available until September 30, 25 2020. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 644 1 RESERVE TRAINING 2 For necessary expenses of the Coast Guard Reserve, 3 as authorized by law; operations and maintenance of the 4 Coast Guard reserve program; personnel and training 5 costs; and equipment and services; $110,614,000. 6 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS 7 For necessary expenses of acquisition, construction, 8 renovation, and improvement of aids to navigation, shore 9 facilities, vessels, and aircraft, including equipment related 10 thereto; and maintenance, rehabilitation, lease, and oper11 ation of facilities and equipment; as authorized by law; 12 $1,945,169,000; of which $20,000,000 shall be derived 13 from the Oil Spill Liability Trust Fund to carry out the 14 purposes of section 1012(a)(5) of the Oil Pollution Act 15 of 1990 (33 U.S.C. 2712(a)(5)); and of which the fol16 lowing amounts shall be available until September 30, 17 2020 (except as subsequently specified): $21,000,000 for 18 military family housing; $1,264,400,000 to acquire, effect 19 major repairs to, renovate, or improve vessels, small boats, 20 and related equipment; $295,000,000 to acquire, effect 21 major repairs to, renovate, or improve aircraft or increase 22 aviation capability; $65,100,000 for other acquisition pro23 grams; $181,600,000 for shore facilities and aids to navi24 gation, including facilities at Department of Defense in25 stallations used by the Coast Guard; and $118,069,000, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 645 1 to remain available until September 30, 2016, for per2 sonnel compensation and benefits and related costs: Pro3 vided, That of the funds provided by this Act, not less 4 than $640,000,000 shall be immediately available and al5 lotted to contract for the production of the ninth National 6 Security Cutter notwithstanding the availability of funds 7 for post-production costs: Provided further, That the Com8 mandant of the Coast Guard shall submit to the Congress, 9 at the time the President’s budget proposal for fiscal year 10 2017 is submitted pursuant to section 1105(a) of title 31, 11 United States Code, a future-years capital investment plan 12 as described in the second proviso under the heading 13 ‘‘Coast Guard, Acquisition, Construction, and Improve14 ments’’ in the Department of Homeland Security Appro15 priations Act, 2015 (Public Law 114–4), which shall be 16 subject to the requirements in the third and fourth pro17 visos under such heading. 18 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 19 For necessary expenses for applied scientific re- 20 search, development, test, and evaluation; and for mainte21 nance, rehabilitation, lease, and operation of facilities and 22 equipment; as authorized by law; $18,019,000, to remain 23 available until September 30, 2018, of which $500,000 24 shall be derived from the Oil Spill Liability Trust Fund 25 to carry out the purposes of section 1012(a)(5) of the Oil December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 646 1 Pollution Act of 1990 (33 U.S.C. 2712(a)(5)): Provided, 2 That there may be credited to and used for the purposes 3 of this appropriation funds received from State and local 4 governments, other public authorities, private sources, and 5 foreign countries for expenses incurred for research, devel6 opment, testing, and evaluation. 7 8 RETIRED PAY For retired pay, including the payment of obligations 9 otherwise chargeable to lapsed appropriations for this pur10 pose, payments under the Retired Serviceman’s Family 11 Protection and Survivor Benefits Plans, payment for ca12 reer status bonuses, concurrent receipts, and combat-re13 lated special compensation under the National Defense 14 Authorization Act, and payments for medical care of re15 tired personnel and their dependents under chapter 55 of 16 title 10, United States Code, $1,604,000,000, to remain 17 available until expended. 18 UNITED STATES SECRET SERVICE 19 SALARIES AND EXPENSES 20 For necessary expenses of the United States Secret 21 Service, including purchase of not to exceed 652 vehicles 22 for police-type use for replacement only; hire of passenger 23 motor vehicles; purchase of motorcycles made in the 24 United States; hire of aircraft; services of expert witnesses 25 at such rates as may be determined by the Director of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 647 1 the United States Secret Service; rental of buildings in 2 the District of Columbia, and fencing, lighting, guard 3 booths, and other facilities on private or other property 4 not in Government ownership or control, as may be nec5 essary to perform protective functions; payment of per 6 diem or subsistence allowances to employees in cases in 7 which a protective assignment on the actual day or days 8 of the visit of a protectee requires an employee to work 9 16 hours per day or to remain overnight at a post of duty; 10 conduct of and participation in firearms matches; presen11 tation of awards; travel of United States Secret Service 12 employees on protective missions without regard to the 13 limitations on such expenditures in this or any other Act 14 if approval is obtained in advance from the Committees 15 on Appropriations of the Senate and the House of Rep16 resentatives; research and development; grants to conduct 17 behavioral research in support of protective research and 18 operations; and payment in advance for commercial ac19 commodations as may be necessary to perform protective 20 functions; $1,854,526,000; of which not to exceed $19,125 21 shall be for official reception and representation expenses; 22 of which not to exceed $100,000 shall be to provide tech23 nical assistance and equipment to foreign law enforcement 24 organizations in counterfeit investigations; of which 25 $2,366,000 shall be for forensic and related support of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 648 1 investigations of missing and exploited children; of which 2 $6,000,000 shall be for a grant for activities related to 3 investigations of missing and exploited children and shall 4 remain available until September 30, 2017; and of which 5 not less than $12,000,000 shall be for activities related 6 to training in electronic crimes investigations and 7 forensics: Provided, That $18,000,000 for protective travel 8 shall remain available until September 30, 2017: Provided 9 further, That of the amounts made available under this 10 heading for security improvements at the White House 11 complex, $8,200,000 shall remain available until Sep12 tember 30, 2017: Provided further, That $4,500,000 for 13 National Special Security Events shall remain available 14 until expended: Provided further, That the United States 15 Secret Service is authorized to obligate funds in anticipa16 tion of reimbursements from Federal agencies and enti17 ties, as defined in section 105 of title 5, United States 18 Code, for personnel receiving training sponsored by the 19 James J. Rowley Training Center, except that total obliga20 tions at the end of the fiscal year shall not exceed total 21 budgetary resources available under this heading at the 22 end of the fiscal year: Provided further, That none of the 23 funds made available under this heading shall be available 24 to compensate any employee for overtime in an annual 25 amount in excess of $35,000, except that the Secretary December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 649 1 of Homeland Security, or the designee of the Secretary, 2 may waive that amount as necessary for national security 3 purposes: Provided further, That none of the funds made 4 available to the United States Secret Service by this Act 5 or by previous appropriations Acts may be made available 6 for the protection of the head of a Federal agency other 7 than the Secretary of Homeland Security: Provided fur8 ther, That the Director of the United States Secret Service 9 may enter into an agreement to provide such protection 10 on a fully reimbursable basis: Provided further, That none 11 of the funds made available to the United States Secret 12 Service by this Act or by previous appropriations Acts may 13 be obligated for the purpose of opening a new permanent 14 domestic or overseas office or location unless the Commit15 tees on Appropriations of the Senate and the House of 16 Representatives are notified 15 days in advance of such 17 obligation: Provided further, That for purposes of section 18 503 of this Act, $15,000,000 or 10 percent, whichever is 19 less, may be reprogrammed between Protection of Persons 20 and Facilities and Domestic Field Operations. 21 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND 22 RELATED EXPENSES 23 For necessary expenses for acquisition, construction, 24 repair, alteration, and improvement of physical and tech- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 650 1 nological infrastructure, $79,019,000, to remain available 2 until September 30, 2018. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 651 1 TITLE III 2 PROTECTION, PREPAREDNESS, RESPONSE, AND 3 4 RECOVERY NATIONAL PROTECTION 5 AND PROGRAMS DIRECTORATE MANAGEMENT AND ADMINISTRATION 6 For the management and administration of the Na- 7 tional Protection and Programs Directorate, and support 8 for operations and information technology, $62,132,000: 9 Provided, That not to exceed $3,825 shall be for official 10 reception and representation expenses. 11 INFRASTRUCTURE PROTECTION AND INFORMATION 12 SECURITY 13 For necessary expenses for infrastructure protection 14 and information security programs and activities, as au15 thorized by title II of the Homeland Security Act of 2002 16 (6 U.S.C. 121 et seq.), $1,291,000,000, of which 17 $289,650,000 shall remain available until September 30, 18 2017. 19 20 FEDERAL PROTECTIVE SERVICE The revenues and collections of security fees credited 21 to this account shall be available until expended for nec22 essary expenses related to the protection of federally 23 owned and leased buildings and for the operations of the 24 Federal Protective Service: Provided, That the Director of 25 the Federal Protective Service shall submit at the time December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 652 1 the President’s budget proposal for fiscal year 2017 is 2 submitted pursuant to section 1105(a) of title 31, United 3 States Code, a strategic human capital plan that aligns 4 fee collections to personnel requirements based on a cur5 rent threat assessment. 6 OFFICE OF BIOMETRIC IDENTITY MANAGEMENT 7 For necessary expenses for the Office of Biometric 8 Identity Management, as authorized by section 7208 of 9 the Intelligence Reform and Terrorism Prevention Act of 10 2004 (8 U.S.C. 1365b), $282,473,000, of which 11 $159,054,000 shall remain available until September 30, 12 2018. 13 14 OFFICE OF HEALTH AFFAIRS For necessary expenses of the Office of Health Af- 15 fairs, $125,369,000; of which $27,010,000 is for salaries 16 and expenses and $82,078,000 is for BioWatch oper17 ations: Provided, That of the amount made available under 18 this heading, $16,281,000 shall remain available until 19 September 30, 2017, for biosurveillance, chemical defense, 20 medical and health planning and coordination, and work21 force health protection. 22 FEDERAL EMERGENCY MANAGEMENT AGENCY 23 SALARIES AND EXPENSES 24 For necessary expenses of the Federal Emergency 25 Management Agency, $960,754,000, including activities December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 653 1 authorized by the National Flood Insurance Act of 1968 2 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster 3 Relief and Emergency Assistance Act (42 U.S.C. 5121 et 4 seq.), the Cerro Grande Fire Assistance Act of 2000 (divi5 sion C, title I, 114 Stat. 583), the Earthquake Hazards 6 Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the De7 fense Production Act of 1950 (50 U.S.C. App. 2061 et 8 seq.), sections 107 and 303 of the National Security Act 9 of 1947 (50 U.S.C. 404, 405), Reorganization Plan No. 10 3 of 1978 (5 U.S.C. App.), the National Dam Safety Pro11 gram Act (33 U.S.C. 467 et seq.), the Homeland Security 12 Act of 2002 (6 U.S.C. 101 et seq.), the Implementing Rec13 ommendations of the 9/11 Commission Act of 2007 (Pub14 lic Law 110–53), the Federal Fire Prevention and Control 15 Act of 1974 (15 U.S.C. 2201 et seq.), the Post-Katrina 16 Emergency Management Reform Act of 2006 (Public Law 17 109–295; 120 Stat. 1394), the Biggert-Waters Flood In18 surance Reform Act of 2012 (Public Law 112–141, 126 19 Stat. 916), and the Homeowner Flood Insurance Afford20 ability Act of 2014 (Public Law 113–89): Provided, That 21 not to exceed $2,250 shall be for official reception and 22 representation expenses: Provided further, That of the 23 total amount made available under this heading, 24 $35,180,000 shall be for the Urban Search and Rescue 25 Response System, of which none is available for Federal December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 654 1 Emergency Management Agency administrative costs: 2 Provided further, That of the total amount made available 3 under this heading, $27,500,000 shall remain available 4 until September 30, 2017, for capital improvements and 5 other expenses related to continuity of operations at the 6 Mount Weather Emergency Operations Center: Provided 7 further, That of the total amount made available, 8 $3,422,000 shall be for the Office of National Capital Re9 gion Coordination. 10 11 STATE AND LOCAL PROGRAMS For grants, contracts, cooperative agreements, and 12 other activities, $1,500,000,000, which shall be allocated 13 as follows: 14 (1) $467,000,000 shall be for the State Home- 15 land Security Grant Program under section 2004 of 16 the Homeland Security Act of 2002 (6 U.S.C. 605), 17 of which $55,000,000 shall be for Operation 18 Stonegarden: Provided, That notwithstanding sub- 19 section (c)(4) of such section 2004, for fiscal year 20 2016, the Commonwealth of Puerto Rico shall make 21 available to local and tribal governments amounts 22 provided to the Commonwealth of Puerto Rico under 23 this paragraph in accordance with subsection (c)(1) 24 of such section 2004. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 655 1 (2) $600,000,000 shall be for the Urban Area 2 Security Initiative under section 2003 of the Home- 3 land Security Act of 2002 (6 U.S.C. 604), of which 4 $20,000,000 shall be for organizations (as described 5 under section 501(c)(3) of the Internal Revenue 6 Code of 1986 and exempt from tax under section 7 501(a) of such code) determined by the Secretary of 8 Homeland Security to be at high risk of a terrorist 9 attack. 10 (3) $100,000,000 shall be for Public Transpor- 11 tation Security Assistance, Railroad Security Assist- 12 ance, and Over-the-Road Bus Security Assistance 13 under sections 1406, 1513, and 1532 of the Imple- 14 menting Recommendations of the 9/11 Commission 15 Act of 2007 (Public Law 110–53; 6 U.S.C. 1135, 16 1163, and 1182), of which $10,000,000 shall be for 17 Amtrak security and $3,000,000 shall be for Over- 18 the-Road Bus Security: Provided, That such public 19 transportation security assistance shall be provided 20 directly to public transportation agencies. 21 22 (4) $100,000,000 shall be for Port Security Grants in accordance with 46 U.S.C. 70107. 23 (5) $233,000,000 shall be to sustain current 24 operations for training, exercises, technical assist- 25 ance, and other programs, of which $162,991,000 December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 656 1 shall be for training of State, local, and tribal emer- 2 gency response providers: 3 Provided, That for grants under paragraphs (1) through 4 (4), applications for grants shall be made available to eligi5 ble applicants not later than 60 days after the date of en6 actment of this Act, that eligible applicants shall submit 7 applications not later than 80 days after the grant an8 nouncement, and the Administrator of the Federal Emer9 gency Management Agency shall act within 65 days after 10 the receipt of an application: Provided further, That not11 withstanding section 2008(a)(11) of the Homeland Secu12 rity Act of 2002 (6 U.S.C. 609(a)(11)) or any other provi13 sion of law, a grantee may not use more than 5 percent 14 of the amount of a grant made available under this head15 ing for expenses directly related to administration of the 16 grant: Provided further, That for grants under paragraphs 17 (1) and (2), the installation of communications towers is 18 not considered construction of a building or other physical 19 facility: Provided further, That grantees shall provide re20 ports on their use of funds, as determined necessary by 21 the Secretary of Homeland Security: Provided further, 22 That notwithstanding section 509 of this Act, the Admin23 istrator of the Federal Emergency Management Agency 24 may use the funds provided in paragraph (5) to acquire 25 real property for the purpose of establishing or appro- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 657 1 priately extending the security buffer zones around Fed2 eral Emergency Management Agency training facilities. 3 FIREFIGHTER ASSISTANCE GRANTS 4 For grants for programs authorized by the Federal 5 Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 6 et seq.), $690,000,000, to remain available until Sep7 tember 30, 2017, of which $345,000,000 shall be available 8 to carry out section 33 of that Act (15 U.S.C. 2229) and 9 $345,000,000 shall be available to carry out section 34 10 of that Act (15 U.S.C. 2229a). 11 EMERGENCY MANAGEMENT PERFORMANCE GRANTS 12 For emergency management performance grants, as 13 authorized by the National Flood Insurance Act of 1968 14 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster 15 Relief and Emergency Assistance Act (42 U.S.C. 5121 et 16 seq.), the Earthquake Hazards Reduction Act of 1977 (42 17 U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 18 1978 (5 U.S.C. App.), $350,000,000. 19 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM 20 The aggregate charges assessed during fiscal year 21 2016, as authorized in title III of the Departments of Vet22 erans Affairs and Housing and Urban Development, and 23 Independent Agencies Appropriations Act, 1999 (42 24 U.S.C. 5196e), shall not be less than 100 percent of the 25 amounts anticipated by the Department of Homeland Se- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 658 1 curity necessary for its radiological emergency prepared2 ness program for the next fiscal year: Provided, That the 3 methodology for assessment and collection of fees shall be 4 fair and equitable and shall reflect costs of providing such 5 services, including administrative costs of collecting such 6 fees: Provided further, That fees received under this head7 ing shall be deposited in this account as offsetting collec8 tions and will become available for authorized purposes on 9 October 1, 2016, and remain available until expended. 10 11 UNITED STATES FIRE ADMINISTRATION For necessary expenses of the United States Fire Ad- 12 ministration and for other purposes, as authorized by the 13 Federal Fire Prevention and Control Act of 1974 (15 14 U.S.C. 2201 et seq.) and the Homeland Security Act of 15 2002 (6 U.S.C. 101 et seq.), $44,000,000. 16 DISASTER RELIEF FUND 17 (INCLUDING TRANSFER OF FUNDS) 18 For necessary expenses in carrying out the Robert 19 T. Stafford Disaster Relief and Emergency Assistance Act 20 (42 U.S.C. 5121 et seq.), $7,374,693,000 to remain avail21 able until expended, of which $24,000,000 shall be trans22 ferred to the Department of Homeland Security Office of 23 Inspector General for audits and investigations related to 24 disasters: Provided, That the reporting requirements in 25 paragraphs (1) and (2) under the heading ‘‘Federal Emer- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 659 1 gency Management Agency, Disaster Relief Fund’’ in the 2 Department of Homeland Security Appropriations Act, 3 2015 (Public Law 114–4) shall be applied in fiscal year 4 2016 with respect to budget year 2017 and current fiscal 5 year 2016, respectively, by substituting ‘‘fiscal year 2017’’ 6 for ‘‘fiscal year 2016’’ in paragraph (1): Provided further, 7 That of the amount provided under this heading, 8 $6,712,953,000 shall be for major disasters declared pur9 suant to the Robert T. Stafford Disaster Relief and Emer10 gency Assistance Act (42 U.S.C. 5121 et seq.): Provided 11 further, That the amount in the preceding proviso is des12 ignated by the Congress as being for disaster relief pursu13 ant to section 251(b)(2)(D) of the Balanced Budget and 14 Emergency Deficit Control Act of 1985. 15 FLOOD HAZARD MAPPING AND RISK ANALYSIS PROGRAM 16 For necessary expenses, including administrative 17 costs, under section 1360 of the National Flood Insurance 18 Act of 1968 (42 U.S.C. 4101), and under sections 19 100215, 100216, 100226, 100230, and 100246 of the 20 Biggert-Waters Flood Insurance Reform Act of 2012, 21 (Public Law 112–141, 126 Stat. 916), $190,000,000, and 22 such additional sums as may be provided by State and 23 local governments or other political subdivisions for cost24 shared mapping activities under section 1360(f)(2) of such December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 660 1 Act (42 U.S.C. 4101(f)(2)), to remain available until ex2 pended. 3 4 NATIONAL FLOOD INSURANCE FUND For activities under the National Flood Insurance 5 Act of 1968 (42 U.S.C. 4001 et seq.), the Flood Disaster 6 Protection Act of 1973 (42 U.S.C. 4001 et seq.), the 7 Biggert-Waters Flood Insurance Reform Act of 2012 8 (Public Law 112–141, 126 Stat. 916), and the Home9 owner Flood Insurance Affordability Act of 2014 (Public 10 Law 113–89; 128 Stat. 1020), $181,198,000, which shall 11 remain available until September 30, 2017, and shall be 12 derived from offsetting amounts collected under section 13 1308(d) of the National Flood Insurance Act of 1968 (42 14 U.S.C. 4015(d)); of which $25,299,000 shall be available 15 for salaries and expenses associated with flood manage16 ment and flood insurance operations and $155,899,000 17 shall be available for flood plain management and flood 18 mapping: Provided, That any additional fees collected pur19 suant to section 1308(d) of the National Flood Insurance 20 Act of 1968 (42 U.S.C. 4015(d)) shall be credited as an 21 offsetting collection to this account, to be available for 22 flood plain management and flood mapping: Provided fur23 ther, That in fiscal year 2016, no funds shall be available 24 from the National Flood Insurance Fund under section December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 661 1 1310 of the National Flood Insurance Act of 1968 (42 2 U.S.C. 4017) in excess of: 3 (1) $133,252,000 for operating expenses; 4 (2) $1,123,000,000 for commissions and taxes 5 6 7 of agents; (3) such sums as are necessary for interest on Treasury borrowings; and 8 (4) $175,000,000, which shall remain available 9 until expended, for flood mitigation actions and for 10 flood mitigation assistance under section 1366 of the 11 National Flood Insurance Act of 1968 (42 U.S.C. 12 4104c), 13 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017): notwithstanding sections 1366(e) and 14 Provided further, That the amounts collected under section 15 102 of the Flood Disaster Protection Act of 1973 (42 16 U.S.C. 4012a) and section 1366(e) of the National Flood 17 Insurance Act of 1968 shall be deposited in the National 18 Flood Insurance Fund to supplement other amounts speci19 fied as available for section 1366 of the National Flood 20 Insurance Act of 1968, notwithstanding section 102(f)(8), 21 section 1366(e), and paragraphs (1) through (3) of section 22 1367(b) of such Act (42 U.S.C. 4012a(f)(8), 4104c(e), 23 4104d(b)(1)–(3)): Provided further, That total administra24 tive costs shall not exceed 4 percent of the total appropria25 tion: Provided further, That up to $5,000,000 is available December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 662 1 to carry out section 24 of the Homeowner Flood Insurance 2 Affordability Act of 2014 (42 U.S.C. 4033). 3 4 NATIONAL PREDISASTER MITIGATION FUND For the predisaster mitigation grant program under 5 section 203 of the Robert T. Stafford Disaster Relief and 6 Emergency Assistance Act (42 U.S.C. 5133), 7 $100,000,000, to remain available until expended. 8 9 EMERGENCY FOOD AND SHELTER To carry out the Emergency Food and Shelter pro- 10 gram pursuant to title III of the McKinney-Vento Home11 less Assistance Act (42 U.S.C. 11331 et seq.), 12 $120,000,000, to remain available until expended: Pro13 vided, That total administrative costs shall not exceed 3.5 14 percent of the total amount made available under this 15 heading: Provided further, That if the President’s budget 16 proposal for fiscal year 2017, submitted pursuant to sec17 tion 1105(a) of title 31, United States Code, proposes to 18 move the Emergency Food and Shelter program from the 19 Federal Emergency Management Agency to the Depart20 ment of Housing and Urban Development, or to fund such 21 program directly through the Department of Housing and 22 Urban Development, a joint transition plan from the Fed23 eral Emergency Management Agency and the Department 24 of Housing and Urban Development shall be submitted to 25 the Committees on Appropriations of the Senate and the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 663 1 House of Representatives not later than 90 days after the 2 date the fiscal year 2017 budget is submitted to Congress: 3 Provided further, That such plan shall include details on 4 the transition of programmatic responsibilities, efforts to 5 consult with stakeholders, and mechanisms to ensure that 6 the original purpose of the program will be retained. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 664 1 TITLE IV 2 RESEARCH, DEVELOPMENT, TRAINING, AND 3 SERVICES 4 UNITED STATES CITIZENSHIP 5 SERVICES 6 AND IMMIGRATION For necessary expenses for citizenship and immigra- 7 tion services, $119,671,000 for the E-Verify Program, as 8 described in section 403(a) of the Illegal Immigration Re9 form and Immigrant Responsibility Act of 1996 (8 U.S.C. 10 1324a note), to assist United States employers with main11 taining a legal workforce: Provided, That notwithstanding 12 any other provision of law, funds otherwise made available 13 to United States Citizenship and Immigration Services 14 may be used to acquire, operate, equip, and dispose of up 15 to 5 vehicles, for replacement only, for areas where the 16 Administrator of General Services does not provide vehi17 cles for lease: Provided further, That the Director of 18 United States Citizenship and Immigration Services may 19 authorize employees who are assigned to those areas to 20 use such vehicles to travel between the employees’ resi21 dences and places of employment. 22 FEDERAL LAW ENFORCEMENT TRAINING CENTER 23 SALARIES AND EXPENSES 24 For necessary expenses of the Federal Law Enforce- 25 ment Training Center, including materials and support December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 665 1 costs of Federal law enforcement basic training; the pur2 chase of not to exceed 117 vehicles for police-type use and 3 hire of passenger motor vehicles; expenses for student ath4 letic and related activities; the conduct of and participa5 tion in firearms matches and presentation of awards; pub6 lic awareness and enhancement of community support of 7 law enforcement training; room and board for student in8 terns; a flat monthly reimbursement to employees author9 ized to use personal mobile phones for official duties; and 10 services as authorized by section 3109 of title 5, United 11 States Code; $217,485,000; of which up to $38,981,000 12 shall remain available until September 30, 2017, for mate13 rials and support costs of Federal law enforcement basic 14 training; and of which not to exceed $7,180 shall be for 15 official reception and representation expenses: Provided, 16 That the Center is authorized to obligate funds in antici17 pation of reimbursements from agencies receiving training 18 sponsored by the Center, except that total obligations at 19 the end of the fiscal year shall not exceed total budgetary 20 resources available at the end of the fiscal year: Provided 21 further, That section 1202(a) of Public Law 107–206 (42 22 U.S.C. 3771 note), as amended under this heading in Pub23 lic Law 114–4, is further amended by striking ‘‘December 24 31, 2017’’ and inserting ‘‘December 31, 2018’’: Provided 25 further, That the Director of the Federal Law Enforce- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 666 1 ment Training Center shall schedule basic or advanced law 2 enforcement training, or both, at all four training facilities 3 under the control of the Federal Law Enforcement Train4 ing Center to ensure that such training facilities are oper5 ated at the highest capacity throughout the fiscal year: 6 Provided further, That the Federal Law Enforcement 7 Training Accreditation Board, including representatives 8 from the Federal law enforcement community and non9 Federal accreditation experts involved in law enforcement 10 training, shall lead the Federal law enforcement training 11 accreditation process to continue the implementation of 12 measuring and assessing the quality and effectiveness of 13 Federal law enforcement training programs, facilities, and 14 instructors. 15 ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND 16 RELATED EXPENSES 17 For acquisition of necessary additional real property 18 and facilities, construction, and ongoing maintenance, fa19 cility improvements, and related expenses of the Federal 20 Law Enforcement Training Center, $27,553,000, to re21 main available until September 30, 2020: Provided, That 22 the Center is authorized to accept reimbursement to this 23 appropriation from government agencies requesting the 24 construction of special use facilities. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 667 1 2 3 SCIENCE AND TECHNOLOGY MANAGEMENT AND ADMINISTRATION For salaries and expenses of the Office of the Under 4 Secretary for Science and Technology and for manage5 ment and administration of programs and activities, as 6 authorized by title III of the Homeland Security Act of 7 2002 (6 U.S.C. 181 et seq.), $131,531,000: Provided, 8 That not to exceed $7,650 shall be for official reception 9 and representation expenses. 10 RESEARCH, DEVELOPMENT, ACQUISITION, AND 11 OPERATIONS 12 For necessary expenses for science and technology re- 13 search, including advanced research projects, development, 14 test and evaluation, acquisition, and operations as author15 ized by title III of the Homeland Security Act of 2002 16 (6 U.S.C. 181 et seq.), and the purchase or lease of not 17 to exceed 5 vehicles, $655,407,000, to remain available 18 until September 30, 2018. 19 DOMESTIC NUCLEAR DETECTION OFFICE 20 MANAGEMENT AND ADMINISTRATION 21 For salaries and expenses of the Domestic Nuclear 22 Detection Office, as authorized by title XIX of the Home23 land Security Act of 2002 (6 U.S.C. 591 et seq.), for man24 agement and administration of programs and activities, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 668 1 $38,109,000: Provided, That not to exceed $2,250 shall 2 be for official reception and representation expenses. 3 4 RESEARCH, DEVELOPMENT, AND OPERATIONS For necessary expenses for radiological and nuclear 5 research, development, testing, evaluation, and operations, 6 $196,000,000, to remain available until September 30, 7 2018. 8 9 SYSTEMS ACQUISITION For necessary expenses for the Domestic Nuclear De- 10 tection Office acquisition and deployment of radiological 11 detection systems in accordance with the global nuclear 12 detection architecture, $113,011,000, to remain available 13 until September 30, 2018. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 669 1 TITLE V 2 GENERAL PROVISIONS 3 (INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS) 4 SEC. 501. No part of any appropriation contained in 5 this Act shall remain available for obligation beyond the 6 current fiscal year unless expressly so provided herein. 7 SEC. 502. Subject to the requirements of section 503 8 of this Act, the unexpended balances of prior appropria9 tions provided for activities in this Act may be transferred 10 to appropriation accounts for such activities established 11 pursuant to this Act, may be merged with funds in the 12 applicable established accounts, and thereafter may be ac13 counted for as one fund for the same time period as origi14 nally enacted. 15 SEC. 503. (a) None of the funds provided by this Act, 16 provided by previous appropriations Acts to the agencies 17 in or transferred to the Department of Homeland Security 18 that remain available for obligation or expenditure in fiscal 19 year 2016, or provided from any accounts in the Treasury 20 of the United States derived by the collection of fees avail21 able to the agencies funded by this Act, shall be available 22 for obligation or expenditure through a reprogramming of 23 funds that— 24 (1) creates a new program, project, or activity; 25 (2) eliminates a program, project, or activity; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 670 1 (3) increases funds for any program, project, or 2 activity for which funds have been denied or re- 3 stricted by the Congress; 4 (4) contracts out any function or activity pres- 5 ently performed by Federal employees or any new 6 function or activity proposed to be performed by 7 Federal employees in the President’s budget pro- 8 posal for fiscal year 2016 for the Department of 9 Homeland Security; 10 (5) augments existing programs, projects, or ac- 11 tivities in excess of $5,000,000 or 10 percent, which- 12 ever is less; 13 14 (6) reduces any program, project, or activity, or numbers of personnel by 10 percent; or 15 (7) results from any general savings from a re- 16 duction in personnel that would result in a change 17 in existing programs, projects, or activities as ap- 18 proved by the Congress, unless the Committees on 19 Appropriations of the Senate and the House of Rep- 20 resentatives are notified 15 days in advance of such 21 reprogramming of funds. 22 (b) Not to exceed 5 percent of any appropriation 23 made available for the current fiscal year for the Depart24 ment of Homeland Security by this Act or provided by December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 671 1 previous appropriations Acts may be transferred between 2 such appropriations. 3 (c) Any transfer under this section shall be treated 4 as a reprogramming of funds under subsection (a) and 5 shall not be available for obligation unless the Committees 6 on Appropriations of the Senate and the House of Rep7 resentatives are notified 15 days in advance of such trans8 fer. 9 (d) Notwithstanding subsections (a), (b), and (c), no 10 funds shall be reprogrammed within or transferred be11 tween appropriations based upon an initial notification 12 provided after June 30, except in extraordinary cir13 cumstances that imminently threaten the safety of human 14 life or the protection of property. 15 (e) The notification thresholds and procedures set 16 forth in this section shall apply to any use of deobligated 17 balances of funds provided in previous Department of 18 Homeland Security Appropriations Acts. 19 SEC. 504. The Department of Homeland Security 20 Working Capital Fund, established pursuant to section 21 403 of Public Law 103–356 (31 U.S.C. 501 note), shall 22 continue operations as a permanent working capital fund 23 for fiscal year 2016: Provided, That none of the funds ap24 propriated or otherwise made available to the Department 25 of Homeland Security may be used to make payments to December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 672 1 the Working Capital Fund, except for the activities and 2 amounts allowed in the President’s fiscal year 2016 budg3 et: Provided further, That funds provided to the Working 4 Capital Fund shall be available for obligation until ex5 pended to carry out the purposes of the Working Capital 6 Fund: Provided further, That all Departmental compo7 nents shall be charged only for direct usage of each Work8 ing Capital Fund service: Provided further, That funds 9 provided to the Working Capital Fund shall be used only 10 for purposes consistent with the contributing component: 11 Provided further, That the Working Capital Fund shall be 12 paid in advance or reimbursed at rates which will return 13 the full cost of each service: Provided further, That the 14 Committees on Appropriations of the Senate and the 15 House of Representatives shall be notified of any activity 16 added to or removed from the fund: Provided further, That 17 for any activity added to the fund, the notification shall 18 identify sources of funds by program, project, and activity: 19 Provided further, That the Chief Financial Officer of the 20 Department of Homeland Security shall submit a quar21 terly execution report with activity level detail, not later 22 than 30 days after the end of each quarter. 23 SEC. 505. Except as otherwise specifically provided 24 by law, not to exceed 50 percent of unobligated balances 25 remaining available at the end of fiscal year 2016, as re- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 673 1 corded in the financial records at the time of a reprogram2 ming request, but not later than June 30, 2017, from ap3 propriations for salaries and expenses for fiscal year 2016 4 in this Act shall remain available through September 30, 5 2017, in the account and for the purposes for which the 6 appropriations were provided: Provided, That prior to the 7 obligation of such funds, a request shall be submitted to 8 the Committees on Appropriations of the Senate and the 9 House of Representatives for approval in accordance with 10 section 503 of this Act. 11 SEC. 506. Funds made available by this Act for intel- 12 ligence activities are deemed to be specifically authorized 13 by the Congress for purposes of section 504 of the Na14 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 15 year 2016 until the enactment of an Act authorizing intel16 ligence activities for fiscal year 2016. 17 SEC. 507. (a) Except as provided in subsections (b) 18 and (c), none of the funds made available by this Act may 19 be used to— 20 (1) make or award a grant allocation, grant, 21 contract, other transaction agreement, or task or de- 22 livery order on a Department of Homeland Security 23 multiple award contract, or to issue a letter of intent 24 totaling in excess of $1,000,000; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 674 1 (2) award a task or delivery order requiring an 2 obligation of funds in an amount greater than 3 $10,000,000 from multi-year Department of Home- 4 land Security funds; 5 (3) make a sole-source grant award; or 6 (4) announce publicly the intention to make or 7 award items under paragraph (1), (2), or (3) includ- 8 ing a contract covered by the Federal Acquisition 9 Regulation. 10 (b) The Secretary of Homeland Security may waive 11 the prohibition under subsection (a) if the Secretary noti12 fies the Committees on Appropriations of the Senate and 13 the House of Representatives at least 3 full business days 14 in advance of making an award or issuing a letter as de15 scribed in that subsection. 16 (c) If the Secretary of Homeland Security determines 17 that compliance with this section would pose a substantial 18 risk to human life, health, or safety, an award may be 19 made without notification, and the Secretary shall notify 20 the Committees on Appropriations of the Senate and the 21 House of Representatives not later than 5 full business 22 days after such an award is made or letter issued. 23 24 25 December 16, 2015 (1:04 a.m.) (d) A notification under this section— (1) may not involve funds that are not available for obligation; and U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 675 1 (2) shall include the amount of the award; the 2 fiscal year for which the funds for the award were 3 appropriated; the type of contract; and the account 4 from which the funds are being drawn. 5 (e) The Administrator of the Federal Emergency 6 Management Agency shall brief the Committees on Appro7 priations of the Senate and the House of Representatives 8 5 full business days in advance of announcing publicly the 9 intention of making an award under ‘‘State and Local 10 Programs’’. 11 SEC. 508. Notwithstanding any other provision of 12 law, no agency shall purchase, construct, or lease any ad13 ditional facilities, except within or contiguous to existing 14 locations, to be used for the purpose of conducting Federal 15 law enforcement training without advance notification to 16 the Committees on Appropriations of the Senate and the 17 House of Representatives, except that the Federal Law 18 Enforcement Training Center is authorized to obtain the 19 temporary use of additional facilities by lease, contract, 20 or other agreement for training that cannot be accommo21 dated in existing Center facilities. 22 SEC. 509. None of the funds appropriated or other- 23 wise made available by this Act may be used for expenses 24 for any construction, repair, alteration, or acquisition 25 project for which a prospectus otherwise required under December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 676 1 chapter 33 of title 40, United States Code, has not been 2 approved, except that necessary funds may be expended 3 for each project for required expenses for the development 4 of a proposed prospectus. 5 SEC. 510. (a) Sections 520, 522, and 530 of the De- 6 partment of Homeland Security Appropriations Act, 2008 7 (division E of Public Law 110–161; 121 Stat. 2073 and 8 2074) shall apply with respect to funds made available in 9 this Act in the same manner as such sections applied to 10 funds made available in that Act. 11 (b) The third proviso of section 537 of the Depart- 12 ment of Homeland Security Appropriations Act, 2006 (6 13 U.S.C. 114), shall hereafter not apply with respect to 14 funds made available in this or any other Act. 15 (c) Section 525 of Public Law 109–90 is amended 16 by striking ‘‘thereafter’’, and section 554 of Public Law 17 111–83 is amended by striking ‘‘and shall report annually 18 thereafter’’. 19 SEC. 511. None of the funds made available in this 20 Act may be used in contravention of the applicable provi21 sions of the Buy American Act. For purposes of the pre22 ceding sentence, the term ‘‘Buy American Act’’ means 23 chapter 83 of title 41, United States Code. 24 SEC. 512. None of the funds made available in this 25 Act may be used to amend the oath of allegiance required December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 677 1 by section 337 of the Immigration and Nationality Act 2 (8 U.S.C. 1448). 3 SEC. 513. Not later than 30 days after the last day 4 of each month, the Chief Financial Officer of the Depart5 ment of Homeland Security shall submit to the Commit6 tees on Appropriations of the Senate and the House of 7 Representatives a monthly budget and staffing report for 8 that month that includes total obligations of the Depart9 ment for that month for the fiscal year at the appropria10 tion and program, project, and activity levels, by the 11 source year of the appropriation: Provided, That total obli12 gations for staffing shall also be provided by subcategory 13 of on-board and funded full-time equivalent staffing levels, 14 respectively: Provided further, That the report shall specify 15 the number of, and total obligations for, contract employ16 ees for each office of the Department. 17 SEC. 514. Except as provided in section 44945 of title 18 49, United States Code, funds appropriated or transferred 19 to Transportation Security Administration ‘‘Aviation Se20 curity’’, ‘‘Administration’’, and ‘‘Transportation Security 21 Support’’ for fiscal years 2004 and 2005 that are recov22 ered or deobligated shall be available only for the procure23 ment or installation of explosives detection systems, air 24 cargo, baggage, and checkpoint screening systems, subject 25 to notification: Provided, That semiannual reports shall be December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 678 1 submitted to the Committees on Appropriations of the 2 Senate and the House of Representatives on any funds 3 that are recovered or deobligated. 4 SEC. 515. None of the funds appropriated by this Act 5 may be used to process or approve a competition under 6 Office of Management and Budget Circular A–76 for serv7 ices provided by employees (including employees serving 8 on a temporary or term basis) of United States Citizen9 ship and Immigration Services of the Department of 10 Homeland Security who are known as Immigration Infor11 mation Officers, Immigration Service Analysts, Contact 12 Representatives, Investigative Assistants, or Immigration 13 Services Officers. 14 SEC. 516. Any funds appropriated to ‘‘Coast Guard, 15 Acquisition, Construction, and Improvements’’ for fiscal 16 years 2002, 2003, 2004, 2005, and 2006 for the 110– 17 123 foot patrol boat conversion that are recovered, col18 lected, or otherwise received as the result of negotiation, 19 mediation, or litigation, shall be available until expended 20 for the Fast Response Cutter program. 21 SEC. 517. The functions of the Federal Law Enforce- 22 ment Training Center instructor staff shall be classified 23 as inherently governmental for the purpose of the Federal 24 Activities Inventory Reform Act of 1998 (31 U.S.C. 501 25 note). December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 679 1 SEC. 518. (a) The Secretary of Homeland Security 2 shall submit a report not later than October 15, 2016, 3 to the Inspector General of the Department of Homeland 4 Security listing all grants and contracts awarded by any 5 means other than full and open competition during fiscal 6 year 2016. 7 (b) The Inspector General shall review the report re- 8 quired by subsection (a) to assess Departmental compli9 ance with applicable laws and regulations and report the 10 results of that review to the Committees on Appropriations 11 of the Senate and the House of Representatives not later 12 than February 15, 2017. 13 SEC. 519. None of the funds provided by this or pre- 14 vious appropriations Acts shall be used to fund any posi15 tion designated as a Principal Federal Official (or the suc16 cessor thereto) for any Robert T. Stafford Disaster Relief 17 and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 18 declared disasters or emergencies unless— 19 (1) the responsibilities of the Principal Federal 20 Official do not include operational functions related 21 to incident management, including coordination of 22 operations, and are consistent with the requirements 23 of section 509(c) and sections 503(c)(3) and 24 503(c)(4)(A) of the Homeland Security Act of 2002 25 (6 U.S.C. 319(c), 313(c)(3), and 313(c)(4)(A)) and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 680 1 section 302 of the Robert T. Stafford Disaster Relief 2 and Assistance Act (42 U.S.C. 5143); 3 (2) not later than 10 business days after the 4 latter of the date on which the Secretary of Home- 5 land Security appoints the Principal Federal Official 6 and the date on which the President issues a dec- 7 laration under section 401 or section 501 of the 8 Robert T. Stafford Disaster Relief and Emergency 9 Assistance Act (42 U.S.C. 5170 and 5191, respec- 10 tively), the Secretary of Homeland Security shall 11 submit a notification of the appointment of the Prin- 12 cipal Federal Official and a description of the re- 13 sponsibilities of such Official and how such respon- 14 sibilities are consistent with paragraph (1) to the 15 Committees on Appropriations of the Senate and the 16 House of Representatives, the Committee on Home- 17 land Security and Governmental Affairs of the Sen- 18 ate, and the Committee on Transportation and In- 19 frastructure of the House of Representatives; and 20 (3) not later than 60 days after the date of en- 21 actment of this Act, the Secretary shall provide a re- 22 port specifying timeframes and milestones regarding 23 the update of operations, planning and policy docu- 24 ments, and training and exercise protocols, to ensure 25 consistency with paragraph (1) of this section. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 681 1 SEC. 520. None of the funds provided or otherwise 2 made available in this Act shall be available to carry out 3 section 872 of the Homeland Security Act of 2002 (6 4 U.S.C. 452) unless explicitly authorized by Congress. 5 SEC. 521. (a) None of the funds appropriated by this 6 or previous appropriations Acts may be used to establish 7 an Office of Chemical, Biological, Radiological, Nuclear, 8 and Explosives Defense until such time as Congress has 9 authorized such establishment. 10 (b) Subject to the limitation in subsection (a) and 11 notwithstanding section 503 of this Act, the Secretary 12 may transfer funds for the purpose of executing authoriza13 tion of the Office of Chemical, Biological, Radiological, 14 Nuclear, and Explosives Defense. 15 (c) Not later than 15 days before transferring funds 16 pursuant to subsection (b), the Secretary of Homeland Se17 curity shall submit a report to the Committees on Appro18 priations of the Senate and the House of Representatives, 19 the Committee on Homeland Security and Governmental 20 Affairs of the Senate, and the Committee on Homeland 21 Security of the House of Representatives on— 22 23 24 25 December 16, 2015 (1:04 a.m.) (1) the transition plan for the establishment of the office; and (2) the funds and positions to be transferred by source. U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 682 1 SEC. 522. None of the funds made available in this 2 Act may be used by United States Citizenship and Immi3 gration Services to grant an immigration benefit unless 4 the results of background checks required by law to be 5 completed prior to the granting of the benefit have been 6 received by United States Citizenship and Immigration 7 Services, and the results do not preclude the granting of 8 the benefit. 9 SEC. 523. Section 831 of the Homeland Security Act 10 of 2002 (6 U.S.C. 391) is amended— 11 (1) in subsection (a), by striking ‘‘Until Sep- 12 tember 30, 2015,’’ and inserting ‘‘Until September 13 30, 2016,’’; and 14 (2) in subsection (c)(1), by striking ‘‘September 15 30, 2015,’’ and inserting ‘‘September 30, 2016,’’. 16 SEC. 524. The Secretary of Homeland Security shall 17 require that all contracts of the Department of Homeland 18 Security that provide award fees link such fees to success19 ful acquisition outcomes (which outcomes shall be speci20 fied in terms of cost, schedule, and performance). 21 SEC. 525. Notwithstanding any other provision of 22 law, none of the funds provided in this or any other Act 23 shall be used to approve a waiver of the navigation and 24 vessel-inspection laws pursuant to 46 U.S.C. 501(b) for 25 the transportation of crude oil distributed from and to the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 683 1 Strategic Petroleum Reserve until the Secretary of Home2 land Security, after consultation with the Secretaries of 3 the Departments of Energy and Transportation and rep4 resentatives from the United States flag maritime indus5 try, takes adequate measures to ensure the use of United 6 States flag vessels: Provided, That the Secretary shall no7 tify the Committees on Appropriations of the Senate and 8 the House of Representatives, the Committee on Com9 merce, Science, and Transportation of the Senate, and the 10 Committee on Transportation and Infrastructure of the 11 House of Representatives within 2 business days of any 12 request for waivers of navigation and vessel-inspection 13 laws pursuant to 46 U.S.C. 501(b). 14 SEC. 526. None of the funds made available in this 15 Act for U.S. Customs and Border Protection may be used 16 to prevent an individual not in the business of importing 17 a prescription drug (within the meaning of section 801(g) 18 of the Federal Food, Drug, and Cosmetic Act) from im19 porting a prescription drug from Canada that complies 20 with the Federal Food, Drug, and Cosmetic Act: Provided, 21 That this section shall apply only to individuals trans22 porting on their person a personal-use quantity of the pre23 scription drug, not to exceed a 90-day supply: Provided 24 further, That the prescription drug may not be— December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 684 1 (1) a controlled substance, as defined in section 2 102 of the Controlled Substances Act (21 U.S.C. 3 802); or 4 (2) a biological product, as defined in section 5 351 of the Public Health Service Act (42 U.S.C. 6 262). 7 SEC. 527. None of the funds in this Act shall be used 8 to reduce the Coast Guard’s Operations Systems Center 9 mission or its government-employed or contract staff lev10 els. 11 SEC. 528. The Secretary of Homeland Security, in 12 consultation with the Secretary of the Treasury, shall no13 tify the Committees on Appropriations of the Senate and 14 the House of Representatives of any proposed transfers 15 of funds available under section 9703.1(g)(4)(B) of title 16 31, United States Code (as added by Public Law 102– 17 393) from the Department of the Treasury Forfeiture 18 Fund to any agency within the Department of Homeland 19 Security: Provided, That none of the funds identified for 20 such a transfer may be obligated until the Committees on 21 Appropriations of the Senate and the House of Represent22 atives approve the proposed transfers. 23 SEC. 529. None of the funds made available in this 24 Act may be used for planning, testing, piloting, or devel25 oping a national identification card. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 685 1 SEC. 530. None of the funds appropriated by this Act 2 may be used to conduct, or to implement the results of, 3 a competition under Office of Management and Budget 4 Circular A–76 for activities performed with respect to the 5 Coast Guard National Vessel Documentation Center. 6 SEC. 531. Any official that is required by this Act 7 to report or to certify to the Committees on Appropria8 tions of the Senate and the House of Representatives may 9 not delegate such authority to perform that act unless spe10 cifically authorized herein. 11 SEC. 532. None of the funds appropriated or other- 12 wise made available in this or any other Act may be used 13 to transfer, release, or assist in the transfer or release to 14 or within the United States, its territories, or possessions 15 Khalid Sheikh Mohammed or any other detainee who— 16 17 (1) is not a United States citizen or a member of the Armed Forces of the United States; and 18 (2) is or was held on or after June 24, 2009, 19 at the United States Naval Station, Guantanamo 20 Bay, Cuba, by the Department of Defense. 21 SEC. 533. None of the funds made available in this 22 Act may be used for first-class travel by the employees 23 of agencies funded by this Act in contravention of sections 24 301–10.122 through 301–10.124 of title 41, Code of Fed25 eral Regulations. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 686 1 SEC. 534. None of the funds made available in this 2 Act may be used to employ workers described in section 3 274A(h)(3) of the Immigration and Nationality Act (8 4 U.S.C. 1324a(h)(3)). 5 SEC. 535. Funds made available in this Act may be 6 used to alter operations within the Civil Engineering Pro7 gram of the Coast Guard nationwide, including civil engi8 neering units, facilities design and construction centers, 9 maintenance and logistics commands, and the Coast 10 Guard Academy, except that none of the funds provided 11 in this Act may be used to reduce operations within any 12 civil engineering unit unless specifically authorized by a 13 statute enacted after the date of enactment of this Act. 14 SEC. 536. Notwithstanding any other provision of 15 this Act, none of the funds appropriated or otherwise 16 made available by this Act may be used to pay award or 17 incentive fees for contractor performance that has been 18 judged to be below satisfactory performance or perform19 ance that does not meet the basic requirements of a con20 tract. 21 SEC. 537. In developing any process to screen avia- 22 tion passengers and crews for transportation or national 23 security purposes, the Secretary of Homeland Security 24 shall ensure that all such processes take into consideration December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 687 1 such passengers’ and crews’ privacy and civil liberties con2 sistent with applicable laws, regulations, and guidance. 3 SEC. 538. (a) Notwithstanding section 1356(n) of 4 title 8, United States Code, of the funds deposited into 5 the Immigration Examinations Fee Account, up to 6 $10,000,000 may be allocated by United States Citizen7 ship and Immigration Services in fiscal year 2016 for the 8 purpose of providing an immigrant integration grants pro9 gram. 10 (b) None of the funds made available to United 11 States Citizenship and Immigration Services for grants for 12 immigrant integration may be used to provide services to 13 aliens who have not been lawfully admitted for permanent 14 residence. 15 SEC. 539. For an additional amount for the ‘‘Office 16 of the Under Secretary for Management’’, $215,679,000, 17 to remain available until expended, for necessary expenses 18 to plan, acquire, design, construct, renovate, remediate, 19 equip, furnish, improve infrastructure, and occupy build20 ings and facilities for the Department headquarters con21 solidation project and associated mission support consoli22 dation: Provided, That the Committees on Appropriations 23 of the Senate and the House of Representatives shall re24 ceive an expenditure plan not later than 90 days after the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 688 1 date of enactment of this Act detailing the allocation of 2 these funds. 3 SEC. 540. None of the funds appropriated or other- 4 wise made available by this Act may be used by the De5 partment of Homeland Security to enter into any Federal 6 contract unless such contract is entered into in accordance 7 with the requirements of subtitle I of title 41, United 8 States Code, or chapter 137 of title 10, United States 9 Code, and the Federal Acquisition Regulation, unless such 10 contract is otherwise authorized by statute to be entered 11 into without regard to the above referenced statutes. 12 SEC. 541. (a) For an additional amount for financial 13 systems modernization, $52,977,000 to remain available 14 until September 30, 2017. 15 (b) Funds made available in subsection (a) for finan- 16 cial systems modernization may be transferred by the Sec17 retary of Homeland Security between appropriations for 18 the same purpose, notwithstanding section 503 of this Act. 19 (c) No transfer described in subsection (b) shall occur 20 until 15 days after the Committees on Appropriations of 21 the Senate and the House of Representatives are notified 22 of such transfer. 23 SEC. 542. (a) For an additional amount for 24 cybersecurity to safeguard and enhance Department of 25 Homeland December 16, 2015 (1:04 a.m.) Security systems and capabilities, U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 689 1 $100,000,000 to remain available until September 30, 2 2017. 3 (b) Funds made available in subsection (a) for 4 cybersecurity may be transferred by the Secretary of 5 Homeland Security between appropriations for the same 6 purpose, notwithstanding section 503 of this Act. 7 (c) No transfer described in subsection (b) shall occur 8 until 15 days after the Committees on Appropriations of 9 the Senate and the House of Representatives are notified 10 of such transfer. 11 SEC. 543. (a) For an additional amount for emergent 12 threats from violent extremism and from complex, coordi13 nated terrorist attacks, $50,000,000 to remain available 14 until September 30, 2017. 15 (b) Funds made available in subsection (a) for emer- 16 gent threats may be transferred by the Secretary of 17 Homeland Security between appropriations for the same 18 purpose, notwithstanding section 503 of this Act. 19 (c) No transfer described in subsection (b) shall occur 20 until 15 days after the Committees on Appropriations of 21 the Senate and the House of Representatives are notified 22 of such transfer. 23 SEC. 544. The Secretary of Homeland Security may 24 transfer to the fund established by 8 U.S.C. 1101 note, 25 up to $20,000,000 from appropriations available to the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 690 1 Department of Homeland Security: Provided, That the 2 Secretary shall notify the Committees on Appropriations 3 of the Senate and the House of Representatives 5 days 4 in advance of such transfer. 5 SEC. 545. The Secretary of Homeland Security shall 6 ensure enforcement of all immigration laws (as defined in 7 section 101(a)(17) of the Immigration and Nationality Act 8 (8 U.S.C. 1101(a)(17))). 9 SEC. 546. (a) None of the funds made available in 10 this Act may be used to maintain or establish a computer 11 network unless such network blocks the viewing, 12 downloading, and exchanging of pornography. 13 (b) Nothing in subsection (a) shall limit the use of 14 funds necessary for any Federal, State, tribal, or local law 15 enforcement agency or any other entity carrying out crimi16 nal investigations, prosecution, or adjudication activities. 17 SEC. 547. None of the funds made available in this 18 Act may be used by a Federal law enforcement officer to 19 facilitate the transfer of an operable firearm to an indi20 vidual if the Federal law enforcement officer knows or sus21 pects that the individual is an agent of a drug cartel unless 22 law enforcement personnel of the United States continu23 ously monitor or control the firearm at all times. 24 SEC. 548. None of the funds provided in this or any 25 other Act may be obligated to implement the National Pre- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 691 1 paredness Grant Program or any other successor grant 2 programs unless explicitly authorized by Congress. 3 SEC. 549. None of the funds made available in this 4 Act may be used to provide funding for the position of 5 Public Advocate, or a successor position, within U.S. Im6 migration and Customs Enforcement. 7 SEC. 550. Section 559(e)(3)(D) of Public Law 113– 8 76 is amended by striking ‘‘five pilots per year’’ and in9 serting ‘‘10 pilots per year’’. 10 SEC. 551. None of the funds made available in this 11 Act may be used to pay for the travel to or attendance 12 of more than 50 employees of a single component of the 13 Department of Homeland Security, who are stationed in 14 the United States, at a single international conference un15 less the Secretary of Homeland Security, or a designee, 16 determines that such attendance is in the national interest 17 and notifies the Committees on Appropriations of the Sen18 ate and the House of Representatives within at least 10 19 days of that determination and the basis for that deter20 mination: Provided, That for purposes of this section the 21 term ‘‘international conference’’ shall mean a conference 22 occurring outside of the United States attended by rep23 resentatives of the United States Government and of for24 eign governments, international organizations, or non25 governmental organizations: Provided further, That the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 692 1 total cost to the Department of Homeland Security of any 2 such conference shall not exceed $500,000. 3 SEC. 552. None of the funds made available in this 4 Act may be used to reimburse any Federal department 5 or agency for its participation in a National Special Secu6 rity Event. 7 SEC. 553. With the exception of countries with 8 preclearance facilities in service prior to 2013, none of the 9 funds made available in this Act may be used for new U.S. 10 Customs and Border Protection air preclearance agree11 ments entering into force after February 1, 2014, unless: 12 (1) the Secretary of Homeland Security, in consultation 13 with the Secretary of State, has certified to Congress that 14 air preclearance operations at the airport provide a home15 land or national security benefit to the United States; (2) 16 U.S. passenger air carriers are not precluded from oper17 ating at existing preclearance locations; and (3) a U.S. 18 passenger air carrier is operating at all airports con19 templated for establishment of new air preclearance oper20 ations. 21 SEC. 554. None of the funds made available by this 22 or any other Act may be used by the Administrator of 23 the Transportation Security Administration to implement, 24 administer, or enforce, in abrogation of the responsibility 25 described in section 44903(n)(1) of title 49, United States December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 693 1 Code, any requirement that airport operators provide air2 port-financed staffing to monitor exit points from the ster3 ile area of any airport at which the Transportation Secu4 rity Administration provided such monitoring as of De5 cember 1, 2013. 6 SEC. 555. The administrative law judge annuitants 7 participating in the Senior Administrative Law Judge 8 Program managed by the Director of the Office of Per9 sonnel Management under section 3323 of title 5, United 10 States Code, shall be available on a temporary reemploy11 ment basis to conduct arbitrations of disputes arising from 12 delivery of assistance under the Federal Emergency Man13 agement Agency Public Assistance Program. 14 SEC. 556. As authorized by section 601(b) of the 15 United States-Colombia Trade Promotion Agreement Im16 plementation Act (Public Law 112–42) fees collected from 17 passengers arriving from Canada, Mexico, or an adjacent 18 island pursuant to section 13031(a)(5) of the Consolidated 19 Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 20 58c(a)(5)) shall be available until expended. 21 SEC. 557. None of the funds made available to the 22 Department of Homeland Security by this or any other 23 Act may be obligated for any structural pay reform that 24 affects more than 100 full-time equivalent employee posi25 tions or costs more than $5,000,000 in a single year be- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 694 1 fore the end of the 30-day period beginning on the date 2 on which the Secretary of Homeland Security submits to 3 Congress a notification that includes— 4 5 (1) the number of full-time equivalent employee positions affected by such change; 6 (2) funding required for such change for the 7 current year and through the Future Years Home- 8 land Security Program; 9 (3) justification for such change; and 10 (4) an analysis of compensation alternatives to 11 such change that were considered by the Depart- 12 ment. 13 SEC. 558. (a) Any agency receiving funds made avail- 14 able in this Act shall, subject to subsections (b) and (c), 15 post on the public Web site of that agency any report re16 quired to be submitted by the Committees on Appropria17 tions of the Senate and the House of Representatives in 18 this Act, upon the determination by the head of the agency 19 that it shall serve the national interest. 20 (b) Subsection (a) shall not apply to a report if— 21 (1) the public posting of the report com- 22 promises homeland or national security; or 23 (2) the report contains proprietary information. 24 (c) The head of the agency posting such report shall 25 do so only after such report has been made available to December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 695 1 the requesting Committee or Committees of Congress for 2 no less than 45 days except as otherwise specified in law. 3 SEC. 559. (a) IN GENERAL.—Beginning on the date 4 of enactment of this Act, the Secretary of Homeland Secu5 rity shall not— 6 (1) establish, collect, or otherwise impose any 7 new border crossing fee on individuals crossing the 8 Southern border or the Northern border at a land 9 port of entry; or 10 (2) conduct any study relating to the imposition 11 of a border crossing fee. 12 (b) BORDER CROSSING FEE DEFINED.—In this sec- 13 tion, the term ‘‘border crossing fee’’ means a fee that 14 every pedestrian, cyclist, and driver and passenger of a 15 private motor vehicle is required to pay for the privilege 16 of crossing the Southern border or the Northern border 17 at a land port of entry. 18 SEC. 560. Notwithstanding any other provision of 19 law, grants awarded to States along the Southwest Border 20 of the United States under sections 2003 or 2004 of the 21 Homeland Security Act of 2002 (6 U.S.C. 604 and 605) 22 using funds provided under the heading ‘‘Federal Emer23 gency Management Agency, State and Local Programs’’ 24 in this Act, Public Law 114–4, division F of Public Law 25 113–76, or division D of Public Law 113–6 may be used December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 696 1 by recipients or sub-recipients for costs, or reimbursement 2 of costs, related to providing humanitarian relief to unac3 companied alien children and alien adults accompanied by 4 an alien minor where they are encountered after entering 5 the United States, provided that such costs were incurred 6 between January 1, 2014, and December 31, 2014, or 7 during the award period of performance. 8 SEC. 561. (a) Each major acquisition program of the 9 Department of Homeland Security, as defined in Depart10 ment of Homeland Security Management Directive 102– 11 2, shall meet established acquisition documentation re12 quirements for its acquisition program baseline established 13 in the Department of Homeland Security Instruction 14 Manual 102–01–001 and the Department of Homeland 15 Security Acquisition Instruction/Guidebook 102–01–001, 16 Appendix K. 17 (b) The Department shall report to the Committees 18 on Appropriations of the Senate and the House of Rep19 resentatives in the Comprehensive Acquisition Status Re20 port and its quarterly updates, required under the heading 21 ‘‘Office of the Under Secretary for Management’’ of this 22 Act, on any major acquisition program that does not meet 23 such documentation requirements and the schedule by 24 which the program will come into compliance with these 25 requirements. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 697 1 (c) None of the funds made available by this or any 2 other Act for any fiscal year may be used for a major ac3 quisition program that is out of compliance with such doc4 umentation requirements for more than two years except 5 that funds may be used solely to come into compliance 6 with such documentation requirements or to terminate the 7 program. 8 SEC. 562. None of the funds appropriated by this or 9 any other Act shall be used to pay the salaries and ex10 penses of personnel who prepare or submit appropriations 11 language as part of the President’s budget proposal to the 12 Congress of the United States for programs under the ju13 risdiction of the Appropriations Subcommittees on the De14 partment of Homeland Security that assumes revenues or 15 reflects a reduction from the previous year due to user 16 fees proposals that have not been enacted into law prior 17 to the submission of the budget unless such budget sub18 mission identifies which additional spending reductions 19 should occur in the event the user fees proposals are not 20 enacted prior to the date of the convening of a committee 21 of conference for the fiscal year 2017 appropriations Act. 22 SEC. 563. (a) The Secretary of Homeland Security 23 may include, in the President’s budget proposal for fiscal 24 year 2017, submitted pursuant to section 1105(a) of title 25 31, United States Code, and accompanying justification December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 698 1 materials, an account structure under which each appro2 priation under each agency heading either remains the 3 same as fiscal year 2016 or falls within the following cat4 egories of appropriations: 5 (1) Operations and Support. 6 (2) Procurements, Construction, and Improve- 7 ments. 8 (3) Research and Development. 9 (4) Federal Assistance. 10 (b) The Under Secretary for Management, acting 11 through the Chief Financial Officer, shall determine and 12 provide centralized guidance to each agency on how to 13 structure appropriations for purposes of subsection (a). 14 (c) Not earlier than October 1, 2016, the accounts 15 designated under subsection (a) may be established, and 16 the Secretary of Homeland Security may execute appro17 priations of the Department as provided pursuant to such 18 subsection, including any continuing appropriations made 19 available for fiscal year 2017 before enactment of a reg20 ular appropriations Act. 21 (d) Notwithstanding any other provision of law, the 22 Secretary of Homeland Security may transfer any appro23 priation made available to the Department of Homeland 24 Security by any appropriations Acts to the accounts cre25 ated pursuant to subsection (c) to carry out the require- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 699 1 ments of such subsection, and shall notify the Committees 2 on Appropriations of the Senate and the House of Rep3 resentatives within 5 days of each transfer. 4 (e)(1) Not later than November 1, 2016, the Sec- 5 retary of Homeland Security shall establish the prelimi6 nary baseline for application of reprogramming and trans7 fer authorities and submit the report specified in para8 graph (2) to the Committees on Appropriations of the 9 Senate and the House of Representatives. 10 (2) The report required in this subsection shall in- 11 clude— 12 (A) a delineation of the amount and account of 13 each transfer made pursuant to subsection (c) or 14 (d); 15 (B) a table for each appropriation with a sepa- 16 rate column to display the President’s budget pro- 17 posal, adjustments made by Congress, adjustments 18 due to enacted rescissions, if appropriate, adjust- 19 ments made pursuant to the transfer authority in 20 subsection (c) or (d), and the fiscal year level; 21 (C) a delineation in the table for each appro- 22 priation, adjusted as described in paragraph (2), 23 both by budget activity and program, project, and 24 activity as detailed in the Budget Appendix; and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 700 1 (D) an identification of funds directed for a 2 specific activity. 3 (f) The Secretary shall not exercise the authority pro- 4 vided in subsections (c), (d), and (e) unless, not later than 5 April 1, 2016, the Chief Financial Officer has submitted 6 to the Committees on Appropriations of the Senate and 7 the House of Representatives— 8 (1) technical assistance on new legislative lan- 9 guage in the account structure under subsection (a); 10 (2) comparison tables of fiscal years 2015, 11 2016, and 2017 in the account structure under sub- 12 section (a); 13 14 (3) cross-component comparisons that the account structure under subsection (a) facilitates; 15 (4) a copy of the interim financial management 16 policy manual addressing changes made in this Act; 17 (5) an outline of the financial management pol- 18 icy manual changes necessary for the account struc- 19 ture under subsection (a); 20 (6) proposed changes to transfer and re- 21 programming requirements, including technical as- 22 sistance on legislative language; 23 (7) certification by the Chief Financial Officer 24 that the Department’s financial systems can report 25 in the new account structure; and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 701 1 (8) a plan for training and implementation of 2 the account structure under subsections (a) and (c). 3 SEC. 564. None of the funds made available by this 4 Act may be obligated or expended to implement the Arms 5 Trade Treaty until the Senate approves a resolution of 6 ratification for the Treaty. 7 SEC. 565. Section 214(g)(9)(A) of the Immigration 8 and Nationality Act (8 U.S.C. 1184(g)(9)(A)) is amended 9 by striking ‘‘2004, 2005, or 2006 shall not again be count10 ed toward such limitation during fiscal year 2007.’’ and 11 inserting ‘‘2013, 2014, or 2015 shall not again be counted 12 toward such limitation during fiscal year 2016.’’. 13 SEC. 566. For an additional amount for ‘‘U.S. Cus- 14 toms and Border Protection, Salaries and Expenses’’, 15 $14,000,000, to remain available until expended, to be re16 duced by amounts collected and credited to this appropria17 tion from amounts authorized to be collected by section 18 286(i) of the Immigration and Nationality Act (8 U.S.C. 19 1356(i)), section 10412 of the Farm Security and Rural 20 Investment Act of 2002 (7 U.S.C. 8311), and section 817 21 of the Trade Facilitation and Trade Enforcement Act of 22 2015: Provided, That to the extent that amounts realized 23 from such collections exceed $14,000,000, those amounts 24 in excess of $14,000,000 shall be credited to this appro25 priation and remain available until expended: Provided December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 702 1 further, That this authority is contingent on enactment of 2 the Trade Facilitation and Trade Enforcement Act of 3 2015. 4 5 (RESCISSIONS) SEC. 567. Of the funds appropriated to the Depart- 6 ment of Homeland Security, the following funds are here7 by rescinded from the following accounts and programs 8 in the specified amounts: Provided, That no amounts may 9 be rescinded from amounts that were designated by the 10 Congress as an emergency requirement pursuant to a con11 current resolution on the budget or the Balanced Budget 12 and Emergency Deficit Control Act of 1985 (Public Law 13 99–177): 14 (1) $27,338,000 from Public Law 109–88; 15 (2) $4,188,000 from unobligated prior year bal- 16 ances from ‘‘Analysis and Operations’’; 17 (3) $7,000,000 from unobligated prior year bal- 18 ances from ‘‘U.S. Customs and Border Protection, 19 Automation Modernization’’; 20 (4) $21,856,000 from unobligated prior year 21 balances from ‘‘U.S. Customs and Border Protec- 22 tion, Border Security, Fencing, Infrastructure, and 23 Technology’’; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 703 1 (5) $4,500,000 from unobligated prior year bal- 2 ances from ‘‘U.S. Customs and Border Protection, 3 Construction and Facilities Management’’; 4 (6) $158,414,000 from Public Law 114–4 5 under the heading ‘‘Transportation Security Admin- 6 istration, Aviation Security’’; 7 (7) $14,000,000 from Public Law 114–4 under 8 the heading ‘‘Transportation Security Administra- 9 tion, Surface Transportation Security’’; 10 (8) $5,800,000 from Public Law 112–74 under 11 the heading ‘‘Coast Guard, Acquisition, Construc- 12 tion, and Improvements’’; 13 (9) $16,445,000 from Public Law 113–76 14 under the heading ‘‘Coast Guard, Acquisition, Con- 15 struction, and Improvements’’; 16 (10) $13,758,918 from ‘‘Federal Emergency 17 Management Agency, National Predisaster Mitiga- 18 tion Fund’’ account 70 × 0716; 19 (11) $393,178 from Public Law 113–6 under 20 the heading ‘‘Science and Technology, Research, De- 21 velopment, Acquisition, and Operations’’; 22 (12) $8,500,000 from Public Law 113–76 23 under the heading ‘‘Science and Technology, Re- 24 search, Development, Acquisition, and Operations’’; 25 and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 704 1 (13) $1,106,822 from Public Law 114–4 under 2 the heading ‘‘Science and Technology, Research, De- 3 velopment, Acquisition, and Operations’’. 4 5 (RESCISSIONS) SEC. 568. Of the funds transferred to the Depart- 6 ment of Homeland Security when it was created in 2003, 7 the following funds are hereby rescinded from the fol8 lowing accounts and programs in the specified amounts: 9 10 (1) $417,017 from ‘‘U.S. Customs and Border Protection, Salaries and Expenses’’; 11 (2) $15,238 from ‘‘Federal Emergency Manage- 12 ment Agency, Office of Domestic Preparedness’’; 13 and 14 (3) $573,828 from ‘‘Federal Emergency Man- 15 agement Agency, National Predisaster Mitigation 16 Fund’’. 17 18 (RESCISSIONS) SEC. 569. The following unobligated balances made 19 available to the Department of Homeland Security pursu20 ant to section 505 of the Department of Homeland Secu21 rity Appropriations Act, 2015 (Public Law 114–4) are re22 scinded: 23 24 December 16, 2015 (1:04 a.m.) (1) $361,242 from ‘‘Office of the Secretary and Executive Management’’; U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 705 1 2 3 4 5 6 (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’’; 7 (5) $301,637 from ‘‘Analysis and Operations’’; 8 (6) $20,856 from ‘‘Office of Inspector Gen- 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 December 16, 2015 (1:04 a.m.) eral’’; (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’’; U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 706 1 (15) $27,360 from ‘‘National Protection and 2 Programs Directorate, Management and Administra- 3 tion’’; 4 (16) $188,146 from ‘‘National Protection and 5 Programs Directorate, Infrastructure Protection and 6 Information Security’’; 7 (17) $986 from ‘‘National Protection and Pro- 8 grams Directorate, Office of Biometric Identity 9 Management’’; 10 (18) $20,650 from ‘‘Office of Health Affairs’’; 11 (19) $236,332 from ‘‘Federal Emergency Man- 12 agement Agency, United States Fire Administra- 13 tion’’; 14 15 16 17 18 19 20 21 22 23 (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 avail- 24 able in the Department of the Treasury Forfeiture Fund 25 established by section 9703 of title 31, United States Code December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 707 1 (added by section 638 of Public Law 102–393), 2 $176,000,000 shall be rescinded. 3 4 (RESCISSION) SEC. 571. Of the unobligated balances made available 5 to ‘‘Federal Emergency Management Agency, Disaster 6 Relief Fund’’, $1,021,879,000 shall be rescinded: Pro7 vided, That no amounts may be rescinded from amounts 8 that were designated by the Congress as an emergency re9 quirement pursuant to a concurrent resolution on the 10 budget or the Balanced Budget and Emergency Deficit 11 Control Act of 1985, as amended: Provided further, That 12 no amounts may be rescinded from the amounts that were 13 designated by the Congress as being for disaster relief pur14 suant to section 251(b)(2)(D) of the Balanced Budget and 15 Emergency Deficit Control Act of 1985. 16 SEC. 572. Section 401(b) of the Illegal Immigration 17 Reform and Immigrant Responsibility Act of 1996 (8 18 U.S.C. 1324a note) shall be applied by substituting ‘‘Sep19 tember 30, 2016’’ for the date specified in section 106(3) 20 of the Continuing Appropriations Act, 2016 (Public Law 21 114–53). 22 SEC. 573. Subclauses 101(a)(27)(C)(ii)(II) and (III) 23 of the Immigration and Nationality Act (8 U.S.C. 24 1101(a)(27)(C)(ii)(II) and (III)) shall be applied by sub25 stituting ‘‘September 30, 2016’’ for the date specified in December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 708 1 section 106(3) of the Continuing Appropriations Act, 2 2016 (Public Law 114–53). 3 SEC. 574. Section 220(c) of the Immigration and Na- 4 tionality Technical Corrections Act of 1994 (8 U.S.C. 5 1182 note) shall be applied by substituting ‘‘September 6 30, 2016’’ for the date specified in section 106(3) of the 7 Continuing Appropriations Act, 2016 (Public Law 114– 8 53). 9 SEC. 575. Section 610(b) of the Departments of 10 Commerce, Justice, and State, the Judiciary, and Related 11 Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) 12 shall be applied by substituting ‘‘September 30, 2016’’ for 13 the date specified in section 106(3) of the Continuing Ap14 propriations Act, 2016 (Public Law 114–53). 15 This division may be cited as the ‘‘Department of 16 Homeland Security Appropriations Act, 2016’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 709 1 DIVISION G—DEPARTMENT OF THE INTE2 RIOR, ENVIRONMENT, AND RELATED 3 AGENCIES APPROPRIATIONS ACT, 2016 4 TITLE I 5 DEPARTMENT OF THE INTERIOR 6 7 8 BUREAU OF LAND MANAGEMENT MANAGEMENT OF LANDS AND RESOURCES For necessary expenses for protection, use, improve- 9 ment, development, disposal, cadastral surveying, classi10 fication, acquisition of easements and other interests in 11 lands, and performance of other functions, including main12 tenance of facilities, as authorized by law, in the manage13 ment of lands and their resources under the jurisdiction 14 of the Bureau of Land Management, including the general 15 administration of the Bureau, and assessment of mineral 16 potential of public lands pursuant to section 1010(a) of 17 Public Law 96–487 (16 U.S.C. 3150(a)), $1,072,675,000, 18 to remain available until expended, including all such 19 amounts as are collected from permit processing fees, as 20 authorized but made subject to future appropriation by 21 section 35(d)(3)(A)(i) of the Mineral Leasing Act (30 22 U.S.C. 191), except that amounts from permit processing 23 fees may be used for any bureau-related expenses associ24 ated with the processing of oil and gas applications for 25 permits to drill and related use of authorizations; of which December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 710 1 $3,000,000 shall be available in fiscal year 2016 subject 2 to a match by at least an equal amount by the National 3 Fish and Wildlife Foundation for cost-shared projects sup4 porting conservation of Bureau lands; and such funds 5 shall be advanced to the Foundation as a lump-sum grant 6 without regard to when expenses are incurred. 7 In addition, $39,696,000 is for Mining Law Adminis- 8 tration program operations, including the cost of admin9 istering the mining claim fee program, to remain available 10 until expended, to be reduced by amounts collected by the 11 Bureau and credited to this appropriation from mining 12 claim maintenance fees and location fees that are hereby 13 authorized for fiscal year 2016, so as to result in a final 14 appropriation estimated at not more than $1,072,675,000, 15 and $2,000,000, to remain available until expended, from 16 communication site rental fees established by the Bureau 17 for the cost of administering communication site activities. 18 19 LAND ACQUISITION For expenses necessary to carry out sections 205, 20 206, and 318(d) of Public Law 94–579, including admin21 istrative expenses and acquisition of lands or waters, or 22 interests therein, $38,630,000, to be derived from the 23 Land and Water Conservation Fund and to remain avail24 able until expended. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 711 1 2 OREGON AND CALIFORNIA GRANT LANDS For expenses necessary for management, protection, 3 and development of resources and for construction, oper4 ation, and maintenance of access roads, reforestation, and 5 other improvements on the revested Oregon and California 6 Railroad grant lands, on other Federal lands in the Or7 egon and California land-grant counties of Oregon, and 8 on adjacent rights-of-way; and acquisition of lands or in9 terests therein, including existing connecting roads on or 10 adjacent to such grant lands; $107,734,000, to remain 11 available until expended: Provided, That 25 percent of the 12 aggregate of all receipts during the current fiscal year 13 from the revested Oregon and California Railroad grant 14 lands is hereby made a charge against the Oregon and 15 California land-grant fund and shall be transferred to the 16 General Fund in the Treasury in accordance with the sec17 ond paragraph of subsection (b) of title II of the Act of 18 August 28, 1937 (43 U.S.C. 1181f). 19 20 RANGE IMPROVEMENTS For rehabilitation, protection, and acquisition of 21 lands and interests therein, and improvement of Federal 22 rangelands pursuant to section 401 of the Federal Land 23 Policy and Management Act of 1976 (43 U.S.C. 1751), 24 notwithstanding any other Act, sums equal to 50 percent 25 of all moneys received during the prior fiscal year under December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 712 1 sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 2 315b, 315m) and the amount designated for range im3 provements from grazing fees and mineral leasing receipts 4 from Bankhead-Jones lands transferred to the Depart5 ment of the Interior pursuant to law, but not less than 6 $10,000,000, to remain available until expended: Pro7 vided, That not to exceed $600,000 shall be available for 8 administrative expenses. 9 SERVICE CHARGES, DEPOSITS, AND FORFEITURES 10 For administrative expenses and other costs related 11 to processing application documents and other authoriza12 tions for use and disposal of public lands and resources, 13 for costs of providing copies of official public land docu14 ments, for monitoring construction, operation, and termi15 nation of facilities in conjunction with use authorizations, 16 and for rehabilitation of damaged property, such amounts 17 as may be collected under Public Law 94–579 (43 U.S.C. 18 1701 et seq.), and under section 28 of the Mineral Leasing 19 Act (30 U.S.C. 185), to remain available until expended: 20 Provided, That, notwithstanding any provision to the con21 trary of section 305(a) of Public Law 94–579 (43 U.S.C. 22 1735(a)), any moneys that have been or will be received 23 pursuant to that section, whether as a result of forfeiture, 24 compromise, or settlement, if not appropriate for refund 25 pursuant to section 305(c) of that Act (43 U.S.C. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 713 1 1735(c)), shall be available and may be expended under 2 the authority of this Act by the Secretary to improve, pro3 tect, or rehabilitate any public lands administered through 4 the Bureau of Land Management which have been dam5 aged by the action of a resource developer, purchaser, per6 mittee, or any unauthorized person, without regard to 7 whether all moneys collected from each such action are 8 used on the exact lands damaged which led to the action: 9 Provided further, That any such moneys that are in excess 10 of amounts needed to repair damage to the exact land for 11 which funds were collected may be used to repair other 12 damaged public lands. 13 14 MISCELLANEOUS TRUST FUNDS In addition to amounts authorized to be expended 15 under existing laws, there is hereby appropriated such 16 amounts as may be contributed under section 307 of Pub17 lic Law 94–579 (43 U.S.C. 1737), and such amounts as 18 may be advanced for administrative costs, surveys, ap19 praisals, and costs of making conveyances of omitted lands 20 under section 211(b) of that Act (43 U.S.C. 1721(b)), to 21 remain available until expended. 22 23 ADMINISTRATIVE PROVISIONS The Bureau of Land Management may carry out the 24 operations funded under this Act by direct expenditure, 25 contracts, grants, cooperative agreements and reimburs- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 714 1 able agreements with public and private entities, including 2 with States. Appropriations for the Bureau shall be avail3 able for purchase, erection, and dismantlement of tem4 porary structures, and alteration and maintenance of nec5 essary buildings and appurtenant facilities to which the 6 United States has title; up to $100,000 for payments, at 7 the discretion of the Secretary, for information or evidence 8 concerning violations of laws administered by the Bureau; 9 miscellaneous and emergency expenses of enforcement ac10 tivities authorized or approved by the Secretary and to be 11 accounted for solely on the Secretary’s certificate, not to 12 exceed $10,000: Provided, That notwithstanding Public 13 Law 90–620 (44 U.S.C. 501), the Bureau may, under co14 operative cost-sharing and partnership arrangements au15 thorized by law, procure printing services from cooperators 16 in connection with jointly produced publications for which 17 the cooperators share the cost of printing either in cash 18 or in services, and the Bureau determines the cooperator 19 is capable of meeting accepted quality standards: Provided 20 further, That projects to be funded pursuant to a written 21 commitment by a State government to provide an identi22 fied amount of money in support of the project may be 23 carried out by the Bureau on a reimbursable basis. Appro24 priations herein made shall not be available for the de25 struction of healthy, unadopted, wild horses and burros December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 715 1 in the care of the Bureau or its contractors or for the 2 sale of wild horses and burros that results in their destruc3 tion for processing into commercial products. 4 UNITED STATES FISH 5 6 AND WILDLIFE SERVICE RESOURCE MANAGEMENT For necessary expenses of the United States Fish and 7 Wildlife Service, as authorized by law, and for scientific 8 and economic studies, general administration, and for the 9 performance of other authorized functions related to such 10 resources, $1,238,771,000, to remain available until Sep11 tember 30, 2017: Provided, That not to exceed 12 $20,515,000 shall be used for implementing subsections 13 (a), (b), (c), and (e) of section 4 of the Endangered Spe14 cies Act of 1973 (16 U.S.C. 1533) (except for processing 15 petitions, developing and issuing proposed and final regu16 lations, and taking any other steps to implement actions 17 described in subsection (c)(2)(A), (c)(2)(B)(i), or 18 (c)(2)(B)(ii)), of which not to exceed $4,605,000 shall be 19 used for any activity regarding the designation of critical 20 habitat, pursuant to subsection (a)(3), excluding litigation 21 support, for species listed pursuant to subsection (a)(1) 22 prior to October 1, 2014; of which not to exceed 23 $1,501,000 shall be used for any activity regarding peti24 tions to list species that are indigenous to the United 25 States pursuant to subsections (b)(3)(A) and (b)(3)(B); December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 716 1 and, of which not to exceed $1,504,000 shall be used for 2 implementing subsections (a), (b), (c), and (e) of section 3 4 of the Endangered Species Act of 1973 (16 U.S.C. 4 1533) for species that are not indigenous to the United 5 States. 6 7 CONSTRUCTION For construction, improvement, acquisition, or re- 8 moval of buildings and other facilities required in the con9 servation, management, investigation, protection, and uti10 lization of fish and wildlife resources, and the acquisition 11 of lands and interests therein; $23,687,000, to remain 12 available until expended. 13 14 LAND ACQUISITION For expenses necessary to carry out chapter 2003 of 15 title 54, United States Code, including administrative ex16 penses, and for acquisition of land or waters, or interest 17 therein, in accordance with statutory authority applicable 18 to the United States Fish and Wildlife Service, 19 $68,500,000, to be derived from the Land and Water Con20 servation Fund and to remain available until expended, 21 of which, notwithstanding section 200306 of title 54, 22 United States Code, not more than $10,000,000 shall be 23 for land conservation partnerships authorized by the 24 Highlands Conservation Act of 2004, including not to ex25 ceed $320,000 for administrative expenses: Provided, That December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 717 1 none of the funds appropriated for specific land acquisi2 tion projects may be used to pay for any administrative 3 overhead, planning or other management costs. 4 COOPERATIVE ENDANGERED SPECIES CONSERVATION 5 FUND 6 For expenses necessary to carry out section 6 of the 7 Endangered Species Act of 1973 (16 U.S.C. 1535), 8 $53,495,000, to remain available until expended, of which 9 $22,695,000 is to be derived from the Cooperative Endan10 gered Species Conservation Fund; and of which 11 $30,800,000 is to be derived from the Land and Water 12 Conservation Fund. 13 NATIONAL WILDLIFE REFUGE FUND 14 For expenses necessary to implement the Act of Octo- 15 ber 17, 1978 (16 U.S.C. 715s), $13,228,000. 16 NORTH AMERICAN WETLANDS CONSERVATION FUND 17 For expenses necessary to carry out the provisions 18 of the North American Wetlands Conservation Act (16 19 U.S.C. 4401 et seq.), $35,145,000, to remain available 20 until expended. 21 NEOTROPICAL MIGRATORY BIRD CONSERVATION 22 For expenses necessary to carry out the Neotropical 23 Migratory Bird Conservation Act (16 U.S.C. 6101 et 24 seq.), $3,910,000, to remain available until expended. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 718 1 MULTINATIONAL SPECIES CONSERVATION FUND 2 For expenses necessary to carry out the African Ele- 3 phant Conservation Act (16 U.S.C. 4201 et seq.), the 4 Asian Elephant Conservation Act of 1997 (16 U.S.C. 5 4261 et seq.), the Rhinoceros and Tiger Conservation Act 6 of 1994 (16 U.S.C. 5301 et seq.), the Great Ape Con7 servation Act of 2000 (16 U.S.C. 6301 et seq.), and the 8 Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601 9 et seq.), $11,061,000, to remain available until expended. 10 11 STATE AND TRIBAL WILDLIFE GRANTS For wildlife conservation grants to States and to the 12 District of Columbia, Puerto Rico, Guam, the United 13 States Virgin Islands, the Northern Mariana Islands, 14 American Samoa, and Indian tribes under the provisions 15 of the Fish and Wildlife Act of 1956 and the Fish and 16 Wildlife Coordination Act, for the development and imple17 mentation of programs for the benefit of wildlife and their 18 habitat, including species that are not hunted or fished, 19 $60,571,000, to remain available until expended: Pro20 vided, That of the amount provided herein, $4,084,000 is 21 for a competitive grant program for Indian tribes not sub22 ject to the remaining provisions of this appropriation: Pro23 vided further, That $5,487,000 is for a competitive grant 24 program to implement approved plans for States, terri25 tories, and other jurisdictions and at the discretion of af- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 719 1 fected States, the regional Associations of fish and wildlife 2 agencies, not subject to the remaining provisions of this 3 appropriation: Provided further, That the Secretary shall, 4 after deducting $9,571,000 and administrative expenses, 5 apportion the amount provided herein in the following 6 manner: (1) to the District of Columbia and to the Com7 monwealth of Puerto Rico, each a sum equal to not more 8 than one-half of 1 percent thereof; and (2) to Guam, 9 American Samoa, the United States Virgin Islands, and 10 the Commonwealth of the Northern Mariana Islands, each 11 a sum equal to not more than one-fourth of 1 percent 12 thereof: Provided further, That the Secretary shall appor13 tion the remaining amount in the following manner: (1) 14 one-third of which is based on the ratio to which the land 15 area of such State bears to the total land area of all such 16 States; and (2) two-thirds of which is based on the ratio 17 to which the population of such State bears to the total 18 population of all such States: Provided further, That the 19 amounts apportioned under this paragraph shall be ad20 justed equitably so that no State shall be apportioned a 21 sum which is less than 1 percent of the amount available 22 for apportionment under this paragraph for any fiscal year 23 or more than 5 percent of such amount: Provided further, 24 That the Federal share of planning grants shall not exceed 25 75 percent of the total costs of such projects and the Fed- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 720 1 eral share of implementation grants shall not exceed 65 2 percent of the total costs of such projects: Provided fur3 ther, That the non-Federal share of such projects may not 4 be derived from Federal grant programs: Provided further, 5 That any amount apportioned in 2016 to any State, terri6 tory, or other jurisdiction that remains unobligated as of 7 September 30, 2017, shall be reapportioned, together with 8 funds appropriated in 2018, in the manner provided here9 in. 10 11 ADMINISTRATIVE PROVISIONS The United States Fish and Wildlife Service may 12 carry out the operations of Service programs by direct ex13 penditure, contracts, grants, cooperative agreements and 14 reimbursable agreements with public and private entities. 15 Appropriations and funds available to the United States 16 Fish and Wildlife Service shall be available for repair of 17 damage to public roads within and adjacent to reservation 18 areas caused by operations of the Service; options for the 19 purchase of land at not to exceed $1 for each option; facili20 ties incident to such public recreational uses on conserva21 tion areas as are consistent with their primary purpose; 22 and the maintenance and improvement of aquaria, build23 ings, and other facilities under the jurisdiction of the Serv24 ice and to which the United States has title, and which 25 are used pursuant to law in connection with management, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 721 1 and investigation of fish and wildlife resources: Provided, 2 That notwithstanding 44 U.S.C. 501, the Service may, 3 under cooperative cost sharing and partnership arrange4 ments authorized by law, procure printing services from 5 cooperators in connection with jointly produced publica6 tions for which the cooperators share at least one-half the 7 cost of printing either in cash or services and the Service 8 determines the cooperator is capable of meeting accepted 9 quality standards: Provided further, That the Service may 10 accept donated aircraft as replacements for existing air11 craft: Provided further, That notwithstanding 31 U.S.C. 12 3302, all fees collected for non-toxic shot review and ap13 proval shall be deposited under the heading ‘‘United 14 States Fish and Wildlife Service—Resource Management’’ 15 and shall be available to the Secretary, without further 16 appropriation, to be used for expenses of processing of 17 such non-toxic shot type or coating applications and revis18 ing regulations as necessary, and shall remain available 19 until expended. 20 NATIONAL PARK SERVICE 21 OPERATION OF THE NATIONAL PARK SYSTEM 22 For expenses necessary for the management, oper- 23 ation, and maintenance of areas and facilities adminis24 tered by the National Park Service and for the general 25 administration December 16, 2015 (1:04 a.m.) of the National Park Service, U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 722 1 $2,369,596,000, of which $10,001,000 for planning and 2 interagency coordination in support of Everglades restora3 tion and $99,461,000 for maintenance, repair, or rehabili4 tation projects for constructed assets shall remain avail5 able until September 30, 2017: Provided, That funds ap6 propriated under this heading in this Act are available for 7 the purposes of section 5 of Public Law 95–348 and sec8 tion 204 of Public Law 93–486, as amended by section 9 1(3) of Public Law 100–355. 10 11 NATIONAL RECREATION AND PRESERVATION For expenses necessary to carry out recreation pro- 12 grams, natural programs, cultural programs, heritage 13 partnership programs, environmental compliance and re14 view, international park affairs, and grant administration, 15 not otherwise provided for, $62,632,000. 16 17 HISTORIC PRESERVATION FUND For expenses necessary in carrying out the National 18 Historic Preservation Act (division A of subtitle III of title 19 54, United States Code), $65,410,000, to be derived from 20 the Historic Preservation Fund and to remain available 21 until September 30, 2017, of which $500,000 is for com22 petitive grants for the survey and nomination of properties 23 to the National Register of Historic Places and as Na24 tional Historic Landmarks associated with communities 25 currently underrepresented, as determined by the Sec- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 723 1 retary, and of which $8,000,000 is for competitive grants 2 to preserve the sites and stories of the Civil Rights move3 ment: Provided, That such competitive grants shall be 4 made without imposing the matching requirements in sec5 tion 302902(b)(3) of title 54, United States Code to 6 States and Indian tribes as defined in chapter 3003 of 7 such title, Native Hawaiian organizations, local govern8 ments, including Certified Local Governments, and non9 profit organizations. 10 11 CONSTRUCTION For construction, improvements, repair, or replace- 12 ment of physical facilities, including modifications author13 ized by section 104 of the Everglades National Park Pro14 tection and Expansion Act of 1989 (16 U.S.C. 410r-8), 15 $192,937,000, to remain available until expended: Pro16 vided, That, notwithstanding any other provision of law, 17 for any project initially funded in fiscal year 2016 with 18 a future phase indicated in the National Park Service 5– 19 Year Line Item Construction Plan, a single procurement 20 may be issued which includes the full scope of the project: 21 Provided further, That the solicitation and contract shall 22 contain the clause availability of funds found at 48 CFR 23 52.232–18: Provided further, That National Park Service 24 Donations, Park Concessions Franchise Fees, and Recre25 ation Fees may be made available for the cost of adjust- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 724 1 ments and changes within the original scope of effort for 2 projects funded by the National Park Service Construction 3 appropriation: Provided further, That the Secretary of the 4 Interior shall consult with the Committees on Appropria5 tions, in accordance with current reprogramming thresh6 olds, prior to making any charges authorized by this sec7 tion. 8 LAND AND WATER CONSERVATION FUND 9 (RESCISSION) 10 The contract authority provided for fiscal year 2016 11 by section 200308 of title 54, United States Code, is re12 scinded. 13 14 LAND ACQUISITION AND STATE ASSISTANCE For expenses necessary to carry out chapter 2003 of 15 title 54, United States Code, including administrative ex16 penses, and for acquisition of lands or waters, or interest 17 therein, in accordance with the statutory authority appli18 cable to the National Park Service, $173,670,000, to be 19 derived from the Land and Water Conservation Fund and 20 to remain available until expended, of which $110,000,000 21 is for the State assistance program and of which 22 $10,000,000 shall be for the American Battlefield Protec23 tion Program grants as authorized by chapter 3081 of title 24 54, United States Code. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 725 1 2 CENTENNIAL CHALLENGE For expenses necessary to carry out the provisions 3 of section 101701 of title 54, United States Code, relating 4 to challenge cost share agreements, $15,000,000, to re5 main available until expended, for Centennial Challenge 6 projects and programs: Provided, That not less than 50 7 percent of the total cost of each project or program shall 8 be derived from non-Federal sources in the form of do9 nated cash, assets, or a pledge of donation guaranteed by 10 an irrevocable letter of credit. 11 ADMINISTRATIVE PROVISIONS 12 (INCLUDING TRANSFER OF FUNDS) 13 In addition to other uses set forth in section 14 101917(c)(2) of title 54, United States Code, franchise 15 fees credited to a sub-account shall be available for ex16 penditure by the Secretary, without further appropriation, 17 for use at any unit within the National Park System to 18 extinguish or reduce liability for Possessory Interest or 19 leasehold surrender interest. Such funds may only be used 20 for this purpose to the extent that the benefitting unit an21 ticipated franchise fee receipts over the term of the con22 tract at that unit exceed the amount of funds used to ex23 tinguish or reduce liability. Franchise fees at the benefit24 ting unit shall be credited to the sub-account of the origi25 nating unit over a period not to exceed the term of a single December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 726 1 contract at the benefitting unit, in the amount of funds 2 so expended to extinguish or reduce liability. 3 For the costs of administration of the Land and 4 Water Conservation Fund grants authorized by section 5 105(a)(2)(B) of the Gulf of Mexico Energy Security Act 6 of 2006 (Public Law 109–432), the National Park Service 7 may retain up to 3 percent of the amounts which are au8 thorized to be disbursed under such section, such retained 9 amounts to remain available until expended. 10 National Park Service funds may be transferred to 11 the Federal Highway Administration (FHWA), Depart12 ment of Transportation, for purposes authorized under 23 13 U.S.C. 204. Transfers may include a reasonable amount 14 for FHWA administrative support costs. 15 In fiscal year 2016 and each fiscal year thereafter, 16 any amounts deposited into the National Park Service 17 trust fund accounts (31 U.S.C. 1321(a)(l7)–(18)) shall be 18 invested by the Secretary of the Treasury in interest bear19 ing obligations of the United States to the extent such 20 amounts are not, in his judgment, required to meet cur21 rent withdrawals: Provided, That interest earned by such 22 investments shall be available for obligation without fur23 ther appropriation, to the benefit of the project. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 727 1 UNITED STATES GEOLOGICAL SURVEY 2 SURVEYS, INVESTIGATIONS, AND RESEARCH 3 For expenses necessary for the United States Geo- 4 logical Survey to perform surveys, investigations, and re5 search covering topography, geology, hydrology, biology, 6 and the mineral and water resources of the United States, 7 its territories and possessions, and other areas as author8 ized by 43 U.S.C. 31, 1332, and 1340; classify lands as 9 to their mineral and water resources; give engineering su10 pervision to power permittees and Federal Energy Regu11 latory Commission licensees; administer the minerals ex12 ploration program (30 U.S.C. 641); conduct inquiries into 13 the economic conditions affecting mining and materials 14 processing industries (30 U.S.C. 3, 21a, and 1603; 50 15 U.S.C. 98g(1)) and related purposes as authorized by law; 16 and to publish and disseminate data relative to the fore17 going activities; $1,062,000,000, to remain available until 18 September 30, 2017; of which $57,637,189 shall remain 19 available until expended for satellite operations; and of 20 which $7,280,000 shall be available until expended for de21 ferred maintenance and capital improvement projects that 22 exceed $100,000 in cost: Provided, That none of the funds 23 provided for the ecosystem research activity shall be used 24 to conduct new surveys on private property, unless specifi25 cally authorized in writing by the property owner: Pro- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 728 1 vided further, That no part of this appropriation shall be 2 used to pay more than one-half the cost of topographic 3 mapping or water resources data collection and investiga4 tions carried on in cooperation with States and municipali5 ties. 6 7 ADMINISTRATIVE PROVISIONS From within the amount appropriated for activities 8 of the United States Geological Survey such sums as are 9 necessary shall be available for contracting for the fur10 nishing of topographic maps and for the making of geo11 physical or other specialized surveys when it is administra12 tively determined that such procedures are in the public 13 interest; construction and maintenance of necessary build14 ings and appurtenant facilities; acquisition of lands for 15 gauging stations and observation wells; expenses of the 16 United States National Committee for Geological 17 Sciences; and payment of compensation and expenses of 18 persons employed by the Survey duly appointed to rep19 resent the United States in the negotiation and adminis20 tration of interstate compacts: Provided, That activities 21 funded by appropriations herein made may be accom22 plished through the use of contracts, grants, or coopera23 tive agreements as defined in section 6302 of title 31, 24 United States Code: Provided further, That the United 25 States Geological Survey may enter into contracts or coop- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 729 1 erative agreements directly with individuals or indirectly 2 with institutions or nonprofit organizations, without re3 gard to 41 U.S.C. 6101, for the temporary or intermittent 4 services of students or recent graduates, who shall be con5 sidered employees for the purpose of chapters 57 and 81 6 of title 5, United States Code, relating to compensation 7 for travel and work injuries, and chapter 171 of title 28, 8 United States Code, relating to tort claims, but shall not 9 be considered to be Federal employees for any other pur10 poses. 11 12 13 BUREAU OF OCEAN ENERGY MANAGEMENT OCEAN ENERGY MANAGEMENT For expenses necessary for granting leases, ease- 14 ments, rights-of-way and agreements for use for oil and 15 gas, other minerals, energy, and marine-related purposes 16 on the Outer Continental Shelf and approving operations 17 related thereto, as authorized by law; for environmental 18 studies, as authorized by law; for implementing other laws 19 and to the extent provided by Presidential or Secretarial 20 delegation; and for matching grants or cooperative agree21 ments, $170,857,000, of which $74,235,000, is to remain 22 available until September 30, 2017 and of which 23 $96,622,000 is to remain available until expended: Pro24 vided, That this total appropriation shall be reduced by 25 amounts collected by the Secretary and credited to this December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 730 1 appropriation from additions to receipts resulting from in2 creases to lease rental rates in effect on August 5, 1993, 3 and from cost recovery fees from activities conducted by 4 the Bureau of Ocean Energy Management pursuant to the 5 Outer Continental Shelf Lands Act, including studies, as6 sessments, analysis, and miscellaneous administrative ac7 tivities: Provided further, That the sum herein appro8 priated shall be reduced as such collections are received 9 during the fiscal year, so as to result in a final fiscal year 10 2016 appropriation estimated at not more than 11 $74,235,000: Provided further, That not to exceed $3,000 12 shall be available for reasonable expenses related to pro13 moting volunteer beach and marine cleanup activities. 14 BUREAU OF SAFETY AND ENVIRONMENTAL 15 ENFORCEMENT 16 OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT 17 For expenses necessary for the regulation of oper- 18 ations related to leases, easements, rights-of-way and 19 agreements for use for oil and gas, other minerals, energy, 20 and marine-related purposes on the Outer Continental 21 Shelf, as authorized by law; for enforcing and imple22 menting laws and regulations as authorized by law and 23 to the extent provided by Presidential or Secretarial dele24 gation; and for matching grants or cooperative agree25 ments, $124,772,000, of which $67,565,000 is to remain December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 731 1 available until September 30, 2017 and of which 2 $57,207,000 is to remain available until expended: Pro3 vided, That this total appropriation shall be reduced by 4 amounts collected by the Secretary and credited to this 5 appropriation from additions to receipts resulting from in6 creases to lease rental rates in effect on August 5, 1993, 7 and from cost recovery fees from activities conducted by 8 the Bureau of Safety and Environmental Enforcement 9 pursuant to the Outer Continental Shelf Lands Act, in10 cluding studies, assessments, analysis, and miscellaneous 11 administrative activities: Provided further, That the sum 12 herein appropriated shall be reduced as such collections 13 are received during the fiscal year, so as to result in a 14 final fiscal year 2016 appropriation estimated at not more 15 than $67,565,000. 16 For an additional amount, $65,000,000, to remain 17 available until expended, to be reduced by amounts col18 lected by the Secretary and credited to this appropriation, 19 which shall be derived from non-refundable inspection fees 20 collected in fiscal year 2016, as provided in this Act: Pro21 vided, That to the extent that amounts realized from such 22 inspection fees exceed $65,000,000, the amounts realized 23 in excess of $65,000,000 shall be credited to this appro24 priation and remain available until expended: Provided 25 further, That for fiscal year 2016, not less than 50 percent December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 732 1 of the inspection fees expended by the Bureau of Safety 2 and Environmental Enforcement will be used to fund per3 sonnel and mission-related costs to expand capacity and 4 expedite the orderly development, subject to environmental 5 safeguards, of the Outer Continental Shelf pursuant to the 6 Outer Continental Shelf Lands Act (43 U.S.C. 1331 et 7 seq.), including the review of applications for permits to 8 drill. 9 OIL SPILL RESEARCH 10 For necessary expenses to carry out title I, section 11 1016, title IV, sections 4202 and 4303, title VII, and title 12 VIII, section 8201 of the Oil Pollution Act of 1990, 13 $14,899,000, which shall be derived from the Oil Spill Li14 ability Trust Fund, to remain available until expended. 15 OFFICE OF SURFACE MINING RECLAMATION 16 ENFORCEMENT 17 REGULATION AND TECHNOLOGY 18 AND For necessary expenses to carry out the provisions 19 of the Surface Mining Control and Reclamation Act of 20 1977, Public Law 95–87, $123,253,000, to remain avail21 able until September 30, 2017: Provided, That appropria22 tions for the Office of Surface Mining Reclamation and 23 Enforcement may provide for the travel and per diem ex24 penses of State and tribal personnel attending Office of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 733 1 Surface Mining Reclamation and Enforcement sponsored 2 training. 3 In addition, for costs to review, administer, and en- 4 force permits issued by the Office pursuant to section 507 5 of Public Law 95–87 (30 U.S.C. 1257), $40,000, to re6 main available until expended: Provided, That fees as7 sessed and collected by the Office pursuant to such section 8 507 shall be credited to this account as discretionary off9 setting collections, to remain available until expended: 10 Provided further, That the sum herein appropriated from 11 the general fund shall be reduced as collections are re12 ceived during the fiscal year, so as to result in a fiscal 13 year 2016 appropriation estimated at not more than 14 $123,253,000. 15 16 ABANDONED MINE RECLAMATION FUND For necessary expenses to carry out title IV of the 17 Surface Mining Control and Reclamation Act of 1977, 18 Public Law 95–87, $27,303,000, to be derived from re19 ceipts of the Abandoned Mine Reclamation Fund and to 20 remain available until expended: Provided, That pursuant 21 to Public Law 97–365, the Department of the Interior is 22 authorized to use up to 20 percent from the recovery of 23 the delinquent debt owed to the United States Government 24 to pay for contracts to collect these debts: Provided fur25 ther, That funds made available under title IV of Public December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 734 1 Law 95–87 may be used for any required non-Federal 2 share of the cost of projects funded by the Federal Gov3 ernment for the purpose of environmental restoration re4 lated to treatment or abatement of acid mine drainage 5 from abandoned mines: Provided further, That such 6 projects must be consistent with the purposes and prior7 ities of the Surface Mining Control and Reclamation Act: 8 Provided further, That amounts provided under this head9 ing may be used for the travel and per diem expenses of 10 State and tribal personnel attending Office of Surface 11 Mining Reclamation and Enforcement sponsored training. 12 In addition, $90,000,000, to remain available until 13 expended, for grants to States for reclamation of aban14 doned mine lands and other related activities in accord15 ance with the terms and conditions in the explanatory 16 statement described in section 4 (in the matter preceding 17 division A of this consolidated Act): Provided, That such 18 additional amount shall be used for economic and commu19 nity development in conjunction with the priorities in sec20 tion 403(a) of the Surface Mining Control and Reclama21 tion Act of 1977 (30 U.S.C. 1233(a)): Provided further, 22 That such additional amount shall be distributed in equal 23 amounts to the 3 Appalachian States with the greatest 24 amount of unfunded needs to meet the priorities described 25 in paragraphs (1) and (2) of such section: Provided fur- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 735 1 ther, That such additional amount shall be allocated to 2 States within 60 days after the date of enactment of this 3 Act. 4 BUREAU OF INDIAN AFFAIRS AND BUREAU OF INDIAN 5 EDUCATION 6 OPERATION OF INDIAN PROGRAMS 7 (INCLUDING TRANSFER OF FUNDS) 8 For expenses necessary for the operation of Indian 9 programs, as authorized by law, including the Snyder Act 10 of November 2, 1921 (25 U.S.C. 13), the Indian Self-De11 termination and Education Assistance Act of 1975 (25 12 U.S.C. 450 et seq.), the Education Amendments of 1978 13 (25 U.S.C. 2001–2019), and the Tribally Controlled 14 Schools Act of 1988 (25 U.S.C. 2501 et seq.), 15 $2,267,924,000, to remain available until September 30, 16 2017, except as otherwise provided herein; of which not 17 to exceed $8,500 may be for official reception and rep18 resentation expenses; of which not to exceed $74,791,000 19 shall be for welfare assistance payments: Provided, That, 20 in cases of designated Federal disasters, the Secretary 21 may exceed such cap, from the amounts provided herein, 22 to provide for disaster relief to Indian communities af23 fected by the disaster: Provided further, That federally rec24 ognized Indian tribes and tribal organizations of federally 25 recognized Indian tribes may use their tribal priority allo- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 736 1 cations for unmet welfare assistance costs: Provided fur2 ther, That not to exceed $628,351,000 for school oper3 ations costs of Bureau-funded schools and other education 4 programs shall become available on July 1, 2016, and 5 shall remain available until September 30, 2017: Provided 6 further, That not to exceed $43,813,000 shall remain 7 available until expended for housing improvement, road 8 maintenance, attorney fees, litigation support, land 9 records improvement, and the Navajo-Hopi Settlement 10 Program: Provided further, That, notwithstanding any 11 other provision of law, including but not limited to the 12 Indian Self-Determination Act of 1975 (25 U.S.C. 450f 13 et seq.) and section 1128 of the Education Amendments 14 of 1978 (25 U.S.C. 2008), not to exceed $73,276,000 15 within and only from such amounts made available for 16 school operations shall be available for administrative cost 17 grants associated with grants approved prior to July 1, 18 2016: Provided further, That any forestry funds allocated 19 to a federally recognized tribe which remain unobligated 20 as of September 30, 2017, may be transferred during fis21 cal year 2018 to an Indian forest land assistance account 22 established for the benefit of the holder of the funds within 23 the holder’s trust fund account: Provided further, That 24 any such unobligated balances not so transferred shall ex25 pire on September 30, 2018: Provided further, That, in December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 737 1 order to enhance the safety of Bureau field employees, the 2 Bureau may use funds to purchase uniforms or other iden3 tifying articles of clothing for personnel. 4 5 CONTRACT SUPPORT COSTS For payments to tribes and tribal organizations for 6 contract support costs associated with Indian Self-Deter7 mination and Education Assistance Act agreements with 8 the Bureau of Indian Affairs for fiscal year 2016, such 9 sums as may be necessary, which shall be available for 10 obligation through September 30, 2017: Provided, That 11 amounts obligated but not expended by a tribe or tribal 12 organization for contract support costs for such agree13 ments for the current fiscal year shall be applied to con14 tract support costs otherwise due for such agreements for 15 subsequent fiscal years: Provided further, That, notwith16 standing any other provision of law, no amounts made 17 available under this heading shall be available for transfer 18 to another budget account. 19 CONSTRUCTION 20 (INCLUDING TRANSFER OF FUNDS) 21 For construction, repair, improvement, and mainte- 22 nance of irrigation and power systems, buildings, utilities, 23 and other facilities, including architectural and engineer24 ing services by contract; acquisition of lands, and interests 25 in lands; and preparation of lands for farming, and for December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 738 1 construction of the Navajo Indian Irrigation Project pur2 suant to Public Law 87–483, $193,973,000, to remain 3 available until expended: Provided, That such amounts as 4 may be available for the construction of the Navajo Indian 5 Irrigation Project may be transferred to the Bureau of 6 Reclamation: Provided further, That not to exceed 6 per7 cent of contract authority available to the Bureau of In8 dian Affairs from the Federal Highway Trust Fund may 9 be used to cover the road program management costs of 10 the Bureau: Provided further, That any funds provided for 11 the Safety of Dams program pursuant to 25 U.S.C. 13 12 shall be made available on a nonreimbursable basis: Pro13 vided further, That for fiscal year 2016, in implementing 14 new construction, replacement facilities construction, or 15 facilities improvement and repair project grants in excess 16 of $100,000 that are provided to grant schools under Pub17 lic Law 100–297, the Secretary of the Interior shall use 18 the Administrative and Audit Requirements and Cost 19 Principles for Assistance Programs contained in 43 CFR 20 part 12 as the regulatory requirements: Provided further, 21 That such grants shall not be subject to section 12.61 of 22 43 CFR; the Secretary and the grantee shall negotiate and 23 determine a schedule of payments for the work to be per24 formed: Provided further, That in considering grant appli25 cations, the Secretary shall consider whether such grantee December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 739 1 would be deficient in assuring that the construction 2 projects conform to applicable building standards and 3 codes and Federal, tribal, or State health and safety 4 standards as required by 25 U.S.C. 2005(b), with respect 5 to organizational and financial management capabilities: 6 Provided further, That if the Secretary declines a grant 7 application, the Secretary shall follow the requirements 8 contained in 25 U.S.C. 2504(f): Provided further, That 9 any disputes between the Secretary and any grantee con10 cerning a grant shall be subject to the disputes provision 11 in 25 U.S.C. 2507(e): Provided further, That in order to 12 ensure timely completion of construction projects, the Sec13 retary may assume control of a project and all funds re14 lated to the project, if, within 18 months of the date of 15 enactment of this Act, any grantee receiving funds appro16 priated in this Act or in any prior Act, has not completed 17 the planning and design phase of the project and com18 menced construction: Provided further, That this appro19 priation may be reimbursed from the Office of the Special 20 Trustee for American Indians appropriation for the appro21 priate share of construction costs for space expansion 22 needed in agency offices to meet trust reform implementa23 tion. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 740 1 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND 2 MISCELLANEOUS PAYMENTS TO INDIANS 3 For payments and necessary administrative expenses 4 for implementation of Indian land and water claim settle5 ments pursuant to Public Laws 99–264, 100–580, 101– 6 618, 111–11, and 111–291, and for implementation of 7 other land and water rights settlements, $49,475,000, to 8 remain available until expended. 9 10 INDIAN GUARANTEED LOAN PROGRAM ACCOUNT For the cost of guaranteed loans and insured loans, 11 $7,748,000, of which $1,062,000 is for administrative ex12 penses, as authorized by the Indian Financing Act of 13 1974: Provided, That such costs, including the cost of 14 modifying such loans, shall be as defined in section 502 15 of the Congressional Budget Act of 1974: Provided fur16 ther, That these funds are available to subsidize total loan 17 principal, any part of which is to be guaranteed or insured, 18 not to exceed $113,804,510. 19 20 ADMINISTRATIVE PROVISIONS The Bureau of Indian Affairs may carry out the oper- 21 ation of Indian programs by direct expenditure, contracts, 22 cooperative agreements, compacts, and grants, either di23 rectly or in cooperation with States and other organiza24 tions. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 741 1 Notwithstanding 25 U.S.C. 15, the Bureau of Indian 2 Affairs may contract for services in support of the man3 agement, operation, and maintenance of the Power Divi4 sion of the San Carlos Irrigation Project. 5 Notwithstanding any other provision of law, no funds 6 available to the Bureau of Indian Affairs for central office 7 oversight and Executive Direction and Administrative 8 Services (except executive direction and administrative 9 services funding for Tribal Priority Allocations, regional 10 offices, and facilities operations and maintenance) shall be 11 available for contracts, grants, compacts, or cooperative 12 agreements with the Bureau of Indian Affairs under the 13 provisions of the Indian Self-Determination Act or the 14 Tribal Self-Governance Act of 1994 (Public Law 103– 15 413). 16 In the event any tribe returns appropriations made 17 available by this Act to the Bureau of Indian Affairs, this 18 action shall not diminish the Federal Government’s trust 19 responsibility to that tribe, or the government-to-govern20 ment relationship between the United States and that 21 tribe, or that tribe’s ability to access future appropria22 tions. 23 Notwithstanding any other provision of law, no funds 24 available to the Bureau of Indian Education, other than 25 the amounts provided herein for assistance to public December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 742 1 schools under 25 U.S.C. 452 et seq., shall be available to 2 support the operation of any elementary or secondary 3 school in the State of Alaska. 4 No funds available to the Bureau of Indian Edu- 5 cation shall be used to support expanded grades for any 6 school or dormitory beyond the grade structure in place 7 or approved by the Secretary of the Interior at each school 8 in the Bureau of Indian Education school system as of 9 October 1, 1995, except that the Secretary of the Interior 10 may waive this prohibition to support expansion of up to 11 one additional grade when the Secretary determines such 12 waiver is needed to support accomplishment of the mission 13 of the Bureau of Indian Education. Appropriations made 14 available in this or any prior Act for schools funded by 15 the Bureau shall be available, in accordance with the Bu16 reau’s funding formula, only to the schools in the Bureau 17 school system as of September 1, 1996, and to any school 18 or school program that was reinstated in fiscal year 2012. 19 Funds made available under this Act may not be used to 20 establish a charter school at a Bureau-funded school (as 21 that term is defined in section 1141 of the Education 22 Amendments of 1978 (25 U.S.C. 2021)), except that a 23 charter school that is in existence on the date of the enact24 ment of this Act and that has operated at a Bureau-fund25 ed school before September 1, 1999, may continue to oper- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 743 1 ate during that period, but only if the charter school pays 2 to the Bureau a pro rata share of funds to reimburse the 3 Bureau for the use of the real and personal property (in4 cluding buses and vans), the funds of the charter school 5 are kept separate and apart from Bureau funds, and the 6 Bureau does not assume any obligation for charter school 7 programs of the State in which the school is located if 8 the charter school loses such funding. Employees of Bu9 reau-funded schools sharing a campus with a charter 10 school and performing functions related to the charter 11 school’s operation and employees of a charter school shall 12 not be treated as Federal employees for purposes of chap13 ter 171 of title 28, United States Code. 14 Notwithstanding any other provision of law, including 15 section 113 of title I of appendix C of Public Law 106– 16 113, if in fiscal year 2003 or 2004 a grantee received indi17 rect and administrative costs pursuant to a distribution 18 formula based on section 5(f) of Public Law 101–301, the 19 Secretary shall continue to distribute indirect and admin20 istrative cost funds to such grantee using the section 5(f) 21 distribution formula. 22 Funds available under this Act may not be used to 23 establish satellite locations of schools in the Bureau school 24 system as of September 1, 1996, except that the Secretary 25 may waive this prohibition in order for an Indian tribe December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 744 1 to provide language and cultural immersion educational 2 programs for non-public schools located within the juris3 dictional area of the tribal government which exclusively 4 serve tribal members, do not include grades beyond those 5 currently served at the existing Bureau-funded school, 6 provide an educational environment with educator pres7 ence and academic facilities comparable to the Bureau8 funded school, comply with all applicable Tribal, Federal, 9 or State health and safety standards, and the Americans 10 with Disabilities Act, and demonstrate the benefits of es11 tablishing operations at a satellite location in lieu of incur12 ring extraordinary costs, such as for transportation or 13 other impacts to students such as those caused by busing 14 students extended distances: Provided, That no funds 15 available under this Act may be used to fund operations, 16 maintenance, rehabilitation, construction or other facili17 ties-related costs for such assets that are not owned by 18 the Bureau: Provided further, That the term ‘‘satellite 19 school’’ means a school location physically separated from 20 the existing Bureau school by more than 50 miles but that 21 forms part of the existing school in all other respects. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 745 1 DEPARTMENTAL OFFICES 2 OFFICE 3 DEPARTMENTAL OPERATIONS 4 OF THE SECRETARY For necessary expenses for management of the De- 5 partment of the Interior, including the collection and dis6 bursement of royalties, fees, and other mineral revenue 7 proceeds, and for grants and cooperative agreements, as 8 authorized by law, $721,769,000, to remain available until 9 September 30, 2017; of which not to exceed $15,000 may 10 be for official reception and representation expenses; and 11 of which up to $1,000,000 shall be available for workers 12 compensation payments and unemployment compensation 13 payments associated with the orderly closure of the United 14 States Bureau of Mines; and of which $12,618,000 for 15 the Office of Valuation Services is to be derived from the 16 Land and Water Conservation Fund and shall remain 17 available until expended; and of which $38,300,000 shall 18 remain available until expended for the purpose of mineral 19 revenue management activities: Provided, That notwith20 standing any other provision of law, $15,000 under this 21 heading shall be available for refunds of overpayments in 22 connection with certain Indian leases in which the Sec23 retary concurred with the claimed refund due, to pay 24 amounts owed to Indian allottees or tribes, or to correct 25 prior unrecoverable erroneous payments. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 746 1 2 ADMINISTRATIVE PROVISIONS For fiscal year 2016, up to $400,000 of the payments 3 authorized by the Act of October 20, 1976 (31 U.S.C. 4 6901–6907) may be retained for administrative expenses 5 of the Payments in Lieu of Taxes Program: Provided, 6 That no payment shall be made pursuant to that Act to 7 otherwise eligible units of local government if the com8 puted amount of the payment is less than $100: Provided 9 further, That the Secretary may reduce the payment au10 thorized by 31 U.S.C. 6901–6907 for an individual county 11 by the amount necessary to correct prior year overpay12 ments to that county: Provided further, That the amount 13 needed to correct a prior year underpayment to an indi14 vidual county shall be paid from any reductions for over15 payments to other counties and the amount necessary to 16 cover any remaining underpayment is hereby appropriated 17 and shall be paid to individual counties: Provided further, 18 That of the total amount made available by this title for 19 ‘‘Office of the Secretary—Departmental Operations’’, 20 $452,000,000 shall be available to the Secretary of the 21 Interior for an additional amount for fiscal year 2016 for 22 payments in lieu of taxes under chapter 69 of title 31, 23 United States Code. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 747 1 INSULAR AFFAIRS 2 ASSISTANCE TO TERRITORIES 3 For expenses necessary for assistance to territories 4 under the jurisdiction of the Department of the Interior 5 and other jurisdictions identified in section 104(e) of Pub6 lic Law 108–188, $86,976,000, of which: (1) $77,528,000 7 shall remain available until expended for territorial assist8 ance, including general technical assistance, maintenance 9 assistance, disaster assistance, coral reef initiative activi10 ties, and brown tree snake control and research; grants 11 to the judiciary in American Samoa for compensation and 12 expenses, as authorized by law (48 U.S.C. 1661(c)); 13 grants to the Government of American Samoa, in addition 14 to current local revenues, for construction and support of 15 governmental functions; grants to the Government of the 16 Virgin Islands as authorized by law; grants to the Govern17 ment of Guam, as authorized by law; and grants to the 18 Government of the Northern Mariana Islands as author19 ized by law (Public Law 94–241; 90 Stat. 272); and (2) 20 $9,448,000 shall be available until September 30, 2017, 21 for salaries and expenses of the Office of Insular Affairs: 22 Provided, That all financial transactions of the territorial 23 and local governments herein provided for, including such 24 transactions of all agencies or instrumentalities estab25 lished or used by such governments, may be audited by December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 748 1 the Government Accountability Office, at its discretion, in 2 accordance with chapter 35 of title 31, United States 3 Code: Provided further, That Northern Mariana Islands 4 Covenant grant funding shall be provided according to 5 those terms of the Agreement of the Special Representa6 tives on Future United States Financial Assistance for the 7 Northern Mariana Islands approved by Public Law 104– 8 134: Provided further, That the funds for the program of 9 operations and maintenance improvement are appro10 priated to institutionalize routine operations and mainte11 nance improvement of capital infrastructure with terri12 torial participation and cost sharing to be determined by 13 the Secretary based on the grantee’s commitment to time14 ly maintenance of its capital assets: Provided further, That 15 any appropriation for disaster assistance under this head16 ing in this Act or previous appropriations Acts may be 17 used as non-Federal matching funds for the purpose of 18 hazard mitigation grants provided pursuant to section 404 19 of the Robert T. Stafford Disaster Relief and Emergency 20 Assistance Act (42 U.S.C. 5170c). 21 22 COMPACT OF FREE ASSOCIATION For grants and necessary expenses, $3,318,000, to 23 remain available until expended, as provided for in sec24 tions 221(a)(2) and 233 of the Compact of Free Associa25 tion for the Republic of Palau; and section 221(a)(2) of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 749 1 the Compacts of Free Association for the Government of 2 the Republic of the Marshall Islands and the Federated 3 States of Micronesia, as authorized by Public Law 99– 4 658 and Public Law 108–188. 5 ADMINISTRATIVE PROVISIONS 6 (INCLUDING TRANSFER OF FUNDS) 7 At the request of the Governor of Guam, the Sec- 8 retary may transfer discretionary funds or mandatory 9 funds provided under section 104(e) of Public Law 108– 10 188 and Public Law 104–134, that are allocated for 11 Guam, to the Secretary of Agriculture for the subsidy cost 12 of direct or guaranteed loans, plus not to exceed three per13 cent of the amount of the subsidy transferred for the cost 14 of loan administration, for the purposes authorized by the 15 Rural Electrification Act of 1936 and section 306(a)(1) 16 of the Consolidated Farm and Rural Development Act for 17 construction and repair projects in Guam, and such funds 18 shall remain available until expended: Provided, That such 19 costs, including the cost of modifying such loans, shall be 20 as defined in section 502 of the Congressional Budget Act 21 of 1974: Provided further, That such loans or loan guaran22 tees may be made without regard to the population of the 23 area, credit elsewhere requirements, and restrictions on 24 the types of eligible entities under the Rural Electrifica25 tion Act of 1936 and section 306(a)(1) of the Consolidated December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 750 1 Farm and Rural Development Act: Provided further, That 2 any funds transferred to the Secretary of Agriculture shall 3 be in addition to funds otherwise made available to make 4 or guarantee loans under such authorities. 5 OFFICE 6 OF THE SOLICITOR SALARIES AND EXPENSES 7 For necessary expenses of the Office of the Solicitor, 8 $65,800,000. 9 OFFICE 10 OF INSPECTOR GENERAL SALARIES AND EXPENSES 11 For necessary expenses of the Office of Inspector 12 General, $50,047,000. 13 OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN 14 INDIANS 15 FEDERAL TRUST PROGRAMS 16 (INCLUDING TRANSFER OF FUNDS) 17 For the operation of trust programs for Indians by 18 direct expenditure, contracts, cooperative agreements, 19 compacts, and grants, $139,029,000, to remain available 20 until expended, of which not to exceed $22,120,000 from 21 this or any other Act, may be available for historical ac22 counting: Provided, That funds for trust management im23 provements and litigation support may, as needed, be 24 transferred to or merged with the Bureau of Indian Af25 fairs and Bureau of Indian Education, ‘‘Operation of In- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 751 1 dian Programs’’ account; the Office of the Solicitor, ‘‘Sala2 ries and Expenses’’ account; and the Office of the Sec3 retary, ‘‘Departmental Operations’’ account: Provided fur4 ther, That funds made available through contracts or 5 grants obligated during fiscal year 2016, as authorized by 6 the Indian Self-Determination Act of 1975 (25 U.S.C. 450 7 et seq.), shall remain available until expended by the con8 tractor or grantee: Provided further, That, notwith9 standing any other provision of law, the Secretary shall 10 not be required to provide a quarterly statement of per11 formance for any Indian trust account that has not had 12 activity for at least 15 months and has a balance of $15 13 or less: Provided further, That the Secretary shall issue 14 an annual account statement and maintain a record of any 15 such accounts and shall permit the balance in each such 16 account to be withdrawn upon the express written request 17 of the account holder: Provided further, That not to exceed 18 $50,000 is available for the Secretary to make payments 19 to correct administrative errors of either disbursements 20 from or deposits to Individual Indian Money or Tribal ac21 counts after September 30, 2002: Provided further, That 22 erroneous payments that are recovered shall be credited 23 to and remain available in this account for this purpose: 24 Provided further, That the Secretary shall not be required 25 to reconcile Special Deposit Accounts with a balance of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 752 1 less than $500 unless the Office of the Special Trustee 2 receives proof of ownership from a Special Deposit Ac3 counts claimant. 4 DEPARTMENT-WIDE PROGRAMS 5 WILDLAND FIRE MANAGEMENT 6 (INCLUDING TRANSFERS OF FUNDS) 7 For necessary expenses for fire preparedness, fire 8 suppression operations, fire science and research, emer9 gency rehabilitation, hazardous fuels management activi10 ties, and rural fire assistance by the Department of the 11 Interior, $816,745,000, to remain available until ex12 pended, of which not to exceed $6,427,000 shall be for 13 the renovation or construction of fire facilities: Provided, 14 That such funds are also available for repayment of ad15 vances to other appropriation accounts from which funds 16 were previously transferred for such purposes: Provided 17 further, That of the funds provided $170,000,000 is for 18 hazardous fuels management activities: Provided further, 19 That of the funds provided $18,970,000 is for burned area 20 rehabilitation: Provided further, That persons hired pursu21 ant to 43 U.S.C. 1469 may be furnished subsistence and 22 lodging without cost from funds available from this appro23 priation: Provided further, That notwithstanding 42 24 U.S.C. 1856d, sums received by a bureau or office of the 25 Department of the Interior for fire protection rendered December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 753 1 pursuant to 42 U.S.C. 1856 et seq., protection of United 2 States property, may be credited to the appropriation from 3 which funds were expended to provide that protection, and 4 are available without fiscal year limitation: Provided fur5 ther, That using the amounts designated under this title 6 of this Act, the Secretary of the Interior may enter into 7 procurement contracts, grants, or cooperative agreements, 8 for hazardous fuels management and resilient landscapes 9 activities, and for training and monitoring associated with 10 such hazardous fuels management and resilient landscapes 11 activities on Federal land, or on adjacent non-Federal land 12 for activities that benefit resources on Federal land: Pro13 vided further, That the costs of implementing any coopera14 tive agreement between the Federal Government and any 15 non-Federal entity may be shared, as mutually agreed on 16 by the affected parties: Provided further, That notwith17 standing requirements of the Competition in Contracting 18 Act, the Secretary, for purposes of hazardous fuels man19 agement and resilient landscapes activities, may obtain 20 maximum practicable competition among: (1) local pri21 vate, nonprofit, or cooperative entities; (2) Youth Con22 servation Corps crews, Public Lands Corps (Public Law 23 109–154), or related partnerships with State, local, or 24 nonprofit youth groups; (3) small or micro-businesses; or 25 (4) other entities that will hire or train locally a significant December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 754 1 percentage, defined as 50 percent or more, of the project 2 workforce to complete such contracts: Provided further, 3 That in implementing this section, the Secretary shall de4 velop written guidance to field units to ensure account5 ability and consistent application of the authorities pro6 vided herein: Provided further, That funds appropriated 7 under this heading may be used to reimburse the United 8 States Fish and Wildlife Service and the National Marine 9 Fisheries Service for the costs of carrying out their re10 sponsibilities under the Endangered Species Act of 1973 11 (16 U.S.C. 1531 et seq.) to consult and conference, as 12 required by section 7 of such Act, in connection with 13 wildland fire management activities: Provided further, 14 That the Secretary of the Interior may use wildland fire 15 appropriations to enter into leases of real property with 16 local governments, at or below fair market value, to con17 struct capitalized improvements for fire facilities on such 18 leased properties, including but not limited to fire guard 19 stations, retardant stations, and other initial attack and 20 fire support facilities, and to make advance payments for 21 any such lease or for construction activity associated with 22 the lease: Provided further, That the Secretary of the Inte23 rior and the Secretary of Agriculture may authorize the 24 transfer of funds appropriated for wildland fire manage25 ment, in an aggregate amount not to exceed $50,000,000, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 755 1 between the Departments when such transfers would fa2 cilitate and expedite wildland fire management programs 3 and projects: Provided further, That funds provided for 4 wildfire suppression shall be available for support of Fed5 eral emergency response actions: Provided further, That 6 funds appropriated under this heading shall be available 7 for assistance to or through the Department of State in 8 connection with forest and rangeland research, technical 9 information, and assistance in foreign countries, and, with 10 the concurrence of the Secretary of State, shall be avail11 able to support forestry, wildland fire management, and 12 related natural resource activities outside the United 13 States and its territories and possessions, including tech14 nical assistance, education and training, and cooperation 15 with United States and international organizations. 16 FLAME WILDFIRE SUPPRESSION RESERVE FUND 17 (INCLUDING TRANSFER OF FUNDS) 18 For necessary expenses for large fire suppression op- 19 erations of the Department of the Interior and as a re20 serve fund for suppression and Federal emergency re21 sponse activities, $177,000,000, to remain available until 22 expended: Provided, That such amounts are only available 23 for transfer to the ‘‘Wildland Fire Management’’ account 24 following a declaration by the Secretary in accordance December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 756 1 with section 502 of the FLAME Act of 2009 (43 U.S.C. 2 1748a). 3 CENTRAL HAZARDOUS MATERIALS FUND 4 For necessary expenses of the Department of the In- 5 terior and any of its component offices and bureaus for 6 the response action, including associated activities, per7 formed pursuant to the Comprehensive Environmental Re8 sponse, Compensation, and Liability Act (42 U.S.C. 9601 9 et seq.), $10,010,000, to remain available until expended. 10 NATURAL RESOURCE DAMAGE ASSESSMENT AND 11 RESTORATION 12 NATURAL RESOURCE DAMAGE ASSESSMENT FUND 13 To conduct natural resource damage assessment, res- 14 toration activities, and onshore oil spill preparedness by 15 the Department of the Interior necessary to carry out the 16 provisions of the Comprehensive Environmental Response, 17 Compensation, and Liability Act (42 U.S.C. 9601 et seq.), 18 the Federal Water Pollution Control Act (33 U.S.C. 1251 19 et seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 20 et seq.), and Public Law 101–337 (16 U.S.C. 19jj et seq.), 21 $7,767,000, to remain available until expended. 22 23 WORKING CAPITAL FUND For the operation and maintenance of a departmental 24 financial and business management system, information 25 technology improvements of general benefit to the Depart- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 757 1 ment, and the consolidation of facilities and operations 2 throughout the Department, $67,100,000, to remain 3 available until expended: Provided, That none of the funds 4 appropriated in this Act or any other Act may be used 5 to establish reserves in the Working Capital Fund account 6 other than for accrued annual leave and depreciation of 7 equipment without prior approval of the Committees on 8 Appropriations of the House of Representatives and the 9 Senate: Provided further, That the Secretary may assess 10 reasonable charges to State, local and tribal government 11 employees for training services provided by the National 12 Indian Program Training Center, other than training re13 lated to Public Law 93–638: Provided further, That the 14 Secretary may lease or otherwise provide space and related 15 facilities, equipment or professional services of the Na16 tional Indian Program Training Center to State, local and 17 tribal government employees or persons or organizations 18 engaged in cultural, educational, or recreational activities 19 (as defined in section 3306(a) of title 40, United States 20 Code) at the prevailing rate for similar space, facilities, 21 equipment, or services in the vicinity of the National In22 dian Program Training Center: Provided further, That all 23 funds received pursuant to the two preceding provisos 24 shall be credited to this account, shall be available until 25 expended, and shall be used by the Secretary for necessary December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 758 1 expenses of the National Indian Program Training Center: 2 Provided further, That the Secretary may enter into grants 3 and cooperative agreements to support the Office of Nat4 ural Resource Revenue’s collection and disbursement of 5 royalties, fees, and other mineral revenue proceeds, as au6 thorized by law. 7 ADMINISTRATIVE PROVISION 8 There is hereby authorized for acquisition from avail- 9 able resources within the Working Capital Fund, aircraft 10 which may be obtained by donation, purchase or through 11 available excess surplus property: Provided, That existing 12 aircraft being replaced may be sold, with proceeds derived 13 or trade-in value used to offset the purchase price for the 14 replacement aircraft. 15 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR 16 (INCLUDING TRANSFERS OF FUNDS) 17 EMERGENCY TRANSFER AUTHORITY—INTRA-BUREAU 18 SEC. 101. Appropriations made in this title shall be 19 available for expenditure or transfer (within each bureau 20 or office), with the approval of the Secretary, for the emer21 gency reconstruction, replacement, or repair of aircraft, 22 buildings, utilities, or other facilities or equipment dam23 aged or destroyed by fire, flood, storm, or other unavoid24 able causes: Provided, That no funds shall be made avail25 able under this authority until funds specifically made December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 759 1 available to the Department of the Interior for emer2 gencies shall have been exhausted: Provided further, That 3 all funds used pursuant to this section must be replenished 4 by a supplemental appropriation, which must be requested 5 as promptly as possible. 6 EMERGENCY TRANSFER AUTHORITY—DEPARTMENT-WIDE 7 SEC. 102. The Secretary may authorize the expendi- 8 ture or transfer of any no year appropriation in this title, 9 in addition to the amounts included in the budget pro10 grams of the several agencies, for the suppression or emer11 gency prevention of wildland fires on or threatening lands 12 under the jurisdiction of the Department of the Interior; 13 for the emergency rehabilitation of burned-over lands 14 under its jurisdiction; for emergency actions related to po15 tential or actual earthquakes, floods, volcanoes, storms, or 16 other unavoidable causes; for contingency planning subse17 quent to actual oil spills; for response and natural resource 18 damage assessment activities related to actual oil spills or 19 releases of hazardous substances into the environment; for 20 the prevention, suppression, and control of actual or po21 tential grasshopper and Mormon cricket outbreaks on 22 lands under the jurisdiction of the Secretary, pursuant to 23 the authority in section 417(b) of Public Law 106–224 24 (7 U.S.C. 7717(b)); for emergency reclamation projects 25 under section 410 of Public Law 95–87; and shall trans- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 760 1 fer, from any no year funds available to the Office of Sur2 face Mining Reclamation and Enforcement, such funds as 3 may be necessary to permit assumption of regulatory au4 thority in the event a primacy State is not carrying out 5 the regulatory provisions of the Surface Mining Act: Pro6 vided, That appropriations made in this title for wildland 7 fire operations shall be available for the payment of obliga8 tions incurred during the preceding fiscal year, and for 9 reimbursement to other Federal agencies for destruction 10 of vehicles, aircraft, or other equipment in connection with 11 their use for wildland fire operations, such reimbursement 12 to be credited to appropriations currently available at the 13 time of receipt thereof: Provided further, That for wildland 14 fire operations, no funds shall be made available under 15 this authority until the Secretary determines that funds 16 appropriated for ‘‘wildland fire operations’’ and ‘‘FLAME 17 Wildfire Suppression Reserve Fund’’ shall be exhausted 18 within 30 days: Provided further, That all funds used pur19 suant to this section must be replenished by a supple20 mental appropriation, which must be requested as prompt21 ly as possible: Provided further, That such replenishment 22 funds shall be used to reimburse, on a pro rata basis, ac23 counts from which emergency funds were transferred. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 761 1 2 AUTHORIZED USE OF FUNDS SEC. 103. Appropriations made to the Department 3 of the Interior in this title shall be available for services 4 as authorized by section 3109 of title 5, United States 5 Code, when authorized by the Secretary, in total amount 6 not to exceed $500,000; purchase and replacement of 7 motor vehicles, including specially equipped law enforce8 ment vehicles; hire, maintenance, and operation of air9 craft; hire of passenger motor vehicles; purchase of re10 prints; payment for telephone service in private residences 11 in the field, when authorized under regulations approved 12 by the Secretary; and the payment of dues, when author13 ized by the Secretary, for library membership in societies 14 or associations which issue publications to members only 15 or at a price to members lower than to subscribers who 16 are not members. 17 AUTHORIZED USE OF FUNDS, INDIAN TRUST 18 MANAGEMENT 19 SEC. 104. Appropriations made in this Act under the 20 headings Bureau of Indian Affairs and Bureau of Indian 21 Education, and Office of the Special Trustee for American 22 Indians and any unobligated balances from prior appro23 priations Acts made under the same headings shall be 24 available for expenditure or transfer for Indian trust man25 agement and reform activities. Total funding for historical December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 762 1 accounting activities shall not exceed amounts specifically 2 designated in this Act for such purpose. 3 REDISTRIBUTION OF FUNDS, BUREAU OF INDIAN 4 AFFAIRS 5 SEC. 105. Notwithstanding any other provision of 6 law, the Secretary of the Interior is authorized to redis7 tribute any Tribal Priority Allocation funds, including 8 tribal base funds, to alleviate tribal funding inequities by 9 transferring funds to address identified, unmet needs, 10 dual enrollment, overlapping service areas or inaccurate 11 distribution methodologies. No tribe shall receive a reduc12 tion in Tribal Priority Allocation funds of more than 10 13 percent in fiscal year 2016. Under circumstances of dual 14 enrollment, overlapping service areas or inaccurate dis15 tribution methodologies, the 10 percent limitation does not 16 apply. 17 18 ELLIS, GOVERNORS, AND LIBERTY ISLANDS SEC. 106. Notwithstanding any other provision of 19 law, the Secretary of the Interior is authorized to acquire 20 lands, waters, or interests therein including the use of all 21 or part of any pier, dock, or landing within the State of 22 New York and the State of New Jersey, for the purpose 23 of operating and maintaining facilities in the support of 24 transportation and accommodation of visitors to Ellis, 25 Governors, and Liberty Islands, and of other program and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 763 1 administrative activities, by donation or with appropriated 2 funds, including franchise fees (and other monetary con3 sideration), or by exchange; and the Secretary is author4 ized to negotiate and enter into leases, subleases, conces5 sion contracts or other agreements for the use of such fa6 cilities on such terms and conditions as the Secretary may 7 determine reasonable. 8 OUTER CONTINENTAL SHELF INSPECTION FEES 9 SEC. 107. (a) In fiscal year 2016, the Secretary shall 10 collect a nonrefundable inspection fee, which shall be de11 posited in the ‘‘Offshore Safety and Environmental En12 forcement’’ account, from the designated operator for fa13 cilities subject to inspection under 43 U.S.C. 1348(c). 14 (b) Annual fees shall be collected for facilities that 15 are above the waterline, excluding drilling rigs, and are 16 in place at the start of the fiscal year. Fees for fiscal year 17 2016 shall be: 18 19 (1) $10,500 for facilities with no wells, but with processing equipment or gathering lines; 20 (2) $17,000 for facilities with 1 to 10 wells, 21 with any combination of active or inactive wells; and 22 (3) $31,500 for facilities with more than 10 23 wells, with any combination of active or inactive 24 wells. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 764 1 (c) Fees for drilling rigs shall be assessed for all in- 2 spections completed in fiscal year 2016. Fees for fiscal 3 year 2016 shall be: 4 (1) $30,500 per inspection for rigs operating in 5 water depths of 500 feet or more; and 6 (2) $16,700 per inspection for rigs operating in 7 water depths of less than 500 feet. 8 (d) The Secretary shall bill designated operators 9 under subsection (b) within 60 days, with payment re10 quired within 30 days of billing. The Secretary shall bill 11 designated operators under subsection (c) within 30 days 12 of the end of the month in which the inspection occurred, 13 with payment required within 30 days of billing. 14 BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION 15 AND ENFORCEMENT REORGANIZATION 16 SEC. 108. The Secretary of the Interior, in order to 17 implement a reorganization of the Bureau of Ocean En18 ergy Management, Regulation and Enforcement, may 19 transfer funds among and between the successor offices 20 and bureaus affected by the reorganization only in con21 formance with the reprogramming guidelines described in 22 the explanatory statement described in section 4 (in the 23 matter preceding division A of this consolidated Act). December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 765 1 CONTRACTS AND AGREEMENTS FOR WILD HORSE AND 2 BURRO HOLDING FACILITIES 3 SEC. 109. Notwithstanding any other provision of 4 this Act, the Secretary of the Interior may enter into 5 multiyear cooperative agreements with nonprofit organiza6 tions and other appropriate entities, and may enter into 7 multiyear contracts in accordance with the provisions of 8 section 3903 of title 41, United States Code (except that 9 the 5-year term restriction in subsection (a) shall not 10 apply), for the long-term care and maintenance of excess 11 wild free roaming horses and burros by such organizations 12 or entities on private land. Such cooperative agreements 13 and contracts may not exceed 10 years, subject to renewal 14 at the discretion of the Secretary. 15 16 MASS MARKING OF SALMONIDS SEC. 110. The United States Fish and Wildlife Serv- 17 ice shall, in carrying out its responsibilities to protect 18 threatened and endangered species of salmon, implement 19 a system of mass marking of salmonid stocks, intended 20 for harvest, that are released from federally operated or 21 federally financed hatcheries including but not limited to 22 fish releases of coho, chinook, and steelhead species. 23 Marked fish must have a visible mark that can be readily 24 identified by commercial and recreational fishers. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 766 1 EXHAUSTION OF ADMINISTRATIVE REVIEW 2 SEC. 111. Paragraph (1) of section 122(a) of division 3 E of Public Law 112–74 (125 Stat. 1013) is amended 4 by striking ‘‘through 2016,’’ in the first sentence and in5 serting ‘‘through 2018,’’. 6 WILD LANDS FUNDING PROHIBITION 7 SEC. 112. None of the funds made available in this 8 Act or any other Act may be used to implement, admin9 ister, or enforce Secretarial Order No. 3310 issued by the 10 Secretary of the Interior on December 22, 2010: Provided, 11 That nothing in this section shall restrict the Secretary’s 12 authorities under sections 201 and 202 of the Federal 13 Land Policy and Management Act of 1976 (43 U.S.C. 14 1711 and 1712). 15 BUREAU OF INDIAN EDUCATION OPERATED SCHOOLS 16 SEC. 113. Section 115(d) of division E of Public Law 17 112–74 (25 U.S.C. 2000 note) is amended by striking 18 ‘‘2017’’ and inserting ‘‘2027’’. 19 VOLUNTEERS IN PARKS 20 SEC. 114. Section 102301(d) of title 54, United 21 States Code, is amended by striking ‘‘$3,500,000’’ and in22 serting ‘‘$7,000,000’’. 23 CONTRACTS AND AGREEMENTS WITH INDIAN AFFAIRS 24 SEC. 115. Notwithstanding any other provision of 25 law, during fiscal year 2016, in carrying out work involv- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 767 1 ing cooperation with State, local, and tribal governments 2 or any political subdivision thereof, Indian Affairs may 3 record obligations against accounts receivable from any 4 such entities, except that total obligations at the end of 5 the fiscal year shall not exceed total budgetary resources 6 available at the end of the fiscal year. 7 8 HERITAGE AREAS SEC. 116. (a) Section 157(h)(1) of title I of Public 9 Law 106–291 (16 U.S.C. 461 note) is amended by strik10 ing ‘‘$11,000,000’’ and inserting ‘‘$13,000,000’’. 11 (b) Division II of Public Law 104–333 (16 U.S.C. 12 461 note) is amended— 13 (1) in sections 409(a), 508(a), and 812(a) by 14 striking 15 ‘‘$17,000,000’’; and 16 17 18 19 ‘‘$15,000,000’’ and inserting (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 20 or any other Act may be used by the Secretary of the Inte21 rior to write or issue pursuant to section 4 of the Endan22 gered Species Act of 1973 (16 U.S.C. 1533)— 23 24 December 16, 2015 (1:04 a.m.) (1) a proposed rule for greater sage-grouse (Centrocercus urophasianus); U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 768 1 (2) a proposed rule for the Columbia basin 2 distinct population segment of greater sage- 3 grouse. 4 ONSHORE PAY AUTHORITY EXTENSION 5 SEC. 118. For fiscal year 2016, funds made available 6 in this title for the Bureau of Land Management and the 7 Bureau of Indian Affairs may be used by the Secretary 8 of the Interior to establish higher minimum rates of basic 9 pay for employees of the Department of the Interior car10 rying out the inspection and regulation of onshore oil and 11 gas operations on public lands in the Petroleum Engineer 12 (GS–0881) and Petroleum Engineering Technician (GS– 13 0802) job series at grades 5 through 14 at rates no great14 er than 25 percent above the minimum rates of basic pay 15 normally scheduled, and such higher rates shall be con16 sistent with subsections (e) through (h) of section 5305 17 of title 5, United States Code. 18 19 REPUBLIC OF PALAU SEC. 119. (a) IN GENERAL.—Subject to subsection 20 (c), the United States Government, through the Secretary 21 of the Interior shall provide to the Government of Palau 22 for fiscal year 2016 grants in amounts equal to the annual 23 amounts specified in subsections (a), (c), and (d) of sec24 tion 211 of the Compact of Free Association between the 25 Government of the United States of America and the Gov- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 769 1 ernment of Palau (48 U.S.C. 1931 note) (referred to in 2 this section as the ‘‘Compact’’). 3 (b) PROGRAMMATIC ASSISTANCE.—Subject to sub- 4 section (c), the United States shall provide programmatic 5 assistance to the Republic of Palau for fiscal year 2016 6 in amounts equal to the amounts provided in subsections 7 (a) and (b)(1) of section 221 of the Compact. 8 (c) LIMITATIONS ON ASSISTANCE.— 9 (1) IN GENERAL.—The grants and pro- 10 grammatic assistance provided under subsections (a) 11 and (b) shall be provided to the same extent and in 12 the same manner as the grants and assistance were 13 provided in fiscal year 2009. 14 (2) TRUST FUND.—If the Government of Palau 15 withdraws more than $5,000,000 from the trust 16 fund established under section 211(f) of the Com- 17 pact, amounts to be provided under subsections (a) 18 and (b) shall be withheld from the Government of 19 Palau. 20 WILDLIFE RESTORATION EXTENSION OF INVESTMENT OF 21 UNEXPENDED AMOUNTS 22 SEC. 120. Section 3(b)(2)(C) of the Pittman-Robert- 23 son Wildlife Restoration Act (16 U.S.C. 669b(b)(2)(C)) 24 is amended by striking ‘‘2016’’ and inserting ‘‘2026’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 770 1 2 PROHIBITION ON USE OF FUNDS SEC. 121. (a) Any proposed new use of the Arizona 3 & California Railroad Company’s Right of Way for convey4 ance of water shall not proceed unless the Secretary of 5 the Interior certifies that the proposed new use is within 6 the scope of the Right of Way. 7 (b) No funds appropriated or otherwise made avail- 8 able to the Department of the Interior may be used, in 9 relation to any proposal to store water underground for 10 the purpose of export, for approval of any right-of-way or 11 similar authorization on the Mojave National Preserve or 12 lands managed by the Needles Field Office of the Bureau 13 of Land Management, or for carrying out any activities 14 associated with such right-of-way or similar approval. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 771 1 TITLE II 2 ENVIRONMENTAL PROTECTION AGENCY 3 4 SCIENCE AND TECHNOLOGY For science and technology, including research and 5 development activities, which shall include research and 6 development activities under the Comprehensive Environ7 mental Response, Compensation, and Liability Act of 8 1980; necessary expenses for personnel and related costs 9 and travel expenses; procurement of laboratory equipment 10 and supplies; and other operating expenses in support of 11 research and development, $734,648,000, to remain avail12 able until September 30, 2017: Provided, That of the 13 funds included under this heading, $14,100,000 shall be 14 for Research: National Priorities as specified in the ex15 planatory statement described in section 4 (in the matter 16 preceding division A of this consolidated Act). 17 ENVIRONMENTAL PROGRAMS 18 For environmental programs and management, in- AND MANAGEMENT 19 cluding necessary expenses, not otherwise provided for, for 20 personnel and related costs and travel expenses; hire of 21 passenger motor vehicles; hire, maintenance, and oper22 ation of aircraft; purchase of reprints; library member23 ships in societies or associations which issue publications 24 to members only or at a price to members lower than to 25 subscribers who are not members; administrative costs of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 772 1 the brownfields program under the Small Business Liabil2 ity Relief and Brownfields Revitalization Act of 2002; and 3 not to exceed $9,000 for official reception and representa4 tion expenses, $2,613,679,000, to remain available until 5 September 30, 2017: Provided, That of the funds included 6 under this heading, $12,700,000 shall be for Environ7 mental Protection: National Priorities as specified in the 8 explanatory statement described in section 4 (in the mat9 ter preceding division A of this consolidated Act): Provided 10 further, That of the funds included under this heading, 11 $427,737,000 shall be for Geographic Programs specified 12 in the explanatory statement described in section 4 (in the 13 matter preceding division A of this consolidated Act). 14 HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM 15 FUND 16 For necessary expenses to carry out section 3024 of 17 the Solid Waste Disposal Act (42 U.S.C. 6939g), includ18 ing the development, operation, maintenance, and upgrad19 ing of the hazardous waste electronic manifest system es20 tablished by such section, $3,674,000, to remain available 21 until September 30, 2018. 22 23 OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector 24 General in carrying out the provisions of the Inspector December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 773 1 General Act of 1978, $41,489,000, to remain available 2 until September 30, 2017. 3 4 BUILDINGS AND FACILITIES For construction, repair, improvement, extension, al- 5 teration, and purchase of fixed equipment or facilities of, 6 or for use by, the Environmental Protection Agency, 7 $42,317,000, to remain available until expended. 8 HAZARDOUS SUBSTANCE SUPERFUND 9 (INCLUDING TRANSFERS OF FUNDS) 10 For necessary expenses to carry out the Comprehen- 11 sive Environmental Response, Compensation, and Liabil12 ity Act of 1980 (CERCLA), including sections 111(c)(3), 13 (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611) 14 $1,088,769,000, to remain available until expended, con15 sisting of such sums as are available in the Trust Fund 16 on September 30, 2015, as authorized by section 517(a) 17 of the Superfund Amendments and Reauthorization Act 18 of 1986 (SARA) and up to $1,088,769,000 as a payment 19 from general revenues to the Hazardous Substance Super20 fund for purposes as authorized by section 517(b) of 21 SARA: Provided, That funds appropriated under this 22 heading may be allocated to other Federal agencies in ac23 cordance with section 111(a) of CERCLA: Provided fur24 ther, That of the funds appropriated under this heading, 25 $9,939,000 shall be paid to the ‘‘Office of Inspector Gen- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 774 1 eral’’ appropriation to remain available until September 2 30, 2017, and $18,850,000 shall be paid to the ‘‘Science 3 and Technology’’ appropriation to remain available until 4 September 30, 2017. 5 LEAKING UNDERGROUND STORAGE TANK TRUST FUND 6 PROGRAM 7 For necessary expenses to carry out leaking under- 8 ground storage tank cleanup activities authorized by sub9 title I of the Solid Waste Disposal Act, $91,941,000, to 10 remain available until expended, of which $66,572,000 11 shall be for carrying out leaking underground storage tank 12 cleanup activities authorized by section 9003(h) of the 13 Solid Waste Disposal Act; $25,369,000 shall be for car14 rying out the other provisions of the Solid Waste Disposal 15 Act specified in section 9508(c) of the Internal Revenue 16 Code: Provided, That the Administrator is authorized to 17 use appropriations made available under this heading to 18 implement section 9013 of the Solid Waste Disposal Act 19 to provide financial assistance to federally recognized In20 dian tribes for the development and implementation of 21 programs to manage underground storage tanks. 22 23 INLAND OIL SPILL PROGRAMS For expenses necessary to carry out the Environ- 24 mental Protection Agency’s responsibilities under the Oil 25 Pollution Act of 1990, $18,209,000, to be derived from December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 775 1 the Oil Spill Liability trust fund, to remain available until 2 expended. 3 4 STATE AND TRIBAL ASSISTANCE GRANTS For environmental programs and infrastructure as- 5 sistance, including capitalization grants for State revolv6 ing funds and performance partnership grants, 7 $3,518,161,000, to remain available until expended, of 8 which— 9 (1) $1,393,887,000 shall be for making capital- 10 ization grants for the Clean Water State Revolving 11 Funds under title VI of the Federal Water Pollution 12 Control Act; and of which $863,233,000 shall be for 13 making capitalization grants for the Drinking Water 14 State Revolving Funds under section 1452 of the 15 Safe Drinking Water Act: Provided, That for fiscal 16 year 2016, to the extent there are sufficient eligible 17 project applications and projects are consistent with 18 State Intended Use Plans, not less than 10 percent 19 of the funds made available under this title to each 20 State for Clean Water State Revolving Fund capital- 21 ization grants shall be used by the State for projects 22 to address green infrastructure, water or energy effi- 23 ciency improvements, or other environmentally inno- 24 vative activities: Provided further, That for fiscal 25 year 2016, funds made available under this title to December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 776 1 each State for Drinking Water State Revolving 2 Fund capitalization grants may, at the discretion of 3 each State, be used for projects to address green in- 4 frastructure, water or energy efficiency improve- 5 ments, or other environmentally innovative activities: 6 Provided further, That notwithstanding section 7 603(d)(7) of the Federal Water Pollution Control 8 Act, the limitation on the amounts in a State water 9 pollution control revolving fund that may be used by 10 a State to administer the fund shall not apply to 11 amounts included as principal in loans made by such 12 fund in fiscal year 2016 and prior years where such 13 amounts represent costs of administering the fund 14 to the extent that such amounts are or were deemed 15 reasonable by the Administrator, accounted for sepa- 16 rately from other assets in the fund, and used for 17 eligible purposes of the fund, including administra- 18 tion: Provided further, That for fiscal year 2016, 19 notwithstanding the limitation on amounts in section 20 518(c) of the Federal Water Pollution Control Act, 21 up to a total of 2 percent of the funds appropriated, 22 or $30,000,000, whichever is greater, and notwith- 23 standing the limitation on amounts in section 24 1452(i) of the Safe Drinking Water Act, up to a 25 total of 2 percent of the funds appropriated, or December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 777 1 $20,000,000, whichever is greater, for State Revolv- 2 ing Funds under such Acts may be reserved by the 3 Administrator for grants under section 518(c) and 4 section 1452(i) of such Acts: Provided further, That 5 for fiscal year 2016, notwithstanding the amounts 6 specified in section 205(c) of the Federal Water Pol- 7 lution Control Act, up to 1.5 percent of the aggre- 8 gate funds appropriated for the Clean Water State 9 Revolving Fund program under the Act less any 10 sums reserved under section 518(c) of the Act, may 11 be reserved by the Administrator for grants made 12 under title II of the Federal Water Pollution Control 13 Act for American Samoa, Guam, the Commonwealth 14 of the Northern Marianas, and United States Virgin 15 Islands: Provided further, That for fiscal year 2016, 16 notwithstanding the limitations on amounts specified 17 in section 1452(j) of the Safe Drinking Water Act, 18 up to 1.5 percent of the funds appropriated for the 19 Drinking Water State Revolving Fund programs 20 under the Safe Drinking Water Act may be reserved 21 by the Administrator for grants made under section 22 1452(j) of the Safe Drinking Water Act: Provided 23 further, That 10 percent of the funds made available 24 under this title to each State for Clean Water State 25 Revolving Fund capitalization grants and 20 percent December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 778 1 of the funds made available under this title to each 2 State for Drinking Water State Revolving Fund cap- 3 italization grants shall be used by the State to pro- 4 vide additional subsidy to eligible recipients in the 5 form of forgiveness of principal, negative interest 6 loans, or grants (or any combination of these), and 7 shall be so used by the State only where such funds 8 are provided as initial financing for an eligible re- 9 cipient or to buy, refinance, or restructure the debt 10 obligations of eligible recipients only where such debt 11 was incurred on or after the date of enactment of 12 this Act; 13 (2) $10,000,000 shall be for architectural, engi- 14 neering, planning, design, construction and related 15 activities in connection with the construction of high 16 priority water and wastewater facilities in the area 17 of the United States-Mexico Border, after consulta- 18 tion with the appropriate border commission; Pro- 19 vided, That no funds provided by this appropriations 20 Act to address the water, wastewater and other crit- 21 ical infrastructure needs of the colonias in the 22 United States along the United States-Mexico bor- 23 der shall be made available to a county or municipal 24 government unless that government has established 25 an enforceable local ordinance, or other zoning rule, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 779 1 which prevents in that jurisdiction the development 2 or construction of any additional colonia areas, or 3 the development within an existing colonia the con- 4 struction of any new home, business, or other struc- 5 ture which lacks water, wastewater, or other nec- 6 essary infrastructure; 7 (3) $20,000,000 shall be for grants to the State 8 of Alaska to address drinking water and wastewater 9 infrastructure needs of rural and Alaska Native Vil- 10 lages: Provided, That of these funds: (A) the State 11 of Alaska shall provide a match of 25 percent; (B) 12 no more than 5 percent of the funds may be used 13 for administrative and overhead expenses; and (C) 14 the State of Alaska shall make awards consistent 15 with the Statewide priority list established in con- 16 junction with the Agency and the U.S. Department 17 of Agriculture for all water, sewer, waste disposal, 18 and similar projects carried out by the State of Alas- 19 ka that are funded under section 221 of the Federal 20 Water Pollution Control Act (33 U.S.C. 1301) or 21 the Consolidated Farm and Rural Development Act 22 (7 U.S.C. 1921 et seq.) which shall allocate not less 23 than 25 percent of the funds provided for projects 24 in regional hub communities; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 780 1 (4) $80,000,000 shall be to carry out section 2 104(k) of the Comprehensive Environmental Re- 3 sponse, Compensation, and Liability Act of 1980 4 (CERCLA), including grants, interagency agree- 5 ments, and associated program support costs: Pro- 6 vided, That not more than 25 percent of the amount 7 appropriated 8 CERCLA shall be used for site characterization, as- 9 sessment, and remediation of facilities described in 10 11 12 to carry out section 104(k) of 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; 13 (6) $20,000,000 shall be for targeted airshed 14 grants in accordance with the terms and conditions 15 of the explanatory statement described in section 4 16 (in the matter preceding division A of this consoli- 17 dated Act); 18 (7) $1,060,041,000 shall be for grants, includ- 19 ing associated program support costs, to States, fed- 20 erally recognized tribes, interstate agencies, tribal 21 consortia, and air pollution control agencies for 22 multi-media or single media pollution prevention, 23 control and abatement and related activities, includ- 24 ing activities pursuant to the provisions set forth 25 under this heading in Public Law 104–134, and for December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 781 1 making grants under section 103 of the Clean Air 2 Act for particulate matter monitoring and data col- 3 lection activities subject to terms and conditions 4 specified 5 $47,745,000 shall be for carrying out section 128 of 6 CERCLA; $9,646,000 shall be for Environmental 7 Information Exchange Network grants, including as- 8 sociated program support costs; $1,498,000 shall be 9 for grants to States under section 2007(f)(2) of the 10 Solid Waste Disposal Act, which shall be in addition 11 to funds appropriated under the heading ‘‘Leaking 12 Underground Storage Tank Trust Fund Program’’ 13 to carry out the provisions of the Solid Waste Dis- 14 posal Act specified in section 9508(c) of the Internal 15 Revenue Code other than section 9003(h) of the 16 Solid Waste Disposal Act; $17,848,000 of the funds 17 available for grants under section 106 of the Federal 18 Water Pollution Control Act shall be for State par- 19 ticipation in national- and State-level statistical sur- 20 veys of water resources and enhancements to State 21 monitoring programs: Provided, That for the period 22 of fiscal years 2016 through 2020, notwithstanding 23 other applicable provisions of law, the funds appro- 24 priated for the Indian Environmental General As- 25 sistance Program shall be available to federally rec- December 16, 2015 (1:04 a.m.) by the Administrator, of which: U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 782 1 ognized tribes for solid waste and recovered mate- 2 rials collection, transportation, backhaul, and dis- 3 posal services; and 4 (8) $21,000,000 shall be for grants to States 5 and federally recognized Indian tribes for implemen- 6 tation of environmental programs and projects that 7 complement existing environmental program grants, 8 including interagency agreements, as specified in the 9 explanatory statement described in section 4 (in the 10 matter preceding division A of this consolidated 11 Act). 12 ADMINISTRATIVE PROVISIONS—ENVIRONMENTAL 13 PROTECTION AGENCY 14 (INCLUDING TRANSFERS AND RESCISSION OF FUNDS) 15 For fiscal year 2016, notwithstanding 31 U.S.C. 16 6303(1) and 6305(1), the Administrator of the Environ17 mental Protection Agency, in carrying out the Agency’s 18 function to implement directly Federal environmental pro19 grams required or authorized by law in the absence of an 20 acceptable tribal program, may award cooperative agree21 ments to federally recognized Indian tribes or Intertribal 22 consortia, if authorized by their member tribes, to assist 23 the Administrator in implementing Federal environmental 24 programs for Indian tribes required or authorized by law, 25 except that no such cooperative agreements may be award- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 783 1 ed from funds designated for State financial assistance 2 agreements. 3 The Administrator of the Environmental Protection 4 Agency is authorized to collect and obligate pesticide reg5 istration service fees in accordance with section 33 of the 6 Federal Insecticide, Fungicide, and Rodenticide Act, as 7 amended by Public Law 112–177, the Pesticide Registra8 tion Improvement Extension Act of 2012. 9 Notwithstanding section 33(d)(2) of the Federal In- 10 secticide, Fungicide, and Rodenticide Act (FIFRA) (7 11 U.S.C. 136w–8(d)(2)), the Administrator of the Environ12 mental Protection Agency may assess fees under section 13 33 of FIFRA (7 U.S.C. 136w–8) for fiscal year 2016. 14 The Administrator is authorized to transfer up to 15 $300,000,000 of the funds appropriated for the Great 16 Lakes Restoration Initiative under the heading ‘‘Environ17 mental Programs and Management’’ to the head of any 18 Federal department or agency, with the concurrence of 19 such head, to carry out activities that would support the 20 Great Lakes Restoration Initiative and Great Lakes 21 Water Quality Agreement programs, projects, or activities; 22 to enter into an interagency agreement with the head of 23 such Federal department or agency to carry out these ac24 tivities; and to make grants to governmental entities, non25 profit organizations, institutions, and individuals for plan- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 784 1 ning, research, monitoring, outreach, and implementation 2 in furtherance of the Great Lakes Restoration Initiative 3 and the Great Lakes Water Quality Agreement. 4 The Science and Technology, Environmental Pro- 5 grams and Management, Office of Inspector General, Haz6 ardous Substance Superfund, and Leaking Underground 7 Storage Tank Trust Fund Program Accounts, are avail8 able for the construction, alteration, repair, rehabilitation, 9 and renovation of facilities provided that the cost does not 10 exceed $150,000 per project. 11 For fiscal year 2016, and notwithstanding section 12 518(f) of the Federal Water Pollution Control Act (33 13 U.S.C. 1377(f)), the Administrator is authorized to use 14 the amounts appropriated for any fiscal year under section 15 319 of the Act to make grants to federally recognized In16 dian tribes pursuant to sections 319(h) and 518(e) of that 17 Act. 18 The Administrator is authorized to use the amounts 19 appropriated under the heading ‘‘Environmental Pro20 grams and Management’’ for fiscal year 2016 to provide 21 grants to implement the Southeastern New England Wa22 tershed Restoration Program. 23 In addition to the amounts otherwise made available 24 in this Act for the Environmental Protection Agency, 25 $27,000,000, to be available until September 30, 2017, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 785 1 to be used solely to meet Federal requirements for 2 cybersecurity implementation, including enhancing re3 sponse capabilities and upgrading incident management 4 tools: Provided, That such funds shall supplement, not 5 supplant, any other amounts made available to the Envi6 ronmental Protection Agency for such purpose: Provided 7 further, That solely for the purposes provided herein, such 8 funds may be transferred to and merged with any other 9 appropriation in this Title. 10 Of the unobligated balances available for ‘‘State and 11 Tribal Assistance Grants’’ account, $40,000,000 are per12 manently rescinded: Provided, That no amounts may be 13 rescinded from amounts that were designated by the Con14 gress as an emergency requirement pursuant to the Con15 current Resolution on the Budget or the Balanced Budget 16 and Emergency Deficit Control Act of 1985. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 786 1 TITLE III 2 RELATED AGENCIES 3 DEPARTMENT OF AGRICULTURE 4 FOREST SERVICE 5 FOREST AND RANGELAND RESEARCH 6 For necessary expenses of forest and rangeland re- 7 search as authorized by law, $291,000,000, to remain 8 available until expended: Provided, That of the funds pro9 vided, $75,000,000 is for the forest inventory and analysis 10 program. 11 12 STATE AND PRIVATE FORESTRY For necessary expenses of cooperating with and pro- 13 viding technical and financial assistance to States, terri14 tories, possessions, and others, and for forest health man15 agement, including treatments of pests, pathogens, and 16 invasive or noxious plants and for restoring and rehabili17 tating forests damaged by pests or invasive plants, cooper18 ative forestry, and education and land conservation activi19 ties and conducting an international program as author20 ized, $237,023,000, to remain available until expended, as 21 authorized by law; of which $62,347,000 is to be derived 22 from the Land and Water Conservation Fund. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 787 1 NATIONAL FOREST SYSTEM 2 (INCLUDING TRANSFERS OF FUNDS) 3 For necessary expenses of the Forest Service, not 4 otherwise provided for, for management, protection, im5 provement, and utilization of the National Forest System, 6 $1,509,364,000, to remain available until expended: Pro7 vided, That of the funds provided, $40,000,000 shall be 8 deposited in the Collaborative Forest Landscape Restora9 tion Fund for ecological restoration treatments as author10 ized by 16 U.S.C. 7303(f): Provided further, That of the 11 funds provided, $359,805,000 shall be for forest products: 12 Provided further, That of the funds provided, up to 13 $81,941,000 is for the Integrated Resource Restoration 14 pilot program for Region 1, Region 3 and Region 4: Pro15 vided further, That of the funds provided for forest prod16 ucts, up to $65,560,000 may be transferred to support 17 the Integrated Resource Restoration pilot program in the 18 preceding proviso: Provided further, That the Secretary of 19 Agriculture may transfer to the Secretary of the Interior 20 any unobligated funds appropriated in a previous fiscal 21 year for operation of the Valles Caldera National Preserve. 22 CAPITAL IMPROVEMENT AND MAINTENANCE 23 (INCLUDING TRANSFER OF FUNDS) 24 For necessary expenses of the Forest Service, not 25 otherwise provided for, $364,164,000, to remain available December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 788 1 until expended, for construction, capital improvement, 2 maintenance and acquisition of buildings and other facili3 ties and infrastructure; and for construction, reconstruc4 tion, decommissioning of roads that are no longer needed, 5 including unauthorized roads that are not part of the 6 transportation system, and maintenance of forest roads 7 and trails by the Forest Service as authorized by 16 8 U.S.C. 532–538 and 23 U.S.C. 101 and 205: Provided, 9 That $40,000,000 shall be designated for urgently needed 10 road decommissioning, road and trail repair and mainte11 nance and associated activities, and removal of fish pas12 sage barriers, especially in areas where Forest Service 13 roads may be contributing to water quality problems in 14 streams and water bodies which support threatened, en15 dangered, or sensitive species or community water sources: 16 Provided further, That funds becoming available in fiscal 17 year 2016 under the Act of March 4, 1913 (16 U.S.C. 18 501) shall be transferred to the General Fund of the 19 Treasury and shall not be available for transfer or obliga20 tion for any other purpose unless the funds are appro21 priated: Provided further, That of the funds provided for 22 decommissioning of roads, up to $14,743,000 may be 23 transferred to the ‘‘National Forest System’’ to support 24 the Integrated Resource Restoration pilot program. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 789 1 LAND ACQUISITION 2 For expenses necessary to carry out the provisions 3 of chapter 2003 of title 54, United States Code, including 4 administrative expenses, and for acquisition of land or wa5 ters, or interest therein, in accordance with statutory au6 thority applicable to the Forest Service, $63,435,000, to 7 be derived from the Land and Water Conservation Fund 8 and to remain available until expended. 9 ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL 10 ACTS 11 For acquisition of lands within the exterior bound- 12 aries of the Cache, Uinta, and Wasatch National Forests, 13 Utah; the Toiyabe National Forest, Nevada; and the An14 geles, San Bernardino, Sequoia, and Cleveland National 15 Forests, California, as authorized by law, $950,000, to be 16 derived from forest receipts. 17 ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES 18 For acquisition of lands, such sums, to be derived 19 from funds deposited by State, county, or municipal gov20 ernments, public school districts, or other public school au21 thorities, and for authorized expenditures from funds de22 posited by non-Federal parties pursuant to Land Sale and 23 Exchange Acts, pursuant to the Act of December 4, 1967 24 (16 U.S.C. 484a), to remain available until expended (16 December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 790 1 U.S.C. 516–617a, 555a; Public Law 96–586; Public Law 2 76–589, 76–591; and Public Law 78–310). 3 RANGE BETTERMENT FUND 4 For necessary expenses of range rehabilitation, pro- 5 tection, and improvement, 50 percent of all moneys re6 ceived during the prior fiscal year, as fees for grazing do7 mestic livestock on lands in National Forests in the 16 8 Western States, pursuant to section 401(b)(1) of Public 9 Law 94–579, to remain available until expended, of which 10 not to exceed 6 percent shall be available for administra11 tive expenses associated with on-the-ground range reha12 bilitation, protection, and improvements. 13 GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND 14 RANGELAND RESEARCH 15 For expenses authorized by 16 U.S.C. 1643(b), 16 $45,000, to remain available until expended, to be derived 17 from the fund established pursuant to the above Act. 18 MANAGEMENT OF NATIONAL FOREST LANDS FOR 19 SUBSISTENCE USES 20 For necessary expenses of the Forest Service to man- 21 age Federal lands in Alaska for subsistence uses under 22 title VIII of the Alaska National Interest Lands Conserva23 tion Act (Public Law 96–487), $2,500,000, to remain 24 available until expended. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 791 1 WILDLAND FIRE MANAGEMENT 2 (INCLUDING TRANSFERS OF FUNDS) 3 For necessary expenses for forest fire presuppression 4 activities on National Forest System lands, for emergency 5 fire suppression on or adjacent to such lands or other 6 lands under fire protection agreement, hazardous fuels 7 management on or adjacent to such lands, emergency re8 habilitation of burned-over National Forest System lands 9 and water, and for State and volunteer fire assistance, 10 $2,386,329,000, to remain available until expended: Pro11 vided, That such funds including unobligated balances 12 under this heading, are available for repayment of ad13 vances from other appropriations accounts previously 14 transferred for such purposes: Provided further, That such 15 funds shall be available to reimburse State and other co16 operating entities for services provided in response to wild17 fire and other emergencies or disasters to the extent such 18 reimbursements by the Forest Service for non-fire emer19 gencies are fully repaid by the responsible emergency man20 agement agency: Provided further, That, notwithstanding 21 any other provision of law, $6,914,000 of funds appro22 priated under this appropriation shall be available for the 23 Forest Service in support of fire science research author24 ized by the Joint Fire Science Program, including all For25 est Service authorities for the use of funds, such as con- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 792 1 tracts, grants, research joint venture agreements, and co2 operative agreements: Provided further, That all authori3 ties for the use of funds, including the use of contracts, 4 grants, and cooperative agreements, available to execute 5 the Forest and Rangeland Research appropriation, are 6 also available in the utilization of these funds for Fire 7 Science Research: Provided further, That funds provided 8 shall be available for emergency rehabilitation and restora9 tion, hazardous fuels management activities, support to 10 Federal emergency response, and wildfire suppression ac11 tivities of the Forest Service: Provided further, That of the 12 funds provided, $375,000,000 is for hazardous fuels man13 agement activities, $19,795,000 is for research activities 14 and to make competitive research grants pursuant to the 15 Forest and Rangeland Renewable Resources Research 16 Act, (16 U.S.C. 1641 et seq.), $78,000,000 is for State 17 fire assistance, and $13,000,000 is for volunteer fire as18 sistance under section 10 of the Cooperative Forestry As19 sistance Act of 1978 (16 U.S.C. 2106): Provided further, 20 That amounts in this paragraph may be transferred to 21 the ‘‘National Forest System’’, and ‘‘Forest and Range22 land Research’’ accounts to fund forest and rangeland re23 search, the Joint Fire Science Program, vegetation and 24 watershed management, heritage site rehabilitation, and 25 wildlife and fish habitat management and restoration: Pro- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 793 1 vided further, That the costs of implementing any coopera2 tive agreement between the Federal Government and any 3 non-Federal entity may be shared, as mutually agreed on 4 by the affected parties: Provided further, That up to 5 $15,000,000 of the funds provided herein may be used by 6 the Secretary of Agriculture to enter into procurement 7 contracts or cooperative agreements or to issue grants for 8 hazardous fuels management activities and for training or 9 monitoring associated with such hazardous fuels manage10 ment activities on Federal land or on non-Federal land 11 if the Secretary determines such activities benefit re12 sources on Federal land: Provided further, That funds 13 made available to implement the Community Forest Res14 toration Act, Public Law 106–393, title VI, shall be avail15 able for use on non-Federal lands in accordance with au16 thorities made available to the Forest Service under the 17 ‘‘State and Private Forestry’’ appropriation: Provided fur18 ther, That the Secretary of the Interior and the Secretary 19 of Agriculture may authorize the transfer of funds appro20 priated for wildland fire management, in an aggregate 21 amount not to exceed $50,000,000, between the Depart22 ments when such transfers would facilitate and expedite 23 wildland fire management programs and projects: Pro24 vided further, That of the funds provided for hazardous 25 fuels management, not to exceed $15,000,000 may be December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 794 1 used to make grants, using any authorities available to 2 the Forest Service under the ‘‘State and Private Forestry’’ 3 appropriation, for the purpose of creating incentives for 4 increased use of biomass from National Forest System 5 lands: Provided further, That funds designated for wildfire 6 suppression, including funds transferred from the 7 ‘‘FLAME Wildfire Suppression Reserve Fund’’, shall be 8 assessed for cost pools on the same basis as such assess9 ments are calculated against other agency programs: Pro10 vided further, That of the funds for hazardous fuels man11 agement, up to $24,000,000 may be transferred to the 12 ‘‘National Forest System’’ to support the Integrated Re13 source Restoration pilot program. 14 FLAME WILDFIRE SUPPRESSION RESERVE FUND 15 (INCLUDING TRANSFERS OF FUNDS) 16 For necessary expenses for large fire suppression op- 17 erations of the Department of Agriculture and as a reserve 18 fund for suppression and Federal emergency response ac19 tivities, $823,000,000, to remain available until expended: 20 Provided, That such amounts are only available for trans21 fer to the ‘‘Wildland Fire Management’’ account following 22 a declaration by the Secretary in accordance with section 23 502 of the FLAME Act of 2009 (43 U.S.C. 1748a). December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 795 1 ADMINISTRATIVE PROVISIONS, FOREST SERVICE 2 (INCLUDING TRANSFERS OF FUNDS) 3 Appropriations to the Forest Service for the current 4 fiscal year shall be available for: (1) purchase of passenger 5 motor vehicles; acquisition of passenger motor vehicles 6 from excess sources, and hire of such vehicles; purchase, 7 lease, operation, maintenance, and acquisition of aircraft 8 to maintain the operable fleet for use in Forest Service 9 wildland fire programs and other Forest Service programs; 10 notwithstanding other provisions of law, existing aircraft 11 being replaced may be sold, with proceeds derived or 12 trade-in value used to offset the purchase price for the 13 replacement aircraft; (2) services pursuant to 7 U.S.C. 14 2225, and not to exceed $100,000 for employment under 15 5 U.S.C. 3109; (3) purchase, erection, and alteration of 16 buildings and other public improvements (7 U.S.C. 2250); 17 (4) acquisition of land, waters, and interests therein pur18 suant to 7 U.S.C. 428a; (5) for expenses pursuant to the 19 Volunteers in the National Forest Act of 1972 (16 U.S.C. 20 558a, 558d, and 558a note); (6) the cost of uniforms as 21 authorized by 5 U.S.C. 5901–5902; and (7) for debt col22 lection contracts in accordance with 31 U.S.C. 3718(c). 23 Any appropriations or funds available to the Forest 24 Service may be transferred to the Wildland Fire Manage25 ment appropriation for forest firefighting, emergency re- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 796 1 habilitation of burned-over or damaged lands or waters 2 under its jurisdiction, and fire preparedness due to severe 3 burning conditions upon the Secretary’s notification of the 4 House and Senate Committees on Appropriations that all 5 fire suppression funds appropriated under the headings 6 ‘‘Wildland Fire Management’’ and ‘‘FLAME Wildfire 7 Suppression Reserve Fund’’ will be obligated within 30 8 days: Provided, That all funds used pursuant to this para9 graph must be replenished by a supplemental appropria10 tion which must be requested as promptly as possible. 11 Funds appropriated to the Forest Service shall be 12 available for assistance to or through the Agency for Inter13 national Development in connection with forest and range14 land research, technical information, and assistance in for15 eign countries, and shall be available to support forestry 16 and related natural resource activities outside the United 17 States and its territories and possessions, including tech18 nical assistance, education and training, and cooperation 19 with U.S., private, and international organizations. The 20 Forest Service, acting for the International Program, may 21 sign direct funding agreements with foreign governments 22 and institutions as well as other domestic agencies (includ23 ing the U.S. Agency for International Development, the 24 Department of State, and the Millennium Challenge Cor25 poration), U.S. private sector firms, institutions and orga- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 797 1 nizations to provide technical assistance and training pro2 grams overseas on forestry and rangeland management. 3 Funds appropriated to the Forest Service shall be 4 available for expenditure or transfer to the Department 5 of the Interior, Bureau of Land Management, for removal, 6 preparation, and adoption of excess wild horses and burros 7 from National Forest System lands, and for the perform8 ance of cadastral surveys to designate the boundaries of 9 such lands. 10 None of the funds made available to the Forest Serv- 11 ice in this Act or any other Act with respect to any fiscal 12 year shall be subject to transfer under the provisions of 13 section 702(b) of the Department of Agriculture Organic 14 Act of 1944 (7 U.S.C. 2257), section 442 of Public Law 15 106–224 (7 U.S.C. 7772), or section 10417(b) of Public 16 Law 107–107 (7 U.S.C. 8316(b)). 17 None of the funds available to the Forest Service may 18 be reprogrammed without the advance approval of the 19 House and Senate Committees on Appropriations in ac20 cordance with the reprogramming procedures contained in 21 the explanatory statement described in section 4 (in the 22 matter preceding division A of this consolidated Act). 23 Not more than $82,000,000 of funds available to the 24 Forest Service shall be transferred to the Working Capital 25 Fund of the Department of Agriculture and not more than December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 798 1 $14,500,000 of funds available to the Forest Service shall 2 be transferred to the Department of Agriculture for De3 partment Reimbursable Programs, commonly referred to 4 as Greenbook charges. Nothing in this paragraph shall 5 prohibit or limit the use of reimbursable agreements re6 quested by the Forest Service in order to obtain services 7 from the Department of Agriculture’s National Informa8 tion Technology Center and the Department of Agri9 culture’s International Technology Service. 10 Of the funds available to the Forest Service, up to 11 $5,000,000 shall be available for priority projects within 12 the scope of the approved budget, which shall be carried 13 out by the Youth Conservation Corps and shall be carried 14 out under the authority of the Public Lands Corps Act 15 of 1993, Public Law 103–82, as amended by Public Lands 16 Corps Healthy Forests Restoration Act of 2005, Public 17 Law 109–154. 18 Of the funds available to the Forest Service, $4,000 19 is available to the Chief of the Forest Service for official 20 reception and representation expenses. 21 Pursuant to sections 405(b) and 410(b) of Public 22 Law 101–593, of the funds available to the Forest Service, 23 up to $3,000,000 may be advanced in a lump sum to the 24 National Forest Foundation to aid conservation partner25 ship projects in support of the Forest Service mission, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 799 1 without regard to when the Foundation incurs expenses, 2 for projects on or benefitting National Forest System 3 lands or related to Forest Service programs: Provided, 4 That of the Federal funds made available to the Founda5 tion, no more than $300,000 shall be available for admin6 istrative expenses: Provided further, That the Foundation 7 shall obtain, by the end of the period of Federal financial 8 assistance, private contributions to match on at least one9 for-one basis funds made available by the Forest Service: 10 Provided further, That the Foundation may transfer Fed11 eral funds to a Federal or a non-Federal recipient for a 12 project at the same rate that the recipient has obtained 13 the non-Federal matching funds. 14 Pursuant to section 2(b)(2) of Public Law 98–244, 15 up to $3,000,000 of the funds available to the Forest 16 Service may be advanced to the National Fish and Wildlife 17 Foundation in a lump sum to aid cost-share conservation 18 projects, without regard to when expenses are incurred, 19 on or benefitting National Forest System lands or related 20 to Forest Service programs: Provided, That such funds 21 shall be matched on at least a one-for-one basis by the 22 Foundation or its sub-recipients: Provided further, That 23 the Foundation may transfer Federal funds to a Federal 24 or non-Federal recipient for a project at the same rate December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 800 1 that the recipient has obtained the non-Federal matching 2 funds. 3 Funds appropriated to the Forest Service shall be 4 available for interactions with and providing technical as5 sistance to rural communities and natural resource-based 6 businesses for sustainable rural development purposes. 7 Funds appropriated to the Forest Service shall be 8 available for payments to counties within the Columbia 9 River Gorge National Scenic Area, pursuant to section 10 14(c)(1) and (2), and section 16(a)(2) of Public Law 99– 11 663. 12 Any funds appropriated to the Forest Service may 13 be used to meet the non-Federal share requirement in sec14 tion 502(c) of the Older Americans Act of 1965 (42 15 U.S.C. 3056(c)(2)). 16 Funds available to the Forest Service, not to exceed 17 $65,000,000, shall be assessed for the purpose of per18 forming fire, administrative and other facilities mainte19 nance and decommissioning. Such assessments shall occur 20 using a square foot rate charged on the same basis the 21 agency uses to assess programs for payment of rent, utili22 ties, and other support services. 23 Notwithstanding any other provision of law, any ap- 24 propriations or funds available to the Forest Service not 25 to exceed $500,000 may be used to reimburse the Office December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 801 1 of the General Counsel (OGC), Department of Agri2 culture, for travel and related expenses incurred as a re3 sult of OGC assistance or participation requested by the 4 Forest Service at meetings, training sessions, management 5 reviews, land purchase negotiations and similar nonlitiga6 tion-related matters. Future budget justifications for both 7 the Forest Service and the Department of Agriculture 8 should clearly display the sums previously transferred and 9 the requested funding transfers. 10 An eligible individual who is employed in any project 11 funded under title V of the Older Americans Act of 1965 12 (42 U.S.C. 3056 et seq.) and administered by the Forest 13 Service shall be considered to be a Federal employee for 14 purposes of chapter 171 of title 28, United States Code. 15 DEPARTMENT OF HEALTH AND HUMAN 16 SERVICES 17 INDIAN HEALTH SERVICE 18 INDIAN HEALTH SERVICES 19 For expenses necessary to carry out the Act of Au- 20 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina21 tion and Education Assistance Act, the Indian Health 22 Care Improvement Act, and titles II and III of the Public 23 Health Service Act with respect to the Indian Health Serv24 ice, $3,566,387,000, together with payments received dur25 ing the fiscal year pursuant to 42 U.S.C. 238(b) and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 802 1 238b, for services furnished by the Indian Health Service: 2 Provided, That funds made available to tribes and tribal 3 organizations through contracts, grant agreements, or any 4 other agreements or compacts authorized by the Indian 5 Self-Determination and Education Assistance Act of 1975 6 (25 U.S.C. 450), shall be deemed to be obligated at the 7 time of the grant or contract award and thereafter shall 8 remain available to the tribe or tribal organization without 9 fiscal year limitation: Provided further, That, 10 $914,139,000 for Purchased/Referred Care, including 11 $51,500,000 for the Indian Catastrophic Health Emer12 gency Fund, shall remain available until expended: Pro13 vided further, That, of the funds provided, up to 14 $36,000,000 shall remain available until expended for im15 plementation of the loan repayment program under section 16 108 of the Indian Health Care Improvement Act: Provided 17 further, That, of the funds provided, $2,000,000 shall be 18 used to supplement funds available for operational costs 19 at tribal clinics operated under an Indian Self-Determina20 tion and Education Assistance Act compact or contract 21 where health care is delivered in space acquired through 22 a full service lease, which is not eligible for maintenance 23 and improvement and equipment funds from the Indian 24 Health Service, and $2,000,000 shall be for accreditation 25 emergencies: Provided further, That the amounts collected December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 803 1 by the Federal Government as authorized by sections 104 2 and 108 of the Indian Health Care Improvement Act (25 3 U.S.C. 1613a and 1616a) during the preceding fiscal year 4 for breach of contracts shall be deposited to the Fund au5 thorized by section 108A of the Act (25 U.S.C. 1616a– 6 1) and shall remain available until expended and, notwith7 standing section 108A(c) of the Act (25 U.S.C. 1616a– 8 1(c)), funds shall be available to make new awards under 9 the loan repayment and scholarship programs under sec10 tions 104 and 108 of the Act (25 U.S.C. 1613a and 11 1616a): Provided further, That, notwithstanding any other 12 provision of law, the amounts made available within this 13 account for the methamphetamine and suicide prevention 14 and treatment initiative, for the domestic violence preven15 tion initiative, to improve collections from public and pri16 vate insurance at Indian Health Service and tribally oper17 ated facilities, and for accreditation emergencies shall be 18 allocated at the discretion of the Director of the Indian 19 Health Service and shall remain available until expended: 20 Provided further, That funds provided in this Act may be 21 used for annual contracts and grants that fall within 2 22 fiscal years, provided the total obligation is recorded in 23 the year the funds are appropriated: Provided further, 24 That the amounts collected by the Secretary of Health and 25 Human Services under the authority of title IV of the In- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 804 1 dian Health Care Improvement Act shall remain available 2 until expended for the purpose of achieving compliance 3 with the applicable conditions and requirements of titles 4 XVIII and XIX of the Social Security Act, except for those 5 related to the planning, design, or construction of new fa6 cilities: Provided further, That funding contained herein 7 for scholarship programs under the Indian Health Care 8 Improvement Act (25 U.S.C. 1613) shall remain available 9 until expended: Provided further, That amounts received 10 by tribes and tribal organizations under title IV of the In11 dian Health Care Improvement Act shall be reported and 12 accounted for and available to the receiving tribes and 13 tribal organizations until expended: Provided further, That 14 the Bureau of Indian Affairs may collect from the Indian 15 Health Service, tribes and tribal organizations operating 16 health facilities pursuant to Public Law 93–638, such in17 dividually identifiable health information relating to dis18 abled children as may be necessary for the purpose of car19 rying out its functions under the Individuals with Disabil20 ities Education Act (20 U.S.C. 1400, et seq.): Provided 21 further, That the Indian Health Care Improvement Fund 22 may be used, as needed, to carry out activities typically 23 funded under the Indian Health Facilities account. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 805 1 2 CONTRACT SUPPORT COSTS For payments to tribes and tribal organizations for 3 contract support costs associated with Indian Self-Deter4 mination and Education Assistance Act agreements with 5 the Indian Health Service for fiscal year 2016, such sums 6 as may be necessary: Provided, That amounts obligated 7 but not expended by a tribe or tribal organization for con8 tract support costs for such agreements for the current 9 fiscal year shall be applied to contract support costs other10 wise due for such agreements for subsequent fiscal years: 11 Provided further, That, notwithstanding any other provi12 sion of law, no amounts made available under this heading 13 shall be available for transfer to another budget account. 14 15 INDIAN HEALTH FACILITIES For construction, repair, maintenance, improvement, 16 and equipment of health and related auxiliary facilities, 17 including quarters for personnel; preparation of plans, 18 specifications, and drawings; acquisition of sites, purchase 19 and erection of modular buildings, and purchases of trail20 ers; and for provision of domestic and community sanita21 tion facilities for Indians, as authorized by section 7 of 22 the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian 23 Self-Determination Act, and the Indian Health Care Im24 provement Act, and for expenses necessary to carry out 25 such Acts and titles II and III of the Public Health Serv- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 806 1 ice Act with respect to environmental health and facilities 2 support activities of the Indian Health Service, 3 $523,232,000, to remain available until expended: Pro4 vided, That, notwithstanding any other provision of law, 5 funds appropriated for the planning, design, construction, 6 renovation or expansion of health facilities for the benefit 7 of an Indian tribe or tribes may be used to purchase land 8 on which such facilities will be located: Provided further, 9 That not to exceed $500,000 may be used by the Indian 10 Health Service to purchase TRANSAM equipment from 11 the Department of Defense for distribution to the Indian 12 Health Service and tribal facilities: Provided further, That 13 none of the funds appropriated to the Indian Health Serv14 ice may be used for sanitation facilities construction for 15 new homes funded with grants by the housing programs 16 of the United States Department of Housing and Urban 17 Development: Provided further, That not to exceed 18 $2,700,000 from this account and the ‘‘Indian Health 19 Services’’ account may be used by the Indian Health Serv20 ice to obtain ambulances for the Indian Health Service 21 and tribal facilities in conjunction with an existing inter22 agency agreement between the Indian Health Service and 23 the General Services Administration: Provided further, 24 That not to exceed $500,000 may be placed in a Demoli25 tion Fund, to remain available until expended, and be used December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 807 1 by the Indian Health Service for the demolition of Federal 2 buildings. 3 ADMINISTRATIVE PROVISIONS—INDIAN HEALTH SERVICE 4 Appropriations provided in this Act to the Indian 5 Health Service shall be available for services as authorized 6 by 5 U.S.C. 3109 at rates not to exceed the per diem rate 7 equivalent to the maximum rate payable for senior-level 8 positions under 5 U.S.C. 5376; hire of passenger motor 9 vehicles and aircraft; purchase of medical equipment; pur10 chase of reprints; purchase, renovation and erection of 11 modular buildings and renovation of existing facilities; 12 payments for telephone service in private residences in the 13 field, when authorized under regulations approved by the 14 Secretary; uniforms or allowances therefor as authorized 15 by 5 U.S.C. 5901–5902; and for expenses of attendance 16 at meetings that relate to the functions or activities of the 17 Indian Health Service: Provided, That in accordance with 18 the provisions of the Indian Health Care Improvement 19 Act, non-Indian patients may be extended health care at 20 all tribally administered or Indian Health Service facili21 ties, subject to charges, and the proceeds along with funds 22 recovered under the Federal Medical Care Recovery Act 23 (42 U.S.C. 2651–2653) shall be credited to the account 24 of the facility providing the service and shall be available 25 without fiscal year limitation: Provided further, That not- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 808 1 withstanding any other law or regulation, funds trans2 ferred from the Department of Housing and Urban Devel3 opment to the Indian Health Service shall be administered 4 under Public Law 86–121, the Indian Sanitation Facilities 5 Act and Public Law 93–638: Provided further, That funds 6 appropriated to the Indian Health Service in this Act, ex7 cept those used for administrative and program direction 8 purposes, shall not be subject to limitations directed at 9 curtailing Federal travel and transportation: Provided fur10 ther, That none of the funds made available to the Indian 11 Health Service in this Act shall be used for any assess12 ments or charges by the Department of Health and 13 Human Services unless identified in the budget justifica14 tion and provided in this Act, or approved by the House 15 and Senate Committees on Appropriations through the re16 programming process: Provided further, That notwith17 standing any other provision of law, funds previously or 18 herein made available to a tribe or tribal organization 19 through a contract, grant, or agreement authorized by 20 title I or title V of the Indian Self-Determination and 21 Education Assistance Act of 1975 (25 U.S.C. 450), may 22 be deobligated and reobligated to a self-determination con23 tract under title I, or a self-governance agreement under 24 title V of such Act and thereafter shall remain available 25 to the tribe or tribal organization without fiscal year limi- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 809 1 tation: Provided further, That none of the funds made 2 available to the Indian Health Service in this Act shall 3 be used to implement the final rule published in the Fed4 eral Register on September 16, 1987, by the Department 5 of Health and Human Services, relating to the eligibility 6 for the health care services of the Indian Health Service 7 until the Indian Health Service has submitted a budget 8 request reflecting the increased costs associated with the 9 proposed final rule, and such request has been included 10 in an appropriations Act and enacted into law: Provided 11 further, That with respect to functions transferred by the 12 Indian Health Service to tribes or tribal organizations, the 13 Indian Health Service is authorized to provide goods and 14 services to those entities on a reimbursable basis, includ15 ing payments in advance with subsequent adjustment, and 16 the reimbursements received therefrom, along with the 17 funds received from those entities pursuant to the Indian 18 Self-Determination Act, may be credited to the same or 19 subsequent appropriation account from which the funds 20 were originally derived, with such amounts to remain 21 available until expended: Provided further, That reim22 bursements for training, technical assistance, or services 23 provided by the Indian Health Service will contain total 24 costs, including direct, administrative, and overhead asso25 ciated with the provision of goods, services, or technical December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 810 1 assistance: Provided further, That the appropriation struc2 ture for the Indian Health Service may not be altered 3 without advance notification to the House and Senate 4 Committees on Appropriations: Provided further, That the 5 Indian Health Service shall develop a strategic plan for 6 the Urban Indian Health program in consultation with 7 urban Indians and the National Academy of Public Ad8 ministration, and shall publish such plan not later than 9 one year after the date of enactment of this Act. 10 NATIONAL INSTITUTES OF HEALTH 11 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH 12 SCIENCES 13 For necessary expenses for the National Institute of 14 Environmental Health Sciences in carrying out activities 15 set forth in section 311(a) of the Comprehensive Environ16 mental Response, Compensation, and Liability Act of 17 1980 (42 U.S.C. 9660(a)) and section 126(g) of the 18 Superfund Amendments and Reauthorization Act of 1986, 19 $77,349,000. 20 AGENCY FOR TOXIC SUBSTANCES AND DISEASE 21 REGISTRY 22 TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC 23 HEALTH 24 For necessary expenses for the Agency for Toxic Sub- 25 stances and Disease Registry (ATSDR) in carrying out December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 811 1 activities set forth in sections 104(i) and 111(c)(4) of the 2 Comprehensive Environmental Response, Compensation, 3 and Liability Act of 1980 (CERCLA) and section 3019 4 of the Solid Waste Disposal Act, $74,691,000, of which 5 up to $1,000 per eligible employee of the Agency for Toxic 6 Substances and Disease Registry shall remain available 7 until expended for Individual Learning Accounts: Pro8 vided, That notwithstanding any other provision of law, 9 in lieu of performing a health assessment under section 10 104(i)(6) of CERCLA, the Administrator of ATSDR may 11 conduct other appropriate health studies, evaluations, or 12 activities, including, without limitation, biomedical testing, 13 clinical evaluations, medical monitoring, and referral to 14 accredited healthcare providers: Provided further, That in 15 performing any such health assessment or health study, 16 evaluation, or activity, the Administrator of ATSDR shall 17 not be bound by the deadlines in section 104(i)(6)(A) of 18 CERCLA: Provided further, That none of the funds appro19 priated under this heading shall be available for ATSDR 20 to issue in excess of 40 toxicological profiles pursuant to 21 section 104(i) of CERCLA during fiscal year 2016, and 22 existing profiles may be updated as necessary. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 812 1 OTHER RELATED AGENCIES 2 EXECUTIVE OFFICE OF THE PRESIDENT 3 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF 4 ENVIRONMENTAL QUALITY 5 For necessary expenses to continue functions as- 6 signed to the Council on Environmental Quality and Office 7 of Environmental Quality pursuant to the National Envi8 ronmental Policy Act of 1969, the Environmental Quality 9 Improvement Act of 1970, and Reorganization Plan No. 10 1 of 1977, and not to exceed $750 for official reception 11 and representation expenses, $3,000,000: Provided, That 12 notwithstanding section 202 of the National Environ13 mental Policy Act of 1970, the Council shall consist of 14 one member, appointed by the President, by and with the 15 advice and consent of the Senate, serving as chairman and 16 exercising all powers, functions, and duties of the Council. 17 CHEMICAL SAFETY 18 19 AND HAZARD INVESTIGATION BOARD SALARIES AND EXPENSES For necessary expenses in carrying out activities pur- 20 suant to section 112(r)(6) of the Clean Air Act, including 21 hire of passenger vehicles, uniforms or allowances there22 for, as authorized by 5 U.S.C. 5901–5902, and for serv23 ices authorized by 5 U.S.C. 3109 but at rates for individ24 uals not to exceed the per diem equivalent to the maximum 25 rate payable for senior level positions under 5 U.S.C. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 813 1 5376, $11,000,000: Provided, That the Chemical Safety 2 and Hazard Investigation Board (Board) shall have not 3 more than three career Senior Executive Service positions: 4 Provided further, That notwithstanding any other provi5 sion of law, the individual appointed to the position of In6 spector General of the Environmental Protection Agency 7 (EPA) shall, by virtue of such appointment, also hold the 8 position of Inspector General of the Board: Provided fur9 ther, That notwithstanding any other provision of law, the 10 Inspector General of the Board shall utilize personnel of 11 the Office of Inspector General of EPA in performing the 12 duties of the Inspector General of the Board, and shall 13 not appoint any individuals to positions within the Board. 14 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION 15 SALARIES AND EXPENSES 16 (INCLUDING TRANSFER OF FUNDS) 17 For necessary expenses of the Office of Navajo and 18 Hopi Indian Relocation as authorized by Public Law 93– 19 531, $15,000,000, to remain available until expended: 20 Provided, That funds provided in this or any other appro21 priations Act are to be used to relocate eligible individuals 22 and groups including evictees from District 6, Hopi-parti23 tioned lands residents, those in significantly substandard 24 housing, and all others certified as eligible and not in25 cluded in the preceding categories: Provided further, That December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 814 1 none of the funds contained in this or any other Act may 2 be used by the Office of Navajo and Hopi Indian Reloca3 tion to evict any single Navajo or Navajo family who, as 4 of November 30, 1985, was physically domiciled on the 5 lands partitioned to the Hopi Tribe unless a new or re6 placement home is provided for such household: Provided 7 further, That no relocatee will be provided with more than 8 one new or replacement home: Provided further, That the 9 Office shall relocate any certified eligible relocatees who 10 have selected and received an approved homesite on the 11 Navajo reservation or selected a replacement residence off 12 the Navajo reservation or on the land acquired pursuant 13 to 25 U.S.C. 640d–10: Provided further, That $200,000 14 shall be transferred to the Office of Inspector General of 15 the Department of the Interior, to remain available until 16 expended, for audits and investigations of the Office of 17 Navajo and Hopi Indian Relocation, consistent with the 18 Inspector General Act of 1978 (5 U.S.C. App.). 19 INSTITUTE 20 21 22 OF AMERICAN INDIAN CULTURE AND AND ALASKA NATIVE ARTS DEVELOPMENT PAYMENT TO THE INSTITUTE For payment to the Institute of American Indian and 23 Alaska Native Culture and Arts Development, as author24 ized by title XV of Public Law 99–498 (20 U.S.C. 56 part December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 815 1 A), $11,619,000, to remain available until September 30, 2 2017. 3 SMITHSONIAN INSTITUTION 4 SALARIES AND EXPENSES 5 For necessary expenses of the Smithsonian Institu- 6 tion, as authorized by law, including research in the fields 7 of art, science, and history; development, preservation, and 8 documentation of the National Collections; presentation of 9 public exhibits and performances; collection, preparation, 10 dissemination, and exchange of information and publica11 tions; conduct of education, training, and museum assist12 ance programs; maintenance, alteration, operation, lease 13 agreements of no more than 30 years, and protection of 14 buildings, facilities, and approaches; not to exceed 15 $100,000 for services as authorized by 5 U.S.C. 3109; and 16 purchase, rental, repair, and cleaning of uniforms for em17 ployees, $696,045,000, to remain available until Sep18 tember 30, 2017, except as otherwise provided herein; of 19 which not to exceed $48,233,000 for the instrumentation 20 program, collections acquisition, exhibition reinstallation, 21 the National Museum of African American History and 22 Culture, and the repatriation of skeletal remains program 23 shall remain available until expended; and including such 24 funds as may be necessary to support American overseas 25 research centers: Provided, That funds appropriated here- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 816 1 in are available for advance payments to independent con2 tractors performing research services or participating in 3 official Smithsonian presentations. 4 5 FACILITIES CAPITAL For necessary expenses of repair, revitalization, and 6 alteration of facilities owned or occupied by the Smithso7 nian Institution, by contract or otherwise, as authorized 8 by section 2 of the Act of August 22, 1949 (63 Stat. 623), 9 and for construction, including necessary personnel, 10 $144,198,000, to remain available until expended, of 11 which not to exceed $10,000 shall be for services as au12 thorized by 5 U.S.C. 3109. 13 14 15 NATIONAL GALLERY OF ART SALARIES AND EXPENSES For the upkeep and operations of the National Gal- 16 lery of Art, the protection and care of the works of art 17 therein, and administrative expenses incident thereto, as 18 authorized by the Act of March 24, 1937 (50 Stat. 51), 19 as amended by the public resolution of April 13, 1939 20 (Public Resolution 9, Seventy-sixth Congress), including 21 services as authorized by 5 U.S.C. 3109; payment in ad22 vance when authorized by the treasurer of the Gallery for 23 membership in library, museum, and art associations or 24 societies whose publications or services are available to 25 members only, or to members at a price lower than to the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 817 1 general public; purchase, repair, and cleaning of uniforms 2 for guards, and uniforms, or allowances therefor, for other 3 employees as authorized by law (5 U.S.C. 5901–5902); 4 purchase or rental of devices and services for protecting 5 buildings and contents thereof, and maintenance, alter6 ation, improvement, and repair of buildings, approaches, 7 and grounds; and purchase of services for restoration and 8 repair of works of art for the National Gallery of Art by 9 contracts made, without advertising, with individuals, 10 firms, or organizations at such rates or prices and under 11 such terms and conditions as the Gallery may deem prop12 er, $124,988,000, to remain available until September 30, 13 2017, of which not to exceed $3,578,000 for the special 14 exhibition program shall remain available until expended. 15 REPAIR, RESTORATION AND RENOVATION OF BUILDINGS 16 For necessary expenses of repair, restoration and 17 renovation of buildings, grounds and facilities owned or 18 occupied by the National Gallery of Art, by contract or 19 otherwise, for operating lease agreements of no more than 20 10 years, with no extensions or renewals beyond the 10 21 years, that address space needs created by the ongoing 22 renovations in the Master Facilities Plan, as authorized, 23 $22,564,000, to remain available until expended: Pro24 vided, That contracts awarded for environmental systems, 25 protection systems, and exterior repair or renovation of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 818 1 buildings of the National Gallery of Art may be negotiated 2 with selected contractors and awarded on the basis of con3 tractor qualifications as well as price. 4 JOHN F. KENNEDY CENTER 5 ARTS 6 OPERATIONS AND MAINTENANCE 7 FOR THE PERFORMING For necessary expenses for the operation, mainte- 8 nance and security of the John F. Kennedy Center for 9 the Performing Arts, $21,660,000. 10 CAPITAL REPAIR AND RESTORATION 11 For necessary expenses for capital repair and restora- 12 tion of the existing features of the building and site of 13 the John F. Kennedy Center for the Performing Arts, 14 $14,740,000, to remain available until expended. 15 WOODROW WILSON INTERNATIONAL CENTER 16 SCHOLARS 17 SALARIES AND EXPENSES 18 FOR For expenses necessary in carrying out the provisions 19 of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 20 1356) including hire of passenger vehicles and services as 21 authorized by 5 U.S.C. 3109, $10,500,000, to remain 22 available until September 30, 2017. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 819 1 2 3 4 5 NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES NATIONAL ENDOWMENT FOR THE ARTS GRANTS AND ADMINISTRATION For necessary expenses to carry out the National 6 Foundation on the Arts and the Humanities Act of 1965, 7 $147,949,000 shall be available to the National Endow8 ment for the Arts for the support of projects and produc9 tions in the arts, including arts education and public out10 reach activities, through assistance to organizations and 11 individuals pursuant to section 5 of the Act, for program 12 support, and for administering the functions of the Act, 13 to remain available until expended. 14 15 16 NATIONAL ENDOWMENT FOR THE HUMANITIES GRANTS AND ADMINISTRATION For necessary expenses to carry out the National 17 Foundation on the Arts and the Humanities Act of 1965, 18 $147,942,000 to remain available until expended, of which 19 $137,042,000 shall be available for support of activities 20 in the humanities, pursuant to section 7(c) of the Act and 21 for administering the functions of the Act; and 22 $10,900,000 shall be available to carry out the matching 23 grants program pursuant to section 10(a)(2) of the Act, 24 including $8,500,000 for the purposes of section 7(h): 25 Provided, That appropriations for carrying out section December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 820 1 10(a)(2) shall be available for obligation only in such 2 amounts as may be equal to the total amounts of gifts, 3 bequests, devises of money, and other property accepted 4 by the chairman or by grantees of the National Endow5 ment for the Humanities under the provisions of sections 6 11(a)(2)(B) and 11(a)(3)(B) during the current and pre7 ceding fiscal years for which equal amounts have not pre8 viously been appropriated. 9 10 ADMINISTRATIVE PROVISIONS None of the funds appropriated to the National 11 Foundation on the Arts and the Humanities may be used 12 to process any grant or contract documents which do not 13 include the text of 18 U.S.C. 1913: Provided, That none 14 of the funds appropriated to the National Foundation on 15 the Arts and the Humanities may be used for official re16 ception and representation expenses: Provided further, 17 That funds from nonappropriated sources may be used as 18 necessary for official reception and representation ex19 penses: Provided further, That the Chairperson of the Na20 tional Endowment for the Arts may approve grants of up 21 to $10,000, if in the aggregate the amount of such grants 22 does not exceed 5 percent of the sums appropriated for 23 grantmaking purposes per year: Provided further, That 24 such small grant actions are taken pursuant to the terms December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 821 1 of an expressed and direct delegation of authority from 2 the National Council on the Arts to the Chairperson. 3 COMMISSION 4 OF FINE ARTS SALARIES AND EXPENSES 5 For expenses of the Commission of Fine Arts under 6 chapter 91 of title 40, United States Code, $2,653,000: 7 Provided, That the Commission is authorized to charge 8 fees to cover the full costs of its publications, and such 9 fees shall be credited to this account as an offsetting col10 lection, to remain available until expended without further 11 appropriation: Provided further, That the Commission is 12 authorized to accept gifts, including objects, papers, art13 work, drawings and artifacts, that pertain to the history 14 and design of the Nation’s Capital or the history and ac15 tivities of the Commission of Fine Arts, for the purpose 16 of artistic display, study or education. 17 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS 18 For necessary expenses as authorized by Public Law 19 99–190 (20 U.S.C. 956a), $2,000,000. 20 ADVISORY COUNCIL 21 22 ON HISTORIC PRESERVATION SALARIES AND EXPENSES For necessary expenses of the Advisory Council on 23 Historic Preservation (Public Law 89–665), $6,080,000. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 822 1 NATIONAL CAPITAL PLANNING COMMISSION 2 SALARIES AND EXPENSES 3 For necessary expenses of the National Capital Plan- 4 ning Commission under chapter 87 of title 40, United 5 States Code, including services as authorized by 5 U.S.C. 6 3109, $8,348,000: Provided, That one-quarter of 1 per7 cent of the funds provided under this heading may be used 8 for official reception and representational expenses associ9 ated with hosting international visitors engaged in the 10 planning and physical development of world capitals. 11 UNITED STATES HOLOCAUST MEMORIAL MUSEUM 12 HOLOCAUST MEMORIAL MUSEUM 13 For expenses of the Holocaust Memorial Museum, as 14 authorized by Public Law 106–292 (36 U.S.C. 2301– 15 2310), $54,000,000, of which $1,215,000 shall remain 16 available until September 30, 2018, for the Museum’s 17 equipment replacement program; and of which $2,500,000 18 for the Museum’s repair and rehabilitation program and 19 $1,264,000 for the Museum’s outreach initiatives program 20 shall remain available until expended. 21 DWIGHT D. EISENHOWER MEMORIAL COMMISSION 22 SALARIES AND EXPENSES 23 For necessary expenses, including the costs of con- 24 struction design, of the Dwight D. Eisenhower Memorial December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 823 1 Commission, $1,000,000, to remain available until ex2 pended. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 824 1 TITLE IV 2 GENERAL PROVISIONS 3 (INCLUDING TRANSFERS OF FUNDS) 4 RESTRICTION ON USE OF FUNDS 5 SEC. 401. No part of any appropriation contained in 6 this Act shall be available for any activity or the publica7 tion or distribution of literature that in any way tends to 8 promote public support or opposition to any legislative 9 proposal on which Congressional action is not complete 10 other than to communicate to Members of Congress as 11 described in 18 U.S.C. 1913. 12 13 OBLIGATION OF APPROPRIATIONS SEC. 402. No part of any appropriation contained in 14 this Act shall remain available for obligation beyond the 15 current fiscal year unless expressly so provided herein. 16 17 DISCLOSURE OF ADMINISTRATIVE EXPENSES SEC. 403. The amount and basis of estimated over- 18 head charges, deductions, reserves or holdbacks, including 19 working capital fund and cost pool charges, from pro20 grams, projects, activities and subactivities to support gov21 ernment-wide, departmental, agency, or bureau adminis22 trative functions or headquarters, regional, or central op23 erations shall be presented in annual budget justifications 24 and subject to approval by the Committees on Appropria25 tions of the House of Representatives and the Senate. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 825 1 Changes to such estimates shall be presented to the Com2 mittees on Appropriations for approval. 3 4 MINING APPLICATIONS SEC. 404. (a) LIMITATION OF FUNDS.—None of the 5 funds appropriated or otherwise made available pursuant 6 to this Act shall be obligated or expended to accept or 7 process applications for a patent for any mining or mill 8 site claim located under the general mining laws. 9 (b) EXCEPTIONS.—Subsection (a) shall not apply if 10 the Secretary of the Interior determines that, for the claim 11 concerned (1) a patent application was filed with the Sec12 retary on or before September 30, 1994; and (2) all re13 quirements established under sections 2325 and 2326 of 14 the Revised Statutes (30 U.S.C. 29 and 30) for vein or 15 lode claims, sections 2329, 2330, 2331, and 2333 of the 16 Revised Statutes (30 U.S.C. 35, 36, and 37) for placer 17 claims, and section 2337 of the Revised Statutes (30 18 U.S.C. 42) for mill site claims, as the case may be, were 19 fully complied with by the applicant by that date. 20 (c) REPORT.—On September 30, 2017, the Secretary 21 of the Interior shall file with the House and Senate Com22 mittees on Appropriations and the Committee on Natural 23 Resources of the House and the Committee on Energy and 24 Natural Resources of the Senate a report on actions taken 25 by the Department under the plan submitted pursuant to December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 826 1 section 314(c) of the Department of the Interior and Re2 lated Agencies Appropriations Act, 1997 (Public Law 3 104–208). 4 (d) MINERAL EXAMINATIONS.—In order to process 5 patent applications in a timely and responsible manner, 6 upon the request of a patent applicant, the Secretary of 7 the Interior shall allow the applicant to fund a qualified 8 third-party contractor to be selected by the Director of the 9 Bureau of Land Management to conduct a mineral exam10 ination of the mining claims or mill sites contained in a 11 patent application as set forth in subsection (b). The Bu12 reau of Land Management shall have the sole responsi13 bility to choose and pay the third-party contractor in ac14 cordance with the standard procedures employed by the 15 Bureau of Land Management in the retention of third16 party contractors. 17 CONTRACT SUPPORT COSTS, PRIOR YEAR LIMITATION 18 SEC. 405. Sections 405 and 406 of division F of the 19 Consolidated and Further Continuing Appropriations Act, 20 2015 (Public Law 113–235) shall continue in effect in fis21 cal year 2016. 22 CONTRACT SUPPORT COSTS, FISCAL YEAR 2016 23 LIMITATION 24 SEC. 406. Amounts provided by this Act for fiscal 25 year 2016 under the headings ‘‘Department of Health and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 827 1 Human Services, Indian Health Service, Contract Support 2 Costs’’ and ‘‘Department of the Interior, Bureau of Indian 3 Affairs and Bureau of Indian Education, Contract Sup4 port Costs’’ are the only amounts available for contract 5 support costs arising out of self-determination or self-gov6 ernance contracts, grants, compacts, or annual funding 7 agreements for fiscal year 2016 with the Bureau of Indian 8 Affairs or the Indian Health Service: Provided, That such 9 amounts provided by this Act are not available for pay10 ment of claims for contract support costs for prior years, 11 or for repayments of payments for settlements or judg12 ments awarding contract support costs for prior years. 13 14 FOREST MANAGEMENT PLANS SEC. 407. The Secretary of Agriculture shall not be 15 considered to be in violation of subparagraph 6(f)(5)(A) 16 of the Forest and Rangeland Renewable Resources Plan17 ning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely because 18 more than 15 years have passed without revision of the 19 plan for a unit of the National Forest System. Nothing 20 in this section exempts the Secretary from any other re21 quirement of the Forest and Rangeland Renewable Re22 sources Planning Act (16 U.S.C. 1600 et seq.) or any 23 other law: Provided, That if the Secretary is not acting 24 expeditiously and in good faith, within the funding avail25 able, to revise a plan for a unit of the National Forest December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 828 1 System, this section shall be void with respect to such plan 2 and a court of proper jurisdiction may order completion 3 of the plan on an accelerated basis. 4 5 PROHIBITION WITHIN NATIONAL MONUMENTS SEC. 408. No funds provided in this Act may be ex- 6 pended to conduct preleasing, leasing and related activities 7 under either the Mineral Leasing Act (30 U.S.C. 181 et 8 seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 9 1331 et seq.) within the boundaries of a National Monu10 ment established pursuant to the Act of June 8, 1906 (16 11 U.S.C. 431 et seq.) as such boundary existed on January 12 20, 2001, except where such activities are allowed under 13 the Presidential proclamation establishing such monu14 ment. 15 16 LIMITATION ON TAKINGS SEC. 409. Unless otherwise provided herein, no funds 17 appropriated in this Act for the acquisition of lands or 18 interests in lands may be expended for the filing of dec19 larations of taking or complaints in condemnation without 20 the approval of the House and Senate Committees on Ap21 propriations: Provided, That this provision shall not apply 22 to funds appropriated to implement the Everglades Na23 tional Park Protection and Expansion Act of 1989, or to 24 funds appropriated for Federal assistance to the State of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 829 1 Florida to acquire lands for Everglades restoration pur2 poses. 3 4 TIMBER SALE REQUIREMENTS SEC. 410. No timber sale in Alaska’s Region 10 shall 5 be advertised if the indicated rate is deficit (defined as 6 the value of the timber is not sufficient to cover all logging 7 and stumpage costs and provide a normal profit and risk 8 allowance under the Forest Service’s appraisal process) 9 when appraised using a residual value appraisal. The west10 ern red cedar timber from those sales which is surplus 11 to the needs of the domestic processors in Alaska, shall 12 be made available to domestic processors in the contiguous 13 48 United States at prevailing domestic prices. All addi14 tional western red cedar volume not sold to Alaska or con15 tiguous 48 United States domestic processors may be ex16 ported to foreign markets at the election of the timber sale 17 holder. All Alaska yellow cedar may be sold at prevailing 18 export prices at the election of the timber sale holder. 19 20 PROHIBITION ON NO-BID CONTRACTS SEC. 411. None of the funds appropriated or other- 21 wise made available by this Act to executive branch agen22 cies may be used to enter into any Federal contract unless 23 such contract is entered into in accordance with the re24 quirements of Chapter 33 of title 41, United States Code, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 830 1 or Chapter 137 of title 10, United States Code, and the 2 Federal Acquisition Regulation, unless— 3 (1) Federal law specifically authorizes a con- 4 tract to be entered into without regard for these re- 5 quirements, including formula grants for States, or 6 federally recognized Indian tribes; or 7 (2) such contract is authorized by the Indian 8 Self-Determination and Education Assistance Act 9 (Public Law 93–638, 25 U.S.C. 450 et seq.) or by 10 any other Federal laws that specifically authorize a 11 contract within an Indian tribe as defined in section 12 4(e) of that Act (25 U.S.C. 450b(e)); or 13 14 15 16 (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 avail- 17 able in this Act, shall, subject to subsections (b) and (c), 18 post on the public website of that agency any report re19 quired to be submitted by the Congress in this or any 20 other Act, upon the determination by the head of the agen21 cy that it shall serve the national interest. 22 (b) Subsection (a) shall not apply to a report if— 23 (1) the public posting of the report com- 24 25 December 16, 2015 (1:04 a.m.) promises national security; or (2) the report contains proprietary information. U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 831 1 (c) The head of the agency posting such report shall 2 do so only after such report has been made available to 3 the requesting Committee or Committees of Congress for 4 no less than 45 days. 5 NATIONAL ENDOWMENT FOR THE ARTS GRANT 6 GUIDELINES 7 SEC. 413. Of the funds provided to the National En- 8 dowment for the Arts— 9 (1) The Chairperson shall only award a grant 10 to an individual if such grant is awarded to such in- 11 dividual for a literature fellowship, National Herit- 12 age Fellowship, or American Jazz Masters Fellow- 13 ship. 14 (2) The Chairperson shall establish procedures 15 to ensure that no funding provided through a grant, 16 except a grant made to a State or local arts agency, 17 or regional group, may be used to make a grant to 18 any other organization or individual to conduct ac- 19 tivity independent of the direct grant recipient. 20 Nothing in this subsection shall prohibit payments 21 made in exchange for goods and services. 22 (3) No grant shall be used for seasonal support 23 to a group, unless the application is specific to the 24 contents of the season, including identified programs 25 or projects. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 832 1 NATIONAL ENDOWMENT FOR THE ARTS PROGRAM 2 PRIORITIES 3 SEC. 414. (a) In providing services or awarding fi- 4 nancial assistance under the National Foundation on the 5 Arts and the Humanities Act of 1965 from funds appro6 priated under this Act, the Chairperson of the National 7 Endowment for the Arts shall ensure that priority is given 8 to providing services or awarding financial assistance for 9 projects, productions, workshops, or programs that serve 10 underserved populations. 11 (b) In this section: 12 (1) The term ‘‘underserved population’’ means 13 a population of individuals, including urban minori- 14 ties, who have historically been outside the purview 15 of arts and humanities programs due to factors such 16 as a high incidence of income below the poverty line 17 or to geographic isolation. 18 (2) The term ‘‘poverty line’’ means the poverty 19 line (as defined by the Office of Management and 20 Budget, and revised annually in accordance with sec- 21 tion 673(2) of the Community Services Block Grant 22 Act (42 U.S.C. 9902(2))) applicable to a family of 23 the size involved. 24 (c) In providing services and awarding financial as- 25 sistance under the National Foundation on the Arts and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 833 1 Humanities Act of 1965 with funds appropriated by this 2 Act, the Chairperson of the National Endowment for the 3 Arts shall ensure that priority is given to providing serv4 ices or awarding financial assistance for projects, produc5 tions, workshops, or programs that will encourage public 6 knowledge, education, understanding, and appreciation of 7 the arts. 8 (d) With funds appropriated by this Act to carry out 9 section 5 of the National Foundation on the Arts and Hu10 manities Act of 1965— 11 (1) the Chairperson shall establish a grant cat- 12 egory for projects, productions, workshops, or pro- 13 grams that are of national impact or availability or 14 are able to tour several States; 15 (2) the Chairperson shall not make grants ex- 16 ceeding 15 percent, in the aggregate, of such funds 17 to any single State, excluding grants made under the 18 authority of paragraph (1); 19 (3) the Chairperson shall report to the Con- 20 gress annually and by State, on grants awarded by 21 the Chairperson in each grant category under sec- 22 tion 5 of such Act; and 23 (4) the Chairperson shall encourage the use of 24 grants to improve and support community-based 25 music performance and education. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 834 1 2 STATUS OF BALANCES OF APPROPRIATIONS SEC. 415. The Department of the Interior, the Envi- 3 ronmental Protection Agency, the Forest Service, and the 4 Indian Health Service shall provide the Committees on 5 Appropriations of the House of Representatives and Sen6 ate quarterly reports on the status of balances of appro7 priations including all uncommitted, committed, and unob8 ligated funds in each program and activity. 9 10 REPORT ON USE OF CLIMATE CHANGE FUNDS SEC. 416. Not later than 120 days after the date on 11 which the President’s fiscal year 2017 budget request is 12 submitted to the Congress, the President shall submit a 13 comprehensive report to the Committees on Appropria14 tions of the House of Representatives and the Senate de15 scribing in detail all Federal agency funding, domestic and 16 international, for climate change programs, projects, and 17 activities in fiscal years 2015 and 2016, including an ac18 counting of funding by agency with each agency identi19 fying climate change programs, projects, and activities 20 and associated costs by line item as presented in the Presi21 dent’s Budget Appendix, and including citations and link22 ages where practicable to each strategic plan that is driv23 ing funding within each climate change program, project, 24 and activity listed in the report. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 835 1 2 PROHIBITION ON USE OF FUNDS SEC. 417. Notwithstanding any other provision of 3 law, none of the funds made available in this Act or any 4 other Act may be used to promulgate or implement any 5 regulation requiring the issuance of permits under title V 6 of the Clean Air Act (42 U.S.C. 7661 et seq.) for carbon 7 dioxide, nitrous oxide, water vapor, or methane emissions 8 resulting from biological processes associated with live9 stock production. 10 11 GREENHOUSE GAS REPORTING RESTRICTIONS SEC. 418. Notwithstanding any other provision of 12 law, none of the funds made available in this or any other 13 Act may be used to implement any provision in a rule, 14 if that provision requires mandatory reporting of green15 house gas emissions from manure management systems. 16 17 MODIFICATION OF AUTHORITIES SEC. 419. (a) Section 8162(m)(3) of the Department 18 of Defense Appropriations Act, 2000 (40 U.S.C. 8903 19 note; Public Law 106–79) is amended by striking ‘‘Sep20 tember 30, 2015’’ and inserting ‘‘September 30, 2016’’. 21 (b) For fiscal year 2016, the authority provided by 22 the provisos under the heading ‘‘Dwight D. Eisenhower 23 Memorial Commission—Capital Construction’’ in division 24 E of Public Law 112–74 shall not be in effect. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 836 1 2 FUNDING PROHIBITION SEC. 420. None of the funds made available by this 3 or any other Act may be used to regulate the lead content 4 of ammunition, ammunition components, or fishing tackle 5 under the Toxic Substances Control Act (15 U.S.C. 2601 6 et seq.) or any other law. 7 8 CONTRACTING AUTHORITIES SEC. 421. Section 412 of Division E of Public Law 9 112–74 is amended by striking ‘‘fiscal year 2015,’’ and 10 inserting ‘‘fiscal year 2017,’’. 11 12 CHESAPEAKE BAY INITIATIVE SEC. 422. Section 502(c) of the Chesapeake Bay Ini- 13 tiative Act of 1998 (Public Law 105–312; 16 U.S.C. 461 14 note) is amended by striking ‘‘2015’’ and inserting 15 ‘‘2017’’. 16 17 EXTENSION OF GRAZING PERMITS SEC. 423. The terms and conditions of section 325 18 of Public Law 108–108 (117 Stat. 1307), regarding graz19 ing permits issued by the Forest Service on any lands not 20 subject to administration under section 402 of the Federal 21 Lands Policy and Management Act (43 U.S.C. 1752), 22 shall remain in effect for fiscal year 2016. 23 24 USE OF AMERICAN IRON AND STEEL SEC. 424. (a)(1) None of the funds made available 25 by a State water pollution control revolving fund as au- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 837 1 thorized by section 1452 of the Safe Drinking Water Act 2 (42 U.S.C. 300j–12) shall be used for a project for the 3 construction, alteration, maintenance, or repair of a public 4 water system or treatment works unless all of the iron and 5 steel products used in the project are produced in the 6 United States. 7 (2) In this section, the term ‘‘iron and steel’’ products 8 means the following products made primarily of iron or 9 steel: lined or unlined pipes and fittings, manhole covers 10 and other municipal castings, hydrants, tanks, flanges, 11 pipe clamps and restraints, valves, structural steel, rein12 forced precast concrete, and construction materials. 13 (b) Subsection (a) shall not apply in any case or cat- 14 egory of cases in which the Administrator of the Environ15 mental Protection Agency (in this section referred to as 16 the ‘‘Administrator’’) finds that— 17 18 (1) applying subsection (a) would be inconsistent with the public interest; 19 (2) iron and steel products are not produced in 20 the United States in sufficient and reasonably avail- 21 able quantities and of a satisfactory quality; or 22 (3) inclusion of iron and steel products pro- 23 duced in the United States will increase the cost of 24 the overall project by more than 25 percent. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 838 1 (c) If the Administrator receives a request for a waiv- 2 er under this section, the Administrator shall make avail3 able to the public on an informal basis a copy of the re4 quest and information available to the Administrator con5 cerning the request, and shall allow for informal public 6 input on the request for at least 15 days prior to making 7 a finding based on the request. The Administrator shall 8 make the request and accompanying information available 9 by electronic means, including on the official public Inter10 net Web site of the Environmental Protection Agency. 11 (d) This section shall be applied in a manner con- 12 sistent with United States obligations under international 13 agreements. 14 (e) The Administrator may retain up to 0.25 percent 15 of the funds appropriated in this Act for the Clean and 16 Drinking Water State Revolving Funds for carrying out 17 the provisions described in subsection (a)(1) for manage18 ment and oversight of the requirements of this section. 19 20 NOTIFICATION REQUIREMENTS SEC. 425. (a) DEFINITIONS.—In this section: 21 (1) ADMINISTRATOR.—The term ‘‘Adminis- 22 trator’’ means the Administrator of the Environ- 23 mental Protection Agency. 24 (2) AFFECTED 25 December 16, 2015 (1:04 a.m.) STATE.—The term ‘‘affected State’’ means any of the Great Lakes States (as de- U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 839 1 fined in section 118(a)(3) of the Federal Water Pol- 2 lution Control Act (33 U.S.C. 1268(a)(3))). 3 (3) DISCHARGE.—The term ‘‘discharge’’ means 4 a discharge as defined in section 502 of the Federal 5 Water Pollution Control Act (33 U.S.C. 1362). 6 (4) GREAT LAKES.—The term ‘‘Great Lakes’’ 7 means any of the waters as defined in section 8 118(a)(3) of the Federal Water Pollution Control 9 Act (33 U.S.C. 1268(a)(3)). 10 (5) TREATMENT WORKS.—The term ‘‘treatment 11 works’’ has the meaning given the term in section 12 212 of the Federal Water Pollution Control Act (33 13 U.S.C. 1292). 14 (b) REQUIREMENTS.— 15 (1) IN GENERAL.—The Administrator shall 16 work with affected States having publicly owned 17 treatment works that discharge to the Great Lakes 18 to create public notice requirements for a combined 19 sewer overflow discharge to the Great Lakes. 20 (2) NOTICE REQUIREMENTS.—The notice re- 21 quirements referred to in paragraph (1) shall pro- 22 vide for— 23 (i) the method of the notice; 24 (ii) the contents of the notice, in accord- 25 December 16, 2015 (1:04 a.m.) ance with paragraph (3); and U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 840 1 (iii) requirements for public availability of 2 the notice. 3 (3) MINIMUM 4 5 (A) IN REQUIREMENTS.— GENERAL.—The contents of the no- tice under paragraph (1) shall include— 6 (i) the dates and times of the applica- 7 ble discharge; 8 (ii) the volume of the discharge; and 9 (iii) a description of any public access 10 areas impacted by the discharge. 11 (B) CONSISTENCY.—The minimum re- 12 quirements under this paragraph shall be con- 13 sistent for all affected States. 14 (4) ADDITIONAL REQUIREMENTS.—The Admin- 15 istrator shall work with the affected States to in- 16 clude— 17 18 (A) follow-up notice requirements that provide a description of— 19 (i) each applicable discharge; 20 (ii) the cause of the discharge; and 21 (iii) plans to prevent a reoccurrence of 22 a combined sewer overflow discharge to the 23 Great Lakes consistent with section 402 of 24 the Federal Water Pollution Control Act 25 (33 U.S.C. 1342) or an administrative December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 841 1 order or consent decree under such Act; 2 and 3 (B) annual publication requirements that 4 list each treatment works from which the Ad- 5 ministrator or the affected State receive a fol- 6 low-up notice. 7 (5) TIMING.— 8 (A) The notice and publication require- 9 ments described in this subsection shall be im- 10 plemented by not later than 2 years after the 11 date of enactment of this Act. 12 (B) The Administrator of the EPA may 13 extend the implementation deadline for indi- 14 vidual communities if the Administrator deter- 15 mines the community needs additional time to 16 comply in order to avoid undue economic hard- 17 ship. 18 (6) STATE ACTION.—Nothing in this subsection 19 prohibits an affected State from establishing a State 20 notice requirement in the event of a discharge that 21 is more stringent than the requirements described in 22 this subsection. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 842 1 2 GREAT LAKES RESTORATION INITIATIVE SEC. 426. Section 118(c) of the Federal Water Pollu- 3 tion Control Act (33 U.S.C. 1268(c)) is amended by strik4 ing paragraph (7) and inserting the following: 5 6 ‘‘(7) GREAT LAKES RESTORATION INITIA- TIVE.— 7 ‘‘(A) ESTABLISHMENT.—There is estab- 8 lished in the Agency a Great Lakes Restoration 9 Initiative (referred to in this paragraph as the 10 ‘Initiative’) to carry out programs and projects 11 for Great Lakes protection and restoration. 12 ‘‘(B) FOCUS AREAS.—The Initiative shall 13 prioritize programs and projects carried out in 14 coordination with non-Federal partners and 15 programs and projects that address priority 16 areas each fiscal year, including— 17 18 ‘‘(i) the remediation of toxic substances and areas of concern; 19 ‘‘(ii) the prevention and control of 20 invasive species and the impacts of invasive 21 species; 22 ‘‘(iii) the protection and restoration of 23 nearshore health and the prevention and 24 mitigation of nonpoint source pollution; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 843 1 ‘‘(iv) habitat and wildlife protection 2 and restoration, including wetlands res- 3 toration and preservation; and 4 ‘‘(v) accountability, monitoring, eval- 5 uation, communication, and partnership 6 activities. 7 ‘‘(C) PROJECTS.—Under the Initiative, the 8 Agency shall collaborate with Federal partners, 9 including the Great Lakes Interagency Task 10 Force, to select the best combination of pro- 11 grams and projects for Great Lakes protection 12 and restoration using appropriate principles 13 and criteria, including whether a program or 14 project provides— 15 ‘‘(i) the ability to achieve strategic 16 and measurable environmental outcomes 17 that implement the Great Lakes Action 18 Plan and the Great Lakes Water Quality 19 Agreement; 20 ‘‘(ii) the feasibility of— 21 ‘‘(I) prompt implementation; 22 ‘‘(II) timely achievement of re- 23 24 December 16, 2015 (1:04 a.m.) sults; and ‘‘(III) resource leveraging; and U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 844 1 ‘‘(iii) the opportunity to improve 2 interagency and inter-organizational co- 3 ordination and collaboration to reduce du- 4 plication and streamline efforts. 5 ‘‘(D) IMPLEMENTATION 6 ‘‘(i) IN OF PROJECTS.— GENERAL.—Subject to sub- 7 paragraph (G)(ii), funds made available to 8 carry out the Initiative shall be used to 9 strategically implement— 10 ‘‘(I) Federal projects; and 11 ‘‘(II) projects carried out in co- 12 ordination with States, Indian tribes, 13 municipalities, institutions of higher 14 education, and other organizations. 15 ‘‘(ii) TRANSFER OF FUNDS.—With 16 amounts made available for the Initiative 17 each fiscal year, the Administrator may— 18 ‘‘(I) transfer not more than the 19 total amount appropriated under sub- 20 paragraph (G)(i) for the fiscal year to 21 the head of any Federal department 22 or agency, with the concurrence of the 23 department or agency head, to carry 24 out activities to support the Initiative December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 845 1 and the Great Lakes Water Quality 2 Agreement; and 3 ‘‘(II) enter into an interagency 4 agreement with the head of any Fed- 5 eral department or agency to carry 6 out activities described in subclause 7 (I). 8 9 ‘‘(E) SCOPE.— ‘‘(i) IN GENERAL.—Projects shall be 10 carried out under the Initiative on multiple 11 levels, including— 12 ‘‘(I) Great Lakes-wide; and 13 ‘‘(II) Great Lakes basin-wide. 14 ‘‘(ii) LIMITATION.—No funds made 15 available to carry out the Initiative may be 16 used for any water infrastructure activity 17 (other than a green infrastructure project 18 that improves habitat and other ecosystem 19 functions in the Great Lakes) for which 20 amounts are made available from— 21 ‘‘(I) a State water pollution con- 22 trol revolving fund established under 23 title VI; or 24 ‘‘(II) a State drinking water re- 25 volving loan fund established under December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 846 1 section 1452 of the Safe Drinking 2 Water Act (42 U.S.C. 300j–12). 3 ‘‘(F) ACTIVITIES BY OTHER FEDERAL 4 AGENCIES.—Each 5 or agency shall, to the maximum extent prac- 6 ticable— relevant Federal department 7 ‘‘(i) maintain the base level of funding 8 for the Great Lakes activities of that de- 9 partment or agency without regard to 10 funding under the Initiative; and 11 ‘‘(ii) identify new activities and 12 projects to support the environmental goals 13 of the Initiative. 14 ‘‘(G) FUNDING.—There are authorized to 15 be appropriated to carry out this paragraph for 16 fiscal year 2016, $300,000,000.’’. 17 18 JOHN F. KENNEDY CENTER REAUTHORIZATION SEC. 427. Section 13 of the John F. Kennedy Center 19 Act (20 U.S.C. 76r) is amended by striking subsections 20 (a) and (b) and inserting the following: 21 ‘‘(a) MAINTENANCE, REPAIR, AND SECURITY.— 22 There is authorized to be appropriated to the Board to 23 carry out section 4(a)(1)(H), $22,000,000 for fiscal year 24 2016. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 847 1 ‘‘(b) CAPITAL PROJECTS.—There is authorized to be 2 appropriated to the Board to carry out subparagraphs (F) 3 and (G) of section 4(a)(1), $15,000,000 for fiscal year 4 2016.’’. 5 This division may be cited as the ‘‘Department of the 6 Interior, Environment, and Related Agencies Appropria7 tions Act, 2016’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 848 1 DIVISION H—DEPARTMENTS OF LABOR, 2 HEALTH AND HUMAN SERVICES, AND 3 EDUCATION, AND RELATED AGENCIES 4 APPROPRIATIONS ACT, 2016 5 TITLE I 6 DEPARTMENT OF LABOR 7 8 9 EMPLOYMENT AND TRAINING ADMINISTRATION TRAINING AND EMPLOYMENT SERVICES For necessary expenses of the Workforce Innovation 10 and Opportunity Act (referred to in this Act as ‘‘WIOA’’), 11 the Second Chance Act of 2007, the National Apprentice12 ship Act, and the Women in Apprenticeship and Nontradi13 tional Occupations Act of 1992 (‘‘WANTO Act’’), 14 $3,335,425,000, plus reimbursements, shall be available. 15 Of the amounts provided: 16 (1) for grants to States for adult employment 17 and training activities, youth activities, and dis- 18 located worker employment and training activities, 19 $2,709,832,000 as follows: 20 (A) $815,556,000 for adult employment 21 and training activities, of which $103,556,000 22 shall be available for the period July 1, 2016 23 through 24 $712,000,000 shall be available for the period 25 October 1, 2016 through June 30, 2017; December 16, 2015 (1:04 a.m.) June 30, 2017, and of which U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 849 1 (B) $873,416,000 for youth activities, 2 which shall be available for the period April 1, 3 2016 through June 30, 2017; and 4 (C) $1,020,860,000 for dislocated worker 5 employment and training activities, of which 6 $160,860,000 shall be available for the period 7 July 1, 2016 through June 30, 2017, and of 8 which $860,000,000 shall be available for the 9 period October 1, 2016 through June 30, 2017: 10 Provided, That pursuant to section 128(a)(1) of the 11 WIOA, the amount available to the Governor for 12 statewide workforce investment activities shall not 13 exceed 15 percent of the amount allotted to the 14 State from each of the appropriations under the pre- 15 ceding subparagraphs: Provided further, That the 16 funds available for allotment to outlying areas to 17 carry out subtitle B of title I of the WIOA shall not 18 be 19 127(b)(1)(B)(ii) of such Act; and 20 21 subject to the requirements of section (2) for national programs, $625,593,000 as follows: 22 (A) $220,859,000 for the dislocated work- 23 ers 24 $20,859,000 shall be available for the period 25 July 1, 2016 through September 30, 2017, and December 16, 2015 (1:04 a.m.) assistance national reserve, of which U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 850 1 of which $200,000,000 shall be available for the 2 period October 1, 2016 through September 30, 3 2017: Provided, That funds provided to carry 4 out section 132(a)(2)(A) of the WIOA may be 5 used to provide assistance to a State for state- 6 wide or local use in order to address cases 7 where there have been worker dislocations 8 across multiple sectors or across multiple local 9 areas and such workers remain dislocated; co- 10 ordinate the State workforce development plan 11 with emerging economic development needs; and 12 train such eligible dislocated workers: Provided 13 further, That funds provided to carry out sec- 14 tions 168(b) and 169(c) of the WIOA may be 15 used for technical assistance and demonstration 16 projects, respectively, that provide assistance to 17 new entrants in the workforce and incumbent 18 workers: Provided further, That notwithstanding 19 section 168(b) of the WIOA, of the funds pro- 20 vided under this subparagraph, the Secretary of 21 Labor (referred to in this title as ‘‘Secretary’’) 22 may reserve not more than 10 percent of such 23 funds to provide technical assistance and carry 24 out additional activities related to the transition 25 to the WIOA: Provided further, That, of the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 851 1 funds 2 $19,000,000 shall be made available for appli- 3 cations submitted in accordance with section 4 170 of the WIOA for training and employment 5 assistance for workers dislocated from coal 6 mines and coal-fired power plants; provided under this subparagraph, 7 (B) $50,000,000 for Native American pro- 8 grams under section 166 of the WIOA, which 9 shall be available for the period July 1, 2016 10 through June 30, 2017; 11 (C) $81,896,000 for migrant and seasonal 12 farmworker programs under section 167 of the 13 WIOA, including $75,885,000 for formula 14 grants (of which not less than 70 percent shall 15 be for employment and training services), 16 $5,517,000 for migrant and seasonal housing 17 (of which not less than 70 percent shall be for 18 permanent housing), and $494,000 for other 19 discretionary purposes, which shall be available 20 for the period July 1, 2016 through June 30, 21 2017: Provided, That notwithstanding any 22 other provision of law or related regulation, the 23 Department of Labor shall take no action lim- 24 iting the number or proportion of eligible par- 25 ticipants receiving related assistance services or December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 852 1 discouraging grantees from providing such serv- 2 ices; 3 (D) $994,000 for carrying out the 4 WANTO Act, which shall be available for the 5 period July 1, 2016 through June 30, 2017; 6 (E) $84,534,000 for YouthBuild activities 7 as described in section 171 of the WIOA, which 8 shall be available for the period April 1, 2016 9 through June 30, 2017; 10 (F) $3,232,000 for technical assistance ac- 11 tivities under section 168 of the WIOA, which 12 shall be available for the period July 1, 2016 13 through June 30, 2017; 14 (G) $88,078,000 for ex-offender activities, 15 under the authority of section 169 of the WIOA 16 and section 212 of the Second Chance Act of 17 2007, which shall be available for the period 18 April 1, 2016 through June 30, 2017: Provided, 19 That of this amount, $20,000,000 shall be for 20 competitive grants to national and regional 21 intermediaries for activities that prepare young 22 ex-offenders and school dropouts for employ- 23 ment, with a priority for projects serving high- 24 crime, high-poverty areas; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 853 1 (H) $6,000,000 for the Workforce Data 2 Quality Initiative, under the authority of section 3 169 of the WIOA, which shall be available for 4 the period July 1, 2016 through June 30, 5 2017; and 6 (I) $90,000,000 to expand opportunities 7 relating to apprenticeship programs registered 8 under the National Apprenticeship Act, to be 9 available to the Secretary to carry out activities 10 through grants, cooperative agreements, con- 11 tracts and other arrangements, with States and 12 other appropriate entities, which shall be avail- 13 able for the period April 1, 2016 through June 14 30, 2017. 15 JOB CORPS 16 (INCLUDING TRANSFER OF FUNDS) 17 To carry out subtitle C of title I of the WIOA, includ- 18 ing Federal administrative expenses, the purchase and 19 hire of passenger motor vehicles, the construction, alter20 ation, and repairs of buildings and other facilities, and the 21 purchase of real property for training centers as author22 ized by the WIOA, $1,689,155,000, plus reimbursements, 23 as follows: December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 854 1 (1) $1,581,825,000 for Job Corps Operations, 2 which shall be available for the period July 1, 2016 3 through June 30, 2017; 4 (2) $75,000,000 for construction, rehabilitation 5 and acquisition of Job Corps Centers, which shall be 6 available for the period July 1, 2016 through June 7 30, 2019, and which may include the acquisition, 8 maintenance, and repair of major items of equip- 9 ment: Provided, That the Secretary may transfer up 10 to 15 percent of such funds to meet the operational 11 needs of such centers or to achieve administrative ef- 12 ficiencies: Provided further, That any funds trans- 13 ferred pursuant to the preceding proviso shall not be 14 available for obligation after June 30, 2017: Pro- 15 vided further, That the Committees on Appropria- 16 tions of the House of Representatives and the Sen- 17 ate are notified at least 15 days in advance of any 18 transfer; and 19 (3) $32,330,000 for necessary expenses of Job 20 Corps, which shall be available for obligation for the 21 period October 1, 2015 through September 30, 22 2016: 23 Provided, That no funds from any other appropriation 24 shall be used to provide meal services at or for Job Corps 25 centers. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 855 1 COMMUNITY SERVICE EMPLOYMENT FOR OLDER 2 AMERICANS 3 To carry out title V of the Older Americans Act of 4 1965 (referred to in this Act as ‘‘OAA’’), $434,371,000, 5 which shall be available for the period July 1, 2016 6 through June 30, 2017, and may be recaptured and reobli7 gated in accordance with section 517(c) of the OAA. 8 FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES 9 For payments during fiscal year 2016 of trade ad- 10 justment benefit payments and allowances under part I 11 of subchapter B of chapter 2 of title II of the Trade Act 12 of 1974, and section 246 of that Act; and for training, 13 employment and case management services, allowances for 14 job search and relocation, and related State administrative 15 expenses under part II of subchapter B of chapter 2 of 16 title II of the Trade Act of 1974, and including benefit 17 payments, allowances, training, employment and case 18 management services, and related State administration 19 provided pursuant to section 231(a) of the Trade Adjust20 ment Assistance Extension Act of 2011 and section 405(a) 21 of the Trade Preferences Extension Act of 2015, 22 $861,000,000 together with such amounts as may be nec23 essary to be charged to the subsequent appropriation for 24 payments for any period subsequent to September 15, 25 2016: Provided, That notwithstanding section 502 of this December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 856 1 division, any part of the appropriation provided under this 2 heading may remain available for obligation beyond the 3 current fiscal year pursuant to the authorities of section 4 245(c) of the Trade Act of 1974 (19 U.S.C. 2317(c)). 5 STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT 6 SERVICE OPERATIONS 7 For authorized administrative expenses, 8 $89,066,000, together with not to exceed $3,480,812,000 9 which may be expended from the Employment Security 10 Administration Account in the Unemployment Trust Fund 11 (‘‘the Trust Fund’’), of which: 12 (1) $2,725,550,000 from the Trust Fund is for 13 grants to States for the administration of State un- 14 employment insurance laws as authorized under title 15 III of the Social Security Act (including not less 16 than $95,000,000 to conduct in-person reemploy- 17 ment and eligibility assessments and unemployment 18 insurance improper payment reviews, and to provide 19 reemployment services and referrals to training as 20 appropriate, for claimants of unemployment insur- 21 ance for ex-service members under 5 U.S.C. 8521 et. 22 seq. and for the claimants of regular unemployment 23 compensation who are profiled as most likely to ex- 24 haust their benefits in each State, and $3,000,000 25 for continued support of the Unemployment Insur- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 857 1 ance Integrity Center of Excellence), the administra- 2 tion of unemployment insurance for Federal employ- 3 ees and for ex-service members as authorized under 4 5 U.S.C. 8501–8523, and the administration of 5 trade readjustment allowances, reemployment trade 6 adjustment assistance, and alternative trade adjust- 7 ment assistance under the Trade Act of 1974 and 8 under section 231(a) of the Trade Adjustment As- 9 sistance Extension Act of 2011 and section 405(a) 10 of the Trade Preferences Extension Act of 2015, 11 and shall be available for obligation by the States 12 through December 31, 2016, except that funds used 13 for automation acquisitions shall be available for 14 Federal obligation through December 31, 2016, and 15 for State obligation through September 30, 2018, or, 16 if the automation acquisition is being carried out 17 through consortia of States, for State obligation 18 through September 30, 2021, and for expenditure 19 through September 30, 2022, and funds for competi- 20 tive grants awarded to States for improved oper- 21 ations and to conduct in-person assessments and re- 22 views and provide reemployment services and refer- 23 rals shall be available for Federal obligation through 24 December 31, 2016, and for obligation by the States 25 through September 30, 2018, and funds for the Un- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 858 1 employment Insurance Integrity Center of Excel- 2 lence shall be available for obligation by the State 3 through September 30, 2017, and funds used for 4 unemployment insurance workloads experienced by 5 the States through September 30, 2016 shall be 6 available for Federal obligation through December 7 31, 2016; 8 (2) $14,547,000 from the Trust Fund is for na- 9 tional activities necessary to support the administra- 10 tion of the Federal-State unemployment insurance 11 system; 12 (3) $658,587,000 from the Trust Fund, to- 13 gether with $21,413,000 from the General Fund of 14 the Treasury, is for grants to States in accordance 15 with section 6 of the Wagner-Peyser Act, and shall 16 be available for Federal obligation for the period 17 July 1, 2016 through June 30, 2017; 18 (4) $19,818,000 from the Trust Fund is for na- 19 tional activities of the Employment Service, includ- 20 ing administration of the work opportunity tax cred- 21 it under section 51 of the Internal Revenue Code of 22 1986, and the provision of technical assistance and 23 staff training under the Wagner-Peyser Act; 24 (5) $62,310,000 from the Trust Fund is for the 25 administration of foreign labor certifications and re- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 859 1 lated activities under the Immigration and Nation- 2 ality Act and related laws, of which $48,028,000 3 shall be available for the Federal administration of 4 such activities, and $14,282,000 shall be available 5 for grants to States for the administration of such 6 activities; and 7 (6) $67,653,000 from the General Fund is to 8 provide workforce information, national electronic 9 tools, and one-stop system building under the Wag- 10 ner-Peyser Act and shall be available for Federal ob- 11 ligation for the period July 1, 2016 through June 12 30, 2017: 13 Provided, That to the extent that the Average Weekly In14 sured Unemployment (‘‘AWIU’’) for fiscal year 2016 is 15 projected by the Department of Labor to exceed 16 2,680,000, an additional $28,600,000 from the Trust 17 Fund shall be available for obligation for every 100,000 18 increase in the AWIU level (including a pro rata amount 19 for any increment less than 100,000) to carry out title 20 III of the Social Security Act: Provided further, That 21 funds appropriated in this Act that are allotted to a State 22 to carry out activities under title III of the Social Security 23 Act may be used by such State to assist other States in 24 carrying out activities under such title III if the other 25 States include areas that have suffered a major disaster December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 860 1 declared by the President under the Robert T. Stafford 2 Disaster Relief and Emergency Assistance Act: Provided 3 further, That the Secretary may use funds appropriated 4 for grants to States under title III of the Social Security 5 Act to make payments on behalf of States for the use of 6 the National Directory of New Hires under section 7 453(j)(8) of such Act: Provided further, That the Sec8 retary may use funds appropriated for grants to States 9 under title III of the Social Security Act to make pay10 ments on behalf of States to the entity operating the State 11 Information Data Exchange System: Provided further, 12 That funds appropriated in this Act which are used to es13 tablish a national one-stop career center system, or which 14 are used to support the national activities of the Federal15 State unemployment insurance, employment service, or 16 immigration programs, may be obligated in contracts, 17 grants, or agreements with States and non-State entities: 18 Provided further, That States awarded competitive grants 19 for improved operations under title III of the Social Secu20 rity Act, or awarded grants to support the national activi21 ties of the Federal-State unemployment insurance system, 22 may award subgrants to other States under such grants, 23 subject to the conditions applicable to the grants: Provided 24 further, That funds appropriated under this Act for activi25 ties authorized under title III of the Social Security Act December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 861 1 and the Wagner-Peyser Act may be used by States to fund 2 integrated Unemployment Insurance and Employment 3 Service automation efforts, notwithstanding cost allocation 4 principles prescribed under the Office of Management and 5 Budget Circular A–87: Provided further, That the Sec6 retary, at the request of a State participating in a consor7 tium with other States, may reallot funds allotted to such 8 State under title III of the Social Security Act to other 9 States participating in the consortium in order to carry 10 out activities that benefit the administration of the unem11 ployment compensation law of the State making the re12 quest: Provided further, That the Secretary may collect 13 fees for the costs associated with additional data collec14 tion, analyses, and reporting services relating to the Na15 tional Agricultural Workers Survey requested by State 16 and local governments, public and private institutions of 17 higher education, and nonprofit organizations and may 18 utilize such sums, in accordance with the provisions of 29 19 U.S.C. 9a, for the National Agricultural Workers Survey 20 infrastructure, methodology, and data to meet the infor21 mation collection and reporting needs of such entities, 22 which shall be credited to this appropriation and shall re23 main available until September 30, 2017, for such pur24 poses. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 862 1 In addition, $20,000,000 from the Employment Se- 2 curity Administration Account of the Unemployment 3 Trust Fund shall be available for in-person reemployment 4 and eligibility assessments and unemployment insurance 5 improper payment reviews and to provide reemployment 6 services and referrals to training as appropriate, which 7 shall be available for Federal obligations through Decem8 ber 31, 2016, and for State obligation through September 9 30, 2018. 10 ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND 11 OTHER FUNDS 12 For repayable advances to the Unemployment Trust 13 Fund as authorized by sections 905(d) and 1203 of the 14 Social Security Act, and to the Black Lung Disability 15 Trust Fund as authorized by section 9501(c)(1) of the In16 ternal Revenue Code of 1986; and for nonrepayable ad17 vances to the revolving fund established by section 901(e) 18 of the Social Security Act, to the Unemployment Trust 19 Fund as authorized by 5 U.S.C. 8509, and to the ‘‘Federal 20 Unemployment Benefits and Allowances’’ account, such 21 sums as may be necessary, which shall be available for 22 obligation through September 30, 2017. 23 24 PROGRAM ADMINISTRATION For expenses of administering employment and train- 25 ing programs, $104,577,000, together with not to exceed December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 863 1 $49,982,000 which may be expended from the Employ2 ment Security Administration Account in the Unemploy3 ment Trust Fund. 4 EMPLOYEE BENEFITS SECURITY ADMINISTRATION 5 SALARIES AND EXPENSES 6 For necessary expenses for the Employee Benefits 7 Security Administration, $181,000,000. 8 PENSION BENEFIT GUARANTY CORPORATION 9 PENSION BENEFIT GUARANTY CORPORATION FUND 10 The Pension Benefit Guaranty Corporation (‘‘Cor- 11 poration’’) is authorized to make such expenditures, in12 cluding financial assistance authorized by subtitle E of 13 title IV of the Employee Retirement Income Security Act 14 of 1974, within limits of funds and borrowing authority 15 available to the Corporation, and in accord with law, and 16 to make such contracts and commitments without regard 17 to fiscal year limitations, as provided by 31 U.S.C. 9104, 18 as may be necessary in carrying out the program, includ19 ing associated administrative expenses, through Sep20 tember 30, 2016, for the Corporation: Provided, That 21 none of the funds available to the Corporation for fiscal 22 year 2016 shall be available for obligations for administra23 tive expenses in excess of $431,799,000: Provided further, 24 That to the extent that the number of new plan partici25 pants in plans terminated by the Corporation exceeds December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 864 1 100,000 in fiscal year 2016, an amount not to exceed an 2 additional $9,200,000 shall be available through Sep3 tember 30, 2017, for obligation for administrative ex4 penses for every 20,000 additional terminated partici5 pants: Provided further, That obligations in excess of the 6 amounts provided in this paragraph may be incurred for 7 unforeseen and extraordinary pretermination expenses or 8 extraordinary multiemployer program related expenses 9 after approval by the Office of Management and Budget 10 and notification of the Committees on Appropriations of 11 the House of Representatives and the Senate. 12 WAGE 13 14 AND HOUR DIVISION SALARIES AND EXPENSES For necessary expenses for the Wage and Hour Divi- 15 sion, including reimbursement to State, Federal, and local 16 agencies and their employees for inspection services ren17 dered, $227,500,000. 18 19 20 OFFICE OF LABOR-MANAGEMENT STANDARDS SALARIES AND EXPENSES For necessary expenses for the Office of Labor-Man- 21 agement Standards, $40,593,000. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 865 1 OFFICE OF FEDERAL CONTRACT COMPLIANCE 2 PROGRAMS 3 SALARIES AND EXPENSES 4 For necessary expenses for the Office of Federal Con- 5 tract Compliance Programs, $105,476,000. 6 OFFICE 7 8 OF WORKERS’ COMPENSATION PROGRAMS SALARIES AND EXPENSES For necessary expenses for the Office of Workers’ 9 Compensation Programs, $113,324,000, together with 10 $2,177,000 which may be expended from the Special Fund 11 in accordance with sections 39(c), 44(d), and 44(j) of the 12 Longshore and Harbor Workers’ Compensation Act. 13 SPECIAL BENEFITS 14 (INCLUDING TRANSFER OF FUNDS) 15 For the payment of compensation, benefits, and ex- 16 penses (except administrative expenses) accruing during 17 the current or any prior fiscal year authorized by 5 U.S.C. 18 81; continuation of benefits as provided for under the 19 heading ‘‘Civilian War Benefits’’ in the Federal Security 20 Agency Appropriation Act, 1947; the Employees’ Com21 pensation Commission Appropriation Act, 1944; section 22 5(f) of the War Claims Act (50 U.S.C. App. 2004); obliga23 tions incurred under the War Hazards Compensation Act 24 (42 U.S.C. 1701 et seq.); and 50 percent of the additional 25 compensation and benefits required by section 10(h) of the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 866 1 Longshore and Harbor Workers’ Compensation Act, 2 $210,000,000, together with such amounts as may be nec3 essary to be charged to the subsequent year appropriation 4 for the payment of compensation and other benefits for 5 any period subsequent to August 15 of the current year, 6 for deposit into and to assume the attributes of the Em7 ployees’ Compensation Fund established under 5 U.S.C. 8 8147(a): Provided, That amounts appropriated may be 9 used under 5 U.S.C. 8104 by the Secretary to reimburse 10 an employer, who is not the employer at the time of injury, 11 for portions of the salary of a re-employed, disabled bene12 ficiary: Provided further, That balances of reimbursements 13 unobligated on September 30, 2015, shall remain available 14 until expended for the payment of compensation, benefits, 15 and expenses: Provided further, That in addition there 16 shall be transferred to this appropriation from the Postal 17 Service and from any other corporation or instrumentality 18 required under 5 U.S.C. 8147(c) to pay an amount for 19 its fair share of the cost of administration, such sums as 20 the Secretary determines to be the cost of administration 21 for employees of such fair share entities through Sep22 tember 30, 2016: Provided further, That of those funds 23 transferred to this account from the fair share entities to 24 pay the cost of administration of the Federal Employees’ December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 867 1 Compensation Act, $62,170,000 shall be made available 2 to the Secretary as follows: 3 (1) For enhancement and maintenance of auto- 4 mated data processing systems operations and tele- 5 communications systems, $21,140,000; 6 (2) For automated workload processing oper- 7 ations, including document imaging, centralized mail 8 intake, and medical bill processing, $22,968,000; 9 10 (3) For periodic roll disability management and medical review, $16,668,000; 11 (4) For program integrity, $1,394,000; and 12 (5) The remaining funds shall be paid into the 13 Treasury as miscellaneous receipts: 14 Provided further, That the Secretary may require that any 15 person filing a notice of injury or a claim for benefits 16 under 5 U.S.C. 81, or the Longshore and Harbor Work17 ers’ Compensation Act, provide as part of such notice and 18 claim, such identifying information (including Social Secu19 rity account number) as such regulations may prescribe. 20 SPECIAL BENEFITS FOR DISABLED COAL MINERS 21 For carrying out title IV of the Federal Mine Safety 22 and Health Act of 1977, as amended by Public Law 107– 23 275, $69,302,000, to remain available until expended. 24 For making after July 31 of the current fiscal year, 25 benefit payments to individuals under title IV of such Act, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 868 1 for costs incurred in the current fiscal year, such amounts 2 as may be necessary. 3 For making benefit payments under title IV for the 4 first quarter of fiscal year 2017, $19,000,000, to remain 5 available until expended. 6 ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES 7 OCCUPATIONAL ILLNESS COMPENSATION FUND 8 For necessary expenses to administer the Energy 9 Employees Occupational Illness Compensation Program 10 Act, $58,552,000, to remain available until expended: Pro11 vided, That the Secretary may require that any person fil12 ing a claim for benefits under the Act provide as part of 13 such claim such identifying information (including Social 14 Security account number) as may be prescribed. 15 BLACK LUNG DISABILITY TRUST FUND 16 (INCLUDING TRANSFER OF FUNDS) 17 Such sums as may be necessary from the Black Lung 18 Disability Trust Fund (the ‘‘Fund’’), to remain available 19 until expended, for payment of all benefits authorized by 20 section 9501(d)(1), (2), (6), and (7) of the Internal Rev21 enue Code of 1986; and repayment of, and payment of 22 interest on advances, as authorized by section 9501(d)(4) 23 of that Act. In addition, the following amounts may be 24 expended from the Fund for fiscal year 2016 for expenses 25 of operation and administration of the Black Lung Bene- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 869 1 fits program, as authorized by section 9501(d)(5): not to 2 exceed $35,244,000 for transfer to the Office of Workers’ 3 Compensation Programs, ‘‘Salaries and Expenses’’; not to 4 exceed $30,279,000 for transfer to Departmental Manage5 ment, ‘‘Salaries and Expenses’’; not to exceed $327,000 6 for transfer to Departmental Management, ‘‘Office of In7 spector General’’; and not to exceed $356,000 for pay8 ments into miscellaneous receipts for the expenses of the 9 Department of the Treasury. 10 OCCUPATIONAL SAFETY 11 12 AND HEALTH ADMINISTRATION SALARIES AND EXPENSES For necessary expenses for the Occupational Safety 13 and Health Administration, $552,787,000, including not 14 to exceed $100,850,000 which shall be the maximum 15 amount available for grants to States under section 23(g) 16 of the Occupational Safety and Health Act (the ‘‘Act’’), 17 which grants shall be no less than 50 percent of the costs 18 of State occupational safety and health programs required 19 to be incurred under plans approved by the Secretary 20 under section 18 of the Act; and, in addition, notwith21 standing 31 U.S.C. 3302, the Occupational Safety and 22 Health Administration may retain up to $499,000 per fis23 cal year of training institute course tuition and fees, other24 wise authorized by law to be collected, and may utilize 25 such sums for occupational safety and health training and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 870 1 education: Provided, That notwithstanding 31 U.S.C. 2 3302, the Secretary is authorized, during the fiscal year 3 ending September 30, 2016, to collect and retain fees for 4 services provided to Nationally Recognized Testing Lab5 oratories, and may utilize such sums, in accordance with 6 the provisions of 29 U.S.C. 9a, to administer national and 7 international laboratory recognition programs that ensure 8 the safety of equipment and products used by workers in 9 the workplace: Provided further, That none of the funds 10 appropriated under this paragraph shall be obligated or 11 expended to prescribe, issue, administer, or enforce any 12 standard, rule, regulation, or order under the Act which 13 is applicable to any person who is engaged in a farming 14 operation which does not maintain a temporary labor 15 camp and employs 10 or fewer employees: Provided fur16 ther, That no funds appropriated under this paragraph 17 shall be obligated or expended to administer or enforce 18 any standard, rule, regulation, or order under the Act with 19 respect to any employer of 10 or fewer employees who is 20 included within a category having a Days Away, Re21 stricted, or Transferred (‘‘DART’’) occupational injury 22 and illness rate, at the most precise industrial classifica23 tion code for which such data are published, less than the 24 national average rate as such rates are most recently pub25 lished by the Secretary, acting through the Bureau of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 871 1 Labor Statistics, in accordance with section 24 of the Act, 2 except— 3 (1) to provide, as authorized by the Act, con- 4 sultation, technical assistance, educational and train- 5 ing services, and to conduct surveys and studies; 6 (2) to conduct an inspection or investigation in 7 response to an employee complaint, to issue a cita- 8 tion for violations found during such inspection, and 9 to assess a penalty for violations which are not cor- 10 rected within a reasonable abatement period and for 11 any willful violations found; 12 13 14 15 (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; 16 (5) to take any action authorized by the Act 17 with respect to a report of an employment accident 18 which is fatal to one or more employees or which re- 19 sults in hospitalization of two or more employees, 20 and to take any action pursuant to such investiga- 21 tion authorized by the Act; and 22 (6) to take any action authorized by the Act 23 with respect to complaints of discrimination against 24 employees for exercising rights under the Act: December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 872 1 Provided further, That the foregoing proviso shall not 2 apply to any person who is engaged in a farming operation 3 which does not maintain a temporary labor camp and em4 ploys 10 or fewer employees: Provided further, That 5 $10,537,000 shall be available for Susan Harwood train6 ing grants. 7 8 9 MINE SAFETY AND HEALTH ADMINISTRATION SALARIES AND EXPENSES For necessary expenses for the Mine Safety and 10 Health Administration, $375,887,000, including purchase 11 and bestowal of certificates and trophies in connection 12 with mine rescue and first-aid work, and the hire of pas13 senger motor vehicles, including up to $2,000,000 for 14 mine rescue and recovery activities and not less than 15 $8,441,000 for State assistance grants: Provided, That 16 notwithstanding 31 U.S.C. 3302, not to exceed $750,000 17 may be collected by the National Mine Health and Safety 18 Academy for room, board, tuition, and the sale of training 19 materials, otherwise authorized by law to be collected, to 20 be available for mine safety and health education and 21 training activities: Provided further, That notwithstanding 22 31 U.S.C. 3302, the Mine Safety and Health Administra23 tion is authorized to collect and retain up to $2,499,000 24 from fees collected for the approval and certification of 25 equipment, materials, and explosives for use in mines, and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 873 1 may utilize such sums for such activities: Provided further, 2 That the Secretary is authorized to accept lands, build3 ings, equipment, and other contributions from public and 4 private sources and to prosecute projects in cooperation 5 with other agencies, Federal, State, or private: Provided 6 further, That the Mine Safety and Health Administration 7 is authorized to promote health and safety education and 8 training in the mining community through cooperative 9 programs with States, industry, and safety associations: 10 Provided further, That the Secretary is authorized to rec11 ognize the Joseph A. Holmes Safety Association as a prin12 cipal safety association and, notwithstanding any other 13 provision of law, may provide funds and, with or without 14 reimbursement, personnel, including service of Mine Safe15 ty and Health Administration officials as officers in local 16 chapters or in the national organization: Provided further, 17 That any funds available to the Department of Labor may 18 be used, with the approval of the Secretary, to provide 19 for the costs of mine rescue and survival operations in the 20 event of a major disaster. 21 22 23 BUREAU OF LABOR STATISTICS SALARIES AND EXPENSES For necessary expenses for the Bureau of Labor Sta- 24 tistics, including advances or reimbursements to State, 25 Federal, and local agencies and their employees for serv- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 874 1 ices rendered, $544,000,000, together with not to exceed 2 $65,000,000 which may be expended from the Employ3 ment Security Administration account in the Unemploy4 ment Trust Fund. 5 6 7 OFFICE OF DISABILITY EMPLOYMENT POLICY SALARIES AND EXPENSES For necessary expenses for the Office of Disability 8 Employment Policy to provide leadership, develop policy 9 and initiatives, and award grants furthering the objective 10 of eliminating barriers to the training and employment of 11 people with disabilities, $38,203,000. 12 DEPARTMENTAL MANAGEMENT 13 SALARIES AND EXPENSES 14 (INCLUDING TRANSFER OF FUNDS) 15 For necessary expenses for Departmental Manage- 16 ment, including the hire of three passenger motor vehicles, 17 $334,065,000, together with not to exceed $308,000, 18 which may be expended from the Employment Security 19 Administration account in the Unemployment Trust 20 Fund: Provided, That $59,825,000 for the Bureau of 21 International Labor Affairs shall be available for obliga22 tion through December 31, 2016: Provided further, That 23 funds available to the Bureau of International Labor Af24 fairs may be used to administer or operate international 25 labor activities, bilateral and multilateral technical assist- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 875 1 ance, and microfinance programs, by or through contracts, 2 grants, subgrants and other arrangements: Provided fur3 ther, That not more than $53,825,000 shall be for pro4 grams to combat exploitative child labor internationally 5 and not less than $6,000,000 shall be used to implement 6 model programs that address worker rights issues through 7 technical assistance in countries with which the United 8 States has free trade agreements or trade preference pro9 grams: Provided further, That $8,040,000 shall be used 10 for program evaluation and shall be available for obliga11 tion through September 30, 2017: Provided further, That 12 funds available for program evaluation may be used to ad13 minister grants for the purpose of evaluation: Provided 14 further, That grants made for the purpose of evaluation 15 shall be awarded through fair and open competition: Pro16 vided further, That funds available for program evaluation 17 may be transferred to any other appropriate account in 18 the Department for such purpose: Provided further, That 19 the Committees on Appropriations of the House of Rep20 resentatives and the Senate are notified at least 15 days 21 in advance of any transfer: Provided further, That the 22 funds available to the Women’s Bureau may be used for 23 grants to serve and promote the interests of women in the 24 workforce. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 876 1 2 VETERANS EMPLOYMENT AND TRAINING Not to exceed $233,001,000 may be derived from the 3 Employment Security Administration account in the Un4 employment Trust Fund to carry out the provisions of 5 chapters 41, 42, and 43 of title 38, United States Code, 6 of which: 7 (1) $175,000,000 is for Jobs for Veterans State 8 grants under 38 U.S.C. 4102A(b)(5) to support dis- 9 abled veterans’ outreach program specialists under 10 section 4103A of such title and local veterans’ em- 11 ployment representatives under section 4104(b) of 12 such title, and for the expenses described in section 13 4102A(b)(5)(C), which shall be available for obliga- 14 tion by the States through December 31, 2016, and 15 not to exceed 3 percent for the necessary Federal ex- 16 penditures for data systems and contract support to 17 allow for the tracking of participant and perform- 18 ance information: Provided, That, in addition, such 19 funds may be used to support such specialists and 20 representatives in the provision of services to 21 transitioning members of the Armed Forces who 22 have participated in the Transition Assistance Pro- 23 gram and have been identified as in need of inten- 24 sive services, to members of the Armed Forces who 25 are wounded, ill, or injured and receiving treatment December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 877 1 in military treatment facilities or warrior transition 2 units, and to the spouses or other family caregivers 3 of such wounded, ill, or injured members; 4 (2) $14,100,000 is for carrying out the Transi- 5 tion Assistance Program under 38 U.S.C. 4113 and 6 10 U.S.C. 1144; 7 (3) $40,487,000 is for Federal administration 8 of chapters 41, 42, and 43 of title 38, United States 9 Code; and 10 (4) $3,414,000 is for the National Veterans’ 11 Employment and Training Services Institute under 12 38 U.S.C. 4109: 13 Provided, That the Secretary may reallocate among the 14 appropriations provided under paragraphs (1) through (4) 15 above an amount not to exceed 3 percent of the appropria16 tion from which such reallocation is made. 17 In addition, from the General Fund of the Treasury, 18 $38,109,000 is for carrying out programs to assist home19 less veterans and veterans at risk of homelessness who are 20 transitioning from certain institutions under sections 21 2021, 2021A, and 2023 of title 38, United States Code: 22 Provided, That notwithstanding subsections (c)(3) and (d) 23 of section 2023, the Secretary may award grants through 24 September 30, 2016, to provide services under such sec25 tion: Provided further, That services provided under sec- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 878 1 tion 2023 may include, in addition to services to the indi2 viduals described in subsection (e) of such section, services 3 to veterans recently released from incarceration who are 4 at risk of homelessness. 5 6 IT MODERNIZATION For necessary expenses for Department of Labor cen- 7 tralized infrastructure technology investment activities re8 lated to support systems and modernization, $29,778,000. 9 10 OFFICE OF INSPECTOR GENERAL For salaries and expenses of the Office of Inspector 11 General in carrying out the provisions of the Inspector 12 General Act of 1978, $80,640,000, together with not to 13 exceed $5,660,000 which may be expended from the Em14 ployment Security Administration account in the Unem15 ployment Trust Fund. 16 17 GENERAL PROVISIONS SEC. 101. None of the funds appropriated by this Act 18 for the Job Corps shall be used to pay the salary and bo19 nuses of an individual, either as direct costs or any prora20 tion as an indirect cost, at a rate in excess of Executive 21 Level II. 22 23 (TRANSFER OF FUNDS) SEC. 102. Not to exceed 1 percent of any discre- 24 tionary funds (pursuant to the Balanced Budget and 25 Emergency Deficit Control Act of 1985) which are appro- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 879 1 priated for the current fiscal year for the Department of 2 Labor in this Act may be transferred between a program, 3 project, or activity, but no such program, project, or activ4 ity shall be increased by more than 3 percent by any such 5 transfer: Provided, That the transfer authority granted by 6 this section shall not be used to create any new program 7 or to fund any project or activity for which no funds are 8 provided in this Act: Provided further, That the Commit9 tees on Appropriations of the House of Representatives 10 and the Senate are notified at least 15 days in advance 11 of any transfer. 12 SEC. 103. In accordance with Executive Order 13 13126, none of the funds appropriated or otherwise made 14 available pursuant to this Act shall be obligated or ex15 pended for the procurement of goods mined, produced, 16 manufactured, or harvested or services rendered, in whole 17 or in part, by forced or indentured child labor in industries 18 and host countries already identified by the United States 19 Department of Labor prior to enactment of this Act. 20 SEC. 104. Except as otherwise provided in this sec- 21 tion, none of the funds made available to the Department 22 of Labor for grants under section 414(c) of the American 23 Competitiveness and Workforce Improvement Act of 1998 24 (29 U.S.C. 2916a) may be used for any purpose other 25 than competitive grants for training individuals who are December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 880 1 older than 16 years of age and are not currently enrolled 2 in school within a local educational agency in the occupa3 tions and industries for which employers are using H–1B 4 visas to hire foreign workers, and the related activities 5 necessary to support such training: Provided, That up to 6 $13,000,000 of such funds shall be available for obligation 7 through September 30, 2017 to process permanent foreign 8 labor certifications under section 212(a)(5)(A) of the Im9 migration and Nationality Act (8 U.S.C. 1182(a)(5)(A)): 10 Provided further, That the funding limitation under this 11 section shall not apply to funding provided pursuant to 12 solicitations for grant applications issued before January 13 15, 2014. 14 SEC. 105. None of the funds made available by this 15 Act under the heading ‘‘Employment and Training Ad16 ministration’’ shall be used by a recipient or subrecipient 17 of such funds to pay the salary and bonuses of an indi18 vidual, either as direct costs or indirect costs, at a rate 19 in excess of Executive Level II. This limitation shall not 20 apply to vendors providing goods and services as defined 21 in Office of Management and Budget Circular A–133. 22 Where States are recipients of such funds, States may es23 tablish a lower limit for salaries and bonuses of those re24 ceiving salaries and bonuses from subrecipients of such 25 funds, taking into account factors including the relative December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 881 1 cost-of-living in the State, the compensation levels for 2 comparable State or local government employees, and the 3 size of the organizations that administer Federal pro4 grams involved including Employment and Training Ad5 ministration programs. 6 7 (TRANSFER OF FUNDS) SEC. 106. Notwithstanding section 102, the Sec- 8 retary may transfer funds made available to the Employ9 ment and Training Administration by this Act, either di10 rectly or through a set-aside, for technical assistance serv11 ices to grantees to ‘‘Program Administration’’ when it is 12 determined that those services will be more efficiently per13 formed by Federal employees: Provided, That this section 14 shall not apply to section 171 of the WIOA. 15 16 (TRANSFER OF FUNDS) SEC. 107. (a) The Secretary may reserve not more 17 than 0.75 percent from each appropriation made available 18 in this Act identified in subsection (b) in order to carry 19 out evaluations of any of the programs or activities that 20 are funded under such accounts. Any funds reserved under 21 this section shall be transferred to ‘‘Departmental Man22 agement’’ for use by the Office of the Chief Evaluation 23 Officer within the Department of Labor, and shall be 24 available for obligation through September 30, 2017: Pro25 vided, That such funds shall only be available if the Chief December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 882 1 Evaluation Officer of the Department of Labor submits 2 a plan to the Committees on Appropriations of the House 3 of Representatives and the Senate describing the evalua4 tions to be carried out 15 days in advance of any transfer. 5 (b) The accounts referred to in subsection (a) are: 6 ‘‘Training and Employment Services’’, ‘‘Job Corps’’, 7 ‘‘Community Service Employment for Older Americans’’, 8 ‘‘State Unemployment Insurance and Employment Service 9 Operations’’, ‘‘Employee Benefits Security Administra10 tion’’, ‘‘Office of Workers’ Compensation Programs’’, 11 ‘‘Wage and Hour Division’’, ‘‘Office of Federal Contract 12 Compliance Programs’’, ‘‘Office of Labor Management 13 Standards’’, ‘‘Occupational Safety and Health Adminis14 tration’’, ‘‘Mine Safety and Health Administration’’, ‘‘Of15 fice of Disability Employment Policy’’, funding made 16 available to the ‘‘Bureau of International Labor Affairs’’ 17 and ‘‘Women’s Bureau’’ within the ‘‘Departmental Man18 agement, Salaries and Expenses’’ account, and ‘‘Veterans 19 Employment and Training’’. 20 SEC. 108. (a) Section 7 of the Fair Labor Standards 21 Act of 1938 (29 U.S.C. 207) shall be applied as if the 22 following text is part of such section: 23 ‘‘(s)(1) The provisions of this section shall not apply 24 for a period of 2 years after the occurrence of a major 25 disaster to any employee— December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 883 1 ‘‘(A) employed to adjust or evaluate claims re- 2 sulting from or relating to such major disaster, by 3 an employer not engaged, directly or through an af- 4 filiate, in underwriting, selling, or marketing prop- 5 erty, casualty, or liability insurance policies or con- 6 tracts; 7 ‘‘(B) who receives from such employer on aver- 8 age weekly compensation of not less than $591.00 9 per week or any minimum weekly amount estab- 10 lished by the Secretary, whichever is greater, for the 11 number of weeks such employee is engaged in any 12 of the activities described in subparagraph (C); and 13 ‘‘(C) whose duties include any of the following: 14 ‘‘(i) interviewing insured individuals, indi- 15 viduals who suffered injuries or other damages 16 or losses arising from or relating to a disaster, 17 witnesses, or physicians; 18 ‘‘(ii) inspecting property damage or review- 19 ing factual information to prepare damage esti- 20 mates; 21 ‘‘(iii) evaluating and making recommenda- 22 tions regarding coverage or compensability of 23 claims or determining liability or value aspects 24 of claims; 25 December 16, 2015 (1:04 a.m.) ‘‘(iv) negotiating settlements; or U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 884 1 ‘‘(v) making recommendations regarding 2 3 litigation. ‘‘(2) The exemption in this subsection shall not affect 4 the exemption provided by section 13(a)(1). 5 ‘‘(3) For purposes of this subsection— 6 ‘‘(A) the term ‘major disaster’ means any dis- 7 aster or catastrophe declared or designated by any 8 State or Federal agency or department; 9 ‘‘(B) the term ‘employee employed to adjust or 10 evaluate claims resulting from or relating to such 11 major disaster’ means an individual who timely se- 12 cured or secures a license required by applicable law 13 to engage in and perform the activities described in 14 clauses (i) through (v) of paragraph (1)(C) relating 15 to a major disaster, and is employed by an employer 16 that maintains worker compensation insurance cov- 17 erage or protection for its employees, if required by 18 applicable law, and withholds applicable Federal, 19 State, and local income and payroll taxes from the 20 wages, salaries and any benefits of such employees; 21 and 22 ‘‘(C) the term ‘affiliate’ means a company that, 23 by reason of ownership or control of 25 percent or 24 more of the outstanding shares of any class of voting 25 securities of one or more companies, directly or indi- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 885 1 rectly, controls, is controlled by, or is under common 2 control with, another company.’’. 3 (b) This section shall be effective on the date of en- 4 actment of this Act. 5 SEC. 109. Notwithstanding any other provision of 6 law, beginning October 1, 2015, the Secretary of Labor, 7 in consultation with the Secretary of Agriculture may se8 lect an entity to operate a Civilian Conservation Center 9 on a competitive basis in accordance with section 147 of 10 the WIOA, if the Secretary of Labor determines such Cen11 ter has had consistently low performance under the per12 formance accountability system in effect for the Job Corps 13 program prior to July 1, 2016, or with respect to expected 14 levels of performance established under section 159(c) of 15 such Act beginning July 1, 2016. 16 SEC. 110. None of the funds made available by this 17 Act may be used to implement, administer, or enforce the 18 Establishing a Minimum Wage for Contractors regulation 19 published by the Department of Labor in the Federal Reg20 ister on October 7, 2014 (79 Fed. Reg. 60634 et seq.), 21 with respect to Federal contracts, permits, or other con22 tract-like instruments entered into with the Federal Gov23 ernment in connection with Federal property or lands, spe24 cifically related to offering seasonal recreational services 25 or seasonal recreation equipment rental for the general December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 886 1 public: Provided, That this section shall not apply to lodg2 ing and food services associated with seasonal recreation 3 services. 4 SEC. 111. (a) FLEXIBILITY WITH RESPECT 5 CROSSING OF H–2B NONIMMIGRANTS WORKING TO THE IN THE 6 SEAFOOD INDUSTRY.— 7 (1) IN GENERAL.—Subject to paragraph (2), if 8 a petition for H–2B nonimmigrants filed by an em- 9 ployer in the seafood industry is granted, the em- 10 ployer may bring the nonimmigrants described in 11 the petition into the United States at any time dur- 12 ing the 120-day period beginning on the start date 13 for which the employer is seeking the services of the 14 nonimmigrants without filing another petition. 15 (2) REQUIREMENTS FOR CROSSINGS AFTER 16 90TH DAY.—An 17 may not bring H–2B nonimmigrants into the United 18 States after the date that is 90 days after the start 19 date for which the employer is seeking the services 20 of the nonimmigrants unless the employer— 21 22 23 24 December 16, 2015 (1:04 a.m.) employer in the seafood industry (A) completes a new assessment of the local labor market by— (i) listing job orders in local newspapers on 2 separate Sundays; and U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 887 1 (ii) posting the job opportunity on the 2 appropriate Department of Labor Elec- 3 tronic Job Registry and at the employer’s 4 place of employment; and 5 (B) offers the job to an equally or better 6 qualified United States worker who— 7 (i) applies for the job; and 8 (ii) will be available at the time and 9 10 place of need. (3) EXEMPTION FROM RULES WITH RESPECT 11 TO STAGGERING.—The 12 consider an employer in the seafood industry who 13 brings H–2B nonimmigrants into the United States 14 during the 120-day period specified in paragraph (1) 15 to be staggering the date of need in violation of sec- 16 tion 655.20(d) of title 20, Code of Federal Regula- 17 tions, or any other applicable provision of law. 18 (b) H–2B NONIMMIGRANTS DEFINED.—In this sec- Secretary of Labor shall not 19 tion, the term ‘‘H–2B nonimmigrants’’ means aliens ad20 mitted to the United States pursuant to section 21 101(a)(15)(H)(ii)(B) of the Immigration and Nationality 22 Act (8 U.S.C. 1101(a)(15)(H)(ii)(B)). 23 SEC. 112. The determination of prevailing wage for 24 the purposes of the H–2B program shall be the greater 25 of—(1) the actual wage level paid by the employer to other December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 888 1 employees with similar experience and qualifications for 2 such position in the same location; or (2) the prevailing 3 wage level for the occupational classification of the posi4 tion in the geographic area in which the H–2B non5 immigrant will be employed, based on the best information 6 available at the time of filing the petition. In the deter7 mination of prevailing wage for the purposes of the H– 8 2B program, the Secretary shall accept private wage sur9 veys even in instances where Occupational Employment 10 Statistics survey data are available unless the Secretary 11 determines that the methodology and data in the provided 12 survey are not statistically supported. 13 SEC. 113. None of the funds in this Act shall be used 14 to enforce the definition of corresponding employment 15 found in 20 CFR 655.5 or the three-fourths guarantee 16 rule definition found in 20 CFR 655.20, or any references 17 thereto. Further, for the purpose of regulating admission 18 of temporary workers under the H–2B program, the defi19 nition of temporary need shall be that provided in 8 CFR 20 214.2(h)(6)(ii)(B). 21 SEC. 114. None of the funds in this Act shall be used 22 to implement 20 CFR 655.70 and 20 CFR 655.71. 23 This title may be cited as the ‘‘Department of Labor 24 Appropriations Act, 2016’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 889 1 TITLE II 2 DEPARTMENT OF HEALTH AND HUMAN 3 SERVICES 4 HEALTH RESOURCES 5 6 AND SERVICES ADMINISTRATION PRIMARY HEALTH CARE For carrying out titles II and III of the Public Health 7 Service Act (referred to in this Act as the ‘‘PHS Act’’) 8 with respect to primary health care and the Native Hawai9 ian Health Care Act of 1988, $1,491,522,000 (in addition 10 to the $3,600,000,000 previously appropriated to the 11 Community Health Center Fund for fiscal year 2016): 12 Provided, That no more than $100,000 shall be available 13 until expended for carrying out the provisions of section 14 224(o) of the PHS Act: Provided further, That no more 15 than $99,893,000 shall be available until expended for 16 carrying out the provisions of Public Law 104–73 and for 17 expenses incurred by the Department of Health and 18 Human Services (referred to in this Act as ‘‘HHS’’) per19 taining to administrative claims made under such law: 20 Provided further, That of funds provided for the Health 21 Centers program, as defined by section 330 of the PHS 22 Act, by this Act or any other Act for fiscal year 2016, 23 not less than $200,000,000 shall be obligated in fiscal year 24 2016 to support new access points, grants to expand med25 ical services, behavioral health, oral health, pharmacy, or December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 890 1 vision services, and not less than $150,000,000 shall be 2 obligated in fiscal year 2016 for construction and capital 3 improvement costs: Provided further, That the time limita4 tion in section 330(e)(3) of the PHS Act shall not apply 5 in fiscal year 2016. 6 7 HEALTH WORKFORCE For carrying out titles III, VII, and VIII of the PHS 8 Act with respect to the health workforce, section 1128E 9 of the Social Security Act, and the Health Care Quality 10 Improvement Act of 1986, $786,895,000: Provided, That 11 sections 747(c)(2), 751(j)(2), 762(k), and the proportional 12 funding amounts in paragraphs (1) through (4) of section 13 756(e) of the PHS Act shall not apply to funds made 14 available under this heading: Provided further, That for 15 any program operating under section 751 of the PHS Act 16 on or before January 1, 2009, the Secretary of Health 17 and Human Services (referred to in this title as the ‘‘Sec18 retary’’) may hereafter waive any of the requirements con19 tained in sections 751(d)(2)(A) and 751(d)(2)(B) of such 20 Act for the full project period of a grant under such sec21 tion: Provided further, That no funds shall be available 22 for section 340G–1 of the PHS Act: Provided further, 23 That fees collected for the disclosure of information under 24 section 427(b) of the Health Care Quality Improvement 25 Act of 1986 and sections 1128E(d)(2) and 1921 of the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 891 1 Social Security Act shall be sufficient to recover the full 2 costs of operating the programs authorized by such sec3 tions and shall remain available until expended for the Na4 tional Practitioner Data Bank: Provided further, That 5 funds transferred to this account to carry out section 846 6 and subpart 3 of part D of title III of the PHS Act may 7 be used to make prior year adjustments to awards made 8 under such sections. 9 10 MATERNAL AND CHILD HEALTH For carrying out titles III, XI, XII, and XIX of the 11 PHS Act with respect to maternal and child health, title 12 V of the Social Security Act, and section 712 of the Amer13 ican Jobs Creation Act of 2004, $845,117,000: Provided, 14 That notwithstanding sections 502(a)(1) and 502(b)(1) of 15 the Social Security Act, not more than $77,093,000 shall 16 be available for carrying out special projects of regional 17 and national significance pursuant to section 501(a)(2) of 18 such Act and $10,276,000 shall be available for projects 19 described in subparagraphs (A) through (F) of section 20 501(a)(3) of such Act. 21 22 RYAN WHITE HIV/AIDS PROGRAM For carrying out title XXVI of the PHS Act with 23 respect to the Ryan White HIV/AIDS program, 24 $2,322,781,000, of which $1,970,881,000 shall remain 25 available to the Secretary through September 30, 2018, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 892 1 for parts A and B of title XXVI of the PHS Act, and 2 of which not less than $900,313,000 shall be for State 3 AIDS Drug Assistance Programs under the authority of 4 section 2616 or 311(c) of such Act. 5 6 HEALTH CARE SYSTEMS For carrying out titles III and XII of the PHS Act 7 with respect to health care systems, and the Stem Cell 8 Therapeutic and Research Act of 2005, $103,193,000, of 9 which $122,000 shall be available until expended for facili10 ties renovations at the Gillis W. Long Hansen’s Disease 11 Center. 12 13 RURAL HEALTH For carrying out titles III and IV of the PHS Act 14 with respect to rural health, section 427(a) of the Federal 15 Coal Mine Health and Safety Act of 1969, and sections 16 711 and 1820 of the Social Security Act, $149,571,000, 17 of which $41,609,000 from general revenues, notwith18 standing section 1820(j) of the Social Security Act, shall 19 be available for carrying out the Medicare rural hospital 20 flexibility grants program: Provided, That of the funds 21 made available under this heading for Medicare rural hos22 pital flexibility grants, $14,942,000 shall be available for 23 the Small Rural Hospital Improvement Grant Program 24 for quality improvement and adoption of health informa25 tion technology and up to $1,000,000 shall be to carry December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 893 1 out section 1820(g)(6) of the Social Security Act, with 2 funds provided for grants under section 1820(g)(6) avail3 able for the purchase and implementation of telehealth 4 services, including pilots and demonstrations on the use 5 of electronic health records to coordinate rural veterans 6 care between rural providers and the Department of Vet7 erans Affairs electronic health record system: Provided 8 further, That notwithstanding section 338J(k) of the PHS 9 Act, $9,511,000 shall be available for State Offices of 10 Rural Health. 11 12 FAMILY PLANNING For carrying out the program under title X of the 13 PHS Act to provide for voluntary family planning 14 projects, $286,479,000: Provided, That amounts provided 15 to said projects under such title shall not be expended for 16 abortions, that all pregnancy counseling shall be nondirec17 tive, and that such amounts shall not be expended for any 18 activity (including the publication or distribution of lit19 erature) that in any way tends to promote public support 20 or opposition to any legislative proposal or candidate for 21 public office. 22 23 PROGRAM MANAGEMENT For program support in the Health Resources and 24 Services Administration, $154,000,000: Provided, That 25 funds made available under this heading may be used to December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 894 1 supplement program support funding provided under the 2 headings ‘‘Primary Health Care’’, ‘‘Health Workforce’’, 3 ‘‘Maternal and Child Health’’, ‘‘Ryan White HIV/AIDS 4 Program’’, ‘‘Health Care Systems’’, and ‘‘Rural Health’’. 5 VACCINE INJURY COMPENSATION PROGRAM TRUST FUND 6 For payments from the Vaccine Injury Compensation 7 Program Trust Fund (the ‘‘Trust Fund’’), such sums as 8 may be necessary for claims associated with vaccine-re9 lated injury or death with respect to vaccines administered 10 after September 30, 1988, pursuant to subtitle 2 of title 11 XXI of the PHS Act, to remain available until expended: 12 Provided, That for necessary administrative expenses, not 13 to exceed $7,500,000 shall be available from the Trust 14 Fund to the Secretary. 15 CENTERS 16 FOR DISEASE CONTROL AND PREVENTION IMMUNIZATION AND RESPIRATORY DISEASES 17 For carrying out titles II, III, XVII, and XXI, and 18 section 2821 of the PHS Act, titles II and IV of the Immi19 gration and Nationality Act, and section 501 of the Ref20 ugee Education Assistance Act, with respect to immuniza21 tion and respiratory diseases, $459,055,000. 22 HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED 23 DISEASES, AND TUBERCULOSIS PREVENTION 24 For carrying out titles II, III, XVII, and XXIII of 25 the PHS Act with respect to HIV/AIDS, viral hepatitis, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 895 1 sexually transmitted diseases, and tuberculosis prevention, 2 $1,122,278,000. 3 EMERGING AND ZOONOTIC INFECTIOUS DISEASES 4 For carrying out titles II, III, and XVII, and section 5 2821 of the PHS Act, titles II and IV of the Immigration 6 and Nationality Act, and section 501 of the Refugee Edu7 cation Assistance Act, with respect to emerging and 8 zoonotic infectious diseases, $527,885,000. 9 CHRONIC DISEASE PREVENTION AND HEALTH 10 11 PROMOTION For carrying out titles II, III, XI, XV, XVII, and 12 XIX of the PHS Act with respect to chronic disease pre13 vention and health promotion, $838,146,000: Provided, 14 That funds appropriated under this account may be avail15 able for making grants under section 1509 of the PHS 16 Act for not less than 21 States, tribes, or tribal organiza17 tions: Provided further, That of the funds available under 18 this heading, $10,000,000 shall be available to continue 19 and expand community specific extension and outreach 20 programs to combat obesity in counties with the highest 21 levels of obesity: Provided further, That the proportional 22 funding requirements under section 1503(a) of the PHS 23 Act shall not apply to funds made available under this 24 heading. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 896 1 BIRTH DEFECTS, DEVELOPMENTAL DISABILITIES, 2 DISABILITIES AND HEALTH 3 For carrying out titles II, III, XI, and XVII of the 4 PHS Act with respect to birth defects, developmental dis5 abilities, disabilities and health, $135,610,000. 6 PUBLIC HEALTH SCIENTIFIC SERVICES 7 For carrying out titles II, III, and XVII of the PHS 8 Act with respect to health statistics, surveillance, health 9 informatics, and workforce development, $491,597,000. 10 ENVIRONMENTAL HEALTH 11 For carrying out titles II, III, and XVII of the PHS 12 Act with respect to environmental health, $165,303,000. 13 INJURY PREVENTION AND CONTROL 14 For carrying out titles II, III, and XVII of the PHS 15 Act with respect to injury prevention and control, 16 $236,059,000: Provided, That of the funds provided under 17 this heading, $70,000,000 shall be available for an evi18 dence-based opioid drug overdose prevention program. 19 NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND 20 HEALTH 21 For carrying out titles II, III, and XVII of the PHS 22 Act, sections 101, 102, 103, 201, 202, 203, 301, and 501 23 of the Federal Mine Safety and Health Act, section 13 24 of the Mine Improvement and New Emergency Response 25 Act, and sections 20, 21, and 22 of the Occupational Safe- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 897 1 ty and Health Act, with respect to occupational safety and 2 health, $339,121,000. 3 ENERGY EMPLOYEES OCCUPATIONAL ILLNESS 4 COMPENSATION PROGRAM 5 For necessary expenses to administer the Energy 6 Employees Occupational Illness Compensation Program 7 Act, $55,358,000, to remain available until expended: Pro8 vided, That this amount shall be available consistent with 9 the provision regarding administrative expenses in section 10 151(b) of division B, title I of Public Law 106–554. 11 12 GLOBAL HEALTH For carrying out titles II, III, and XVII of the PHS 13 Act with respect to global health, $427,121,000, of which 14 $128,421,000 for international HIV/AIDS shall remain 15 available through September 30, 2017: Provided, That 16 funds may be used for purchase and insurance of official 17 motor vehicles in foreign countries. 18 PUBLIC HEALTH PREPAREDNESS AND RESPONSE 19 For carrying out titles II, III, and XVII of the PHS 20 Act with respect to public health preparedness and re21 sponse, and for expenses necessary to support activities 22 related to countering potential biological, nuclear, radio23 logical, and chemical threats to civilian populations, 24 $1,405,000,000, of which $575,000,000 shall remain 25 available until expended for the Strategic National Stock- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 898 1 pile: Provided, That in the event the Director of the CDC 2 activates the Emergency Operations Center, the Director 3 of the CDC may detail CDC staff without reimbursement 4 for up to 90 days to support the work of the CDC Emer5 gency Operations Center, so long as the Director provides 6 a notice to the Committees on Appropriations of the 7 House of Representatives and the Senate within 15 days 8 of the use of this authority and a full report within 30 9 days after use of this authority which includes the number 10 of staff and funding level broken down by the originating 11 center and number of days detailed: Provided further, 12 That funds appropriated under this heading may be used 13 to support a contract for the operation and maintenance 14 of an aircraft in direct support of activities throughout 15 CDC to ensure the agency is prepared to address public 16 health preparedness emergencies. 17 BUILDINGS AND FACILITIES 18 (INCLUDING TRANSFER OF FUNDS) 19 For acquisition of real property, equipment, construc- 20 tion, demolition, and renovation of facilities, $10,000,000, 21 which shall remain available until September 30, 2020: 22 Provided, That funds previously set-aside by CDC for re23 pair and upgrade of the Lake Lynn Experimental Mine 24 and Laboratory shall be used to acquire a replacement 25 mine safety research facility: Provided further, That in ad- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 899 1 dition, the prior year unobligated balance of any amounts 2 assigned to former employees in accounts of CDC made 3 available for Individual Learning Accounts shall be cred4 ited to and merged with the amounts made available under 5 this heading to support the replacement of the mine safety 6 research facility. 7 8 CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT For carrying out titles II, III, XVII and XIX, and 9 section 2821 of the PHS Act and for cross-cutting activi10 ties and program support for activities funded in other 11 appropriations included in this Act for the Centers for 12 Disease Control and Prevention, $113,570,000: Provided, 13 That paragraphs (1) through (3) of subsection (b) of sec14 tion 2821 of the PHS Act shall not apply to funds appro15 priated under this heading and in all other accounts of 16 the CDC: Provided further, That employees of CDC or the 17 Public Health Service, both civilian and commissioned of18 ficers, detailed to States, municipalities, or other organiza19 tions under authority of section 214 of the PHS Act, or 20 in overseas assignments, shall be treated as non-Federal 21 employees for reporting purposes only and shall not be in22 cluded within any personnel ceiling applicable to the Agen23 cy, Service, or HHS during the period of detail or assign24 ment: Provided further, That CDC may use up to $10,000 25 from amounts appropriated to CDC in this Act for official December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 900 1 reception and representation expenses when specifically 2 approved by the Director of CDC: Provided further, That 3 in addition, such sums as may be derived from authorized 4 user fees, which shall be credited to the appropriation 5 charged with the cost thereof: Provided further, That with 6 respect to the previous proviso, authorized user fees from 7 the Vessel Sanitation Program and the Respirator Certifi8 cation Program shall be available through September 30, 9 2017. 10 11 12 NATIONAL INSTITUTES OF HEALTH NATIONAL CANCER INSTITUTE For carrying out section 301 and title IV of the PHS 13 Act with respect to cancer, $5,214,701,000, of which up 14 to $16,000,000 may be used for facilities repairs and im15 provements at the National Cancer Institute—Frederick 16 Federally Funded Research and Development Center in 17 Frederick, Maryland. 18 NATIONAL HEART, LUNG, AND BLOOD INSTITUTE 19 For carrying out section 301 and title IV of the PHS 20 Act with respect to cardiovascular, lung, and blood dis21 eases, and blood and blood products, $3,115,538,000. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 901 1 NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL 2 RESEARCH 3 For carrying out section 301 and title IV of the PHS 4 Act with respect to dental and craniofacial diseases, 5 $415,582,000. 6 NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND 7 KIDNEY DISEASES 8 For carrying out section 301 and title IV of the PHS 9 Act with respect to diabetes and digestive and kidney dis10 ease, $1,818,357,000. 11 NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS 12 AND STROKE 13 For carrying out section 301 and title IV of the PHS 14 Act with respect to neurological disorders and stroke, 15 $1,696,139,000. 16 NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS 17 DISEASES 18 For carrying out section 301 and title IV of the PHS 19 Act with respect to allergy and infectious diseases, 20 $4,629,928,000. 21 NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES 22 23 Act For carrying out section 301 and title IV of the PHS with respect to general medical sciences, 24 $2,512,073,000, of which $780,000,000 shall be from 25 funds available under section 241 of the PHS Act: Pro- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 902 1 vided, That not less than $320,840,000 is provided for 2 the Institutional Development Awards program. 3 EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF 4 CHILD HEALTH AND HUMAN DEVELOPMENT 5 For carrying out section 301 and title IV of the PHS 6 Act with respect to child health and human development, 7 $1,339,802,000. 8 NATIONAL EYE INSTITUTE 9 For carrying out section 301 and title IV of the PHS 10 Act with respect to eye diseases and visual disorders, 11 $715,903,000. 12 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH 13 SCIENCES 14 For carrying out section 301 and title IV of the PHS 15 Act with respect to environmental health sciences, 16 $693,702,000. 17 18 NATIONAL INSTITUTE ON AGING For carrying out section 301 and title IV of the PHS 19 Act with respect to aging, $1,600,191,000. 20 NATIONAL INSTITUTE OF ARTHRITIS AND 21 MUSCULOSKELETAL AND SKIN DISEASES 22 For carrying out section 301 and title IV of the PHS 23 Act with respect to arthritis and musculoskeletal and skin 24 diseases, $542,141,000. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 903 1 NATIONAL INSTITUTE ON DEAFNESS AND OTHER 2 COMMUNICATION DISORDERS 3 For carrying out section 301 and title IV of the PHS 4 Act with respect to deafness and other communication dis5 orders, $423,031,000. 6 NATIONAL INSTITUTE OF NURSING RESEARCH 7 For carrying out section 301 and title IV of the PHS 8 Act with respect to nursing research, $146,485,000. 9 NATIONAL INSTITUTE ON ALCOHOL ABUSE AND 10 ALCOHOLISM 11 For carrying out section 301 and title IV of the PHS 12 Act with respect to alcohol abuse and alcoholism, 13 $467,700,000. 14 NATIONAL INSTITUTE ON DRUG ABUSE 15 For carrying out section 301 and title IV of the PHS 16 Act with respect to drug abuse, $1,077,488,000. 17 NATIONAL INSTITUTE OF MENTAL HEALTH 18 For carrying out section 301 and title IV of the PHS 19 Act with respect to mental health, $1,548,390,000. 20 NATIONAL HUMAN GENOME RESEARCH INSTITUTE 21 22 Act For carrying out section 301 and title IV of the PHS with respect 23 $518,956,000. December 16, 2015 (1:04 a.m.) to human genome research, U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 904 1 NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND 2 BIOENGINEERING 3 For carrying out section 301 and title IV of the PHS 4 Act with respect to biomedical imaging and bioengineering 5 research, $346,795,000. 6 NATIONAL CENTER FOR COMPLEMENTARY AND 7 INTEGRATIVE HEALTH 8 For carrying out section 301 and title IV of the PHS 9 Act with respect to complementary and integrative health, 10 $130,789,000. 11 NATIONAL INSTITUTE ON MINORITY HEALTH AND 12 HEALTH DISPARITIES 13 For carrying out section 301 and title IV of the PHS 14 Act with respect to minority health and health disparities 15 research, $279,718,000. 16 17 JOHN E. FOGARTY INTERNATIONAL CENTER For carrying out the activities of the John E. Fogarty 18 International Center (described in subpart 2 of part E of 19 title IV of the PHS Act), $70,447,000. 20 21 NATIONAL LIBRARY OF MEDICINE For carrying out section 301 and title IV of the PHS 22 Act with respect to health information communications, 23 $394,664,000: Provided, That of the amounts available for 24 improvement of information systems, $4,000,000 shall be 25 available until September 30, 2017: Provided further, That December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 905 1 in fiscal year 2016, the National Library of Medicine may 2 enter into personal services contracts for the provision of 3 services in facilities owned, operated, or constructed under 4 the jurisdiction of the National Institutes of Health (re5 ferred to in this title as ‘‘NIH’’). 6 NATIONAL CENTER FOR ADVANCING TRANSLATIONAL 7 SCIENCES 8 For carrying out section 301 and title IV of the PHS 9 Act with respect to translational sciences, $685,417,000: 10 Provided, That up to $25,835,000 shall be available to im11 plement section 480 of the PHS Act, relating to the Cures 12 Acceleration Network: Provided further, That at least 13 $500,000,000 is provided to the Clinical and Translational 14 Sciences Awards program. 15 16 OFFICE OF THE DIRECTOR For carrying out the responsibilities of the Office of 17 the Director, NIH, $1,558,600,000, of which up to 18 $30,000,000 may be used to carry out section 215 of this 19 Act: Provided, That funding shall be available for the pur20 chase of not to exceed 29 passenger motor vehicles for re21 placement only: Provided further, That all funds credited 22 to the NIH Management Fund shall remain available for 23 one fiscal year after the fiscal year in which they are de24 posited: Provided further, That $165,000,000 shall be for 25 the National Children’s Study Follow-on: Provided further, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 906 1 That NIH shall submit a spend plan on the next phase 2 of the study in the previous proviso to the Committees 3 on Appropriations of the House of Representatives and the 4 Senate not later than 90 days after the date of enactment 5 of this Act: Provided further, That $663,039,000 shall be 6 available for the Common Fund established under section 7 402A(c)(1) of the PHS Act: Provided further, That of the 8 funds provided, $10,000 shall be for official reception and 9 representation expenses when specifically approved by the 10 Director of the NIH: Provided further, That the Office of 11 AIDS Research within the Office of the Director of the 12 NIH may spend up to $8,000,000 to make grants for con13 struction or renovation of facilities as provided for in sec14 tion 2354(a)(5)(B) of the PHS Act: Provided further, 15 That up to $130,000,000 of the funds provided to the 16 Common Fund are available to support the trans-NIH 17 Precision Medicine Initiative: Provided further, That of the 18 amount provided to the NIH, the Director of the NIH 19 shall enter into an agreement with the National Academy 20 of Sciences, as part of the studies conducted under section 21 489 of the PHS Act, to conduct a comprehensive study 22 on policies affecting the next generation of researchers in 23 the United States: Provided further, That, of the funds 24 from Institute, Center, and Office of the Director accounts 25 within ‘‘Department of Health and Human Services, Na- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 907 1 tional Institutes of Health,’’ in order to strengthen privacy 2 protections for human research participants, NIH shall re3 quire investigators receiving NIH funding for new and 4 competing research projects designed to generate and ana5 lyze large volumes of data derived from human research 6 participants to obtain a certificate of confidentiality. 7 In addition to other funds appropriated for the Com- 8 mon Fund established under section 402A(c) of the PHS 9 Act, $12,600,000 is appropriated to the Common Fund 10 from the 10-year Pediatric Research Initiative Fund de11 scribed in section 9008 of title 26, United States Code, 12 for the purpose of carrying out section 402(b)(7)(B)(ii) 13 of the PHS Act (relating to pediatric research), as author14 ized in the Gabriella Miller Kids First Research Act. 15 BUILDINGS AND FACILITIES 16 For the study of, construction of, renovation of, and 17 acquisition of equipment for, facilities of or used by NIH, 18 including the acquisition of real property, $128,863,000, 19 to remain available through September 30, 2020. 20 SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES 21 ADMINISTRATION 22 MENTAL HEALTH 23 For carrying out titles III, V, and XIX of the PHS 24 Act with respect to mental health, and the Protection and 25 Advocacy for Individuals with Mental Illness Act, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 908 1 $1,133,948,000: Provided, That notwithstanding section 2 520A(f)(2) of the PHS Act, no funds appropriated for car3 rying out section 520A shall be available for carrying out 4 section 1971 of the PHS Act: Provided further, That in 5 addition to amounts provided herein, $21,039,000 shall be 6 available under section 241 of the PHS Act to carry out 7 subpart I of part B of title XIX of the PHS Act to fund 8 section 1920(b) technical assistance, national data, data 9 collection and evaluation activities, and further that the 10 total available under this Act for section 1920(b) activities 11 shall not exceed 5 percent of the amounts appropriated 12 for subpart I of part B of title XIX: Provided further, That 13 section 520E(b)(2) of the PHS Act shall not apply to 14 funds appropriated in this Act for fiscal year 2016: Pro15 vided further, That of the amount appropriated under this 16 heading, $46,887,000 shall be for the National Child 17 Traumatic Stress Initiative as described in section 582 of 18 the PHS Act: Provided further, That notwithstanding sec19 tion 565(b)(1) of the PHS Act, technical assistance may 20 be provided to a public entity to establish or operate a 21 system of comprehensive community mental health serv22 ices to children with a serious emotional disturbance, with23 out regard to whether the public entity receives a grant 24 under section 561(a) of such Act: Provided further, That 25 States shall expend at least 10 percent of the amount each December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 909 1 receives for carrying out section 1911 of the PHS Act to 2 support evidence-based programs that address the needs 3 of individuals with early serious mental illness, including 4 psychotic disorders, regardless of the age of the individual 5 at onset: Provided further, That none of the funds pro6 vided for section 1911 of the PHS Act shall be subject 7 to section 241 of such Act: Provided further, That of the 8 funds made available under this heading, $15,000,000 9 shall be to carry out section 224 of the Protecting Access 10 to Medicare Act of 2014 (Public Law 113–93; 42 U.S.C. 11 290aa 22 note). 12 13 SUBSTANCE ABUSE TREATMENT For carrying out titles III, V, and XIX of the PHS 14 Act with respect to substance abuse treatment and section 15 1922(a) of the PHS Act with respect to substance abuse 16 prevention, $2,114,224,000: Provided, That in addition to 17 amounts provided herein, the following amounts shall be 18 available under section 241 of the PHS Act: (1) 19 $79,200,000 to carry out subpart II of part B of title XIX 20 of the PHS Act to fund section 1935(b) technical assist21 ance, national data, data collection and evaluation activi22 ties, and further that the total available under this Act 23 for section 1935(b) activities shall not exceed 5 percent 24 of the amounts appropriated for subpart II of part B of 25 title XIX; and (2) $2,000,000 to evaluate substance abuse December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 910 1 treatment programs: Provided further, That none of the 2 funds provided for section 1921 of the PHS Act shall be 3 subject to section 241 of such Act. 4 5 SUBSTANCE ABUSE PREVENTION For carrying out titles III and V of the PHS Act 6 with respect to substance abuse prevention, $211,219,000. 7 HEALTH SURVEILLANCE AND PROGRAM SUPPORT 8 For program support and cross-cutting activities that 9 supplement activities funded under the headings ‘‘Mental 10 Health’’, ‘‘Substance Abuse Treatment’’, and ‘‘Substance 11 Abuse Prevention’’ in carrying out titles III, V, and XIX 12 of the PHS Act and the Protection and Advocacy for Indi13 viduals with Mental Illness Act in the Substance Abuse 14 and Mental Health Services Administration, 15 $174,878,000: Provided, That in addition to amounts pro16 vided herein, $31,428,000 shall be available under section 17 241 of the PHS Act to supplement funds available to 18 carry out national surveys on drug abuse and mental 19 health, to collect and analyze program data, and to con20 duct public awareness and technical assistance activities: 21 Provided further, That, in addition, fees may be collected 22 for the costs of publications, data, data tabulations, and 23 data analysis completed under title V of the PHS Act and 24 provided to a public or private entity upon request, which 25 shall be credited to this appropriation and shall remain December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 911 1 available until expended for such purposes: Provided fur2 ther, That amounts made available in this Act for carrying 3 out section 501(m) of the PHS Act shall remain available 4 through September 30, 2017: Provided further, That funds 5 made available under this heading may be used to supple6 ment program support funding provided under the head7 ings ‘‘Mental Health’’, ‘‘Substance Abuse Treatment’’, 8 and ‘‘Substance Abuse Prevention’’. 9 AGENCY 10 FOR HEALTHCARE RESEARCH AND QUALITY HEALTHCARE RESEARCH AND QUALITY 11 For carrying out titles III and IX of the PHS Act, 12 part A of title XI of the Social Security Act, and section 13 1013 of the Medicare Prescription Drug, Improvement, 14 and Modernization Act of 2003, $334,000,000: Provided, 15 That section 947(c) of the PHS Act shall not apply in 16 fiscal year 2016: Provided further, That in addition, 17 amounts received from Freedom of Information Act fees, 18 reimbursable and interagency agreements, and the sale of 19 data shall be credited to this appropriation and shall re20 main available until September 30, 2017. 21 CENTERS 22 23 FOR MEDICARE AND MEDICAID SERVICES GRANTS TO STATES FOR MEDICAID For carrying out, except as otherwise provided, titles 24 XI and XIX of the Social Security Act, $243,545,410,000, 25 to remain available until expended. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 912 1 For making, after May 31, 2016, payments to States 2 under title XIX or in the case of section 1928 on behalf 3 of States under title XIX of the Social Security Act for 4 the last quarter of fiscal year 2016 for unanticipated costs 5 incurred for the current fiscal year, such sums as may be 6 necessary. 7 For making payments to States or in the case of sec- 8 tion 1928 on behalf of States under title XIX of the Social 9 Security Act for the first quarter of fiscal year 2017, 10 $115,582,502,000, to remain available until expended. 11 Payment under such title XIX may be made for any 12 quarter with respect to a State plan or plan amendment 13 in effect during such quarter, if submitted in or prior to 14 such quarter and approved in that or any subsequent 15 quarter. 16 17 PAYMENTS TO HEALTH CARE TRUST FUNDS For payment to the Federal Hospital Insurance 18 Trust Fund and the Federal Supplementary Medical In19 surance Trust Fund, as provided under sections 217(g), 20 1844, and 1860D–16 of the Social Security Act, sections 21 103(c) and 111(d) of the Social Security Amendments of 22 1965, section 278(d)(3) of Public Law 97–248, and for 23 administrative expenses incurred pursuant to section 24 201(g) of the Social Security Act, $283,171,800,000. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 913 1 In addition, for making matching payments under 2 section 1844 and benefit payments under section 1860D– 3 16 of the Social Security Act that were not anticipated 4 in budget estimates, such sums as may be necessary. 5 6 PROGRAM MANAGEMENT For carrying out, except as otherwise provided, titles 7 XI, XVIII, XIX, and XXI of the Social Security Act, titles 8 XIII and XXVII of the PHS Act, the Clinical Laboratory 9 Improvement Amendments of 1988, and other responsibil10 ities of the Centers for Medicare and Medicaid Services, 11 not to exceed $3,669,744,000, to be transferred from the 12 Federal Hospital Insurance Trust Fund and the Federal 13 Supplementary Medical Insurance Trust Fund, as author14 ized by section 201(g) of the Social Security Act; together 15 with all funds collected in accordance with section 353 of 16 the PHS Act and section 1857(e)(2) of the Social Security 17 Act, funds retained by the Secretary pursuant to section 18 302 of the Tax Relief and Health Care Act of 2006; and 19 such sums as may be collected from authorized user fees 20 and the sale of data, which shall be credited to this ac21 count and remain available until September 30, 2021: Pro22 vided, That all funds derived in accordance with 31 U.S.C. 23 9701 from organizations established under title XIII of 24 the PHS Act shall be credited to and available for carrying 25 out the purposes of this appropriation: Provided further, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 914 1 That the Secretary is directed to collect fees in fiscal year 2 2016 from Medicare Advantage organizations pursuant to 3 section 1857(e)(2) of the Social Security Act and from eli4 gible organizations with risk-sharing contracts under sec5 tion 1876 of that Act pursuant to section 1876(k)(4)(D) 6 of that Act. 7 HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT 8 In addition to amounts otherwise available for pro- 9 gram integrity and program management, $681,000,000, 10 to remain available through September 30, 2017, to be 11 transferred from the Federal Hospital Insurance Trust 12 Fund and the Federal Supplementary Medical Insurance 13 Trust Fund, as authorized by section 201(g) of the Social 14 Security Act, of which $486,120,000 shall be for the Medi15 care Integrity Program at the Centers for Medicare and 16 Medicaid Services, including administrative costs, to con17 duct oversight activities for Medicare Advantage under 18 Part C and the Medicare Prescription Drug Program 19 under Part D of the Social Security Act and for activities 20 described in section 1893(b) of such Act, of which 21 $67,200,000 shall be for the Department of Health and 22 Human Services Office of Inspector General to carry out 23 fraud and abuse activities authorized by section 24 1817(k)(3) of such Act, of which $67,200,000 shall be for 25 the Medicaid and Children’s Health Insurance Program December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 915 1 (‘‘CHIP’’) program integrity activities, and of which 2 $60,480,000 shall be for the Department of Justice to 3 carry out fraud and abuse activities authorized by section 4 1817(k)(3) of such Act: Provided, That the report re5 quired by section 1817(k)(5) of the Social Security Act 6 for fiscal year 2016 shall include measures of the oper7 ational efficiency and impact on fraud, waste, and abuse 8 in the Medicare, Medicaid, and CHIP programs for the 9 funds provided by this appropriation: Provided further, 10 That of the amount provided under this heading, 11 $311,000,000 is provided to meet the terms of section 12 251(b)(2)(C)(ii) of the Balanced Budget and Emergency 13 Deficit Control Act of 1985, as amended, and 14 $370,000,000 is additional new budget authority specified 15 for purposes of section 251(b)(2)(C) of such Act: Provided 16 further, That the Secretary shall support the full cost of 17 the Senior Medicare Patrol program to combat health care 18 fraud and abuse from the funds provided to this account. 19 ADMINISTRATION FOR CHILDREN AND FAMILIES 20 PAYMENTS TO STATES FOR CHILD SUPPORT 21 ENFORCEMENT AND FAMILY SUPPORT PROGRAMS 22 For carrying out, except as otherwise provided, titles 23 I, IV–D, X, XI, XIV, and XVI of the Social Security Act 24 and the Act of July 5, 1960, $2,944,906,000, to remain 25 available until expended; and for such purposes for the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 916 1 first quarter of fiscal year 2017, $1,300,000,000, to re2 main available until expended. 3 For carrying out, after May 31 of the current fiscal 4 year, except as otherwise provided, titles I, IV–D, X, XI, 5 XIV, and XVI of the Social Security Act and the Act of 6 July 5, 1960, for the last 3 months of the current fiscal 7 year for unanticipated costs, incurred for the current fiscal 8 year, such sums as may be necessary. 9 10 LOW INCOME HOME ENERGY ASSISTANCE For making payments under subsections (b) and (d) 11 of section 2602 of the Low Income Home Energy Assist12 ance Act of 1981, $3,390,304,000: Provided, That all but 13 $491,000,000 of this amount shall be allocated as though 14 the total appropriation for such payments for fiscal year 15 2016 was less than $1,975,000,000: Provided further, 16 That notwithstanding section 2609A(a), of the amounts 17 appropriated under section 2602(b), not more than 18 $2,988,000 of such amounts may be reserved by the Sec19 retary for technical assistance, training, and monitoring 20 of program activities for compliance with internal controls, 21 policies and procedures and may, in addition to the au22 thorities provided in section 2609A(a)(1), use such funds 23 through contracts with private entities that do not qualify 24 as nonprofit organizations. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 917 1 2 REFUGEE AND ENTRANT ASSISTANCE For necessary expenses for refugee and entrant as- 3 sistance activities authorized by section 414 of the Immi4 gration and Nationality Act and section 501 of the Ref5 ugee Education Assistance Act of 1980, and for carrying 6 out section 462 of the Homeland Security Act of 2002, 7 section 235 of the William Wilberforce Trafficking Victims 8 Protection Reauthorization Act of 2008, the Trafficking 9 Victims Protection Act of 2000 (‘‘TVPA’’), section 203 10 of the Trafficking Victims Protection Reauthorization Act 11 of 2005, and the Torture Victims Relief Act of 1998, 12 $1,674,691,000, of which $1,645,201,000 shall remain 13 available through September 30, 2018 for carrying out 14 such sections 414, 501, 462, and 235: Provided, That 15 amounts available under this heading to carry out such 16 section 203 and the TVPA shall also be available for re17 search and evaluation with respect to activities under 18 those authorities: Provided further, That the limitation in 19 section 205 of this Act regarding transfers increasing any 20 appropriation shall apply to transfers to appropriations 21 under this heading by substituting ‘‘10 percent’’ for ‘‘3 22 percent’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 918 1 PAYMENTS TO STATES FOR THE CHILD CARE AND 2 DEVELOPMENT BLOCK GRANT 3 For carrying out the Child Care and Development 4 Block Grant Act of 2014 (‘‘CCDBG Act’’), 5 $2,761,000,000 shall be used to supplement, not supplant 6 State general revenue funds for child care assistance for 7 low-income families: Provided, That, in addition to the 8 amounts required to be reserved by the States under sec9 tion 658G of the CCDBG Act, $127,206,000 shall be for 10 activities that improve the quality of infant and toddler 11 care: Provided further, That technical assistance under 12 section 658I(a)(3) of such Act may be provided directly, 13 or through the use of contracts, grants, cooperative agree14 ments, or interagency agreements: Provided further, That 15 all funds made available to carry out section 418 of the 16 Social Security Act (42 U.S.C. 618), including funds ap17 propriated for that purpose in such section 418 or any 18 other provision of law, shall be subject to the reservation 19 of funds authority in paragraphs (4) and (5) of section 20 658O(a) of the CCDBG Act. 21 22 SOCIAL SERVICES BLOCK GRANT For making grants to States pursuant to section 23 2002 of the Social Security Act, $1,700,000,000: Pro24 vided, That notwithstanding subparagraph (B) of section 25 404(d)(2) of such Act, the applicable percent specified December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 919 1 under such subparagraph for a State to carry out State 2 programs pursuant to title XX–A of such Act shall be 10 3 percent. 4 5 CHILDREN AND FAMILIES SERVICES PROGRAMS For carrying out, except as otherwise provided, the 6 Runaway and Homeless Youth Act, the Head Start Act, 7 the Child Abuse Prevention and Treatment Act, sections 8 303 and 313 of the Family Violence Prevention and Serv9 ices Act, the Native American Programs Act of 1974, title 10 II of the Child Abuse Prevention and Treatment and 11 Adoption Reform Act of 1978 (adoption opportunities), 12 part B–1 of title IV and sections 429, 473A, 477(i), 1110, 13 1114A, and 1115 of the Social Security Act; for making 14 payments under the Community Services Block Grant Act 15 (‘‘CSBG Act’’), and the Assets for Independence Act; for 16 necessary administrative expenses to carry out titles I, IV, 17 V, X, XI, XIV, XVI, and XX–A of the Social Security 18 Act, the Act of July 5, 1960, the Low Income Home En19 ergy Assistance Act of 1981, title IV of the Immigration 20 and Nationality Act, and section 501 of the Refugee Edu21 cation Assistance Act of 1980; and for the administration 22 of prior year obligations made by the Administration for 23 Children and Families under the Developmental Disabil24 ities Assistance and Bill of Rights Act and the Help Amer25 ica Vote Act of 2002, $10,984,268,000, of which December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 920 1 $37,943,000, to remain available through September 30, 2 2017, shall be for grants to States for adoption and legal 3 guardianship incentive payments, as defined by section 4 473A of the Social Security Act and may be made for 5 adoptions completed before September 30, 2016: Provided, 6 That $9,168,095,000 shall be for making payments under 7 the Head Start Act: Provided further, That of the amount 8 in the previous proviso, $8,214,095,000 shall be available 9 for payments under section 640 of the Head Start Act, 10 of which $141,000,000 shall be available for a cost of liv11 ing adjustment notwithstanding section 640(a)(3)(A) of 12 such Act: Provided further, That notwithstanding such 13 section 640, of the amount in the second preceding pro14 viso, $294,000,000 (of which up to one percent may be 15 reserved for research and evaluation) shall be available 16 through December 31, 2016 for award by the Secretary 17 to grantees that apply for supplemental funding to in18 crease their hours of program operations and for training 19 and technical assistance for such activities: Provided fur20 ther, That of the amount provided for making payments 21 under the Head Start Act, $25,000,000 shall be available 22 for allocation by the Secretary to supplement activities de23 scribed in paragraphs (7)(B) and (9) of section 641(c) of 24 such Act under the Designation Renewal System, estab25 lished December 16, 2015 (1:04 a.m.) under the authority of sections 641(c)(7), U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 921 1 645A(b)(12) and 645A(d) of such Act: Provided further, 2 That notwithstanding such section 640, of the amount 3 provided for making payments under the Head Start Act, 4 and in addition to funds otherwise available under such 5 section 640 for such purposes, $635,000,000 shall be 6 available through March 31, 2017 for Early Head Start 7 programs as described in section 645A of such Act, for 8 conversion of Head Start services to Early Head Start 9 services as described in section 645(a)(5)(A) of such Act, 10 for discretionary grants for high quality infant and toddler 11 care through Early Head Start-Child Care Partnerships, 12 to entities defined as eligible under section 645A(d) of 13 such Act, for training and technical assistance for such 14 activities, and for up to $14,000,000 in Federal costs of 15 administration and evaluation, and, notwithstanding sec16 tion 645A(c)(2) of such Act, these funds are available to 17 serve children under age 4: Provided further, That funds 18 described in the preceding two provisos shall not be in19 cluded in the calculation of ‘‘base grant’’ in subsequent 20 fiscal years, as such term is used in section 640(a)(7)(A) 21 of such Act: Provided further, That $751,383,000 shall be 22 for making payments under the CSBG Act: Provided fur23 ther, That $36,733,000 shall be for sections 680 and 24 678E(b)(2) of the CSBG Act, of which not less than 25 $29,883,000 shall be for section 680(a)(2) and not less December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 922 1 than $6,500,000 shall be for section 680(a)(3)(B) of such 2 Act: Provided further, That to the extent Community Serv3 ices Block Grant funds are distributed as grant funds by 4 a State to an eligible entity as provided under the CSBG 5 Act, and have not been expended by such entity, they shall 6 remain with such entity for carryover into the next fiscal 7 year for expenditure by such entity consistent with pro8 gram purposes: Provided further, That the Secretary shall 9 establish procedures regarding the disposition of intan10 gible assets and program income that permit such assets 11 acquired with, and program income derived from, grant 12 funds authorized under section 680 of the CSBG Act to 13 become the sole property of such grantees after a period 14 of not more than 12 years after the end of the grant pe15 riod for any activity consistent with section 680(a)(2)(A) 16 of the CSBG Act: Provided further, That intangible assets 17 in the form of loans, equity investments and other debt 18 instruments, and program income may be used by grant19 ees for any eligible purpose consistent with section 20 680(a)(2)(A) of the CSBG Act: Provided further, That 21 these procedures shall apply to such grant funds made 22 available after November 29, 1999: Provided further, That 23 funds appropriated for section 680(a)(2) of the CSBG Act 24 shall be available for financing construction and rehabili25 tation and loans or investments in private business enter- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 923 1 prises owned by community development corporations: 2 Provided further, That the Secretary shall issue perform3 ance standards for nonprofit organizations receiving funds 4 from State and territorial grantees under the CSBG Act, 5 and such States and territories shall assure the implemen6 tation of such standards prior to September 30, 2016, and 7 include information on such implementation in the report 8 required by section 678E(2) of such Act: Provided further, 9 That, to the extent funds for the Assets for Independence 10 (AFI) Act provided in this Act are distributed as grant 11 funds to a qualified entity and have not been expended 12 by such entity within 3 years after the date of the award, 13 such funds may be recaptured and, during the fiscal year 14 of such recapture, reallocated among other qualified enti15 ties, to remain available to such entities for 5 years: Pro16 vided further, That $1,864,000 shall be for a human serv17 ices case management system for federally declared disas18 ters, to include a comprehensive national case manage19 ment contract and Federal costs of administering the sys20 tem: Provided further, That up to $2,000,000 shall be for 21 improving the Public Assistance Reporting Information 22 System, including grants to States to support data collec23 tion for a study of the system’s effectiveness. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 924 1 2 PROMOTING SAFE AND STABLE FAMILIES For carrying out, except as otherwise provided, sec- 3 tion 436 of the Social Security Act, $345,000,000 and, 4 for carrying out, except as otherwise provided, section 437 5 of such Act, $59,765,000. 6 PAYMENTS FOR FOSTER CARE AND PERMANENCY 7 For carrying out, except as otherwise provided, title 8 IV–E of the Social Security Act, $5,298,000,000. 9 For carrying out, except as otherwise provided, title 10 IV–E of the Social Security Act, for the first quarter of 11 fiscal year 2017, $2,300,000,000. 12 For carrying out, after May 31 of the current fiscal 13 year, except as otherwise provided, section 474 of title IV– 14 E of the Social Security Act, for the last 3 months of the 15 current fiscal year for unanticipated costs, incurred for the 16 current fiscal year, such sums as may be necessary. 17 ADMINISTRATION FOR COMMUNITY LIVING 18 AGING AND DISABILITY SERVICES PROGRAMS 19 (INCLUDING TRANSFER OF FUNDS) 20 For carrying out, to the extent not otherwise pro- 21 vided, the Older Americans Act of 1965 (‘‘OAA’’), titles 22 III and XXIX of the PHS Act, sections 1252 and 1253 23 of the PHS Act, section 119 of the Medicare Improve24 ments for Patients and Providers Act of 2008, title XX– 25 B of the Social Security Act, the Developmental Disabil- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 925 1 ities Assistance and Bill of Rights Act, parts 2 and 5 of 2 subtitle D of title II of the Help America Vote Act of 3 2002, the Assistive Technology Act of 1998, titles II and 4 VII (and section 14 with respect to such titles) of the Re5 habilitation Act of 1973 , and for Department-wide coordi6 nation of policy and program activities that assist individ7 uals with disabilities, $1,912,735,000, together with 8 $52,115,000 to be transferred from the Federal Hospital 9 Insurance Trust Fund and the Federal Supplementary 10 Medical Insurance Trust Fund to carry out section 4360 11 of the Omnibus Budget Reconciliation Act of 1990: Pro12 vided, That amounts appropriated under this heading may 13 be used for grants to States under section 361 of the OAA 14 only for disease prevention and health promotion pro15 grams and activities which have been demonstrated 16 through rigorous evaluation to be evidence-based and ef17 fective: Provided further, That notwithstanding any other 18 provision of this Act, funds made available under this 19 heading to carry out section 311 of the OAA may be trans20 ferred to the Secretary of Agriculture in accordance with 21 such section: Provided further, That $2,000,000 shall be 22 for competitive grants to support alternative financing 23 programs that provide for the purchase of assistive tech24 nology devices, such as a low-interest loan fund; an inter25 est buy-down program; a revolving loan fund; a loan guar- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 926 1 antee; or an insurance program: Provided further, That 2 applicants shall provide an assurance that, and informa3 tion describing the manner in which, the alternative fi4 nancing program will expand and emphasize consumer 5 choice and control: Provided further, That State agencies 6 and community-based disability organizations that are di7 rected by and operated for individuals with disabilities 8 shall be eligible to compete: Provided further, That in addi9 tion, the unobligated balance of amounts previously made 10 available for the Health Resources and Services Adminis11 tration to carry out functions under sections 1252 and 12 1253 of the PHS Act shall be transferred to this account, 13 except for such sums as may be necessary to provide for 14 an orderly transition of such functions to the Administra15 tion for Community Living: Provided further, That none 16 of the funds made available under this heading may be 17 used by an eligible system (as defined in section 102 of 18 the Protection and Advocacy for Individuals with Mental 19 Illness Act (42 U.S.C. 10802)) to continue to pursue any 20 legal action in a Federal or State court on behalf of an 21 individual or group of individuals with a developmental 22 disability (as defined in section 102(8)(A) of the Develop23 mental Disabilities and Assistance and Bill of Rights Act 24 of 2000 (20 U.S.C. 15002(8)(A)) that is attributable to 25 a mental impairment (or a combination of mental and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 927 1 physical impairments), that has as the requested remedy 2 the closure of State operated intermediate care facilities 3 for people with intellectual or developmental disabilities, 4 unless reasonable public notice of the action has been pro5 vided to such individuals (or, in the case of mental inca6 pacitation, the legal guardians who have been specifically 7 awarded authority by the courts to make healthcare and 8 residential decisions on behalf of such individuals) who are 9 affected by such action, within 90 days of instituting such 10 legal action, which informs such individuals (or such legal 11 guardians) of their legal rights and how to exercise such 12 rights consistent with current Federal Rules of Civil Pro13 cedure: Provided further, That the limitations in the imme14 diately preceding proviso shall not apply in the case of an 15 individual who is neither competent to consent nor has a 16 legal guardian, nor shall the proviso apply in the case of 17 individuals who are a ward of the State or subject to pub18 lic guardianship. 19 20 21 OFFICE OF THE SECRETARY GENERAL DEPARTMENTAL MANAGEMENT For necessary expenses, not otherwise provided, for 22 general departmental management, including hire of six 23 passenger motor vehicles, and for carrying out titles III, 24 XVII, XXI, and section 229 of the PHS Act, the United 25 States-Mexico Border Health Commission Act, and re- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 928 1 search studies under section 1110 of the Social Security 2 Act, $456,009,000, together with $64,828,000 from the 3 amounts available under section 241 of the PHS Act to 4 carry out national health or human services research and 5 evaluation activities: Provided, That of this amount, 6 $53,900,000 shall be for minority AIDS prevention and 7 treatment activities: Provided further, That of the funds 8 made available under this heading, $101,000,000 shall be 9 for making competitive contracts and grants to public and 10 private entities to fund medically accurate and age appro11 priate programs that reduce teen pregnancy and for the 12 Federal costs associated with administering and evalu13 ating such contracts and grants, of which not more than 14 10 percent of the available funds shall be for training and 15 technical assistance, evaluation, outreach, and additional 16 program support activities, and of the remaining amount 17 75 percent shall be for replicating programs that have 18 been proven effective through rigorous evaluation to re19 duce teenage pregnancy, behavioral risk factors underlying 20 teenage pregnancy, or other associated risk factors, and 21 25 percent shall be available for research and demonstra22 tion grants to develop, replicate, refine, and test additional 23 models and innovative strategies for preventing teenage 24 pregnancy: Provided further, That of the amounts pro25 vided under this heading from amounts available under December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 929 1 section 241 of the PHS Act, $6,800,000 shall be available 2 to carry out evaluations (including longitudinal evalua3 tions) of teenage pregnancy prevention approaches: Pro4 vided further, That of the funds made available under this 5 heading, $10,000,000 shall be for making competitive 6 grants which exclusively implement education in sexual 7 risk avoidance (defined as voluntarily refraining from non8 marital sexual activity): Provided further, That funding for 9 such competitive grants for sexual risk avoidance shall use 10 medically accurate information referenced to peer-re11 viewed publications by educational, scientific, govern12 mental, or health organizations; implement an evidence13 based approach integrating research findings with prac14 tical implementation that aligns with the needs and de15 sired outcomes for the intended audience; and teach the 16 benefits associated with self-regulation, success sequenc17 ing for poverty prevention, healthy relationships, goal set18 ting, and resisting sexual coercion, dating violence, and 19 other youth risk behaviors such as underage drinking or 20 illicit drug use without normalizing teen sexual activity: 21 Provided further, That no more than 10 percent of the 22 funding for such competitive grants for sexual risk avoid23 ance shall be available for technical assistance and admin24 istrative costs of such programs: Provided further, That 25 funds provided in this Act for embryo adoption activities December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 930 1 may be used to provide to individuals adopting embryos, 2 through grants and other mechanisms, medical and ad3 ministrative services deemed necessary for such adoptions: 4 Provided further, That such services shall be provided con5 sistent with 42 CFR 59.5(a)(4). 6 OFFICE OF MEDICARE HEARINGS AND APPEALS 7 For expenses necessary for the Office of Medicare 8 Hearings and Appeals, $107,381,000, to be transferred in 9 appropriate part from the Federal Hospital Insurance 10 Trust Fund and the Federal Supplementary Medical In11 surance Trust Fund. 12 OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH 13 INFORMATION TECHNOLOGY 14 For expenses necessary for the Office of the National 15 Coordinator for Health Information Technology, including 16 grants, contracts, and cooperative agreements for the de17 velopment and advancement of interoperable health infor18 mation technology, $60,367,000. 19 20 OFFICE OF INSPECTOR GENERAL For expenses necessary for the Office of Inspector 21 General, including the hire of passenger motor vehicles for 22 investigations, in carrying out the provisions of the Inspec23 tor General Act of 1978, $75,000,000: Provided, That of 24 such amount, necessary sums shall be available for pro25 viding protective services to the Secretary and inves- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 931 1 tigating non-payment of child support cases for which non2 payment is a Federal offense under 18 U.S.C. 228. 3 OFFICE FOR CIVIL RIGHTS 4 For expenses necessary for the Office for Civil 5 Rights, $38,798,000. 6 RETIREMENT PAY AND MEDICAL BENEFITS FOR 7 COMMISSIONED OFFICERS 8 For retirement pay and medical benefits of Public 9 Health Service Commissioned Officers as authorized by 10 law, for payments under the Retired Serviceman’s Family 11 Protection Plan and Survivor Benefit Plan, and for med12 ical care of dependents and retired personnel under the 13 Dependents’ Medical Care Act, such amounts as may be 14 required during the current fiscal year. 15 PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY 16 FUND 17 For expenses necessary to support activities related 18 to countering potential biological, nuclear, radiological, 19 chemical, and cybersecurity threats to civilian populations, 20 and for other public health emergencies, $950,958,000, of 21 which $511,700,000 shall remain available through Sep22 tember 30, 2017, for expenses necessary to support ad23 vanced research and development pursuant to section 24 319L of the PHS Act and other administrative expenses 25 of the Biomedical Advanced Research and Development December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 932 1 Authority: Provided, That funds provided under this head2 ing for the purpose of acquisition of security counter3 measures shall be in addition to any other funds available 4 for such purpose: Provided further, That products pur5 chased with funds provided under this heading may, at 6 the discretion of the Secretary, be deposited in the Stra7 tegic National Stockpile pursuant to section 319F–2 of 8 the PHS Act: Provided further, That $5,000,000 of the 9 amounts made available to support emergency operations 10 shall remain available through September 30, 2018. 11 For expenses necessary for procuring security coun- 12 termeasures (as defined in section 319F–2(c)(1)(B) of the 13 PHS Act), $510,000,000, to remain available until ex14 pended. 15 For an additional amount for expenses necessary to 16 prepare for or respond to an influenza pandemic, 17 $72,000,000; of which $40,000,000 shall be available until 18 expended, for activities including the development and 19 purchase of vaccine, antivirals, necessary medical supplies, 20 diagnostics, and other surveillance tools: Provided, That 21 notwithstanding section 496(b) of the PHS Act, funds 22 may be used for the construction or renovation of privately 23 owned facilities for the production of pandemic influenza 24 vaccines and other biologics, if the Secretary finds such December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 933 1 construction or renovation necessary to secure sufficient 2 supplies of such vaccines or biologics. 3 4 GENERAL PROVISIONS SEC. 201. Funds appropriated in this title shall be 5 available for not to exceed $50,000 for official reception 6 and representation expenses when specifically approved by 7 the Secretary. 8 SEC. 202. None of the funds appropriated in this title 9 shall be used to pay the salary of an individual, through 10 a grant or other extramural mechanism, at a rate in excess 11 of Executive Level II. 12 SEC. 203. None of the funds appropriated in this Act 13 may be expended pursuant to section 241 of the PHS Act, 14 except for funds specifically provided for in this Act, or 15 for other taps and assessments made by any office located 16 in HHS, prior to the preparation and submission of a re17 port by the Secretary to the Committees on Appropria18 tions of the House of Representatives and the Senate de19 tailing the planned uses of such funds. 20 SEC. 204. Notwithstanding section 241(a) of the 21 PHS Act, such portion as the Secretary shall determine, 22 but not more than 2.5 percent, of any amounts appro23 priated for programs authorized under such Act shall be 24 made available for the evaluation (directly, or by grants December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 934 1 or contracts) and the implementation and effectiveness of 2 programs funded in this title. 3 4 (TRANSFER OF FUNDS) SEC. 205. Not to exceed 1 percent of any discre- 5 tionary funds (pursuant to the Balanced Budget and 6 Emergency Deficit Control Act of 1985) which are appro7 priated for the current fiscal year for HHS in this Act 8 may be transferred between appropriations, but no such 9 appropriation shall be increased by more than 3 percent 10 by any such transfer: Provided, That the transfer author11 ity granted by this section shall not be used to create any 12 new program or to fund any project or activity for which 13 no funds are provided in this Act: Provided further, That 14 the Committees on Appropriations of the House of Rep15 resentatives and the Senate are notified at least 15 days 16 in advance of any transfer. 17 SEC. 206. In lieu of the timeframe specified in section 18 338E(c)(2) of the PHS Act, terminations described in 19 such section may occur up to 60 days after the execution 20 of a contract awarded in fiscal year 2016 under section 21 338B of such Act. 22 SEC. 207. None of the funds appropriated in this Act 23 may be made available to any entity under title X of the 24 PHS Act unless the applicant for the award certifies to 25 the Secretary that it encourages family participation in December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 935 1 the decision of minors to seek family planning services and 2 that it provides counseling to minors on how to resist at3 tempts to coerce minors into engaging in sexual activities. 4 SEC. 208. Notwithstanding any other provision of 5 law, no provider of services under title X of the PHS Act 6 shall be exempt from any State law requiring notification 7 or the reporting of child abuse, child molestation, sexual 8 abuse, rape, or incest. 9 SEC. 209. None of the funds appropriated by this Act 10 (including funds appropriated to any trust fund) may be 11 used to carry out the Medicare Advantage program if the 12 Secretary denies participation in such program to an oth13 erwise eligible entity (including a Provider Sponsored Or14 ganization) because the entity informs the Secretary that 15 it will not provide, pay for, provide coverage of, or provide 16 referrals for abortions: Provided, That the Secretary shall 17 make appropriate prospective adjustments to the capita18 tion payment to such an entity (based on an actuarially 19 sound estimate of the expected costs of providing the serv20 ice to such entity’s enrollees): Provided further, That noth21 ing in this section shall be construed to change the Medi22 care program’s coverage for such services and a Medicare 23 Advantage organization described in this section shall be 24 responsible for informing enrollees where to obtain infor25 mation about all Medicare covered services. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 936 1 SEC. 210. None of the funds made available in this 2 title may be used, in whole or in part, to advocate or pro3 mote gun control. 4 SEC. 211. The Secretary shall make available through 5 assignment not more than 60 employees of the Public 6 Health Service to assist in child survival activities and to 7 work in AIDS programs through and with funds provided 8 by the Agency for International Development, the United 9 Nations International Children’s Emergency Fund or the 10 World Health Organization. 11 SEC. 212. In order for HHS to carry out inter- 12 national health activities, including HIV/AIDS and other 13 infectious disease, chronic and environmental disease, and 14 other health activities abroad during fiscal year 2016: 15 (1) The Secretary may exercise authority equiv- 16 alent to that available to the Secretary of State in 17 section 2(c) of the State Department Basic Authori- 18 ties Act of 1956. The Secretary shall consult with 19 the Secretary of State and relevant Chief of Mission 20 to ensure that the authority provided in this section 21 is exercised in a manner consistent with section 207 22 of the Foreign Service Act of 1980 and other appli- 23 cable statutes administered by the Department of 24 State. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 937 1 (2) The Secretary is authorized to provide such 2 funds by advance or reimbursement to the Secretary 3 of State as may be necessary to pay the costs of ac- 4 quisition, lease, alteration, renovation, and manage- 5 ment of facilities outside of the United States for 6 the use of HHS. The Department of State shall co- 7 operate fully with the Secretary to ensure that HHS 8 has secure, safe, functional facilities that comply 9 with applicable regulation governing location, set- 10 back, and other facilities requirements and serve the 11 purposes established by this Act. The Secretary is 12 authorized, in consultation with the Secretary of 13 State, through grant or cooperative agreement, to 14 make available to public or nonprofit private institu- 15 tions or agencies in participating foreign countries, 16 funds to acquire, lease, alter, or renovate facilities in 17 those countries as necessary to conduct programs of 18 assistance for international health activities, includ- 19 ing activities relating to HIV/AIDS and other infec- 20 tious diseases, chronic and environmental diseases, 21 and other health activities abroad. 22 (3) The Secretary is authorized to provide to 23 personnel appointed or assigned by the Secretary to 24 serve abroad, allowances and benefits similar to 25 those provided under chapter 9 of title I of the For- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 938 1 eign Service Act of 1980, and 22 U.S.C. 4081 2 through 4086 and subject to such regulations pre- 3 scribed by the Secretary. The Secretary is further 4 authorized to provide locality-based comparability 5 payments (stated as a percentage) up to the amount 6 of the locality-based comparability payment (stated 7 as a percentage) that would be payable to such per- 8 sonnel under section 5304 of title 5, United States 9 Code if such personnel’s official duty station were in 10 the District of Columbia. Leaves of absence for per- 11 sonnel under this subsection shall be on the same 12 basis as that provided under subchapter I of chapter 13 63 of title 5, United States Code, or section 903 of 14 the Foreign Service Act of 1980, to individuals serv- 15 ing in the Foreign Service. 16 17 (TRANSFER OF FUNDS) SEC. 213. The Director of the NIH, jointly with the 18 Director of the Office of AIDS Research, may transfer up 19 to 3 percent among institutes and centers from the total 20 amounts identified by these two Directors as funding for 21 research pertaining to the human immunodeficiency virus: 22 Provided, That the Committees on Appropriations of the 23 House of Representatives and the Senate are notified at 24 least 15 days in advance of any transfer. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 939 1 2 (TRANSFER OF FUNDS) SEC. 214. Of the amounts made available in this Act 3 for NIH, the amount for research related to the human 4 immunodeficiency virus, as jointly determined by the Di5 rector of NIH and the Director of the Office of AIDS Re6 search, shall be made available to the ‘‘Office of AIDS 7 Research’’ account. The Director of the Office of AIDS 8 Research shall transfer from such account amounts nec9 essary to carry out section 2353(d)(3) of the PHS Act. 10 SEC. 215. (a) AUTHORITY.—Notwithstanding any 11 other provision of law, the Director of NIH (‘‘Director’’) 12 may use funds available under section 402(b)(7) or 13 402(b)(12) of the PHS Act to enter into transactions 14 (other than contracts, cooperative agreements, or grants) 15 to carry out research identified pursuant to such section 16 402(b)(7) (pertaining to the Common Fund) or research 17 and activities described in such section 402(b)(12). 18 (b) PEER REVIEW.—In entering into transactions 19 under subsection (a), the Director may utilize such peer 20 review procedures (including consultation with appropriate 21 scientific experts) as the Director determines to be appro22 priate to obtain assessments of scientific and technical 23 merit. Such procedures shall apply to such transactions 24 in lieu of the peer review and advisory council review pro25 cedures that would otherwise be required under sections December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 940 1 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, 2 and 494 of the PHS Act. 3 SEC. 216. Not to exceed $45,000,000 of funds appro- 4 priated by this Act to the institutes and centers of the 5 National Institutes of Health may be used for alteration, 6 repair, or improvement of facilities, as necessary for the 7 proper and efficient conduct of the activities authorized 8 herein, at not to exceed $3,500,000 per project. 9 10 (TRANSFER OF FUNDS) SEC. 217. Of the amounts made available for NIH, 11 1 percent of the amount made available for National Re12 search Service Awards (‘‘NRSA’’) shall be made available 13 to the Administrator of the Health Resources and Services 14 Administration to make NRSA awards for research in pri15 mary medical care to individuals affiliated with entities 16 who have received grants or contracts under sections 736, 17 739, or 747 of the PHS Act, and 1 percent of the amount 18 made available for NRSA shall be made available to the 19 Director of the Agency for Healthcare Research and Qual20 ity to make NRSA awards for health service research. 21 SEC. 218. In addition to amounts provided herein, 22 payments made for research organisms or substances, au23 thorized under section 301(a) of the PHS Act, shall be 24 retained and credited to the appropriations accounts of the 25 Institutes and Centers of the NIH making the substance December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 941 1 or organism available under section 301(a). Amounts cred2 ited to the account under this authority shall be available 3 for obligation through September 30, 2017. 4 SEC. 219. (a) The Biomedical Advanced Research 5 and Development Authority (‘‘BARDA’’) may enter into 6 a contract, for more than one but no more than 10 pro7 gram years, for purchase of research services or of security 8 countermeasures, as that term is defined in section 319F– 9 2(c)(1)(B) of the PHS Act (42 U.S.C. 247d–6b(c)(1)(B)), 10 if— 11 (1) funds are available and obligated— 12 (A) for the full period of the contract or 13 for the first fiscal year in which the contract is 14 in effect; and 15 (B) for the estimated costs associated with 16 a necessary termination of the contract; and 17 (2) the Secretary determines that a multi-year 18 contract will serve the best interests of the Federal 19 Government by encouraging full and open competi- 20 tion or promoting economy in administration, per- 21 formance, and operation of BARDA’s programs. 22 (b) A contract entered into under this section— 23 (1) shall include a termination clause as de- 24 scribed by subsection (c) of section 3903 of title 41, 25 United States Code; and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 942 1 (2) shall be subject to the congressional notice 2 requirement stated in subsection (d) of such section. 3 SEC. 220. (a) The Secretary shall establish a publicly 4 accessible Web site to provide information regarding the 5 uses of funds made available under section 4002 of the 6 Patient Protection and Affordable Care Act of 2010 7 (‘‘ACA’’). 8 (b) With respect to funds provided under section 9 4002 of the ACA, the Secretary shall include on the Web 10 site established under subsection (a) at a minimum the 11 following information: 12 (1) In the case of each transfer of funds under 13 section 4002(c), a statement indicating the program 14 or activity receiving funds, the operating division or 15 office that will administer the funds, and the 16 planned uses of the funds, to be posted not later 17 than the day after the transfer is made. 18 (2) Identification (along with a link to the full 19 text) of each funding opportunity announcement, re- 20 quest for proposals, or other announcement or solici- 21 tation of proposals for grants, cooperative agree- 22 ments, or contracts intended to be awarded using 23 such funds, to be posted not later than the day after 24 the announcement or solicitation is issued. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 943 1 (3) Identification of each grant, cooperative 2 agreement, or contract with a value of $25,000 or 3 more awarded using such funds, including the pur- 4 pose of the award and the identity of the recipient, 5 to be posted not later than 5 days after the award 6 is made. 7 (4) A report detailing the uses of all funds 8 transferred under section 4002(c) during the fiscal 9 year, to be posted not later than 90 days after the 10 end of the fiscal year. 11 (c) With respect to awards made in fiscal years 2013 12 through 2016, the Secretary shall also include on the Web 13 site established under subsection (a), semi-annual reports 14 from each entity awarded a grant, cooperative agreement, 15 or contract from such funds with a value of $25,000 or 16 more, summarizing the activities undertaken and identi17 fying any sub-grants or sub-contracts awarded (including 18 the purpose of the award and the identity of the recipient), 19 to be posted not later than 30 days after the end of each 20 6-month period. 21 (d) In carrying out this section, the Secretary shall— 22 (1) present the information required in sub- 23 section (b)(1) on a single webpage or on a single 24 database; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 944 1 (2) ensure that all information required in this 2 section is directly accessible from the single webpage 3 or database; and 4 (3) ensure that all information required in this 5 section is able to be organized by program or State. 6 7 (TRANSFER OF FUNDS) SEC. 221. (a) Within 45 days of enactment of this 8 Act, the Secretary shall transfer funds appropriated under 9 section 4002 of the ACA to the accounts specified, in the 10 amounts specified, and for the activities specified under 11 the heading ‘‘Prevention and Public Health Fund’’ in the 12 explanatory statement described in section 4 (in the mat13 ter preceding division A of this consolidated Act). 14 (b) Notwithstanding section 4002(c) of the ACA, the 15 Secretary may not further transfer these amounts. 16 (c) Funds transferred for activities authorized under 17 section 2821 of the PHS Act shall be made available with18 out reference to section 2821(b) of such Act. 19 SEC. 222. (a) The Secretary shall publish in the fiscal 20 year 2017 budget justification and on Departmental Web 21 sites information concerning the employment of full-time 22 equivalent Federal employees or contractors for the pur23 poses of implementing, administering, enforcing, or other24 wise carrying out the provisions of the ACA, and the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 945 1 amendments made by that Act, in the proposed fiscal year 2 and each fiscal year since the enactment of the ACA. 3 (b) With respect to employees or contractors sup- 4 ported by all funds appropriated for purposes of carrying 5 out the ACA (and the amendments made by that Act), 6 the Secretary shall include, at a minimum, the following 7 information: 8 (1) For each such fiscal year, the section of 9 such Act under which such funds were appropriated, 10 a statement indicating the program, project, or ac- 11 tivity receiving such funds, the Federal operating di- 12 vision or office that administers such program, and 13 the amount of funding received in discretionary or 14 mandatory appropriations. 15 (2) For each such fiscal year, the number of 16 full-time equivalent employees or contracted employ- 17 ees assigned to each authorized and funded provision 18 detailed in accordance with paragraph (1). 19 (c) In carrying out this section, the Secretary may 20 exclude from the report employees or contractors who— 21 (1) are supported through appropriations en- 22 acted in laws other than the ACA and work on pro- 23 grams that existed prior to the passage of the ACA; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 946 1 (2) spend less than 50 percent of their time on 2 activities funded by or newly authorized in the ACA; 3 or 4 (3) work on contracts for which FTE reporting 5 is not a requirement of their contract, such as fixed- 6 price contracts. 7 SEC. 223. The Secretary shall publish, as part of the 8 fiscal year 2017 budget of the President submitted under 9 section 1105(a) of title 31, United States Code, informa10 tion that details the uses of all funds used by the Centers 11 for Medicare and Medicaid Services specifically for Health 12 Insurance Exchanges for each fiscal year since the enact13 ment of the ACA and the proposed uses for such funds 14 for fiscal year 2017. Such information shall include, for 15 each such fiscal year, the amount of funds used for each 16 activity specified under the heading ‘‘Health Insurance 17 Exchange Transparency’’ in the explanatory statement de18 scribed in section 4 (in the matter preceding division A 19 of this consolidated Act). 20 SEC. 224. (a) The Secretary shall provide to the 21 Committees on Appropriations of the House of Represent22 atives and the Senate: 23 (1) Detailed monthly enrollment figures from 24 the Exchanges established under the Patient Protec- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 947 1 tion and Affordable Care Act of 2010 pertaining to 2 enrollments during the open enrollment period; and 3 (2) Notification of any new or competitive grant 4 awards, including supplements, authorized under 5 section 330 of the Public Health Service Act. 6 (b) The Committees on Appropriations of the House 7 and Senate must be notified at least 2 business days in 8 advance of any public release of enrollment information 9 or the award of such grants. 10 SEC. 225. None of the funds made available by this 11 Act from the Federal Hospital Insurance Trust Fund or 12 the Federal Supplemental Medical Insurance Trust Fund, 13 or transferred from other accounts funded by this Act to 14 the ‘‘Centers for Medicare and Medicaid Services—Pro15 gram Management’’ account, may be used for payments 16 under section 1342(b)(1) of Public Law 111–148 (relating 17 to risk corridors). 18 SEC. 226. In addition to the amounts otherwise avail- 19 able for ‘‘Centers for Medicare and Medicaid Services, 20 Program Management’’, the Secretary of Health and 21 Human Services may transfer up to $305,000,000 to such 22 account from the Federal Hospital Insurance Trust Fund 23 and the Federal Supplementary Medical Insurance Trust 24 Fund to support program management activity related to 25 the Medicare Program: Provided, That except for the fore- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 948 1 going purpose, such funds may not be used to support any 2 provision of Public Law 111–148 or Public Law 111–152 3 (or any amendment made by either such Public Law) or 4 to supplant any other amounts within such account. 5 6 (RESCISSION) SEC. 227. The following unobligated balances of 7 amounts appropriated prior to fiscal year 2007 for ‘‘De8 partment of Health and Human Services, Health Re9 sources and Services Administration’’ are hereby perma10 nently rescinded: 11 12 13 14 15 16 17 (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 Na- 18 tional Cord Blood Stem Cell Bank Program. 19 SEC. 228. The Secretary shall include in the fiscal 20 year 2017 budget justification an analysis of how section 21 2713 of the PHS Act will impact eligibility for discre22 tionary HHS programs. 23 SEC. 229. Effective during the period beginning on 24 November 1, 2015 and ending January 1, 2018, any pro25 vision of law that refers (including through cross-reference December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 949 1 to another provision of law) to the current recommenda2 tions of the United States Preventive Services Task Force 3 with respect to breast cancer screening, mammography, 4 and prevention shall be administered by the Secretary in5 volved as if— 6 (1) such reference to such current recommenda- 7 tions were a reference to the recommendations of 8 such Task Force with respect to breast cancer 9 screening, mammography, and prevention last issued 10 before 2009; and 11 (2) such recommendations last issued before 12 2009 applied to any screening mammography modal- 13 ity under section 1861(jj) of the Social Security Act 14 (42 U.S.C. 1395x(jj)). 15 16 (TRANSFER OF FUNDS) SEC. 230. (a) IN GENERAL.—Subject to the suc- 17 ceeding provisions of this section, activities authorized 18 under part A of title IV and section 1108(b) of the Social 19 Security Act shall continue through September 30, 2016, 20 in the manner authorized for fiscal year 2015, and out 21 of any money in the Treasury of the United States not 22 otherwise appropriated, there are hereby appropriated 23 such sums as may be necessary for such purpose. Grants 24 and payments may be made pursuant to this authority 25 through September 30, 2016 at the level provided for such December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 950 1 activities for fiscal year 2015, except as provided in sub2 section (b). 3 (b) CONTINGENCY FUND.—In the case of the Contin- 4 gency Fund for State Welfare Programs established under 5 section 403(b) of the Social Security Act— 6 (1) the amount appropriated for such section 7 403(b) shall be $608,000,000 for each of fiscal years 8 2016 and 2017, notwithstanding section 228(b)(1) 9 of the Department of Health and Human Services 10 Appropriations Act, 2015; 11 (2) the requirement to reserve funds provided 12 for in section 403(b)(2) of the Social Security Act 13 shall not apply during fiscal years 2016 and 2017; 14 and 15 (3) grants and payments may only be made 16 from such Fund for fiscal year 2016 after the appli- 17 cation of subsection (c). 18 (c) CENSUS RESEARCH AND WELFARE RESEARCH.— 19 Of the amount made available under subsection (b)(1) for 20 section 403(b) of the Social Security Act for fiscal year 21 2016— 22 (1) $15,000,000 is hereby transferred to the 23 Children’s Research and Technical Assistance ac- 24 count in the Administration for Children and Fami- 25 lies at the Department of Health and Human Serv- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 951 1 ices and made available to carry out section 413(h) 2 of the Social Security Act; and 3 (2) $10,000,000 is hereby transferred and 4 made available to the Bureau of the Census to con- 5 duct activities using the Survey of Income and Pro- 6 gram Participation to obtain information to enable 7 interested parties to evaluate the impact of the 8 amendments made by title I of the Personal Respon- 9 sibility and Work Opportunity Reconciliation Act of 10 1996. 11 SEC. 231. Section 1886(m)(6) of the Social Security 12 Act (42 U.S.C. 1395ww(m)(6)) is amended— 13 (1) in subparagraph (A)(i) by striking ‘‘sub- 14 paragraph (C)’’ and inserting ‘‘subparagraphs (C) 15 and (E)’’; and 16 17 18 (2) by adding at the end the following new subparagraph: ‘‘(E) TEMPORARY EXCEPTION FOR CER- 19 TAIN SEVERE WOUND DISCHARGES FROM CER- 20 TAIN LONG-TERM CARE HOSPITALS.— 21 ‘‘(i) IN GENERAL.—In the case of a 22 discharge occurring prior to January 1, 23 2017, subparagraph (A)(i) shall not apply 24 (and payment shall be made to a long-term December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 952 1 care hospital without regard to this para- 2 graph) if such discharge— 3 4 ‘‘(I) is from a long-term care hospital that is— 5 ‘‘(aa) identified by the 6 amendment 7 4417(a) of the Balanced Budget 8 Act of 1997 (42 U.S.C. 1395ww 9 note, Public Law 105–33); and 10 made by section ‘‘(bb) located in a rural area 11 (as 12 (d)(2)(D)) or treated as being so 13 located pursuant to subsection 14 (d)(8)(E); and 15 ‘‘(II) the individual discharged defined 16 has a severe wound. 17 ‘‘(ii) SEVERE in subsection WOUND DEFINED.—In 18 this subparagraph, the term ‘severe wound’ 19 means a stage 3 wound, stage 4 wound, 20 unstageable wound, non-healing surgical 21 wound, infected wound, fistula, osteomy- 22 elitis, or wound with morbid obesity, as 23 identified in the claim from the long-term 24 care hospital.’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 953 1 This title may be cited as the ‘‘Department of Health 2 and Human Services Appropriations Act, 2016’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 954 1 TITLE III 2 DEPARTMENT OF EDUCATION 3 4 EDUCATION FOR THE DISADVANTAGED For carrying out title I of the Elementary and Sec- 5 ondary Education Act of 1965 (referred to in this Act as 6 ‘‘ESEA’’) and section 418A of the Higher Education Act 7 of 1965 (referred to in this Act as ‘‘HEA’’), 8 $16,016,790,000, of which $5,127,006,000 shall become 9 available on July 1, 2016, and shall remain available 10 through September 30, 2017, and of which 11 $10,841,177,000 shall become available on October 1, 12 2016, and shall remain available through September 30, 13 2017, for academic year 2016–2017: Provided, That 14 $6,459,401,000 shall be for basic grants under section 15 1124 of the ESEA: Provided further, That up to 16 $3,984,000 of these funds shall be available to the Sec17 retary of Education (referred to in this title as ‘‘Sec18 retary’’) on October 1, 2015, to obtain annually updated 19 local educational agency-level census poverty data from 20 the Bureau of the Census: Provided further, That 21 $1,362,301,000 shall be for concentration grants under 22 section 1124A of the ESEA: Provided further, That 23 $3,544,050,000 shall be for targeted grants under section 24 1125 of the ESEA: Provided further, That 25 $3,544,050,000 shall be for education finance incentive December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 955 1 grants under section 1125A of the ESEA: Provided fur2 ther, That funds available under sections 1124, 1124A, 3 1125 and 1125A of the ESEA may be used to provide 4 homeless children and youths with services not ordinarily 5 provided to other students under those sections, including 6 supporting the liaison designated pursuant to section 7 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assist8 ance Act, and providing transportation pursuant to section 9 722(g)(1)(J)(iii) of such Act: Provided further, That 10 $450,000,000 shall be available for school improvement 11 grants under section 1003(g) of the ESEA, which shall 12 be allocated by the Secretary through the formula de13 scribed in section 1003(g)(2) and shall be used consistent 14 with the requirements of section 1003(g), except that 15 State and local educational agencies may use such funds 16 to serve any school eligible to receive assistance under part 17 A of title I that has not made adequate yearly progress 18 for at least 2 years or is in the State’s lowest quintile of 19 performance based on proficiency rates and, in the case 20 of secondary schools, priority shall be given to those 21 schools with graduation rates below 60 percent: Provided 22 further, That notwithstanding section 1003(g)(5)(C) of 23 the ESEA, the Secretary may permit a State educational 24 agency to establish an award period of up to 5 years for 25 each participating local educational agency: Provided fur- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 956 1 ther, That funds available for school improvement grants 2 for fiscal year 2014 and thereafter may be used by a local 3 educational agency to implement a whole-school reform 4 strategy for a school using an evidence-based strategy that 5 ensures whole-school reform is undertaken in partnership 6 with a strategy developer offering a whole-school reform 7 program that is based on at least a moderate level of evi8 dence that the program will have a statistically significant 9 effect on student outcomes, including at least one well10 designed and well-implemented experimental or quasi-ex11 perimental study: Provided further, That funds available 12 for school improvement grants may be used by a local edu13 cational agency to implement an alternative State-deter14 mined school improvement strategy that has been estab15 lished by a State educational agency with the approval of 16 the Secretary: Provided further, That a local educational 17 agency that is determined to be eligible for services under 18 subpart 1 or 2 of part B of title VI of the ESEA may 19 modify not more than one element of a school improve20 ment grant model: Provided further, That notwithstanding 21 section 1003(g)(5)(A), each State educational agency may 22 establish a maximum subgrant size of not more than 23 $2,000,000 for each participating school applicable to 24 such funds: Provided further, That the Secretary may re25 serve up to 5 percent of the funds available for section December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 957 1 1003(g) of the ESEA to carry out activities to build State 2 and local educational agency capacity to implement effec3 tively the school improvement grants program: Provided 4 further, That $190,000,000 shall be available under sec5 tion 1502 of the ESEA for a comprehensive literacy devel6 opment and education program to advance literacy skills, 7 including pre-literacy skills, reading, and writing, for stu8 dents from birth through grade 12, including limited9 English-proficient students and students with disabilities, 10 of which one-half of 1 percent shall be reserved for the 11 Secretary of the Interior for such a program at schools 12 funded by the Bureau of Indian Education, one-half of 13 1 percent shall be reserved for grants to the outlying areas 14 for such a program, up to 5 percent may be reserved for 15 national activities, and the remainder shall be used to 16 award competitive grants to State educational agencies for 17 such a program, of which a State educational agency may 18 reserve up to 5 percent for State leadership activities, in19 cluding technical assistance and training, data collection, 20 reporting, and administration, and shall subgrant not less 21 than 95 percent to local educational agencies or, in the 22 case of early literacy, to local educational agencies or other 23 nonprofit providers of early childhood education that part24 ner with a public or private nonprofit organization or 25 agency with a demonstrated record of effectiveness in im- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 958 1 proving the early literacy development of children from 2 birth through kindergarten entry and in providing profes3 sional development in early literacy, giving priority to such 4 agencies or other entities serving greater numbers or per5 centages of disadvantaged children: Provided further, That 6 the State educational agency shall ensure that at least 15 7 percent of the subgranted funds are used to serve children 8 from birth through age 5, 40 percent are used to serve 9 students in kindergarten through grade 5, and 40 percent 10 are used to serve students in middle and high school in11 cluding an equitable distribution of funds between middle 12 and high schools: Provided further, That eligible entities 13 receiving subgrants from State educational agencies shall 14 use such funds for services and activities that have the 15 characteristics of effective literacy instruction through 16 professional development, screening and assessment, tar17 geted interventions for students reading below grade level 18 and other research-based methods of improving classroom 19 instruction and practice: Provided further, That 20 $44,623,000 shall be for carrying out section 418A of the 21 HEA. 22 23 IMPACT AID For carrying out programs of financial assistance to 24 federally affected schools authorized by title VIII of the 25 ESEA, $1,305,603,000, of which $1,168,233,000 shall be December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 959 1 for basic support payments under section 8003(b), 2 $48,316,000 shall be for payments for children with dis3 abilities under section 8003(d), $17,406,000 shall be for 4 construction under section 8007(a), $66,813,000 shall be 5 for Federal property payments under section 8002, and 6 $4,835,000, to remain available until expended, shall be 7 for facilities maintenance under section 8008: Provided, 8 That for purposes of computing the amount of a payment 9 for an eligible local educational agency under section 10 8003(a) for school year 2015–2016, children enrolled in 11 a school of such agency that would otherwise be eligible 12 for payment under section 8003(a)(1)(B) of such Act, but 13 due to the deployment of both parents or legal guardians, 14 or a parent or legal guardian having sole custody of such 15 children, or due to the death of a military parent or legal 16 guardian while on active duty (so long as such children 17 reside on Federal property as described in section 18 8003(a)(1)(B)), are no longer eligible under such section, 19 shall be considered as eligible students under such section, 20 provided such students remain in average daily attendance 21 at a school in the same local educational agency they at22 tended prior to their change in eligibility status. 23 24 SCHOOL IMPROVEMENT PROGRAMS For carrying out school improvement activities au- 25 thorized by parts A and B of title II, part B of title IV, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 960 1 parts A and B of title VI, and parts B and C of title VII 2 of the ESEA; the McKinney-Vento Homeless Assistance 3 Act; section 203 of the Educational Technical Assistance 4 Act of 2002; the Compact of Free Association Amend5 ments Act of 2003; and the Civil Rights Act of 1964, 6 $4,433,629,000, of which $2,611,619,000 shall become 7 available on July 1, 2016, and remain available through 8 September 30, 2017, and of which $1,681,441,000 shall 9 become available on October 1, 2016, and shall remain 10 available through September 30, 2017, for academic year 11 2016–2017: Provided, That funds made available to carry 12 out part B of title VII of the ESEA may be used for con13 struction, renovation, and modernization of any elemen14 tary school, secondary school, or structure related to an 15 elementary school or secondary school, run by the Depart16 ment of Education of the State of Hawaii, that serves a 17 predominantly Native Hawaiian student body: Provided 18 further, That funds made available to carry out part C 19 of title VII of the ESEA shall be awarded on a competitive 20 basis, and also may be used for construction: Provided fur21 ther, That $51,445,000 shall be available to carry out sec22 tion 203 of the Educational Technical Assistance Act of 23 2002 and the Secretary shall make such arrangements as 24 determined to be necessary to ensure that the Bureau of 25 Indian Education has access to services provided under December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 961 1 this section: Provided further, That $16,699,000 shall be 2 available to carry out the Supplemental Education Grants 3 program for the Federated States of Micronesia and the 4 Republic of the Marshall Islands: Provided further, That 5 the Secretary may reserve up to 5 percent of the amount 6 referred to in the previous proviso to provide technical as7 sistance in the implementation of these grants: Provided 8 further, That up to 4.0 percent of the funds for subpart 9 1 of part A of title II of the ESEA shall be reserved by 10 the Secretary for competitive awards for teacher or prin11 cipal recruitment and training or professional enhance12 ment activities, including for civic education instruction, 13 to national not-for-profit organizations, of which up to 8 14 percent may only be used for research, dissemination, eval15 uation, and technical assistance for competitive awards 16 carried out under this proviso: Provided further, That 17 $152,717,000 shall be to carry out part B of title II of 18 the ESEA: Provided further, That none of the funds made 19 available by this Act shall be used to allow 21st Century 20 Community Learning Centers initiative funding for ex21 panded learning time unless these activities provide en22 richment and engaging academic activities for students at 23 least 300 additional program hours before, during, or 24 after the traditional school day and supplements but does 25 not supplant school day requirements. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 962 1 2 INDIAN EDUCATION For expenses necessary to carry out, to the extent 3 not otherwise provided, title VII, part A of the ESEA, 4 $143,939,000. 5 6 INNOVATION AND IMPROVEMENT For carrying out activities authorized by part G of 7 title I, subpart 5 of part A and parts C and D of title 8 II, parts B, C, and D of title V of the ESEA, and section 9 14007 of division A of the American Recovery and Rein10 vestment Act of 2009, as amended, $1,181,226,000: Pro11 vided, That up to $120,000,000 shall be available through 12 December 31, 2016 for section 14007 of division A of 13 Public Law 111–5, and up to 5 percent of such funds may 14 be used for technical assistance and the evaluation of ac15 tivities carried out under such section: Provided further, 16 That the education facilities clearinghouse established 17 through a competitive process in fiscal year 2013 may col18 lect and disseminate information on effective educational 19 practices and the latest research on the planning, design, 20 financing, construction, improvement, operation, and 21 maintenance of safe, healthy, high-performance public fa22 cilities for early learning programs, kindergarten through 23 grade 12, and higher education: Provided further, That 24 $230,000,000 of the funds for subpart 1 of part D of title 25 V of the ESEA shall be for competitive grants to local December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 963 1 educational agencies, including charter schools that are 2 local educational agencies, or States, or partnerships of: 3 (1) a local educational agency, a State, or both; and (2) 4 at least one nonprofit organization to develop and imple5 ment performance-based compensation systems for teach6 ers, principals, and other personnel in high-need schools: 7 Provided further, That such performance-based compensa8 tion systems must consider gains in student academic 9 achievement as well as classroom evaluations conducted 10 multiple times during each school year among other fac11 tors and provide educators with incentives to take on addi12 tional responsibilities and leadership roles: Provided fur13 ther, That recipients of such grants shall demonstrate that 14 such performance-based compensation systems are devel15 oped with the input of teachers and school leaders in the 16 schools and local educational agencies to be served by the 17 grant: Provided further, That recipients of such grants 18 may use such funds to develop or improve systems and 19 tools (which may be developed and used for the entire local 20 educational agency or only for schools served under the 21 grant) that would enhance the quality and success of the 22 compensation system, such as high-quality teacher evalua23 tions and tools to measure growth in student achievement: 24 Provided further, That applications for such grants shall 25 include a plan to sustain financially the activities con- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 964 1 ducted and systems developed under the grant once the 2 grant period has expired: Provided further, That up to 5 3 percent of such funds for competitive grants shall be avail4 able for technical assistance, training, peer review of appli5 cations, program outreach, and evaluation activities: Pro6 vided further, That $250,000,000 of the funds for part 7 D of title V of the ESEA shall be available through De8 cember 31, 2016 for carrying out, in accordance with the 9 applicable requirements of part D of title V of the ESEA, 10 a preschool development grants program: Provided further, 11 That the Secretary, jointly with the Secretary of HHS, 12 shall make competitive awards to States for activities that 13 build the capacity within the State to develop, enhance, 14 or expand high-quality preschool programs, including com15 prehensive services and family engagement, for preschool16 aged children from families at or below 200 percent of 17 the Federal poverty line: Provided further, That each State 18 may subgrant a portion of such grant funds to local edu19 cational agencies and other early learning providers (in20 cluding, but not limited to, Head Start programs and li21 censed child care providers), or consortia thereof, for the 22 implementation of high-quality preschool programs for 23 children from families at or below 200 percent of the Fed24 eral poverty line: Provided further, That subgrantees that 25 are local educational agencies shall form strong partner- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 965 1 ships with early learning providers and that subgrantees 2 that are early learning providers shall form strong part3 nerships with local educational agencies, in order to carry 4 out the requirements of the subgrant: Provided further, 5 That up to 3 percent of such funds for preschool develop6 ment grants shall be available for technical assistance, 7 evaluation, and other national activities related to such 8 grants: Provided further, That $10,000,000 of funds avail9 able under part D of title V of the ESEA shall be for 10 the Full-Service Community Schools program: Provided 11 further, That of the funds available for part B of title V 12 of the ESEA, the Secretary shall use up to $10,000,000 13 to carry out activities under section 5205(b) and shall use 14 not less than $16,000,000 for subpart 2: Provided further, 15 That of the funds available for subpart 1 of part B of 16 title V of the ESEA, and notwithstanding section 5205(a), 17 the Secretary shall reserve up to $100,000,000 to make 18 multiple awards to non-profit charter management organi19 zations and other entities that are not for-profit entities 20 for the replication and expansion of successful charter 21 school models and shall reserve not less than $11,000,000 22 to carry out the activities described in section 5205(a), 23 including improving quality and oversight of charter 24 schools and providing technical assistance and grants to 25 authorized public chartering agencies in order to increase December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 966 1 the number of high-performing charter schools: Provided 2 further, That funds available for part B of title V of the 3 ESEA may be used for grants that support preschool edu4 cation in charter schools: Provided further, That each ap5 plication submitted pursuant to section 5203(a) shall de6 scribe a plan to monitor and hold accountable authorized 7 public chartering agencies through such activities as pro8 viding technical assistance or establishing a professional 9 development program, which may include evaluation, plan10 ning, training, and systems development for staff of au11 thorized public chartering agencies to improve the capacity 12 of such agencies in the State to authorize, monitor, and 13 hold accountable charter schools: Provided further, That 14 each application submitted pursuant to section 5203(a) 15 shall contain assurances that State law, regulations, or 16 other policies require that: (1) each authorized charter 17 school in the State operate under a legally binding charter 18 or performance contract between itself and the school’s 19 authorized public chartering agency that describes the 20 rights and responsibilities of the school and the public 21 chartering agency; conduct annual, timely, and inde22 pendent audits of the school’s financial statements that 23 are filed with the school’s authorized public chartering 24 agency; and demonstrate improved student academic 25 achievement; and (2) authorized public chartering agen- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 967 1 cies use increases in student academic achievement for all 2 groups of students described in section 1111(b)(2)(C)(v) 3 of the ESEA as one of the most important factors when 4 determining to renew or revoke a school’s charter. 5 6 SAFE SCHOOLS AND CITIZENSHIP EDUCATION For carrying out activities authorized by part A of 7 title IV and subparts 1, 2, and 10 of part D of title V 8 of the ESEA, $244,815,000: Provided, That $75,000,000 9 shall be available for subpart 2 of part A of title IV, of 10 which up to $5,000,000, to remain available until ex11 pended, shall be for the Project School Emergency Re12 sponse to Violence (‘‘Project SERV’’) program to provide 13 education-related services to local educational agencies 14 and institutions of higher education in which the learning 15 environment has been disrupted due to a violent or trau16 matic crisis: Provided further, That $73,254,000 shall be 17 available through December 31, 2016 for Promise Neigh18 borhoods. 19 20 ENGLISH LANGUAGE ACQUISITION For carrying out part A of title III of the ESEA, 21 $737,400,000, which shall become available on July 1, 22 2016, and shall remain available through September 30, 23 2017, except that 6.5 percent of such amount shall be 24 available on October 1, 2015, and shall remain available 25 through September 30, 2017, to carry out activities under December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 968 1 section 3111(c)(1)(C): Provided, That the Secretary shall 2 use estimates of the American Community Survey child 3 counts for the most recent 3-year period available to cal4 culate allocations under such part. 5 6 SPECIAL EDUCATION For carrying out the Individuals with Disabilities 7 Education Act (IDEA) and the Special Olympics Sport 8 and Empowerment Act of 2004, $12,976,858,000, of 9 which $3,456,259,000 shall become available on July 1, 10 2016, and shall remain available through September 30, 11 2017, and of which $9,283,383,000 shall become available 12 on October 1, 2016, and shall remain available through 13 September 30, 2017, for academic year 2016–2017: Pro14 vided, That the amount for section 611(b)(2) of the IDEA 15 shall be equal to the lesser of the amount available for 16 that activity during fiscal year 2015, increased by the 17 amount of inflation as specified in section 619(d)(2)(B) 18 of the IDEA, or the percent change in the funds appro19 priated under section 611(i) of the IDEA, but not less 20 than the amount for that activity during fiscal year 2015: 21 Provided further, That the Secretary shall, without regard 22 to section 611(d) of the IDEA, distribute to all other 23 States (as that term is defined in section 611(g)(2)), sub24 ject to the third proviso, any amount by which a State’s 25 allocation under section 611(d), from funds appropriated December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 969 1 under this heading, is reduced under section 2 612(a)(18)(B), according to the following: 85 percent on 3 the basis of the States’ relative populations of children 4 aged 3 through 21 who are of the same age as children 5 with disabilities for whom the State ensures the avail6 ability of a free appropriate public education under this 7 part, and 15 percent to States on the basis of the States’ 8 relative populations of those children who are living in pov9 erty: Provided further, That the Secretary may not dis10 tribute any funds under the previous proviso to any State 11 whose reduction in allocation from funds appropriated 12 under this heading made funds available for such a dis13 tribution: Provided further, That the States shall allocate 14 such funds distributed under the second proviso to local 15 educational agencies in accordance with section 611(f): 16 Provided further, That the amount by which a State’s allo17 cation under section 611(d) of the IDEA is reduced under 18 section 612(a)(18)(B) and the amounts distributed to 19 States under the previous provisos in fiscal year 2012 or 20 any subsequent year shall not be considered in calculating 21 the awards under section 611(d) for fiscal year 2013 or 22 for any subsequent fiscal years: Provided further, That, 23 notwithstanding the provision in section 612(a)(18)(B) re24 garding the fiscal year in which a State’s allocation under 25 section 611(d) is reduced for failure to comply with the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 970 1 requirement of section 612(a)(18)(A), the Secretary may 2 apply the reduction specified in section 612(a)(18)(B) over 3 a period of consecutive fiscal years, not to exceed five, 4 until the entire reduction is applied: Provided further, 5 That the Secretary may, in any fiscal year in which a 6 State’s allocation under section 611 is reduced in accord7 ance with section 612(a)(18)(B), reduce the amount a 8 State may reserve under section 611(e)(1) by an amount 9 that bears the same relation to the maximum amount de10 scribed in that paragraph as the reduction under section 11 612(a)(18)(B) bears to the total allocation the State 12 would have received in that fiscal year under section 13 611(d) in the absence of the reduction: Provided further, 14 That the Secretary shall either reduce the allocation of 15 funds under section 611 for any fiscal year following the 16 fiscal year for which the State fails to comply with the 17 requirement of section 612(a)(18)(A) as authorized by 18 section 612(a)(18)(B), or seek to recover funds under sec19 tion 452 of the General Education Provisions Act (20 20 U.S.C. 1234a): Provided further, That the funds reserved 21 under 611(c) of the IDEA may be used to provide tech22 nical assistance to States to improve the capacity of the 23 States to meet the data collection requirements of sections 24 616 and 618 and to administer and carry out other serv25 ices and activities to improve data collection, coordination, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 971 1 quality, and use under parts B and C of the IDEA: Pro2 vided further, That the level of effort a local educational 3 agency must meet under section 613(a)(2)(A)(iii) of the 4 IDEA, in the year after it fails to maintain effort is the 5 level of effort that would have been required in the absence 6 of that failure and not the LEA’s reduced level of expendi7 tures: Provided further, That the Secretary may use funds 8 made available for the State Personnel Development 9 Grants program under part D, subpart 1 of IDEA to 10 evaluate program performance under such subpart. 11 REHABILITATION SERVICES 12 AND DISABILITY RESEARCH For carrying out, to the extent not otherwise pro- 13 vided, the Rehabilitation Act of 1973 and the Helen Keller 14 National Center Act, $3,529,605,000, of which 15 $3,391,770,000 shall be for grants for vocational rehabili16 tation services under title I of the Rehabilitation Act: Pro17 vided, That the Secretary may use amounts provided in 18 this Act that remain available subsequent to the reallot19 ment of funds to States pursuant to section 110(b) of the 20 Rehabilitation Act for innovative activities aimed at im21 proving the outcomes of individuals with disabilities as de22 fined in section 7(20)(B) of the Rehabilitation Act, includ23 ing activities aimed at improving the education and post24 school outcomes of children receiving Supplemental Secu25 rity Income (‘‘SSI’’) and their families that may result December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 972 1 in long-term improvement in the SSI child recipient’s eco2 nomic status and self-sufficiency: Provided further, That 3 States may award subgrants for a portion of the funds 4 to other public and private, nonprofit entities: Provided 5 further, That any funds made available subsequent to real6 lotment for innovative activities aimed at improving the 7 outcomes of individuals with disabilities shall remain avail8 able until September 30, 2017. 9 SPECIAL INSTITUTIONS FOR PERSONS WITH 10 DISABILITIES 11 AMERICAN PRINTING HOUSE FOR THE BLIND 12 For carrying out the Act of March 3, 1879, 13 $25,431,000. 14 15 NATIONAL TECHNICAL INSTITUTE FOR THE DEAF For the National Technical Institute for the Deaf 16 under titles I and II of the Education of the Deaf Act 17 of 1986, $70,016,000: Provided, That from the total 18 amount available, the Institute may at its discretion use 19 funds for the endowment program as authorized under 20 section 207 of such Act. 21 22 GALLAUDET UNIVERSITY For the Kendall Demonstration Elementary School, 23 the Model Secondary School for the Deaf, and the partial 24 support of Gallaudet University under titles I and II of 25 the Education of the Deaf Act of 1986, $121,275,000: December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 973 1 Provided, That from the total amount available, the Uni2 versity may at its discretion use funds for the endowment 3 program as authorized under section 207 of such Act. 4 CAREER, TECHNICAL, 5 For carrying out, to the extent not otherwise pro- AND ADULT EDUCATION 6 vided, the Carl D. Perkins Career and Technical Edu7 cation Act of 2006 and the Adult Education and Family 8 Literacy Act (‘‘AEFLA’’), $1,720,686,000, of which 9 $929,686,000 shall become available on July 1, 2016, and 10 shall remain available through September 30, 2017, and 11 of which $791,000,000 shall become available on October 12 1, 2016, and shall remain available through September 30, 13 2017: Provided, That of the amounts made available for 14 AEFLA, $13,712,000 shall be for national leadership ac15 tivities under section 242. 16 17 STUDENT FINANCIAL ASSISTANCE For carrying out subparts 1, 3, and 10 of part A, 18 and part C of title IV of the HEA, $24,198,210,000, 19 which shall remain available through September 30, 2017. 20 The maximum Pell Grant for which a student shall 21 be eligible during award year 2016–2017 shall be $4,860. 22 23 STUDENT AID ADMINISTRATION For Federal administrative expenses to carry out part 24 D of title I, and subparts 1, 3, 9, and 10 of part A, and 25 parts B, C, D, and E of title IV of the HEA, and subpart December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 974 1 1 of part A of title VII of the Public Health Service Act, 2 $1,551,854,000, to remain available through September 3 30, 2017: Provided, That the Secretary shall, no later than 4 March 1, 2016, allocate new student loan borrower ac5 counts to eligible student loan servicers on the basis of 6 their performance compared to all loan servicers utilizing 7 established common metrics, and on the basis of the ca8 pacity of each servicer to process new and existing ac9 counts. 10 11 HIGHER EDUCATION For carrying out, to the extent not otherwise pro- 12 vided, titles II, III, IV, V, VI, and VII of the HEA, the 13 Mutual Educational and Cultural Exchange Act of 1961, 14 and section 117 of the Carl D. Perkins Career and Tech15 nical Education Act of 2006, $1,982,185,000: Provided, 16 That notwithstanding any other provision of law, funds 17 made available in this Act to carry out title VI of the HEA 18 and section 102(b)(6) of the Mutual Educational and Cul19 tural Exchange Act of 1961 may be used to support visits 20 and study in foreign countries by individuals who are par21 ticipating in advanced foreign language training and inter22 national studies in areas that are vital to United States 23 national security and who plan to apply their language 24 skills and knowledge of these countries in the fields of gov25 ernment, the professions, or international development: December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 975 1 Provided further, That of the funds referred to in the pre2 ceding proviso up to 1 percent may be used for program 3 evaluation, national outreach, and information dissemina4 tion activities: Provided further, That up to 1.5 percent 5 of the funds made available under chapter 2 of subpart 6 2 of part A of title IV of the HEA may be used for evalua7 tion. 8 HOWARD UNIVERSITY 9 For partial support of Howard University, 10 $221,821,000, of which not less than $3,405,000 shall be 11 for a matching endowment grant pursuant to the Howard 12 University Endowment Act and shall remain available 13 until expended. 14 COLLEGE HOUSING 15 AND ACADEMIC FACILITIES LOANS PROGRAM 16 For Federal administrative expenses to carry out ac- 17 tivities related to existing facility loans pursuant to section 18 121 of the HEA, $435,000. 19 HISTORICALLY BLACK COLLEGE 20 21 AND UNIVERSITY CAPITAL FINANCING PROGRAM ACCOUNT For the cost of guaranteed loans, $20,150,000, as au- 22 thorized pursuant to part D of title III of the HEA, which 23 shall remain available through September 30, 2017: Pro24 vided, That such costs, including the cost of modifying 25 such loans, shall be as defined in section 502 of the Con- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 976 1 gressional Budget Act of 1974: Provided further, That 2 these funds are available to subsidize total loan principal, 3 any part of which is to be guaranteed, not to exceed 4 $302,099,000: Provided further, That these funds may be 5 used to support loans to public and private Historically 6 Black Colleges and Universities without regard to the limi7 tations within section 344(a) of the HEA. 8 In addition, for administrative expenses to carry out 9 the Historically Black College and University Capital Fi10 nancing Program entered into pursuant to part D of title 11 III of the HEA, $334,000. 12 13 INSTITUTE OF EDUCATION SCIENCES For carrying out activities authorized by the Edu- 14 cation Sciences Reform Act of 2002, the National Assess15 ment of Educational Progress Authorization Act, section 16 208 of the Educational Technical Assistance Act of 2002, 17 and section 664 of the Individuals with Disabilities Edu18 cation Act, $618,015,000, which shall remain available 19 through September 30, 2017: Provided, That funds avail20 able to carry out section 208 of the Educational Technical 21 Assistance Act may be used to link Statewide elementary 22 and secondary data systems with early childhood, postsec23 ondary, and workforce data systems, or to further develop 24 such systems: Provided further, That up to $6,000,000 of 25 the funds available to carry out section 208 of the Edu- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 977 1 cational Technical Assistance Act may be used for awards 2 to public or private organizations or agencies to support 3 activities to improve data coordination, quality, and use 4 at the local, State, and national levels: Provided further, 5 That $157,235,000 shall be for carrying out activities au6 thorized by the National Assessment of Educational 7 Progress Authorization Act. 8 DEPARTMENTAL MANAGEMENT 9 PROGRAM ADMINISTRATION 10 For carrying out, to the extent not otherwise pro- 11 vided, the Department of Education Organization Act, in12 cluding rental of conference rooms in the District of Co13 lumbia and hire of three passenger motor vehicles, 14 $432,000,000, of which up to $1,000,000, to remain avail15 able until expended, may be for relocation of, and renova16 tion of buildings occupied by, Department staff. 17 18 OFFICE FOR CIVIL RIGHTS For expenses necessary for the Office for Civil 19 Rights, as authorized by section 203 of the Department 20 of Education Organization Act, $107,000,000. 21 22 OFFICE OF INSPECTOR GENERAL For expenses necessary for the Office of Inspector 23 General, as authorized by section 212 of the Department 24 of Education Organization Act, $59,256,000. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 978 1 2 GENERAL PROVISIONS SEC. 301. No funds appropriated in this Act may be 3 used for the transportation of students or teachers (or for 4 the purchase of equipment for such transportation) in 5 order to overcome racial imbalance in any school or school 6 system, or for the transportation of students or teachers 7 (or for the purchase of equipment for such transportation) 8 in order to carry out a plan of racial desegregation of any 9 school or school system. 10 SEC. 302. None of the funds contained in this Act 11 shall be used to require, directly or indirectly, the trans12 portation of any student to a school other than the school 13 which is nearest the student’s home, except for a student 14 requiring special education, to the school offering such 15 special education, in order to comply with title VI of the 16 Civil Rights Act of 1964. For the purpose of this section 17 an indirect requirement of transportation of students in18 cludes the transportation of students to carry out a plan 19 involving the reorganization of the grade structure of 20 schools, the pairing of schools, or the clustering of schools, 21 or any combination of grade restructuring, pairing, or 22 clustering. The prohibition described in this section does 23 not include the establishment of magnet schools. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 979 1 SEC. 303. No funds appropriated in this Act may be 2 used to prevent the implementation of programs of vol3 untary prayer and meditation in the public schools. 4 5 (TRANSFER OF FUNDS) SEC. 304. Not to exceed 1 percent of any discre- 6 tionary funds (pursuant to the Balanced Budget and 7 Emergency Deficit Control Act of 1985) which are appro8 priated for the Department of Education in this Act may 9 be transferred between appropriations, but no such appro10 priation shall be increased by more than 3 percent by any 11 such transfer: Provided, That the transfer authority 12 granted by this section shall not be used to create any 13 new program or to fund any project or activity for which 14 no funds are provided in this Act: Provided further, That 15 the Committees on Appropriations of the House of Rep16 resentatives and the Senate are notified at least 15 days 17 in advance of any transfer. 18 SEC. 305. The Outlying Areas may consolidate funds 19 received under this Act, pursuant to 48 U.S.C. 1469a, 20 under part A of title V of the ESEA. 21 SEC. 306. Section 105(f)(1)(B)(ix) of the Compact 22 of Free Association Amendments Act of 2003 (48 U.S.C. 23 1921d(f)(1)(B)(ix)) shall be applied by substituting 24 ‘‘2016’’ for ‘‘2009’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 980 1 SEC. 307. The Secretary, in consultation with the Di- 2 rector of the Institute of Education Sciences, may reserve 3 funds under section 9601 of the ESEA (subject to the lim4 itations in subsections (b) and (c) of that section) in order 5 to carry out activities authorized under paragraphs (1) 6 and (2) of subsection (a) of that section with respect to 7 any ESEA program funded in this Act and without re8 spect to the source of funds for those activities: Provided, 9 That high-quality evaluations of ESEA programs shall be 10 prioritized, before using funds for any other evaluation ac11 tivities: Provided further, That any funds reserved under 12 this section shall be available from July 1, 2016 through 13 September 30, 2017: Provided further, That not later than 14 10 days prior to the initial obligation of funds reserved 15 under this section, the Secretary, in consultation with the 16 Director, shall submit an evaluation plan to the Senate 17 Committees on Appropriations and Health, Education, 18 Labor, and Pensions and the House Committees on Ap19 propriations and Education and the Workforce which 20 identifies the source and amount of funds reserved under 21 this section, the impact on program grantees if funds are 22 withheld, the programs to be evaluated with such funds, 23 how ESEA programs will be regularly evaluated, and how 24 findings from evaluations completed under this section will 25 be widely disseminated. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 981 1 SEC. 308. (a) An institution of higher education that 2 maintains an endowment fund supported with funds ap3 propriated for title III or V of the HEA for fiscal year 4 2016 may use the income from that fund to award schol5 arships to students, subject to the limitation in section 6 331(c)(3)(B)(i) of the HEA. The use of such income for 7 such purposes, prior to the enactment of this Act, shall 8 be considered to have been an allowable use of that in9 come, subject to that limitation. 10 (b) Subsection (a) shall be in effect until titles III 11 and V of the HEA are reauthorized. 12 SEC. 309. Section 114(f) of the HEA (20 U.S.C. 13 1011c(f)) is amended by striking ‘‘2015’’ and inserting 14 ‘‘2016’’. 15 SEC. 310. Section 458(a) of the HEA (20 U.S.C. 16 1087h(a)) is amended in paragraph (4) by striking 17 ‘‘2014’’ and inserting ‘‘2016’’. 18 SEC. 311. Section 428(c)(1) of the HEA (20 U.S.C. 19 1078(c)(1)) is amended by striking ‘‘95 percent’’ and in20 serting ‘‘100 percent’’. 21 SEC. 312. Notwithstanding section 5(b) of the Every 22 Student Succeeds Act, funds provided in this Act for non23 competitive formula grant programs authorized by the 24 ESEA for use during academic year 2016–2017 shall be 25 administered in accordance with the ESEA as in effect December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 982 1 on the day before the date of enactment of the Every Stu2 dent Succeeds Act. 3 4 5 6 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.— 7 In this subsection, the term ‘eligible career pathway 8 program’ means a program that combines rigorous 9 and high-quality education, training, and other serv- 10 ices that— 11 ‘‘(A) aligns with the skill needs of indus- 12 tries in the economy of the State or regional 13 economy involved; 14 ‘‘(B) prepares an individual to be success- 15 ful in any of a full range of secondary or post- 16 secondary education options, including appren- 17 ticeships registered under the Act of August 16, 18 1937 (commonly known as the ‘National Ap- 19 prenticeship Act’; 50 Stat. 664, chapter 663; 29 20 U.S.C. 50 et seq.) (referred to individually in 21 this Act as an ‘apprenticeship’, except in sec- 22 tion 171); 23 ‘‘(C) includes counseling to support an in- 24 dividual in achieving the individual’s education 25 and career goals; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 983 1 ‘‘(D) includes, as appropriate, education 2 offered concurrently with and in the same con- 3 text as workforce preparation activities and 4 training for a specific occupation or occupa- 5 tional cluster; 6 ‘‘(E) organizes education, training, and 7 other services to meet the particular needs of 8 an individual in a manner that accelerates the 9 educational and career advancement of the indi- 10 vidual to the extent practicable; 11 ‘‘(F) enables an individual to attain a sec- 12 ondary school diploma or its recognized equiva- 13 lent, and at least 1 recognized postsecondary 14 credential; and 15 ‘‘(G) helps an individual enter or advance 16 within a specific occupation or occupational 17 cluster.’’. 18 (2) Subsection (b) of section 401 of the HEA 19 is amended by striking the addition to (b)(2)(A)(ii) 20 made by subsection 309(b) of division G of Public 21 Law 113–235. 22 This title may be cited as the ‘‘Department of Edu- 23 cation Appropriations Act, 2016’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 984 1 TITLE IV 2 RELATED AGENCIES 3 COMMITTEE 4 5 6 FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED SALARIES AND EXPENSES For expenses necessary for the Committee for Pur- 7 chase From People Who Are Blind or Severely Disabled 8 established under section 8502 of title 41, United States 9 Code, $6,191,000: Provided, That in order to authorize 10 any central nonprofit agency designated pursuant to sec11 tion 8503(c) of title 41, United States Code, to perform 12 contract requirements of the Committee as prescribed 13 under section 51–3.2 of title 41, Code of Federal Regula14 tions, the Committee shall within 180 days after the date 15 of enactment of this Act enter into a written agreement 16 with any such central nonprofit agency: Provided further, 17 That such agreement entered into under the preceding 18 proviso shall contain such auditing, oversight, and report19 ing provisions as necessary to implement chapter 85 of 20 title 41, United States Code: Provided further, That such 21 agreement shall include the elements listed under the 22 heading ‘‘Committee For Purchase From People Who Are 23 Blind or Severely Disabled—Written Agreement Ele24 ments’’ in the explanatory statement described in section 25 4 (in the matter preceding division A of this consolidated December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 985 1 Act): Provided further, That after 180 days from the date 2 of enactment of this Act a fee may not be charged under 3 section 51–3.5 of title 41, Code of Federal Regulations, 4 unless such fee is under the terms of the written agree5 ment between the Committee and any such central non6 profit agency: Provided further, That no less than 7 $750,000 shall be available for the Office of Inspector 8 General. 9 10 ADMINISTRATIVE PROVISIONS SEC. 401. (a) Section 8G of the Inspector General 11 Act of 1978 (5 U.S.C. App.) is amended— 12 (1) in subsection (a)— 13 (A) in paragraph (2), by inserting ‘‘the 14 Committee for Purchase From People Who Are 15 Blind or Severely Disabled,’’ after ‘‘the Board 16 for International Broadcasting,’’; and 17 (B) in paragraph (4)— 18 (i) by redesignating subparagraphs 19 (D) through (H) as subparagraphs (E) 20 through (I), respectively; and 21 (ii) by inserting after subparagraph 22 (C) the following new subparagraph: 23 ‘‘(D) with respect to the Committee for 24 Purchase From People Who Are Blind or Se- 25 verely Disabled, such term means the Chairman December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 986 1 of the Committee for Purchase From People 2 Who Are Blind or Severely Disabled;’’; and 3 (2) in subsection (e)(1)— 4 (A) by striking ‘‘board or commission’’, the 5 first place it appears, and inserting ‘‘board, 6 chairman of a committee, or commission’’; and 7 (B) by striking ‘‘board or commission’’, the 8 second place it appears, and inserting ‘‘board, 9 committee, or commission’’. 10 (b) Not later than 180 days after the date of the en- 11 actment of this Act, the Chairman of the Committee for 12 Purchase From People Who Are Blind or Severely Dis13 abled shall appoint an Inspector General for the Com14 mittee. 15 (c) This section, and the amendments made by this 16 section, shall take effect on the date that is 180 days after 17 the date of the enactment of this Act. 18 SEC. 402. Not later than 30 days after the end of 19 each fiscal year quarter, beginning with the first quarter 20 of fiscal year 2016, the Committee For Purchase From 21 People Who Are Blind or Severely Disabled shall submit 22 to the Committees on Oversight and Government Reform 23 and Education and the Workforce of the House of Rep24 resentatives, the Committees on Homeland Security and 25 Governmental Affairs and Health, Education, Labor, and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 987 1 Pensions of the Senate, and the Committees on Appropria2 tions of the House of Representatives and the Senate, the 3 reports described under the heading ‘‘Committee For Pur4 chase From People Who Are Blind or Severely Disabled— 5 Requested Reports’’ in the explanatory statement de6 scribed in section 4 (in the matter preceding division A 7 of this consolidated Act). 8 CORPORATION 9 10 FOR NATIONAL AND COMMUNITY SERVICE OPERATING EXPENSES For necessary expenses for the Corporation for Na- 11 tional and Community Service (referred to in this title as 12 ‘‘CNCS’’) to carry out the Domestic Volunteer Service Act 13 of 1973 (referred to in this title as ‘‘1973 Act’’) and the 14 National and Community Service Act of 1990 (referred 15 to in this title as ‘‘1990 Act’’), $787,929,000, notwith16 standing sections 198B(b)(3), 198S(g), 501(a)(4)(C), and 17 501(a)(4)(F) of the 1990 Act: Provided, That of the 18 amounts provided under this heading: (1) up to 1 percent 19 of program grant funds may be used to defray the costs 20 of conducting grant application reviews, including the use 21 of outside peer reviewers and electronic management of 22 the grants cycle; (2) $50,000,000 shall be available for 23 expenses to carry out section 198K of the 1990 Act; (3) 24 $16,038,000 shall be available to provide assistance to 25 State commissions on national and community service, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 988 1 under section 126(a) of the 1990 Act and notwithstanding 2 section 501(a)(5)(B) of the 1990 Act; (4) $30,000,000 3 shall be available to carry out subtitle E of the 1990 Act; 4 and (5) $3,800,000 shall be available for expenses author5 ized under section 501(a)(4)(F) of the 1990 Act, which, 6 notwithstanding the provisions of section 198P shall be 7 awarded by CNCS on a competitive basis: Provided fur8 ther, That for the purposes of carrying out the 1990 Act, 9 satisfying the requirements in section 122(c)(1)(D) may 10 include a determination of need by the local community: 11 Provided further, That not to exceed 20 percent of funds 12 made available under section 198K of the 1990 Act may 13 be used for Social Innovation Fund Pilot Program-related 14 performance-based awards for Pay for Success projects 15 and shall remain available through September 30, 2017: 16 Provided further, That, with respect to the previous pro17 viso, any funds obligated for such projects shall remain 18 available for disbursement until expended, notwith19 standing 31 U.S.C. 1552(a): Provided further, That any 20 funds deobligated from projects under section 198K of the 21 1990 Act shall immediately be available for activities au22 thorized under section 198K of such Act. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 989 1 PAYMENT TO THE NATIONAL SERVICE TRUST 2 (INCLUDING TRANSFER OF FUNDS) 3 For payment to the National Service Trust estab- 4 lished under subtitle D of title I of the 1990 Act, 5 $220,000,000, to remain available until expended: Pro6 vided, That CNCS may transfer additional funds from the 7 amount provided within ‘‘Operating Expenses’’ allocated 8 to grants under subtitle C of title I of the 1990 Act to 9 the National Service Trust upon determination that such 10 transfer is necessary to support the activities of national 11 service participants and after notice is transmitted to the 12 Committees on Appropriations of the House of Represent13 atives and the Senate: Provided further, That amounts ap14 propriated for or transferred to the National Service Trust 15 may be invested under section 145(b) of the 1990 Act 16 without regard to the requirement to apportion funds 17 under 31 U.S.C. 1513(b). 18 19 SALARIES AND EXPENSES For necessary expenses of administration as provided 20 under section 501(a)(5) of the 1990 Act and under section 21 504(a) of the 1973 Act, including payment of salaries, au22 thorized travel, hire of passenger motor vehicles, the rental 23 of conference rooms in the District of Columbia, the em24 ployment of experts and consultants authorized under 5 December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 990 1 U.S.C. 3109, and not to exceed $2,500 for official recep2 tion and representation expenses, $81,737,000. 3 4 OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector 5 General in carrying out the Inspector General Act of 1978, 6 $5,250,000. 7 8 ADMINISTRATIVE PROVISIONS SEC. 403. CNCS shall make any significant changes 9 to program requirements, service delivery or policy only 10 through public notice and comment rulemaking. For fiscal 11 year 2016, during any grant selection process, an officer 12 or employee of CNCS shall not knowingly disclose any cov13 ered grant selection information regarding such selection, 14 directly or indirectly, to any person other than an officer 15 or employee of CNCS that is authorized by CNCS to re16 ceive such information. 17 SEC. 404. AmeriCorps programs receiving grants 18 under the National Service Trust program shall meet an 19 overall minimum share requirement of 24 percent for the 20 first 3 years that they receive AmeriCorps funding, and 21 thereafter shall meet the overall minimum share require22 ment as provided in section 2521.60 of title 45, Code of 23 Federal Regulations, without regard to the operating costs 24 match requirement in section 121(e) or the member sup25 port Federal share limitations in section 140 of the 1990 December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 991 1 Act, and subject to partial waiver consistent with section 2 2521.70 of title 45, Code of Federal Regulations. 3 SEC. 405. Donations made to CNCS under section 4 196 of the 1990 Act for the purposes of financing pro5 grams and operations under titles I and II of the 1973 6 Act or subtitle B, C, D, or E of title I of the 1990 Act 7 shall be used to supplement and not supplant current pro8 grams and operations. 9 SEC. 406. In addition to the requirements in section 10 146(a) of the 1990 Act, use of an educational award for 11 the purpose described in section 148(a)(4) shall be limited 12 to individuals who are veterans as defined under section 13 101 of the Act. 14 SEC. 407. For the purpose of carrying out section 15 189D of the 1990 Act— 16 (1) entities described in paragraph (a) of such 17 section shall be considered ‘‘qualified entities’’ under 18 section 3 of the National Child Protection Act of 19 1993 (‘‘NCPA’’); and 20 (2) individuals described in such section shall 21 be considered ‘‘volunteers’’ under section 3 of 22 NCPA; and 23 (3) State Commissions on National and Com- 24 munity Service established pursuant to section 178 25 of the 1990 Act, are authorized to receive criminal December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 992 1 history record information, consistent with Public 2 Law 92–544. 3 4 CORPORATION FOR PUBLIC BROADCASTING For payment to the Corporation for Public Broad- 5 casting (‘‘CPB’’), as authorized by the Communications 6 Act of 1934, an amount which shall be available within 7 limitations specified by that Act, for the fiscal year 2018, 8 $445,000,000: Provided, That none of the funds made 9 available to CPB by this Act shall be used to pay for re10 ceptions, parties, or similar forms of entertainment for 11 Government officials or employees: Provided further, That 12 none of the funds made available to CPB by this Act shall 13 be available or used to aid or support any program or ac14 tivity from which any person is excluded, or is denied ben15 efits, or is discriminated against, on the basis of race, 16 color, national origin, religion, or sex: Provided further, 17 That none of the funds made available to CPB by this 18 Act shall be used to apply any political test or qualification 19 in selecting, appointing, promoting, or taking any other 20 personnel action with respect to officers, agents, and em21 ployees of CPB: Provided further, That none of the funds 22 made available to CPB by this Act shall be used to support 23 the Television Future Fund or any similar purpose. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 993 1 In addition, for the costs associated with replacing 2 and upgrading the public broadcasting interconnection 3 system, $40,000,000. 4 FEDERAL MEDIATION 5 6 AND CONCILIATION SERVICE SALARIES AND EXPENSES For expenses necessary for the Federal Mediation 7 and Conciliation Service (‘‘Service’’) to carry out the func8 tions vested in it by the Labor-Management Relations Act, 9 1947, including hire of passenger motor vehicles; for ex10 penses necessary for the Labor-Management Cooperation 11 Act of 1978; and for expenses necessary for the Service 12 to carry out the functions vested in it by the Civil Service 13 Reform Act, $48,748,000, including up to $400,000 to re14 main available through September 30, 2017, for activities 15 authorized by the Labor-Management Cooperation Act of 16 1978: Provided, That notwithstanding 31 U.S.C. 3302, 17 fees charged, up to full-cost recovery, for special training 18 activities and other conflict resolution services and tech19 nical assistance, including those provided to foreign gov20 ernments and international organizations, and for arbitra21 tion services shall be credited to and merged with this ac22 count, and shall remain available until expended: Provided 23 further, That fees for arbitration services shall be available 24 only for education, training, and professional development 25 of the agency workforce: Provided further, That the Direc- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 994 1 tor of the Service is authorized to accept and use on behalf 2 of the United States gifts of services and real, personal, 3 or other property in the aid of any projects or functions 4 within the Director’s jurisdiction. 5 FEDERAL MINE SAFETY AND HEALTH REVIEW 6 COMMISSION 7 SALARIES AND EXPENSES 8 For expenses necessary for the Federal Mine Safety 9 and Health Review Commission, $17,085,000. 10 INSTITUTE OF MUSEUM AND LIBRARY SERVICES 11 OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS 12 AND ADMINISTRATION 13 For carrying out the Museum and Library Services 14 Act of 1996 and the National Museum of African Amer15 ican History and Culture Act, $230,000,000. 16 MEDICAID AND CHIP PAYMENT AND 17 COMMISSION 18 SALARIES AND EXPENSES 19 ACCESS For expenses necessary to carry out section 1900 of 20 the Social Security Act, $7,765,000. 21 MEDICARE PAYMENT ADVISORY COMMISSION 22 SALARIES AND EXPENSES 23 For expenses necessary to carry out section 1805 of 24 the Social Security Act, $11,925,000, to be transferred to 25 this appropriation from the Federal Hospital Insurance December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 995 1 Trust Fund and the Federal Supplementary Medical In2 surance Trust Fund. 3 4 5 NATIONAL COUNCIL ON DISABILITY SALARIES AND EXPENSES For expenses necessary for the National Council on 6 Disability as authorized by title IV of the Rehabilitation 7 Act of 1973, $3,250,000. 8 NATIONAL LABOR RELATIONS BOARD 9 SALARIES AND EXPENSES 10 For expenses necessary for the National Labor Rela- 11 tions Board to carry out the functions vested in it by the 12 Labor-Management Relations Act, 1947, and other laws, 13 $274,224,000: Provided, That no part of this appropria14 tion shall be available to organize or assist in organizing 15 agricultural laborers or used in connection with investiga16 tions, hearings, directives, or orders concerning bargaining 17 units composed of agricultural laborers as referred to in 18 section 2(3) of the Act of July 5, 1935, and as amended 19 by the Labor-Management Relations Act, 1947, and as de20 fined in section 3(f) of the Act of June 25, 1938, and 21 including in said definition employees engaged in the 22 maintenance and operation of ditches, canals, reservoirs, 23 and waterways when maintained or operated on a mutual, 24 nonprofit basis and at least 95 percent of the water stored 25 or supplied thereby is used for farming purposes. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 996 1 2 ADMINISTRATIVE PROVISIONS SEC. 408. None of the funds provided by this Act 3 or previous Acts making appropriations for the National 4 Labor Relations Board may be used to issue any new ad5 ministrative directive or regulation that would provide em6 ployees any means of voting through any electronic means 7 in an election to determine a representative for the pur8 poses of collective bargaining. 9 10 11 NATIONAL MEDIATION BOARD SALARIES AND EXPENSES For expenses necessary to carry out the provisions 12 of the Railway Labor Act, including emergency boards ap13 pointed by the President, $13,230,000. 14 OCCUPATIONAL SAFETY AND HEALTH REVIEW 15 COMMISSION 16 SALARIES AND EXPENSES 17 For expenses necessary for the Occupational Safety 18 and Health Review Commission, $12,639,000. 19 RAILROAD RETIREMENT BOARD 20 DUAL BENEFITS PAYMENTS ACCOUNT 21 For payment to the Dual Benefits Payments Ac- 22 count, authorized under section 15(d) of the Railroad Re23 tirement Act of 1974, $29,000,000, which shall include 24 amounts becoming available in fiscal year 2016 pursuant 25 to section 224(c)(1)(B) of Public Law 98–76; and in addi- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 997 1 tion, an amount, not to exceed 2 percent of the amount 2 provided herein, shall be available proportional to the 3 amount by which the product of recipients and the average 4 benefit received exceeds the amount available for payment 5 of vested dual benefits: Provided, That the total amount 6 provided herein shall be credited in 12 approximately 7 equal amounts on the first day of each month in the fiscal 8 year. 9 FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT 10 11 ACCOUNTS For payment to the accounts established in the 12 Treasury for the payment of benefits under the Railroad 13 Retirement Act for interest earned on unnegotiated 14 checks, $150,000, to remain available through September 15 30, 2017, which shall be the maximum amount available 16 for payment pursuant to section 417 of Public Law 98– 17 76. 18 19 LIMITATION ON ADMINISTRATION For necessary expenses for the Railroad Retirement 20 Board (‘‘Board’’) for administration of the Railroad Re21 tirement Act and the Railroad Unemployment Insurance 22 Act, $111,225,000, to be derived in such amounts as de23 termined by the Board from the railroad retirement ac24 counts and from moneys credited to the railroad unem25 ployment insurance administration fund: Provided, That December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 998 1 notwithstanding section 7(b)(9) of the Railroad Retire2 ment Act this limitation may be used to hire attorneys 3 only through the excepted service: Provided further, That 4 the previous proviso shall not change the status under 5 Federal employment laws of any attorney hired by the 6 Railroad Retirement Board prior to January 1, 2013. 7 LIMITATION ON THE OFFICE OF INSPECTOR GENERAL 8 For expenses necessary for the Office of Inspector 9 General for audit, investigatory and review activities, as 10 authorized by the Inspector General Act of 1978, not more 11 than $8,437,000, to be derived from the railroad retire12 ment accounts and railroad unemployment insurance ac13 count. 14 SOCIAL SECURITY ADMINISTRATION 15 PAYMENTS TO SOCIAL SECURITY TRUST FUNDS 16 For payment to the Federal Old-Age and Survivors 17 Insurance Trust Fund and the Federal Disability Insur18 ance Trust Fund, as provided under sections 201(m), 19 228(g), and 1131(b)(2) of the Social Security Act, 20 $11,400,000. 21 22 SUPPLEMENTAL SECURITY INCOME PROGRAM For carrying out titles XI and XVI of the Social Se- 23 curity Act, section 401 of Public Law 92–603, section 212 24 of Public Law 93–66, as amended, and section 405 of 25 Public Law 95–216, including payment to the Social Secu- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 999 1 rity trust funds for administrative expenses incurred pur2 suant to section 201(g)(1) of the Social Security Act, 3 $46,305,733,000, to remain available until expended: Pro4 vided, That any portion of the funds provided to a State 5 in the current fiscal year and not obligated by the State 6 during that year shall be returned to the Treasury: Pro7 vided further, That not more than $101,000,000 shall be 8 available for research and demonstrations under sections 9 1110, 1115, and 1144 of the Social Security Act, and re10 main available through September 30, 2018. 11 For making, after June 15 of the current fiscal year, 12 benefit payments to individuals under title XVI of the So13 cial Security Act, for unanticipated costs incurred for the 14 current fiscal year, such sums as may be necessary. 15 For making benefit payments under title XVI of the 16 Social Security Act for the first quarter of fiscal year 17 2017, $14,500,000,000, to remain available until ex18 pended. 19 20 LIMITATION ON ADMINISTRATIVE EXPENSES For necessary expenses, including the hire of two pas- 21 senger motor vehicles, and not to exceed $20,000 for offi22 cial reception and representation expenses, not more than 23 $10,598,945,000 may be expended, as authorized by sec24 tion 201(g)(1) of the Social Security Act, from any one 25 or all of the trust funds referred to in such section: Pro- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1000 1 vided, That not less than $2,300,000 shall be for the So2 cial Security Advisory Board: Provided further, That, 3 $116,000,000 may be used for the costs associated with 4 conducting continuing disability reviews under titles II 5 and XVI of the Social Security Act and conducting rede6 terminations of eligibility under title XVI of the Social Se7 curity Act: Provided further, That the Commissioner may 8 allocate additional funds under this paragraph above the 9 level specified in the previous proviso for such activities 10 but only to reconcile estimated and actual unit costs for 11 conducting such activities and after notifying the Commit12 tees on Appropriations of the House of Representatives 13 and the Senate at least 15 days in advance of any such 14 reallocation: Provided further, That the acquisition of serv15 ices to conduct and manage representative payee reviews 16 shall be made using full and open competition procedures: 17 Provided further, That, $150,000,000, to remain available 18 until expended, shall be for necessary expenses for the ren19 ovation and modernization of the Arthur J. Altmeyer 20 Building: Provided further, That unobligated balances of 21 funds provided under this paragraph at the end of fiscal 22 year 2016 not needed for fiscal year 2016 shall remain 23 available until expended to invest in the Social Security 24 Administration information technology and telecommuni25 cations hardware and software infrastructure, including December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1001 1 related equipment and non-payroll administrative expenses 2 associated solely with this information technology and tele3 communications infrastructure: Provided further, That the 4 Commissioner of Social Security shall notify the Commit5 tees on Appropriations of the House of Representatives 6 and the Senate prior to making unobligated balances 7 available under the authority in the previous proviso: Pro8 vided further, That reimbursement to the trust funds 9 under this heading for expenditures for official time for 10 employees of the Social Security Administration pursuant 11 to 5 U.S.C. 7131, and for facilities or support services 12 for labor organizations pursuant to policies, regulations, 13 or procedures referred to in section 7135(b) of such title 14 shall be made by the Secretary of the Treasury, with inter15 est, from amounts in the general fund not otherwise ap16 propriated, as soon as possible after such expenditures are 17 made. 18 In addition, for the costs associated with continuing 19 disability reviews under titles II and XVI of the Social 20 Security Act and for the cost associated with conducting 21 redeterminations of eligibility under title XVI of the Social 22 Security Act, $1,426,000,000 may be expended, as au23 thorized by section 201(g)(1) of the Social Security Act, 24 from any one or all of the trust funds referred to therein: 25 Provided, That, of such amount, $273,000,000 is provided December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1002 1 to meet the terms of section 251(b)(2)(B)(ii)(III) of the 2 Balanced Budget and Emergency Deficit Control Act of 3 1985, as amended, and $1,153,000,000 is additional new 4 budget authority specified for purposes of section 5 251(b)(2)(B) of such Act: Provided further, That the Com6 missioner shall provide to the Congress (at the conclusion 7 of the fiscal year) a report on the obligation and expendi8 ture of these funds, similar to the reports that were re9 quired by section 103(d)(2) of Public Law 104–121 for 10 fiscal years 1996 through 2002. 11 In addition, $136,000,000 to be derived from admin- 12 istration fees in excess of $5.00 per supplementary pay13 ment collected pursuant to section 1616(d) of the Social 14 Security Act or section 212(b)(3) of Public Law 93–66, 15 which shall remain available until expended. To the extent 16 that the amounts collected pursuant to such sections in 17 fiscal year 2016 exceed $136,000,000, the amounts shall 18 be available in fiscal year 2017 only to the extent provided 19 in advance in appropriations Acts. 20 In addition, up to $1,000,000 to be derived from fees 21 collected pursuant to section 303(c) of the Social Security 22 Protection Act, which shall remain available until ex23 pended. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1003 1 OFFICE OF INSPECTOR GENERAL 2 (INCLUDING TRANSFER OF FUNDS) 3 For expenses necessary for the Office of Inspector 4 General in carrying out the provisions of the Inspector 5 General Act of 1978, $29,787,000, together with not to 6 exceed $75,713,000, to be transferred and expended as 7 authorized by section 201(g)(1) of the Social Security Act 8 from the Federal Old-Age and Survivors Insurance Trust 9 Fund and the Federal Disability Insurance Trust Fund. 10 In addition, an amount not to exceed 3 percent of 11 the total provided in this appropriation may be transferred 12 from the ‘‘Limitation on Administrative Expenses’’, Social 13 Security Administration, to be merged with this account, 14 to be available for the time and purposes for which this 15 account is available: Provided, That notice of such trans16 fers shall be transmitted promptly to the Committees on 17 Appropriations of the House of Representatives and the 18 Senate at least 15 days in advance of any transfer. 19 TITLE V 20 GENERAL PROVISIONS 21 (TRANSFER OF FUNDS) 22 SEC. 501. The Secretaries of Labor, Health and 23 Human Services, and Education are authorized to transfer 24 unexpended balances of prior appropriations to accounts 25 corresponding to current appropriations provided in this December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1004 1 Act. Such transferred balances shall be used for the same 2 purpose, and for the same periods of time, for which they 3 were originally appropriated. 4 SEC. 502. No part of any appropriation contained in 5 this Act shall remain available for obligation beyond the 6 current fiscal year unless expressly so provided herein. 7 SEC. 503. (a) No part of any appropriation contained 8 in this Act or transferred pursuant to section 4002 of 9 Public Law 111–148 shall be used, other than for normal 10 and recognized executive-legislative relationships, for pub11 licity or propaganda purposes, for the preparation, dis12 tribution, or use of any kit, pamphlet, booklet, publication, 13 electronic communication, radio, television, or video pres14 entation designed to support or defeat the enactment of 15 legislation before the Congress or any State or local legis16 lature or legislative body, except in presentation to the 17 Congress or any State or local legislature itself, or de18 signed to support or defeat any proposed or pending regu19 lation, administrative action, or order issued by the execu20 tive branch of any State or local government, except in 21 presentation to the executive branch of any State or local 22 government itself. 23 (b) No part of any appropriation contained in this 24 Act or transferred pursuant to section 4002 of Public Law 25 111–148 shall be used to pay the salary or expenses of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1005 1 any grant or contract recipient, or agent acting for such 2 recipient, related to any activity designed to influence the 3 enactment of legislation, appropriations, regulation, ad4 ministrative action, or Executive order proposed or pend5 ing before the Congress or any State government, State 6 legislature or local legislature or legislative body, other 7 than for normal and recognized executive-legislative rela8 tionships or participation by an agency or officer of a 9 State, local or tribal government in policymaking and ad10 ministrative processes within the executive branch of that 11 government. 12 (c) The prohibitions in subsections (a) and (b) shall 13 include any activity to advocate or promote any proposed, 14 pending or future Federal, State or local tax increase, or 15 any proposed, pending, or future requirement or restric16 tion on any legal consumer product, including its sale or 17 marketing, including but not limited to the advocacy or 18 promotion of gun control. 19 SEC. 504. The Secretaries of Labor and Education 20 are authorized to make available not to exceed $28,000 21 and $20,000, respectively, from funds available for sala22 ries and expenses under titles I and III, respectively, for 23 official reception and representation expenses; the Direc24 tor of the Federal Mediation and Conciliation Service is 25 authorized to make available for official reception and rep- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1006 1 resentation expenses not to exceed $5,000 from the funds 2 available for ‘‘Federal Mediation and Conciliation Service, 3 Salaries and Expenses’’; and the Chairman of the Na4 tional Mediation Board is authorized to make available for 5 official reception and representation expenses not to ex6 ceed $5,000 from funds available for ‘‘National Mediation 7 Board, Salaries and Expenses’’. 8 SEC. 505. When issuing statements, press releases, 9 requests for proposals, bid solicitations and other docu10 ments describing projects or programs funded in whole or 11 in part with Federal money, all grantees receiving Federal 12 funds included in this Act, including but not limited to 13 State and local governments and recipients of Federal re14 search grants, shall clearly state— 15 (1) the percentage of the total costs of the pro- 16 gram or project which will be financed with Federal 17 money; 18 19 (2) the dollar amount of Federal funds for the project or program; and 20 (3) percentage and dollar amount of the total 21 costs of the project or program that will be financed 22 by non-governmental sources. 23 SEC. 506. (a) None of the funds appropriated in this 24 Act, and none of the funds in any trust fund to which December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1007 1 funds are appropriated in this Act, shall be expended for 2 any abortion. 3 (b) None of the funds appropriated in this Act, and 4 none of the funds in any trust fund to which funds are 5 appropriated in this Act, shall be expended for health ben6 efits coverage that includes coverage of abortion. 7 (c) The term ‘‘health benefits coverage’’ means the 8 package of services covered by a managed care provider 9 or organization pursuant to a contract or other arrange10 ment. 11 SEC. 507. (a) The limitations established in the pre- 12 ceding section shall not apply to an abortion— 13 14 (1) if the pregnancy is the result of an act of rape or incest; or 15 (2) in the case where a woman suffers from a 16 physical disorder, physical injury, or physical illness, 17 including 18 caused by or arising from the pregnancy itself, that 19 would, as certified by a physician, place the woman 20 in danger of death unless an abortion is performed. 21 (b) Nothing in the preceding section shall be con- a life-endangering physical condition 22 strued as prohibiting the expenditure by a State, locality, 23 entity, or private person of State, local, or private funds 24 (other than a State’s or locality’s contribution of Medicaid 25 matching funds). December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1008 1 (c) Nothing in the preceding section shall be con- 2 strued as restricting the ability of any managed care pro3 vider from offering abortion coverage or the ability of a 4 State or locality to contract separately with such a pro5 vider for such coverage with State funds (other than a 6 State’s or locality’s contribution of Medicaid matching 7 funds). 8 (d)(1) None of the funds made available in this Act 9 may be made available to a Federal agency or program, 10 or to a State or local government, if such agency, program, 11 or government subjects any institutional or individual 12 health care entity to discrimination on the basis that the 13 health care entity does not provide, pay for, provide cov14 erage of, or refer for abortions. 15 (2) In this subsection, the term ‘‘health care entity’’ 16 includes an individual physician or other health care pro17 fessional, a hospital, a provider-sponsored organization, a 18 health maintenance organization, a health insurance plan, 19 or any other kind of health care facility, organization, or 20 plan. 21 SEC. 508. (a) None of the funds made available in 22 this Act may be used for— 23 24 December 16, 2015 (1:04 a.m.) (1) the creation of a human embryo or embryos for research purposes; or U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1009 1 (2) research in which a human embryo or em- 2 bryos are destroyed, discarded, or knowingly sub- 3 jected to risk of injury or death greater than that 4 allowed for research on fetuses in utero under 45 5 CFR 46.204(b) and section 498(b) of the Public 6 Health Service Act (42 U.S.C. 289g(b)). 7 (b) For purposes of this section, the term ‘‘human 8 embryo or embryos’’ includes any organism, not protected 9 as a human subject under 45 CFR 46 as of the date of 10 the enactment of this Act, that is derived by fertilization, 11 parthenogenesis, cloning, or any other means from one or 12 more human gametes or human diploid cells. 13 SEC. 509. (a) None of the funds made available in 14 this Act may be used for any activity that promotes the 15 legalization of any drug or other substance included in 16 schedule I of the schedules of controlled substances estab17 lished under section 202 of the Controlled Substances Act 18 except for normal and recognized executive-congressional 19 communications. 20 (b) The limitation in subsection (a) shall not apply 21 when there is significant medical evidence of a therapeutic 22 advantage to the use of such drug or other substance or 23 that federally sponsored clinical trials are being conducted 24 to determine therapeutic advantage. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1010 1 SEC. 510. None of the funds made available in this 2 Act may be used to promulgate or adopt any final stand3 ard under section 1173(b) of the Social Security Act pro4 viding for, or providing for the assignment of, a unique 5 health identifier for an individual (except in an individ6 ual’s capacity as an employer or a health care provider), 7 until legislation is enacted specifically approving the 8 standard. 9 SEC. 511. None of the funds made available in this 10 Act may be obligated or expended to enter into or renew 11 a contract with an entity if— 12 (1) such entity is otherwise a contractor with 13 the United States and is subject to the requirement 14 in 38 U.S.C. 4212(d) regarding submission of an 15 annual report to the Secretary of Labor concerning 16 employment of certain veterans; and 17 (2) such entity has not submitted a report as 18 required by that section for the most recent year for 19 which such requirement was applicable to such enti- 20 ty. 21 SEC. 512. None of the funds made available in this 22 Act may be transferred to any department, agency, or in23 strumentality of the United States Government, except 24 pursuant to a transfer made by, or transfer authority pro25 vided in, this Act or any other appropriation Act. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1011 1 SEC. 513. None of the funds made available by this 2 Act to carry out the Library Services and Technology Act 3 may be made available to any library covered by para4 graph (1) of section 224(f) of such Act, as amended by 5 the Children’s Internet Protection Act, unless such library 6 has made the certifications required by paragraph (4) of 7 such section. 8 SEC. 514. (a) None of the funds provided under this 9 Act, or provided under previous appropriations Acts to the 10 agencies funded by this Act that remain available for obli11 gation or expenditure in fiscal year 2016, or provided from 12 any accounts in the Treasury of the United States derived 13 by the collection of fees available to the agencies funded 14 by this Act, shall be available for obligation or expenditure 15 through a reprogramming of funds that— 16 (1) creates new programs; 17 (2) eliminates a program, project, or activity; 18 (3) increases funds or personnel by any means 19 for any project or activity for which funds have been 20 denied or restricted; 21 (4) relocates an office or employees; 22 (5) reorganizes or renames offices; 23 (6) reorganizes programs or activities; or 24 (7) contracts out or privatizes any functions or 25 activities presently performed by Federal employees; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1012 1 unless the Committees on Appropriations of the House of 2 Representatives and the Senate are consulted 15 days in 3 advance of such reprogramming or of an announcement 4 of intent relating to such reprogramming, whichever oc5 curs earlier, and are notified in writing 10 days in advance 6 of such reprogramming. 7 (b) None of the funds provided under this Act, or 8 provided under previous appropriations Acts to the agen9 cies funded by this Act that remain available for obligation 10 or expenditure in fiscal year 2016, or provided from any 11 accounts in the Treasury of the United States derived by 12 the collection of fees available to the agencies funded by 13 this Act, shall be available for obligation or expenditure 14 through a reprogramming of funds in excess of $500,000 15 or 10 percent, whichever is less, that— 16 17 (1) augments existing programs, projects (including construction projects), or activities; 18 (2) reduces by 10 percent funding for any exist- 19 ing program, project, or activity, or numbers of per- 20 sonnel by 10 percent as approved by Congress; or 21 (3) results from any general savings from a re- 22 duction in personnel which would result in a change 23 in existing programs, activities, or projects as ap- 24 proved by Congress; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1013 1 unless the Committees on Appropriations of the House of 2 Representatives and the Senate are consulted 15 days in 3 advance of such reprogramming or of an announcement 4 of intent relating to such reprogramming, whichever oc5 curs earlier, and are notified in writing 10 days in advance 6 of such reprogramming. 7 SEC. 515. (a) None of the funds made available in 8 this Act may be used to request that a candidate for ap9 pointment to a Federal scientific advisory committee dis10 close the political affiliation or voting history of the can11 didate or the position that the candidate holds with re12 spect to political issues not directly related to and nec13 essary for the work of the committee involved. 14 (b) None of the funds made available in this Act may 15 be used to disseminate information that is deliberately 16 false or misleading. 17 SEC. 516. Within 45 days of enactment of this Act, 18 each department and related agency funded through this 19 Act shall submit an operating plan that details at the pro20 gram, project, and activity level any funding allocations 21 for fiscal year 2016 that are different than those specified 22 in this Act, the accompanying detailed table in the explan23 atory statement described in section 4 (in the matter pre24 ceding division A of this consolidated Act), or the fiscal 25 year 2016 budget request. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1014 1 SEC. 517. The Secretaries of Labor, Health and 2 Human Services, and Education shall each prepare and 3 submit to the Committees on Appropriations of the House 4 of Representatives and the Senate a report on the number 5 and amount of contracts, grants, and cooperative agree6 ments exceeding $500,000 in value and awarded by the 7 Department on a non-competitive basis during each quar8 ter of fiscal year 2016, but not to include grants awarded 9 on a formula basis or directed by law. Such report shall 10 include the name of the contractor or grantee, the amount 11 of funding, the governmental purpose, including a jus12 tification for issuing the award on a non-competitive basis. 13 Such report shall be transmitted to the Committees within 14 30 days after the end of the quarter for which the report 15 is submitted. 16 SEC. 518. None of the funds appropriated in this Act 17 shall be expended or obligated by the Commissioner of So18 cial Security, for purposes of administering Social Security 19 benefit payments under title II of the Social Security Act, 20 to process any claim for credit for a quarter of coverage 21 based on work performed under a social security account 22 number that is not the claimant’s number and the per23 formance of such work under such number has formed the 24 basis for a conviction of the claimant of a violation of sec25 tion 208(a)(6) or (7) of the Social Security Act. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1015 1 SEC. 519. None of the funds appropriated by this Act 2 may be used by the Commissioner of Social Security or 3 the Social Security Administration to pay the compensa4 tion of employees of the Social Security Administration 5 to administer Social Security benefit payments, under any 6 agreement between the United States and Mexico estab7 lishing totalization arrangements between the social secu8 rity system established by title II of the Social Security 9 Act and the social security system of Mexico, which would 10 not otherwise be payable but for such agreement. 11 SEC. 520. Notwithstanding any other provision of 12 this Act, no funds appropriated in this Act shall be used 13 to purchase sterile needles or syringes for the hypodermic 14 injection of any illegal drug: Provided, That such limita15 tion does not apply to the use of funds for elements of 16 a program other than making such purchases if the rel17 evant State or local health department, in consultation 18 with the Centers for Disease Control and Prevention, de19 termines that the State or local jurisdiction, as applicable, 20 is experiencing, or is at risk for, a significant increase in 21 hepatitis infections or an HIV outbreak due to injection 22 drug use, and such program is operating in accordance 23 with State and local law. 24 SEC. 521. (a) None of the funds made available in 25 this Act may be used to maintain or establish a computer December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1016 1 network unless such network blocks the viewing, 2 downloading, and exchanging of pornography. 3 (b) Nothing in subsection (a) shall limit the use of 4 funds necessary for any Federal, State, tribal, or local law 5 enforcement agency or any other entity carrying out crimi6 nal investigations, prosecution, or adjudication activities. 7 SEC. 522. None of the funds made available under 8 this or any other Act, or any prior Appropriations Act, 9 may be provided to the Association of Community Organi10 zations for Reform Now (ACORN), or any of its affiliates, 11 subsidiaries, allied organizations, or successors. 12 SEC. 523. For purposes of carrying out Executive 13 Order 13589, Office of Management and Budget Memo14 randum M–12–12 dated May 11, 2012, and requirements 15 contained in the annual appropriations bills relating to 16 conference attendance and expenditures: 17 18 (1) the operating divisions of HHS shall be considered independent agencies; and 19 (2) attendance at and support for scientific con- 20 ferences shall be tabulated separately from and not 21 included in agency totals. 22 SEC. 524. Federal agencies funded under this Act 23 shall clearly state within the text, audio, or video used for 24 advertising or educational purposes, including emails or 25 Internet postings, that the communication is printed, pub- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1017 1 lished, or produced and disseminated at U.S. taxpayer ex2 pense. The funds used by a Federal agency to carry out 3 this requirement shall be derived from amounts made 4 available to the agency for advertising or other commu5 nications regarding the programs and activities of the 6 agency. 7 SEC. 525. (a) Federal agencies may use Federal dis- 8 cretionary funds that are made available in this Act to 9 carry out up to 10 Performance Partnership Pilots. Such 10 Pilots shall— 11 12 13 14 (1) be designed to improve outcomes for disconnected youth; (2) include communities that have recently experienced civil unrest; and 15 (3) involve Federal programs targeted on dis- 16 connected youth, or designed to prevent youth from 17 disconnecting from school or work, that provide edu- 18 cation, training, employment, and other related so- 19 cial services. Such Pilots shall be governed by the 20 provisions of section 526 of division H of Public 21 Law 113–76, except that in carrying out such Pilots 22 section 526 shall be applied by substituting ‘‘FISCAL 23 YEAR 2016’’ for ‘‘FISCAL YEAR 2014’’ in the title 24 of subsection (b) and by substituting ‘‘September December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1018 1 30, 2020’’ for ‘‘September 30, 2018’’ each place it 2 appears. 3 (b) In addition, Federal agencies may use Federal 4 discretionary funds that are made available in this Act to 5 participate in Performance Partnership Pilots that are 6 being carried out pursuant to the authority provided by 7 section 526 of division H of Public Law 113–76, and sec8 tion 524 of division G of Public Law 113–235: Provided, 9 That new pilots that are being carried out with discre10 tionary funds made available in division G of Public Law 11 113–235 shall include communities that have recently ex12 perienced civil unrest. 13 SEC. 526. Not later than 30 days after the end of 14 each calendar quarter, beginning with the first quarter of 15 fiscal year 2013, the Departments of Labor, Health and 16 Human Services and Education and the Social Security 17 Administration shall provide the Committees on Appro18 priations of the House of Representatives and Senate a 19 quarterly report on the status of balances of appropria20 tions: Provided, That for balances that are unobligated 21 and uncommitted, committed, and obligated but unex22 pended, the quarterly reports shall separately identify the 23 amounts attributable to each source year of appropriation 24 (beginning with fiscal year 2012, or, to the extent feasible, 25 earlier fiscal years) from which balances were derived. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1019 1 SEC. 527. Section 2812(d)(2) of the Public Health 2 Service Act (42 U.S.C. 300hh–11(d)(2)) is amended— 3 (1) by redesignating the three sentences as sub- 4 paragraphs (A), (B), and (C), respectively, and in- 5 denting accordingly; 6 7 8 9 10 11 (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 TRAINING PROGRAMS.—With’’; (4) in subparagraph (C), as so redesignated, by 12 striking ‘‘In’’ and inserting ‘‘RESPONSIBILITY 13 LABOR SECRETARY.—In’’; 14 15 16 TO OF and (5) by adding at the end the following new subparagraphs: ‘‘(D) COMPUTATION OF PAY.—In the event 17 of an injury to such an intermittent disaster re- 18 sponse appointee, the position of the employee 19 shall be deemed to be ‘one which would have af- 20 forded employment for substantially a whole 21 year’, for purposes of section 8114(d)(2) of 22 such title. 23 ‘‘(E) CONTINUATION OF PAY.—The weekly 24 pay of such an employee shall be deemed to be 25 the hourly pay in effect on the date of the in- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1020 1 jury multiplied by 40, for purposes of com- 2 puting benefits under section 8118 of such 3 title.’’. 4 5 (RESCISSION) SEC. 528. Of the funds made available for fiscal year 6 2016 under section 3403 of Public Law 111–148, 7 $15,000,000 are rescinded. 8 SEC. 529. Amounts deposited or available in the 9 Child Enrollment Contingency Fund from appropriations 10 to the Fund under section 2104(n)(2)(A)(i) of the Social 11 Security Act and the income derived from investment of 12 those funds pursuant to 2104(n)(2)(C) of that Act, shall 13 not be available for obligation in this fiscal year. 14 15 (RESCISSION) SEC. 530. Of any available amounts appropriated 16 under section 108 of Public Law 111–3, as amended, 17 $4,678,500,000 are hereby rescinded. 18 This division may be cited as the ‘‘Departments of 19 Labor, Health and Human Services, and Education, and 20 Related Agencies Appropriations Act, 2016’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1021 1 DIVISION I—LEGISLATIVE BRANCH 2 APPROPRIATIONS ACT, 2016 3 TITLE I 4 LEGISLATIVE BRANCH 5 SENATE 6 EXPENSE ALLOWANCES 7 For expense allowances of the Vice President, 8 $18,760; the President Pro Tempore of the Senate, 9 $37,520; Majority Leader of the Senate, $39,920; Minor10 ity Leader of the Senate, $39,920; Majority Whip of the 11 Senate, $9,980; Minority Whip of the Senate, $9,980; 12 Chairmen of the Majority and Minority Conference Com13 mittees, $4,690 for each Chairman; and Chairmen of the 14 Majority and Minority Policy Committees, $4,690 for each 15 Chairman; in all, $174,840. 16 REPRESENTATION ALLOWANCES 17 AND 18 FOR THE MAJORITY MINORITY LEADERS For representation allowances of the Majority and 19 Minority Leaders of the Senate, $14,070 for each such 20 Leader; in all, $28,140. 21 22 SALARIES, OFFICERS AND EMPLOYEES For compensation of officers, employees, and others 23 as authorized by law, including agency contributions, 24 $179,185,311, which shall be paid from this appropriation 25 without regard to the following limitations: December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1022 1 OFFICE OF THE VICE PRESIDENT 2 For the Office of the Vice President, $2,417,248. 3 OFFICE OF THE PRESIDENT PRO TEMPORE 4 For the Office of the President Pro Tempore, 5 $723,466. 6 OFFICES OF THE MAJORITY AND MINORITY LEADERS 7 For Offices of the Majority and Minority Leaders, 8 $5,255,576. 9 OFFICES OF THE MAJORITY AND MINORITY WHIPS 10 For Offices of the Majority and Minority Whips, 11 $3,359,424. 12 COMMITTEE ON APPROPRIATIONS 13 For salaries of the Committee on Appropriations, 14 $15,142,000. 15 CONFERENCE COMMITTEES 16 For the Conference of the Majority and the Con- 17 ference of the Minority, at rates of compensation to be 18 fixed by the Chairman of each such committee, 19 $1,658,000 for each such committee; in all, $3,316,000. 20 OFFICES OF THE SECRETARIES OF THE CONFERENCE OF 21 THE MAJORITY AND THE CONFERENCE OF THE MINORITY 22 For Offices of the Secretaries of the Conference of 23 the Majority and the Conference of the Minority, 24 $817,402. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1023 1 POLICY COMMITTEES 2 For salaries of the Majority Policy Committee and 3 the Minority Policy Committee, $1,692,905 for each such 4 committee; in all, $3,385,810. 5 OFFICE OF THE CHAPLAIN 6 For Office of the Chaplain, $436,886. 7 OFFICE OF THE SECRETARY 8 9 For Office of the Secretary, $24,772,000. OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER 10 For Office of the Sergeant at Arms and Doorkeeper, 11 $69,000,000. 12 OFFICES OF THE SECRETARIES FOR THE MAJORITY AND 13 MINORITY 14 For Offices of the Secretary for the Majority and the 15 Secretary for the Minority, $1,762,000. 16 AGENCY CONTRIBUTIONS AND RELATED EXPENSES 17 For agency contributions for employee benefits, as 18 authorized by law, and related expenses, $48,797,499. 19 OFFICE 20 OF THE LEGISLATIVE COUNSEL OF THE SENATE For salaries and expenses of the Office of the Legisla- 21 tive Counsel of the Senate, $5,408,500. 22 23 OFFICE OF SENATE LEGAL COUNSEL For salaries and expenses of the Office of Senate 24 Legal Counsel, $1,120,000. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1024 1 EXPENSE ALLOWANCES OF THE 2 SENATE, SERGEANT AT 3 THE 4 ITY AND 5 For expense allowances of the Secretary of the Sen- SENATE, AND MINORITY ARMS SECRETARY AND SECRETARIES OF THE OF THE DOORKEEPER FOR THE OF MAJOR- SENATE 6 ate, $7,110; Sergeant at Arms and Doorkeeper of the Sen7 ate, $7,110; Secretary for the Majority of the Senate, 8 $7,110; Secretary for the Minority of the Senate, $7,110; 9 in all, $28,440. 10 CONTINGENT EXPENSES 11 OF THE SENATE INQUIRIES AND INVESTIGATIONS 12 For expenses of inquiries and investigations ordered 13 by the Senate, or conducted under paragraph 1 of rule 14 XXVI of the Standing Rules of the Senate, section 112 15 of the Supplemental Appropriations and Rescission Act, 16 1980 (Public Law 96–304), and Senate Resolution 281, 17 96th Congress, agreed to March 11, 1980, $133,265,000, 18 of which $26,650,000 shall remain available until Sep19 tember 30, 2018. 20 EXPENSES OF THE UNITED STATES SENATE CAUCUS ON 21 INTERNATIONAL NARCOTICS CONTROL 22 For expenses of the United States Senate Caucus on 23 International Narcotics Control, $508,000. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1025 1 SECRETARY OF THE SENATE 2 For expenses of the Office of the Secretary of the 3 Senate, $8,750,000 of which $4,350,000 shall remain 4 available until September 30, 2020 and of which 5 $2,500,000 shall remain available until expended. 6 SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE 7 For expenses of the Office of the Sergeant at Arms 8 and Doorkeeper of the Senate, $130,000,000, which shall 9 remain available until September 30, 2020. 10 MISCELLANEOUS ITEMS 11 For miscellaneous items, $21,390,270 which shall re- 12 main available until September 30, 2018. 13 SENATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE 14 ACCOUNT 15 For Senators’ Official Personnel and Office Expense 16 Account, $390,000,000 of which $19,121,212 shall remain 17 available until September 30, 2018. 18 19 OFFICIAL MAIL COSTS For expenses necessary for official mail costs of the 20 Senate, $300,000. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1026 1 ADMINISTRATIVE PROVISIONS 2 REQUIRING AMOUNTS REMAINING IN SENATORS’ OFFI- 3 CIAL PERSONNEL AND OFFICE EXPENSE ACCOUNT 4 TO BE USED FOR DEFICIT REDUCTION OR TO RE- 5 DUCE THE FEDERAL DEBT 6 SEC. 1. Notwithstanding any other provision of law, 7 any amounts appropriated under this Act under the head8 ing ‘‘SENATE’’ under the heading ‘‘CONTINGENT EX9 10 PENSES OF THE SENATE’’ under the heading ‘‘SENATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE ACCOUNT’’ 11 shall be available for obligation only during the fiscal year 12 or fiscal years for which such amounts are made available. 13 Any unexpended balances under such allowances remain14 ing after the end of the period of availability shall be re15 turned to the Treasury in accordance with the undesig16 nated paragraph under the center heading ‘‘GENERAL 17 PROVISION’’ under chapter XI of the Third Supple18 mental Appropriation Act, 1957 (2 U.S.C. 4107) and used 19 for deficit reduction (or, if there is no Federal budget def20 icit after all such payments have been made, for reducing 21 the Federal debt, in such manner as the Secretary of the 22 Treasury considers appropriate). 23 24 AUTHORITY FOR TRANSFER OF FUNDS SEC. 2. Section 1 of the Legislative Branch Appro- 25 priations Act, 1991 (2 U.S.C. 6153) is amended— December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1027 1 2 3 (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (2) by inserting after subsection (b) the fol- 4 lowing: 5 ‘‘(c)(1) The Chaplain of the Senate may, during any 6 fiscal year, at the election of the Chaplain of the Senate, 7 transfer funds from the appropriation account for salaries 8 for the Office of the Chaplain of the Senate to the account, 9 within the contingent fund of the Senate, from which ex10 penses are payable for the Office of the Chaplain. 11 ‘‘(2) The Chaplain of the Senate may, during any fis- 12 cal year, at the election of the Chaplain of the Senate, 13 transfer funds from the appropriation account for ex14 penses, within the contingent fund of the Senate, for the 15 Office of the Chaplain to the account from which salaries 16 are payable for the Office of the Chaplain of the Senate.’’; 17 (3) in subsection (d), as so redesignated— 18 (A) in paragraph (1), by inserting ‘‘or the 19 Office of the Chaplain of the Senate, as the 20 case may be,’’ after ‘‘such committee’’ each 21 place it appears; and 22 (B) in paragraph (2), by inserting ‘‘or the 23 Chaplain of the Senate, as the case may be,’’ 24 after ‘‘the Chairman’’; and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1028 1 (4) in subsection (e), as so redesignated, by in- 2 serting ‘‘or the Chaplain of the Senate, as the case 3 may be,’’ after ‘‘The Chairman of a committee’’. 4 HOUSE OF REPRESENTATIVES 5 6 SALARIES AND EXPENSES For salaries and expenses of the House of Represent- 7 atives, $1,180,736,000, as follows: 8 9 HOUSE LEADERSHIP OFFICES For salaries and expenses, as authorized by law, 10 $22,278,891, including: Office of the Speaker, 11 $6,645,417, including $25,000 for official expenses of the 12 Speaker; Office of the Majority Floor Leader, $2,180,048, 13 including $10,000 for official expenses of the Majority 14 Leader; Office of the Minority Floor Leader, $7,114,471, 15 including $10,000 for official expenses of the Minority 16 Leader; Office of the Majority Whip, including the Chief 17 Deputy Majority Whip, $1,886,632, including $5,000 for 18 official expenses of the Majority Whip; Office of the Mi19 nority Whip, including the Chief Deputy Minority Whip, 20 $1,459,639, including $5,000 for official expenses of the 21 Minority Whip; Republican Conference, $1,505,426; 22 Democratic Caucus, $1,487,258: Provided, That such 23 amount for salaries and expenses shall remain available 24 from January 3, 2016 until January 2, 2017. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1029 1 MEMBERS’ REPRESENTATIONAL ALLOWANCES 2 INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL 3 EXPENSES 4 For Members’ representational allowances, including OF MEMBERS, AND OFFICIAL MAIL 5 Members’ clerk hire, official expenses, and official mail, 6 $554,317,732. 7 COMMITTEE EMPLOYEES 8 STANDING COMMITTEES, SPECIAL 9 For salaries and expenses of standing committees, AND SELECT 10 special and select, authorized by House resolutions, 11 $123,903,173: Provided, That such amount shall remain 12 available for such salaries and expenses until December 13 31, 2016. 14 15 COMMITTEE ON APPROPRIATIONS For salaries and expenses of the Committee on Ap- 16 propriations, $23,271,004, including studies and examina17 tions of executive agencies and temporary personal serv18 ices for such committee, to be expended in accordance with 19 section 202(b) of the Legislative Reorganization Act of 20 1946 and to be available for reimbursement to agencies 21 for services performed: Provided, That such amount shall 22 remain available for such salaries and expenses until De23 cember 31, 2016. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1030 1 2 SALARIES, OFFICERS AND EMPLOYEES For compensation and expenses of officers and em- 3 ployees, as authorized by law, $178,531,768, including: 4 for salaries and expenses of the Office of the Clerk, includ5 ing the positions of the Chaplain and the Historian, and 6 including not more than $25,000 for official representa7 tion and reception expenses, of which not more than 8 $20,000 is for the Family Room and not more than 9 $2,000 is for the Office of the Chaplain, $24,980,898; for 10 salaries and expenses of the Office of the Sergeant at 11 Arms, including the position of Superintendent of Garages 12 and the Office of Emergency Management, and including 13 not more than $3,000 for official representation and re14 ception expenses, $14,827,120 of which $4,784,229 shall 15 remain available until expended; for salaries and expenses 16 of the Office of the Chief Administrative Officer including 17 not more than $3,000 for official representation and re18 ception expenses, $117,165,000, of which $1,350,000 19 shall remain available until expended; for salaries and ex20 penses of the Office of the Inspector General, $4,741,809; 21 for salaries and expenses of the Office of General Counsel, 22 $1,413,450; for salaries and expenses of the Office of the 23 Parliamentarian, including the Parliamentarian, $2,000 24 for preparing the Digest of Rules, and not more than 25 $1,000 for official representation and reception expenses, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1031 1 $1,974,606; for salaries and expenses of the Office of the 2 Law Revision Counsel of the House, $3,119,766; for sala3 ries and expenses of the Office of the Legislative Counsel 4 of the House, $8,352,975; for salaries and expenses of the 5 Office of Interparliamentary Affairs, $814,069; for other 6 authorized employees, $1,142,075. 7 8 ALLOWANCES AND EXPENSES For allowances and expenses as authorized by House 9 resolution or law, $278,433,432, including: supplies, mate10 rials, administrative costs and Federal tort claims, 11 $3,625,236; official mail for committees, leadership of12 fices, and administrative offices of the House, $190,486; 13 Government contributions for health, retirement, Social 14 Security, and other applicable employee benefits, 15 $251,629,425, to remain available until March 31, 2017; 16 Business Continuity and Disaster Recovery, $16,217,008 17 of which $5,000,000 shall remain available until expended; 18 transition activities for new members and staff, 19 $2,084,000, to remain available until expended; Wounded 20 Warrior Program $2,500,000, to remain available until 21 expended; Office of Congressional Ethics, $1,467,030; and 22 miscellaneous items including purchase, exchange, mainte23 nance, repair and operation of House motor vehicles, 24 interparliamentary receptions, and gratuities to heirs of 25 deceased employees of the House, $720,247. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1032 1 ADMINISTRATIVE PROVISIONS 2 REQUIRING AMOUNTS REMAINING IN MEMBERS’ REP- 3 RESENTATIONAL ALLOWANCES TO BE USED FOR 4 DEFICIT REDUCTION OR TO REDUCE THE FEDERAL 5 DEBT 6 SEC. 101. (a) Notwithstanding any other provision 7 of law, any amounts appropriated under this Act for 8 ‘‘HOUSE OF REPRESENTATIVES—SALARIES 9 EXPENSES—MEMBERS’ 10 ANCES’’ REPRESENTATIONAL AND ALLOW- shall be available only for fiscal year 2016. Any 11 amount remaining after all payments are made under such 12 allowances for fiscal year 2016 shall be deposited in the 13 Treasury and used for deficit reduction (or, if there is no 14 Federal budget deficit after all such payments have been 15 made, for reducing the Federal debt, in such manner as 16 the Secretary of the Treasury considers appropriate). 17 (b) REGULATIONS.—The Committee on House Ad- 18 ministration of the House of Representatives shall have 19 authority to prescribe regulations to carry out this section. 20 (c) DEFINITION.—As used in this section, the term 21 ‘‘Member of the House of Representatives’’ means a Rep22 resentative in, or a Delegate or Resident Commissioner 23 to, the Congress. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1033 1 DELIVERY OF BILLS AND RESOLUTIONS 2 SEC. 102. None of the funds made available in this 3 Act may be used to deliver a printed copy of a bill, joint 4 resolution, or resolution to the office of a Member of the 5 House of Representatives (including a Delegate or Resi6 dent Commissioner to the Congress) unless the Member 7 requests a copy. 8 DELIVERY OF CONGRESSIONAL RECORD 9 SEC. 103. None of the funds made available by this 10 Act may be used to deliver a printed copy of any version 11 of the Congressional Record to the office of a Member of 12 the House of Representatives (including a Delegate or 13 Resident Commissioner to the Congress). 14 LIMITATION ON AMOUNT AVAILABLE TO LEASE VEHICLES 15 SEC. 104. None of the funds made available in this 16 Act may be used by the Chief Administrative Officer of 17 the House of Representatives to make any payments from 18 any Members’ Representational Allowance for the leasing 19 of a vehicle, excluding mobile district offices, in an aggre20 gate amount that exceeds $1,000 for the vehicle in any 21 month. 22 LIMITATION ON PRINTED COPIES OF U.S. CODE TO 23 HOUSE 24 SEC. 105. None of the funds made available by this 25 Act may be used to provide an aggregate number of more December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1034 1 than 50 printed copies of any edition of the United States 2 Code to all offices of the House of Representatives. 3 DELIVERY OF REPORTS OF DISBURSEMENTS 4 SEC. 106. None of the funds made available by this 5 Act may be used to deliver a printed copy of the report 6 of disbursements for the operations of the House of Rep7 resentatives under section 106 of the House of Represent8 atives Administrative Reform Technical Corrections Act 9 (2 U.S.C. 5535) to the office of a Member of the House 10 of Representatives (including a Delegate or Resident Com11 missioner to the Congress). 12 DELIVERY OF DAILY CALENDAR 13 SEC. 107. None of the funds made available by this 14 Act may be used to deliver to the office of a Member of 15 the House of Representatives (including a Delegate or 16 Resident Commissioner to the Congress) a printed copy 17 of the Daily Calendar of the House of Representatives 18 which is prepared by the Clerk of the House of Represent19 atives. 20 DELIVERY OF CONGRESSIONAL PICTORIAL DIRECTORY 21 SEC. 108. None of the funds made available by this 22 Act may be used to deliver a printed copy of the Congres23 sional Pictorial Directory to the office of a Member of the 24 House of Representatives (including a Delegate or Resi25 dent Commissioner to the Congress). December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1035 1 JOINT ITEMS 2 For Joint Committees, as follows: 3 JOINT ECONOMIC COMMITTEE 4 For salaries and expenses of the Joint Economic 5 Committee, $4,203,000, to be disbursed by the Secretary 6 of the Senate. 7 JOINT CONGRESSIONAL COMMITTEE 8 9 CEREMONIES OF ON INAUGURAL 2017 For salaries and expenses associated with conducting 10 the inaugural ceremonies of the President and Vice Presi11 dent of the United States, January 20, 2017, in accord12 ance with such program as may be adopted by the joint 13 congressional committee authorized to conduct the inau14 gural ceremonies of 2017, $1,250,000 to be disbursed by 15 the Secretary of the Senate and to remain available until 16 September 30, 2017: Provided, That funds made available 17 under this heading shall be available for payment, on a 18 direct or reimbursable basis, whether incurred on, before, 19 or after, October 1, 2016: Provided further, That the com20 pensation of any employee of the Committee on Rules and 21 Administration of the Senate who has been designated to 22 perform service with respect to the inaugural ceremonies 23 of 2017 shall continue to be paid by the Committee on 24 Rules and Administration, but the account from which 25 such staff member is paid may be reimbursed for the serv- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1036 1 ices of the staff member out of funds made available under 2 this heading: Provided further, That there are authorized 3 to be paid from the appropriations account for ‘‘Expenses 4 of Inquiries and Investigations’’ of the Senate such sums 5 as may be necessary, without fiscal year limitation, for 6 agency contributions related to the compensation of em7 ployees of the joint congressional committee. 8 9 JOINT COMMITTEE ON TAXATION For salaries and expenses of the Joint Committee on 10 Taxation, $10,095,000, to be disbursed by the Chief Ad11 ministrative Officer of the House of Representatives. 12 13 14 For other joint items, as follows: OFFICE OF THE ATTENDING PHYSICIAN For medical supplies, equipment, and contingent ex- 15 penses of the emergency rooms, and for the Attending 16 Physician and his assistants, including: 17 18 19 20 (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; 21 (3) an allowance of $725 per month each to 22 three medical officers while on duty in the Office of 23 the Attending Physician; 24 (4) an allowance of $725 per month to 2 assist- 25 ants and $580 per month each not to exceed 11 as- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1037 1 sistants on the basis heretofore provided for such as- 2 sistants; and 3 (5) $2,692,000 for reimbursement to the De- 4 partment of the Navy for expenses incurred for staff 5 and equipment assigned to the Office of the Attend- 6 ing Physician, which shall be advanced and credited 7 to the applicable appropriation or appropriations 8 from which such salaries, allowances, and other ex- 9 penses are payable and shall be available for all the 10 purposes thereof, $3,784,000, to be disbursed by the 11 Chief Administrative Officer of the House of Rep- 12 resentatives. 13 OFFICE 14 15 OF CONGRESSIONAL ACCESSIBILITY SERVICES SALARIES AND EXPENSES For salaries and expenses of the Office of Congres- 16 sional Accessibility Services, $1,400,000, to be disbursed 17 by the Secretary of the Senate. 18 CAPITOL POLICE 19 SALARIES 20 For salaries of employees of the Capitol Police, in- 21 cluding overtime, hazardous duty pay, and Government 22 contributions for health, retirement, social security, pro23 fessional liability insurance, and other applicable employee 24 benefits, $309,000,000 of which overtime shall not exceed 25 $30,928,000 unless the Committee on Appropriations of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1038 1 the House and Senate are notified, to be disbursed by the 2 Chief of the Capitol Police or his designee. 3 4 GENERAL EXPENSES For necessary expenses of the Capitol Police, includ- 5 ing motor vehicles, communications and other equipment, 6 security equipment and installation, uniforms, weapons, 7 supplies, materials, training, medical services, forensic 8 services, stenographic services, personal and professional 9 services, the employee assistance program, the awards pro10 gram, postage, communication services, travel advances, 11 relocation of instructor and liaison personnel for the Fed12 eral Law Enforcement Training Center, and not more 13 than $5,000 to be expended on the certification of the 14 Chief of the Capitol Police in connection with official rep15 resentation and reception expenses, $66,000,000, to be 16 disbursed by the Chief of the Capitol Police or his des17 ignee: Provided, That, notwithstanding any other provi18 sion of law, the cost of basic training for the Capitol Police 19 at the Federal Law Enforcement Training Center for fis20 cal year 2016 shall be paid by the Secretary of Homeland 21 Security from funds available to the Department of Home22 land Security. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1039 1 ADMINISTRATIVE PROVISION 2 DEPOSIT OF REIMBURSEMENTS FOR LAW ENFORCEMENT 3 ASSISTANCE 4 SEC. 1001. (a) IN GENERAL.—Section 2802(a)(1) of 5 the Supplemental Appropriations Act, 2001 (2 U.S.C. 6 1905(a)(1)) is amended by striking ‘‘District of Colum7 bia)’’ and inserting the following: ‘‘District of Columbia), 8 and from any other source in the case of assistance pro9 vided in connection with an activity that was not spon10 sored by Congress’’. 11 (b) CONFORMING AMENDMENT.—Section 2802(a)(2) 12 of such Act (2 U.S.C. 1905(a)(2)) is amended by striking 13 ‘‘law enforcement assistance to any Federal, State, or local 14 government agency (including any agency of the District 15 of Columbia)’’ and inserting ‘‘any law enforcement assist16 ance for which reimbursement described in paragraph (1) 17 is made’’. 18 (c) EFFECTIVE DATE.—The amendments made by 19 this section shall only apply with respect to any reimburse20 ment received before, on, or after the date of the enact21 ment of the Act. 22 23 24 OFFICE OF COMPLIANCE SALARIES AND EXPENSES For salaries and expenses of the Office of Compli- 25 ance, as authorized by section 305 of the Congressional December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1040 1 Accountability Act of 1995 (2 U.S.C. 1385), $3,959,000, 2 of which $450,000 shall remain available until September 3 30, 2017: Provided, That not more than $500 may be ex4 pended on the certification of the Executive Director of 5 the Office of Compliance in connection with official rep6 resentation and reception expenses. 7 8 9 CONGRESSIONAL BUDGET OFFICE SALARIES AND EXPENSES For salaries and expenses necessary for operation of 10 the Congressional Budget Office, including not more than 11 $6,000 to be expended on the certification of the Director 12 of the Congressional Budget Office in connection with offi13 cial representation and reception expenses, $46,500,000. 14 15 16 ARCHITECT OF THE CAPITOL CAPITAL CONSTRUCTION AND OPERATIONS For salaries for the Architect of the Capitol, and 17 other personal services, at rates of pay provided by law; 18 for all necessary expenses for surveys and studies, con19 struction, operation, and general and administrative sup20 port in connection with facilities and activities under the 21 care of the Architect of the Capitol including the Botanic 22 Garden; electrical substations of the Capitol, Senate and 23 House office buildings, and other facilities under the juris24 diction of the Architect of the Capitol; including fur25 nishings and office equipment; including not more than December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1041 1 $5,000 for official reception and representation expenses, 2 to be expended as the Architect of the Capitol may ap3 prove; for purchase or exchange, maintenance, and oper4 ation of a passenger motor vehicle, $91,589,000. 5 6 CAPITOL BUILDING For all necessary expenses for the maintenance, care 7 and operation of the Capitol, $46,737,000, of which 8 $22,737,000 shall remain available until September 30, 9 2020. 10 11 CAPITOL GROUNDS For all necessary expenses for care and improvement 12 of grounds surrounding the Capitol, the Senate and House 13 office buildings, and the Capitol Power Plant, 14 $11,880,000, of which $2,000,000 shall remain available 15 until September 30, 2020. 16 17 SENATE OFFICE BUILDINGS For all necessary expenses for the maintenance, care 18 and operation of Senate office buildings; and furniture and 19 furnishings to be expended under the control and super20 vision of the Architect of the Capitol, $84,221,000, of 21 which $26,283,000 shall remain available until September 22 30, 2020. 23 24 25 and December 16, 2015 (1:04 a.m.) HOUSE OFFICE BUILDINGS For all necessary expenses for the maintenance, care operation of the House office buildings, U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1042 1 $174,962,000, of which $48,885,000 shall remain avail2 able until September 30, 2020, and of which $62,000,000 3 shall remain available until expended for the restoration 4 and renovation of the Cannon House Office Building. 5 In addition, for a payment to the House Historic 6 Buildings Revitalization Trust Fund, $10,000,000, to re7 main available until expended. 8 9 CAPITOL POWER PLANT For all necessary expenses for the maintenance, care 10 and operation of the Capitol Power Plant; lighting, heat11 ing, power (including the purchase of electrical energy) 12 and water and sewer services for the Capitol, Senate and 13 House office buildings, Library of Congress buildings, and 14 the grounds about the same, Botanic Garden, Senate ga15 rage, and air conditioning refrigeration not supplied from 16 plants in any of such buildings; heating the Government 17 Publishing Office and Washington City Post Office, and 18 heating and chilled water for air conditioning for the Su19 preme Court Building, the Union Station complex, the 20 Thurgood Marshall Federal Judiciary Building and the 21 Folger Shakespeare Library, expenses for which shall be 22 advanced or reimbursed upon request of the Architect of 23 the Capitol and amounts so received shall be deposited 24 into the Treasury to the credit of this appropriation, 25 $94,722,499, of which $17,581,499 shall remain available December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1043 1 until September 30, 2020: Provided, That not more than 2 $9,000,000 of the funds credited or to be reimbursed to 3 this appropriation as herein provided shall be available for 4 obligation during fiscal year 2016. 5 6 LIBRARY BUILDINGS AND GROUNDS For all necessary expenses for the mechanical and 7 structural maintenance, care and operation of the Library 8 buildings and grounds, $40,689,000, of which 9 $15,746,000 shall remain available until September 30, 10 2020. 11 CAPITOL POLICE BUILDINGS, GROUNDS, 12 AND SECURITY For all necessary expenses for the maintenance, care 13 and operation of buildings, grounds and security enhance14 ments of the United States Capitol Police, wherever lo15 cated, the Alternate Computer Facility, and AOC security 16 operations, $25,434,000, of which $7,901,000 shall re17 main available until September 30, 2020. 18 19 BOTANIC GARDEN For all necessary expenses for the maintenance, care 20 and operation of the Botanic Garden and the nurseries, 21 buildings, grounds, and collections; and purchase and ex22 change, maintenance, repair, and operation of a passenger 23 motor vehicle; all under the direction of the Joint Com24 mittee on the Library, $12,113,000, of which $2,100,000 25 shall remain available until September 30, 2020: Provided, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1044 1 That, of the amount made available under this heading, 2 the Architect of the Capitol may obligate and expend such 3 sums as may be necessary for the maintenance, care and 4 operation of the National Garden established under sec5 tion 307E of the Legislative Branch Appropriations Act, 6 1989 (2 U.S.C. 2146), upon vouchers approved by the Ar7 chitect of the Capitol or a duly authorized designee. 8 CAPITOL VISITOR CENTER 9 For all necessary expenses for the operation of the 10 Capitol Visitor Center, $20,557,000. 11 ADMINISTRATIVE PROVISIONS 12 NO BONUSES FOR CONTRACTORS BEHIND SCHEDULE OR 13 OVER BUDGET 14 SEC. 1101. None of the funds made available in this 15 Act for the Architect of the Capitol may be used to make 16 incentive or award payments to contractors for work on 17 contracts or programs for which the contractor is behind 18 schedule or over budget, unless the Architect of the Cap19 itol, or agency-employed designee, determines that any 20 such deviations are due to unforeseeable events, govern21 ment-driven scope changes, or are not significant within 22 the overall scope of the project and/or program. 23 24 SCRIMS SEC. 1102. None of the funds made available by this 25 Act may be used for scrims containing photographs of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1045 1 building facades during restoration or construction 2 projects performed by the Architect of the Capitol. 3 4 ACQUISITION OF PARCEL AT FORT MEADE SEC. 1103. (a) ACQUISITION.—The Architect of the 5 Capitol is authorized to acquire from the Maryland State 6 Highway Administration, at no cost to the United States, 7 a parcel of real property (including improvements thereon) 8 consisting of approximately 7.34 acres located within the 9 portion of Fort George G. Meade in Anne Arundel County, 10 Maryland, that was transferred to the Architect of the 11 Capitol by the Secretary of the Army pursuant to section 12 122 of the Military Construction Appropriations Act, 1994 13 (2 U.S.C. 141 note). 14 (b) TERMS AND CONDITIONS.—The terms and condi- 15 tions applicable under subsections (b) and (d) of section 16 122 of the Military Construction Appropriations Act, 1994 17 (2 U.S.C. 141 note) to the property acquired by the Archi18 tect of the Capitol pursuant to such section shall apply 19 to the real property acquired by the Architect pursuant 20 to the authority of this section. 21 22 23 LIBRARY OF CONGRESS SALARIES AND EXPENSES For all necessary expenses of the Library of Congress 24 not otherwise provided for, including development and 25 maintenance of the Library’s catalogs; custody and custo- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1046 1 dial care of the Library buildings; special clothing; clean2 ing, laundering and repair of uniforms; preservation of 3 motion pictures in the custody of the Library; operation 4 and maintenance of the American Folklife Center in the 5 Library; preparation and distribution of catalog records 6 and other publications of the Library; hire or purchase 7 of one passenger motor vehicle; and expenses of the Li8 brary of Congress Trust Fund Board not properly charge9 able to the income of any trust fund held by the Board, 10 $425,971,000, of which not more than $6,000,000 shall 11 be derived from collections credited to this appropriation 12 during fiscal year 2016, and shall remain available until 13 expended, under the Act of June 28, 1902 (chapter 1301; 14 32 Stat. 480; 2 U.S.C. 150) and not more than $350,000 15 shall be derived from collections during fiscal year 2016 16 and shall remain available until expended for the develop17 ment and maintenance of an international legal informa18 tion database and activities related thereto: Provided, 19 That the Library of Congress may not obligate or expend 20 any funds derived from collections under the Act of June 21 28, 1902, in excess of the amount authorized for obliga22 tion or expenditure in appropriations Acts: Provided fur23 ther, That the total amount available for obligation shall 24 be reduced by the amount by which collections are less 25 than $6,350,000: Provided further, That, of the total December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1047 1 amount appropriated, not more than $12,000 may be ex2 pended, on the certification of the Librarian of Congress, 3 in connection with official representation and reception ex4 penses for the Overseas Field Offices: Provided further, 5 That of the total amount appropriated, $8,231,000 shall 6 remain available until expended for the digital collections 7 and educational curricula program: Provided further, 8 That, of the total amount appropriated, $1,300,000 shall 9 remain available until expended for upgrade of the Legis10 lative Branch Financial Management System. 11 COPYRIGHT OFFICE 12 SALARIES AND EXPENSES 13 For all necessary expenses of the Copyright Office, 14 $58,875,000, of which not more than $30,000,000, to re15 main available until expended, shall be derived from collec16 tions credited to this appropriation during fiscal year 2016 17 under section 708(d) of title 17, United States Code: Pro18 vided, That the Copyright Office may not obligate or ex19 pend any funds derived from collections under such sec20 tion, in excess of the amount authorized for obligation or 21 expenditure in appropriations Acts: Provided further, That 22 not more than $5,777,000 shall be derived from collections 23 during fiscal year 2016 under sections 111(d)(2), 24 119(b)(3), 803(e), 1005, and 1316 of such title: Provided 25 further, That the total amount available for obligation December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1048 1 shall be reduced by the amount by which collections are 2 less than $35,777,000: Provided further, That not more 3 than $100,000 of the amount appropriated is available for 4 the maintenance of an ‘‘International Copyright Institute’’ 5 in the Copyright Office of the Library of Congress for the 6 purpose of training nationals of developing countries in 7 intellectual property laws and policies: Provided further, 8 That not more than $6,500 may be expended, on the cer9 tification of the Librarian of Congress, in connection with 10 official representation and reception expenses for activities 11 of the International Copyright Institute and for copyright 12 delegations, visitors, and seminars: Provided further, That, 13 notwithstanding any provision of chapter 8 of title 17, 14 United States Code, any amounts made available under 15 this heading which are attributable to royalty fees and 16 payments received by the Copyright Office pursuant to 17 sections 111, 119, and chapter 10 of such title may be 18 used for the costs incurred in the administration of the 19 Copyright Royalty Judges program, with the exception of 20 the costs of salaries and benefits for the Copyright Royalty 21 Judges and staff under section 802(e). 22 CONGRESSIONAL RESEARCH SERVICE 23 SALARIES AND EXPENSES 24 For all necessary expenses to carry out the provisions 25 of section 203 of the Legislative Reorganization Act of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1049 1 1946 (2 U.S.C. 166) and to revise and extend the Anno2 tated Constitution of the United States of America, 3 $106,945,000: Provided, That no part of such amount 4 may be used to pay any salary or expense in connection 5 with any publication, or preparation of material therefor 6 (except the Digest of Public General Bills), to be issued 7 by the Library of Congress unless such publication has 8 obtained prior approval of either the Committee on House 9 Administration of the House of Representatives or the 10 Committee on Rules and Administration of the Senate. 11 BOOKS FOR THE 12 BLIND AND PHYSICALLY HANDICAPPED SALARIES AND EXPENSES 13 For all necessary expenses to carry out the Act of 14 March 3, 1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 15 135a), $50,248,000: Provided, That of the total amount 16 appropriated, $650,000 shall be available to contract to 17 provide newspapers to blind and physically handicapped 18 residents at no cost to the individual. 19 ADMINISTRATIVE PROVISIONS 20 REIMBURSABLE AND REVOLVING FUND ACTIVITIES 21 SEC. 1201. (a) IN GENERAL.—For fiscal year 2016, 22 the obligational authority of the Library of Congress for 23 the activities described in subsection (b) may not exceed 24 $186,015,000. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1050 1 (b) ACTIVITIES.—The activities referred to in sub- 2 section (a) are reimbursable and revolving fund activities 3 that are funded from sources other than appropriations 4 to the Library in appropriations Acts for the legislative 5 branch. 6 LIBRARIAN OF CONGRESS EMERITUS 7 8 SEC. 1202. (a) DESIGNATION OF JAMES BILLINGTON AS LIBRARIAN OF CONGRESS EMERITUS.—As an hon- 9 orary designation, James H. Billington, upon leaving serv10 ice as the Librarian of Congress, may be known as the 11 Librarian of Congress Emeritus. 12 (b) NO APPOINTMENT 13 AVAILABILITY OF TO GOVERNMENT SERVICE; INCIDENTAL SUPPORT.—The honorary 14 designation under this section does not constitute an ap15 pointment to a position in the Federal Government under 16 title 5, United States Code. Notwithstanding the previous 17 sentence, in connection with his activities as Librarian of 18 Congress Emeritus, James H. Billington may receive inci19 dental administrative and clerical support through the Li20 brary of Congress. 21 GOVERNMENT PUBLISHING OFFICE 22 CONGRESSIONAL PUBLISHING 23 (INCLUDING TRANSFER OF FUNDS) 24 For authorized publishing of congressional informa- 25 tion and the distribution of congressional information in December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1051 1 any format; expenses necessary for preparing the semi2 monthly and session index to the Congressional Record, 3 as authorized by law (section 902 of title 44, United 4 States Code); publishing of Government publications au5 thorized by law to be distributed to Members of Congress; 6 and publishing, and distribution of Government publica7 tions authorized by law to be distributed without charge 8 to the recipient, $79,736,000: Provided, That this appro9 priation shall not be available for paper copies of the per10 manent edition of the Congressional Record for individual 11 Representatives, Resident Commissioners or Delegates au12 thorized under section 906 of title 44, United States Code: 13 Provided further, That this appropriation shall be available 14 for the payment of obligations incurred under the appro15 priations for similar purposes for preceding fiscal years: 16 Provided further, That notwithstanding the 2-year limita17 tion under section 718 of title 44, United States Code, 18 none of the funds appropriated or made available under 19 this Act or any other Act for printing and binding and 20 related services provided to Congress under chapter 7 of 21 title 44, United States Code, may be expended to print 22 a document, report, or publication after the 27-month pe23 riod beginning on the date that such document, report, 24 or publication is authorized by Congress to be printed, un25 less Congress reauthorizes such printing in accordance December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1052 1 with section 718 of title 44, United States Code: Provided 2 further, That any unobligated or unexpended balances in 3 this account or accounts for similar purposes for preceding 4 fiscal years may be transferred to the Government Pub5 lishing Office Business Operations Revolving Fund for 6 carrying out the purposes of this heading, subject to the 7 approval of the Committees on Appropriations of the 8 House of Representatives and Senate: Provided further, 9 That notwithstanding sections 901, 902, and 906 of title 10 44, United States Code, this appropriation may be used 11 to prepare indexes to the Congressional Record on only 12 a monthly and session basis. 13 14 PUBLIC INFORMATION PROGRAMS SUPERINTENDENT OF OF THE DOCUMENTS 15 SALARIES AND EXPENSES 16 (INCLUDING TRANSFER OF FUNDS) 17 For expenses of the public information programs of 18 the Office of Superintendent of Documents necessary to 19 provide for the cataloging and indexing of Government 20 publications and their distribution to the public, Members 21 of Congress, other Government agencies, and designated 22 depository and international exchange libraries as author23 ized by law, $30,500,000: Provided, That amounts of not 24 more than $2,000,000 from current year appropriations 25 are authorized for producing and disseminating Congres- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1053 1 sional serial sets and other related publications for fiscal 2 years 2014 and 2015 to depository and other designated 3 libraries: Provided further, That any unobligated or unex4 pended balances in this account or accounts for similar 5 purposes for preceding fiscal years may be transferred to 6 the Government Publishing Office Business Operations 7 Revolving Fund for carrying out the purposes of this head8 ing, subject to the approval of the Committees on Appro9 priations of the House of Representatives and Senate. 10 GOVERNMENT PUBLISHING OFFICE BUSINESS 11 OPERATIONS REVOLVING FUND 12 For payment to the Government Publishing Office 13 Business Operations Revolving Fund, $6,832,000, to re14 main available until expended, for information technology 15 development and facilities repair: Provided, That the Gov16 ernment Publishing Office is hereby authorized to make 17 such expenditures, within the limits of funds available and 18 in accordance with law, and to make such contracts and 19 commitments without regard to fiscal year limitations as 20 provided by section 9104 of title 31, United States Code, 21 as may be necessary in carrying out the programs and 22 purposes set forth in the budget for the current fiscal year 23 for the Government Publishing Office Business Operations 24 Revolving Fund: Provided further, That not more than 25 $7,500 may be expended on the certification of the Direc- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1054 1 tor of the Government Publishing Office in connection 2 with official representation and reception expenses: Pro3 vided further, That the business operations revolving fund 4 shall be available for the hire or purchase of not more than 5 12 passenger motor vehicles: Provided further, That ex6 penditures in connection with travel expenses of the advi7 sory councils to the Director of the Government Pub8 lishing Office shall be deemed necessary to carry out the 9 provisions of title 44, United States Code: Provided fur10 ther, That the business operations revolving fund shall be 11 available for temporary or intermittent services under sec12 tion 3109(b) of title 5, United States Code, but at rates 13 for individuals not more than the daily equivalent of the 14 annual rate of basic pay for level V of the Executive 15 Schedule under section 5316 of such title: Provided fur16 ther, That activities financed through the business oper17 ations revolving fund may provide information in any for18 mat: Provided further, That the business operations revolv19 ing fund and the funds provided under the heading ‘‘Pub20 lic Information Programs of the Superintendent of Docu21 ments’’ may not be used for contracted security services 22 at GPO’s passport facility in the District of Columbia. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1055 1 2 3 GOVERNMENT ACCOUNTABILITY OFFICE SALARIES AND EXPENSES For necessary expenses of the Government Account- 4 ability Office, including not more than $12,500 to be ex5 pended on the certification of the Comptroller General of 6 the United States in connection with official representa7 tion and reception expenses; temporary or intermittent 8 services under section 3109(b) of title 5, United States 9 Code, but at rates for individuals not more than the daily 10 equivalent of the annual rate of basic pay for level IV of 11 the Executive Schedule under section 5315 of such title; 12 hire of one passenger motor vehicle; advance payments in 13 foreign countries in accordance with section 3324 of title 14 31, United States Code; benefits comparable to those pay15 able under sections 901(5), (6), and (8) of the Foreign 16 Service Act of 1980 (22 U.S.C. 4081(5), (6), and (8)); 17 and under regulations prescribed by the Comptroller Gen18 eral of the United States, rental of living quarters in for19 eign countries, $531,000,000: Provided, That, in addition, 20 $25,450,000 of payments received under sections 782, 21 791, 3521, and 9105 of title 31, United States Code, shall 22 be available without fiscal year limitation: Provided fur23 ther, That this appropriation and appropriations for ad24 ministrative expenses of any other department or agency 25 which is a member of the National Intergovernmental December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1056 1 Audit Forum or a Regional Intergovernmental Audit 2 Forum shall be available to finance an appropriate share 3 of either Forum’s costs as determined by the respective 4 Forum, including necessary travel expenses of non-Federal 5 participants: Provided further, That payments hereunder 6 to the Forum may be credited as reimbursements to any 7 appropriation from which costs involved are initially fi8 nanced. 9 10 11 ADMINISTRATIVE PROVISION FEDERAL GOVERNMENT DETAILS SEC. 1301. (a) PERMITTING DETAILS FROM OTHER 12 FEDERAL OFFICES.—Section 731 of title 31, United 13 States Code, is amended by adding at the end the fol14 lowing new subsection: 15 ‘‘(k) FEDERAL GOVERNMENT DETAILS.—The activi- 16 ties of the Government Accountability Office may, in the 17 reasonable discretion of the Comptroller General, be car18 ried out by receiving details of personnel from other offices 19 of the Federal Government on a reimbursable, partially20 reimbursable, or nonreimbursable basis.’’. 21 (b) EFFECTIVE DATE.—The amendment made by 22 subsection (a) shall apply with respect to fiscal year 2016 23 and each succeeding fiscal year. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1057 1 OPEN WORLD LEADERSHIP CENTER TRUST 2 FUND 3 For a payment to the Open World Leadership Center 4 Trust Fund for financing activities of the Open World 5 Leadership Center under section 313 of the Legislative 6 Branch Appropriations Act, 2001 (2 U.S.C. 1151), 7 $5,600,000: Provided, That funds made available to sup8 port Russian participants shall only be used for those en9 gaging in free market development, humanitarian activi10 ties, and civic engagement, and shall not be used for offi11 cials of the central government of Russia. 12 JOHN C. STENNIS CENTER FOR PUBLIC 13 SERVICE TRAINING AND DEVELOPMENT 14 For payment to the John C. Stennis Center for Pub- 15 lic Service Development Trust Fund established under 16 section 116 of the John C. Stennis Center for Public Serv17 ice Training and Development Act (2 U.S.C. 1105), 18 $430,000. 19 TITLE II 20 GENERAL PROVISIONS 21 MAINTENANCE AND CARE OF PRIVATE VEHICLES 22 SEC. 201. No part of the funds appropriated in this 23 Act shall be used for the maintenance or care of private 24 vehicles, except for emergency assistance and cleaning as 25 may be provided under regulations relating to parking fa- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1058 1 cilities for the House of Representatives issued by the 2 Committee on House Administration and for the Senate 3 issued by the Committee on Rules and Administration. 4 5 FISCAL YEAR LIMITATION SEC. 202. No part of the funds appropriated in this 6 Act shall remain available for obligation beyond fiscal year 7 2016 unless expressly so provided in this Act. 8 9 RATES OF COMPENSATION AND DESIGNATION SEC. 203. Whenever in this Act any office or position 10 not specifically established by the Legislative Pay Act of 11 1929 (46 Stat. 32 et seq.) is appropriated for or the rate 12 of compensation or designation of any office or position 13 appropriated for is different from that specifically estab14 lished by such Act, the rate of compensation and the des15 ignation in this Act shall be the permanent law with re16 spect thereto: Provided, That the provisions in this Act 17 for the various items of official expenses of Members, offi18 cers, and committees of the Senate and House of Rep19 resentatives, and clerk hire for Senators and Members of 20 the House of Representatives shall be the permanent law 21 with respect thereto. 22 23 CONSULTING SERVICES SEC. 204. The expenditure of any appropriation 24 under this Act for any consulting service through procure25 ment contract, under section 3109 of title 5, United States December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1059 1 Code, shall be limited to those contracts where such ex2 penditures are a matter of public record and available for 3 public inspection, except where otherwise provided under 4 existing law, or under existing Executive order issued 5 under existing law. 6 7 COSTS OF LBFMC SEC. 205. Amounts available for administrative ex- 8 penses of any legislative branch entity which participates 9 in the Legislative Branch Financial Managers Council 10 (LBFMC) established by charter on March 26, 1996, shall 11 be available to finance an appropriate share of LBFMC 12 costs as determined by the LBFMC, except that the total 13 LBFMC costs to be shared among all participating legisla14 tive branch entities (in such allocations among the entities 15 as the entities may determine) may not exceed $2,000. 16 17 LANDSCAPE MAINTENANCE SEC. 206. For fiscal year 2016 and each fiscal year 18 thereafter, the Architect of the Capitol, in consultation 19 with the District of Columbia, is authorized to maintain 20 and improve the landscape features, excluding streets, in 21 Square 580 up to the beginning of I–395. 22 23 LIMITATION ON TRANSFERS SEC. 207. None of the funds made available in this 24 Act may be transferred to any department, agency, or in25 strumentality of the United States Government, except December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1060 1 pursuant to a transfer made by, or transfer authority pro2 vided in, this Act or any other appropriation Act. 3 GUIDED TOURS OF THE CAPITOL 4 SEC. 208. (a) Except as provided in subsection (b), 5 none of the funds made available to the Architect of the 6 Capitol in this Act may be used to eliminate or restrict 7 guided tours of the United States Capitol which are led 8 by employees and interns of offices of Members of Con9 gress and other offices of the House of Representatives 10 and Senate. 11 (b) At the direction of the Capitol Police Board, or 12 at the direction of the Architect of the Capitol with the 13 approval of the Capitol Police Board, guided tours of the 14 United States Capitol which are led by employees and in15 terns described in subsection (a) may be suspended tempo16 rarily or otherwise subject to restriction for security or re17 lated reasons to the same extent as guided tours of the 18 United States Capitol which are led by the Architect of 19 the Capitol. 20 BATTERY RECHARGING STATIONS FOR PRIVATELY OWNED 21 VEHICLES IN PARKING AREAS UNDER THE JURISDIC- 22 TION OF THE LIBRARIAN OF CONGRESS AT NO NET 23 COST TO THE FEDERAL GOVERNMENT 24 SEC. 209. (a) DEFINITION.—In this section, the term 25 ‘‘covered employee’’ means— December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1061 1 (1) an employee of the Library of Congress; or 2 (2) any other individual who is authorized to 3 park in any parking area under the jurisdiction of 4 the Library of Congress on the Library of Congress 5 buildings and grounds. 6 (b) AUTHORITY.— 7 (1) IN GENERAL.—Subject to paragraph (3), 8 funds appropriated to the Architect of the Capitol 9 under the heading ‘‘Capitol Power Plant’’ under the 10 heading ‘‘ARCHITECT OF THE CAPITOL’’ in 11 any fiscal year are available to construct, operate, 12 and maintain on a reimbursable basis battery re- 13 charging stations in parking areas under the juris- 14 diction of the Library of Congress on Library of 15 Congress buildings and grounds for use by privately 16 owned vehicles used by covered employees. 17 (2) VENDORS AUTHORIZED.—In carrying out 18 paragraph (1), the Architect of the Capitol may use 19 one or more vendors on a commission basis. 20 (3) APPROVAL OF CONSTRUCTION.—The Archi- 21 tect of the Capitol may construct or direct the con- 22 struction of battery recharging stations described 23 under paragraph (1) after— 24 (A) submission of written notice detailing 25 the numbers and locations of the battery re- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1062 1 charging stations to the Joint Committee on the 2 Library; and 3 (B) approval by that Committee. 4 (c) FEES AND CHARGES.— 5 (1) IN GENERAL.—Subject to paragraph (2), 6 the Architect of the Capitol shall charge fees or 7 charges for electricity provided to covered employees 8 sufficient to cover the costs to the Architect of the 9 Capitol to carry out this section, including costs to 10 any vendors or other costs associated with maintain- 11 ing the battery charging stations. 12 (2) APPROVAL OF FEES OR CHARGES.—The Ar- 13 chitect of the Capitol may establish and adjust fees 14 or charges under paragraph (1) after— 15 (A) submission of written notice detailing 16 the amount of the fee or charge to be estab- 17 lished or adjusted to the Joint Committee on 18 the Library; and 19 (B) approval by that Committee. 20 (d) DEPOSIT AND AVAILABILITY OF FEES, CHARGES, 21 AND COMMISSIONS.—Any fees, charges, or commissions 22 collected by the Architect of the Capitol under this section 23 shall be— December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1063 1 (1) deposited in the Treasury to the credit of 2 the appropriations account described under sub- 3 section (b); and 4 (2) available for obligation without further ap- 5 propriation during the fiscal year collected. 6 (e) REPORTS.— 7 (1) IN GENERAL.—Not later than 30 days after 8 the end of each fiscal year, the Architect of the Cap- 9 itol shall submit a report on the financial adminis- 10 tration and cost recovery of activities under this sec- 11 tion with respect to that fiscal year to the Joint 12 Committee on the Library and the Committees on 13 Appropriations of the House of Representatives and 14 Senate. 15 (2) AVOIDING SUBSIDY.— 16 (A) DETERMINATION.—Not later than 3 17 years after the date of enactment of this Act 18 and every 3 years thereafter, the Architect of 19 the Capitol shall submit a report to the Joint 20 Committee on the Library determining whether 21 covered employees using battery charging sta- 22 tions as authorized by this section are receiving 23 a subsidy from the taxpayers. 24 25 December 16, 2015 (1:04 a.m.) (B) FEES.—If MODIFICATION OF RATES AND a determination is made under sub- U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1064 1 paragraph (A) that a subsidy is being received, 2 the Architect of the Capitol shall submit a plan 3 to the Joint Committee on the Library on how 4 to update the program to ensure no subsidy is 5 being received. If the Joint Committee does not 6 act on the plan within 60 days, the Architect of 7 the Capitol shall take appropriate steps to in- 8 crease rates or fees to ensure reimbursement 9 for the cost of the program consistent with an 10 appropriate schedule for amortization, to be 11 charged to those using the charging stations. 12 (f) EFFECTIVE DATE.—This section shall apply with 13 respect to fiscal year 2016 and each fiscal year thereafter. 14 SELF-CERTIFICATION OF PERFORMANCE APPRAISAL 15 SYSTEMS FOR SENIOR-LEVEL EMPLOYEES 16 SEC. 210. (a) SELF-CERTIFICATION 17 OF 18 TOR OF BY LIBRARIAN CONGRESS, ARCHITECT OF THE CAPITOL, AND DIRECGOVERNMENT PUBLISHING OFFICE.—Section 19 5307(d) of title 5, United States Code, is amended— 20 (1) in paragraph (1)(A), by striking ‘‘this title 21 or section 332(f), 603, or 604 of title 28’’ and in- 22 serting ‘‘this title, section 332(f), 603, or 604 of 23 title 28, or section 108 of the Legislative Branch 24 Appropriations Act, 1991 (2 U.S.C. 1849)’’; and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1065 1 2 (2) by adding at the end the following new paragraph: 3 ‘‘(5)(A) Notwithstanding any provision of para- 4 graph (3), any regulations, certifications, or other 5 measures necessary to carry out this subsection— 6 ‘‘(i) with respect to employees of the Li- 7 brary of Congress shall be the responsibility of 8 the Librarian of Congress; 9 ‘‘(ii) with respect to employees of the Of- 10 fice of the Architect of the Capitol shall be the 11 responsibility of the Architect of the Capitol; 12 and 13 ‘‘(iii) with respect to employees of the Gov- 14 ernment Publishing Office shall be the responsi- 15 bility of the Director of the Government Pub- 16 lishing Office. 17 ‘‘(B) The regulations under this paragraph 18 shall be consistent with those promulgated under 19 paragraph (3).’’. 20 (b) EFFECTIVE DATE.—The amendment made by 21 subsection (a) shall take effect on the date of the enact22 ment of this Act. 23 This division may be cited as the ‘‘Legislative Branch 24 Appropriations Act, 2016’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1066 1 DIVISION J—MILITARY 2 AND VETERANS 3 LATED 4 ACT, 2016 CONSTRUCTION AFFAIRS, AGENCIES AND APPROPRIATIONS 5 TITLE I 6 DEPARTMENT OF DEFENSE 7 MILITARY CONSTRUCTION, ARMY 8 RE- For acquisition, construction, installation, and equip- 9 ment of temporary or permanent public works, military 10 installations, facilities, and real property for the Army as 11 currently authorized by law, including personnel in the 12 Army Corps of Engineers and other personal services nec13 essary for the purposes of this appropriation, and for con14 struction and operation of facilities in support of the func15 tions of the Commander in Chief, $663,245,000, to re16 main available until September 30, 2020: Provided, That, 17 of this amount, not to exceed $109,245,000 shall be avail18 able for study, planning, design, architect and engineer 19 services, and host nation support, as authorized by law, 20 unless the Secretary of the Army determines that addi21 tional obligations are necessary for such purposes and no22 tifies the Committees on Appropriations of both Houses 23 of Congress of the determination and the reasons therefor. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1067 1 MILITARY CONSTRUCTION, NAVY 2 AND MARINE CORPS For acquisition, construction, installation, and equip- 3 ment of temporary or permanent public works, naval in4 stallations, facilities, and real property for the Navy and 5 Marine Corps as currently authorized by law, including 6 personnel in the Naval Facilities Engineering Command 7 and other personal services necessary for the purposes of 8 this appropriation, $1,669,239,000, to remain available 9 until September 30, 2020: Provided, That, of this amount, 10 not to exceed $91,649,000 shall be available for study, 11 planning, design, and architect and engineer services, as 12 authorized by law, unless the Secretary of the Navy deter13 mines that additional obligations are necessary for such 14 purposes and notifies the Committees on Appropriations 15 of both Houses of Congress of the determination and the 16 reasons therefor: Provided further, That none of the funds 17 made available under this heading may be obligated for 18 the Townsend Bombing Range Expansion, Phase 2, until 19 the Secretary of the Navy enters into an agreement with 20 local stakeholders that addresses the disposition and man21 agement of the timber and forest resources in the pro22 posed areas of expansion. 23 24 MILITARY CONSTRUCTION, AIR FORCE For acquisition, construction, installation, and equip- 25 ment of temporary or permanent public works, military December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1068 1 installations, facilities, and real property for the Air Force 2 as currently authorized by law, $1,389,185,000, to remain 3 available until September 30, 2020: Provided, That of this 4 amount, not to exceed $89,164,000 shall be available for 5 study, planning, design, and architect and engineer serv6 ices, as authorized by law, unless the Secretary of the Air 7 Force determines that additional obligations are necessary 8 for such purposes and notifies the Committees on Appro9 priations of both Houses of Congress of the determination 10 and the reasons therefor. 11 MILITARY CONSTRUCTION, DEFENSE-WIDE 12 (INCLUDING TRANSFER OF FUNDS) 13 For acquisition, construction, installation, and equip- 14 ment of temporary or permanent public works, installa15 tions, facilities, and real property for activities and agen16 cies of the Department of Defense (other than the military 17 departments), as currently authorized by law, 18 $2,242,867,000, to remain available until September 30, 19 2020: Provided, That such amounts of this appropriation 20 as may be determined by the Secretary of Defense may 21 be transferred to such appropriations of the Department 22 of Defense available for military construction or family 23 housing as the Secretary may designate, to be merged with 24 and to be available for the same purposes, and for the 25 same time period, as the appropriation or fund to which December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1069 1 transferred: Provided further, That of the amount appro2 priated, not to exceed $175,404,000 shall be available for 3 study, planning, design, and architect and engineer serv4 ices, as authorized by law, unless the Secretary of Defense 5 determines that additional obligations are necessary for 6 such purposes and notifies the Committees on Appropria7 tions of both Houses of Congress of the determination and 8 the reasons therefor: Provided further, That of the funds 9 made available by this title to construct fiscal year 2016 10 Special Operations Command military construction 11 projects, not to exceed 75 percent shall be available until 12 the Commander of the Special Operations Command has 13 complied with the certification and reporting requirements 14 in the last proviso under the heading ‘‘Department of De15 fense—Military Construction, Defense-Wide’’ in title I of 16 H.R. 2029, as passed by the House of Representatives on 17 April 30, 2015. 18 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD 19 For construction, acquisition, expansion, rehabilita- 20 tion, and conversion of facilities for the training and ad21 ministration of the Army National Guard, and contribu22 tions therefor, as authorized by chapter 1803 of title 10, 23 United States Code, and Military Construction Authoriza24 tion Acts, $197,237,000, to remain available until Sep25 tember 30, 2020: Provided, That, of the amount appro- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1070 1 priated, not to exceed $20,337,000 shall be available for 2 study, planning, design, and architect and engineer serv3 ices, as authorized by law, unless the Director of the Army 4 National Guard determines that additional obligations are 5 necessary for such purposes and notifies the Committees 6 on Appropriations of both Houses of Congress of the de7 termination and the reasons therefor. 8 MILITARY CONSTRUCTION, AIR NATIONAL GUARD 9 For construction, acquisition, expansion, rehabilita- 10 tion, and conversion of facilities for the training and ad11 ministration of the Air National Guard, and contributions 12 therefor, as authorized by chapter 1803 of title 10, United 13 States Code, and Military Construction Authorization 14 Acts, $138,738,000, to remain available until September 15 30, 2020: Provided, That, of the amount appropriated, not 16 to exceed $5,104,000 shall be available for study, plan17 ning, design, and architect and engineer services, as au18 thorized by law, unless the Director of the Air National 19 Guard determines that additional obligations are nec20 essary for such purposes and notifies the Committees on 21 Appropriations of both Houses of Congress of the deter22 mination and the reasons therefor. 23 24 MILITARY CONSTRUCTION, ARMY RESERVE For construction, acquisition, expansion, rehabilita- 25 tion, and conversion of facilities for the training and ad- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1071 1 ministration of the Army Reserve as authorized by chapter 2 1803 of title 10, United States Code, and Military Con3 struction Authorization Acts, $113,595,000, to remain 4 available until September 30, 2020: Provided, That, of the 5 amount appropriated, not to exceed $9,318,000 shall be 6 available for study, planning, design, and architect and en7 gineer services, as authorized by law, unless the Chief of 8 the Army Reserve determines that additional obligations 9 are necessary for such purposes and notifies the Commit10 tees on Appropriations of both Houses of Congress of the 11 determination and the reasons therefor. 12 13 MILITARY CONSTRUCTION, NAVY RESERVE For construction, acquisition, expansion, rehabilita- 14 tion, and conversion of facilities for the training and ad15 ministration of the reserve components of the Navy and 16 Marine Corps as authorized by chapter 1803 of title 10, 17 United States Code, and Military Construction Authoriza18 tion Acts, $36,078,000, to remain available until Sep19 tember 30, 2020: Provided, That, of the amount appro20 priated, not to exceed $2,208,000 shall be available for 21 study, planning, design, and architect and engineer serv22 ices, as authorized by law, unless the Secretary of the 23 Navy determines that additional obligations are necessary 24 for such purposes and notifies the Committees on Appro- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1072 1 priations of both Houses of Congress of the determination 2 and the reasons therefor. 3 MILITARY CONSTRUCTION, AIR FORCE RESERVE 4 For construction, acquisition, expansion, rehabilita- 5 tion, and conversion of facilities for the training and ad6 ministration of the Air Force Reserve as authorized by 7 chapter 1803 of title 10, United States Code, and Military 8 Construction Authorization Acts, $65,021,000, to remain 9 available until September 30, 2020: Provided, That, of the 10 amount appropriated, not to exceed $13,400,000 shall be 11 available for study, planning, design, and architect and en12 gineer services, as authorized by law, unless the Chief of 13 the Air Force Reserve determines that additional obliga14 tions are necessary for such purposes and notifies the 15 Committees on Appropriations of both Houses of Congress 16 of the determination and the reasons therefor. 17 NORTH ATLANTIC TREATY ORGANIZATION 18 SECURITY INVESTMENT PROGRAM 19 For the United States share of the cost of the North 20 Atlantic Treaty Organization Security Investment Pro21 gram for the acquisition and construction of military fa22 cilities and installations (including international military 23 headquarters) and for related expenses for the collective 24 defense of the North Atlantic Treaty Area as authorized 25 by section 2806 of title 10, United States Code, and Mili- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1073 1 tary Construction Authorization Acts, $135,000,000, to 2 remain available until expended. 3 FAMILY HOUSING CONSTRUCTION, ARMY 4 For expenses of family housing for the Army for con- 5 struction, including acquisition, replacement, addition, ex6 pansion, extension, and alteration, as authorized by law, 7 $108,695,000, to remain available until September 30, 8 2020. 9 FAMILY HOUSING OPERATION 10 AND MAINTENANCE, ARMY 11 For expenses of family housing for the Army for op- 12 eration and maintenance, including debt payment, leasing, 13 minor construction, principal and interest charges, and in14 surance premiums, as authorized by law, $375,611,000. 15 FAMILY HOUSING CONSTRUCTION, NAVY 16 AND MARINE CORPS 17 For expenses of family housing for the Navy and Ma- 18 rine Corps for construction, including acquisition, replace19 ment, addition, expansion, extension, and alteration, as 20 authorized by law, $16,541,000, to remain available until 21 September 30, 2020. 22 FAMILY HOUSING OPERATION 23 NAVY 24 AND AND MAINTENANCE, MARINE CORPS For expenses of family housing for the Navy and Ma- 25 rine Corps for operation and maintenance, including debt December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1074 1 payment, leasing, minor construction, principal and inter2 est charges, and insurance premiums, as authorized by 3 law, $353,036,000. 4 FAMILY HOUSING CONSTRUCTION, AIR FORCE 5 For expenses of family housing for the Air Force for 6 construction, including acquisition, replacement, addition, 7 expansion, extension, and alteration, as authorized by law, 8 $160,498,000, to remain available until September 30, 9 2020. 10 FAMILY HOUSING OPERATION 11 AND MAINTENANCE, AIR FORCE 12 For expenses of family housing for the Air Force for 13 operation and maintenance, including debt payment, leas14 ing, minor construction, principal and interest charges, 15 and insurance premiums, as authorized by law, 16 $331,232,000. 17 FAMILY HOUSING OPERATION 18 19 AND MAINTENANCE, DEFENSE-WIDE For expenses of family housing for the activities and 20 agencies of the Department of Defense (other than the 21 military departments) for operation and maintenance, 22 leasing, and minor construction, as authorized by law, 23 $58,668,000. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1075 1 DEPARTMENT 2 OF DEFENSE BASE CLOSURE ACCOUNT For deposit into the Department of Defense Base 3 Closure Account, established by section 2906(a) of the De4 fense Base Closure and Realignment Act of 1990 (10 5 U.S.C. 2687 note), $266,334,000, to remain available 6 until expended. 7 8 ADMINISTRATIVE PROVISIONS SEC. 101. None of the funds made available in this 9 title shall be expended for payments under a cost-plus-a10 fixed-fee contract for construction, where cost estimates 11 exceed $25,000, to be performed within the United States, 12 except Alaska, without the specific approval in writing of 13 the Secretary of Defense setting forth the reasons there14 for. 15 SEC. 102. Funds made available in this title for con- 16 struction shall be available for hire of passenger motor ve17 hicles. 18 SEC. 103. Funds made available in this title for con- 19 struction may be used for advances to the Federal High20 way Administration, Department of Transportation, for 21 the construction of access roads as authorized by section 22 210 of title 23, United States Code, when projects author23 ized therein are certified as important to the national de24 fense by the Secretary of Defense. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1076 1 SEC. 104. None of the funds made available in this 2 title may be used to begin construction of new bases in 3 the United States for which specific appropriations have 4 not been made. 5 SEC. 105. None of the funds made available in this 6 title shall be used for purchase of land or land easements 7 in excess of 100 percent of the value as determined by 8 the Army Corps of Engineers or the Naval Facilities Engi9 neering Command, except: (1) where there is a determina10 tion of value by a Federal court; (2) purchases negotiated 11 by the Attorney General or the designee of the Attorney 12 General; (3) where the estimated value is less than 13 $25,000; or (4) as otherwise determined by the Secretary 14 of Defense to be in the public interest. 15 SEC. 106. None of the funds made available in this 16 title shall be used to: (1) acquire land; (2) provide for site 17 preparation; or (3) install utilities for any family housing, 18 except housing for which funds have been made available 19 in annual Acts making appropriations for military con20 struction. 21 SEC. 107. None of the funds made available in this 22 title for minor construction may be used to transfer or 23 relocate any activity from one base or installation to an24 other, without prior notification to the Committees on Ap25 propriations of both Houses of Congress. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1077 1 SEC. 108. None of the funds made available in this 2 title may be used for the procurement of steel for any con3 struction project or activity for which American steel pro4 ducers, fabricators, and manufacturers have been denied 5 the opportunity to compete for such steel procurement. 6 SEC. 109. None of the funds available to the Depart- 7 ment of Defense for military construction or family hous8 ing during the current fiscal year may be used to pay real 9 property taxes in any foreign nation. 10 SEC. 110. None of the funds made available in this 11 title may be used to initiate a new installation overseas 12 without prior notification to the Committees on Appro13 priations of both Houses of Congress. 14 SEC. 111. None of the funds made available in this 15 title may be obligated for architect and engineer contracts 16 estimated by the Government to exceed $500,000 for 17 projects to be accomplished in Japan, in any North Atlan18 tic Treaty Organization member country, or in countries 19 bordering the Arabian Gulf, unless such contracts are 20 awarded to United States firms or United States firms 21 in joint venture with host nation firms. 22 SEC. 112. None of the funds made available in this 23 title for military construction in the United States terri24 tories and possessions in the Pacific and on Kwajalein 25 Atoll, or in countries bordering the Arabian Gulf, may be December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1078 1 used to award any contract estimated by the Government 2 to exceed $1,000,000 to a foreign contractor: Provided, 3 That this section shall not be applicable to contract 4 awards for which the lowest responsive and responsible bid 5 of a United States contractor exceeds the lowest respon6 sive and responsible bid of a foreign contractor by greater 7 than 20 percent: Provided further, That this section shall 8 not apply to contract awards for military construction on 9 Kwajalein Atoll for which the lowest responsive and re10 sponsible bid is submitted by a Marshallese contractor. 11 SEC. 113. The Secretary of Defense shall inform the 12 appropriate committees of both Houses of Congress, in13 cluding the Committees on Appropriations, of plans and 14 scope of any proposed military exercise involving United 15 States personnel 30 days prior to its occurring, if amounts 16 expended for construction, either temporary or permanent, 17 are anticipated to exceed $100,000. 18 SEC. 114. Funds appropriated to the Department of 19 Defense for construction in prior years shall be available 20 for construction authorized for each such military depart21 ment by the authorizations enacted into law during the 22 current session of Congress. 23 SEC. 115. For military construction or family housing 24 projects that are being completed with funds otherwise ex25 pired or lapsed for obligation, expired or lapsed funds may December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1079 1 be used to pay the cost of associated supervision, inspec2 tion, overhead, engineering and design on those projects 3 and on subsequent claims, if any. 4 SEC. 116. Notwithstanding any other provision of 5 law, any funds made available to a military department 6 or defense agency for the construction of military projects 7 may be obligated for a military construction project or 8 contract, or for any portion of such a project or contract, 9 at any time before the end of the fourth fiscal year after 10 the fiscal year for which funds for such project were made 11 available, if the funds obligated for such project: (1) are 12 obligated from funds available for military construction 13 projects; and (2) do not exceed the amount appropriated 14 for such project, plus any amount by which the cost of 15 such project is increased pursuant to law. 16 17 (INCLUDING TRANSFER OF FUNDS) SEC. 117. Subject to 30 days prior notification, or 18 14 days for a notification provided in an electronic me19 dium pursuant to sections 480 and 2883 of title 10, 20 United States Code, to the Committees on Appropriations 21 of both Houses of Congress, such additional amounts as 22 may be determined by the Secretary of Defense may be 23 transferred to: (1) the Department of Defense Family 24 Housing Improvement Fund from amounts appropriated 25 for construction in ‘‘Family Housing’’ accounts, to be December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1080 1 merged with and to be available for the same purposes 2 and for the same period of time as amounts appropriated 3 directly to the Fund; or (2) the Department of Defense 4 Military Unaccompanied Housing Improvement Fund 5 from amounts appropriated for construction of military 6 unaccompanied housing in ‘‘Military Construction’’ ac7 counts, to be merged with and to be available for the same 8 purposes and for the same period of time as amounts ap9 propriated directly to the Fund: Provided, That appropria10 tions made available to the Funds shall be available to 11 cover the costs, as defined in section 502(5) of the Con12 gressional Budget Act of 1974, of direct loans or loan 13 guarantees issued by the Department of Defense pursuant 14 to the provisions of subchapter IV of chapter 169 of title 15 10, United States Code, pertaining to alternative means 16 of acquiring and improving military family housing, mili17 tary unaccompanied housing, and supporting facilities. 18 19 (INCLUDING TRANSFER OF FUNDS) SEC. 118. In addition to any other transfer authority 20 available to the Department of Defense, amounts may be 21 transferred from the Department of Defense Base Closure 22 Account to the fund established by section 1013(d) of the 23 Demonstration Cities and Metropolitan Development Act 24 of 1966 (42 U.S.C. 3374) to pay for expenses associated 25 with the Homeowners Assistance Program incurred under December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1081 1 42 U.S.C. 3374(a)(1)(A). Any amounts transferred shall 2 be merged with and be available for the same purposes 3 and for the same time period as the fund to which trans4 ferred. 5 SEC. 119. Notwithstanding any other provision of 6 law, funds made available in this title for operation and 7 maintenance of family housing shall be the exclusive 8 source of funds for repair and maintenance of all family 9 housing units, including general or flag officer quarters: 10 Provided, That not more than $35,000 per unit may be 11 spent annually for the maintenance and repair of any gen12 eral or flag officer quarters without 30 days prior notifica13 tion, or 14 days for a notification provided in an electronic 14 medium pursuant to sections 480 and 2883 of title 10, 15 United States Code, to the Committees on Appropriations 16 of both Houses of Congress, except that an after-the-fact 17 notification shall be submitted if the limitation is exceeded 18 solely due to costs associated with environmental remedi19 ation that could not be reasonably anticipated at the time 20 of the budget submission: Provided further, That the 21 Under Secretary of Defense (Comptroller) is to report an22 nually to the Committees on Appropriations of both 23 Houses of Congress all operation and maintenance ex24 penditures for each individual general or flag officer quar25 ters for the prior fiscal year. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1082 1 SEC. 120. Amounts contained in the Ford Island Im- 2 provement Account established by subsection (h) of sec3 tion 2814 of title 10, United States Code, are appro4 priated and shall be available until expended for the pur5 poses specified in subsection (i)(1) of such section or until 6 transferred pursuant to subsection (i)(3) of such section. 7 8 (INCLUDING TRANSFER OF FUNDS) SEC. 121. During the 5-year period after appropria- 9 tions available in this Act to the Department of Defense 10 for military construction and family housing operation and 11 maintenance and construction have expired for obligation, 12 upon a determination that such appropriations will not be 13 necessary for the liquidation of obligations or for making 14 authorized adjustments to such appropriations for obliga15 tions incurred during the period of availability of such ap16 propriations, unobligated balances of such appropriations 17 may be transferred into the appropriation ‘‘Foreign Cur18 rency Fluctuations, Construction, Defense’’, to be merged 19 with and to be available for the same time period and for 20 the same purposes as the appropriation to which trans21 ferred. 22 SEC. 122. (a) Except as provided in subsection (b), 23 none of the funds made available in this Act may be used 24 by the Secretary of the Army to relocate a unit in the 25 Army that— December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1083 1 (1) performs a testing mission or function that 2 is not performed by any other unit in the Army and 3 is specifically stipulated in title 10, United States 4 Code; and 5 (2) is located at a military installation at which 6 the total number of civilian employees of the Depart- 7 ment of the Army and Army contractor personnel 8 employed exceeds 10 percent of the total number of 9 members of the regular and reserve components of 10 the Army assigned to the installation. 11 (b) EXCEPTION.—Subsection (a) shall not apply if 12 the Secretary of the Army certifies to the congressional 13 defense committees that in proposing the relocation of the 14 unit of the Army, the Secretary complied with Army Regu15 lation 5–10 relating to the policy, procedures, and respon16 sibilities for Army stationing actions. 17 SEC. 123. Amounts appropriated or otherwise made 18 available in an account funded under the headings in this 19 title may be transferred among projects and activities 20 within the account in accordance with the reprogramming 21 guidelines for military construction and family housing 22 construction contained in Department of Defense Finan23 cial Management Regulation 7000.14–R, Volume 3, Chap24 ter 7, of February 2009, as in effect on the date of enact25 ment of this Act. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1084 1 SEC. 124. None of the funds made available in this 2 title may be obligated or expended for planning and design 3 and construction of projects at Arlington National Ceme4 tery. 5 6 (RESCISSION OF FUNDS) SEC. 125. Of the unobligated balances available for 7 ‘‘Military Construction, Army’’ and ‘‘Family Housing 8 Construction, Army’’, from prior appropriation Acts 9 (other than appropriations designated by law as being for 10 contingency operations directly related to the global war 11 on terrorism or as an emergency requirement), 12 $86,420,000 are hereby rescinded. 13 14 (RESCISSION OF FUNDS) SEC. 126. Of the unobligated balances available for 15 ‘‘Military Construction, Air Force’’, from prior appropria16 tion Acts (other than appropriations designated by law as 17 being for contingency operations directly related to the 18 global war on terrorism or as an emergency requirement), 19 $46,400,000 are hereby rescinded. 20 21 (RESCISSION OF FUNDS) SEC. 127. Of the unobligated balances available for 22 ‘‘Military Construction, Defense-Wide’’, from prior appro23 priation Acts (other than appropriations designated by law 24 as being for contingency operations directly related to the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1085 1 global war on terrorism or as an emergency requirement), 2 $134,000,000 are hereby rescinded. 3 SEC. 128. For an additional amount for ‘‘Military 4 Construction, Army’’, $34,500,000, to remain available 5 until September 30, 2020: Provided, That such funds may 6 only be obligated to carry out construction projects identi7 fied in the Department of the Army’s Unfunded Priority 8 List for Fiscal Year 2016 submitted to Congress: Provided 9 further, That such funding is for projects as authorized 10 in the National Defense Authorization Act for Fiscal Year 11 2016: Provided further, That, not later than 30 days after 12 enactment of this Act, the Secretary of the Army shall 13 submit to the Committees on Appropriations of both 14 Houses of Congress an expenditure plan for funds pro15 vided under this section. 16 SEC. 129. For an additional amount for ‘‘Military 17 Construction, Navy and Marine Corps’’, $34,500,000, to 18 remain available until September 30, 2020: Provided, 19 That such funds may only be obligated to carry out con20 struction projects identified in the Department of the 21 Navy’s Unfunded Priority List for Fiscal Year 2016: Pro22 vided further, That such funding is for projects as author23 ized in the National Defense Authorization Act for Fiscal 24 Year 2016: Provided further, That, not later than 30 days 25 after enactment of this Act, the Secretary of the Navy December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1086 1 shall submit to the Committees on Appropriations of both 2 Houses of Congress an expenditure plan for funds pro3 vided under this section. 4 SEC. 130. For an additional amount for ‘‘Military 5 Construction, Army National Guard’’, $51,300,000, to re6 main available until September 30, 2020: Provided, That 7 such funds may only be obligated to carry out construction 8 projects identified in the Department of the Army’s Un9 funded Priority List for Fiscal Year 2016 submitted to 10 Congress: Provided further, That such funding is for 11 projects as authorized in the National Defense Authoriza12 tion Act for Fiscal Year 2016: Provided further, That, not 13 later than 30 days after enactment of this Act, the Sec14 retary of the Army shall submit to the Committees on Ap15 propriations of both Houses of Congress an expenditure 16 plan for funds provided under this section. 17 SEC. 131. For an additional amount for ‘‘Military 18 Construction, Army Reserve’’, $34,200,000, to remain 19 available until September 30, 2020: Provided, That such 20 funds may only be obligated to carry out construction 21 projects identified in the Department of the Army’s Un22 funded Priority List for Fiscal Year 2016 submitted to 23 Congress: Provided further, That such funding is for 24 projects as authorized in the National Defense Authoriza25 tion Act for Fiscal Year 2016: Provided further, That, not December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1087 1 later than 30 days after enactment of this Act, the Sec2 retary of the Army shall submit to the Committees on Ap3 propriations of both Houses of Congress an expenditure 4 plan for funds provided under this section. 5 SEC. 132. Notwithstanding section 124, for an addi- 6 tional amount for ‘‘Military Construction, Army’’ in this 7 title, $30,000,000 is provided for advances to the Federal 8 Highway Administration, Department of Transportation, 9 for construction of access roads as authorized by section 10 210 of title 23, United States Code. 11 SEC. 133. For an additional amount for ‘‘Military 12 Construction, Air Force’’, $21,000,000, to remain avail13 able until September 30, 2020: Provided, That such funds 14 may only be obligated to carry out construction projects 15 identified in the Department of the Air Force’s Unfunded 16 Priority List for Fiscal Year 2016 submitted to Congress: 17 Provided further, That such funding is for projects as au18 thorized in the National Defense Authorization Act for 19 Fiscal Year 2016: Provided further, That not later than 20 30 days after enactment of this Act, the Secretary of the 21 Air Force shall submit to the Committees on Appropria22 tions of both Houses of Congress an expenditure plan for 23 funds provided under this section. 24 SEC. 134. For an additional amount for ‘‘Military 25 Construction, Air National Guard’’, $6,100,000, to remain December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1088 1 available until September 30, 2020: Provided, That such 2 funds may only be obligated to carry out construction 3 projects identified in the Department of the Air Force’s 4 Unfunded Priority List for Fiscal Year 2016 submitted 5 to Congress: Provided further, That such funding is for 6 projects as authorized in the National Defense Authoriza7 tion Act for Fiscal Year 2016: Provided further, That not 8 later than 30 days after enactment of this Act, the Sec9 retary of the Air Force shall submit to the Committees 10 on Appropriations of both Houses of Congress an expendi11 ture plan for funds provided under this section. 12 SEC. 135. For the purposes of this Act, the term 13 ‘‘congressional defense committees’’ means the Commit14 tees on Armed Services of the House of Representatives 15 and the Senate, the Subcommittee on Military Construc16 tion and Veterans Affairs of the Committee on Appropria17 tions of the Senate, and the Subcommittee on Military 18 Construction and Veterans Affairs of the Committee on 19 Appropriations of the House of Representatives. 20 21 (RESCISSION OF FUNDS) SEC. 136. Of the unobligated balances made available 22 in prior appropriation Acts for the fund established in sec23 tion 1013(d) of the Demonstration Cities and Metropoli24 tan Development Act of 1966 (42 U.S.C. 3374) (other 25 than appropriations designated by law as being for contin- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1089 1 gency operations directly related to the global war on ter2 rorism or as an emergency requirement), $105,000,000 3 are hereby rescinded. 4 SEC. 137. For an additional amount for ‘‘Military 5 Construction, Air Force Reserve’’, $10,400,000, to remain 6 available until September 30, 2020: Provided, That such 7 funds may only be obligated to carry out construction 8 projects identified in the Department of the Air Force’s 9 Unfunded Priority List for Fiscal Year 2016 submitted 10 to Congress: Provided further, That such funding is for 11 projects as authorized in the National Defense Authoriza12 tion Act for Fiscal Year 2016: Provided further, That not 13 later than 30 days after enactment of this Act, the Sec14 retary of the Air Force shall submit to the Committees 15 on Appropriations of both Houses of Congress an expendi16 ture plan for funds provided under this section. 17 SEC. 138. Notwithstanding any other provision of 18 law, none of the funds appropriated or otherwise made 19 available by this or any other Act may be used to consoli20 date or relocate any element of a United States Air Force 21 Rapid Engineer Deployable Heavy Operational Repair 22 Squadron Engineer (RED HORSE) outside of the United 23 States until the Secretary of the Air Force (1) completes 24 an analysis and comparison of the cost and infrastructure 25 investment required to consolidate or relocate a RED December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1090 1 HORSE squadron outside of the United States versus 2 within the United States; (2) provides to the Committees 3 on Appropriations of both Houses of Congress (‘‘the Com4 mittees’’) a report detailing the findings of the cost anal5 ysis; and (3) certifies in writing to the Committees that 6 the preferred site for the consolidation or relocation yields 7 the greatest savings for the Air Force: Provided, That the 8 term ‘‘United States’’ in this section does not include any 9 territory or possession of the United States. 10 SEC. 139. None of the funds made available by this 11 Act may be used to carry out the closure or transfer of 12 the United States Naval Station, Guanta´namo Bay, Cuba. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1091 1 TITLE II 2 DEPARTMENT OF VETERANS AFFAIRS 3 VETERANS BENEFITS ADMINISTRATION 4 COMPENSATION AND PENSIONS 5 (INCLUDING TRANSFER OF FUNDS) 6 For the payment of compensation benefits to or on 7 behalf of veterans and a pilot program for disability ex8 aminations as authorized by section 107 and chapters 11, 9 13, 18, 51, 53, 55, and 61 of title 38, United States Code; 10 pension benefits to or on behalf of veterans as authorized 11 by chapters 15, 51, 53, 55, and 61 of title 38, United 12 States Code; and burial benefits, the Reinstated Entitle13 ment Program for Survivors, emergency and other offi14 cers’ retirement pay, adjusted-service credits and certifi15 cates, payment of premiums due on commercial life insur16 ance policies guaranteed under the provisions of title IV 17 of the Servicemembers Civil Relief Act (50 U.S.C. App. 18 541 et seq.) and for other benefits as authorized by sec19 tions 107, 1312, 1977, and 2106, and chapters 23, 51, 20 53, 55, and 61 of title 38, United States Code, 21 $162,948,673,000, to remain available until expended, of 22 which $86,083,128,000 shall become available on October 23 1, 2016: Provided, That not to exceed $15,562,000 of the 24 amount made available for fiscal year 2016 and 25 $16,021,000 of the amount made available for fiscal year December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1092 1 2017 under this heading shall be reimbursed to ‘‘General 2 Operating Expenses, Veterans Benefits Administration’’, 3 and ‘‘Information Technology Systems’’ for necessary ex4 penses in implementing the provisions of chapters 51, 53, 5 and 55 of title 38, United States Code, the funding source 6 for which is specifically provided as the ‘‘Compensation 7 and Pensions’’ appropriation: Provided further, That such 8 sums as may be earned on an actual qualifying patient 9 basis, shall be reimbursed to ‘‘Medical Care Collections 10 Fund’’ to augment the funding of individual medical facili11 ties for nursing home care provided to pensioners as au12 thorized. 13 14 READJUSTMENT BENEFITS For the payment of readjustment and rehabilitation 15 benefits to or on behalf of veterans as authorized by chap16 ters 21, 30, 31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 17 61 of title 38, United States Code, $30,654,185,000, to 18 remain available until expended, of which 19 $16,340,828,000 shall become available on October 1, 20 2016: Provided, That expenses for rehabilitation program 21 services and assistance which the Secretary is authorized 22 to provide under subsection (a) of section 3104 of title 23 38, United States Code, other than under paragraphs (1), 24 (2), (5), and (11) of that subsection, shall be charged to 25 this account. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1093 1 VETERANS INSURANCE AND INDEMNITIES 2 For military and naval insurance, national service life 3 insurance, servicemen’s indemnities, service-disabled vet4 erans insurance, and veterans mortgage life insurance as 5 authorized by chapters 19 and 21, title 38, United States 6 Code, $169,080,000, to remain available until expended, 7 of which $91,920,000 shall become available on October 8 1, 2016. 9 VETERANS HOUSING BENEFIT PROGRAM FUND 10 For the cost of direct and guaranteed loans, such 11 sums as may be necessary to carry out the program, as 12 authorized by subchapters I through III of chapter 37 of 13 title 38, United States Code: Provided, That such costs, 14 including the cost of modifying such loans, shall be as de15 fined in section 502 of the Congressional Budget Act of 16 1974: Provided further, That, during fiscal year 2016, 17 within the resources available, not to exceed $500,000 in 18 gross obligations for direct loans are authorized for spe19 cially adapted housing loans. 20 In addition, for administrative expenses to carry out 21 the direct and guaranteed loan programs, $164,558,000. 22 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT 23 For the cost of direct loans, $31,000, as authorized 24 by chapter 31 of title 38, United States Code: Provided, 25 That such costs, including the cost of modifying such December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1094 1 loans, shall be as defined in section 502 of the Congres2 sional Budget Act of 1974: Provided further, That funds 3 made available under this heading are available to sub4 sidize gross obligations for the principal amount of direct 5 loans not to exceed $2,952,000. 6 In addition, for administrative expenses necessary to 7 carry out the direct loan program, $367,000, which may 8 be paid to the appropriation for ‘‘General Operating Ex9 penses, Veterans Benefits Administration’’. 10 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM 11 ACCOUNT 12 For administrative expenses to carry out the direct 13 loan program authorized by subchapter V of chapter 37 14 of title 38, United States Code, $1,134,000. 15 VETERANS HEALTH ADMINISTRATION 16 MEDICAL SERVICES 17 For necessary expenses for furnishing, as authorized 18 by law, inpatient and outpatient care and treatment to 19 beneficiaries of the Department of Veterans Affairs and 20 veterans described in section 1705(a) of title 38, United 21 States Code, including care and treatment in facilities not 22 under the jurisdiction of the Department, and including 23 medical supplies and equipment, bioengineering services, 24 food services, and salaries and expenses of healthcare em25 ployees hired under title 38, United States Code, aid to December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1095 1 State homes as authorized by section 1741 of title 38, 2 United States Code, assistance and support services for 3 caregivers as authorized by section 1720G of title 38, 4 United States Code, loan repayments authorized by sec5 tion 604 of the Caregivers and Veterans Omnibus Health 6 Services Act of 2010 (Public Law 111–163; 124 Stat. 7 1174; 38 U.S.C. 7681 note), and hospital care and med8 ical services authorized by section 1787 of title 38, United 9 States Code; $2,369,158,000, which shall be in addition 10 to funds previously appropriated under this heading that 11 became available on October 1, 2015; and, in addition, 12 $51,673,000,000, plus reimbursements, shall become 13 available on October 1, 2016, and shall remain available 14 until September 30, 2017: Provided, That, of the amount 15 made available on October 1, 2016, under this heading, 16 $1,400,000,000 shall remain available until September 30, 17 2018: Provided further, That, notwithstanding any other 18 provision of law, the Secretary of Veterans Affairs shall 19 establish a priority for the provision of medical treatment 20 for veterans who have service-connected disabilities, lower 21 income, or have special needs: Provided further, That, not22 withstanding any other provision of law, the Secretary of 23 Veterans Affairs shall give priority funding for the provi24 sion of basic medical benefits to veterans in enrollment 25 priority groups 1 through 6: Provided further, That, not- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1096 1 withstanding any other provision of law, the Secretary of 2 Veterans Affairs may authorize the dispensing of prescrip3 tion drugs from Veterans Health Administration facilities 4 to enrolled veterans with privately written prescriptions 5 based on requirements established by the Secretary: Pro6 vided further, That the implementation of the program de7 scribed in the previous proviso shall incur no additional 8 cost to the Department of Veterans Affairs: Provided fur9 ther, That, of the amount made available on October 1, 10 2016, under this heading, not less than $1,500,000,000 11 shall be available for Hepatitis C Virus (HCV) clinical 12 treatments, including clinical treatments with modern 13 medications that have significantly higher cure rates than 14 older medications, are easier to prescribe, and have fewer 15 and milder side effects: Provided further, That the Sec16 retary of Veterans Affairs shall ensure that sufficient 17 amounts appropriated under this heading for medical sup18 plies and equipment are available for the acquisition of 19 gender appropriate prosthetics. 20 21 MEDICAL SUPPORT AND COMPLIANCE For necessary expenses in the administration of the 22 medical, hospital, nursing home, domiciliary, construction, 23 supply, and research activities, as authorized by law; ad24 ministrative expenses in support of capital policy activi25 ties; and administrative and legal expenses of the Depart- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1097 1 ment for collecting and recovering amounts owed the De2 partment as authorized under chapter 17 of title 38, 3 United States Code, and the Federal Medical Care Recov4 ery Act (42 U.S.C. 2651 et seq.), $6,524,000,000, plus 5 reimbursements, shall become available on October 1, 6 2016, and shall remain available until September 30, 7 2017: Provided, That, of the amount made available on 8 October 1, 2016, under this heading, $100,000,000 shall 9 remain available until September 30, 2018. 10 11 MEDICAL FACILITIES For necessary expenses for the maintenance and op- 12 eration of hospitals, nursing homes, domiciliary facilities, 13 and other necessary facilities of the Veterans Health Ad14 ministration; for administrative expenses in support of 15 planning, design, project management, real property ac16 quisition and disposition, construction, and renovation of 17 any facility under the jurisdiction or for the use of the 18 Department; for oversight, engineering, and architectural 19 activities not charged to project costs; for repairing, alter20 ing, improving, or providing facilities in the several hos21 pitals and homes under the jurisdiction of the Depart22 ment, not otherwise provided for, either by contract or by 23 the hire of temporary employees and purchase of mate24 rials; for leases of facilities; and for laundry services; 25 $105,132,000, which shall be in addition to funds pre- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1098 1 viously appropriated under this heading that became avail2 able on October 1, 2015; and, in addition, 3 $5,074,000,000, plus reimbursements, shall become avail4 able on October 1, 2016, and shall remain available until 5 September 30, 2017: Provided, That, of the amount made 6 available on October 1, 2016, under this heading, 7 $250,000,000 shall remain available until September 30, 8 2018. 9 10 MEDICAL AND PROSTHETIC RESEARCH For necessary expenses in carrying out programs of 11 medical and prosthetic research and development as au12 thorized by chapter 73 of title 38, United States Code, 13 $630,735,000, plus reimbursements, shall remain avail14 able until September 30, 2017: Provided, That the Sec15 retary of Veterans Affairs shall ensure that sufficient 16 amounts appropriated under this heading are available for 17 gender appropriate prosthetic research and toxic exposure 18 research. 19 20 NATIONAL CEMETERY ADMINISTRATION For necessary expenses of the National Cemetery Ad- 21 ministration for operations and maintenance, not other22 wise provided for, including uniforms or allowances there23 for; cemeterial expenses as authorized by law; purchase 24 of one passenger motor vehicle for use in cemeterial oper25 ations; hire of passenger motor vehicles; and repair, alter- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1099 1 ation or improvement of facilities under the jurisdiction 2 of the National Cemetery Administration, $271,220,000, 3 of which not to exceed $26,600,000 shall remain available 4 until September 30, 2017. 5 DEPARTMENTAL ADMINISTRATION 6 GENERAL ADMINISTRATION 7 (INCLUDING TRANSFER OF FUNDS) 8 For necessary operating expenses of the Department 9 of Veterans Affairs, not otherwise provided for, including 10 administrative expenses in support of Department-wide 11 capital planning, management and policy activities, uni12 forms, or allowances therefor; not to exceed $25,000 for 13 official reception and representation expenses; hire of pas14 senger motor vehicles; and reimbursement of the General 15 Services Administration for security guard services, 16 $336,659,000, of which not to exceed $10,000,000 shall 17 remain available until September 30, 2017: Provided, 18 That funds provided under this heading may be trans19 ferred to ‘‘General Operating Expenses, Veterans Benefits 20 Administration’’. 21 22 BOARD OF VETERANS APPEALS For necessary operating expenses of the Board of 23 Veterans Appeals, $109,884,000, of which not to exceed 24 $10,788,000 shall remain available until September 30, 25 2017. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1100 1 GENERAL OPERATING EXPENSES, VETERANS BENEFITS 2 ADMINISTRATION 3 For necessary operating expenses of the Veterans 4 Benefits Administration, not otherwise provided for, in5 cluding hire of passenger motor vehicles, reimbursement 6 of the General Services Administration for security guard 7 services, and reimbursement of the Department of De8 fense for the cost of overseas employee mail, 9 $2,707,734,000: Provided, That expenses for services and 10 assistance authorized under paragraphs (1), (2), (5), and 11 (11) of section 3104(a) of title 38, United States Code, 12 that the Secretary of Veterans Affairs determines are nec13 essary to enable entitled veterans: (1) to the maximum ex14 tent feasible, to become employable and to obtain and 15 maintain suitable employment; or (2) to achieve maximum 16 independence in daily living, shall be charged to this ac17 count: Provided further, That, of the funds made available 18 under this heading, not to exceed $160,000,000 shall re19 main available until September 30, 2017. 20 INFORMATION TECHNOLOGY SYSTEMS 21 (INCLUDING TRANSFER OF FUNDS) 22 For necessary expenses for information technology 23 systems and telecommunications support, including devel24 opmental information systems and operational information 25 systems; for pay and associated costs; and for the capital December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1101 1 asset acquisition of information technology systems, in2 cluding management and related contractual costs of said 3 acquisitions, including contractual costs associated with 4 operations authorized by section 3109 of title 5, United 5 States Code, $4,133,363,000, plus reimbursements: Pro6 vided, That $1,115,757,000 shall be for pay and associ7 ated costs, of which not to exceed $34,800,000 shall re8 main available until September 30, 2017: Provided further, 9 That $2,512,863,000 shall be for operations and mainte10 nance, of which not to exceed $175,000,000 shall remain 11 available until September 30, 2017: Provided further, That 12 $504,743,000 shall be for information technology systems 13 development, modernization, and enhancement, and shall 14 remain available until September 30, 2017: Provided fur15 ther, That amounts made available for information tech16 nology systems development, modernization, and enhance17 ment may not be obligated or expended until the Secretary 18 of Veterans Affairs or the Chief Information Officer of 19 the Department of Veterans Affairs submits to the Com20 mittees on Appropriations of both Houses of Congress a 21 certification of the amounts, in parts or in full, to be obli22 gated and expended for each development project: Pro23 vided further, That amounts made available for salaries 24 and expenses, operations and maintenance, and informa25 tion technology systems development, modernization, and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1102 1 enhancement may be transferred among the three sub2 accounts after the Secretary of Veterans Affairs requests 3 from the Committees on Appropriations of both Houses 4 of Congress the authority to make the transfer and an 5 approval is issued: Provided further, That amounts made 6 available for the ‘‘Information Technology Systems’’ ac7 count for development, modernization, and enhancement 8 may be transferred among projects or to newly defined 9 projects: Provided further, That no project may be in10 creased or decreased by more than $1,000,000 of cost 11 prior to submitting a request to the Committees on Appro12 priations of both Houses of Congress to make the transfer 13 and an approval is issued, or absent a response, a period 14 of 30 days has elapsed: Provided further, That funds under 15 this heading may be used by the Interagency Program Of16 fice through the Department of Veterans Affairs to define 17 data standards, code sets, and value sets used to enable 18 interoperability: Provided further, That, of the funds made 19 available for information technology systems development, 20 modernization, and enhancement for VistA Evolution, not 21 more than 25 percent may be obligated or expended until 22 the Secretary of Veterans Affairs submits to the Commit23 tees on Appropriations of both Houses of Congress, and 24 such Committees approve, a report that describes: (1) the 25 status of and changes to the VistA Evolution program December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1103 1 plan dated March 24, 2014 (hereinafter referred to as the 2 ‘‘Plan’’), the VistA 4 product roadmap dated February 26, 3 2015 (‘‘Roadmap’’), and the VistA 4 Incremental Life 4 Cycle Cost Estimate, dated October 26, 2014; (2) any 5 changes to the scope or functionality of projects within 6 the VistA Evolution program as established in the Plan; 7 (3) actual program costs incurred to date; (4) progress 8 in meeting the schedule milestones that have been estab9 lished in the Plan; (5) a Project Management Account10 ability System (PMAS) Dashboard Progress report that 11 identifies each VistA Evolution project being tracked 12 through PMAS, what functionality it is intended to pro13 vide, and what evaluation scores it has received through14 out development; (6) the definition being used for inter15 operability between the electronic health record systems 16 of the Department of Defense and the Department of Vet17 erans Affairs, the metrics to measure the extent of inter18 operability, the milestones and timeline associated with 19 achieving interoperability, and the baseline measurements 20 associated with interoperability; (7) progress toward devel21 oping and implementing all components and levels of 22 interoperability, including semantic interoperability; (8) 23 the change management tools in place to facilitate the im24 plementation of VistA Evolution and interoperability; and 25 (9) any changes to the governance structure for the VistA December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1104 1 Evolution program and its chain of decisionmaking au2 thority: Provided further, That the funds made available 3 under this heading for information technology systems de4 velopment, modernization, and enhancement, shall be for 5 the projects, and in the amounts, specified under this 6 heading in the explanatory statement described in section 7 4 (in the matter preceding division A of this consolidated 8 Act). 9 10 OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector 11 General, to include information technology, in carrying out 12 the provisions of the Inspector General Act of 1978 (5 13 U.S.C. App.), $136,766,000, of which not to exceed 14 $12,676,000 shall remain available until September 30, 15 2017. 16 17 CONSTRUCTION, MAJOR PROJECTS For constructing, altering, extending, and improving 18 any of the facilities, including parking projects, under the 19 jurisdiction or for the use of the Department of Veterans 20 Affairs, or for any of the purposes set forth in sections 21 316, 2404, 2406 and chapter 81 of title 38, United States 22 Code, not otherwise provided for, including planning, ar23 chitectural and engineering services, construction manage24 ment services, maintenance or guarantee period services 25 costs associated with equipment guarantees provided December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1105 1 under the project, services of claims analysts, offsite utility 2 and storm drainage system construction costs, and site ac3 quisition, where the estimated cost of a project is more 4 than the amount set forth in section 8104(a)(3)(A) of title 5 38, United States Code, or where funds for a project were 6 made available in a previous major project appropriation, 7 $1,243,800,000, of which $1,163,800,000 shall remain 8 available until September 30, 2020, and of which 9 $80,000,000 shall remain available until expended: Pro10 vided, That except for advance planning activities, includ11 ing needs assessments which may or may not lead to cap12 ital investments, and other capital asset management re13 lated activities, including portfolio development and man14 agement activities, and investment strategy studies funded 15 through the advance planning fund and the planning and 16 design activities funded through the design fund, including 17 needs assessments which may or may not lead to capital 18 investments, and salaries and associated costs of the resi19 dent engineers who oversee those capital investments 20 funded through this account, and funds provided for the 21 purchase of land for the National Cemetery Administra22 tion through the land acquisition line item, none of the 23 funds made available under this heading shall be used for 24 any project which has not been approved by the Congress 25 in the budgetary process: Provided further, That funds December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1106 1 made available under this heading for fiscal year 2016, 2 for each approved project shall be obligated: (1) by the 3 awarding of a construction documents contract by Sep4 tember 30, 2016; and (2) by the awarding of a construc5 tion contract by September 30, 2017: Provided further, 6 That the Secretary of Veterans Affairs shall promptly sub7 mit to the Committees on Appropriations of both Houses 8 of Congress a written report on any approved major con9 struction project for which obligations are not incurred 10 within the time limitations established above: Provided 11 further, That, of the amount made available under this 12 heading, $649,000,000 for Veterans Health Administra13 tion major construction projects shall not be available 14 until the Department of Veterans Affairs— 15 (1) enters into an agreement with an appro- 16 priate non-Department of Veterans Affairs Federal 17 entity to serve as the design and/or construction 18 agent for any Veterans Health Administration major 19 construction project with a Total Estimated Cost of 20 $100,000,000 or above by providing full project 21 management services, including management of the 22 project design, acquisition, construction, and con- 23 tract changes, consistent with section 502 of Public 24 Law 114–58; and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1107 1 (2) certifies in writing that such an agreement 2 is executed and intended to minimize or prevent sub- 3 sequent major construction project cost overruns 4 and provides a copy of the agreement entered into 5 and any required supplementary information to the 6 Committees on Appropriations of both Houses of 7 Congress. 8 9 CONSTRUCTION, MINOR PROJECTS For constructing, altering, extending, and improving 10 any of the facilities, including parking projects, under the 11 jurisdiction or for the use of the Department of Veterans 12 Affairs, including planning and assessments of needs 13 which may lead to capital investments, architectural and 14 engineering services, maintenance or guarantee period 15 services costs associated with equipment guarantees pro16 vided under the project, services of claims analysts, offsite 17 utility and storm drainage system construction costs, and 18 site acquisition, or for any of the purposes set forth in 19 sections 316, 2404, 2406 and chapter 81 of title 38, 20 United States Code, not otherwise provided for, where the 21 estimated cost of a project is equal to or less than the 22 amount set forth in section 8104(a)(3)(A) of title 38, 23 United States Code, $406,200,000, to remain available 24 until September 30, 2020, along with unobligated balances 25 of previous ‘‘Construction, Minor Projects’’ appropriations December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1108 1 which are hereby made available for any project where the 2 estimated cost is equal to or less than the amount set forth 3 in such section: Provided, That funds made available 4 under this heading shall be for: (1) repairs to any of the 5 nonmedical facilities under the jurisdiction or for the use 6 of the Department which are necessary because of loss or 7 damage caused by any natural disaster or catastrophe; 8 and (2) temporary measures necessary to prevent or to 9 minimize further loss by such causes. 10 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE 11 FACILITIES 12 For grants to assist States to acquire or construct 13 State nursing home and domiciliary facilities and to re14 model, modify, or alter existing hospital, nursing home, 15 and domiciliary facilities in State homes, for furnishing 16 care to veterans as authorized by sections 8131 through 17 8137 of title 38, United States Code, $120,000,000, to 18 remain available until expended. 19 GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES 20 For grants to assist States and tribal organizations 21 in establishing, expanding, or improving veterans ceme22 teries as authorized by section 2408 of title 38, United 23 States Code, $46,000,000, to remain available until ex24 pended. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1109 1 ADMINISTRATIVE PROVISIONS 2 (INCLUDING TRANSFER OF FUNDS) 3 SEC. 201. Any appropriation for fiscal year 2016 for 4 ‘‘Compensation and Pensions’’, ‘‘Readjustment Benefits’’, 5 and ‘‘Veterans Insurance and Indemnities’’ may be trans6 ferred as necessary to any other of the mentioned appro7 priations: Provided, That, before a transfer may take 8 place, the Secretary of Veterans Affairs shall request from 9 the Committees on Appropriations of both Houses of Con10 gress the authority to make the transfer and such Com11 mittees issue an approval, or absent a response, a period 12 of 30 days has elapsed. 13 14 (INCLUDING TRANSFER OF FUNDS) SEC. 202. Amounts made available for the Depart- 15 ment of Veterans Affairs for fiscal year 2016, in this or 16 any other Act, under the ‘‘Medical Services’’, ‘‘Medical 17 Support and Compliance’’, and ‘‘Medical Facilities’’ ac18 counts may be transferred among the accounts: Provided, 19 That any transfers between the ‘‘Medical Services’’ and 20 ‘‘Medical Support and Compliance’’ accounts of 1 percent 21 or less of the total amount appropriated to the account 22 in this or any other Act may take place subject to notifica23 tion from the Secretary of Veterans Affairs to the Com24 mittees on Appropriations of both Houses of Congress of 25 the amount and purpose of the transfer: Provided further, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1110 1 That any transfers between the ‘‘Medical Services’’ and 2 ‘‘Medical Support and Compliance’’ accounts in excess of 3 1 percent, or exceeding the cumulative 1 percent for the 4 fiscal year, may take place only after the Secretary re5 quests from the Committees on Appropriations of both 6 Houses of Congress the authority to make the transfer 7 and an approval is issued: Provided further, That any 8 transfers to or from the ‘‘Medical Facilities’’ account may 9 take place only after the Secretary requests from the Com10 mittees on Appropriations of both Houses of Congress the 11 authority to make the transfer and an approval is issued. 12 SEC. 203. Appropriations available in this title for 13 salaries and expenses shall be available for services au14 thorized by section 3109 of title 5, United States Code; 15 hire of passenger motor vehicles; lease of a facility or land 16 or both; and uniforms or allowances therefore, as author17 ized by sections 5901 through 5902 of title 5, United 18 States Code. 19 SEC. 204. No appropriations in this title (except the 20 appropriations for ‘‘Construction, Major Projects’’, and 21 ‘‘Construction, Minor Projects’’) shall be available for the 22 purchase of any site for or toward the construction of any 23 new hospital or home. 24 SEC. 205. No appropriations in this title shall be 25 available for hospitalization or examination of any persons December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1111 1 (except beneficiaries entitled to such hospitalization or ex2 amination under the laws providing such benefits to vet3 erans, and persons receiving such treatment under sec4 tions 7901 through 7904 of title 5, United States Code, 5 or the Robert T. Stafford Disaster Relief and Emergency 6 Assistance Act (42 U.S.C. 5121 et seq.)), unless reim7 bursement of the cost of such hospitalization or examina8 tion is made to the ‘‘Medical Services’’ account at such 9 rates as may be fixed by the Secretary of Veterans Affairs. 10 SEC. 206. Appropriations available in this title for 11 ‘‘Compensation and Pensions’’, ‘‘Readjustment Benefits’’, 12 and ‘‘Veterans Insurance and Indemnities’’ shall be avail13 able for payment of prior year accrued obligations re14 quired to be recorded by law against the corresponding 15 prior year accounts within the last quarter of fiscal year 16 2015. 17 SEC. 207. Appropriations available in this title shall 18 be available to pay prior year obligations of corresponding 19 prior year appropriations accounts resulting from sections 20 3328(a), 3334, and 3712(a) of title 31, United States 21 Code, except that if such obligations are from trust fund 22 accounts they shall be payable only from ‘‘Compensation 23 and Pensions’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1112 1 2 (INCLUDING TRANSFER OF FUNDS) SEC. 208. Notwithstanding any other provision of 3 law, during fiscal year 2016, the Secretary of Veterans 4 Affairs shall, from the National Service Life Insurance 5 Fund under section 1920 of title 38, United States Code, 6 the Veterans’ Special Life Insurance Fund under section 7 1923 of title 38, United States Code, and the United 8 States Government Life Insurance Fund under section 9 1955 of title 38, United States Code, reimburse the ‘‘Gen10 eral Operating Expenses, Veterans Benefits Administra11 tion’’ and ‘‘Information Technology Systems’’ accounts for 12 the cost of administration of the insurance programs fi13 nanced through those accounts: Provided, That reimburse14 ment shall be made only from the surplus earnings accu15 mulated in such an insurance program during fiscal year 16 2016 that are available for dividends in that program after 17 claims have been paid and actuarially determined reserves 18 have been set aside: Provided further, That if the cost of 19 administration of such an insurance program exceeds the 20 amount of surplus earnings accumulated in that program, 21 reimbursement shall be made only to the extent of such 22 surplus earnings: Provided further, That the Secretary 23 shall determine the cost of administration for fiscal year 24 2016 which is properly allocable to the provision of each 25 such insurance program and to the provision of any total December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1113 1 disability income insurance included in that insurance pro2 gram. 3 SEC. 209. Amounts deducted from enhanced-use 4 lease proceeds to reimburse an account for expenses in5 curred by that account during a prior fiscal year for pro6 viding enhanced-use lease services, may be obligated dur7 ing the fiscal year in which the proceeds are received. 8 9 (INCLUDING TRANSFER OF FUNDS) SEC. 210. Funds available in this title or funds for 10 salaries and other administrative expenses shall also be 11 available to reimburse the Office of Resolution Manage12 ment of the Department of Veterans Affairs and the Of13 fice of Employment Discrimination Complaint Adjudica14 tion under section 319 of title 38, United States Code, 15 for all services provided at rates which will recover actual 16 costs but not to exceed $43,700,000 for the Office of Reso17 lution Management and $3,400,000 for the Office of Em18 ployment Discrimination Complaint Adjudication: Pro19 vided, That payments may be made in advance for services 20 to be furnished based on estimated costs: Provided further, 21 That amounts received shall be credited to the ‘‘General 22 Administration’’ and ‘‘Information Technology Systems’’ 23 accounts for use by the office that provided the service. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1114 1 2 (TRANSFER OF FUNDS) SEC. 211. Of the amounts made available to the De- 3 partment of Veterans Affairs for fiscal year 2016 for the 4 Office of Rural Health under the heading ‘‘Medical Serv5 ices’’, including any advance appropriation for fiscal year 6 2016 provided in prior appropriation Acts, up to 7 $20,000,000 may be transferred to and merged with funds 8 appropriated under the heading ‘‘Grants for Construction 9 of State Extended Care Facilities’’. 10 SEC. 212. No funds of the Department of Veterans 11 Affairs shall be available for hospital care, nursing home 12 care, or medical services provided to any person under 13 chapter 17 of title 38, United States Code, for a non-serv14 ice-connected disability described in section 1729(a)(2) of 15 such title, unless that person has disclosed to the Sec16 retary of Veterans Affairs, in such form as the Secretary 17 may require, current, accurate third-party reimbursement 18 information for purposes of section 1729 of such title: Pro19 vided, That the Secretary may recover, in the same man20 ner as any other debt due the United States, the reason21 able charges for such care or services from any person who 22 does not make such disclosure as required: Provided fur23 ther, That any amounts so recovered for care or services 24 provided in a prior fiscal year may be obligated by the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1115 1 Secretary during the fiscal year in which amounts are re2 ceived. 3 4 (INCLUDING TRANSFER OF FUNDS) SEC. 213. Notwithstanding any other provision of 5 law, proceeds or revenues derived from enhanced-use leas6 ing activities (including disposal) may be deposited into 7 the ‘‘Construction, Major Projects’’ and ‘‘Construction, 8 Minor Projects’’ accounts and be used for construction 9 (including site acquisition and disposition), alterations, 10 and improvements of any medical facility under the juris11 diction or for the use of the Department of Veterans Af12 fairs. Such sums as realized are in addition to the amount 13 provided for in ‘‘Construction, Major Projects’’ and ‘‘Con14 struction, Minor Projects’’. 15 SEC. 214. Amounts made available under ‘‘Medical 16 Services’’ are available— 17 18 (1) for furnishing recreational facilities, supplies, and equipment; and 19 (2) for funeral expenses, burial expenses, and 20 other expenses incidental to funerals and burials for 21 beneficiaries receiving care in the Department. 22 23 (INCLUDING TRANSFER OF FUNDS) SEC. 215. Such sums as may be deposited to the 24 Medical Care Collections Fund pursuant to section 1729A 25 of title 38, United States Code, may be transferred to December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1116 1 ‘‘Medical Services’’, to remain available until expended for 2 the purposes of that account. 3 SEC. 216. The Secretary of Veterans Affairs may 4 enter into agreements with Indian tribes and tribal organi5 zations which are party to the Alaska Native Health Com6 pact with the Indian Health Service, and Indian tribes and 7 tribal organizations serving rural Alaska which have en8 tered into contracts with the Indian Health Service under 9 the Indian Self Determination and Educational Assistance 10 Act, to provide healthcare, including behavioral health and 11 dental care. The Secretary shall require participating vet12 erans and facilities to comply with all appropriate rules 13 and regulations, as established by the Secretary. The term 14 ‘‘rural Alaska’’ shall mean those lands sited within the ex15 ternal boundaries of the Alaska Native regions specified 16 in sections 7(a)(1)–(4) and (7)–(12) of the Alaska Native 17 Claims Settlement Act, as amended (43 U.S.C. 1606), and 18 those lands within the Alaska Native regions specified in 19 sections 7(a)(5) and 7(a)(6) of the Alaska Native Claims 20 Settlement Act, as amended (43 U.S.C. 1606), which are 21 not within the boundaries of the municipality of Anchor22 age, the Fairbanks North Star Borough, the Kenai Penin23 sula Borough or the Matanuska Susitna Borough. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1117 1 2 (INCLUDING TRANSFER OF FUNDS) SEC. 217. Such sums as may be deposited to the De- 3 partment of Veterans Affairs Capital Asset Fund pursu4 ant to section 8118 of title 38, United States Code, may 5 be transferred to the ‘‘Construction, Major Projects’’ and 6 ‘‘Construction, Minor Projects’’ accounts, to remain avail7 able until expended for the purposes of these accounts. 8 SEC. 218. None of the funds made available in this 9 title may be used to implement any policy prohibiting the 10 Directors of the Veterans Integrated Services Networks 11 from conducting outreach or marketing to enroll new vet12 erans within their respective Networks. 13 SEC. 219. Not later than 30 days after the end of 14 each fiscal quarter, the Secretary of Veterans Affairs shall 15 submit to the Committees on Appropriations of both 16 Houses of Congress a report on the financial status of the 17 Department of Veterans Affairs for the preceding quarter: 18 Provided, That, at a minimum, the report shall include 19 the direction contained in the explanatory statement de20 scribed in section 4 (in the matter preceding division A 21 of this consolidated Act) in the paragraph entitled ‘‘Quar22 terly Report’’, under the heading ‘‘General Administra23 tion’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1118 1 2 (INCLUDING TRANSFER OF FUNDS) SEC. 220. Amounts made available under the ‘‘Med- 3 ical Services’’, ‘‘Medical Support and Compliance’’, ‘‘Med4 ical Facilities’’, ‘‘General Operating Expenses, Veterans 5 Benefits Administration’’, ‘‘General Administration’’, and 6 ‘‘National Cemetery Administration’’ accounts for fiscal 7 year 2016 may be transferred to or from the ‘‘Information 8 Technology Systems’’ account: Provided, That such trans9 fers may not result in a more than 10 percent aggregate 10 increase in the total amount made available by this Act 11 for the ‘‘Information Technology Systems’’ account: Pro12 vided further, That, before a transfer may take place, the 13 Secretary of Veterans Affairs shall request from the Com14 mittees on Appropriations of both Houses of Congress the 15 authority to make the transfer and an approval is issued. 16 SEC. 221. None of the funds appropriated or other- 17 wise made available by this Act or any other Act for the 18 Department of Veterans Affairs may be used in a manner 19 that is inconsistent with: (1) section 842 of the Transpor20 tation, Treasury, Housing and Urban Development, the 21 Judiciary, the District of Columbia, and Independent 22 Agencies Appropriations Act, 2006 (Public Law 109–115; 23 119 Stat. 2506); or (2) section 8110(a)(5) of title 38, 24 United States Code. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1119 1 2 (INCLUDING TRANSFER OF FUNDS) SEC. 222. Of the amounts appropriated to the De- 3 partment of Veterans Affairs for fiscal year 2016 for 4 ‘‘Medical Services’’, ‘‘Medical Support and Compliance’’, 5 ‘‘Medical Facilities’’, ‘‘Construction, Minor Projects’’, and 6 ‘‘Information Technology Systems’’, up to $267,521,000, 7 plus reimbursements, may be transferred to the Joint De8 partment of Defense-Department of Veterans Affairs 9 Medical Facility Demonstration Fund, established by sec10 tion 1704 of the National Defense Authorization Act for 11 Fiscal Year 2010 (Public Law 111–84; 123 Stat. 3571) 12 and may be used for operation of the facilities designated 13 as combined Federal medical facilities as described by sec14 tion 706 of the Duncan Hunter National Defense Author15 ization Act for Fiscal Year 2009 (Public Law 110–417; 16 122 Stat. 4500): Provided, That additional funds may be 17 transferred from accounts designated in this section to the 18 Joint Department of Defense-Department of Veterans Af19 fairs Medical Facility Demonstration Fund upon written 20 notification by the Secretary of Veterans Affairs to the 21 Committees on Appropriations of both Houses of Con22 gress: Provided further, That section 223 of Title II of 23 Division I of Public Law 113–235 is repealed. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1120 1 2 (INCLUDING TRANSFER OF FUNDS) SEC. 223. Of the amounts appropriated to the De- 3 partment of Veterans Affairs which become available on 4 October 1, 2016, for ‘‘Medical Services’’, ‘‘Medical Sup5 port and Compliance’’, and ‘‘Medical Facilities’’, up to 6 $265,675,000, plus reimbursements, may be transferred 7 to the Joint Department of Defense-Department of Vet8 erans Affairs Medical Facility Demonstration Fund, es9 tablished by section 1704 of the National Defense Author10 ization Act for Fiscal Year 2010 (Public Law 111–84; 123 11 Stat. 3571) and may be used for operation of the facilities 12 designated as combined Federal medical facilities as de13 scribed by section 706 of the Duncan Hunter National De14 fense Authorization Act for Fiscal Year 2009 (Public Law 15 110–417; 122 Stat. 4500): Provided, That additional 16 funds may be transferred from accounts designated in this 17 section to the Joint Department of Defense-Department 18 of Veterans Affairs Medical Facility Demonstration Fund 19 upon written notification by the Secretary of Veterans Af20 fairs to the Committees on Appropriations of both Houses 21 of Congress. 22 23 (INCLUDING TRANSFER OF FUNDS) SEC. 224. Such sums as may be deposited to the 24 Medical Care Collections Fund pursuant to section 1729A 25 of title 38, United States Code, for healthcare provided December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1121 1 at facilities designated as combined Federal medical facili2 ties as described by section 706 of the Duncan Hunter 3 National Defense Authorization Act for Fiscal Year 2009 4 (Public Law 110–417; 122 Stat. 4500) shall also be avail5 able: (1) for transfer to the Joint Department of Defense6 Department of Veterans Affairs Medical Facility Dem7 onstration Fund, established by section 1704 of the Na8 tional Defense Authorization Act for Fiscal Year 2010 9 (Public Law 111–84; 123 Stat. 3571); and (2) for oper10 ations of the facilities designated as combined Federal 11 medical facilities as described by section 706 of the Dun12 can Hunter National Defense Authorization Act for Fiscal 13 Year 2009 (Public Law 110–417; 122 Stat. 4500). 14 15 (INCLUDING TRANSFER OF FUNDS) SEC. 225. Of the amounts available in this title for 16 ‘‘Medical Services’’, ‘‘Medical Support and Compliance’’, 17 and ‘‘Medical Facilities’’, a minimum of $15,000,000 shall 18 be transferred to the DOD–VA Health Care Sharing In19 centive Fund, as authorized by section 8111(d) of title 38, 20 United States Code, to remain available until expended, 21 for any purpose authorized by section 8111 of title 38, 22 United States Code. 23 24 (INCLUDING RESCISSIONS OF FUNDS) SEC. 226. (a) Of the funds appropriated in title II 25 of division I of Public Law 113–235, the following December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1122 1 amounts which became available on October 1, 2015, are 2 hereby rescinded from the following accounts in the 3 amounts specified: 4 5 6 7 8 9 10 (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 11 Act, an additional amount is appropriated to the following 12 accounts in the amounts specified to remain available until 13 September 30, 2017: 14 15 16 17 18 (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 19 Facilities’’, $250,000,000. 20 SEC. 227. The Secretary of Veterans Affairs shall no- 21 tify the Committees on Appropriations of both Houses of 22 Congress of all bid savings in a major construction project 23 that total at least $5,000,000, or 5 percent of the pro24 grammed amount of the project, whichever is less: Pro25 vided, That such notification shall occur within 14 days December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1123 1 of a contract identifying the programmed amount: Pro2 vided further, That the Secretary shall notify the Commit3 tees on Appropriations of both Houses of Congress 14 4 days prior to the obligation of such bid savings and shall 5 describe the anticipated use of such savings. 6 SEC. 228. None of the funds made available for 7 ‘‘Construction, Major Projects’’ may be used for a project 8 in excess of the scope specified for that project in the origi9 nal justification data provided to the Congress as part of 10 the request for appropriations unless the Secretary of Vet11 erans Affairs receives approval from the Committees on 12 Appropriations of both Houses of Congress. 13 SEC. 229. The Secretary of Veterans Affairs shall 14 submit to the Committees on Appropriations of both 15 Houses of Congress a quarterly report that contains the 16 following information from each Veterans Benefits Admin17 istration Regional Office: (1) the average time to complete 18 a disability compensation claim; (2) the number of claims 19 pending more than 125 days, disaggregated by initial and 20 supplemental claims; (3) error rates; (4) the number of 21 claims personnel; (5) any corrective action taken within 22 the quarter to address poor performance; (6) training pro23 grams undertaken; and (7) the number and results of 24 Quality Review Team audits: Provided, That each quar- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1124 1 terly report shall be submitted no later than 30 days after 2 the end of the respective quarter. 3 SEC. 230. Of the funds provided to the Department 4 of Veterans Affairs for fiscal year 2016 for ‘‘Medical Serv5 ices’’ and ‘‘Medical Support and Compliance’’, a maximum 6 of $5,000,000 may be obligated from the ‘‘Medical Serv7 ices’’ account and a maximum of $154,596,000 may be 8 obligated from the ‘‘Medical Support and Compliance’’ ac9 count for the VistA Evolution and electronic health record 10 interoperability projects: Provided, That funds in addition 11 to these amounts may be obligated for the VistA Evolution 12 and electronic health record interoperability projects upon 13 written notification by the Secretary of Veterans Affairs 14 to the Committees on Appropriations of both Houses of 15 Congress. 16 SEC. 231. The Secretary of Veterans Affairs shall 17 provide written notification to the Committees on Appro18 priations of both Houses of Congress 15 days prior to or19 ganizational changes which result in the transfer of 25 or 20 more full-time equivalents from one organizational unit of 21 the Department of Veterans Affairs to another. 22 SEC. 232. The Secretary of Veterans Affairs shall 23 provide on a quarterly basis to the Committees on Appro24 priations of both Houses of Congress notification of any December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1125 1 single national outreach and awareness marketing cam2 paign in which obligations exceed $2,000,000. 3 SEC. 233. None of the funds available to the Depart- 4 ment of Veterans Affairs, in this or any other Act, may 5 be used to replace the current system by which the Vet6 erans Integrated Service Networks select and contract for 7 diabetes monitoring supplies and equipment. 8 9 (INCLUDING TRANSFER OF FUNDS) SEC. 234. The Secretary of Veterans Affairs, upon 10 determination that such action is necessary to address 11 needs of the Veterans Health Administration, may trans12 fer to the ‘‘Medical Services’’ account any discretionary 13 appropriations made available for fiscal year 2016 in this 14 title (except appropriations made to the ‘‘General Oper15 ating Expenses, Veterans Benefits Administration’’ ac16 count) or any discretionary unobligated balances within 17 the Department of Veterans Affairs, including those ap18 propriated for fiscal year 2016, that were provided in ad19 vance by appropriations Acts: Provided, That transfers 20 shall be made only with the approval of the Office of Man21 agement and Budget: Provided further, That the transfer 22 authority provided in this section is in addition to any 23 other transfer authority provided by law: Provided further, 24 That no amounts may be transferred from amounts that 25 were designated by Congress as an emergency requirement December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1126 1 pursuant to a concurrent resolution on the budget or the 2 Balanced Budget and Emergency Deficit Control Act of 3 1985: Provided further, That such authority to transfer 4 may not be used unless for higher priority items, based 5 on emergent healthcare requirements, than those for 6 which originally appropriated and in no case where the 7 item for which funds are requested has been denied by 8 Congress: Provided further, That, upon determination that 9 all or part of the funds transferred from an appropriation 10 are not necessary, such amounts may be transferred back 11 to that appropriation and shall be available for the same 12 purposes as originally appropriated: Provided further, 13 That before a transfer may take place, the Secretary of 14 Veterans Affairs shall request from the Committees on 15 Appropriations of both Houses of Congress the authority 16 to make the transfer and receive approval of that request. 17 18 (INCLUDING TRANSFER OF FUNDS) SEC. 235. Amounts made available for the Depart- 19 ment of Veterans Affairs for fiscal year 2016, under the 20 ‘‘Board of Veterans Appeals’’ and the ‘‘General Operating 21 Expenses, Veterans Benefits Administration’’ accounts 22 may be transferred between such accounts: Provided, That 23 before a transfer may take place, the Secretary of Vet24 erans Affairs shall request from the Committees on Appro25 priations of both Houses of Congress the authority to December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1127 1 make the transfer and receive approval from such Com2 mittees for such request. 3 4 (RESCISSION OF FUNDS) SEC. 236. Of the unobligated balances available with- 5 in the ‘‘DOD–VA Health Care Sharing Incentive Fund’’, 6 $30,000,000 are hereby rescinded. 7 SEC. 237. The Secretary of Veterans Affairs may not 8 reprogram funds among major construction projects or 9 programs if such instance of reprogramming will exceed 10 $5,000,000, unless such reprogramming is approved by 11 the Committees on Appropriations of both Houses of Con12 gress. 13 SEC. 238. Section 2302(a)(2)(A)(viii) of title 5, 14 United States Code, is amended by inserting ‘‘or under 15 title 38’’ after ‘‘of this title’’. 16 SEC. 239. Section 312 of title 38, United States 17 Code, is amended by adding at the end the following new 18 subsection: 19 ‘‘(c)(1) Whenever the Inspector General, in carrying 20 out the duties and responsibilities established under the 21 Inspector General Act of 1978 (5 U.S.C. App.), issues a 22 work product that makes a recommendation or otherwise 23 suggests corrective action, the Inspector General shall— 24 25 December 16, 2015 (1:04 a.m.) ‘‘(A) submit the work product to— ‘‘(i) the Secretary; U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1128 1 ‘‘(ii) the Committee on Veterans’ Af- 2 fairs, the Committee on Homeland Secu- 3 rity and Governmental Affairs, and the 4 Committee on Appropriations of the Sen- 5 ate; 6 ‘‘(iii) the Committee on Veterans’ Af- 7 fairs, the Committee on Oversight and 8 Government Reform, and the Committee 9 on Appropriations of the House of Rep- 10 resentatives; 11 ‘‘(iv) if the work product was initiated 12 upon request by an individual or entity 13 other than the Inspector General, that in- 14 dividual or entity; and 15 ‘‘(v) any Member of Congress upon 16 request; and 17 ‘‘(B) the Inspector General shall submit all 18 final work products to— 19 ‘‘(i) if the work product was initiated 20 upon request by an individual or entity 21 other than the Inspector General, that in- 22 dividual or entity; and 23 24 December 16, 2015 (1:04 a.m.) ‘‘(ii) any Member of Congress upon request; and U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1129 1 ‘‘(C) not later than 3 days after the work 2 product is submitted in final form to the Sec- 3 retary, post the work product on the Internet 4 website of the Inspector General. 5 ‘‘(2) Nothing in this subsection shall be con- 6 strued to authorize the public disclosure of informa- 7 tion that is specifically prohibited from disclosure by 8 any other provision of law.’’. 9 SEC. 240. None of the funds provided in this Act may 10 be used to pay the salary of any individual who (a) was 11 the Executive Director of the Office of Acquisition, Logis12 tics and Construction, and (b) who retired from Federal 13 service in the midst of an investigation, initiated by the 14 Department of Veterans Affairs, into delays and cost over15 runs associated with the design and construction of the 16 new medical center in Aurora, Colorado. 17 SEC. 241. None of the funds appropriated in this or 18 prior appropriations Acts or otherwise made available to 19 the Department of Veterans Affairs may be used to trans20 fer any amounts from the Filipino Veterans Equity Com21 pensation Fund to any other account within the Depart22 ment of Veterans Affairs. 23 SEC. 242. None of the amounts appropriated or oth- 24 erwise made available by title II may be used to carry out 25 the Home Marketing Incentive Program of the Depart- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1130 1 ment of Veterans Affairs or to carry out the Appraisal 2 Value Offer Program of the Department with respect to 3 an employee of the Department in a senior executive posi4 tion (as defined in section 713(g) of title 38, United States 5 Code): Provided, That the Secretary may waive this prohi6 bition with respect to the use of the Home Marketing In7 centive Program and Appraisal Value Offer Program to 8 recruit for a position for which recruitment or retention 9 of qualified personnel is likely to be difficult in the absence 10 of the use of these incentives: Provided further, That with11 in 15 days of a determination by the Secretary to waive 12 this prohibition, the Secretary shall submit written notifi13 cation thereof to the Committees on Appropriations of 14 both Houses of Congress containing the reasons and iden15 tifying the position title for which the waiver has been 16 issued. 17 18 (INCLUDING TRANSFER OF FUNDS) SEC. 243. There is hereby established in the Treasury 19 of the United States a fund to be known as the ‘‘Recurring 20 Expenses Transformational Fund’’ (the Fund): Provided, 21 That unobligated balances of expired discretionary funds 22 appropriated in this or any succeeding fiscal year from the 23 General Fund of the Treasury to the Department of Vet24 erans Affairs by this or any other Act may be transferred 25 (at the end of the fifth fiscal year after the last fiscal year December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1131 1 for which such funds are available for the purposes for 2 which appropriated) into the Fund: Provided further, That 3 amounts deposited in the Fund shall be available until ex4 pended, and in addition to such other funds as may be 5 available for such purposes, for facilities infrastructure 6 improvements, including nonrecurring maintenance, at ex7 isting hospitals and clinics of the Veterans Health Admin8 istration, and information technology systems improve9 ments and sustainment, subject to approval by the Office 10 of Management and Budget: Provided further, That prior 11 to obligation of any amounts in the Fund, the Secretary 12 of Veterans Affairs shall request from the Committees on 13 Appropriations of both Houses of Congress the authority 14 to make such obligation and such Committees issue an ap15 proval, or absent a response, a period of 30 days has 16 elapsed. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1132 1 TITLE III 2 RELATED AGENCIES 3 AMERICAN BATTLE MONUMENTS COMMISSION 4 SALARIES AND EXPENSES 5 For necessary expenses, not otherwise provided for, 6 of the American Battle Monuments Commission, including 7 the acquisition of land or interest in land in foreign coun8 tries; purchases and repair of uniforms for caretakers of 9 national cemeteries and monuments outside of the United 10 States and its territories and possessions; rent of office 11 and garage space in foreign countries; purchase (one-for12 one replacement basis only) and hire of passenger motor 13 vehicles; not to exceed $7,500 for official reception and 14 representation expenses; and insurance of official motor 15 vehicles in foreign countries, when required by law of such 16 countries, $105,100,000, to remain available until ex17 pended. 18 19 FOREIGN CURRENCY FLUCTUATIONS ACCOUNT For necessary expenses, not otherwise provided for, 20 of the American Battle Monuments Commission, such 21 sums as may be necessary, to remain available until ex22 pended, for purposes authorized by section 2109 of title 23 36, United States Code. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1133 1 UNITED STATES COURT OF APPEALS FOR 2 CLAIMS 3 SALARIES AND EXPENSES 4 VETERANS For necessary expenses for the operation of the 5 United States Court of Appeals for Veterans Claims as 6 authorized by sections 7251 through 7298 of title 38, 7 United States Code, $32,141,000: Provided, That 8 $2,500,000 shall be available for the purpose of providing 9 financial assistance as described, and in accordance with 10 the process and reporting procedures set forth, under this 11 heading in Public Law 102–229. 12 DEPARTMENT OF DEFENSE—CIVIL 13 CEMETERIAL EXPENSES, ARMY 14 SALARIES AND EXPENSES 15 For necessary expenses for maintenance, operation, 16 and improvement of Arlington National Cemetery and Sol17 diers’ and Airmen’s Home National Cemetery, including 18 the purchase or lease of passenger motor vehicles for re19 placement on a one-for-one basis only, and not to exceed 20 $1,000 for official reception and representation expenses, 21 $79,516,000, of which not to exceed $15,000,000 shall re22 main available until September 30, 2018. In addition, 23 such sums as may be necessary for parking maintenance, 24 repairs and replacement, to be derived from the ‘‘Lease December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1134 1 of Department of Defense Real Property for Defense 2 Agencies’’ account. 3 ARMED FORCES RETIREMENT HOME 4 TRUST FUND 5 For expenses necessary for the Armed Forces Retire- 6 ment Home to operate and maintain the Armed Forces 7 Retirement Home—Washington, District of Columbia, 8 and the Armed Forces Retirement Home—Gulfport, Mis9 sissippi, to be paid from funds available in the Armed 10 Forces Retirement Home Trust Fund, $64,300,000, of 11 which $1,000,000 shall remain available until expended 12 for construction and renovation of the physical plants at 13 the Armed Forces Retirement Home—Washington, Dis14 trict of Columbia, and the Armed Forces Retirement 15 Home—Gulfport, Mississippi: Provided, That of the 16 amounts made available under this heading from funds 17 available in the Armed Forces Retirement Home Trust 18 Fund, $20,000,000 shall be paid from the general fund 19 of the Treasury to the Trust Fund. 20 21 ADMINISTRATIVE PROVISIONS SEC. 301. Funds appropriated in this Act under the 22 heading ‘‘Department of Defense—Civil, Cemeterial Ex23 penses, Army’’, may be provided to Arlington County, Vir24 ginia, for the relocation of the federally owned water main December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1135 1 at Arlington National Cemetery, making additional land 2 available for ground burials. 3 SEC. 302. Amounts deposited into the special account 4 established under 10 U.S.C. 4727 are appropriated and 5 shall be available until expended to support activities at 6 the Army National Military Cemeteries. 7 TITLE IV 8 GENERAL PROVISIONS 9 SEC. 401. No part of any appropriation contained in 10 this Act shall remain available for obligation beyond the 11 current fiscal year unless expressly so provided herein. 12 SEC. 402. None of the funds made available in this 13 Act may be used for any program, project, or activity, 14 when it is made known to the Federal entity or official 15 to which the funds are made available that the program, 16 project, or activity is not in compliance with any Federal 17 law relating to risk assessment, the protection of private 18 property rights, or unfunded mandates. 19 SEC. 403. All departments and agencies funded under 20 this Act are encouraged, within the limits of the existing 21 statutory authorities and funding, to expand their use of 22 ‘‘E-Commerce’’ technologies and procedures in the con23 duct of their business practices and public service activi24 ties. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1136 1 SEC. 404. Unless stated otherwise, all reports and no- 2 tifications required by this Act shall be submitted to the 3 Subcommittee on Military Construction and Veterans Af4 fairs, and Related Agencies of the Committee on Appro5 priations of the House of Representatives and the Sub6 committee on Military Construction and Veterans Affairs, 7 and Related Agencies of the Committee on Appropriations 8 of the Senate. 9 SEC. 405. None of the funds made available in this 10 Act may be transferred to any department, agency, or in11 strumentality of the United States Government except 12 pursuant to a transfer made by, or transfer authority pro13 vided in, this or any other appropriations Act. 14 SEC. 406. None of the funds made available in this 15 Act may be used for a project or program named for an 16 individual serving as a Member, Delegate, or Resident 17 Commissioner of the United States House of Representa18 tives. 19 SEC. 407. (a) Any agency receiving funds made avail- 20 able in this Act, shall, subject to subsections (b) and (c), 21 post on the public Web site of that agency any report re22 quired to be submitted by the Congress in this or any 23 other Act, upon the determination by the head of the agen24 cy that it shall serve the national interest. 25 December 16, 2015 (1:04 a.m.) (b) Subsection (a) shall not apply to a report if— U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1137 1 2 3 (1) the public posting of the report compromises national security; or (2) the report contains confidential or propri- 4 etary information. 5 (c) The head of the agency posting such report shall 6 do so only after such report has been made available to 7 the requesting Committee or Committees of Congress for 8 no less than 45 days. 9 SEC. 408. (a) None of the funds made available in 10 this Act may be used to maintain or establish a computer 11 network unless such network blocks the viewing, 12 downloading, and exchanging of pornography. 13 (b) Nothing in subsection (a) shall limit the use of 14 funds necessary for any Federal, State, tribal, or local law 15 enforcement agency or any other entity carrying out crimi16 nal investigations, prosecution, or adjudication activities. 17 SEC. 409. None of the funds made available in this 18 Act may be used by an agency of the executive branch 19 to pay for first-class travel by an employee of the agency 20 in contravention of sections 301–10.122 through 301– 21 10.124 of title 41, Code of Federal Regulations. 22 SEC. 410. None of the funds made available in this 23 Act may be used to execute a contract for goods or serv24 ices, including construction services, where the contractor 25 has not complied with Executive Order No. 12989. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1138 1 SEC. 411. None of the funds made available by this 2 Act may be used by the Department of Defense or the 3 Department of Veterans Affairs to lease or purchase new 4 light duty vehicles for any executive fleet, or for an agen5 cy’s fleet inventory, except in accordance with Presidential 6 Memorandum—Federal Fleet Performance, dated May 7 24, 2011. 8 SEC. 412. (a) IN GENERAL.—None of the funds ap- 9 propriated or otherwise made available to the Department 10 of Defense in this Act may be used to construct, renovate, 11 or expand any facility in the United States, its territories, 12 or possessions to house any individual detained at United 13 States Naval Station, Guanta´namo Bay, Cuba, for the 14 purposes of detention or imprisonment in the custody or 15 under the control of the Department of Defense. 16 (b) The prohibition in subsection (a) shall not apply 17 to any modification of facilities at United States Naval 18 Station, Guanta´namo Bay, Cuba. 19 (c) An individual described in this subsection is any 20 individual who, as of June 24, 2009, is located at United 21 States Naval Station, Guanta´namo Bay, Cuba, and who— 22 (1) is not a citizen of the United States or a 23 member of the Armed Forces of the United States; 24 and 25 December 16, 2015 (1:04 a.m.) (2) is— U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1139 1 2 (A) in the custody or under the effective control of the Department of Defense; or 3 (B) otherwise under detention at United 4 States Naval Station, Guanta´namo Bay, Cuba. 5 This division may be cited as the ‘‘Military Construc- 6 tion, Veterans Affairs, and Related Agencies Appropria7 tions Act, 2016’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1140 1 DIVISION K—DEPARTMENT OF STATE, 2 FOREIGN OPERATIONS, AND RELATED 3 PROGRAMS 4 2016 APPROPRIATIONS ACT, 5 TITLE I 6 DEPARTMENT OF STATE AND RELATED 7 AGENCY 8 DEPARTMENT OF STATE 9 10 11 ADMINISTRATION OF FOREIGN AFFAIRS DIPLOMATIC AND CONSULAR PROGRAMS For necessary expenses of the Department of State 12 and the Foreign Service not otherwise provided for, 13 $5,622,170,000, of which up to $629,055,000 may remain 14 available until September 30, 2017, and of which up to 15 $1,428,468,000 may remain available until expended for 16 Worldwide Security Protection: Provided, That funds 17 made available under this heading shall be allocated in ac18 cordance with paragraphs (1) through (4) as follows: 19 (1) HUMAN RESOURCES.—For necessary ex- 20 penses for training, human resources management, 21 and salaries, including employment without regard 22 to civil service and classification laws of persons on 23 a temporary basis (not to exceed $700,000), as au- 24 thorized by section 801 of the United States Infor- 25 mation and Educational Exchange Act of 1948, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1141 1 $2,181,622,000, of which up to $358,833,000 is for 2 Worldwide Security Protection. 3 (2) OVERSEAS PROGRAMS.—For necessary ex- 4 penses for the regional bureaus of the Department 5 of State and overseas activities as authorized by law, 6 $1,561,840,000. 7 (3) DIPLOMATIC POLICY AND SUPPORT.—For 8 necessary expenses for the functional bureaus of the 9 Department of State, including representation to 10 certain international organizations in which the 11 United States participates pursuant to treaties rati- 12 fied pursuant to the advice and consent of the Sen- 13 ate or specific Acts of Congress, general administra- 14 tion, and arms control, nonproliferation and disar- 15 mament activities as authorized, $791,121,000. 16 (4) SECURITY PROGRAMS.—For necessary ex- 17 penses for security activities, $1,087,587,000, of 18 which up to $1,069,635,000 is for Worldwide Secu- 19 rity Protection. 20 (5) FEES AND PAYMENTS COLLECTED.—In ad- 21 dition to amounts otherwise made available under 22 this heading— 23 (A) not to exceed $1,840,900 shall be de- 24 rived from fees collected from other executive 25 agencies for lease or use of facilities located at December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1142 1 the International Center in accordance with sec- 2 tion 4 of the International Center Act, and, in 3 addition, as authorized by section 5 of such 4 Act, $743,000, to be derived from the reserve 5 authorized by that section, to be used for the 6 purposes set out in that section; 7 (B) as authorized by section 810 of the 8 United States Information and Educational Ex- 9 change Act, not to exceed $5,000,000, to re- 10 main available until expended, may be credited 11 to this appropriation from fees or other pay- 12 ments received from English teaching, library, 13 motion pictures, and publication programs and 14 from fees from educational advising and coun- 15 seling and exchange visitor programs; and 16 (C) not to exceed $15,000, which shall be 17 derived from reimbursements, surcharges, and 18 fees for use of Blair House facilities. 19 (6) TRANSFER, 20 REPROGRAMMING, AND OTHER MATTERS.— 21 (A) Notwithstanding any other provision of 22 this Act, funds may be reprogrammed within 23 and between paragraphs (1) through (4) under 24 this heading subject to section 7015 of this Act. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1143 1 (B) Of the amount made available under 2 this heading, not to exceed $10,000,000 may be 3 transferred to, and merged with, funds made 4 available by this Act under the heading ‘‘Emer- 5 gencies in the Diplomatic and Consular Serv- 6 ice’’, to be available only for emergency evacu- 7 ations and rewards, as authorized. 8 (C) Funds appropriated under this heading 9 are available for acquisition by exchange or pur- 10 chase of passenger motor vehicles as authorized 11 by law and, pursuant to section 1108(g) of title 12 31, United States Code, for the field examina- 13 tion of programs and activities in the United 14 States funded from any account contained in 15 this title. 16 (D) Funds appropriated under this head- 17 ing may be made available for Conflict Sta- 18 bilization Operations and for related reconstruc- 19 tion and stabilization assistance to prevent or 20 respond to conflict or civil strife in foreign 21 countries or regions, or to enable transition 22 from such strife. 23 (E) Funds appropriated under this head- 24 ing in this Act that are designated for World- 25 wide Security Protection shall continue to be December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1144 1 made available for support of security-related 2 training at sites in existence prior to the enact- 3 ment of this Act: Provided, That in addition to 4 such funds, up to $99,113,000 of the funds 5 made available under this heading in this Act 6 may be obligated for a Foreign Affairs Security 7 Training Center (FASTC) only after the Sec- 8 retary of State— 9 (i) submits to the appropriate con- 10 gressional committees a comprehensive 11 analysis of a minimum of three different 12 locations for FASTC assessing the feasi- 13 bility and comparing the costs and benefits 14 of delivering training at each such location; 15 and 16 (ii) notifies the appropriate congres- 17 sional committees at least 15 days in ad- 18 vance of such obligation: Provided, That 19 such notification shall also include a jus- 20 tification for any decision made by the De- 21 partment of State to obligate funds for 22 FASTC. 23 (F) None of the funds appropriated under 24 this heading may be used for the preservation 25 of religious sites unless the Secretary of State December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1145 1 determines and reports to the Committees on 2 Appropriations that such sites are historically, 3 artistically, or culturally significant, that the 4 purpose of the project is neither to advance nor 5 to inhibit the free exercise of religion, and that 6 the project is in the national interest of the 7 United States. 8 CAPITAL INVESTMENT FUND 9 For necessary expenses of the Capital Investment 10 Fund, $66,400,000, to remain available until expended, 11 as authorized. 12 OFFICE OF INSPECTOR GENERAL 13 For necessary expenses of the Office of Inspector 14 General, $72,700,000, notwithstanding section 209(a)(1) 15 of the Foreign Service Act of 1980 (Public Law 96–465), 16 as it relates to post inspections: Provided, That of the 17 funds appropriated under this heading, $10,905,000 may 18 remain available until September 30, 2017. 19 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS 20 For expenses of educational and cultural exchange 21 programs, as authorized, $590,900,000, to remain avail22 able until expended, of which not less than $236,000,000 23 shall be for the Fulbright Program and not less than 24 $102,000,000 shall be for Citizen Exchange Program, in25 cluding $4,000,000 for the Congress-Bundestag Youth December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1146 1 Exchange: Provided, That fees or other payments received 2 from, or in connection with, English teaching, educational 3 advising and counseling programs, and exchange visitor 4 programs as authorized may be credited to this account, 5 to remain available until expended: Provided further, That 6 not later than 45 days after enactment of this Act, the 7 Secretary of State shall submit a report to the Committees 8 on Appropriations detailing modifications made to existing 9 educational and cultural exchange programs since cal10 endar year 2014, including for special academic and spe11 cial professional and cultural exchanges: Provided further, 12 That a portion of the Fulbright awards from the Eurasia 13 and Central Asia regions shall be designated as Edmund 14 S. Muskie Fellowships, following consultation with the 15 Committees on Appropriations: Provided further, That De16 partment of State-designated sponsors may not issue a 17 Form DS–2019 (Certificate of Eligibility for Exchange 18 Visitor (J–1) Status) to place student participants in sea19 food product preparation or packaging positions in the 20 Summer Work Travel program in fiscal year 2016 unless 21 prior to issuing such Form the sponsor provides to the 22 Secretary of State a description of such program and 23 verifies in writing to the Secretary that such program fully 24 complies with part 62 of title 22 of the Code of Federal 25 Regulations, notwithstanding subsection 62.32(h)(16) of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1147 1 such part, and with the requirements specified under this 2 heading in the explanatory statement described in section 3 4 (in the matter preceding division A of this Consolidated 4 Act): Provided further, That any substantive modifications 5 from the prior fiscal year to programs funded by this Act 6 under this heading shall be subject to prior consultation 7 with, and the regular notification procedures of, the Com8 mittees on Appropriations. 9 REPRESENTATION EXPENSES 10 For representation expenses as authorized, 11 $8,030,000. 12 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS 13 For expenses, not otherwise provided, to enable the 14 Secretary of State to provide for extraordinary protective 15 services, as authorized, $30,036,000, to remain available 16 until September 30, 2017. 17 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE 18 For necessary expenses for carrying out the Foreign 19 Service Buildings Act of 1926 (22 U.S.C. 292 et seq.), 20 preserving, maintaining, repairing, and planning for build21 ings that are owned or directly leased by the Department 22 of State, renovating, in addition to funds otherwise avail23 able, the Harry S Truman Building, and carrying out the 24 Diplomatic Security Construction Program as authorized, 25 $785,097,000, to remain available until expended as au- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1148 1 thorized, of which not to exceed $25,000 may be used for 2 domestic and overseas representation expenses as author3 ized: Provided, That none of the funds appropriated in this 4 paragraph shall be available for acquisition of furniture, 5 furnishings, or generators for other departments and 6 agencies. 7 In addition, for the costs of worldwide security up- 8 grades, acquisition, and construction as authorized, 9 $688,799,000, to remain available until expended: Pro10 vided, That not later than 45 days after enactment of this 11 Act, the Secretary of State shall submit to the Committees 12 on Appropriations the proposed allocation of funds made 13 available under this heading and the actual and antici14 pated proceeds of sales for all projects in fiscal year 2016. 15 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR 16 SERVICE 17 For necessary expenses to enable the Secretary of 18 State to meet unforeseen emergencies arising in the Diplo19 matic and Consular Service, $7,900,000, to remain avail20 able until expended as authorized, of which not to exceed 21 $1,000,000 may be transferred to, and merged with, funds 22 appropriated by this Act under the heading ‘‘Repatriation 23 Loans Program Account’’, subject to the same terms and 24 conditions. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1149 1 REPATRIATION LOANS PROGRAM ACCOUNT 2 For the cost of direct loans, $1,300,000, as author- 3 ized: Provided, That such costs, including the cost of 4 modifying such loans, shall be as defined in section 502 5 of the Congressional Budget Act of 1974: Provided fur6 ther, That such funds are available to subsidize gross obli7 gations for the principal amount of direct loans not to ex8 ceed $2,444,528. 9 PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN 10 For necessary expenses to carry out the Taiwan Rela- 11 tions Act (Public Law 96–8), $30,000,000. 12 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND 13 DISABILITY FUND 14 For payment to the Foreign Service Retirement and 15 Disability Fund, as authorized, $158,900,000. 16 INTERNATIONAL ORGANIZATIONS 17 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS 18 For necessary expenses, not otherwise provided for, 19 to meet annual obligations of membership in international 20 multilateral organizations, pursuant to treaties ratified 21 pursuant to the advice and consent of the Senate, conven22 tions or specific Acts of Congress, $1,344,458,000: Pro23 vided, That the Secretary of State shall, at the time of 24 the submission of the President’s budget to Congress 25 under section 1105(a) of title 31, United States Code, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1150 1 transmit to the Committees on Appropriations the most 2 recent biennial budget prepared by the United Nations for 3 the operations of the United Nations: Provided further, 4 That the Secretary of State shall notify the Committees 5 on Appropriations at least 15 days in advance (or in an 6 emergency, as far in advance as is practicable) of any 7 United Nations action to increase funding for any United 8 Nations program without identifying an offsetting de9 crease elsewhere in the United Nations budget: Provided 10 further, That not later than May 1, 2016, and 30 days 11 after the end of fiscal year 2016, the Secretary of State 12 shall report to the Committees on Appropriations any 13 credits available to the United States, including from the 14 United Nations Tax Equalization Fund, and provide up15 dated fiscal year 2016 and fiscal year 2017 assessment 16 costs including offsets from available credits and updated 17 foreign currency exchange rates: Provided further, That 18 any such credits shall only be available for United States 19 assessed contributions to the United Nations and the 20 Committees on Appropriations shall be notified when such 21 credits are applied to any assessed contribution, including 22 any payment of arrearages: Provided further, That any no23 tification regarding funds appropriated or otherwise made 24 available under this heading in this Act or prior Acts mak25 ing appropriations for the Department of State, foreign December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1151 1 operations, and related programs submitted pursuant to 2 section 7015 of this Act, section 34 of the State Depart3 ment Basic Authorities Act of 1956 (22 U.S.C. 2706), or 4 any operating plan submitted pursuant to section 7076 5 of this Act, shall include an estimate of all known credits 6 currently available to the United States and provide up7 dated assessment costs including offsets from available 8 credits and updated foreign currency exchange rates: Pro9 vided further, That any payment of arrearages under this 10 heading shall be directed to activities that are mutually 11 agreed upon by the United States and the respective inter12 national organization and shall be subject to the regular 13 notification procedures of the Committees on Appropria14 tions: Provided further, That none of the funds appro15 priated under this heading shall be available for a United 16 States contribution to an international organization for 17 the United States share of interest costs made known to 18 the United States Government by such organization for 19 loans incurred on or after October 1, 1984, through exter20 nal borrowings: Provided further, That the Secretary of 21 State shall review the budgetary and personnel procedures 22 of the United Nations and affiliated agencies funded 23 under this heading and, not later than 180 days after en24 actment of this Act, submit a report to the Committees 25 on Appropriations on steps taken at each agency to elimi- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1152 1 nate unnecessary administrative costs and duplicative ac2 tivities and ensure that personnel practices are trans3 parent and merit-based. 4 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING 5 ACTIVITIES 6 For necessary expenses to pay assessed and other ex- 7 penses of international peacekeeping activities directed to 8 the maintenance or restoration of international peace and 9 security, $666,574,000, of which 15 percent shall remain 10 available until September 30, 2017: Provided, That none 11 of the funds made available by this Act shall be obligated 12 or expended for any new or expanded United Nations 13 peacekeeping mission unless, at least 15 days in advance 14 of voting for such mission in the United Nations Security 15 Council (or in an emergency as far in advance as is prac16 ticable), the Committees on Appropriations are notified of: 17 (1) the estimated cost and duration of the mission, the 18 objectives of the mission, the national interest that will 19 be served, and the exit strategy; and (2) the sources of 20 funds, including any reprogrammings and transfers, that 21 will be used to pay the cost of the new or expanded mis22 sion, and the estimated cost in future fiscal years: Pro23 vided further, That none of the funds appropriated under 24 this heading may be made available for obligation unless 25 the Secretary of State certifies and reports to the Commit- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1153 1 tees on Appropriations on a peacekeeping mission-by-mis2 sion basis that the United Nations is implementing effec3 tive policies and procedures to prevent United Nations em4 ployees, contractor personnel, and peacekeeping troops 5 serving in such mission from trafficking in persons, ex6 ploiting victims of trafficking, or committing acts of illegal 7 sexual exploitation or other violations of human rights, 8 and to bring to justice individuals who engage in such acts 9 while participating in such mission, including prosecution 10 in their home countries and making information about 11 such prosecutions publicly available on the Web site of the 12 United Nations: Provided further, That funds shall be 13 available for peacekeeping expenses unless the Secretary 14 of State determines that American manufacturers and 15 suppliers are not being given opportunities to provide 16 equipment, services, and material for United Nations 17 peacekeeping activities equal to those being given to for18 eign manufacturers and suppliers: Provided further, That 19 the Secretary of State shall work with the United Nations 20 and foreign governments contributing peacekeeping troops 21 to implement effective vetting procedures to ensure that 22 such troops have not violated human rights: Provided fur23 ther, That none of the funds appropriated or otherwise 24 made available under this heading may be used for any 25 United Nations peacekeeping mission that will involve December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1154 1 United States Armed Forces under the command or oper2 ational control of a foreign national, unless the President’s 3 military advisors have submitted to the President a rec4 ommendation that such involvement is in the national in5 terest of the United States and the President has sub6 mitted to Congress such a recommendation: Provided fur7 ther, That not later than May 1, 2016, and 30 days after 8 the end of fiscal year 2016, the Secretary of State shall 9 report to the Committees on Appropriations any credits 10 available to the United States, including those resulting 11 from United Nations peacekeeping missions or the United 12 Nations Tax Equalization Fund, and provide updated fis13 cal year 2016 and fiscal year 2017 assessment costs in14 cluding offsets from available credits: Provided further, 15 That any such credits shall only be available for United 16 States assessed contributions to the United Nations, and 17 the Committees on Appropriations shall be notified when 18 such credits are applied to any assessed contribution, in19 cluding any payment of arrearages: Provided further, That 20 any notification regarding funds appropriated or otherwise 21 made available under this heading in this Act or prior Acts 22 making appropriations for the Department of State, for23 eign operations, and related programs submitted pursuant 24 to section 7015 of this Act, section 34 of the State Depart25 ment Basic Authorities Act of 1956 (22 U.S.C. 2706), or December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1155 1 any operating plan submitted pursuant to section 7076 2 of this Act, shall include an estimate of all known credits 3 currently available to the United States and provide up4 dated assessment costs including offsets from available 5 credits: Provided further, That any payment of arrearages 6 with funds appropriated by this Act shall be subject to 7 the regular notification procedures of the Committees on 8 Appropriations: Provided further, That the Secretary of 9 State shall work with the United Nations and members 10 of the United Nations Security Council to evaluate and 11 prioritize peacekeeping missions, and to consider a draw 12 down when mission goals have been substantially achieved: 13 Provided further, That notwithstanding any other provi14 sion of law, funds appropriated or otherwise made avail15 able under this heading shall be available for United 16 States assessed contributions up to the amount specified 17 in Annex IV accompanying United Nations General As18 sembly Resolution 64/220: Provided further, That such 19 funds may be made available above the amount authorized 20 in section 404(b)(2)(B) of the Foreign Relations Author21 ization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 287e 22 note) only if the Secretary of State determines and reports 23 to the appropriate congressional committees that it is im24 portant to the national interest of the United States. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1156 1 INTERNATIONAL COMMISSIONS 2 For necessary expenses, not otherwise provided for, 3 to meet obligations of the United States arising under 4 treaties, or specific Acts of Congress, as follows: 5 INTERNATIONAL BOUNDARY AND WATER COMMISSION, 6 UNITED STATES AND MEXICO 7 For necessary expenses for the United States Section 8 of the International Boundary and Water Commission, 9 United States and Mexico, and to comply with laws appli10 cable to the United States Section, including not to exceed 11 $6,000 for representation expenses; as follows: 12 SALARIES AND EXPENSES 13 For salaries and expenses, not otherwise provided for, 14 $45,307,000. 15 CONSTRUCTION 16 For detailed plan preparation and construction of au- 17 thorized projects, $28,400,000, to remain available until 18 expended, as authorized. 19 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS 20 For necessary expenses, not otherwise provided, for 21 the International Joint Commission and the International 22 Boundary Commission, United States and Canada, as au23 thorized by treaties between the United States and Can24 ada or Great Britain, and the Border Environment Co25 operation Commission as authorized by the North Amer- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1157 1 ican Free Trade Agreement Implementation Act (Public 2 Law 103–182), $12,330,000: Provided, That of the 3 amount provided under this heading for the International 4 Joint Commission, up to $500,000 may remain available 5 until September 30, 2017, and $9,000 may be made avail6 able for representation expenses. 7 8 INTERNATIONAL FISHERIES COMMISSIONS For necessary expenses for international fisheries 9 commissions, not otherwise provided for, as authorized by 10 law, $36,681,000: Provided, That the United States share 11 of such expenses may be advanced to the respective com12 missions pursuant to section 3324 of title 31, United 13 States Code. 14 15 16 17 RELATED AGENCY BROADCASTING BOARD OF GOVERNORS INTERNATIONAL BROADCASTING OPERATIONS For necessary expenses to enable the Broadcasting 18 Board of Governors (BBG), as authorized, to carry out 19 international communication activities, and to make and 20 supervise grants for radio, Internet, and television broad21 casting to the Middle East, $734,087,000: Provided, That 22 in addition to amounts otherwise available for such pur23 poses, up to $31,135,000 of the amount appropriated 24 under this heading may remain available until expended 25 for satellite transmissions and Internet freedom programs, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1158 1 of which not less than $15,000,000 shall be for Internet 2 freedom programs: Provided further, That of the total 3 amount appropriated under this heading, not to exceed 4 $35,000 may be used for representation expenses, of 5 which $10,000 may be used for such expenses within the 6 United States as authorized, and not to exceed $30,000 7 may be used for representation expenses of Radio Free 8 Europe/Radio Liberty: Provided further, That the author9 ity provided by section 504(c) of the Foreign Relations 10 Authorization Act, Fiscal Year 2003 (Public Law 107– 11 228; 22 U.S.C. 6206 note) shall remain in effect through 12 September 30, 2016: Provided further, That the BBG 13 shall notify the Committees on Appropriations within 15 14 days of any determination by the Board that any of its 15 broadcast entities, including its grantee organizations, 16 provides an open platform for international terrorists or 17 those who support international terrorism, or is in viola18 tion of the principles and standards set forth in sub19 sections (a) and (b) of section 303 of the United States 20 International Broadcasting Act of 1994 (22 U.S.C. 6202) 21 or the entity’s journalistic code of ethics: Provided further, 22 That significant modifications to BBG broadcast hours 23 previously justified to Congress, including changes to 24 transmission platforms (shortwave, medium wave, sat25 ellite, Internet, and television), for all BBG language serv- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1159 1 ices shall be subject to the regular notification procedures 2 of the Committees on Appropriations: Provided further, 3 That in addition to funds made available under this head4 ing, and notwithstanding any other provision of law, up 5 to $5,000,000 in receipts from advertising and revenue 6 from business ventures, up to $500,000 in receipts from 7 cooperating international organizations, and up to 8 $1,000,000 in receipts from privatization efforts of the 9 Voice of America and the International Broadcasting Bu10 reau, shall remain available until expended for carrying 11 out authorized purposes. 12 13 BROADCASTING CAPITAL IMPROVEMENTS For the purchase, rent, construction, repair, preser- 14 vation, and improvement of facilities for radio, television, 15 and digital transmission and reception; the purchase, rent, 16 and installation of necessary equipment for radio, tele17 vision, and digital transmission and reception, including 18 to Cuba, as authorized; and physical security worldwide, 19 in addition to amounts otherwise available for such pur20 poses, $4,800,000, to remain available until expended, as 21 authorized. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1160 1 RELATED PROGRAMS 2 THE ASIA FOUNDATION 3 For a grant to The Asia Foundation, as authorized 4 by The Asia Foundation Act (22 U.S.C. 4402), 5 $17,000,000, to remain available until expended. 6 UNITED STATES INSTITUTE 7 OF PEACE For necessary expenses of the United States Institute 8 of Peace, as authorized by the United States Institute of 9 Peace Act (22 U.S.C. 4601 et seq.), $35,300,000, to re10 main available until September 30, 2017, which shall not 11 be used for construction activities. 12 CENTER 13 FOR MIDDLE EASTERN-WESTERN DIALOGUE TRUST FUND 14 For necessary expenses of the Center for Middle 15 Eastern-Western Dialogue Trust Fund, as authorized by 16 section 633 of the Departments of Commerce, Justice, and 17 State, the Judiciary, and Related Agencies Appropriations 18 Act, 2004 (22 U.S.C. 2078), the total amount of the inter19 est and earnings accruing to such Fund on or before Sep20 tember 30, 2016, to remain available until expended. 21 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM 22 For necessary expenses of Eisenhower Exchange Fel- 23 lowships, Incorporated, as authorized by sections 4 and 24 5 of the Eisenhower Exchange Fellowship Act of 1990 (20 25 U.S.C. 5204–5205), all interest and earnings accruing to December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1161 1 the Eisenhower Exchange Fellowship Program Trust 2 Fund on or before September 30, 2016, to remain avail3 able until expended: Provided, That none of the funds ap4 propriated herein shall be used to pay any salary or other 5 compensation, or to enter into any contract providing for 6 the payment thereof, in excess of the rate authorized by 7 section 5376 of title 5, United States Code; or for pur8 poses which are not in accordance with section 200 of title 9 2 of the Code of Federal Regulations, including the re10 strictions on compensation for personal services. 11 12 ISRAELI ARAB SCHOLARSHIP PROGRAM For necessary expenses of the Israeli Arab Scholar- 13 ship Program, as authorized by section 214 of the Foreign 14 Relations Authorization Act, Fiscal Years 1992 and 1993 15 (22 U.S.C. 2452), all interest and earnings accruing to 16 the Israeli Arab Scholarship Fund on or before September 17 30, 2016, to remain available until expended. 18 19 EAST-WEST CENTER To enable the Secretary of State to provide for car- 20 rying out the provisions of the Center for Cultural and 21 Technical Interchange Between East and West Act of 22 1960, by grant to the Center for Cultural and Technical 23 Interchange Between East and West in the State of Ha24 waii, $16,700,000. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1162 1 NATIONAL ENDOWMENT 2 FOR DEMOCRACY For grants made by the Department of State to the 3 National Endowment for Democracy, as authorized by the 4 National Endowment for Democracy Act (22 U.S.C. 5 4412), $170,000,000, to remain available until expended, 6 of which $117,500,000 shall be allocated in the traditional 7 and customary manner, including for the core institutes, 8 and $52,500,000 shall be for democracy programs. 9 10 OTHER COMMISSIONS COMMISSION FOR THE PRESERVATION OF 11 HERITAGE ABROAD 12 SALARIES AND EXPENSES 13 AMERICA’S For necessary expenses for the Commission for the 14 Preservation of America’s Heritage Abroad, $676,000, as 15 authorized by chapter 3123 of title 54, United States 16 Code: Provided, That the Commission may procure tem17 porary, intermittent, and other services notwithstanding 18 paragraph (3) of section 312304(b) of such chapter: Pro19 vided further, That such authority shall terminate on Oc20 tober 1, 2016: Provided further, That the Commission 21 shall notify the Committees on Appropriations prior to ex22 ercising such authority. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1163 1 UNITED STATES COMMISSION ON INTERNATIONAL 2 RELIGIOUS FREEDOM 3 SALARIES AND EXPENSES 4 For necessary expenses for the United States Com- 5 mission on International Religious Freedom, as authorized 6 by title II of the International Religious Freedom Act of 7 1998 (22 U.S.C. 6431 et seq.), $3,500,000, to remain 8 available until September 30, 2017, including not more 9 than $4,000 for representation expenses. 10 COMMISSION ON SECURITY AND COOPERATION 11 EUROPE 12 SALARIES AND EXPENSES 13 IN For necessary expenses of the Commission on Secu- 14 rity and Cooperation in Europe, as authorized by Public 15 Law 94–304, $2,579,000, including not more than $4,000 16 for representation expenses, to remain available until Sep17 tember 30, 2017. 18 CONGRESSIONAL-EXECUTIVE COMMISSION 19 20 21 PEOPLE’S REPUBLIC OF ON THE CHINA SALARIES AND EXPENSES For necessary expenses of the Congressional-Execu- 22 tive Commission on the People’s Republic of China, as au23 thorized by title III of the U.S.-China Relations Act of 24 2000 (22 U.S.C. 6911 et seq.), $2,000,000, including not December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1164 1 more than $3,000 for representation expenses, to remain 2 available until September 30, 2017. 3 UNITED STATES-CHINA ECONOMIC AND 4 REVIEW COMMISSION 5 SALARIES AND EXPENSES 6 SECURITY For necessary expenses of the United States-China 7 Economic and Security Review Commission, as authorized 8 by section 1238 of the Floyd D. Spence National Defense 9 Authorization Act for Fiscal Year 2001 (22 U.S.C. 7002), 10 $3,500,000, including not more than $4,000 for represen11 tation expenses, to remain available until September 30, 12 2017: Provided, That the authorities, requirements, limi13 tations, and conditions contained in the second through 14 sixth provisos under this heading in the Department of 15 State, Foreign Operations, and Related Programs Appro16 priations Act, 2010 (division F of Public Law 111–117) 17 shall continue in effect during fiscal year 2016 and shall 18 apply to funds appropriated under this heading as if in19 cluded in this Act. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1165 1 TITLE II 2 UNITED STATES AGENCY FOR INTERNATIONAL 3 4 5 6 DEVELOPMENT FUNDS APPROPRIATED TO THE PRESIDENT OPERATING EXPENSES For necessary expenses to carry out the provisions 7 of section 667 of the Foreign Assistance Act of 1961, 8 $1,143,614,000, of which up to $171,542,000 may remain 9 available until September 30, 2017: Provided, That none 10 of the funds appropriated under this heading and under 11 the heading ‘‘Capital Investment Fund’’ in this title may 12 be made available to finance the construction (including 13 architect and engineering services), purchase, or long-term 14 lease of offices for use by the United States Agency for 15 International Development (USAID), unless the USAID 16 Administrator has identified such proposed use of funds 17 in a report submitted to the Committees on Appropria18 tions at least 15 days prior to the obligation of funds for 19 such purposes: Provided further, That contracts or agree20 ments entered into with funds appropriated under this 21 heading may entail commitments for the expenditure of 22 such funds through the following fiscal year: Provided fur23 ther, That the authority of sections 610 and 109 of the 24 Foreign Assistance Act of 1961 may be exercised by the 25 Secretary of State to transfer funds appropriated to carry December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1166 1 out chapter 1 of part I of such Act to ‘‘Operating Ex2 penses’’ in accordance with the provisions of those sec3 tions: Provided further, That of the funds appropriated or 4 made available under this heading, not to exceed $250,000 5 may be available for representation and entertainment ex6 penses, of which not to exceed $5,000 may be available 7 for entertainment expenses, and not to exceed $100,500 8 shall be for official residence expenses, for USAID during 9 the current fiscal year. 10 11 CAPITAL INVESTMENT FUND For necessary expenses for overseas construction and 12 related costs, and for the procurement and enhancement 13 of information technology and related capital investments, 14 pursuant to section 667 of the Foreign Assistance Act of 15 1961, $168,300,000, to remain available until expended: 16 Provided, That this amount is in addition to funds other17 wise available for such purposes: Provided further, That 18 funds appropriated under this heading shall be available 19 subject to the regular notification procedures of the Com20 mittees on Appropriations. 21 22 OFFICE OF INSPECTOR GENERAL For necessary expenses to carry out the provisions 23 of section 667 of the Foreign Assistance Act of 1961, 24 $66,000,000, of which up to $9,900,000 may remain 25 available until September 30, 2017, for the Office of In- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1167 1 spector General of the United States Agency for Inter2 national Development. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1168 1 TITLE III 2 BILATERAL ECONOMIC ASSISTANCE 3 FUNDS APPROPRIATED 4 TO THE PRESIDENT For necessary expenses to enable the President to 5 carry out the provisions of the Foreign Assistance Act of 6 1961, and for other purposes, as follows: 7 8 GLOBAL HEALTH PROGRAMS For necessary expenses to carry out the provisions 9 of chapters 1 and 10 of part I of the Foreign Assistance 10 Act of 1961, for global health activities, in addition to 11 funds otherwise available for such purposes, 12 $2,833,450,000, to remain available until September 30, 13 2017, and which shall be apportioned directly to the 14 United States Agency for International Development 15 (USAID): Provided, That this amount shall be made avail16 able for training, equipment, and technical assistance to 17 build the capacity of public health institutions and organi18 zations in developing countries, and for such activities as: 19 (1) child survival and maternal health programs; (2) im20 munization and oral rehydration programs; (3) other 21 health, nutrition, water and sanitation programs which di22 rectly address the needs of mothers and children, and re23 lated education programs; (4) assistance for children dis24 placed or orphaned by causes other than AIDS; (5) pro25 grams for the prevention, treatment, control of, and re- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1169 1 search on HIV/AIDS, tuberculosis, polio, malaria, and 2 other infectious diseases including neglected tropical dis3 eases, and for assistance to communities severely affected 4 by HIV/AIDS, including children infected or affected by 5 AIDS; (6) disaster preparedness training for health crises; 6 and (7) family planning/reproductive health: Provided fur7 ther, That funds appropriated under this paragraph may 8 be made available for a United States contribution to the 9 GAVI Alliance: Provided further, That none of the funds 10 made available in this Act nor any unobligated balances 11 from prior appropriations Acts may be made available to 12 any organization or program which, as determined by the 13 President of the United States, supports or participates 14 in the management of a program of coercive abortion or 15 involuntary sterilization: Provided further, That any deter16 mination made under the previous proviso must be made 17 not later than 6 months after the date of enactment of 18 this Act, and must be accompanied by the evidence and 19 criteria utilized to make the determination: Provided fur20 ther, That none of the funds made available under this 21 Act may be used to pay for the performance of abortion 22 as a method of family planning or to motivate or coerce 23 any person to practice abortions: Provided further, That 24 nothing in this paragraph shall be construed to alter any 25 existing statutory prohibitions against abortion under sec- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1170 1 tion 104 of the Foreign Assistance Act of 1961: Provided 2 further, That none of the funds made available under this 3 Act may be used to lobby for or against abortion: Provided 4 further, That in order to reduce reliance on abortion in 5 developing nations, funds shall be available only to vol6 untary family planning projects which offer, either directly 7 or through referral to, or information about access to, a 8 broad range of family planning methods and services, and 9 that any such voluntary family planning project shall meet 10 the following requirements: (1) service providers or refer11 ral agents in the project shall not implement or be subject 12 to quotas, or other numerical targets, of total number of 13 births, number of family planning acceptors, or acceptors 14 of a particular method of family planning (this provision 15 shall not be construed to include the use of quantitative 16 estimates or indicators for budgeting and planning pur17 poses); (2) the project shall not include payment of incen18 tives, bribes, gratuities, or financial reward to: (A) an indi19 vidual in exchange for becoming a family planning accep20 tor; or (B) program personnel for achieving a numerical 21 target or quota of total number of births, number of fam22 ily planning acceptors, or acceptors of a particular method 23 of family planning; (3) the project shall not deny any right 24 or benefit, including the right of access to participate in 25 any program of general welfare or the right of access to December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1171 1 health care, as a consequence of any individual’s decision 2 not to accept family planning services; (4) the project shall 3 provide family planning acceptors comprehensible infor4 mation on the health benefits and risks of the method cho5 sen, including those conditions that might render the use 6 of the method inadvisable and those adverse side effects 7 known to be consequent to the use of the method; and 8 (5) the project shall ensure that experimental contracep9 tive drugs and devices and medical procedures are pro10 vided only in the context of a scientific study in which 11 participants are advised of potential risks and benefits; 12 and, not less than 60 days after the date on which the 13 USAID Administrator determines that there has been a 14 violation of the requirements contained in paragraph (1), 15 (2), (3), or (5) of this proviso, or a pattern or practice 16 of violations of the requirements contained in paragraph 17 (4) of this proviso, the Administrator shall submit to the 18 Committees on Appropriations a report containing a de19 scription of such violation and the corrective action taken 20 by the Agency: Provided further, That in awarding grants 21 for natural family planning under section 104 of the For22 eign Assistance Act of 1961 no applicant shall be discrimi23 nated against because of such applicant’s religious or con24 scientious commitment to offer only natural family plan25 ning; and, additionally, all such applicants shall comply December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1172 1 with the requirements of the previous proviso: Provided 2 further, That for purposes of this or any other Act author3 izing or appropriating funds for the Department of State, 4 foreign operations, and related programs, the term ‘‘moti5 vate’’, as it relates to family planning assistance, shall not 6 be construed to prohibit the provision, consistent with 7 local law, of information or counseling about all pregnancy 8 options: Provided further, That information provided 9 about the use of condoms as part of projects or activities 10 that are funded from amounts appropriated by this Act 11 shall be medically accurate and shall include the public 12 health benefits and failure rates of such use. 13 In addition, for necessary expenses to carry out the 14 provisions of the Foreign Assistance Act of 1961 for the 15 prevention, treatment, and control of, and research on, 16 HIV/AIDS, $5,670,000,000, to remain available until 17 September 30, 2020, which shall be apportioned directly 18 to the Department of State: Provided, That funds appro19 priated under this paragraph may be made available, not20 withstanding any other provision of law, except for the 21 United States Leadership Against HIV/AIDS, Tuber22 culosis, and Malaria Act of 2003 (Public Law 108–25), 23 as amended, for a United States contribution to the Global 24 Fund to Fight AIDS, Tuberculosis and Malaria (Global 25 Fund), and shall be expended at the minimum rate nec- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1173 1 essary to make timely payment for projects and activities: 2 Provided further, That the amount of such contribution 3 should be $1,350,000,000: Provided further, That section 4 202(d)(4)(A)(i) and (vi) of Public Law 108–25, as amend5 ed, shall be applied with respect to such funds made avail6 able for fiscal years 2015 and 2016 by substituting 7 ‘‘2004’’ for ‘‘2009’’: Provided further, That up to 5 per8 cent of the aggregate amount of funds made available to 9 the Global Fund in fiscal year 2016 may be made available 10 to USAID for technical assistance related to the activities 11 of the Global Fund, subject to the regular notification pro12 cedures of the Committees on Appropriations: Provided 13 further, That of the funds appropriated under this para14 graph, up to $17,000,000 may be made available, in addi15 tion to amounts otherwise available for such purposes, for 16 administrative expenses of the Office of the United States 17 Global AIDS Coordinator. 18 19 DEVELOPMENT ASSISTANCE For necessary expenses to carry out the provisions 20 of sections 103, 105, 106, 214, and sections 251 through 21 255, and chapter 10 of part I of the Foreign Assistance 22 Act of 1961, $2,780,971,000, to remain available until 23 September 30, 2017. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1174 1 2 INTERNATIONAL DISASTER ASSISTANCE For necessary expenses to carry out the provisions 3 of section 491 of the Foreign Assistance Act of 1961 for 4 international disaster relief, rehabilitation, and recon5 struction assistance, $874,763,000, to remain available 6 until expended. 7 8 TRANSITION INITIATIVES For necessary expenses for international disaster re- 9 habilitation and reconstruction assistance administered by 10 the Office of Transition Initiatives, United States Agency 11 for International Development (USAID), pursuant to sec12 tion 491 of the Foreign Assistance Act of 1961, 13 $30,000,000, to remain available until expended, to sup14 port transition to democracy and long-term development 15 of countries in crisis: Provided, That such support may 16 include assistance to develop, strengthen, or preserve 17 democratic institutions and processes, revitalize basic in18 frastructure, and foster the peaceful resolution of conflict: 19 Provided further, That the USAID Administrator shall 20 submit a report to the Committees on Appropriations at 21 least 5 days prior to beginning a new program of assist22 ance: Provided further, That if the Secretary of State de23 termines that it is important to the national interest of 24 the United States to provide transition assistance in ex25 cess of the amount appropriated under this heading, up December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1175 1 to $15,000,000 of the funds appropriated by this Act to 2 carry out the provisions of part I of the Foreign Assist3 ance Act of 1961 may be used for purposes of this heading 4 and under the authorities applicable to funds appropriated 5 under this heading: Provided further, That funds made 6 available pursuant to the previous proviso shall be made 7 available subject to prior consultation with the Committees 8 on Appropriations. 9 10 COMPLEX CRISES FUND For necessary expenses to carry out the provisions 11 of the Foreign Assistance Act of 1961 to support pro12 grams and activities to prevent or respond to emerging 13 or unforeseen foreign challenges and complex crises over14 seas, $10,000,000, to remain available until expended: 15 Provided, That funds appropriated under this heading 16 may be made available on such terms and conditions as 17 are appropriate and necessary for the purposes of pre18 venting or responding to such challenges and crises, except 19 that no funds shall be made available for lethal assistance 20 or to respond to natural disasters: Provided further, That 21 funds appropriated under this heading may be made avail22 able notwithstanding any other provision of law, except 23 sections 7007, 7008, and 7018 of this Act and section 24 620M of the Foreign Assistance Act of 1961: Provided 25 further, That funds appropriated under this heading may December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1176 1 be used for administrative expenses, in addition to funds 2 otherwise made available for such purposes, except that 3 such expenses may not exceed 5 percent of the funds ap4 propriated under this heading: Provided further, That 5 funds appropriated under this heading shall be subject to 6 the regular notification procedures of the Committees on 7 Appropriations, except that such notifications shall be 8 transmitted at least 5 days prior to the obligation of 9 funds. 10 11 DEVELOPMENT CREDIT AUTHORITY For the cost of direct loans and loan guarantees pro- 12 vided by the United States Agency for International De13 velopment (USAID), as authorized by sections 256 and 14 635 of the Foreign Assistance Act of 1961, up to 15 $40,000,000 may be derived by transfer from funds ap16 propriated by this Act to carry out part I of such Act and 17 under the heading ‘‘Assistance for Europe, Eurasia and 18 Central Asia’’: Provided, That funds provided under this 19 paragraph and funds provided as a gift that are used for 20 purposes of this paragraph pursuant to section 635(d) of 21 the Foreign Assistance Act of 1961 shall be made avail22 able only for micro- and small enterprise programs, urban 23 programs, and other programs which further the purposes 24 of part I of such Act: Provided further, That such costs, 25 including the cost of modifying such direct and guaranteed December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1177 1 loans, shall be as defined in section 502 of the Congres2 sional Budget Act of 1974, as amended: Provided further, 3 That funds made available by this paragraph may be used 4 for the cost of modifying any such guaranteed loans under 5 this Act or prior Acts making appropriations for the De6 partment of State, foreign operations, and related pro7 grams, and funds used for such costs shall be subject to 8 the regular notification procedures of the Committees on 9 Appropriations: Provided further, That the provisions of 10 section 107A(d) (relating to general provisions applicable 11 to the Development Credit Authority) of the Foreign As12 sistance Act of 1961, as contained in section 306 of H.R. 13 1486 as reported by the House Committee on Inter14 national Relations on May 9, 1997, shall be applicable to 15 direct loans and loan guarantees provided under this head16 ing, except that the principal amount of loans made or 17 guaranteed under this heading with respect to any single 18 country shall not exceed $300,000,000: Provided further, 19 That these funds are available to subsidize total loan prin20 cipal, any portion of which is to be guaranteed, of up to 21 $1,500,000,000. 22 In addition, for administrative expenses to carry out 23 credit programs administered by USAID, $8,120,000, 24 which may be transferred to, and merged with, funds 25 made available under the heading ‘‘Operating Expenses’’ December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1178 1 in title II of this Act: Provided, That funds made available 2 under this heading shall remain available until September 3 30, 2018. 4 ECONOMIC SUPPORT FUND 5 For necessary expenses to carry out the provisions 6 of chapter 4 of part II of the Foreign Assistance Act of 7 1961, $1,896,315,000, to remain available until Sep8 tember 30, 2017. 9 DEMOCRACY FUND 10 For necessary expenses to carry out the provisions 11 of the Foreign Assistance Act of 1961 for the promotion 12 of democracy globally, $150,500,000, to remain available 13 until September 30, 2017, of which $88,500,000 shall be 14 made available for the Human Rights and Democracy 15 Fund of the Bureau of Democracy, Human Rights and 16 Labor, Department of State, and $62,000,000 shall be 17 made available for the Bureau for Democracy, Conflict, 18 and Humanitarian Assistance, United States Agency for 19 International Development. 20 ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA 21 For necessary expenses to carry out the provisions 22 of the Foreign Assistance Act of 1961, the FREEDOM 23 Support Act (Public Law 102–511), and the Support for 24 Eastern European Democracy (SEED) Act of 1989 (Pub25 lic Law 101–179), $491,119,000, to remain available until December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1179 1 September 30, 2017, which shall be available, notwith2 standing any other provision of law, except section 7070 3 of this Act, for assistance and related programs for coun4 tries identified in section 3 of Public Law 102–511 and 5 section 3(c) of Public Law 101–179, in addition to funds 6 otherwise available for such purposes: Provided, That 7 funds appropriated by this Act under the headings ‘‘Global 8 Health Programs’’ and ‘‘Economic Support Fund’’ that 9 are made available for assistance for such countries shall 10 be administered in accordance with the responsibilities of 11 the coordinator designated pursuant to section 102 of 12 Public Law 102–511 and section 601 of Public Law 101– 13 179: Provided further, That funds appropriated under this 14 heading shall be considered to be economic assistance 15 under the Foreign Assistance Act of 1961 for purposes 16 of making available the administrative authorities con17 tained in that Act for the use of economic assistance. 18 19 20 DEPARTMENT OF STATE MIGRATION AND REFUGEE ASSISTANCE For necessary expenses not otherwise provided for, 21 to enable the Secretary of State to carry out the provisions 22 of section 2(a) and (b) of the Migration and Refugee As23 sistance Act of 1962, and other activities to meet refugee 24 and migration needs; salaries and expenses of personnel 25 and dependents as authorized by the Foreign Service Act December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1180 1 of 1980; allowances as authorized by sections 5921 2 through 5925 of title 5, United States Code; purchase and 3 hire of passenger motor vehicles; and services as author4 ized by section 3109 of title 5, United States Code, 5 $931,886,000, to remain available until expended, of 6 which not less than $35,000,000 shall be made available 7 to respond to small-scale emergency humanitarian require8 ments, and $10,000,000 shall be made available for refu9 gees resettling in Israel. 10 UNITED STATES EMERGENCY REFUGEE AND MIGRATION 11 ASSISTANCE FUND 12 For necessary expenses to carry out the provisions 13 of section 2(c) of the Migration and Refugee Assistance 14 Act of 1962, as amended (22 U.S.C. 2601(c)), 15 $50,000,000, to remain available until expended. 16 INDEPENDENT AGENCIES 17 PEACE CORPS 18 (INCLUDING TRANSFER OF FUNDS) 19 For necessary expenses to carry out the provisions 20 of the Peace Corps Act (22 U.S.C. 2501 et seq.), including 21 the purchase of not to exceed five passenger motor vehicles 22 for administrative purposes for use outside of the United 23 States, $410,000,000, of which $5,150,000 is for the Of24 fice of Inspector General, to remain available until Sep25 tember 30, 2017: Provided, That the Director of the Peace December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1181 1 Corps may transfer to the Foreign Currency Fluctuations 2 Account, as authorized by section 16 of the Peace Corps 3 Act (22 U.S.C. 2515), an amount not to exceed 4 $5,000,000: Provided further, That funds transferred pur5 suant to the previous proviso may not be derived from 6 amounts made available for Peace Corps overseas oper7 ations: Provided further, That of the funds appropriated 8 under this heading, not to exceed $104,000 may be avail9 able for representation expenses, of which not to exceed 10 $4,000 may be made available for entertainment expenses: 11 Provided further, That any decision to open, close, signifi12 cantly reduce, or suspend a domestic or overseas office or 13 country program shall be subject to prior consultation 14 with, and the regular notification procedures of, the Com15 mittees on Appropriations, except that prior consultation 16 and regular notification procedures may be waived when 17 there is a substantial security risk to volunteers or other 18 Peace Corps personnel, pursuant to section 7015(e) of this 19 Act: Provided further, That none of the funds appropriated 20 under this heading shall be used to pay for abortions: Pro21 vided further, That notwithstanding the previous proviso, 22 section 614 of division E of Public Law 113–76 shall 23 apply to funds appropriated under this heading. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1182 1 2 MILLENNIUM CHALLENGE CORPORATION For necessary expenses to carry out the provisions 3 of the Millennium Challenge Act of 2003 (22 U.S.C. 7701 4 et seq.) (MCA), $901,000,000, to remain available until 5 expended: Provided, That of the funds appropriated under 6 this heading, up to $105,000,000 may be available for ad7 ministrative expenses of the Millennium Challenge Cor8 poration (the Corporation): Provided further, That up to 9 5 percent of the funds appropriated under this heading 10 may be made available to carry out the purposes of section 11 616 of the MCA for fiscal year 2016: Provided further, 12 That section 605(e) of the MCA shall apply to funds ap13 propriated under this heading: Provided further, That 14 funds appropriated under this heading may be made avail15 able for a Millennium Challenge Compact entered into 16 pursuant to section 609 of the MCA only if such Compact 17 obligates, or contains a commitment to obligate subject to 18 the availability of funds and the mutual agreement of the 19 parties to the Compact to proceed, the entire amount of 20 the United States Government funding anticipated for the 21 duration of the Compact: Provided further, That the Chief 22 Executive Officer of the Corporation shall notify the Com23 mittees on Appropriations not later than 15 days prior to 24 commencing negotiations for any country compact or 25 threshold country program; signing any such compact or December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1183 1 threshold program; or terminating or suspending any such 2 compact or threshold program: Provided further, That 3 funds appropriated under this heading by this Act and 4 prior Acts making appropriations for the Department of 5 State, foreign operations, and related programs that are 6 available to implement section 609(g) of the MCA shall 7 be subject to the regular notification procedures of the 8 Committees on Appropriations: Provided further, That no 9 country should be eligible for a threshold program after 10 such country has completed a country compact: Provided 11 further, That any funds that are deobligated from a Mil12 lennium Challenge Compact shall be subject to the regular 13 notification procedures of the Committees on Appropria14 tions prior to re-obligation: Provided further, That not15 withstanding section 606(a)(2) of the MCA, a country 16 shall be a candidate country for purposes of eligibility for 17 assistance for the fiscal year if the country has a per cap18 ita income equal to or below the World Bank’s lower mid19 dle income country threshold for the fiscal year and is 20 among the 75 lowest per capita income countries as identi21 fied by the World Bank; and the country meets the re22 quirements of section 606(a)(1)(B) of the MCA: Provided 23 further, That notwithstanding section 606(b)(1) of the 24 MCA, in addition to countries described in the preceding 25 proviso, a country shall be a candidate country for pur- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1184 1 poses of eligibility for assistance for the fiscal year if the 2 country has a per capita income equal to or below the 3 World Bank’s lower middle income country threshold for 4 the fiscal year and is not among the 75 lowest per capita 5 income countries as identified by the World Bank; and the 6 country meets the requirements of section 606(a)(1)(B) 7 of the MCA: Provided further, That any Millennium Chal8 lenge Corporation candidate country under section 606 of 9 the MCA with a per capita income that changes in the 10 fiscal year such that the country would be reclassified 11 from a low income country to a lower middle income coun12 try or from a lower middle income country to a low income 13 country shall retain its candidacy status in its former in14 come classification for the fiscal year and the 2 subsequent 15 fiscal years: Provided further, That publication in the Fed16 eral Register of a notice of availability of a copy of a Com17 pact on the Millennium Challenge Corporation Web site 18 shall be deemed to satisfy the requirements of section 19 610(b)(2) of the MCA for such Compact: Provided further, 20 That none of the funds made available by this Act or prior 21 Acts making appropriations for the Department of State, 22 foreign operations, and related programs shall be available 23 for a threshold program in a country that is not currently 24 a candidate country: Provided further, That the Comp25 troller General of the United States shall provide to the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1185 1 appropriate congressional committees a review of authori2 ties that may allow the Millennium Challenge Corporation 3 to obligate funds that are unobligated from prior fiscal 4 years for compacts in countries that are not eligible for 5 a compact in the current fiscal year: Provided further, 6 That such review shall include an assessment as set forth 7 in the explanatory statement described in section 4 (in the 8 matter preceding division A of this Consolidated Act): Pro9 vided further, That funds appropriated under this heading 10 shall be used on a reimbursable basis for such review: Pro11 vided further, That of the funds appropriated under this 12 heading, not to exceed $100,000 may be available for rep13 resentation and entertainment expenses, of which not to 14 exceed $5,000 may be available for entertainment ex15 penses. 16 17 INTER-AMERICAN FOUNDATION For necessary expenses to carry out the functions of 18 the Inter-American Foundation in accordance with the 19 provisions of section 401 of the Foreign Assistance Act 20 of 1969, $22,500,000, to remain available until September 21 30, 2017: Provided, That of the funds appropriated under 22 this heading, not to exceed $2,000 may be available for 23 representation expenses. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1186 1 UNITED STATES AFRICAN DEVELOPMENT FOUNDATION 2 For necessary expenses to carry out title V of the 3 International Security and Development Cooperation Act 4 of 1980 (Public Law 96–533), $30,000,000, to remain 5 available until September 30, 2017, of which not to exceed 6 $2,000 may be available for representation expenses: Pro7 vided, That funds made available to grantees may be in8 vested pending expenditure for project purposes when au9 thorized by the Board of Directors of the United States 10 African Development Foundation (USADF): Provided fur11 ther, That interest earned shall be used only for the pur12 poses for which the grant was made: Provided further, 13 That notwithstanding section 505(a)(2) of the African De14 velopment Foundation Act, in exceptional circumstances 15 the Board of Directors of the USADF may waive the 16 $250,000 limitation contained in that section with respect 17 to a project and a project may exceed the limitation by 18 up to 10 percent if the increase is due solely to foreign 19 currency fluctuation: Provided further, That the USADF 20 shall submit a report to the Committees on Appropriations 21 after each time such waiver authority is exercised: Pro22 vided further, That the USADF may make rent or lease 23 payments in advance from appropriations available for 24 such purpose for offices, buildings, grounds, and quarters 25 in Africa as may be necessary to carry out its functions: December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1187 1 Provided further, That the USADF may maintain bank 2 accounts outside the United States Treasury and retain 3 any interest earned on such accounts, in furtherance of 4 the purposes of the African Foundation Development Act: 5 Provided further, That the USADF may not withdraw any 6 appropriation from the Treasury prior to the need of 7 spending such funds for program purposes. 8 9 DEPARTMENT OF THE TREASURY INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE 10 For necessary expenses to carry out the provisions 11 of section 129 of the Foreign Assistance Act of 1961, 12 $23,500,000, to remain available until September 30, 13 2018, which shall be available notwithstanding any other 14 provision of law. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1188 1 TITLE IV 2 INTERNATIONAL SECURITY ASSISTANCE 3 DEPARTMENT OF STATE 4 INTERNATIONAL NARCOTICS CONTROL AND LAW 5 ENFORCEMENT 6 For necessary expenses to carry out section 481 of 7 the Foreign Assistance Act of 1961, $894,821,000, to re8 main available until September 30, 2017: Provided, That 9 the provision of assistance by any other United States 10 Government department or agency which is comparable to 11 assistance that may be made available under this heading, 12 but which is provided under any other provision of law, 13 should be provided only with the concurrence of the Sec14 retary of State and in accordance with the provisions of 15 sections 481(b) and 622(c) of the Foreign Assistance Act 16 of 1961: Provided further, That the Department of State 17 may use the authority of section 608 of the Foreign As18 sistance Act of 1961, without regard to its restrictions, 19 to receive excess property from an agency of the United 20 States Government for the purpose of providing such 21 property to a foreign country or international organization 22 under chapter 8 of part I of that Act, subject to the reg23 ular notification procedures of the Committees on Appro24 priations: Provided further, That section 482(b) of the 25 Foreign Assistance Act of 1961 shall not apply to funds December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1189 1 appropriated under this heading, except that any funds 2 made available notwithstanding such section shall be sub3 ject to the regular notification procedures of the Commit4 tees on Appropriations: Provided further, That funds ap5 propriated under this heading shall be made available to 6 support training and technical assistance for foreign law 7 enforcement, corrections, and other judicial authorities, 8 utilizing regional partners: Provided further, That not less 9 than $54,975,000 of the funds appropriated under this 10 heading shall be transferred to, and merged with, funds 11 appropriated by this Act under the heading ‘‘Assistance 12 for Europe, Eurasia and Central Asia’’, which shall be 13 available for the same purposes as funds appropriated 14 under this heading: Provided further, That funds made 15 available under this heading that are transferred to an16 other department, agency, or instrumentality of the 17 United States Government pursuant to section 632(b) of 18 the Foreign Assistance Act of 1961 valued in excess of 19 $5,000,000, and any agreement made pursuant to section 20 632(a) of such Act, shall be subject to the regular notifica21 tion procedures of the Committees on Appropriations. 22 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND 23 RELATED PROGRAMS 24 For necessary expenses for nonproliferation, anti-ter- 25 rorism, demining and related programs and activities, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1190 1 $506,381,000, to remain available until September 30, 2 2017, to carry out the provisions of chapter 8 of part II 3 of the Foreign Assistance Act of 1961 for anti-terrorism 4 assistance, chapter 9 of part II of the Foreign Assistance 5 Act of 1961, section 504 of the FREEDOM Support Act, 6 section 23 of the Arms Export Control Act, or the Foreign 7 Assistance Act of 1961 for demining activities, the clear8 ance of unexploded ordnance, the destruction of small 9 arms, and related activities, notwithstanding any other 10 provision of law, including activities implemented through 11 nongovernmental and international organizations, and sec12 tion 301 of the Foreign Assistance Act of 1961 for a 13 United States contribution to the Comprehensive Nuclear 14 Test Ban Treaty Preparatory Commission, and for a vol15 untary contribution to the International Atomic Energy 16 Agency (IAEA): Provided, That the Secretary of State 17 shall inform the appropriate congressional committees of 18 information regarding any separate arrangements relating 19 to the ‘‘Road-map for the Clarification of Past and 20 Present Outstanding Issues Regarding Iran’s Nuclear 21 Program’’ between the IAEA and the Islamic Republic of 22 Iran, in classified form if necessary, if such information 23 becomes known to the Department of State: Provided fur24 ther, That for the clearance of unexploded ordnance, the 25 Secretary of State should prioritize those areas where such December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1191 1 ordnance was caused by the United States: Provided fur2 ther, That funds made available under this heading for 3 the Nonproliferation and Disarmament Fund shall be 4 available notwithstanding any other provision of law and 5 subject to prior consultation with, and the regular notifica6 tion procedures of, the Committees on Appropriations, to 7 promote bilateral and multilateral activities relating to 8 nonproliferation, disarmament, and weapons destruction, 9 and shall remain available until expended: Provided fur10 ther, That such funds may also be used for such countries 11 other than the Independent States of the former Soviet 12 Union and international organizations when it is in the 13 national security interest of the United States to do so: 14 Provided further, That funds appropriated under this 15 heading may be made available for the IAEA unless the 16 Secretary of State determines that Israel is being denied 17 its right to participate in the activities of that Agency: 18 Provided further, That funds made available under this 19 heading for the Counterterrorism Partnerships Fund shall 20 be subject to the regular notification procedures of the 21 Committees on Appropriations: Provided further, That 22 funds made available for conventional weapons destruction 23 programs, including demining and related activities, in ad24 dition to funds otherwise available for such purposes, may 25 be used for administrative expenses related to the oper- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1192 1 ation and management of such programs and activities, 2 subject to the regular notification procedures of the Com3 mittees on Appropriations. 4 PEACEKEEPING OPERATIONS 5 For necessary expenses to carry out the provisions 6 of section 551 of the Foreign Assistance Act of 1961, 7 $131,361,000: Provided, That funds appropriated under 8 this heading may be used, notwithstanding section 660 of 9 such Act, to provide assistance to enhance the capacity 10 of foreign civilian security forces, including gendarmes, to 11 participate in peacekeeping operations: Provided further, 12 That of the funds appropriated under this heading, not 13 less than $35,000,000 shall be made available for a United 14 States contribution to the Multinational Force and Ob15 servers mission in the Sinai: Provided further, That none 16 of the funds appropriated under this heading shall be obli17 gated except as provided through the regular notification 18 procedures of the Committees on Appropriations. 19 20 FUNDS APPROPRIATED TO THE PRESIDENT INTERNATIONAL MILITARY EDUCATION AND TRAINING 21 For necessary expenses to carry out the provisions 22 of section 541 of the Foreign Assistance Act of 1961, 23 $108,115,000, of which up to $4,000,000 may remain 24 available until September 30, 2017: Provided, That the 25 civilian personnel for whom military education and train- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1193 1 ing may be provided under this heading may include civil2 ians who are not members of a government whose partici3 pation would contribute to improved civil-military rela4 tions, civilian control of the military, or respect for human 5 rights: Provided further, That of the funds appropriated 6 under this heading, not to exceed $55,000 may be avail7 able for entertainment expenses. 8 9 FOREIGN MILITARY FINANCING PROGRAM For necessary expenses for grants to enable the 10 President to carry out the provisions of section 23 of the 11 Arms Export Control Act, $4,737,522,000: Provided, 12 That to expedite the provision of assistance to foreign 13 countries and international organizations, the Secretary of 14 State, following consultation with the Committees on Ap15 propriations and subject to the regular notification proce16 dures of such Committees, may use the funds appro17 priated under this heading to procure defense articles and 18 services to enhance the capacity of foreign security forces: 19 Provided further, That of the funds appropriated under 20 this heading, not less than $3,100,000,000 shall be avail21 able for grants only for Israel, and funds are available for 22 assistance for Jordan and Egypt subject to section 7041 23 of this Act: Provided further, That the funds appropriated 24 under this heading for assistance for Israel shall be dis25 bursed within 30 days of enactment of this Act: Provided December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1194 1 further, That to the extent that the Government of Israel 2 requests that funds be used for such purposes, grants 3 made available for Israel under this heading shall, as 4 agreed by the United States and Israel, be available for 5 advanced weapons systems, of which not less than 6 $815,300,000 shall be available for the procurement in 7 Israel of defense articles and defense services, including 8 research and development: Provided further, That none of 9 the funds made available under this heading shall be made 10 available to support or continue any program initially 11 funded under the authority of section 1206 of the National 12 Defense Authorization Act for Fiscal Year 2006 (Public 13 Law 109–163; 119 Stat. 3456), or section 2282 of title 14 10, United States Code, unless the Secretary of State, in 15 coordination with the Secretary of Defense, has justified 16 such program to the Committees on Appropriations: Pro17 vided further, That funds appropriated or otherwise made 18 available under this heading shall be nonrepayable not19 withstanding any requirement in section 23 of the Arms 20 Export Control Act: Provided further, That funds made 21 available under this heading shall be obligated upon appor22 tionment in accordance with paragraph (5)(C) of section 23 1501(a) of title 31, United States Code. 24 None of the funds made available under this heading 25 shall be available to finance the procurement of defense December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1195 1 articles, defense services, or design and construction serv2 ices that are not sold by the United States Government 3 under the Arms Export Control Act unless the foreign 4 country proposing to make such procurement has first 5 signed an agreement with the United States Government 6 specifying the conditions under which such procurement 7 may be financed with such funds: Provided, That all coun8 try and funding level increases in allocations shall be sub9 mitted through the regular notification procedures of sec10 tion 7015 of this Act: Provided further, That funds made 11 available under this heading may be used, notwithstanding 12 any other provision of law, for demining, the clearance of 13 unexploded ordnance, and related activities, and may in14 clude activities implemented through nongovernmental 15 and international organizations: Provided further, That 16 only those countries for which assistance was justified for 17 the ‘‘Foreign Military Sales Financing Program’’ in the 18 fiscal year 1989 congressional presentation for security as19 sistance programs may utilize funds made available under 20 this heading for procurement of defense articles, defense 21 services, or design and construction services that are not 22 sold by the United States Government under the Arms 23 Export Control Act: Provided further, That funds appro24 priated under this heading shall be expended at the min25 imum rate necessary to make timely payment for defense December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1196 1 articles and services: Provided further, That not more than 2 $75,000,000 of the funds appropriated under this heading 3 may be obligated for necessary expenses, including the 4 purchase of passenger motor vehicles for replacement only 5 for use outside of the United States, for the general costs 6 of administering military assistance and sales, except that 7 this limitation may be exceeded only through the regular 8 notification procedures of the Committees on Appropria9 tions: Provided further, That of the funds made available 10 under this heading for general costs of administering mili11 tary assistance and sales, not to exceed $4,000 may be 12 available for entertainment expenses and not to exceed 13 $130,000 may be available for representation expenses: 14 Provided further, That not more than $904,000,000 of 15 funds realized pursuant to section 21(e)(1)(A) of the Arms 16 Export Control Act may be obligated for expenses incurred 17 by the Department of Defense during fiscal year 2016 18 pursuant to section 43(b) of the Arms Export Control Act, 19 except that this limitation may be exceeded only through 20 the regular notification procedures of the Committees on 21 Appropriations. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1197 1 TITLE V 2 MULTILATERAL ASSISTANCE 3 FUNDS APPROPRIATED TO THE PRESIDENT 4 INTERNATIONAL ORGANIZATIONS AND PROGRAMS 5 For necessary expenses to carry out the provisions 6 of section 301 of the Foreign Assistance Act of 1961, and 7 of section 2 of the United Nations Environment Program 8 Participation Act of 1973, $339,000,000, of which up to 9 $10,000,000 may be made available for the Intergovern10 mental Panel on Climate Change/United Nations Frame11 work Convention on Climate Change: Provided, That sec12 tion 307(a) of the Foreign Assistance Act of 1961 shall 13 not apply to contributions to the United Nations Democ14 racy Fund. 15 INTERNATIONAL FINANCIAL INSTITUTIONS 16 GLOBAL ENVIRONMENT FACILITY 17 For payment to the International Bank for Recon- 18 struction and Development as trustee for the Global Envi19 ronment Facility by the Secretary of the Treasury, 20 $168,263,000, to remain available until expended. 21 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT 22 ASSOCIATION 23 For payment to the International Development Asso- 24 ciation by the Secretary of the Treasury, $1,197,128,000, 25 to remain available until expended. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1198 1 CONTRIBUTION TO THE INTERNATIONAL BANK FOR 2 RECONSTRUCTION AND DEVELOPMENT 3 For payment to the International Bank for Recon- 4 struction and Development by the Secretary of the Treas5 ury for the United States share of the paid-in portion of 6 the increases in capital stock, $186,957,000, to remain 7 available until expended. 8 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS 9 The United States Governor of the International 10 Bank for Reconstruction and Development may subscribe 11 without fiscal year limitation to the callable capital portion 12 of the United States share of increases in capital stock 13 in an amount not to exceed $2,928,990,899. 14 CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND 15 For payment to the International Bank for Recon- 16 struction and Development as trustee for the Clean Tech17 nology Fund by the Secretary of the Treasury, 18 $170,680,000, to remain available until expended. 19 CONTRIBUTION TO THE STRATEGIC CLIMATE FUND 20 For payment to the International Bank for Recon- 21 struction and Development as trustee for the Strategic 22 Climate Fund by the Secretary of the Treasury, 23 $49,900,000, to remain available until expended. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1199 1 CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT 2 BANK 3 For payment to the Inter-American Development 4 Bank by the Secretary of the Treasury for the United 5 States share of the paid-in portion of the increase in cap6 ital stock, $102,020,448, to remain available until ex7 pended. 8 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS 9 The United States Governor of the Inter-American 10 Development Bank may subscribe without fiscal year limi11 tation to the callable capital portion of the United States 12 share of such capital stock in an amount not to exceed 13 $4,098,794,833. 14 CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK 15 For payment to the Asian Development Bank by the 16 Secretary of the Treasury for the United States share of 17 the paid-in portion of increase in capital stock, 18 $5,608,435, to remain available until expended. 19 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND 20 For payment to the Asian Development Bank’s Asian 21 Development Fund by the Secretary of the Treasury, 22 $104,977,000, to remain available until expended. 23 CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK 24 For payment to the African Development Bank by 25 the Secretary of the Treasury for the United States share December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1200 1 of the paid-in portion of the increase in capital stock, 2 $34,118,027, to remain available until expended. 3 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS 4 The United States Governor of the African Develop- 5 ment Bank may subscribe without fiscal year limitation 6 to the callable capital portion of the United States share 7 of such capital stock in an amount not to exceed 8 $507,860,808. 9 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND 10 For payment to the African Development Fund by 11 the Secretary of the Treasury, $175,668,000, to remain 12 available until expended. 13 CONTRIBUTION TO THE INTERNATIONAL FUND FOR 14 AGRICULTURAL DEVELOPMENT 15 For payment to the International Fund for Agricul- 16 tural Development by the Secretary of the Treasury, 17 $31,930,000, to remain available until expended. 18 GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM 19 For payment to the Global Agriculture and Food Se- 20 curity Program by the Secretary of the Treasury, 21 $43,000,000, to remain available until expended. 22 CONTRIBUTION TO THE NORTH AMERICAN DEVELOPMENT 23 BANK 24 For payment to the North American Development 25 Bank by the Secretary of the Treasury for the United December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1201 1 States share of the paid-in portion of the increase in cap2 ital stock, $10,000,000, to remain available until ex3 pended. 4 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS 5 The Secretary of the Treasury may subscribe without 6 fiscal year limitation to the callable capital portion of the 7 United States share of such capital stock in an amount 8 not to exceed $255,000,000. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1202 1 TITLE VI 2 EXPORT AND INVESTMENT ASSISTANCE 3 EXPORT-IMPORT BANK 4 5 OF THE UNITED STATES INSPECTOR GENERAL For necessary expenses of the Office of Inspector 6 General in carrying out the provisions of the Inspector 7 General Act of 1978, as amended, $6,000,000, to remain 8 available until September 30, 2017. 9 10 PROGRAM ACCOUNT The Export-Import Bank (the Bank) of the United 11 States is authorized to make such expenditures within the 12 limits of funds and borrowing authority available to such 13 corporation, and in accordance with law, and to make such 14 contracts and commitments without regard to fiscal year 15 limitations, as provided by section 104 of the Government 16 Corporation Control Act, as may be necessary in carrying 17 out the program for the current fiscal year for such cor18 poration: Provided, That none of the funds available dur19 ing the current fiscal year may be used to make expendi20 tures, contracts, or commitments for the export of nuclear 21 equipment, fuel, or technology to any country, other than 22 a nuclear-weapon state as defined in Article IX of the 23 Treaty on the Non-Proliferation of Nuclear Weapons eligi24 ble to receive economic or military assistance under this December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1203 1 Act, that has detonated a nuclear explosive after the date 2 of the enactment of this Act. 3 4 ADMINISTRATIVE EXPENSES For administrative expenses to carry out the direct 5 and guaranteed loan and insurance programs, including 6 hire of passenger motor vehicles and services as authorized 7 by section 3109 of title 5, United States Code, and not 8 to exceed $30,000 for official reception and representation 9 expenses for members of the Board of Directors, not to 10 exceed $106,250,000: Provided, That the Export-Import 11 Bank (the Bank) may accept, and use, payment or serv12 ices provided by transaction participants for legal, finan13 cial, or technical services in connection with any trans14 action for which an application for a loan, guarantee or 15 insurance commitment has been made: Provided further, 16 That the Bank shall charge fees for necessary expenses 17 (including special services performed on a contract or fee 18 basis, but not including other personal services) in connec19 tion with the collection of moneys owed the Bank, repos20 session or sale of pledged collateral or other assets ac21 quired by the Bank in satisfaction of moneys owed the 22 Bank, or the investigation or appraisal of any property, 23 or the evaluation of the legal, financial, or technical as24 pects of any transaction for which an application for a 25 loan, guarantee or insurance commitment has been made, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1204 1 or systems infrastructure directly supporting transactions: 2 Provided further, That in addition to other funds appro3 priated for administrative expenses, such fees shall be 4 credited to this account for such purposes, to remain avail5 able until expended. 6 7 RECEIPTS COLLECTED Receipts collected pursuant to the Export-Import 8 Bank Act of 1945, as amended, and the Federal Credit 9 Reform Act of 1990, as amended, in an amount not to 10 exceed the amount appropriated herein, shall be credited 11 as offsetting collections to this account: Provided, That the 12 sums herein appropriated from the General Fund shall be 13 reduced on a dollar-for-dollar basis by such offsetting col14 lections so as to result in a final fiscal year appropriation 15 from the General Fund estimated at $0: Provided further, 16 That amounts collected in fiscal year 2016 in excess of 17 obligations, up to $10,000,000 shall become available on 18 September 1, 2016, and shall remain available until Sep19 tember 30, 2019. 20 OVERSEAS PRIVATE INVESTMENT CORPORATION 21 NONCREDIT ACCOUNT 22 The Overseas Private Investment Corporation is au- 23 thorized to make, without regard to fiscal year limitations, 24 as provided by section 9104 of title 31, United States 25 Code, such expenditures and commitments within the lim- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1205 1 its of funds available to it and in accordance with law as 2 may be necessary: Provided, That the amount available for 3 administrative expenses to carry out the credit and insur4 ance programs (including an amount for official reception 5 and representation expenses which shall not exceed 6 $35,000) shall not exceed $62,787,000: Provided further, 7 That project-specific transaction costs, including direct 8 and indirect costs incurred in claims settlements, and 9 other direct costs associated with services provided to spe10 cific investors or potential investors pursuant to section 11 234 of the Foreign Assistance Act of 1961, shall not be 12 considered administrative expenses for the purposes of this 13 heading. 14 15 PROGRAM ACCOUNT For the cost of direct and guaranteed loans, 16 $20,000,000, as authorized by section 234 of the Foreign 17 Assistance Act of 1961, to be derived by transfer from 18 the Overseas Private Investment Corporation Noncredit 19 Account: Provided, That such costs, including the cost of 20 modifying such loans, shall be as defined in section 502 21 of the Congressional Budget Act of 1974: Provided fur22 ther, That such sums shall be available for direct loan obli23 gations and loan guaranty commitments incurred or made 24 during fiscal years 2016, 2017, and 2018: Provided fur25 ther, That funds so obligated in fiscal year 2016 remain December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1206 1 available for disbursement through 2024; funds obligated 2 in fiscal year 2017 remain available for disbursement 3 through 2025; and funds obligated in fiscal year 2018 re4 main available for disbursement through 2026: Provided 5 further, That notwithstanding any other provision of law, 6 the Overseas Private Investment Corporation is authorized 7 to undertake any program authorized by title IV of chap8 ter 2 of part I of the Foreign Assistance Act of 1961 in 9 Iraq: Provided further, That funds made available pursu10 ant to the authority of the previous proviso shall be subject 11 to the regular notification procedures of the Committees 12 on Appropriations. 13 In addition, such sums as may be necessary for ad- 14 ministrative expenses to carry out the credit program may 15 be derived from amounts available for administrative ex16 penses to carry out the credit and insurance programs in 17 the Overseas Private Investment Corporation Noncredit 18 Account and merged with said account. 19 20 TRADE AND DEVELOPMENT AGENCY For necessary expenses to carry out the provisions 21 of section 661 of the Foreign Assistance Act of 1961, 22 $60,000,000, to remain available until September 30, 23 2017: Provided, That of the amounts made available 24 under this heading, up to $2,500,000 may be made avail25 able to provide comprehensive procurement advice to for- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1207 1 eign governments to support local procurements funded by 2 the United States Agency for International Development, 3 the Millennium Challenge Corporation, and the Depart4 ment of State: Provided further, That of the funds appro5 priated under this heading, not more than $5,000 may be 6 available for representation and entertainment expenses. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1208 1 TITLE VII 2 GENERAL PROVISIONS 3 ALLOWANCES AND DIFFERENTIALS 4 SEC. 7001. Funds appropriated under title I of this 5 Act shall be available, except as otherwise provided, for 6 allowances and differentials as authorized by subchapter 7 59 of title 5, United States Code; for services as author8 ized by section 3109 of such title and for hire of passenger 9 transportation pursuant to section 1343(b) of title 31, 10 United States Code. 11 12 UNOBLIGATED BALANCES REPORT SEC. 7002. Any department or agency of the United 13 States Government to which funds are appropriated or 14 otherwise made available by this Act shall provide to the 15 Committees on Appropriations a quarterly accounting of 16 cumulative unobligated balances and obligated, but unex17 pended, balances by program, project, and activity, and 18 Treasury Account Fund Symbol of all funds received by 19 such department or agency in fiscal year 2016 or any pre20 vious fiscal year, disaggregated by fiscal year: Provided, 21 That the report required by this section should specify by 22 account the amount of funds obligated pursuant to bilat23 eral agreements which have not been further sub-obli24 gated. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1209 1 CONSULTING SERVICES 2 SEC. 7003. The expenditure of any appropriation 3 under title I of this Act for any consulting service through 4 procurement contract, pursuant to section 3109 of title 5 5, United States Code, shall be limited to those contracts 6 where such expenditures are a matter of public record and 7 available for public inspection, except where otherwise pro8 vided under existing law, or under existing Executive 9 Order issued pursuant to existing law. 10 DIPLOMATIC FACILITIES 11 12 SEC. 7004. (a) CAPITAL SECURITY COST SHARING.—Of funds provided under title I of this Act, except 13 as provided in subsection (b), a project to construct a dip14 lomatic facility of the United States may not include office 15 space or other accommodations for an employee of a Fed16 eral agency or department if the Secretary of State deter17 mines that such department or agency has not provided 18 to the Department of State the full amount of funding 19 required by subsection (e) of section 604 of the Secure 20 Embassy Construction and Counterterrorism Act of 1999 21 (as enacted into law by section 1000(a)(7) of Public Law 22 106–113 and contained in appendix G of that Act; 113 23 Stat. 1501A–453), as amended by section 629 of the De24 partments of Commerce, Justice, and State, the Judiciary, 25 and Related Agencies Appropriations Act, 2005. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1210 1 (b) EXCEPTION.—Notwithstanding the prohibition in 2 subsection (a), a project to construct a diplomatic facility 3 of the United States may include office space or other ac4 commodations for members of the United States Marine 5 Corps. 6 (c) NEW DIPLOMATIC FACILITIES.—For the pur- 7 poses of calculating the fiscal year 2016 costs of providing 8 new United States diplomatic facilities in accordance with 9 section 604(e) of the Secure Embassy Construction and 10 Counterterrorism Act of 1999 (22 U.S.C. 4865 note), the 11 Secretary of State, in consultation with the Director of 12 the Office of Management and Budget, shall determine the 13 annual program level and agency shares in a manner that 14 is proportional to the Department of State’s contribution 15 for this purpose. 16 17 (d) CONSULTATION MENTS.—Funds AND NOTIFICATION REQUIRE- appropriated by this Act and prior Acts 18 making appropriations for the Department of State, for19 eign operations, and related programs, which may be made 20 available for the acquisition of property or award of con21 struction contracts for overseas diplomatic facilities during 22 fiscal year 2016, shall be subject to prior consultation 23 with, and the regular notification procedures of, the Com24 mittees on Appropriations: Provided, That notifications 25 pursuant to this subsection shall include the information December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1211 1 enumerated under the heading ‘‘Embassy Security, Con2 struction, and Maintenance’’ in House Report 114–154: 3 Provided further, That any such notification for a new dip4 lomatic facility justified to the Committees on Appropria5 tions in Appendix 1 of the Congressional Budget Justifica6 tion, Department of State, Diplomatic Engagement, Fis7 cal Year 2016, or not previously justified to such Commit8 tees, shall also include confirmation that the Department 9 of State has completed the requisite value engineering 10 studies required pursuant to OMB Circular A–131, Value 11 Engineering December 31, 2013 and the Bureau of Over12 seas Building Operations Policy and Procedure Directive, 13 P&PD, Cost 02: Value Engineering. 14 (e) REPORTS.— 15 (1) None of the funds appropriated under the 16 heading ‘‘Embassy Security, Construction, and 17 Maintenance’’ in this Act and prior Acts making ap- 18 propriations for the Department of State, foreign 19 operations, and related programs, made available 20 through Federal agency Capital Security Cost Shar- 21 ing contributions and reimbursements, or generated 22 from the proceeds of real property sales, other than 23 from real property sales located in London, United 24 Kingdom, may be made available for site acquisition 25 and mitigation, planning, design, or construction of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1212 1 the New London Embassy: Provided, That the re- 2 porting requirement contained in section 7004(f)(2) 3 of the Department of State, Foreign Operations, and 4 Related Programs Appropriations Act, 2012 (divi- 5 sion I of Public Law 112–74) shall remain in effect 6 during fiscal year 2016. 7 (2) Within 45 days of enactment of this Act 8 and every 4 months thereafter until September 30, 9 2016, the Secretary of State shall submit to the 10 Committees on Appropriations a report on the new 11 Mexico City Embassy and Beirut Embassy projects: 12 Provided, That such report shall include, for each of 13 the projects— 14 (A) cost projections; 15 (B) cost containment efforts; 16 (C) project schedule and actual project sta- 17 18 19 tus; (D) the impact of currency exchange rate fluctuations on project costs; 20 (E) revenues derived from, or estimated to 21 be derived from, real property sales in Mexico 22 City, Mexico for the embassy project in Mexico 23 City and in Beirut, Lebanon for the embassy 24 project in Beirut; and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1213 1 (F) options for modifying the scope of the 2 project in the event that costs escalate above 3 amounts justified to the Committees on Appro- 4 priations in Appendix 1 of the Congressional 5 Budget Justification, Department of State Op- 6 erations, Fiscal Year 2015 for the Mexico City 7 Embassy project, and in Appendix 1 of the 8 Congressional Budget Justification, Depart- 9 ment of State, Diplomatic Engagement, Fiscal 10 11 Year 2016 for the Beirut Embassy project. (f) INTERIM AND TEMPORARY FACILITIES 12 ABROAD.— 13 (1) Funds appropriated by this Act under the 14 heading ‘‘Embassy Security, Construction, and 15 Maintenance’’ may be made available to address se- 16 curity vulnerabilities at interim and temporary facili- 17 ties abroad, including physical security upgrades and 18 local guard staffing, except that the amount of funds 19 made available for such purposes from this Act and 20 prior Acts making appropriations for the Depart- 21 ment of State, foreign operations, and related pro- 22 grams shall be a minimum of $25,000,000: Pro- 23 vided, That the uses of such funds should be the re- 24 sponsibility of the Assistant Secretary of State for 25 the Bureau of Diplomatic Security and Foreign Mis- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1214 1 sions, in consultation with the Director of the Bu- 2 reau of Overseas Buildings Operations: Provided fur- 3 ther, That such funds shall be subject to prior con- 4 sultation with the Committees on Appropriations. 5 (2) Notwithstanding any other provision of law, 6 the opening, closure, or any significant modification 7 to an interim or temporary diplomatic facility shall 8 be subject to prior consultation with the appropriate 9 congressional committees and the regular notifica- 10 tion procedures of the Committees on Appropria- 11 tions, except that such consultation and notification 12 may be waived if there is a security risk to per- 13 sonnel. 14 (3) Not later than 60 days after enactment of 15 this Act, the Department of State shall document 16 standard operating procedures and best practices as- 17 sociated with the delivery, construction, and protec- 18 tion of temporary structures in high threat and con- 19 flict environments: Provided, That the Secretary of 20 State shall inform the Committees on Appropria- 21 tions after completing such documentation. 22 (g) TRANSFER AUTHORITY.—Funds appropriated 23 under the heading ‘‘Diplomatic and Consular Programs’’, 24 including for Worldwide Security Protection, and under 25 the heading ‘‘Embassy Security, Construction, and Main- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1215 1 tenance’’ in titles I and VIII of this Act may be trans2 ferred to, and merged with, funds appropriated by such 3 titles under such headings if the Secretary of State deter4 mines and reports to the Committees on Appropriations 5 that to do so is necessary to implement the recommenda6 tions of the Benghazi Accountability Review Board, or to 7 prevent or respond to security situations and require8 ments, following consultation with, and subject to the reg9 ular notification procedures of, such Committees: Pro10 vided, That such transfer authority is in addition to any 11 transfer authority otherwise available under any other pro12 vision of law. 13 14 PERSONNEL ACTIONS SEC. 7005. Any costs incurred by a department or 15 agency funded under title I of this Act resulting from per16 sonnel actions taken in response to funding reductions in17 cluded in this Act shall be absorbed within the total budg18 etary resources available under title I to such department 19 or agency: Provided, That the authority to transfer funds 20 between appropriations accounts as may be necessary to 21 carry out this section is provided in addition to authorities 22 included elsewhere in this Act: Provided further, That use 23 of funds to carry out this section shall be treated as a 24 reprogramming of funds under section 7015 of this Act 25 and shall not be available for obligation or expenditure ex- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1216 1 cept in compliance with the procedures set forth in that 2 section. 3 LOCAL GUARD CONTRACTS 4 SEC. 7006. In evaluating proposals for local guard 5 contracts, the Secretary of State shall award contracts in 6 accordance with section 136 of the Foreign Relations Au7 thorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 8 4864), except that the Secretary may grant authorization 9 to award such contracts on the basis of best value as de10 termined by a cost-technical tradeoff analysis (as de11 scribed in Federal Acquisition Regulation part 15.101), 12 notwithstanding subsection (c)(3) of such section: Pro13 vided, That the authority in this section shall apply to any 14 options for renewal that may be exercised under such con15 tracts that are awarded during the current fiscal year: 16 Provided further, That the Secretary shall notify the ap17 propriate congressional committees at least 15 days prior 18 to making an award pursuant to this section for a local 19 guard and protective service contract for a United States 20 diplomatic facility not deemed ‘‘high-risk, high-threat’’. 21 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN 22 COUNTRIES 23 SEC. 7007. None of the funds appropriated or other- 24 wise made available pursuant to titles III through VI of 25 this Act shall be obligated or expended to finance directly December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1217 1 any assistance or reparations for the governments of 2 Cuba, North Korea, Iran, or Syria: Provided, That for 3 purposes of this section, the prohibition on obligations or 4 expenditures shall include direct loans, credits, insurance, 5 and guarantees of the Export-Import Bank or its agents. 6 7 ´TAT COUPS D’E SEC. 7008. None of the funds appropriated or other- 8 wise made available pursuant to titles III through VI of 9 this Act shall be obligated or expended to finance directly 10 any assistance to the government of any country whose 11 duly elected head of government is deposed by military 12 coup d’e´tat or decree or, after the date of enactment of 13 this Act, a coup d’e´tat or decree in which the military 14 plays a decisive role: Provided, That assistance may be re15 sumed to such government if the Secretary of State cer16 tifies and reports to the appropriate congressional commit17 tees that subsequent to the termination of assistance a 18 democratically elected government has taken office: Pro19 vided further, That the provisions of this section shall not 20 apply to assistance to promote democratic elections or 21 public participation in democratic processes: Provided fur22 ther, That funds made available pursuant to the previous 23 provisos shall be subject to the regular notification proce24 dures of the Committees on Appropriations. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1218 1 TRANSFER AUTHORITY 2 3 SEC. 7009. (a) DEPARTMENT OF STATE AND BROADCASTING BOARD OF GOVERNORS.— 4 (1) Not to exceed 5 percent of any appropria- 5 tion made available for the current fiscal year for 6 the Department of State under title I of this Act 7 may be transferred between, and merged with, such 8 appropriations, but no such appropriation, except as 9 otherwise specifically provided, shall be increased by 10 more than 10 percent by any such transfers, and no 11 such transfer may be made to increase the appro- 12 priation under the heading ‘‘Representation Ex- 13 penses’’. 14 (2) Not to exceed 5 percent of any appropria- 15 tion made available for the current fiscal year for 16 the Broadcasting Board of Governors under title I 17 of this Act may be transferred between, and merged 18 with, such appropriations, but no such appropria- 19 tion, except as otherwise specifically provided, shall 20 be increased by more than 10 percent by any such 21 transfers. 22 (3) Any transfer pursuant to this subsection 23 shall be treated as a reprogramming of funds under 24 section 7015 of this Act and shall not be available December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1219 1 for obligation or expenditure except in compliance 2 with the procedures set forth in that section. 3 (b) TITLE VI TRANSFER AUTHORITIES.—Not to ex- 4 ceed 5 percent of any appropriation other than for admin5 istrative expenses made available for fiscal year 2016, for 6 programs under title VI of this Act may be transferred 7 between such appropriations for use for any of the pur8 poses, programs, and activities for which the funds in such 9 receiving account may be used, but no such appropriation, 10 except as otherwise specifically provided, shall be increased 11 by more than 25 percent by any such transfer: Provided, 12 That the exercise of such authority shall be subject to the 13 regular notification procedures of the Committees on Ap14 propriations. 15 16 (c) LIMITATION ON TRANSFERS BETWEEN AGEN- CIES.— 17 (1) None of the funds made available under ti- 18 tles II through V of this Act may be transferred to 19 any department, agency, or instrumentality of the 20 United States Government, except pursuant to a 21 transfer made by, or transfer authority provided in, 22 this Act or any other appropriations Act. 23 (2) Notwithstanding paragraph (1), in addition 24 to transfers made by, or authorized elsewhere in, 25 this Act, funds appropriated by this Act to carry out December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1220 1 the purposes of the Foreign Assistance Act of 1961 2 may be allocated or transferred to agencies of the 3 United States Government pursuant to the provi- 4 sions of sections 109, 610, and 632 of the Foreign 5 Assistance Act of 1961. 6 (3) Any agreement entered into by the United 7 States 8 (USAID) or the Department of State with any de- 9 partment, agency, or instrumentality of the United 10 States Government pursuant to section 632(b) of the 11 Foreign Assistance Act of 1961 valued in excess of 12 $1,000,000 and any agreement made pursuant to 13 section 632(a) of such Act, with funds appropriated 14 by this Act and prior Acts making appropriations 15 for the Department of State, foreign operations, and 16 related programs under the headings ‘‘Global Health 17 Programs’’, ‘‘Development Assistance’’, ‘‘Economic 18 Support Fund’’, and ‘‘Assistance for Europe, Eur- 19 asia and Central Asia’’ shall be subject to the reg- 20 ular notification procedures of the Committees on 21 Appropriations: Provided, That the requirement in 22 the previous sentence shall not apply to agreements 23 entered into between USAID and the Department of 24 State. December 16, 2015 (1:04 a.m.) Agency for International Development U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1221 1 (d) TRANSFERS BETWEEN ACCOUNTS.—None of the 2 funds made available under titles II through V of this Act 3 may be obligated under an appropriation account to which 4 such funds were not appropriated, except for transfers 5 specifically provided for in this Act, unless the President, 6 not less than 5 days prior to the exercise of any authority 7 contained in the Foreign Assistance Act of 1961 to trans8 fer funds, consults with and provides a written policy jus9 tification to the Committees on Appropriations. 10 (e) AUDIT OF INTER-AGENCY TRANSFERS.—Any 11 agreement for the transfer or allocation of funds appro12 priated by this Act, or prior Acts, entered into between 13 the Department of State or USAID and another agency 14 of the United States Government under the authority of 15 section 632(a) of the Foreign Assistance Act of 1961 or 16 any comparable provision of law, shall expressly provide 17 that the Inspector General (IG) for the agency receiving 18 the transfer or allocation of such funds, or other entity 19 with audit responsibility if the receiving agency does not 20 have an IG, shall perform periodic program and financial 21 audits of the use of such funds and report to the Depart22 ment of State or USAID, as appropriate, upon completion 23 of such audits: Provided, That such audits shall be trans24 mitted to the Committees on Appropriations by the De25 partment of State or USAID, as appropriate: Provided December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1222 1 further, That funds transferred under such authority may 2 be made available for the cost of such audits. 3 (f) REPORT.—Not later than 90 days after enactment 4 of this Act, the Secretary of State and the USAID Admin5 istrator shall each submit a report to the Committees on 6 Appropriations detailing all transfers to another agency 7 of the United States Government made pursuant to sec8 tions 632(a) and 632(b) of the Foreign Assistance Act of 9 1961 with funds provided in the Department of State, 10 Foreign Operations, and Related Programs Appropria11 tions Act, 2015 (division J of Public Law 113–235) as 12 of the date of enactment of this Act: Provided, That such 13 reports shall include a list of each transfer made pursuant 14 to such sections with the respective funding level, appro15 priation account, and the receiving agency. 16 17 PROHIBITION ON FIRST-CLASS TRAVEL SEC. 7010. None of the funds made available in this 18 Act may be used for first-class travel by employees of 19 agencies funded by this Act in contravention of sections 20 301–10.122 through 301–10.124 of title 41, Code of Fed21 eral Regulations. 22 23 AVAILABILITY OF FUNDS SEC. 7011. No part of any appropriation contained 24 in this Act shall remain available for obligation after the 25 expiration of the current fiscal year unless expressly so December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1223 1 provided in this Act: Provided, That funds appropriated 2 for the purposes of chapters 1 and 8 of part I, section 3 661, chapters 4, 5, 6, 8, and 9 of part II of the Foreign 4 Assistance Act of 1961, section 23 of the Arms Export 5 Control Act, and funds provided under the headings ‘‘De6 velopment Credit Authority’’ and ‘‘Assistance for Europe, 7 Eurasia and Central Asia’’ shall remain available for an 8 additional 4 years from the date on which the availability 9 of such funds would otherwise have expired, if such funds 10 are initially obligated before the expiration of their respec11 tive periods of availability contained in this Act: Provided 12 further, That notwithstanding any other provision of this 13 Act, any funds made available for the purposes of chapter 14 1 of part I and chapter 4 of part II of the Foreign Assist15 ance Act of 1961 which are allocated or obligated for cash 16 disbursements in order to address balance of payments or 17 economic policy reform objectives, shall remain available 18 for an additional 4 years from the date on which the avail19 ability of such funds would otherwise have expired, if such 20 funds are initially allocated or obligated before the expira21 tion of their respective periods of availability contained in 22 this Act: Provided further, That the Secretary of State 23 shall provide a report to the Committees on Appropria24 tions not later than October 30, 2016, detailing by ac- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1224 1 count and source year, the use of this authority during 2 the previous fiscal year. 3 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT 4 SEC. 7012. No part of any appropriation provided 5 under titles III through VI in this Act shall be used to 6 furnish assistance to the government of any country which 7 is in default during a period in excess of 1 calendar year 8 in payment to the United States of principal or interest 9 on any loan made to the government of such country by 10 the United States pursuant to a program for which funds 11 are appropriated under this Act unless the President de12 termines, following consultations with the Committees on 13 Appropriations, that assistance for such country is in the 14 national interest of the United States. 15 PROHIBITION ON TAXATION OF UNITED STATES 16 ASSISTANCE 17 SEC. 7013. (a) PROHIBITION ON TAXATION.—None 18 of the funds appropriated under titles III through VI of 19 this Act may be made available to provide assistance for 20 a foreign country under a new bilateral agreement gov21 erning the terms and conditions under which such assist22 ance is to be provided unless such agreement includes a 23 provision stating that assistance provided by the United 24 States shall be exempt from taxation, or reimbursed, by 25 the foreign government, and the Secretary of State shall December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1225 1 expeditiously seek to negotiate amendments to existing bi2 lateral agreements, as necessary, to conform with this re3 quirement. 4 (b) REIMBURSEMENT OF FOREIGN TAXES.—An 5 amount equivalent to 200 percent of the total taxes as6 sessed during fiscal year 2016 on funds appropriated by 7 this Act by a foreign government or entity against United 8 States assistance programs for which funds are appro9 priated by this Act, either directly or through grantees, 10 contractors, and subcontractors shall be withheld from ob11 ligation from funds appropriated for assistance for fiscal 12 year 2017 and allocated for the central government of 13 such country and for the West Bank and Gaza program 14 to the extent that the Secretary of State certifies and re15 ports in writing to the Committees on Appropriations, not 16 later than September 30, 2017, that such taxes have not 17 been reimbursed to the Government of the United States. 18 (c) DE MINIMIS EXCEPTION.—Foreign taxes of a de 19 minimis nature shall not be subject to the provisions of 20 subsection (b). 21 (d) REPROGRAMMING OF FUNDS.—Funds withheld 22 from obligation for each country or entity pursuant to sub23 section (b) shall be reprogrammed for assistance for coun24 tries which do not assess taxes on United States assistance 25 or which have an effective arrangement that is providing December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1226 1 substantial reimbursement of such taxes, and that can 2 reasonably accommodate such assistance in a program3 matically responsible manner. 4 (e) DETERMINATIONS.— 5 (1) The provisions of this section shall not 6 apply to any country or entity if the Secretary of 7 State reports to the Committees on Appropriations 8 that— 9 (A) such country or entity does not assess 10 taxes on United States assistance or has an ef- 11 fective arrangement that is providing substan- 12 tial reimbursement of such taxes; or 13 (B) the foreign policy interests of the 14 United States outweigh the purpose of this sec- 15 tion to ensure that United States assistance is 16 not subject to taxation. 17 (2) The Secretary of State shall consult with 18 the Committees on Appropriations at least 15 days 19 prior to exercising the authority of this subsection 20 with regard to any country or entity. 21 (f) IMPLEMENTATION.—The Secretary of State shall 22 issue rules, regulations, or policy guidance, as appropriate, 23 to implement the prohibition against the taxation of assist24 ance contained in this section. 25 December 16, 2015 (1:04 a.m.) (g) DEFINITIONS.—As used in this section— U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1227 1 (1) the term ‘‘bilateral agreement’’ refers to a 2 framework bilateral agreement between the Govern- 3 ment of the United States and the government of 4 the country receiving assistance that describes the 5 privileges and immunities applicable to United 6 States foreign assistance for such country generally, 7 or an individual agreement between the Government 8 of the United States and such government that de- 9 scribes, among other things, the treatment for tax 10 purposes that will be accorded the United States as- 11 sistance provided under that agreement; and 12 (2) the term ‘‘taxes and taxation’’ shall include 13 value added taxes and customs duties but shall not 14 include individual income taxes assessed to local 15 staff. 16 (h) REPORT.—The Secretary of State, in consultation 17 with the heads of other relevant departments or agencies, 18 shall submit a report to the Committees on Appropria19 tions, not later than 90 days after the enactment of this 20 Act, detailing steps taken by such departments or agencies 21 to comply with the requirements of this section. 22 23 RESERVATIONS OF FUNDS SEC. 7014. (a) REPROGRAMMING.—Funds appro- 24 priated under titles III through VI of this Act which are 25 specifically designated may be reprogrammed for other December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1228 1 programs within the same account notwithstanding the 2 designation if compliance with the designation is made im3 possible by operation of any provision of this or any other 4 Act: Provided, That any such reprogramming shall be sub5 ject to the regular notification procedures of the Commit6 tees on Appropriations: Provided further, That assistance 7 that is reprogrammed pursuant to this subsection shall be 8 made available under the same terms and conditions as 9 originally provided. 10 (b) EXTENSION OF AVAILABILITY.—In addition to 11 the authority contained in subsection (a), the original pe12 riod of availability of funds appropriated by this Act and 13 administered by the Department of State or the United 14 States Agency for International Development (USAID) 15 that are specifically designated for particular programs or 16 activities by this or any other Act may be extended for 17 an additional fiscal year if the Secretary of State or the 18 USAID Administrator, as appropriate, determines and re19 ports promptly to the Committees on Appropriations that 20 the termination of assistance to a country or a significant 21 change in circumstances makes it unlikely that such des22 ignated funds can be obligated during the original period 23 of availability: Provided, That such designated funds that 24 continue to be available for an additional fiscal year shall 25 be obligated only for the purpose of such designation. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1229 1 (c) OTHER ACTS.—Ceilings and specifically des- 2 ignated funding levels contained in this Act shall not be 3 applicable to funds or authorities appropriated or other4 wise made available by any subsequent Act unless such 5 Act specifically so directs: Provided, That specifically des6 ignated funding levels or minimum funding requirements 7 contained in any other Act shall not be applicable to funds 8 appropriated by this Act. 9 NOTIFICATION REQUIREMENTS 10 11 SEC. 7015. (a) NOTIFICATION GRAMS, PROJECTS, AND OF CHANGES IN PRO- ACTIVITIES.—None of the funds 12 made available in titles I and II of this Act, or in prior 13 appropriations Acts to the agencies and departments fund14 ed by this Act that remain available for obligation in fiscal 15 year 2016, or provided from any accounts in the Treasury 16 of the United States derived by the collection of fees or 17 of currency reflows or other offsetting collections, or made 18 available by transfer, to the agencies and departments 19 funded by this Act, shall be available for obligation to— 20 (1) create new programs; 21 (2) eliminate a program, project, or activity; 22 (3) close, suspend, open, or reopen a mission or 23 24 25 December 16, 2015 (1:04 a.m.) post; (4) create, close, reorganize, or rename bureaus, centers, or offices; or U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1230 1 (5) contract out or privatize any functions or 2 activities presently performed by Federal employees; 3 unless previously justified to the Committees on Appro4 priations or such Committees are notified 15 days in ad5 vance of such obligation. 6 (b) NOTIFICATION OF REPROGRAMMING OF 7 FUNDS.—None of the funds provided under titles I and 8 II of this Act, or provided under previous appropriations 9 Acts to the agency or department funded under titles I 10 and II of this Act that remain available for obligation in 11 fiscal year 2016, or provided from any accounts in the 12 Treasury of the United States derived by the collection 13 of fees available to the agency or department funded under 14 title I of this Act, shall be available for obligation or ex15 penditure for activities, programs, or projects through a 16 reprogramming of funds in excess of $1,000,000 or 10 17 percent, whichever is less, that— 18 19 (1) augments or changes existing programs, projects, or activities; 20 (2) relocates an existing office or employees; 21 (3) reduces by 10 percent funding for any exist- 22 ing program, project, or activity, or numbers of per- 23 sonnel by 10 percent as approved by Congress; or 24 (4) results from any general savings, including 25 savings from a reduction in personnel, which would December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1231 1 result in a change in existing programs, activities, or 2 projects as approved by Congress; 3 unless the Committees on Appropriations are notified 15 4 days in advance of such reprogramming of funds. 5 (c) NOTIFICATION REQUIREMENT.—None of the 6 funds made available by this Act under the headings 7 ‘‘Global Health Programs’’, ‘‘Development Assistance’’, 8 ‘‘International Organizations and Programs’’, ‘‘Trade and 9 Development Agency’’, ‘‘International Narcotics Control 10 and Law Enforcement’’, ‘‘Economic Support Fund’’, ‘‘De11 mocracy Fund’’, ‘‘Assistance for Europe, Eurasia and 12 Central Asia’’, ‘‘Peacekeeping Operations’’, ‘‘Non- 13 proliferation, Anti-terrorism, Demining and Related Pro14 grams’’, ‘‘Millennium Challenge Corporation’’, ‘‘Foreign 15 Military Financing Program’’, ‘‘International Military 16 Education and Training’’, and ‘‘Peace Corps’’, shall be 17 available for obligation for activities, programs, projects, 18 type of materiel assistance, countries, or other operations 19 not justified or in excess of the amount justified to the 20 Committees on Appropriations for obligation under any of 21 these specific headings unless the Committees on Appro22 priations are notified 15 days in advance: Provided, That 23 the President shall not enter into any commitment of 24 funds appropriated for the purposes of section 23 of the 25 Arms Export Control Act for the provision of major de- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1232 1 fense equipment, other than conventional ammunition, or 2 other major defense items defined to be aircraft, ships, 3 missiles, or combat vehicles, not previously justified to 4 Congress or 20 percent in excess of the quantities justified 5 to Congress unless the Committees on Appropriations are 6 notified 15 days in advance of such commitment: Provided 7 further, That requirements of this subsection or any simi8 lar provision of this or any other Act shall not apply to 9 any reprogramming for an activity, program, or project 10 for which funds are appropriated under titles III through 11 VI of this Act of less than 10 percent of the amount pre12 viously justified to Congress for obligation for such activ13 ity, program, or project for the current fiscal year: Pro14 vided further, That any notification submitted pursuant to 15 subsection (f) of this section shall include information (if 16 known on the date of transmittal of such notification) on 17 the use of notwithstanding authority: Provided further, 18 That if subsequent to the notification of assistance it be19 comes necessary to rely on notwithstanding authority, the 20 Committees on Appropriations should be informed at the 21 earliest opportunity and to the extent practicable. 22 (d) NOTIFICATION OF TRANSFER OF FUNDS.—Not- 23 withstanding any other provision of law, with the excep24 tion of funds transferred to, and merged with, funds ap25 propriated under title I of this Act, funds transferred by December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1233 1 the Department of Defense to the Department of State 2 and the United States Agency for International Develop3 ment for assistance for foreign countries and international 4 organizations, and funds made available for programs pre5 viously authorized under section 1206 of the National De6 fense Authorization Act for Fiscal Year 2006 (Public Law 7 109–163) or section 2282 of title 10, United States Code, 8 shall be subject to the regular notification procedures of 9 the Committees on Appropriations. 10 (e) WAIVER.—The requirements of this section or 11 any similar provision of this Act or any other Act, includ12 ing any prior Act requiring notification in accordance with 13 the regular notification procedures of the Committees on 14 Appropriations, may be waived if failure to do so would 15 pose a substantial risk to human health or welfare: Pro16 vided, That in case of any such waiver, notification to the 17 Committees on Appropriations shall be provided as early 18 as practicable, but in no event later than 3 days after tak19 ing the action to which such notification requirement was 20 applicable, in the context of the circumstances necessi21 tating such waiver: Provided further, That any notification 22 provided pursuant to such a waiver shall contain an expla23 nation of the emergency circumstances. 24 (f) COUNTRY NOTIFICATION REQUIREMENTS.—None 25 of the funds appropriated under titles III through VI of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1234 1 this Act may be obligated or expended for assistance for 2 Afghanistan, Bahrain, Bolivia, Burma, Cambodia, Colom3 bia, Cuba, Ecuador, Egypt, El Salvador, Ethiopia, Guate4 mala, Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Mex5 ico, Pakistan, the Russian Federation, Somalia, South 6 Sudan, Sri Lanka, Sudan, Syria, Uzbekistan, Venezuela, 7 Yemen, and Zimbabwe except as provided through the reg8 ular notification procedures of the Committees on Appro9 priations. 10 (g) WITHHOLDING OF FUNDS.—Funds appropriated 11 by this Act under titles III and IV that are withheld from 12 obligation or otherwise not programmed as a result of ap13 plication of a provision of law in this or any other Act 14 shall, if reprogrammed, be subject to the regular notifica15 tion procedures of the Committees on Appropriations. 16 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT 17 SEC. 7016. Prior to providing excess Department of 18 Defense articles in accordance with section 516(a) of the 19 Foreign Assistance Act of 1961, the Department of De20 fense shall notify the Committees on Appropriations to the 21 same extent and under the same conditions as other com22 mittees pursuant to subsection (f) of that section: Pro23 vided, That before issuing a letter of offer to sell excess 24 defense articles under the Arms Export Control Act, the 25 Department of Defense shall notify the Committees on December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1235 1 Appropriations in accordance with the regular notification 2 procedures of such Committees if such defense articles are 3 significant military equipment (as defined in section 47(9) 4 of the Arms Export Control Act) or are valued (in terms 5 of original acquisition cost) at $7,000,000 or more, or if 6 notification is required elsewhere in this Act for the use 7 of appropriated funds for specific countries that would re8 ceive such excess defense articles: Provided further, That 9 such Committees shall also be informed of the original ac10 quisition cost of such defense articles. 11 LIMITATION ON AVAILABILITY OF FUNDS FOR 12 INTERNATIONAL ORGANIZATIONS AND PROGRAMS 13 SEC. 7017. Subject to the regular notification proce- 14 dures of the Committees on Appropriations, funds appro15 priated under titles I and III through V of this Act, which 16 are returned or not made available for organizations and 17 programs because of the implementation of section 307(a) 18 of the Foreign Assistance Act of 1961 or section 7048(a) 19 of this Act, shall remain available for obligation until Sep20 tember 30, 2018: Provided, That the requirement to with21 hold funds for programs in Burma under section 307(a) 22 of the Foreign Assistance Act of 1961 shall not apply to 23 funds appropriated by this Act. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1236 1 PROHIBITION ON FUNDING FOR ABORTIONS AND 2 INVOLUNTARY STERILIZATION 3 SEC. 7018. None of the funds made available to carry 4 out part I of the Foreign Assistance Act of 1961, as 5 amended, may be used to pay for the performance of abor6 tions as a method of family planning or to motivate or 7 coerce any person to practice abortions. None of the funds 8 made available to carry out part I of the Foreign Assist9 ance Act of 1961, as amended, may be used to pay for 10 the performance of involuntary sterilization as a method 11 of family planning or to coerce or provide any financial 12 incentive to any person to undergo sterilizations. None of 13 the funds made available to carry out part I of the Foreign 14 Assistance Act of 1961, as amended, may be used to pay 15 for any biomedical research which relates in whole or in 16 part, to methods of, or the performance of, abortions or 17 involuntary sterilization as a means of family planning. 18 None of the funds made available to carry out part I of 19 the Foreign Assistance Act of 1961, as amended, may be 20 obligated or expended for any country or organization if 21 the President certifies that the use of these funds by any 22 such country or organization would violate any of the 23 above provisions related to abortions and involuntary steri24 lizations. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1237 1 2 ALLOCATIONS SEC. 7019. (a) ALLOCATION TABLES.—Subject to 3 subsection (b), funds appropriated by this Act under titles 4 III through V shall be made available in the amounts spe5 cifically designated in the respective tables included in the 6 explanatory statement described in section 4 (in the mat7 ter preceding division A of this Consolidated Act): Pro8 vided, That such designated amounts for foreign countries 9 and international organizations shall serve as the amounts 10 for such countries and international organizations trans11 mitted to the Congress in the report required by section 12 653(a) of the Foreign Assistance Act of 1961 (FAA). 13 (b) AUTHORIZED DEVIATIONS.—Unless otherwise 14 provided for by this Act, the Secretary of State and the 15 Administrator of the United States Agency for Inter16 national Development, as applicable, may only deviate up 17 to 5 percent from the amounts specifically designated in 18 the respective tables included in the explanatory statement 19 described in section 4 (in the matter preceding division 20 A of this Consolidated Act): Provided, That such percent21 age may be exceeded only to respond to significant, exi22 gent, or unforeseen events, or to address other exceptional 23 circumstances directly related to the national interest: 24 Provided further, That deviations pursuant to the previous 25 proviso shall be subject to prior consultation with, and the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1238 1 regular notification procedures of, the Committees on Ap2 propriations. 3 (c) LIMITATION.—For specifically designated 4 amounts that are included, pursuant to subsection (a), in 5 the report required by section 653(a) of the FAA, no devi6 ations authorized by subsection (b) may take place until 7 submission of such report. 8 REPRESENTATION AND ENTERTAINMENT EXPENSES 9 SEC. 7020. (a) USES OF FUNDS.—Each Federal de- 10 partment, agency, or entity funded in titles I or II of this 11 Act, and the Department of the Treasury and independent 12 agencies funded in titles III or VI of this Act, shall take 13 steps to ensure that domestic and overseas representation 14 and entertainment expenses further official agency busi15 ness and United States foreign policy interests— 16 17 18 19 (1) are primarily for fostering relations outside of the Executive Branch; (2) are principally for meals and events of a protocol nature; 20 (3) are not for employee-only events; and 21 (4) do not include activities that are substan- 22 tially of a recreational character. 23 (b) LIMITATIONS.—None of the funds appropriated 24 or otherwise made available by this Act under the head25 ings ‘‘International Military Education and Training’’ or December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1239 1 ‘‘Foreign Military Financing Program’’ for Informational 2 Program activities or under the headings ‘‘Global Health 3 Programs’’, ‘‘Development Assistance’’, ‘‘Economic Sup4 port Fund’’, and ‘‘Assistance for Europe, Eurasia and 5 Central Asia’’ may be obligated or expended to pay for— 6 (1) alcoholic beverages; or 7 (2) entertainment expenses for activities that 8 are substantially of a recreational character, includ- 9 ing but not limited to entrance fees at sporting 10 events, theatrical and musical productions, and 11 amusement parks. 12 PROHIBITION ON ASSISTANCE TO GOVERNMENTS 13 SUPPORTING INTERNATIONAL TERRORISM 14 15 SEC. 7021. (a) LETHAL MILITARY EQUIPMENT EXPORTS.— 16 (1) PROHIBITION.—None of the funds appro- 17 priated or otherwise made available by titles III 18 through VI of this Act may be made available to any 19 foreign government which provides lethal military 20 equipment to a country the government of which the 21 Secretary of State has determined supports inter- 22 national terrorism for purposes of section 6(j) of the 23 Export Administration Act of 1979 as continued in 24 effect pursuant to the International Emergency Eco- 25 nomic Powers Act: Provided, That the prohibition December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1240 1 under this section with respect to a foreign govern- 2 ment shall terminate 12 months after that govern- 3 ment ceases to provide such military equipment: 4 Provided further, That this section applies with re- 5 spect to lethal military equipment provided under a 6 contract entered into after October 1, 1997. 7 (2) DETERMINATION.—Assistance restricted by 8 paragraph (1) or any other similar provision of law, 9 may be furnished if the President determines that to 10 do so is important to the national interests of the 11 United States. 12 (3) REPORT.—Whenever the President makes a 13 determination pursuant to paragraph (2), the Presi- 14 dent shall submit to the Committees on Appropria- 15 tions a report with respect to the furnishing of such 16 assistance, including a detailed explanation of the 17 assistance to be provided, the estimated dollar 18 amount of such assistance, and an explanation of 19 how the assistance furthers United States national 20 interests. 21 (b) BILATERAL ASSISTANCE.— 22 (1) LIMITATIONS.—Funds appropriated for bi- 23 lateral assistance in titles III through VI of this Act 24 and funds appropriated under any such title in prior 25 Acts making appropriations for the Department of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1241 1 State, foreign operations, and related programs, 2 shall not be made available to any foreign govern- 3 ment which the President determines— 4 (A) grants sanctuary from prosecution to 5 any individual or group which has committed 6 an act of international terrorism; 7 8 (B) otherwise supports international terrorism; or 9 (C) is controlled by an organization des- 10 ignated as a terrorist organization under sec- 11 tion 219 of the Immigration and Nationality 12 Act. 13 (2) WAIVER.—The President may waive the ap- 14 plication of paragraph (1) to a government if the 15 President determines that national security or hu- 16 manitarian reasons justify such waiver: Provided, 17 That the President shall publish each such waiver in 18 the Federal Register and, at least 15 days before the 19 waiver takes effect, shall notify the Committees on 20 Appropriations of the waiver (including the justifica- 21 tion for the waiver) in accordance with the regular 22 notification procedures of the Committees on Appro- 23 priations. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1242 1 AUTHORIZATION REQUIREMENTS 2 SEC. 7022. Funds appropriated by this Act, except 3 funds appropriated under the heading ‘‘Trade and Devel4 opment Agency’’, may be obligated and expended notwith5 standing section 10 of Public Law 91–672, section 15 of 6 the State Department Basic Authorities Act of 1956, sec7 tion 313 of the Foreign Relations Authorization Act, Fis8 cal Years 1994 and 1995 (Public Law 103–236), and sec9 tion 504(a)(1) of the National Security Act of 1947 (50 10 U.S.C. 3094(a)(1)). 11 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY 12 SEC. 7023. For the purpose of titles II through VI 13 of this Act ‘‘program, project, and activity’’ shall be de14 fined at the appropriations Act account level and shall in15 clude all appropriations and authorizations Acts funding 16 directives, ceilings, and limitations with the exception that 17 for the following accounts: ‘‘Economic Support Fund’’ and 18 ‘‘Foreign Military Financing Program’’, ‘‘program, 19 project, and activity’’ shall also be considered to include 20 country, regional, and central program level funding with21 in each such account; and for the development assistance 22 accounts of the United States Agency for International 23 Development, ‘‘program, project, and activity’’ shall also 24 be considered to include central, country, regional, and 25 program level funding, either as— December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1243 1 (1) justified to Congress; or 2 (2) allocated by the Executive Branch in ac- 3 cordance with a report, to be provided to the Com- 4 mittees on Appropriations within 30 days of the en- 5 actment of this Act, as required by section 653(a) 6 of the Foreign Assistance Act of 1961. 7 AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN 8 FOUNDATION AND UNITED STATES AFRICAN DEVEL- 9 OPMENT FOUNDATION 10 SEC. 7024. Unless expressly provided to the contrary, 11 provisions of this or any other Act, including provisions 12 contained in prior Acts authorizing or making appropria13 tions for the Department of State, foreign operations, and 14 related programs, shall not be construed to prohibit activi15 ties authorized by or conducted under the Peace Corps 16 Act, the Inter-American Foundation Act or the African 17 Development Foundation Act: Provided, That prior to con18 ducting activities in a country for which assistance is pro19 hibited, the agency shall consult with the Committees on 20 Appropriations and report to such Committees within 15 21 days of taking such action. 22 COMMERCE, TRADE AND SURPLUS COMMODITIES 23 SEC. 7025. (a) WORLD MARKETS.—None of the 24 funds appropriated or made available pursuant to titles 25 III through VI of this Act for direct assistance and none December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1244 1 of the funds otherwise made available to the Export-Im2 port Bank and the Overseas Private Investment Corpora3 tion shall be obligated or expended to finance any loan, 4 any assistance, or any other financial commitments for es5 tablishing or expanding production of any commodity for 6 export by any country other than the United States, if 7 the commodity is likely to be in surplus on world markets 8 at the time the resulting productive capacity is expected 9 to become operative and if the assistance will cause sub10 stantial injury to United States producers of the same, 11 similar, or competing commodity: Provided, That such 12 prohibition shall not apply to the Export-Import Bank if 13 in the judgment of its Board of Directors the benefits to 14 industry and employment in the United States are likely 15 to outweigh the injury to United States producers of the 16 same, similar, or competing commodity, and the Chairman 17 of the Board so notifies the Committees on Appropria18 tions: Provided further, That this subsection shall not pro19 hibit— 20 (1) activities in a country that is eligible for as- 21 sistance from the International Development Asso- 22 ciation, is not eligible for assistance from the Inter- 23 national Bank for Reconstruction and Development, 24 and does not export on a consistent basis the agri- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1245 1 cultural commodity with respect to which assistance 2 is furnished; or 3 (2) activities in a country the President deter- 4 mines is recovering from widespread conflict, a hu- 5 manitarian crisis, or a complex emergency. 6 (b) EXPORTS.—None of the funds appropriated by 7 this or any other Act to carry out chapter 1 of part I 8 of the Foreign Assistance Act of 1961 shall be available 9 for any testing or breeding feasibility study, variety im10 provement or introduction, consultancy, publication, con11 ference, or training in connection with the growth or pro12 duction in a foreign country of an agricultural commodity 13 for export which would compete with a similar commodity 14 grown or produced in the United States: Provided, That 15 this subsection shall not prohibit— 16 (1) activities designed to increase food security 17 in developing countries where such activities will not 18 have a significant impact on the export of agricul- 19 tural commodities of the United States; 20 21 (2) research activities intended primarily to benefit United States producers; 22 (3) activities in a country that is eligible for as- 23 sistance from the International Development Asso- 24 ciation, is not eligible for assistance from the Inter- 25 national Bank for Reconstruction and Development, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1246 1 and does not export on a consistent basis the agri- 2 cultural commodity with respect to which assistance 3 is furnished; or 4 (4) activities in a country the President deter- 5 mines is recovering from widespread conflict, a hu- 6 manitarian crisis, or a complex emergency. 7 (c) INTERNATIONAL FINANCIAL INSTITUTIONS.— 8 The Secretary of the Treasury shall instruct the United 9 States executive directors of the international financial in10 stitutions, as defined in section 7034(r)(3) of this Act, to 11 use the voice and vote of the United States to oppose any 12 assistance by such institutions, using funds appropriated 13 or made available by this Act, for the production or extrac14 tion of any commodity or mineral for export, if it is in 15 surplus on world markets and if the assistance will cause 16 substantial injury to United States producers of the same, 17 similar, or competing commodity. 18 19 SEPARATE ACCOUNTS SEC. 7026. (a) SEPARATE ACCOUNTS FOR LOCAL 20 CURRENCIES.— 21 (1) AGREEMENTS.—If assistance is furnished to 22 the government of a foreign country under chapters 23 1 and 10 of part I or chapter 4 of part II of the 24 Foreign Assistance Act of 1961 under agreements 25 which result in the generation of local currencies of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1247 1 that country, the Administrator of the United States 2 Agency for International Development (USAID) 3 shall— 4 (A) require that local currencies be depos- 5 ited in a separate account established by that 6 government; 7 8 (B) enter into an agreement with that government which sets forth— 9 10 (i) the amount of the local currencies to be generated; and 11 (ii) the terms and conditions under 12 which the currencies so deposited may be 13 utilized, consistent with this section; and 14 (C) establish by agreement with that gov- 15 ernment the responsibilities of USAID and that 16 government to monitor and account for deposits 17 into and disbursements from the separate ac- 18 count. 19 (2) USES OF LOCAL CURRENCIES.—As may be 20 agreed upon with the foreign government, local cur- 21 rencies deposited in a separate account pursuant to 22 subsection (a), or an equivalent amount of local cur- 23 rencies, shall be used only— 24 (A) to carry out chapter 1 or 10 of part 25 I or chapter 4 of part II of the Foreign Assist- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1248 1 ance Act of 1961 (as the case may be), for such 2 purposes as— 3 (i) project and sector assistance activi- 4 ties; or 5 (ii) debt and deficit financing; or 6 (B) for the administrative requirements of 7 the United States Government. 8 (3) PROGRAMMING ACCOUNTABILITY.—USAID 9 shall take all necessary steps to ensure that the 10 equivalent of the local currencies disbursed pursuant 11 to subsection (a)(2)(A) from the separate account 12 established pursuant to subsection (a)(1) are used 13 for the purposes agreed upon pursuant to subsection 14 (a)(2). 15 (4) TERMINATION OF ASSISTANCE PRO- 16 GRAMS.—Upon 17 try under chapter 1 or 10 of part I or chapter 4 of 18 part II of the Foreign Assistance Act of 1961 (as 19 the case may be), any unencumbered balances of 20 funds which remain in a separate account estab- 21 lished pursuant to subsection (a) shall be disposed of 22 for such purposes as may be agreed to by the gov- 23 ernment of that country and the United States Gov- 24 ernment. December 16, 2015 (1:04 a.m.) termination of assistance to a coun- U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1249 1 (5) REPORTING REQUIREMENT.—The USAID 2 Administrator shall report on an annual basis as 3 part of the justification documents submitted to the 4 Committees on Appropriations on the use of local 5 currencies for the administrative requirements of the 6 United States Government as authorized in sub- 7 section (a)(2)(B), and such report shall include the 8 amount of local currency (and United States dollar 9 equivalent) used or to be used for such purpose in 10 each applicable country. 11 (b) SEPARATE ACCOUNTS 12 (1) IN GENERAL.—If FOR CASH TRANSFERS.— assistance is made avail- 13 able to the government of a foreign country, under 14 chapter 1 or 10 of part I or chapter 4 of part II of 15 the Foreign Assistance Act of 1961, as cash transfer 16 assistance or as nonproject sector assistance, that 17 country shall be required to maintain such funds in 18 a separate account and not commingle with any 19 other funds. 20 (2) APPLICABILITY OF OTHER PROVISIONS OF 21 LAW.—Such 22 notwithstanding provisions of law which are incon- 23 sistent with the nature of this assistance including 24 provisions which are referenced in the Joint Explan- 25 atory Statement of the Committee of Conference ac- December 16, 2015 (1:04 a.m.) funds may be obligated and expended U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1250 1 companying House Joint Resolution 648 (House Re- 2 port No. 98–1159). 3 (3) NOTIFICATION.—At least 15 days prior to 4 obligating any such cash transfer or nonproject sec- 5 tor assistance, the President shall submit a notifica- 6 tion through the regular notification procedures of 7 the Committees on Appropriations, which shall in- 8 clude a detailed description of how the funds pro- 9 posed to be made available will be used, with a dis- 10 cussion of the United States interests that will be 11 served by the assistance (including, as appropriate, 12 a description of the economic policy reforms that will 13 be promoted by such assistance). 14 (4) EXEMPTION.—Nonproject sector assistance 15 funds may be exempt from the requirements of para- 16 graph (1) only through the regular notification pro- 17 cedures of the Committees on Appropriations. 18 ELIGIBILITY FOR ASSISTANCE 19 20 SEC. 7027. (a) ASSISTANCE THROUGH NONGOVERNMENTAL ORGANIZATIONS.—Restrictions contained in this 21 or any other Act with respect to assistance for a country 22 shall not be construed to restrict assistance in support of 23 programs of nongovernmental organizations from funds 24 appropriated by this Act to carry out the provisions of 25 chapters 1, 10, 11, and 12 of part I and chapter 4 of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1251 1 part II of the Foreign Assistance Act of 1961 and from 2 funds appropriated under the heading ‘‘Assistance for Eu3 rope, Eurasia and Central Asia’’: Provided, That before 4 using the authority of this subsection to furnish assistance 5 in support of programs of nongovernmental organizations, 6 the President shall notify the Committees on Appropria7 tions pursuant to the regular notification procedures, in8 cluding a description of the program to be assisted, the 9 assistance to be provided, and the reasons for furnishing 10 such assistance: Provided further, That nothing in this 11 subsection shall be construed to alter any existing statu12 tory prohibitions against abortion or involuntary steriliza13 tions contained in this or any other Act. 14 (b) PUBLIC LAW 480.—During fiscal year 2016, re- 15 strictions contained in this or any other Act with respect 16 to assistance for a country shall not be construed to re17 strict assistance under the Food for Peace Act (Public 18 Law 83–480): Provided, That none of the funds appro19 priated to carry out title I of such Act and made available 20 pursuant to this subsection may be obligated or expended 21 except as provided through the regular notification proce22 dures of the Committees on Appropriations. 23 (c) EXCEPTION.—This section shall not apply— 24 (1) with respect to section 620A of the Foreign 25 Assistance Act of 1961 or any comparable provision December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1252 1 of law prohibiting assistance to countries that sup- 2 port international terrorism; or 3 (2) with respect to section 116 of the Foreign 4 Assistance Act of 1961 or any comparable provision 5 of law prohibiting assistance to the government of a 6 country that violates internationally recognized 7 human rights. 8 9 LOCAL COMPETITION SEC. 7028. (a) REQUIREMENTS 10 COMPETITION FOR FOR EXCEPTIONS TO LOCAL ENTITIES.—Funds appro- 11 priated by this Act that are made available to the United 12 States Agency for International Development (USAID) 13 may only be made available for limited competitions 14 through local entities if— 15 16 (1) prior to the determination to limit competition to local entities, USAID has— 17 (A) assessed the level of local capacity to 18 effectively implement, manage, and account for 19 programs included in such competition; and 20 (B) documented the written results of the 21 assessment and decisions made; and 22 (2) prior to making an award after limiting 23 December 16, 2015 (1:04 a.m.) competition to local entities— U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1253 1 (A) each successful local entity has been 2 determined to be responsible in accordance with 3 USAID guidelines; and 4 (B) effective monitoring and evaluation 5 systems are in place to ensure that award fund- 6 ing is used for its intended purposes; and 7 (3) no level of acceptable fraud is assumed. 8 (b) REPORTING REQUIREMENT.—In addition to the 9 requirements of subsection (a)(1), the USAID Adminis10 trator shall report, on an annual basis, to the appropriate 11 congressional committees on all awards subject to limited 12 or no competition for local entities: Provided, That such 13 report should be posted on the USAID Web site: Provided 14 further, That the requirements of this subsection shall only 15 apply to awards in excess of $3,000,000 and sole source 16 awards to local entities in excess of $2,000,000. 17 (c) EXTENSION OF PROCUREMENT AUTHORITY.— 18 Section 7077 of the Department of State, Foreign Oper19 ations, and Related Programs Appropriations Act, 2012 20 (division I of Public Law 112–74) shall continue in effect 21 during fiscal year 2016, as amended by the Department 22 of State, Foreign Operations, and Related Programs Ap23 propriations Act, 2014 (division K of Public Law 113– 24 76). December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1254 1 2 INTERNATIONAL FINANCIAL INSTITUTIONS SEC. 7029. (a) EVALUATIONS AND REPORT.—The 3 Secretary of the Treasury shall instruct the United States 4 executive director of each international financial institu5 tion to seek to require that such institution adopts and 6 implements a publicly available policy, including the stra7 tegic use of peer reviews and external experts, to conduct 8 independent, in-depth evaluations of the effectiveness of 9 at least 25 percent of all loans, grants, programs, and sig10 nificant analytical non-lending activities in advancing the 11 institution’s goals of reducing poverty and promoting equi12 table economic growth, consistent with relevant safe13 guards, to ensure that decisions to support such loans, 14 grants, programs, and activities are based on accurate 15 data and objective analysis: Provided, That not later than 16 180 days after enactment of this Act, the Secretary shall 17 submit a report to the Committees on Appropriations on 18 steps taken by the United States executive directors and 19 the international financial institutions consistent with this 20 subsection. 21 (b) SAFEGUARDS.—The Secretary of the Treasury 22 shall instruct the United States Executive Director of the 23 International Bank for Reconstruction and Development 24 and the International Development Association to vote 25 against any loan, grant, policy, or strategy if such institu- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1255 1 tion has adopted and is implementing any social or envi2 ronmental safeguard relevant to such loan, grant, policy, 3 or strategy that provides less protection than World Bank 4 safeguards in effect on September 30, 2015. 5 (c) COMPENSATION.—None of the funds appro- 6 priated under title V of this Act may be made as payment 7 to any international financial institution while the United 8 States executive director to such institution is com9 pensated by the institution at a rate which, together with 10 whatever compensation such executive director receives 11 from the United States, is in excess of the rate provided 12 for an individual occupying a position at level IV of the 13 Executive Schedule under section 5315 of title 5, United 14 States Code, or while any alternate United States execu15 tive director to such institution is compensated by the in16 stitution at a rate in excess of the rate provided for an 17 individual occupying a position at level V of the Executive 18 Schedule under section 5316 of title 5, United States 19 Code. 20 (d) HUMAN RIGHTS.—The Secretary of the Treasury 21 shall instruct the United States executive director of each 22 international financial institution to seek to require that 23 such institution conducts rigorous human rights due dili24 gence and risk management, as appropriate, in connection 25 with any loan, grant, policy, or strategy of such institu- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1256 1 tion: Provided, That prior to voting on any such loan, 2 grant, policy, or strategy the executive director shall con3 sult with the Assistant Secretary for Democracy, Human 4 Rights, and Labor, Department of State, if the executive 5 director has reason to believe that such loan, grant, policy, 6 or strategy could result in forced displacement or other 7 violation of human rights. 8 (e) FRAUD AND CORRUPTION.—The Secretary of the 9 Treasury shall instruct the United States executive direc10 tor of each international financial institution to promote 11 in loan, grant, and other financing agreements improve12 ments in borrowing countries’ financial management and 13 judicial capacity to investigate, prosecute, and punish 14 fraud and corruption. 15 (f) BENEFICIAL OWNERSHIP INFORMATION.—The 16 Secretary of the Treasury shall instruct the United States 17 executive director of each international financial institu18 tion to seek to require that such institution collects, 19 verifies, and publishes, to the maximum extent practicable, 20 beneficial ownership information (excluding proprietary 21 information) for any corporation or limited liability com22 pany, other than a publicly listed company, that receives 23 funds appropriated by this Act that are provided as pay24 ment to such institution: Provided, That not later than 25 180 days after enactment of this Act, the Secretary shall December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1257 1 submit a report to the Committees on Appropriations on 2 steps taken by the United States executive directors and 3 the international financial institutions consistent with this 4 subsection. 5 (g) WHISTLEBLOWER PROTECTIONS.—The Secretary 6 of the Treasury shall instruct the United States executive 7 director of each international financial institution to seek 8 to require that each such institution is effectively imple9 menting and enforcing policies and procedures which re10 flect best practices for the protection of whistleblowers 11 from retaliation, including best practices for— 12 13 (1) protection against retaliation for internal and lawful public disclosure; 14 (2) legal burdens of proof; 15 (3) statutes of limitation for reporting retalia- 16 17 18 19 20 21 22 tion; (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 partici- 23 pation of nongovernmental organizations in debt-for-devel24 opment and debt-for-nature exchanges, a nongovern25 mental organization which is a grantee or contractor of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1258 1 the United States Agency for International Development 2 may place in interest bearing accounts local currencies 3 which accrue to that organization as a result of economic 4 assistance provided under title III of this Act and, subject 5 to the regular notification procedures of the Committees 6 on Appropriations, any interest earned on such investment 7 shall be used for the purpose for which the assistance was 8 provided to that organization. 9 FINANCIAL MANAGEMENT AND BUDGET TRANSPARENCY 10 11 SEC. 7031. (a) LIMITATION MENT-TO-GOVERNMENT ON DIRECT GOVERN- ASSISTANCE.— 12 (1) REQUIREMENTS.—Funds appropriated by 13 this Act may be made available for direct govern- 14 ment-to-government assistance only if— 15 (A)(i) each implementing agency or min- 16 istry to receive assistance has been assessed 17 and is considered to have the systems required 18 to manage such assistance and any identified 19 vulnerabilities or weaknesses of such agency or 20 ministry have been addressed; 21 (ii) the recipient agency or ministry em- 22 ploys and utilizes staff with the necessary tech- 23 nical, financial, and management capabilities; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1259 1 (iii) the recipient agency or ministry has 2 adopted competitive procurement policies and 3 systems; 4 (iv) effective monitoring and evaluation 5 systems are in place to ensure that such assist- 6 ance is used for its intended purposes; 7 8 (v) no level of acceptable fraud is assumed; and 9 (vi) the government of the recipient coun- 10 try is taking steps to publicly disclose on an an- 11 nual basis its national budget, to include in- 12 come and expenditures; 13 (B) the recipient government is in compli- 14 ance with the principles set forth in section 15 7013 of this Act; 16 (C) the recipient agency or ministry is not 17 headed or controlled by an organization des- 18 ignated as a foreign terrorist organization 19 under section 219 of the Immigration and Na- 20 tionality Act; 21 (D) the Government of the United States 22 and the government of the recipient country 23 have agreed, in writing, on clear and achievable 24 objectives for the use of such assistance, which December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1260 1 should be made available on a cost-reimbursable 2 basis; and 3 (E) the recipient government is taking 4 steps to protect the rights of civil society, in- 5 cluding freedoms of expression, association, and 6 assembly. 7 (2) CONSULTATION AND NOTIFICATION.—In 8 addition to the requirements in paragraph (1), no 9 funds may be made available for direct government- 10 to-government assistance without prior consultation 11 with, and notification of, the Committees on Appro- 12 priations: Provided, That such notification shall con- 13 tain an explanation of how the proposed activity 14 meets the requirements of paragraph (1): Provided 15 further, That the requirements of this paragraph 16 shall only apply to direct government-to-government 17 assistance in excess of $10,000,000 and all funds 18 available for cash transfer, budget support, and cash 19 payments to individuals. 20 (3) SUSPENSION OF ASSISTANCE.—The Admin- 21 istrator of the United States Agency for Inter- 22 national Development (USAID) or the Secretary of 23 State, as appropriate, shall suspend any direct gov- 24 ernment-to-government assistance if the Adminis- 25 trator or the Secretary has credible information of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1261 1 material misuse of such assistance, unless the Ad- 2 ministrator or the Secretary reports to the Commit- 3 tees on Appropriations that it is in the national in- 4 terest of the United States to continue such assist- 5 ance, including a justification, or that such misuse 6 has been appropriately addressed. 7 (4) SUBMISSION OF INFORMATION.—The Sec- 8 retary of State shall submit to the Committees on 9 Appropriations, concurrent with the fiscal year 2017 10 congressional budget justification materials, amounts 11 planned for assistance described in paragraph (1) by 12 country, proposed funding amount, source of funds, 13 and type of assistance. 14 (5) REPORT.—Not later than 90 days after the 15 enactment of this Act and 6 months thereafter until 16 September 30, 2016, the USAID Administrator 17 shall submit to the Committees on Appropriations a 18 report that— 19 (A) details all assistance described in para- 20 graph (1) provided during the previous 6-month 21 period by country, funding amount, source of 22 funds, and type of such assistance; and 23 (B) the type of procurement instrument or 24 mechanism utilized and whether the assistance 25 was provided on a reimbursable basis. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1262 1 (6) DEBT SERVICE PAYMENT PROHIBITION.— 2 None of the funds made available by this Act may 3 be used for any foreign country for debt service pay- 4 ments owed by any country to any international fi- 5 nancial institution: Provided, That for purposes of 6 this paragraph, the term ‘‘international financial in- 7 stitution’’ has the meaning given the term in section 8 7034(r)(3) of this Act. 9 (b) NATIONAL BUDGET 10 PARENCY.— 11 (1) MINIMUM AND CONTRACT TRANS- REQUIREMENTS OF FISCAL 12 TRANSPARENCY.—The 13 tinue to update and strengthen the ‘‘minimum re- 14 quirements of fiscal transparency’’ for each govern- 15 ment receiving assistance appropriated by this Act, 16 as identified in the report required by section 17 7031(b) of the Department of State, Foreign Oper- 18 ations, and Related Programs Appropriations Act, 19 2014 (division K of Public Law 113–76). Secretary of State shall con- 20 (2) DEFINITION.—For purposes of paragraph 21 (1), ‘‘minimum requirements of fiscal transparency’’ 22 are requirements consistent with those in subsection 23 (a)(1), and the public disclosure of national budget 24 documentation (to include receipts and expenditures 25 by ministry) and government contracts and licenses December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1263 1 for natural resource extraction (to include bidding 2 and concession allocation practices). 3 (3) DETERMINATION AND REPORT.—For each 4 government identified pursuant to paragraph (1), 5 the Secretary of State, not later than 180 days after 6 enactment of this Act, shall make or update any de- 7 termination of ‘‘significant progress’’ or ‘‘no signifi- 8 cant progress’’ in meeting the minimum require- 9 ments of fiscal transparency, and make such deter- 10 minations publicly available in an annual ‘‘Fiscal 11 Transparency Report’’ to be posted on the Depart- 12 ment of State Web site: Provided, That the Sec- 13 retary shall identify the significant progress made by 14 each such government to publicly disclose national 15 budget documentation, contracts, and licenses which 16 are additional to such information disclosed in pre- 17 vious fiscal years, and include specific recommenda- 18 tions of short- and long-term steps such government 19 should take to improve fiscal transparency: Provided 20 further, That the annual report shall include a de- 21 tailed description of how funds appropriated by this 22 Act are being used to improve fiscal transparency, 23 and identify benchmarks for measuring progress. 24 (4) ASSISTANCE.—Funds appropriated under 25 title III of this Act shall be made available for pro- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1264 1 grams and activities to assist governments identified 2 pursuant to paragraph (1) to improve budget trans- 3 parency and to support civil society organizations in 4 such countries that promote budget transparency: 5 Provided, That such sums shall be in addition to 6 funds otherwise made available for such purposes: 7 Provided further, That a description of the uses of 8 such funds shall be included in the annual ‘‘Fiscal 9 Transparency Report’’ required by paragraph (3). 10 (c) ANTI-KLEPTOCRACY AND HUMAN RIGHTS.— 11 (1)(A) INELIGIBILITY.—Officials of foreign gov- 12 ernments and their immediate family members about 13 whom the Secretary of State has credible informa- 14 tion have been involved in significant corruption, in- 15 cluding corruption related to the extraction of nat- 16 ural resources, or a gross violation of human rights 17 shall be ineligible for entry into the United States. 18 (B) The Secretary may also publicly or pri- 19 vately designate or identify officials of foreign gov- 20 ernments and their immediate family members about 21 whom the Secretary has such credible information 22 without regard to whether the individual has applied 23 for a visa. 24 (2) EXCEPTION.—Individuals shall not be ineli- 25 gible if entry into the United States would further December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1265 1 important United States law enforcement objectives 2 or is necessary to permit the United States to fulfill 3 its obligations under the United Nations Head- 4 quarters Agreement: Provided, That nothing in 5 paragraph (1) shall be construed to derogate from 6 United States Government obligations under applica- 7 ble international agreements. 8 (3) WAIVER.—The Secretary may waive the ap- 9 plication of paragraph (1) if the Secretary deter- 10 mines that the waiver would serve a compelling na- 11 tional interest or that the circumstances which 12 caused the individual to be ineligible have changed 13 sufficiently. 14 (4) REPORT.—Not later than 6 months after 15 enactment of this Act, the Secretary of State shall 16 submit a report, including a classified annex if nec- 17 essary, to the Committees on Appropriations and the 18 Committees on the Judiciary describing the informa- 19 tion related to corruption or violation of human 20 rights concerning each of the individuals found ineli- 21 gible in the previous 12 months pursuant to para- 22 graph (1)(A) as well as the individuals who the Sec- 23 retary designated or identified pursuant to para- 24 graph (1)(B), or who would be ineligible but for the 25 application of paragraph (2), a list of any waivers December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1266 1 provided under paragraph (3), and the justification 2 for each waiver. 3 (5) POSTING OF REPORT.—Any unclassified 4 portion of the report required under paragraph (4) 5 shall be posted on the Department of State Web 6 site. 7 (6) CLARIFICATION.—For purposes of para- 8 graphs (1)(B), (4), and (5), the records of the De- 9 partment of State and of diplomatic and consular of- 10 fices of the United States pertaining to the issuance 11 or refusal of visas or permits to enter the United 12 States shall not be considered confidential. 13 (d) EXTRACTION OF NATURAL RESOURCES.— 14 (1) ASSISTANCE.—Funds appropriated by this 15 Act shall be made available to promote and support 16 transparency and accountability of expenditures and 17 revenues related to the extraction of natural re- 18 sources, including by strengthening implementation 19 and monitoring of the Extractive Industries Trans- 20 parency Initiative, implementing and enforcing sec- 21 tion 8204 of the Food, Conservation, and Energy 22 Act of 2008 (Public Law 110–246; 122 Stat. 2052) 23 and to prevent the sale of conflict diamonds, and 24 provide technical assistance to promote independent December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1267 1 audit mechanisms and support civil society partici- 2 pation in natural resource management. 3 (2) UNITED STATES POLICY.— 4 (A) The Secretary of the Treasury shall in- 5 form the management of the international fi- 6 nancial institutions, and post on the Depart- 7 ment of the Treasury Web site, that it is the 8 policy of the United States to vote against any 9 assistance by such institutions (including any 10 loan, credit, grant, or guarantee) to any coun- 11 try for the extraction and export of a natural 12 resource if the government of such country has 13 in place laws, regulations, or procedures to pre- 14 vent or limit the public disclosure of company 15 payments as required by United States law, and 16 unless such government has adopted laws, regu- 17 lations, or procedures in the sector in which as- 18 sistance is being considered for— 19 (i) accurately accounting for and pub- 20 lic disclosure of payments to the host gov- 21 ernment by companies involved in the ex- 22 traction and export of natural resources; 23 (ii) the independent auditing of ac- 24 counts receiving such payments and public December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1268 1 disclosure of the findings of such audits; 2 and 3 (iii) public disclosure of such docu- 4 ments as Host Government Agreements, 5 Concession Agreements, and bidding docu- 6 ments, allowing in any such dissemination 7 or disclosure for the redaction of, or excep- 8 tions for, information that is commercially 9 proprietary or that would create competi- 10 tive disadvantage. 11 (B) The requirements of subparagraph (A) 12 shall not apply to assistance for the purpose of 13 building the capacity of such government to 14 meet the requirements of this subparagraph. 15 (e) FOREIGN ASSISTANCE WEB SITE.—Funds appro- 16 priated by this Act under titles I and II, and funds made 17 available for any independent agency in title III, as appro18 priate, shall be made available to support the provision 19 of additional information on United States Government 20 foreign assistance on the Department of State foreign as21 sistance Web site: Provided, That all Federal agencies 22 funded under this Act shall provide such information on 23 foreign assistance, upon request, to the Department of 24 State. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1269 1 2 DEMOCRACY PROGRAMS SEC. 7032. (a) FUNDING.— 3 (1) Of the funds appropriated by this Act, not 4 less than $2,308,517,000 shall be made available for 5 democracy programs. 6 (2) Of the funds appropriated by this Act under 7 the heading ‘‘Economic Support Fund’’, not less 8 than $32,000,000 shall be made available for the 9 Near East Regional Democracy program. 10 (b) AUTHORITY.—Funds made available by this Act 11 for democracy programs may be made available notwith12 standing any other provision of law, and with regard to 13 the National Endowment for Democracy (NED), any reg14 ulation. 15 (c) DEFINITION OF DEMOCRACY PROGRAMS.—For 16 purposes of funds appropriated by this Act, the term ‘‘de17 mocracy programs’’ means programs that support good 18 governance, credible and competitive elections, freedom of 19 expression, association, assembly, and religion, human 20 rights, labor rights, independent media, and the rule of 21 law, and that otherwise strengthen the capacity of demo22 cratic political parties, governments, nongovernmental or23 ganizations and institutions, and citizens to support the 24 development of democratic states, and institutions that are 25 responsive and accountable to citizens. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1270 1 (d) PROGRAM PRIORITIZATION.—Funds made avail- 2 able pursuant to this section that are made available for 3 programs to strengthen government institutions shall be 4 prioritized for those institutions that demonstrate a com5 mitment to democracy and the rule of law, as determined 6 by the Secretary of State or the Administrator of the 7 United States Agency for International Development 8 (USAID), as appropriate. 9 (e) RESTRICTION ON PRIOR APPROVAL.—With re- 10 spect to the provision of assistance for democracy pro11 grams in this Act, the organizations implementing such 12 assistance, the specific nature of that assistance, and the 13 participants in such programs shall not be subject to the 14 prior approval by the government of any foreign country: 15 Provided, That the Secretary of State, in coordination 16 with the USAID Administrator, shall report to the Com17 mittees on Appropriations, not later than 120 days after 18 enactment of this Act, detailing steps taken by the Depart19 ment of State and USAID to comply with the require20 ments of this subsection. 21 22 (f) PROGRAM DESIGN AND IMPLEMENTATION.— (1) CLARIFICATION OF USE.—Not later than 90 23 days after enactment of this Act, the Secretary of 24 State and USAID Administrator, following consulta- 25 tion with democracy program implementing part- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1271 1 ners, shall each establish guidelines for clarifying 2 program design and objectives for democracy pro- 3 grams, including the uses of contracts versus grants 4 and cooperative agreements in the conduct of democ- 5 racy programs carried out with funds appropriated 6 by this Act: Provided, That such guidelines, which 7 shall be made available to all relevant agency per- 8 sonnel, shall be in accordance with— 9 (A) the Quadrennial Diplomacy and Devel- 10 opment Review, 2015, regarding the objectives 11 of promoting resilient, open, and democratic so- 12 cieties; 13 (B) the ADVANCE Democracy Act of 14 2007 (title XXI of Public Law 110–53; 22 15 U.S.C. 8201 et seq.), including the foreign pol- 16 icy objectives contained therein; and 17 (C) sections 6303 through 6305 of title 31, 18 United States Code, regarding the selection of 19 contracts and assistance instruments. 20 (2) CONTINUATION OF CURRENT PRACTICES.— 21 USAID shall continue to implement civil society and 22 political competition and consensus building pro- 23 grams abroad with funds appropriated by this Act in 24 a manner that recognizes the unique benefits of 25 grants and cooperative agreements in implementing December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1272 1 such programs: Provided, That nothing in this para- 2 graph shall be construed to affect the ability of any 3 entity, including United States small businesses, 4 from competing for proposals for USAID-funded 5 civil society and political competition and consensus 6 building programs. 7 (3) REPORT.—Not later than September 30, 8 2017, the Secretary of State and USAID Adminis- 9 trator shall each submit to the Committees on Ap- 10 propriations a report detailing the use of contracts, 11 grants, and cooperative agreements in the conduct of 12 democracy programs with funds made available by 13 the Department of State, Foreign Operations, and 14 Related Programs Act, 2015 (division J of Public 15 Law 113–235), which shall include funding level, ac- 16 count, program sector and subsector, and a brief 17 summary of purpose. 18 (g) STRATEGIC REVIEWS AND REPORT.— 19 (1) COUNTRY STRATEGIES.—Prior to the obli- 20 gation of funds made available by this Act for De- 21 partment of State and USAID democracy programs 22 for a nondemocratic or democratic transitioning 23 country for which a country strategy has been con- 24 cluded after the date of enactment of this Act, as re- 25 quired by section 2111(c)(1) of the ADVANCE De- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1273 1 mocracy Act of 2007 (title XXI of Public Law 110– 2 53; 22 U.S.C. 8211) or similar provision of law or 3 regulation, the Under Secretary for Civilian Secu- 4 rity, Democracy and Human Rights, Department of 5 State, in consultation with the Assistant Secretary 6 for Democracy, Human Rights, and Labor, Depart- 7 ment of State, and the Assistant Administrator for 8 Democracy, Conflict, and Humanitarian Assistance, 9 USAID, shall review such strategy to ensure that it 10 includes— 11 (A) specific goals and objectives for such 12 program, including a specific plan and timeline 13 to measure impacts; 14 (B) an assessment of the risks associated 15 with the conduct of such program to intended 16 beneficiaries and implementers, including steps 17 to support and protect such individuals; and 18 (C) the funding requirements to initiate 19 and sustain such program in fiscal year 2016 20 and subsequent fiscal years, as appropriate: 21 Provided, That for the purposes of this paragraph, 22 the term ‘‘nondemocratic or democratic transitioning 23 country’’ shall have the same meaning as in section 24 2104(6) of Public Law 110–53. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1274 1 (2) REPORT.—Not later than September 30, 2 2016, the Secretary of State, in consultation with 3 the USAID Administrator, shall submit a report, in- 4 cluding a classified annex if necessary, to the appro- 5 priate congressional committees detailing the meth- 6 odology and guidelines established and implemented 7 by the Department of State and USAID, respec- 8 tively, to carry out the requirements of this sub- 9 section: Provided, That such report shall also include 10 an analysis of the political and social conditions in 11 a nondemocratic or democratic transitioning country 12 that are a prerequisite for the conduct of democracy 13 programs. 14 (h) CONSULTATION 15 AND COMMUNICATION REQUIRE- MENTS.— 16 (1) COUNTRY ALLOCATIONS.—The Deputy Sec- 17 retary for Management and Resources, Department 18 of State, shall consult with the Under Secretary for 19 Civilian Security, Democracy and Human Rights, 20 Department of State, and the Assistant Adminis- 21 trator for Democracy, Conflict, and Humanitarian 22 Assistance, USAID, on the proposed funding levels 23 for democracy programs by country in the report 24 submitted to Congress pursuant to section 653(a) of 25 the Foreign Assistance Act of 1961. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1275 1 (2) INFORMING THE NATIONAL ENDOWMENT 2 FOR DEMOCRACY.—The 3 mocracy, Human Rights, and Labor, Department of 4 State, and the Assistant Administrator for Democ- 5 racy, 6 USAID, shall regularly inform the National Endow- 7 ment for Democracy of democracy programs that 8 are planned and supported by funds made available 9 by this Act and prior Acts making appropriations 10 for the Department of State, foreign operations, and 11 related programs. 12 (3) REPORT Conflict, and Assistant Secretary for De- Humanitarian Assistance, ON PROGRAM CHANGES.—The Sec- 13 retary of State or the USAID Administrator, as ap- 14 propriate, shall report to the Committees on Appro- 15 priations within 30 days of a decision to significantly 16 change the objectives or the content of a democracy 17 program or to close such a program due to the in- 18 creasingly repressive nature of the host country gov- 19 ernment: Provided, That the report shall also include 20 a strategy for continuing support for democracy pro- 21 motion, if such programming is feasible, and may be 22 submitted in classified form, if necessary. 23 INTERNATIONAL RELIGIOUS FREEDOM 24 25 SEC. 7033. (a) INTERNATIONAL RELIGIOUS FREEDOM December 16, 2015 (1:04 a.m.) OFFICE AND SPECIAL ENVOY TO PROMOTE RELI- U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1276 1 GIOUS FREEDOM.—Funds appropriated by this Act under 2 the heading ‘‘Diplomatic and Consular Programs’’ shall 3 be made available for the Office of the Ambassador-at4 Large for International Religious Freedom and the Spe5 cial Envoy to Promote Religious Freedom of Religious Mi6 norities in the Near East and South Central Asia, as au7 thorized in the Near East and South Central Asia Reli8 gious Freedom Act of 2014 (Public Law 113-161), and 9 including for support staff, at not less than the amounts 10 contained for such Office and Envoy in the table under 11 such heading in the explanatory statement described in 12 section 4 (in the matter preceding division A of this Con13 solidated Act). 14 15 (b) ASSISTANCE.— (1) INTERNATIONAL RELIGIOUS FREEDOM PRO- 16 GRAMS.—Of 17 under the heading ‘‘Democracy Fund’’ and available 18 for the Human Rights and Democracy Fund 19 (HRDF), not less than $10,000,000 shall be made 20 available for international religious freedom pro- 21 grams: Provided, That the Ambassador-at-Large for 22 International Religious Freedom shall consult with 23 the Committees on Appropriations on the uses of 24 such funds. December 16, 2015 (1:04 a.m.) the funds appropriated by this Act U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1277 1 (2) PROTECTION AND INVESTIGATION PRO- 2 GRAMS.—Funds 3 heading ‘‘Economic Support Fund’’ shall be made 4 available for programs to protect vulnerable and per- 5 secuted religious minorities: Provided, That a por- 6 tion of such funds shall be made available for pro- 7 grams to investigate the persecution of such minori- 8 ties by governments and non-state actors and for the 9 public dissemination of information collected on such 10 persecution, including on the Department of State 11 Web site. 12 appropriated by this Act under the (3) HUMANITARIAN PROGRAMS.—Funds appro- 13 priated by this Act under the headings ‘‘Inter- 14 national Disaster Assistance’’ and ‘‘Migration and 15 Refugee Assistance’’ shall be made available for hu- 16 manitarian assistance for vulnerable and persecuted 17 religious minorities. 18 (4) RESPONSIBILITY OF FUNDS.—Funds made 19 available by paragraphs (1) and (2) shall be the re- 20 sponsibility of the Ambassador-at-Large for Inter- 21 national Religious Freedom, in consultation with 22 other relevant United States Government officials. 23 (c) INTERNATIONAL BROADCASTING.—Funds appro- 24 priated by this Act under the heading ‘‘Broadcasting 25 Board of Governors, International Broadcasting Oper- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1278 1 ations’’ shall be made available for programs related to 2 international religious freedom, including reporting on the 3 condition of vulnerable and persecuted religious groups. 4 (d) ATROCITIES PREVENTION.—Not later than 90 5 days after enactment of this Act, the Secretary of State, 6 after consultation with the heads of other United States 7 Government agencies represented on the Atrocities Pre8 vention Board (APB) and representatives of human rights 9 organizations, as appropriate, shall submit to the appro10 priate congressional committees an evaluation of the per11 secution of, including attacks against, Christians and peo12 ple of other religions in the Middle East by violent Islamic 13 extremists and the Muslim Rohingya people in Burma by 14 violent Buddhist extremists, including whether either situ15 ation constitutes mass atrocities or genocide (as defined 16 in section 1091 of title 18, United States Code), and a 17 detailed description of any proposed atrocities prevention 18 response recommended by the APB: Provided, That such 19 evaluation and response may include a classified annex, 20 if necessary. 21 (e) DESIGNATION OF NON-STATE ACTORS.—The 22 President shall, concurrent with the annual foreign coun23 try review required by section 402(b)(1) of the Inter24 national Religious Freedom Act of 1998 (22 U.S.C. 25 6442(b)(1)), review and identify any non-state actors in December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1279 1 such countries that have engaged in particularly severe 2 violations of religious freedom, and designate, in a manner 3 consistent with such Act, each such group as a non-state 4 actor of particular concern for religious freedom operating 5 in such reviewed country or surrounding region: Provided, 6 That whenever the President designates such a non-state 7 actor under this subsection, the President shall, as soon 8 as practicable after the designation is made, submit a re9 port to the appropriate congressional committees detailing 10 the reasons for such designation. 11 (f) REPORT.—Not later than September 30, 2016, 12 the Secretary of State, in consultation with the Chairman 13 of the Broadcasting Board of Governors and the Adminis14 trator of the United States Agency for International De15 velopment, shall submit a report, including a classified 16 annex if necessary, to the appropriate congressional com17 mittees detailing, by account, agency, and on a country18 by-country basis, funds made available by this Act and 19 prior Acts making appropriations for the Department of 20 State, foreign operations, and related programs for the 21 previous 2 fiscal years for international religious freedom 22 programs; protection and investigation programs regard23 ing vulnerable and persecuted religious minorities; human24 itarian and relief assistance for such minorities; and inter25 national broadcasting regarding religious freedom. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1280 1 SPECIAL PROVISIONS 2 3 SEC. 7034. (a) VICTIMS DREN, AND OF WAR, DISPLACED CHIL- DISPLACED BURMESE.—Funds appropriated 4 in titles III and VI of this Act that are made available 5 for victims of war, displaced children, displaced Burmese, 6 and to combat trafficking in persons and assist victims 7 of such trafficking, may be made available notwith8 standing any other provision of law. 9 10 (b) LAW ENFORCEMENT AND SECURITY.— (1) CHILD SOLDIERS.—Funds appropriated by 11 this Act should not be used to support any military 12 training or operations that include child soldiers. 13 (2) CROWD CONTROL ITEMS.—Funds appro- 14 priated by this Act should not be used for tear gas, 15 small arms, light weapons, ammunition, or other 16 items for crowd control purposes for foreign security 17 forces that use excessive force to repress peaceful ex- 18 pression, association, or assembly in countries un- 19 dergoing democratic transition. 20 (3) DISARMAMENT, DEMOBILIZATION, AND RE- 21 INTEGRATION.—Section 7034(d) of the Department 22 of State, Foreign Operations, and Related Programs 23 Appropriations Act, 2015 (division J of Public Law 24 113–235) shall continue in effect during fiscal year 25 2016 as if part of this Act. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1281 1 (4) FORENSIC ASSISTANCE.— 2 (A) Of the funds appropriated by this Act 3 under the heading ‘‘Economic Support Fund’’, 4 not less than $4,000,000 shall be made avail- 5 able for forensic anthropology assistance related 6 to the exhumation of mass graves and the iden- 7 tification of victims of war crimes and crimes 8 against humanity, of which not less than 9 $3,000,000 should be made available for such 10 assistance in Guatemala, Peru, Colombia, Iraq, 11 and Sri Lanka, which shall be administered by 12 the Assistant Secretary for Democracy, Human 13 Rights, and Labor, Department of State. 14 (B) Of the funds appropriated by this Act 15 under the heading ‘‘International Narcotics 16 Control and Law Enforcement’’, not less than 17 $4,000,000 shall be made available for DNA fo- 18 rensic technology programs to combat human 19 trafficking in Central America. 20 (5) INTERNATIONAL PRISON CONDITIONS.— 21 Section 7065 of the Department of State, Foreign 22 Operations, and Related Programs Appropriations 23 Act, 2015 (division J of Public Law 113–235) shall 24 continue in effect during fiscal year 2016 as if part 25 of this Act. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1282 1 (6) RECONSTITUTING CIVILIAN POLICE AU- 2 THORITY.—In 3 propriated by this Act under section 660(b)(6) of 4 the Foreign Assistance Act of 1961, support for a 5 nation emerging from instability may be deemed to 6 mean support for regional, district, municipal, or 7 other sub-national entity emerging from instability, 8 as well as a nation emerging from instability. 9 providing assistance with funds ap- (7) SECURITY ASSISTANCE REPORT.—Not later 10 than 120 days after enactment of this Act, the Sec- 11 retary of State shall submit to the Committees on 12 Appropriations a report on funds obligated and ex- 13 pended during fiscal year 2015, by country and pur- 14 pose of assistance, under the headings ‘‘Peace- 15 keeping Operations’’, ‘‘International Military Edu- 16 cation and Training’’, and ‘‘Foreign Military Fi- 17 nancing Program’’. 18 (8) LEAHY VETTING REPORT.— 19 (A) Not later than 90 days after enact- 20 ment of this Act, the Secretary of State shall 21 submit a report to the appropriate congres- 22 sional committees on foreign assistance cases 23 submitted for vetting for purposes of section 24 620M of the Foreign Assistance Act of 1961 25 during the preceding fiscal year, including: December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1283 1 (i) the total number of cases sub- 2 mitted, approved, suspended, or rejected 3 for human rights reasons; and 4 (ii) for cases rejected, a description of 5 the steps taken to assist the foreign gov- 6 ernment in taking effective measures to 7 bring the responsible members of the secu- 8 rity forces to justice, in accordance with 9 section 620M(c) of the Foreign Assistance 10 Act of 1961. 11 (B) The report required by this paragraph 12 shall be submitted in unclassified form, but may 13 be accompanied by a classified annex. 14 (9) ANNUAL FOREIGN MILITARY TRAINING RE- 15 PORT.—For 16 656 of the Foreign Assistance Act of 1961, the term 17 ‘‘military training provided to foreign military per- 18 sonnel by the Department of Defense and the De- 19 partment of State’’ shall be deemed to include all 20 military training provided by foreign governments 21 with funds appropriated to the Department of De- 22 fense or the Department of State, except for train- 23 ing provided by the government of a country des- 24 ignated by section 517(b) of such Act as a major 25 non-NATO ally. December 16, 2015 (1:04 a.m.) the purposes of implementing section U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1284 1 (c) WORLD FOOD PROGRAMME.—Funds managed by 2 the Bureau for Democracy, Conflict, and Humanitarian 3 Assistance, United States Agency for International Devel4 opment (USAID), from this or any other Act, may be 5 made available as a general contribution to the World 6 Food Programme, notwithstanding any other provision of 7 law. 8 9 (d) DIRECTIVES AND AUTHORITIES.— (1) RESEARCH AND TRAINING.—Funds appro- 10 priated by this Act under the heading ‘‘Assistance 11 for Europe, Eurasia and Central Asia’’ shall be 12 made available to carry out the Program for Re- 13 search and Training on Eastern Europe and the 14 Independent States of the Former Soviet Union as 15 authorized by the Soviet-Eastern European Research 16 and Training Act of 1983 (22 U.S.C. 4501 et seq.). 17 (2) GENOCIDE VICTIMS MEMORIAL SITES.— 18 Funds appropriated by this Act and prior Acts mak- 19 ing appropriations for the Department of State, for- 20 eign operations, and related programs under the 21 headings ‘‘Economic Support Fund’’ and ‘‘Assist- 22 ance for Europe, Eurasia and Central Asia’’ may be 23 made available as contributions to establish and 24 maintain memorial sites of genocide, subject to the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1285 1 regular notification procedures of the Committees on 2 Appropriations. 3 (3) ADDITIONAL AUTHORITIES.—Of the 4 amounts made available by title I of this Act under 5 the heading ‘‘Diplomatic and Consular Programs’’, 6 up to $500,000 may be made available for grants 7 pursuant to section 504 of Public Law 95–426 (22 8 U.S.C. 2656d), including to facilitate collaboration 9 with indigenous communities. 10 (4) EXTENSION OF LEGAL PROTECTION.—No 11 conviction issued by the Cairo Criminal Court on 12 June 4, 2013, in ‘‘Public Prosecution Case No. 1110 13 for the Year 2012’’, against a citizen or national of 14 the United States or an alien lawfully admitted for 15 permanent residence in the United States, shall be 16 considered a conviction for the purposes of United 17 States law or for any activity undertaken within the 18 jurisdiction of the United States during fiscal year 19 2016 and any fiscal year thereafter. 20 (5) MODIFICATION OF LIFE INSURANCE SUP- 21 PLEMENTAL APPLICABLE TO THOSE KILLED IN TER- 22 RORIST ATTACKS.— 23 (A) Section 415(a)(1) of the Foreign Serv- 24 ice Act of 1980 (22 U.S.C. 3975(a)(1)) is 25 amended by striking ‘‘a payment from the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1286 1 United States in an amount that, when added 2 to the amount of the employee’s employer-pro- 3 vided group life insurance policy coverage (if 4 any), equals $400,000’’ and inserting ‘‘a special 5 payment of $400,000, which shall be in addi- 6 tion to any employer provided life insurance 7 policy coverage’’. 8 (B) The insurance benefit under section 9 415 of the Foreign Service Act of 1980 (22 10 U.S.C. 3975), as amended by subparagraph 11 (A), shall be applicable to eligible employees 12 who die as a result of injuries sustained while 13 on duty abroad because of an act of terrorism, 14 as defined in section 140(d) of the Foreign Re- 15 lations Authorization Act, Fiscal Years 1998 16 and 1999 (22 U.S.C. 2656f(d)), anytime on or 17 after April 18, 1983. 18 (6) AUTHORITY.—The Administrator of the 19 United States Agency for International Development 20 may use funds appropriated by this Act under title 21 III to make innovation incentive awards: Provided, 22 That 23 $100,000: Provided further, That no more than 10 24 such awards may be made during fiscal year 2016: 25 Provided further, That for purposes of this para- December 16, 2015 (1:04 a.m.) each individual award may not exceed U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1287 1 graph the term ‘‘innovation incentive award’’ means 2 the provision of funding on a competitive basis 3 that— 4 (A) encourages and rewards the develop- 5 ment of solutions for a particular, well-defined 6 problem related to the alleviation of poverty; or 7 (B) helps identify and promote a broad 8 range of ideas and practices facilitating further 9 development of an idea or practice by third par- 10 11 ties. (e) PARTNER VETTING.—Funds appropriated by this 12 Act or in titles I through IV of prior Acts making appro13 priations for the Department of State, foreign operations, 14 and related programs shall be used by the Secretary of 15 State and the USAID Administrator, as appropriate, to 16 support the continued implementation of the Partner Vet17 ting System (PVS) pilot program: Provided, That the Sec18 retary of State and the USAID Administrator shall inform 19 the Committees on Appropriations, at least 30 days prior 20 to completion of the pilot program, on the criteria for eval21 uating such program, including for possible expansion: 22 Provided further, That not later than 180 days after com23 pletion of the pilot program, the Secretary and USAID 24 Administrator shall jointly submit a report to the Commit25 tees on Appropriations, in classified form if necessary, de- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1288 1 tailing the findings, conclusions, and any recommenda2 tions for expansion of such program: Provided further, 3 That not less than 30 days prior to the implementation 4 of any recommendations for expanding the PVS pilot pro5 gram the Secretary of State and USAID Administrator 6 shall consult with the Committees on Appropriations and 7 with representatives of agency implementing partners on 8 the findings, conclusions, and recommendations in such 9 report, as appropriate. 10 (f) CONTINGENCIES.—During fiscal year 2016, the 11 President may use up to $125,000,000 under the author12 ity of section 451 of the Foreign Assistance Act of 1961, 13 notwithstanding any other provision of law. 14 (g) INTERNATIONAL CHILD ABDUCTIONS.—The Sec- 15 retary of State should withhold funds appropriated under 16 title III of this Act for assistance for the central govern17 ment of any country that is not taking appropriate steps 18 to comply with the Convention on the Civil Aspects of 19 International Child Abductions, done at the Hague on Oc20 tober 25, 1980: Provided, That the Secretary shall report 21 to the Committees on Appropriations within 15 days of 22 withholding funds under this subsection. 23 (h) REPORT REPEALED.—Section 616(c) of the De- 24 partments of Commerce, Justice, and State, the Judiciary, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1289 1 and Related Agencies Appropriations Act, 1999 (division 2 A of Public Law 105–277) is hereby repealed. 3 4 (i) TRANSFERS TION.—The FOR EXTRAORDINARY PROTEC- Secretary of State may transfer to, and merge 5 with, funds under the heading ‘‘Protection of Foreign Mis6 sions and Officials’’ unobligated balances of expired funds 7 appropriated under the heading ‘‘Diplomatic and Consular 8 Programs’’ for fiscal year 2016, except for funds des9 ignated for Overseas Contingency Operations/Global War 10 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 11 Balanced Budget and Emergency Deficit Control Act of 12 1985, at no later than the end of the fifth fiscal year after 13 the last fiscal year for which such funds are available for 14 the purposes for which appropriated: Provided, That not 15 more than $50,000,000 may be transferred. 16 (j) PROTECTIONS 17 OF 18 ZATIONS.—Section AND DIPLOMATIC MISSIONS REMEDIES FOR EMPLOYEES AND INTERNATIONAL ORGANI- 7034(k) of the Department of State, 19 Foreign Operations, and Related Programs Appropria20 tions Act, 2015 (division J of Public Law 113–235) shall 21 continue in effect during fiscal year 2016 as if part of 22 this Act. 23 24 25 December 16, 2015 (1:04 a.m.) (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)) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1290 1 shall be applied by substituting ‘‘September 30, 2 2016’’ for ‘‘September 30, 2010’’. 3 (2) ACCOUNTABILITY REVIEW BOARDS.—The 4 authority provided by section 301(a)(3) of the Omni- 5 bus Diplomatic Security and Antiterrorism Act of 6 1986 (22 U.S.C. 4831(a)(3)) shall remain in effect 7 for facilities in Afghanistan through September 30, 8 2016, except that the notification and reporting re- 9 quirements contained in such section shall include 10 11 the Committees on Appropriations. (3) INCENTIVES FOR CRITICAL POSTS.—The 12 authority contained in section 1115(d) of the Sup- 13 plemental Appropriations Act, 2009 (Public Law 14 111–32) shall remain in effect through September 15 30, 2016. 16 (4) FOREIGN SERVICE OFFICER ANNUITANT 17 WAIVER.—Section 18 of 1980 (22 U.S.C. 4064(g)) shall be applied by 19 substituting ‘‘September 30, 2016’’ for ‘‘October 1, 20 2010’’ in paragraph (2). 824(g) of the Foreign Service Act 21 (5) DEPARTMENT 22 NUITANT WAIVER.—Section 23 partment Basic Authorities Act of 1956 (22 U.S.C. 24 2733(a)) shall be applied by substituting ‘‘Sep- December 16, 2015 (1:04 a.m.) OF STATE CIVIL SERVICE AN- 61(a) of the State De- U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1291 1 tember 30, 2016’’ for ‘‘October 1, 2010’’ in para- 2 graph (2). 3 (6) USAID CIVIL SERVICE ANNUITANT WAIV- 4 ER.—Section 5 Act of 1961 (22 U.S.C. 2385(j)(1)) shall be applied 6 by substituting ‘‘September 30, 2016’’ for ‘‘October 7 1, 2010’’ in subparagraph (B). 8 9 625(j)(1) of the Foreign Assistance (7) OVERSEAS PAY COMPARABILITY AND LIMI- TATION.— 10 (A) Subject to the limitation described in 11 subparagraph (B), the authority provided by 12 section 1113 of the Supplemental Appropria- 13 tions Act, 2009 (Public Law 111–32; 123 Stat. 14 1904) shall remain in effect through September 15 30, 2016. 16 (B) The authority described in subpara- 17 graph (A) may not be used to pay an eligible 18 member of the Foreign Service (as defined in 19 section 1113(b) of the Supplemental Appropria- 20 tions Act, 2009) a locality-based comparability 21 payment (stated as a percentage) that exceeds 22 two-thirds of the amount of the locality-based 23 comparability payment (stated as a percentage) 24 that would be payable to such member under 25 section 5304 of title 5, United States Code, if December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1292 1 such member’s official duty station were in the 2 District of Columbia. 3 (8) CATEGORICAL ELIGIBILITY.—The Foreign 4 Operations, Export Financing, and Related Pro- 5 grams Appropriations Act, 1990 (Public Law 101– 6 167) is amended— 7 8 (A) in section 599D (8 U.S.C. 1157 note)— 9 (i) in subsection (b)(3), by striking 10 ‘‘and 2015’’ and inserting ‘‘2015, and 11 2016’’; and 12 (ii) in subsection (e), by striking 13 ‘‘2015’’ each place it appears and inserting 14 ‘‘2016’’; and 15 (B) in section 599E (8 U.S.C. 1255 note) 16 in subsection (b)(2), by striking ‘‘2015’’ and in- 17 serting ‘‘2016’’. 18 (9) INSPECTOR GENERAL ANNUITANT WAIV- 19 ER.—The 20 the Supplemental Appropriations Act, 2010 (Public 21 Law 111–212) shall remain in effect through Sep- 22 tember 30, 2016. 23 authorities provided in section 1015(b) of (10) EXTENSION OF LOAN GUARANTEES TO 24 ISRAEL.—Chapter 25 Wartime Supplemental Appropriations Act, 2003 December 16, 2015 (1:04 a.m.) 5 of title I of the Emergency U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1293 1 (Public Law 108–11; 117 Stat. 576) is amended 2 under the heading ‘‘Loan Guarantees to Israel’’— 3 (A) in the matter preceding the first pro- 4 viso, by striking ‘‘September 30, 2015’’ and in- 5 serting ‘‘September 30, 2019’’; and 6 (B) in the second proviso, by striking 7 ‘‘September 30, 2015’’ and inserting ‘‘Sep- 8 tember 30, 2019’’. 9 (11) EXTENSION 10 OF WAR RESERVES STOCKPILE AUTHORITY.— 11 (A) Section 12001(d) of the Department of 12 Defense Appropriations Act, 2005 (Public Law 13 108–287; 118 Stat. 1011) is amended by strik- 14 ing ‘‘more than 11 years after the date of en- 15 actment of this Act’’ and inserting ‘‘after Sep- 16 tember 30, 2017’’. 17 (B) Section 514(b)(2)(A) of the Foreign 18 Assistance 19 2321h(b)(2)(A)) is amended by striking ‘‘and 20 2015’’ and inserting ‘‘2015, 2016, and 2017’’. 21 (12) UNITED Act of 1961 (22 U.S.C. STATES ADVISORY COMMISSION 22 ON PUBLIC DIPLOMACY.—Section 23 eign Affairs Reform and Restructuring Act of 1998 24 (22 U.S.C. 6553) shall be applied by substituting 25 ‘‘September 30, 2016’’ for ‘‘October 1, 2015’’. December 16, 2015 (1:04 a.m.) 1334 of the For- U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1294 1 (l) DEPARTMENT OF STATE WORKING CAPITAL 2 FUND.—Funds appropriated by this Act or otherwise 3 made available to the Department of State for payments 4 to the Working Capital Fund may only be used for the 5 service centers included in Appendix 1 of the Congres6 sional Budget Justification, Department of State, Diplo7 matic Engagement, Fiscal Year 2016: Provided, That the 8 amounts for such service centers shall be the amounts in9 cluded in such budget except as provided in section 10 7015(b) of this Act: Provided further, That Federal agency 11 components shall be charged only for their direct usage 12 of each Working Capital Fund service: Provided further, 13 That Federal agency components may only pay for Work14 ing Capital Fund services that are consistent with the 15 component’s purpose and authorities: Provided further, 16 That the Working Capital Fund shall be paid in advance 17 or reimbursed at rates which will return the full cost of 18 each service. 19 (m) HUMANITARIAN ASSISTANCE.—Funds appro- 20 priated by this Act that are available for monitoring and 21 evaluation of assistance under the headings ‘‘International 22 Disaster Assistance’’ and ‘‘Migration and Refugee Assist23 ance’’ shall, as appropriate, be made available for the reg24 ular collection of feedback obtained directly from bene25 ficiaries on the quality and relevance of such assistance: December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1295 1 Provided, That the Department of State and USAID shall 2 conduct regular oversight to ensure that such feedback is 3 collected and used by implementing partners to maximize 4 the cost-effectiveness and utility of such assistance, and 5 require such partners that receive funds under such head6 ings to establish procedures for collecting and responding 7 to such feedback. 8 (n) HIV/AIDS WORKING CAPITAL FUND.—Funds 9 available in the HIV/AIDS Working Capital Fund estab10 lished pursuant to section 525(b)(1) of the Foreign Oper11 ations, Export Financing, and Related Programs Appro12 priations Act, 2005 (Public Law 108–477) may be made 13 available for pharmaceuticals and other products for child 14 survival, malaria, and tuberculosis to the same extent as 15 HIV/AIDS pharmaceuticals and other products, subject to 16 the terms and conditions in such section: Provided, That 17 the authority in section 525(b)(5) of the Foreign Oper18 ations, Export Financing, and Related Programs Appro19 priations Act, 2005 (Public Law 108–477) shall be exer20 cised by the Assistant Administrator for Global Health, 21 USAID, with respect to funds deposited for such non22 HIV/AIDS pharmaceuticals and other products, and shall 23 be subject to the regular notification procedures of the 24 Committees on Appropriations: Provided further, That the 25 Secretary of State shall include in the congressional budg- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1296 1 et justification an accounting of budgetary resources, dis2 bursements, balances, and reimbursements related to such 3 fund. 4 5 (o) LOAN GUARANTEES (1) LOAN AND ENTERPRISE FUNDS.— GUARANTEES.—Funds appropriated 6 under the headings ‘‘Economic Support Fund’’ and 7 ‘‘Assistance for Europe, Eurasia and Central Asia’’ 8 by this Act and prior Acts making appropriations 9 for the Department of State, foreign operations, and 10 related programs may be made available for the 11 costs, as defined in section 502 of the Congressional 12 Budget Act of 1974, of loan guarantees for Jordan, 13 Ukraine, and Tunisia, which are authorized to be 14 provided: Provided, That amounts made available 15 under this paragraph for the costs of such guaran- 16 tees shall not be considered assistance for the pur- 17 poses of provisions of law limiting assistance to a 18 country. 19 (2) ENTERPRISE FUNDS.—Funds appropriated 20 under the heading ‘‘Economic Support Fund’’ in 21 this Act may be made available to establish and op- 22 erate one or more enterprise funds for Egypt and 23 Tunisia: Provided, That the first, third and fifth 24 provisos under section 7041(b) of the Department of 25 State, Foreign Operations, and Related Programs December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1297 1 Appropriations Act, 2012 (division I of Public Law 2 112–74) shall apply to funds appropriated by this 3 Act under the heading ‘‘Economic Support Fund’’ 4 for an enterprise fund or funds to the same extent 5 and in the same manner as such provision of law ap- 6 plied to funds made available under such section (ex- 7 cept that the clause excluding subsection (d)(3) of 8 section 201 of the SEED Act shall not apply): Pro- 9 vided further, That in addition to the previous pro- 10 viso, the authorities in the matter preceding the first 11 proviso of such section may apply to any such enter- 12 prise fund or funds: Provided further, That the au- 13 thority of any such enterprise fund or funds to pro- 14 vide assistance shall cease to be effective on Decem- 15 ber 31, 2026. 16 (3) CONSULTATION AND NOTIFICATION.— 17 Funds made available by this subsection shall be 18 subject to prior consultation with the appropriate 19 congressional committees, and subject to the regular 20 notification procedures of the Committees on Appro- 21 priations. 22 (p) ASSESSMENT OF INDIRECT COSTS.—Not later 23 than 90 days after enactment of this Act and following 24 consultation with the Committees on Appropriations, the 25 Secretary of State and the Administrator of the United December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1298 1 States Agency for International Development (USAID) 2 shall submit to such Committees an assessment of the ef3 fectiveness of current policies and procedures in ensuring 4 that payments for indirect costs, including for negotiated 5 indirect cost rate agreements (NICRA), are reasonable 6 and comply with the Federal Acquisition Regulations 7 (FAR), as applicable, and title 2, part 200 of the Code 8 of Federal Regulations (CFR); an assessment of potential 9 benefits of setting a cap on such indirect costs to ensure 10 the cost-effective use of appropriated funds; a plan to re11 vise such policies and procedures to strengthen compliance 12 with the FAR and CFR and ensure that indirect costs 13 are reasonable; and a timeline for implementing such plan. 14 (q) SMALL GRANTS AND ENTITIES.— 15 (1) Of the funds appropriated by this Act under 16 the headings ‘‘Development Assistance’’ and ‘‘Eco- 17 nomic Support Fund’’, not less than $45,000,000 18 shall be made available for the Small Grants Pro- 19 gram pursuant to section 7080 of the Department of 20 State, Foreign Operations, and Related Programs 21 Appropriations Act, 2015 (division J of Public Law 22 113–235), as amended by this Act, which may re- 23 main available until September 30, 2020. 24 (2) Not later than 45 days after enactment of 25 this Act, the Administrator of the United States December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1299 1 Agency for International Development (USAID) 2 shall post on the USAID Web site detailed informa- 3 tion describing the process by which small non- 4 governmental organizations, educational institutions, 5 and other small entities seeking funding from 6 USAID for unsolicited proposals through grants, co- 7 operative agreements, and other assistance mecha- 8 nisms and agreements, can apply for such funding: 9 Provided, That the USAID Administrator should en- 10 sure that each bureau, office, and overseas mission 11 has authority to approve, and sufficient funds to im- 12 plement, such grants or other agreements that meet 13 appropriate criteria for unsolicited proposals. 14 15 (3) Section 7080 of Public Law 113–235 is amended as follows: 16 17 (A) in subsections (b) and (c), strike ‘‘Grants’’, and insert ‘‘Awards’’; 18 19 (B) in subsection (c)(1), delete ‘‘or’’ after ‘‘proposals;’’; 20 21 (C) in subsection (c)(2) delete the period after ‘‘process’’, and insert ‘‘; or’’; 22 (D) after subsection (c)(2), insert ‘‘(3) as 23 otherwise allowable under Federal Acquisition 24 Regulations and USAID procurement policies.’’; 25 and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1300 1 (E) in subsection (e)(3), strike ‘‘12’’, and 2 insert ‘‘20’’, and strike ‘‘administrative and 3 oversight expenses associated with managing’’ 4 and insert ‘‘administrative expenses, and other 5 necessary support associated with managing 6 and strengthening’’. 7 (4) For the purposes of section 7080 of Public 8 Law 113–235, ‘‘eligible entities’’ shall be defined as 9 small local, international, and United States-based 10 nongovernmental organizations, educational institu- 11 tions, and other small entities that have received less 12 than a total of $5,000,000 in USAID funding over 13 the previous five years: Provided, That departments 14 or centers of such educational institutions may be 15 considered individually in determining such eligi- 16 bility. 17 (r) DEFINITIONS.— 18 (1) Unless otherwise defined in this Act, for 19 purposes of this Act the term ‘‘appropriate congres- 20 sional committees’’ shall mean the Committees on 21 Appropriations and Foreign Relations of the Senate 22 and the Committees on Appropriations and Foreign 23 Affairs of the House of Representatives. 24 (2) Unless otherwise defined in this Act, for 25 purposes of this Act the term ‘‘funds appropriated December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1301 1 in this Act and prior Acts making appropriations for 2 the Department of State, foreign operations, and re- 3 lated programs’’ shall mean funds that remain avail- 4 able for obligation, and have not expired. 5 (3) For the purposes of this Act ‘‘international 6 financial institutions’’ shall mean the International 7 Bank for Reconstruction and Development, the 8 International Development Association, the Inter- 9 national Finance Corporation, the Inter-American 10 Development Bank, the International Monetary 11 Fund, the Asian Development Bank, the Asian De- 12 velopment Fund, the Inter-American Investment 13 Corporation, the North American Development 14 Bank, the European Bank for Reconstruction and 15 Development, the African Development Bank, the 16 African Development Fund, and the Multilateral In- 17 vestment Guarantee Agency. 18 (4) Any reference to Southern Kordofan in this 19 or any other Act making appropriations for the De- 20 partment of State, foreign operations, and related 21 programs shall be deemed to include portions of 22 Western Kordofan that were previously part of 23 Southern Kordofan prior to the 2013 division of 24 Southern Kordofan. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1302 1 ARAB LEAGUE BOYCOTT OF ISRAEL 2 SEC. 7035. It is the sense of the Congress that— 3 (1) the Arab League boycott of Israel, and the 4 secondary boycott of American firms that have com- 5 mercial ties with Israel, is an impediment to peace 6 in the region and to United States investment and 7 trade in the Middle East and North Africa; 8 (2) the Arab League boycott, which was regret- 9 tably reinstated in 1997, should be immediately and 10 publicly terminated, and the Central Office for the 11 Boycott of Israel immediately disbanded; 12 13 (3) all Arab League states should normalize relations with their neighbor Israel; 14 (4) the President and the Secretary of State 15 should continue to vigorously oppose the Arab 16 League boycott of Israel and find concrete steps to 17 demonstrate that opposition by, for example, taking 18 into consideration the participation of any recipient 19 country in the boycott when determining to sell 20 weapons to said country; and 21 (5) the President should report to Congress an- 22 nually on specific steps being taken by the United 23 States to encourage Arab League states to normalize 24 their relations with Israel to bring about the termi- 25 nation of the Arab League boycott of Israel, includ- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1303 1 ing those to encourage allies and trading partners of 2 the United States to enact laws prohibiting busi- 3 nesses from complying with the boycott and penal- 4 izing businesses that do comply. 5 6 PALESTINIAN STATEHOOD SEC. 7036. (a) LIMITATION ON ASSISTANCE.—None 7 of the funds appropriated under titles III through VI of 8 this Act may be provided to support a Palestinian state 9 unless the Secretary of State determines and certifies to 10 the appropriate congressional committees that— 11 12 (1) the governing entity of a new Palestinian state— 13 (A) has demonstrated a firm commitment 14 to peaceful co-existence with the State of Israel; 15 and 16 (B) is taking appropriate measures to 17 counter terrorism and terrorist financing in the 18 West Bank and Gaza, including the dismantling 19 of terrorist infrastructures, and is cooperating 20 with appropriate Israeli and other appropriate 21 security organizations; and 22 (2) the Palestinian Authority (or the governing 23 entity of a new Palestinian state) is working with 24 other countries in the region to vigorously pursue ef- 25 forts to establish a just, lasting, and comprehensive December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1304 1 peace in the Middle East that will enable Israel and 2 an independent Palestinian state to exist within the 3 context of full and normal relationships, which 4 should include— 5 6 (A) termination of all claims or states of belligerency; 7 (B) respect for and acknowledgment of the 8 sovereignty, territorial integrity, and political 9 independence of every state in the area through 10 measures including the establishment of demili- 11 tarized zones; 12 (C) their right to live in peace within se- 13 cure and recognized boundaries free from 14 threats or acts of force; 15 16 17 18 19 (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 Con- 20 gress that the governing entity should enact a constitution 21 assuring the rule of law, an independent judiciary, and 22 respect for human rights for its citizens, and should enact 23 other laws and regulations assuring transparent and ac24 countable governance. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1305 1 (c) WAIVER.—The President may waive subsection 2 (a) if the President determines that it is important to the 3 national security interest of the United States to do so. 4 (d) EXEMPTION.—The restriction in subsection (a) 5 shall not apply to assistance intended to help reform the 6 Palestinian Authority and affiliated institutions, or the 7 governing entity, in order to help meet the requirements 8 of subsection (a), consistent with the provisions of section 9 7040 of this Act (‘‘Limitation on Assistance for the Pales10 tinian Authority’’). 11 RESTRICTIONS CONCERNING THE PALESTINIAN 12 AUTHORITY 13 SEC. 7037. None of the funds appropriated under ti- 14 tles II through VI of this Act may be obligated or ex15 pended to create in any part of Jerusalem a new office 16 of any department or agency of the United States Govern17 ment for the purpose of conducting official United States 18 Government business with the Palestinian Authority over 19 Gaza and Jericho or any successor Palestinian governing 20 entity provided for in the Israel-PLO Declaration of Prin21 ciples: Provided, That this restriction shall not apply to 22 the acquisition of additional space for the existing Con23 sulate General in Jerusalem: Provided further, That meet24 ings between officers and employees of the United States 25 and officials of the Palestinian Authority, or any successor December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1306 1 Palestinian governing entity provided for in the Israel2 PLO Declaration of Principles, for the purpose of con3 ducting official United States Government business with 4 such authority should continue to take place in locations 5 other than Jerusalem: Provided further, That as has been 6 true in the past, officers and employees of the United 7 States Government may continue to meet in Jerusalem on 8 other subjects with Palestinians (including those who now 9 occupy positions in the Palestinian Authority), have social 10 contacts, and have incidental discussions. 11 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN 12 BROADCASTING CORPORATION 13 SEC. 7038. None of the funds appropriated or other- 14 wise made available by this Act may be used to provide 15 equipment, technical support, consulting services, or any 16 other form of assistance to the Palestinian Broadcasting 17 Corporation. 18 19 ASSISTANCE FOR THE WEST BANK AND GAZA SEC. 7039. (a) OVERSIGHT.—For fiscal year 2016, 20 30 days prior to the initial obligation of funds for the bi21 lateral West Bank and Gaza Program, the Secretary of 22 State shall certify to the Committees on Appropriations 23 that procedures have been established to assure the Comp24 troller General of the United States will have access to 25 appropriate United States financial information in order December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1307 1 to review the uses of United States assistance for the Pro2 gram funded under the heading ‘‘Economic Support 3 Fund’’ for the West Bank and Gaza. 4 (b) VETTING.—Prior to the obligation of funds ap- 5 propriated by this Act under the heading ‘‘Economic Sup6 port Fund’’ for assistance for the West Bank and Gaza, 7 the Secretary of State shall take all appropriate steps to 8 ensure that such assistance is not provided to or through 9 any individual, private or government entity, or edu10 cational institution that the Secretary knows or has reason 11 to believe advocates, plans, sponsors, engages in, or has 12 engaged in, terrorist activity nor, with respect to private 13 entities or educational institutions, those that have as a 14 principal officer of the entity’s governing board or gov15 erning board of trustees any individual that has been de16 termined to be involved in, or advocating terrorist activity 17 or determined to be a member of a designated foreign ter18 rorist organization: Provided, That the Secretary of State 19 shall, as appropriate, establish procedures specifying the 20 steps to be taken in carrying out this subsection and shall 21 terminate assistance to any individual, entity, or edu22 cational institution which the Secretary has determined to 23 be involved in or advocating terrorist activity. 24 December 16, 2015 (1:04 a.m.) (c) PROHIBITION.— U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1308 1 (1) RECOGNITION OF ACTS OF TERRORISM.— 2 None of the funds appropriated under titles III 3 through VI of this Act for assistance under the West 4 Bank and Gaza Program may be made available for 5 the purpose of recognizing or otherwise honoring in- 6 dividuals who commit, or have committed acts of 7 terrorism. 8 9 (2) SECURITY ASSISTANCE AND REPORTING RE- QUIREMENT.—Notwithstanding any other provision 10 of law, none of the funds made available by this or 11 prior appropriations Acts, including funds made 12 available by transfer, may be made available for obli- 13 gation for security assistance for the West Bank and 14 Gaza until the Secretary of State reports to the 15 Committees on Appropriations on the benchmarks 16 that have been established for security assistance for 17 the West Bank and Gaza and reports on the extent 18 of Palestinian compliance with such benchmarks. 19 (d) AUDITS BY THE UNITED STATES AGENCY FOR 20 INTERNATIONAL DEVELOPMENT.— 21 (1) The Administrator of the United States 22 Agency for International Development shall ensure 23 that Federal or non-Federal audits of all contractors 24 and grantees, and significant subcontractors and 25 sub-grantees, under the West Bank and Gaza Pro- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1309 1 gram, are conducted at least on an annual basis to 2 ensure, among other things, compliance with this 3 section. 4 (2) Of the funds appropriated by this Act up to 5 $500,000 may be used by the Office of Inspector 6 General of the United States Agency for Inter- 7 national Development for audits, inspections, and 8 other activities in furtherance of the requirements of 9 this subsection: Provided, That such funds are in ad- 10 dition to funds otherwise available for such pur- 11 poses. 12 (e) COMPTROLLER GENERAL OF THE UNITED 13 STATES AUDIT.—Subsequent to the certification specified 14 in subsection (a), the Comptroller General of the United 15 States shall conduct an audit and an investigation of the 16 treatment, handling, and uses of all funds for the bilateral 17 West Bank and Gaza Program, including all funds pro18 vided as cash transfer assistance, in fiscal year 2016 19 under the heading ‘‘Economic Support Fund’’, and such 20 audit shall address— 21 (1) the extent to which such Program complies 22 with the requirements of subsections (b) and (c); 23 and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1310 1 (2) an examination of all programs, projects, 2 and activities carried out under such Program, in- 3 cluding both obligations and expenditures. 4 (f) NOTIFICATION PROCEDURES.—Funds made 5 available in this Act for West Bank and Gaza shall be 6 subject to the regular notification procedures of the Com7 mittees on Appropriations. 8 (g) REPORT.—Not later than 180 days after enact- 9 ment of this Act, the Secretary of State shall submit a 10 report to the Committees on Appropriations updating the 11 report contained in section 2106 of chapter 2 of title II 12 of the Emergency Supplemental Appropriations Act for 13 Defense, the Global War on Terror, and Tsunami Relief, 14 2005 (Public Law 109–13). 15 LIMITATION ON ASSISTANCE FOR THE PALESTINIAN 16 AUTHORITY 17 SEC. 7040. (a) PROHIBITION OF FUNDS.—None of 18 the funds appropriated by this Act to carry out the provi19 sions of chapter 4 of part II of the Foreign Assistance 20 Act of 1961 may be obligated or expended with respect 21 to providing funds to the Palestinian Authority. 22 (b) WAIVER.—The prohibition included in subsection 23 (a) shall not apply if the President certifies in writing to 24 the Speaker of the House of Representatives, the Presi25 dent pro tempore of the Senate, and the Committees on December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1311 1 Appropriations that waiving such prohibition is important 2 to the national security interest of the United States. 3 (c) PERIOD OF APPLICATION OF WAIVER.—Any 4 waiver pursuant to subsection (b) shall be effective for no 5 more than a period of 6 months at a time and shall not 6 apply beyond 12 months after the enactment of this Act. 7 (d) REPORT.—Whenever the waiver authority pursu- 8 ant to subsection (b) is exercised, the President shall sub9 mit a report to the Committees on Appropriations detail10 ing the justification for the waiver, the purposes for which 11 the funds will be spent, and the accounting procedures in 12 place to ensure that the funds are properly disbursed: Pro13 vided, That the report shall also detail the steps the Pales14 tinian Authority has taken to arrest terrorists, confiscate 15 weapons and dismantle the terrorist infrastructure. 16 (e) CERTIFICATION.—If the President exercises the 17 waiver authority under subsection (b), the Secretary of 18 State must certify and report to the Committees on Ap19 propriations prior to the obligation of funds that the Pal20 estinian Authority has established a single treasury ac21 count for all Palestinian Authority financing and all fi22 nancing mechanisms flow through this account, no parallel 23 financing mechanisms exist outside of the Palestinian Au24 thority treasury account, and there is a single comprehen25 sive civil service roster and payroll, and the Palestinian December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1312 1 Authority is acting to counter incitement of violence 2 against Israelis and is supporting activities aimed at pro3 moting peace, coexistence, and security cooperation with 4 Israel. 5 (f) PROHIBITION TO HAMAS AND THE PALESTINE 6 LIBERATION ORGANIZATION.— 7 (1) None of the funds appropriated in titles III 8 through VI of this Act may be obligated for salaries 9 of personnel of the Palestinian Authority located in 10 Gaza or may be obligated or expended for assistance 11 to Hamas or any entity effectively controlled by 12 Hamas, any power-sharing government of which 13 Hamas is a member, or that results from an agree- 14 ment with Hamas and over which Hamas exercises 15 undue influence. 16 (2) Notwithstanding the limitation of paragraph 17 (1), assistance may be provided to a power-sharing 18 government only if the President certifies and re- 19 ports to the Committees on Appropriations that such 20 government, including all of its ministers or such 21 equivalent, has publicly accepted and is complying 22 with the principles contained in section 620K(b)(1) 23 (A) and (B) of the Foreign Assistance Act of 1961, 24 as amended. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1313 1 (3) The President may exercise the authority in 2 section 620K(e) of the Foreign Assistance Act of 3 1961, as added by the Palestinian Anti-Terrorism 4 Act of 2006 (Public Law 109–446) with respect to 5 this subsection. 6 (4) Whenever the certification pursuant to 7 paragraph (2) is exercised, the Secretary of State 8 shall submit a report to the Committees on Appro- 9 priations within 120 days of the certification and 10 every quarter thereafter on whether such govern- 11 ment, including all of its ministers or such equiva- 12 lent are continuing to comply with the principles 13 contained in section 620K(b)(1) (A) and (B) of the 14 Foreign Assistance Act of 1961, as amended: Pro- 15 vided, That the report shall also detail the amount, 16 purposes and delivery mechanisms for any assistance 17 provided pursuant to the abovementioned certifi- 18 cation and a full accounting of any direct support of 19 such government. 20 (5) None of the funds appropriated under titles 21 III through VI of this Act may be obligated for as- 22 sistance for the Palestine Liberation Organization. 23 24 December 16, 2015 (1:04 a.m.) MIDDLE EAST AND NORTH AFRICA SEC. 7041. (a) EGYPT.— U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1314 1 (1) CERTIFICATION AND REPORT.—Funds ap- 2 propriated by this Act that are available for assist- 3 ance for Egypt may be made available notwith- 4 standing any other provision of law restricting as- 5 sistance for Egypt, except for this subsection and 6 section 620M of the Foreign Assistance Act of 1961, 7 and may only be made available for assistance for 8 the Government of Egypt if the Secretary of State 9 certifies and reports to the Committees on Appro- 10 11 12 13 priations that such government is— (A) sustaining the strategic relationship with the United States; and (B) meeting its obligations under the 1979 14 Egypt-Israel Peace Treaty. 15 (2) ECONOMIC SUPPORT FUND.— 16 (A) FUNDING.—Of the funds appropriated 17 by this Act under the heading ‘‘Economic Sup- 18 port Fund’’, up to $150,000,000 may be made 19 available for assistance for Egypt, of which not 20 less than $35,000,000 should be made available 21 for higher education programs including not 22 less than $10,000,000 for scholarships at not- 23 for-profit institutions for Egyptian students 24 with high financial need: Provided, That such 25 funds may be made available for democracy December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1315 1 programs and for development programs in the 2 Sinai: Provided further, That such funds may 3 not be made available for cash transfer assist- 4 ance or budget support unless the Secretary of 5 State certifies and reports to the appropriate 6 congressional committees that the Government 7 of Egypt is taking consistent and effective steps 8 to stabilize the economy and implement market- 9 based economic reforms. 10 (B) WITHHOLDING.—The Secretary of 11 State shall withhold from obligation funds ap- 12 propriated by this Act under the heading ‘‘Eco- 13 nomic Support Fund’’ for assistance for Egypt, 14 an amount of such funds that the Secretary de- 15 termines to be equivalent to that expended by 16 the United States Government for bail, and by 17 nongovernmental organizations for legal and 18 court fees, associated with democracy-related 19 trials in Egypt until the Secretary certifies and 20 reports to the Committees on Appropriations 21 that the Government of Egypt has dismissed 22 the convictions issued by the Cairo Criminal 23 Court on June 4, 2013, in ‘‘Public Prosecution 24 Case No. 1110 for the Year 2012’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1316 1 2 (3) FOREIGN MILITARY FINANCING PRO- GRAM.— 3 (A) CERTIFICATION.—Of the funds appro- 4 priated by this Act under the heading ‘‘Foreign 5 Military Financing Program’’, $1,300,000,000, 6 to remain available until September 30, 2017, 7 may be made available for assistance for Egypt: 8 Provided, That 15 percent of such funds shall 9 be withheld from obligation until the Secretary 10 of State certifies and reports to the Committees 11 on Appropriations that the Government of 12 Egypt is taking effective steps to— 13 (i) advance democracy and human 14 rights in Egypt, including to govern demo- 15 cratically and protect religious minorities 16 and the rights of women, which are in ad- 17 dition to steps taken during the previous 18 calendar year for such purposes; 19 (ii) implement reforms that protect 20 freedoms of expression, association, and 21 peaceful assembly, including the ability of 22 civil society organizations and the media to 23 function without interference; 24 (iii) release political prisoners and 25 provide detainees with due process of law; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1317 1 (iv) hold Egyptian security forces ac- 2 countable, including officers credibly al- 3 leged to have violated human rights; and 4 (v) provide regular access for United 5 States officials to monitor such assistance 6 in areas where the assistance is used: 7 Provided further, That such funds may be 8 transferred to an interest bearing account in 9 the Federal Reserve Bank of New York, fol- 10 lowing consultation with the Committees on Ap- 11 propriations: Provided further, That the certifi- 12 cation requirement of this paragraph shall not 13 apply to funds appropriated by this Act under 14 such heading for counterterrorism, border secu- 15 rity, and nonproliferation programs for Egypt. 16 (B) WAIVER.—The Secretary of State may 17 waive the certification requirement in subpara- 18 graph (A) if the Secretary determines and re- 19 ports to the Committees on Appropriations that 20 to do so is important to the national security 21 interest of the United States, and submits a re- 22 port to such Committees containing a detailed 23 justification for the use of such waiver and the 24 reasons why any of the requirements of sub- 25 paragraph (A) cannot be met. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1318 1 2 (4) OVERSIGHT AND CONSULTATION REQUIRE- MENTS.— 3 (A) The Secretary of State shall take all 4 practicable steps to ensure that mechanisms are 5 in place for monitoring, oversight, and control 6 of funds made available by this subsection for 7 assistance for Egypt. 8 (B) Not later than 90 days after enact- 9 ment of this Act, the Secretary shall consult 10 with the Committees on Appropriations on any 11 plan to restructure military assistance for 12 Egypt. 13 (b) IRAN.— 14 (1) FUNDING.—Funds appropriated by this Act 15 under the headings ‘‘Diplomatic and Consular Pro- 16 grams’’, ‘‘Economic Support Fund’’, and ‘‘Non- 17 proliferation, Anti-terrorism, Demining and Related 18 Programs’’ shall be used by the Secretary of State— 19 (A) to support the United States policy to 20 prevent Iran from achieving the capability to 21 produce or otherwise obtain a nuclear weapon; 22 (B) to support an expeditious response to 23 any violation of the Joint Comprehensive Plan 24 of Action or United Nations Security Council 25 Resolution 2231; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1319 1 (C) to support the implementation and en- 2 forcement of sanctions against Iran for support 3 of terrorism, human rights abuses, and ballistic 4 missile and weapons proliferation; and 5 (D) for democracy programs for Iran, to 6 be administered by the Assistant Secretary for 7 Near Eastern Affairs, Department of State, in 8 consultation with the Assistant Secretary for 9 Democracy, Human Rights, and Labor, Depart- 10 ment of State. 11 (2) CONTINUATION OF PROHIBITION.—The 12 terms and conditions of paragraph (2) of section 13 7041(c) in division I of Public Law 112–74 shall 14 continue in effect during fiscal year 2016 as if part 15 of this Act. 16 (3) REPORTS.— 17 (A) The Secretary of State shall submit to 18 the Committees on Appropriations the semi-an- 19 nual report required by section 2 of the Iran 20 Nuclear Agreement Review Act of 2015 (42 21 U.S.C. 2160e(d)(4)). 22 (B) Not later than 180 days after the date 23 of enactment of this Act, the Secretary of 24 State, in consultation with the Secretary of the 25 Treasury, shall submit to the appropriate con- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1320 1 gressional committees a report on the status of 2 the implementation and enforcement of bilateral 3 United 4 against Iran and actions taken by the United 5 States and the international community to en- 6 force such sanctions against Iran: Provided, 7 That the report shall also include any entities 8 involved in the testing of a ballistic missile by 9 the Government of Iran after October 1, 2015, 10 and note whether such entities are currently 11 under United States sanctions: Provided fur- 12 ther, That such report shall be submitted in an 13 unclassified form, but may contain a classified 14 annex if necessary. 15 States and multilateral sanctions (c) IRAQ.— 16 (1) PURPOSES.—Funds appropriated by this 17 Act shall be made available for assistance for Iraq 18 to promote governance, security, and internal and 19 regional stability, including in Kurdistan and other 20 areas impacted by the conflict in Syria, and among 21 religious and ethnic minority populations in Iraq. 22 (2) LIMITATION.—None of the funds appro- 23 priated by this Act may be made available for con- 24 struction, rehabilitation, or other improvements to 25 United States diplomatic facilities in Iraq on prop- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1321 1 erty for which no land-use agreement has been en- 2 tered into by the Governments of the United States 3 and Iraq: Provided, That the restrictions in this 4 paragraph shall not apply if such funds are nec- 5 essary to protect United States diplomatic facilities 6 or the security, health, and welfare of United States 7 personnel. 8 9 (3) KURDISTAN REGIONAL GOVERNMENTS SE- CURITY SERVICES.—Funds appropriated by this Act 10 under the headings ‘‘International Narcotics Control 11 and Law Enforcement’’ and ‘‘Foreign Military Fi- 12 nancing Program’’ that are available for assistance 13 for Iraq should be made available to enhance the ca- 14 pacity of Kurdistan Regional Government security 15 services and for security programs in Kurdistan to 16 address requirements arising from the violence in 17 Syria and Iraq: Provided, That the Secretary of 18 State shall consult with the Committees on Appro- 19 priations prior to obligating such funds. 20 (4) BASING RIGHTS AGREEMENT.—None of the 21 funds appropriated or otherwise made available by 22 this Act may be used by the Government of the 23 United States to enter into a permanent basing 24 rights agreement between the United States and 25 Iraq. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1322 1 2 (d) JORDAN.— (1) FUNDING LEVELS.—Of the funds appro- 3 priated by this Act under titles III and IV, not less 4 than $1,275,000,000 shall be made available for as- 5 sistance for Jordan, of which not less than 6 $204,000,000 shall be for budget support for the 7 Government of Jordan and $100,000,000 shall be 8 for water sector support: Provided, That such assist- 9 ance for water sector support shall be subject to 10 prior consultation with the Committees on Appro- 11 priations. 12 (2) RESPONSE TO THE SYRIAN CRISIS.—Funds 13 appropriated by this Act shall be made available for 14 programs to implement the Jordan Response Plan 15 2015 for the Syria Crisis, including assistance for 16 host communities in Jordan: Provided, That not 17 later than 180 days after enactment of this Act, the 18 Secretary of State shall submit a report to the Com- 19 mittees on Appropriations describing United States 20 and other donor contributions to such Plan. 21 (e) LEBANON.— 22 (1) LIMITATION.—None of the funds appro- 23 priated by this Act may be made available for the 24 Lebanese Internal Security Forces (ISF) or the Leb- 25 anese Armed Forces (LAF) if the ISF or the LAF December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1323 1 is controlled by a foreign terrorist organization, as 2 designated pursuant to section 219 of the Immigra- 3 tion and Nationality Act. 4 (2) CONSULTATION REQUIREMENT.—Funds ap- 5 propriated by this Act under the headings ‘‘Inter- 6 national Narcotics Control and Law Enforcement’’ 7 and ‘‘Foreign Military Financing Program’’ that are 8 available for assistance for Lebanon may be made 9 available for programs and equipment for the ISF 10 and the LAF to address security and stability re- 11 quirements in areas affected by the conflict in Syria, 12 following consultation with the appropriate congres- 13 sional committees. 14 (3) ECONOMIC SUPPORT FUND.—Funds appro- 15 priated by this Act under the heading ‘‘Economic 16 Support Fund’’ that are available for assistance for 17 Lebanon may be made available notwithstanding 18 section 1224 of the Foreign Relations Authorization 19 Act, Fiscal Year 2003 (Public Law 107–228; 22 20 U.S.C. 2346 note). 21 (4) FOREIGN MILITARY FINANCING PRO- 22 GRAM.—In 23 paragraph (2), funds appropriated by this Act under 24 the heading ‘‘Foreign Military Financing Program’’ 25 for assistance for Lebanon may be made available December 16, 2015 (1:04 a.m.) addition to the activities described in U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1324 1 only to professionalize the LAF and to strengthen 2 border security and combat terrorism, including 3 training and equipping the LAF to secure Lebanon’s 4 borders, interdicting arms shipments, preventing the 5 use of Lebanon as a safe haven for terrorist groups, 6 and to implement United Nations Security Council 7 Resolution 1701: Provided, That funds may not be 8 obligated for assistance for the LAF until the Sec- 9 retary of State submits to the Committees on Appro- 10 priations a detailed spend plan, including actions to 11 be taken to ensure equipment provided to the LAF 12 is only used for the intended purposes, except such 13 plan may not be considered as meeting the notifica- 14 tion requirements under section 7015 of this Act or 15 under section 634A of the Foreign Assistance Act of 16 1961, and shall be submitted not later than Sep- 17 tember 1, 2016: Provided further, That any notifica- 18 tion submitted pursuant to such sections shall in- 19 clude any funds specifically intended for lethal mili- 20 tary equipment. 21 (f) LIBYA.— 22 (1) FUNDING.—Of the funds appropriated by 23 titles III and IV of this Act, not less than 24 $20,000,000 shall be made available for assistance 25 for Libya for programs to strengthen governing in- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1325 1 stitutions and civil society, improve border security, 2 and promote democracy and stability in Libya, and 3 for activities to address the humanitarian needs of 4 the people of Libya. 5 6 (2) LIMITATIONS.— (A) COOPERATION ON THE SEPTEMBER 7 2012 ATTACK ON UNITED STATES PERSONNEL 8 AND FACILITIES.—None 9 priated by this Act may be made available for 10 assistance for the central Government of Libya 11 unless the Secretary of State reports to the 12 Committees on Appropriations that such gov- 13 ernment is cooperating with United States Gov- 14 ernment efforts to investigate and bring to jus- 15 tice those responsible for the attack on United 16 States personnel and facilities in Benghazi, 17 Libya in September 2012: Provided, That the 18 limitation in this paragraph shall not apply to 19 funds made available for the purpose of pro- 20 tecting United States Government personnel or 21 facilities. 22 (B) of the funds appro- INFRASTRUCTURE PROJECTS.—The 23 limitation on the uses of funds in section 24 7041(f)(2) of the Department of State, Foreign 25 Operations, and Related Programs Appropria- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1326 1 tions Act, 2014 (division K of Public Law 113– 2 76) shall apply to funds appropriated by this 3 Act that are made available for assistance for 4 Libya. 5 (3) CERTIFICATION REQUIREMENT.—Prior to 6 the initial obligation of funds made available by this 7 Act for assistance for Libya, the Secretary of State 8 shall certify and report to the Committees on Appro- 9 priations that all practicable steps have been taken 10 to ensure that mechanisms are in place for moni- 11 toring, oversight, and control of funds made avail- 12 able by this subsection for assistance for Libya, in- 13 cluding a description of the vetting procedures to be 14 used for recipients of assistance made available 15 under title IV of this Act. 16 (g) MOROCCO.— 17 (1) AVAILABILITY AND CONSULTATION RE- 18 QUIREMENT.—Funds 19 this Act shall be made available for assistance for 20 the Western Sahara: Provided, That not later than 21 90 days after enactment of this Act and prior to the 22 obligation of such funds the Secretary of State, in 23 consultation with the Administrator of the United 24 States Agency for International Development, shall December 16, 2015 (1:04 a.m.) appropriated under title III of U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1327 1 consult with the Committees on Appropriations on 2 the proposed uses of such funds. 3 (2) FOREIGN MILITARY FINANCING PRO- 4 GRAM.—Funds 5 heading ‘‘Foreign Military Financing Program’’ that 6 are available for assistance for Morocco may only be 7 used for the purposes requested in the Congressional 8 Budget Justification, Foreign Operations, Fiscal 9 Year 2016. 10 11 appropriated by this Act under the (h) SYRIA.— (1) NON-LETHAL ASSISTANCE.—Funds appro- 12 priated by this Act under the headings ‘‘Economic 13 Support Fund’’, ‘‘International Narcotics Control 14 and Law Enforcement’’, and ‘‘Peacekeeping Oper- 15 ations’’ shall be made available, notwithstanding any 16 other provision of law except for this subsection, for 17 non-lethal assistance for programs to address the 18 needs of civilians affected by conflict in Syria, and 19 for programs that seek to— 20 21 (A) establish governance in Syria that is representative, inclusive, and accountable; 22 (B) expand the role of women in negotia- 23 tions to end the violence and in any political 24 transition in Syria; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1328 1 (C) develop and implement political proc- 2 esses that are democratic, transparent, and ad- 3 here to the rule of law; 4 5 6 7 8 9 (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; 10 (G) document, investigate, and prosecute 11 human rights violations in Syria, including 12 through transitional justice programs and sup- 13 port for nongovernmental organizations; 14 (H) counter extremist ideologies; 15 (I) assist Syrian refugees whose education 16 has been interrupted by the ongoing conflict to 17 complete higher education requirements at re- 18 gional academic institutions; and 19 (J) assist vulnerable populations in Syria 20 and in neighboring countries. 21 (2) SYRIAN ORGANIZATIONS.—Funds appro- 22 priated by this Act that are made available for as- 23 sistance for Syria pursuant to the authority of this 24 subsection shall be made available, on an open and 25 competitive basis, for a program to strengthen the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1329 1 capability of Syrian civil society organizations to ad- 2 dress the immediate and long-term needs of the Syr- 3 ian people inside Syria in a manner that supports 4 the sustainability of such organizations in imple- 5 menting Syrian-led humanitarian and development 6 programs and the comprehensive strategy required 7 in section 7041(i)(3) of the Department of State, 8 Foreign Operations, and Related Programs Appro- 9 priations Act, 2014 (division K of Public Law 113– 10 11 76). (3) STRATEGY UPDATE.—Funds appropriated 12 by this Act that are made available for assistance for 13 Syria pursuant to the authority of this subsection 14 may only be made available after the Secretary of 15 State, in consultation with the heads of relevant 16 United States Government agencies, submits, in 17 classified form if necessary, an update to the com- 18 prehensive strategy required in section 7041(i)(3) of 19 Public Law 113–76. 20 (4) MONITORING AND OVERSIGHT.—Prior to 21 the obligation of funds appropriated by this Act and 22 made available for assistance for Syria, the Sec- 23 retary of State shall take all practicable steps to en- 24 sure that mechanisms are in place for monitoring, 25 oversight, and control of such assistance inside December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1330 1 Syria: Provided, That the Secretary shall promptly 2 inform the appropriate congressional committees of 3 each significant instance in which assistance pro- 4 vided pursuant to this subsection has been com- 5 promised, to include the type and amount of assist- 6 ance affected, a description of the incident and par- 7 ties involved, and an explanation of the response of 8 the Department of State. 9 (5) CONSULTATION AND NOTIFICATION.— 10 Funds made available pursuant to this subsection 11 may only be made available following consultation 12 with the appropriate congressional committees, and 13 shall be subject to the regular notification proce- 14 dures of the Committees on Appropriations. 15 (i) TUNISIA.—Of the funds appropriated under titles 16 III and IV of this Act, not less than $141,900,000 shall 17 be made available for assistance for Tunisia. 18 19 (j) WEST BANK AND GAZA.— (1) REPORT ON ASSISTANCE.—Prior to the ini- 20 tial obligation of funds made available by this Act 21 under the heading ‘‘Economic Support Fund’’ for 22 assistance for the West Bank and Gaza, the Sec- 23 retary of State shall report to the Committees on 24 Appropriations that the purpose of such assistance 25 is to— December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1331 1 (A) advance Middle East peace; 2 (B) improve security in the region; 3 (C) continue support for transparent and 4 accountable government institutions; 5 (D) promote a private sector economy; or 6 (E) address urgent humanitarian needs. 7 (2) LIMITATIONS.— 8 (A)(i) None of the funds appropriated 9 under the heading ‘‘Economic Support Fund’’ 10 in this Act may be made available for assistance 11 for the Palestinian Authority, if after the date 12 of enactment of this Act— 13 (I) the Palestinians obtain the same 14 standing as member states or full member- 15 ship as a state in the United Nations or 16 any specialized agency thereof outside an 17 agreement negotiated between Israel and 18 the Palestinians; or 19 (II) the Palestinians initiate an Inter- 20 national Criminal Court (ICC) judicially 21 authorized investigation, or actively sup- 22 port such an investigation, that subjects 23 Israeli nationals to an investigation for al- 24 leged crimes against Palestinians. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1332 1 (ii) The Secretary of State may waive the 2 restriction in clause (i) of this subparagraph re- 3 sulting from the application of subclause (I) of 4 such clause if the Secretary certifies to the 5 Committees on Appropriations that to do so is 6 in the national security interest of the United 7 States, and submits a report to such Commit- 8 tees detailing how the waiver and the continu- 9 ation of assistance would assist in furthering 10 Middle East peace. 11 (B)(i) The President may waive the provi- 12 sions of section 1003 of the Foreign Relations 13 Authorization Act, Fiscal Years 1988 and 1989 14 (Public Law 100–204) if the President deter- 15 mines and certifies in writing to the Speaker of 16 the House of Representatives, the President pro 17 tempore of the Senate, and the appropriate con- 18 gressional committees that the Palestinians 19 have not, after the date of enactment of this 20 Act— 21 (I) obtained in the United Nations or 22 any specialized agency thereof the same 23 standing as member states or full member- 24 ship as a state outside an agreement nego- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1333 1 tiated between Israel and the Palestinians; 2 and 3 (II) taken any action with respect to 4 the ICC that is intended to influence a de- 5 termination by the ICC to initiate a judi- 6 cially authorized investigation, or to ac- 7 tively support such an investigation, that 8 subjects Israeli nationals to an investiga- 9 tion for alleged crimes against Palestin- 10 ians. 11 (ii) Not less than 90 days after the Presi- 12 dent is unable to make the certification pursu- 13 ant to clause (i) of this subparagraph, the 14 President may waive section 1003 of Public 15 Law 100–204 if the President determines and 16 certifies in writing to the Speaker of the House 17 of Representatives, the President pro tempore 18 of the Senate, and the Committees on Appro- 19 priations that the Palestinians have entered 20 into direct and meaningful negotiations with 21 Israel: Provided, That any waiver of the provi- 22 sions of section 1003 of Public Law 100–204 23 under clause (i) of this subparagraph or under 24 previous provisions of law must expire before December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1334 1 the waiver under the preceding sentence may be 2 exercised. 3 (iii) Any waiver pursuant to this subpara- 4 graph shall be effective for no more than a pe- 5 riod of 6 months at a time and shall not apply 6 beyond 12 months after the enactment of this 7 Act. 8 (3) REDUCTION.—The Secretary of State shall 9 reduce the amount of assistance made available by 10 this Act under the heading ‘‘Economic Support 11 Fund’’ for the Palestinian Authority by an amount 12 the Secretary determines is equivalent to the amount 13 expended by the Palestinian Authority as payments 14 for acts of terrorism by individuals who are impris- 15 oned after being fairly tried and convicted for acts 16 of terrorism and by individuals who died committing 17 acts of terrorism during the previous calendar year: 18 Provided, That the Secretary shall report to the 19 Committees on Appropriations on the amount re- 20 duced for fiscal year 2016 prior to the obligation of 21 funds for the Palestinian Authority. 22 (4) SECURITY REPORT.—The reporting require- 23 ments contained in section 1404 of the Supple- 24 mental Appropriations Act, 2008 (Public Law 110– 25 252) shall apply to funds made available by this Act, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1335 1 including a description of modifications, if any, to 2 the security strategy of the Palestinian Authority. 3 4 AFRICA SEC. 7042. (a) BOKO HARAM.—Funds appropriated 5 by this Act that are made available for assistance for Cam6 eroon, Chad, Niger, and Nigeria— 7 (1) shall be made available for assistance for 8 women and girls who are targeted by the terrorist 9 organization Boko Haram, consistent with the provi- 10 11 sions of section 7059 of this Act; and (2) may be made available for counterterrorism 12 programs to combat Boko Haram. 13 (b) CENTRAL AFRICAN REPUBLIC.—Funds made 14 available by this Act for assistance for the Central African 15 Republic shall be made available for reconciliation and 16 peacebuilding programs, including activities to promote 17 inter-faith dialogue at the national and local levels, and 18 for programs to prevent crimes against humanity. 19 (c) COUNTERTERRORISM PROGRAMS.—Of the funds 20 appropriated by this Act, not less than $69,821,000 21 should be made available for the Trans-Sahara Counter22 terrorism Partnership program, and not less than 23 $24,150,000 should be made available for the Partnership 24 for Regional East Africa Counterterrorism program. 25 December 16, 2015 (1:04 a.m.) (d) ETHIOPIA.— U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1336 1 (1) FORCED EVICTIONS.— 2 (A) Funds appropriated by this Act for as- 3 sistance for Ethiopia may not be made available 4 for any activity that supports forced evictions. 5 (B) The Secretary of the Treasury shall 6 instruct the United States executive director of 7 each international financial institution to vote 8 against financing for any activity that supports 9 forced evictions in Ethiopia. 10 (2) CONSULTATION REQUIREMENT.—Programs 11 and activities to improve livelihoods shall include 12 prior consultation with, and the participation of, af- 13 fected communities, including in the South Omo and 14 Gambella regions. 15 (3) FOREIGN MILITARY FINANCING PRO- 16 GRAM.—Funds 17 heading ‘‘Foreign Military Financing Program’’ for 18 assistance for Ethiopia may only be made available 19 for border security and counterterrorism programs, 20 support for international peacekeeping efforts, and 21 assistance for the Ethiopian Defense Command and 22 Staff College. 23 (e) LAKE CHAD BASIN COUNTRIES.—Funds appro- appropriated by this Act under the 24 priated by this Act shall be made available for democracy 25 and other development programs in Cameroon, Chad, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1337 1 Niger, and Nigeria, following consultation with the Com2 mittees on Appropriations: Provided, That such democracy 3 programs should protect freedoms of expression, associa4 tion and religion, including for journalists, civil society, 5 and opposition political parties, and should be used to as6 sist the governments of such countries to strengthen ac7 countability and the rule of law, including within the secu8 rity forces. 9 (f) LORD’S RESISTANCE ARMY.—Funds appropriated 10 by this Act shall be made available for programs and ac11 tivities in areas affected by the Lord’s Resistance Army 12 (LRA) consistent with the goals of the Lord’s Resistance 13 Army Disarmament and Northern Uganda Recovery Act 14 (Public Law 111–172), including to improve physical ac15 cess, telecommunications infrastructure, and early-warn16 ing mechanisms and to support the disarmament, demobi17 lization, and reintegration of former LRA combatants, es18 pecially child soldiers. 19 (g) POWER AFRICA INITIATIVE.—Funds appro- 20 priated by this Act that are made available for the Power 21 Africa initiative shall be subject to the regular notification 22 procedures of the Committees on Appropriations. 23 (h) PROGRAMS IN AFRICA.— 24 (1) Of the funds appropriated by this Act under 25 the headings ‘‘Global Health Programs’’ and ‘‘Eco- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1338 1 nomic Support Fund’’, not less than $7,000,000 2 shall be made available for the purposes of section 3 7042(g)(1) of the Department of State, Foreign Op- 4 erations, and Related Programs Appropriations Act, 5 2014 (division K of Public Law 113–76). 6 (2) Of the funds appropriated by this Act under 7 the headings ‘‘Economic Support Fund’’ and ‘‘Inter- 8 national Narcotics Control and Law Enforcement’’, 9 not less than $8,000,000 shall be made available for 10 the purposes of section 7042(g)(2) of the Depart- 11 ment of State, Foreign Operations, and Related Pro- 12 grams Appropriations Act, 2014 (division K of Pub- 13 lic Law 113–76). 14 (3) Funds made available under paragraphs (1) 15 and (2) shall be programmed in a manner that 16 leverages a United States Government-wide ap- 17 proach to addressing shared challenges and mutually 18 beneficial opportunities, and shall be the responsi- 19 bility of United States Chiefs of Mission in countries 20 in Africa seeking enhanced partnerships with the 21 United States in areas of trade, investment, develop- 22 ment, health, and security. 23 (i) SOUTH SUDAN.— December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1339 1 (1) Funds appropriated by this Act that are 2 made available for assistance for South Sudan 3 should— 4 (A) be prioritized for programs that re- 5 spond to humanitarian needs and the delivery 6 of basic services and to mitigate conflict and 7 promote stability, including to address protec- 8 tion needs and prevent and respond to gender- 9 based violence; 10 (B) support programs that build resilience 11 of communities to address food insecurity, 12 maintain educational opportunities, and en- 13 hance local governance; 14 (C) be used to advance democracy, includ- 15 ing support for civil society, independent media, 16 and other means to strengthen the rule of law; 17 (D) support the transparent and sustain- 18 able management of natural resources by assist- 19 ing the Government of South Sudan in con- 20 ducting regular audits of financial accounts, in- 21 cluding revenues from oil and gas, and the 22 timely public disclosure of such audits; and 23 (E) support the professionalization of secu- 24 rity forces, including human rights and ac- 25 countability to civilian authorities. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1340 1 (2) None of the funds appropriated by this Act 2 that are available for assistance for the central Gov- 3 ernment of South Sudan may be made available 4 until the Secretary of State certifies and reports to 5 the Committees on Appropriations that such govern- 6 ment is taking effective steps to— 7 (A) end hostilities and pursue good faith 8 negotiations for a political settlement of the in- 9 ternal conflict; 10 11 12 13 14 15 16 17 (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 18 (F) establish democratic institutions, in- 19 cluding accountable military and police forces 20 under civilian authority. 21 (3) The limitation of paragraph (2) shall not 22 23 December 16, 2015 (1:04 a.m.) apply to— (A) humanitarian assistance; U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1341 1 (B) assistance to support South Sudan 2 peace negotiations or to advance or implement 3 a peace agreement; and 4 (C) assistance to support implementation 5 of outstanding issues of the Comprehensive 6 Peace Agreement (CPA) and mutual arrange- 7 ments related to the CPA. 8 (j) SUDAN.— 9 (1) Notwithstanding any other provision of law, 10 none of the funds appropriated by this Act may be 11 made available for assistance for the Government of 12 Sudan. 13 (2) None of the funds appropriated by this Act 14 may be made available for the cost, as defined in 15 section 502 of the Congressional Budget Act of 16 1974, of modifying loans and loan guarantees held 17 by the Government of Sudan, including the cost of 18 selling, reducing, or canceling amounts owed to the 19 United States, and modifying concessional loans, 20 guarantees, and credit agreements. 21 22 (3) The limitations of paragraphs (1) and (2) shall not apply to— 23 (A) humanitarian assistance; 24 (B) assistance for democracy programs; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1342 1 (C) assistance for the Darfur region, 2 Southern Kordofan State, Blue Nile State, 3 other marginalized areas and populations in 4 Sudan, and Abyei; and 5 (D) assistance to support implementation 6 of outstanding issues of the Comprehensive 7 Peace Agreement (CPA), mutual arrangements 8 related to post-referendum issues associated 9 with the CPA, or any other internationally rec- 10 11 ognized viable peace agreement in Sudan. (k) ZIMBABWE.— 12 (1) The Secretary of the Treasury shall instruct 13 the United States executive director of each inter- 14 national financial institution to vote against any ex- 15 tension by the respective institution of any loan or 16 grant to the Government of Zimbabwe, except to 17 meet basic human needs or to promote democracy, 18 unless the Secretary of State certifies and reports to 19 the Committees on Appropriations that the rule of 20 law has been restored, including respect for owner- 21 ship and title to property, and freedoms of expres- 22 sion, association, and assembly. 23 (2) None of the funds appropriated by this Act 24 shall be made available for assistance for the central 25 Government of Zimbabwe, except for health and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1343 1 education, unless the Secretary of State certifies and 2 reports as required in paragraph (1), and funds may 3 be made available for macroeconomic growth assist- 4 ance if the Secretary reports to the Committees on 5 Appropriations that such government is imple- 6 menting transparent fiscal policies, including public 7 disclosure of revenues from the extraction of natural 8 resources. 9 10 EAST ASIA AND THE PACIFIC SEC. 7043. (a) ASIA REBALANCING INITIATIVE.— 11 Except for paragraphs (1)(C), (4), (5)(B) and (C), and 12 6(B), section 7043(a) of the Department of State, Foreign 13 Operations, and Related Programs Appropriations Act, 14 2015 (division J of Public Law 113–235) shall continue 15 in effect during fiscal year 2016 as if part of this Act: 16 Provided, That section 7043(a)(8) of such Act shall be ap17 plied to funds appropriated by this Act by adding ‘‘East 18 Asia,’’ before ‘‘South East Asia’’. 19 20 (b) BURMA.— (1) BILATERAL ECONOMIC ASSISTANCE.— 21 (A) Funds appropriated by this Act under 22 the heading ‘‘Economic Support Fund’’ for as- 23 sistance for Burma may be made available not- 24 withstanding any other provision of law, except December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1344 1 for this subsection, and following consultation 2 with the appropriate congressional committees. 3 (B) Funds appropriated under title III of 4 this Act for assistance for Burma— 5 (i) may not be made available for 6 budget support for the Government of 7 Burma; 8 (ii) shall be made available to 9 strengthen civil society organizations in 10 Burma, including as core support for such 11 organizations; 12 (iii) shall be made available for the 13 implementation of the democracy and 14 human rights strategy required by section 15 7043(b)(3)(A) of the Department of State, 16 Foreign Operations, and Related Programs 17 Appropriations Act, 2014 (division K of 18 Public Law 113–76); 19 (iv) shall be made available for com- 20 munity-based organizations operating in 21 Thailand to provide food, medical, and 22 other humanitarian assistance to internally 23 displaced persons in eastern Burma, in ad- 24 dition to assistance for Burmese refugees 25 from funds appropriated by this Act under December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1345 1 the heading ‘‘Migration and Refugee As- 2 sistance’’; 3 (v) shall be made available for pro- 4 grams to promote ethnic and religious tol- 5 erance, including in Rakhine and Kachin 6 states; 7 (vi) may not be made available to any 8 successor or affiliated organization of the 9 State Peace and Development Council 10 (SPDC) controlled by former SPDC mem- 11 bers that promotes the repressive policies 12 of the SPDC, or to any individual or orga- 13 nization credibly alleged to have committed 14 gross violations of human rights, including 15 against 16 groups; Rohingya and other minority 17 (vii) may be made available for pro- 18 grams administered by the Office of Tran- 19 sition Initiatives, United States Agency for 20 International Development (USAID), for 21 ethnic groups and civil society in Burma to 22 help sustain ceasefire agreements and fur- 23 ther prospects for reconciliation and peace, 24 which may include support to representa- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1346 1 tives of ethnic armed groups for this pur- 2 pose; and 3 (viii) may not be made available to 4 any organization or individual the Sec- 5 retary of State determines and reports to 6 the appropriate congressional committees 7 advocates violence against ethnic or reli- 8 gious groups and individuals in Burma, in- 9 cluding such organizations as Ma Ba Tha. 10 (2) INTERNATIONAL SECURITY ASSISTANCE.— 11 None of the funds appropriated by this Act under 12 the headings ‘‘International Military Education and 13 Training’’ and ‘‘Foreign Military Financing Pro- 14 gram’’ may be made available for assistance for 15 Burma: Provided, That the Department of State 16 may continue consultations with the armed forces of 17 Burma only on human rights and disaster response 18 in a manner consistent with the prior fiscal year, 19 and following consultation with the appropriate con- 20 gressional committees. 21 (3) MULTILATERAL ASSISTANCE.—The Sec- 22 retary of the Treasury should instruct the United 23 States executive director of each international finan- 24 cial institution to use the voice and vote of the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1347 1 United States to support projects in Burma only if 2 such projects— 3 (A) promote accountability and trans- 4 parency, including on-site monitoring through- 5 out the life of the project; 6 (B) are developed and carried out in ac- 7 cordance with best practices regarding environ- 8 mental conservation; social and cultural protec- 9 tion and empowerment of local populations, 10 particularly ethnic nationalities; and extraction 11 of resources; 12 (C) do not promote the displacement of 13 local populations without appropriate consulta- 14 tion, harm mitigation and compensation, and do 15 not provide incentives for, or facilitate, the 16 forced migration of indigenous communities; 17 and 18 (D) do not partner with or otherwise in- 19 volve military-owned enterprises or state-owned 20 enterprises associated with the military. 21 (4) ASSESSMENT.—Not later than 180 days 22 after enactment of this Act, the Comptroller General 23 of the United States shall initiate an assessment of 24 democracy programs in Burma conducted by the De- 25 partment of State and USAID, including the strat- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1348 1 egy for such programs, and programmatic imple- 2 mentation and results: Provided, That of the funds 3 appropriated by this Act and made available for as- 4 sistance for Burma, up to $100,000 shall be made 5 available to the Comptroller for such assessment. 6 7 (5) PROGRAMS, POSITION, AND RESPONSIBIL- ITIES.— 8 (A) Any new program or activity in Burma 9 initiated in fiscal year 2016 shall be subject to 10 prior consultation with the appropriate congres- 11 sional committees. 12 (B) Section 7043(b)(7) of the Department 13 of State, Foreign Operations, and Related Pro- 14 grams Appropriations Act, 2015 (division J of 15 Public Law 113–235) shall continue in effect 16 during fiscal year 2016 as if part of this Act. 17 (C) The United States Chief of Mission in 18 Burma, in consultation with the Assistant Sec- 19 retary for the Bureau of Democracy, Human 20 Rights, and Labor, Department of State, shall 21 be responsible for democracy programs in 22 Burma. 23 (c) CAMBODIA.— 24 (1) KHMER 25 December 16, 2015 (1:04 a.m.) ROUGE TRIBUNAL.—Of the funds appropriated by this Act that are made available for U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1349 1 assistance for Cambodia, up to $2,000,000 may be 2 made available for a contribution to the Extraor- 3 dinary Chambers in the Court of Cambodia (ECCC), 4 in a manner consistent with prior fiscal years, except 5 that such funds may only be made available for a 6 contribution to the appeals process in Case 002/01. 7 (2) RESEARCH AND EDUCATION.—Funds made 8 available by this Act for democracy programs in 9 Cambodia shall be made available for research and 10 education programs associated with the Khmer 11 Rouge genocide in Cambodia. 12 (3) REIMBURSEMENTS.—The Secretary of 13 State shall continue to consult with the Principal 14 Donors Group on reimbursements to the Docu- 15 mentation Center of Cambodia for costs incurred in 16 support of the ECCC. 17 (d) NORTH KOREA.— 18 (1) BROADCASTS.—Funds appropriated by this 19 Act under the heading ‘‘International Broadcasting 20 Operations’’ shall be made available to maintain 21 broadcasts into North Korea at levels consistent 22 with the prior fiscal year. 23 (2) REFUGEES.—Funds appropriated by this 24 Act under the heading ‘‘Migration and Refugee As- 25 sistance’’ shall be made available for assistance for December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1350 1 refugees from North Korea, including protection ac- 2 tivities in the People’s Republic of China and other 3 countries in the Asia region. 4 (3) DATABASE AND REPORT.—Funds appro- 5 priated by this Act under title III shall be made 6 available to maintain a database of prisons and 7 gulags in North Korea, in accordance with section 8 7032(i) of the Department of State, Foreign Oper- 9 ations, and Related Programs Appropriations Act, 10 2014 (division K of Public Law 113–76): Provided, 11 That not later than 30 days after enactment of this 12 Act, the Secretary of State shall submit a report to 13 the Committees on Appropriations describing the 14 sources of information and format of such database. 15 (4) LIMITATION ON USE OF FUNDS.—None of 16 the funds made available by this Act under the 17 heading ‘‘Economic Support Fund’’ may be made 18 available for assistance for the Government of North 19 Korea. 20 (e) PEOPLE’S REPUBLIC OF CHINA.— 21 (1) LIMITATION ON USE OF FUNDS.—None of 22 the funds appropriated under the heading ‘‘Diplo- 23 matic and Consular Programs’’ in this Act may be 24 obligated or expended for processing licenses for the 25 export of satellites of United States origin (including December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1351 1 commercial satellites and satellite components) to 2 the People’s Republic of China (PRC) unless, at 3 least 15 days in advance, the Committees on Appro- 4 priations are notified of such proposed action. 5 (2) PEOPLE’S LIBERATION ARMY.—The terms 6 and requirements of section 620(h) of the Foreign 7 Assistance Act of 1961 shall apply to foreign assist- 8 ance projects or activities of the People’s Liberation 9 Army (PLA) of the PRC, to include such projects or 10 activities by any entity that is owned or controlled 11 by, or an affiliate of, the PLA: Provided, That none 12 of the funds appropriated or otherwise made avail- 13 able pursuant to this Act may be used to finance 14 any grant, contract, or cooperative agreement with 15 the PLA, or any entity that the Secretary of State 16 has reason to believe is owned or controlled by, or 17 an affiliate of, the PLA. 18 (3) COUNTER INFLUENCE PROGRAMS.—Funds 19 appropriated by this Act for public diplomacy under 20 title I and for assistance under titles III and IV 21 shall be made available to counter the influence of 22 the PRC, in accordance with the strategy required 23 by section 7043(e)(3) of the Department of State, 24 Foreign Operations, and Related Programs Appro- 25 priations Act, 2014 (division K of Public Law 113– December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1352 1 76), following consultation with the Committees on 2 Appropriations. 3 (4) COST-MATCHING REQUIREMENT.—Section 4 7032(f) of the Department of State, Foreign Oper- 5 ations, and Related Programs Appropriations Act, 6 2015 (division J of Public Law 113–235) shall con- 7 tinue in effect during fiscal year 2016 as if part of 8 this Act. 9 (f) TIBET.— 10 (1) FINANCING OF PROJECTS IN TIBET.—The 11 Secretary of the Treasury should instruct the United 12 States executive director of each international finan- 13 cial institution to use the voice and vote of the 14 United States to support financing of projects in 15 Tibet if such projects do not provide incentives for 16 the migration and settlement of non-Tibetans into 17 Tibet or facilitate the transfer of ownership of Ti- 18 betan land and natural resources to non-Tibetans, 19 are based on a thorough needs-assessment, foster 20 self-sufficiency of the Tibetan people and respect Ti- 21 betan culture and traditions, and are subject to ef- 22 fective monitoring. 23 (2) PROGRAMS FOR TIBETAN COMMUNITIES.— 24 (A) Notwithstanding any other provision of 25 law, funds appropriated by this Act under the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1353 1 heading ‘‘Economic Support Fund’’ shall be 2 made available to nongovernmental organiza- 3 tions to support activities which preserve cul- 4 tural traditions and promote sustainable devel- 5 opment, education, and environmental conserva- 6 tion in Tibetan communities in the Tibetan Au- 7 tonomous Region and in other Tibetan commu- 8 nities in China. 9 (B) Funds appropriated by this Act under 10 the heading ‘‘Economic Support Fund’’ shall be 11 made available for programs to promote and 12 preserve Tibetan culture, development, and the 13 resilience of Tibetan communities in India and 14 Nepal, and to assist in the education and devel- 15 opment of the next generation of Tibetan lead- 16 ers from such communities: Provided, That 17 such funds are in addition to amounts made 18 available in subparagraph (A) for programs in- 19 side Tibet. 20 (g) VIETNAM.— 21 (1) DIOXIN REMEDIATION.—Funds appro- 22 priated by this Act under the heading ‘‘Economic 23 Support Fund’’ shall be made available for remedi- 24 ation of dioxin contaminated sites in Vietnam and 25 may be made available for assistance for the Govern- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1354 1 ment of Vietnam, including the military, for such 2 purposes. 3 (2) HEALTH AND DISABILITY PROGRAMS.— 4 Funds appropriated by this Act under the heading 5 ‘‘Development Assistance’’ shall be made available 6 for health and disability programs in areas sprayed 7 with Agent Orange and otherwise contaminated with 8 dioxin, to assist individuals with severe upper or 9 lower body mobility impairment and/or cognitive or 10 11 12 13 developmental disabilities. SOUTH AND CENTRAL ASIA SEC. 7044. (a) AFGHANISTAN.— (1) DIPLOMATIC OPERATIONS.— 14 (A) FACILITIES.—Funds appropriated by 15 this Act under the headings ‘‘Diplomatic and 16 Consular Programs’’, ‘‘Embassy Security, Con- 17 struction, and Maintenance’’, and ‘‘Operating 18 Expenses’’ that are available for construction 19 and renovation of United States Government 20 facilities in Afghanistan may not be made avail- 21 able if the purpose is to accommodate Federal 22 employee positions or to expand aviation facili- 23 ties or assets above those notified by the De- 24 partment of State and the United States Agen- 25 cy for International Development (USAID) to December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1355 1 the Committees on Appropriations, or contrac- 2 tors in addition to those in place on the date of 3 enactment of this Act: Provided, That the limi- 4 tations in this paragraph shall not apply if 5 funds are necessary to implement plans for ac- 6 commodating other United States Government 7 agencies under Chief of Mission authority per 8 section 3927 of title 22, United States Code, or 9 to protect such facilities or the security, health, 10 and welfare of United States Government per- 11 sonnel. 12 (B) PERSONNEL REPORT.—Not later than 13 30 days after enactment of this Act and every 14 120 days thereafter until September 30, 2016, 15 the Secretary of State shall submit a report, in 16 classified form if necessary, to the appropriate 17 congressional committees detailing by agency 18 the number of personnel present in Afghanistan 19 under Chief of Mission authority per section 20 3927 of title 22, United States Code, at the end 21 of the 120 day period preceding the submission 22 of such report: Provided, That such report shall 23 also include the number of locally employed 24 staff and contractors supporting United States December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1356 1 Embassy operations in Afghanistan during the 2 reporting period. 3 (2) ASSISTANCE 4 AND CONDITIONS.— (A) FUNDING AND LIMITATIONS.—Funds 5 appropriated by this Act under the headings 6 ‘‘Economic Support Fund’’ and ‘‘International 7 Narcotics Control and Law Enforcement’’ may 8 be made available for assistance for Afghani- 9 stan: Provided, That such funds may not be ob- 10 ligated for any project or activity that— 11 (i) includes the participation of any 12 Afghan individual or organization that the 13 Secretary of State determines to be in- 14 volved in corrupt practices or a violation of 15 human rights; 16 (ii) cannot be sustained, as appro- 17 priate, by the Government of Afghanistan 18 or another Afghan entity; 19 (iii) is inaccessible for the purposes of 20 conducting regular oversight in accordance 21 with applicable Federal statutes and regu- 22 lations; or 23 24 December 16, 2015 (1:04 a.m.) (iv) initiates any new, major infrastructure development. U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1357 1 (B) CERTIFICATION AND REPORT.—Prior 2 to the initial obligation of funds made available 3 by this Act under the headings ‘‘Economic Sup- 4 port Fund’’ and ‘‘International Narcotics Con- 5 trol and Law Enforcement’’ for assistance for 6 the central Government of Afghanistan, the 7 Secretary of State shall certify and report to 8 the Committees on Appropriations, after con- 9 sultation with the Government of Afghanistan, 10 that— 11 (i) goals and benchmarks for the spe- 12 cific uses of such funds have been estab- 13 lished by the Governments of the United 14 States and Afghanistan; 15 (ii) conditions are in place that in- 16 crease the transparency and accountability 17 of the Government of Afghanistan for 18 funds obligated under the New Develop- 19 ment Partnership; 20 (iii) the Government of Afghanistan is 21 continuing to implement laws and policies 22 to govern democratically and protect the 23 rights of individuals and civil society, in- 24 cluding taking consistent steps to protect December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1358 1 and advance the rights of women and girls 2 in Afghanistan; 3 (iv) the Government of Afghanistan is 4 reducing corruption and prosecuting indi- 5 viduals alleged to be involved in illegal ac- 6 tivities in Afghanistan; 7 (v) monitoring and oversight frame- 8 works for programs implemented with such 9 funds are in accordance with all applicable 10 audit policies of the Department of State 11 and USAID; 12 (vi) the necessary policies and proce- 13 dures are in place to ensure Government of 14 Afghanistan compliance with section 7013 15 of this Act; and 16 (vii) the Government of Afghanistan 17 has established processes for the public re- 18 porting of its national budget, including 19 revenues and expenditures. 20 (C) WAIVER.—The Secretary of State, 21 after consultation with the Secretary of De- 22 fense, may waive the certification requirement 23 of subparagraph (B) if the Secretary deter- 24 mines that to do so is important to the national 25 security interest of the United States and the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1359 1 Secretary submits a report to the Committees 2 on Appropriations, in classified form if nec- 3 essary, on the justification for the waiver and 4 the reasons why any part of the certification re- 5 quirement of subparagraph (B) has not been 6 met. 7 (D) PROGRAMS.—Funds appropriated by 8 this Act that are made available for assistance 9 for Afghanistan shall be made available in the 10 following manner— 11 (i) not less than $50,000,000 shall be 12 made available for rule of law programs, 13 the decisions for which shall be the respon- 14 sibility of the Chief of Mission, in consulta- 15 tion with other appropriate United States 16 Government officials in Afghanistan; 17 (ii) for programs that protect the 18 rights of women and girls and promote the 19 political and economic empowerment of 20 women, including their meaningful inclu- 21 sion in political processes: Provided, That 22 such assistance to promote economic em- 23 powerment of women shall be made avail- 24 able as grants to Afghan and international December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1360 1 organizations, to the maximum extent 2 practicable; 3 (iii) for programs in South and Cen- 4 tral Asia to expand linkages between Af- 5 ghanistan and countries in the region, sub- 6 ject to the regular notification procedures 7 of the Committees on Appropriations; and 8 (iv) to assist the Government of Af- 9 ghanistan to increase revenue collection 10 11 and expenditure. (3) GOALS AND BENCHMARKS.—Not later than 12 90 days after enactment of this Act, the Secretary 13 of State shall submit to the appropriate congres- 14 sional committees a report describing the goals and 15 benchmarks required in clause (2)(B)(i): Provided, 16 That not later than 6 months after the submission 17 of such report and every 6 months thereafter until 18 September 30, 2017, the Secretary of State shall 19 submit a report to such committees on the status of 20 achieving such goals and benchmarks: Provided fur- 21 ther, That the Secretary of State should suspend as- 22 sistance for the Government of Afghanistan if any 23 report required by this paragraph indicates that 24 such government is failing to make measurable 25 progress in meeting such goals and benchmarks. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1361 1 (4) AUTHORITIES.— 2 (A) Funds appropriated by this Act under 3 title III through VI that are made available for 4 assistance for Afghanistan may be made avail- 5 able— 6 (i) notwithstanding section 7012 of 7 this Act or any similar provision of law 8 and section 660 of the Foreign Assistance 9 Act of 1961; 10 (ii) for reconciliation programs and 11 disarmament, 12 integration activities for former combat- 13 ants who have renounced violence against 14 the Government of Afghanistan, in accord- 15 ance with section 7046(a)(2)(B)(ii) of the 16 Department of State, Foreign Operations, 17 and Related Programs Appropriations Act, 18 2012 (division I of Public Law 112–74); 19 and 20 demobilization, and re- (iii) for an endowment to empower 21 women and girls. 22 (B) Section 7046(a)(2)(A) of division I of 23 Public Law 112–74 shall apply to funds appro- 24 priated by this Act for assistance for Afghani- 25 stan. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1362 1 (C) Section 1102(c) of the Supplemental 2 Appropriations Act, 2009 (title XI of Public 3 Law 111–32) shall continue in effect during fis- 4 cal year 2016 as if part of this Act. 5 (5) BASING RIGHTS AGREEMENT.—None of the 6 funds made available by this Act may be used by the 7 United States Government to enter into a perma- 8 nent basing rights agreement between the United 9 States and Afghanistan. 10 (b) BANGLADESH.—Funds appropriated by this Act 11 under the heading ‘‘Development Assistance’’ that are 12 made available for assistance for Bangladesh shall be 13 made available for programs to protect due process of law, 14 and to improve labor conditions by strengthening the ca15 pacity of independent workers’ organizations in Ban16 gladesh’s readymade garment, shrimp, and fish export sec17 tors. 18 (c) NEPAL.— 19 (1) BILATERAL ECONOMIC ASSISTANCE.— 20 Funds appropriated by this Act shall be made avail- 21 able for assistance for Nepal for earthquake recovery 22 and reconstruction programs: Provided, That such 23 amounts shall be in addition to funds made available 24 by this Act for development and democracy pro- 25 grams in Nepal: Provided further, That funds made December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1363 1 available for earthquake recovery and reconstruction 2 programs should— 3 4 (A) target affected communities on an equitable basis; and 5 (B) include sufficient oversight mecha- 6 nisms, to include the participation of civil soci- 7 ety organizations. 8 (2) 9 FOREIGN GRAM.—Funds MILITARY FINANCING PRO- appropriated by this Act under the 10 heading ‘‘Foreign Military Financing Program’’ 11 shall only be made available for humanitarian and 12 disaster relief and reconstruction activities in Nepal, 13 and in support of international peacekeeping oper- 14 ations: Provided, That such funds may only be made 15 available for any additional uses if the Secretary of 16 State certifies and reports to the Committees on Ap- 17 propriations that the Government of Nepal is inves- 18 tigating and prosecuting violations of human rights 19 and the law of war, and the Nepal Army is cooper- 20 ating fully with civilian judicial authorities on such 21 efforts. 22 (d) PAKISTAN.— 23 (1) CERTIFICATION REQUIREMENT.—None of 24 the funds appropriated or otherwise made available 25 by this Act under the headings ‘‘Economic Support December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1364 1 Fund’’, ‘‘International Narcotics Control and Law 2 Enforcement’’, and ‘‘Foreign Military Financing 3 Program’’ for assistance for the Government of 4 Pakistan may be made available unless the Secretary 5 of State certifies and reports to the Committees on 6 Appropriations that the Government of Pakistan 7 is— 8 (A) cooperating with the United States in 9 counterterrorism efforts against the Haqqani 10 Network, the Quetta Shura Taliban, Lashkar e- 11 Tayyiba, Jaish-e-Mohammed, Al-Qaeda, and 12 other domestic and foreign terrorist organiza- 13 tions, including taking effective steps to end 14 support for such groups and prevent them from 15 basing and operating in Pakistan and carrying 16 out cross border attacks into neighboring coun- 17 tries; 18 (B) not supporting terrorist activities 19 against United States or coalition forces in Af- 20 ghanistan, and Pakistan’s military and intel- 21 ligence agencies are not intervening extra-judi- 22 cially into political and judicial processes in 23 Pakistan; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1365 1 (C) dismantling improvised explosive device 2 (IED) networks and interdicting precursor 3 chemicals used in the manufacture of IEDs; 4 5 (D) preventing the proliferation of nuclearrelated material and expertise; 6 (E) issuing visas in a timely manner for 7 United States visitors engaged in counterter- 8 rorism efforts and assistance programs in Paki- 9 stan; and 10 (F) providing humanitarian organizations 11 access to detainees, internally displaced per- 12 sons, and other Pakistani civilians affected by 13 the conflict. 14 (2) WAIVER.—The Secretary of State, after 15 consultation with the Secretary of Defense, may 16 waive the certification requirement of paragraph (1) 17 if the Secretary of State determines that to do so is 18 important to the national security interest of the 19 United States and the Secretary submits a report to 20 the Committees on Appropriations, in classified form 21 if necessary, on the justification for the waiver and 22 the reasons why any part of the certification require- 23 ment of paragraph (1) has not been met. 24 December 16, 2015 (1:04 a.m.) (3) ASSISTANCE.— U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1366 1 (A) Funds appropriated by this Act under 2 the heading ‘‘Foreign Military Financing Pro- 3 gram’’ for assistance for Pakistan may be made 4 available only to support counterterrorism and 5 counterinsurgency capabilities in Pakistan. 6 (B) Funds appropriated by this Act under 7 the headings ‘‘Economic Support Fund’’ and 8 ‘‘Nonproliferation, 9 and Related Programs’’ that are available for 10 assistance for Pakistan shall be made available 11 to interdict precursor materials from Pakistan 12 to Afghanistan that are used to manufacture 13 IEDs, including calcium ammonium nitrate; to 14 support programs to train border and customs 15 officials in Pakistan and Afghanistan; and for 16 agricultural extension programs that encourage 17 alternative fertilizer use among Pakistani farm- 18 ers. Anti-terrorism, Demining 19 (C) Funds appropriated by this Act under 20 the heading ‘‘Economic Support Fund’’ that are 21 made available for assistance for infrastructure 22 projects in Pakistan shall be implemented in a 23 manner consistent with section 507(6) of the 24 Trade Act of 1974 (19 U.S.C. 2467(6)). December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1367 1 (D) Funds appropriated by this Act under 2 titles III and IV for assistance for Pakistan 3 may be made available notwithstanding any 4 other provision of law, except for this sub- 5 section and section 620M of the Foreign Assist- 6 ance Act of 1961. 7 (E) Of the funds appropriated under title 8 III of this Act that are made available for as- 9 sistance for Pakistan, $33,000,000 shall be 10 withheld from obligation until the Secretary of 11 State reports to the Committees on Appropria- 12 tions that Dr. Shakil Afridi has been released 13 from prison and cleared of all charges relating 14 to the assistance provided to the United States 15 in locating Osama bin Laden. 16 (4) SCHOLARSHIPS FOR WOMEN.—The author- 17 ity and directives of section 7044(d)(4) of the De- 18 partment of State, Foreign Operations, and Related 19 Programs Appropriations Act, 2015 (division J of 20 Public Law 113–235) shall apply to funds appro- 21 priated by this Act that are made available for as- 22 sistance for Pakistan. 23 (5) REPORTS.— 24 (A)(i) The spend plan required by section 25 7076 of this Act for assistance for Pakistan December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1368 1 shall include achievable and sustainable goals, 2 benchmarks for measuring progress, and ex- 3 pected results regarding combating poverty and 4 furthering development in Pakistan, countering 5 terrorism and extremism, and establishing con- 6 ditions conducive to the rule of law and trans- 7 parent and accountable governance: Provided, 8 That such benchmarks may incorporate those 9 required in title III of the Enhanced Partner- 10 ship with Pakistan Act of 2009 (22 U.S.C. 11 8441 et seq.), as appropriate: Provided further, 12 That not later than 6 months after submission 13 of such spend plan, and each 6 months there- 14 after until September 30, 2017, the Secretary 15 of State shall submit a report to the Commit- 16 tees on Appropriations on the status of achiev- 17 ing the goals and benchmarks in such plan. 18 (ii) The Secretary of State should suspend 19 assistance for the Government of Pakistan if 20 any report required by clause (i) indicates that 21 Pakistan is failing to make measurable progress 22 in meeting such goals or benchmarks. 23 (B) Not later than 90 days after enact- 24 ment of this Act, the Secretary of State shall 25 submit a report to the Committees on Appro- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1369 1 priations detailing the costs and objectives asso- 2 ciated with significant infrastructure projects 3 supported by the United States in Pakistan, 4 and an assessment of the extent to which such 5 projects achieve such objectives. 6 (6) OVERSIGHT.—The Secretary of State shall 7 take all practicable steps to ensure that mechanisms 8 are in place for monitoring, oversight, and control of 9 funds made available by this subsection for assist- 10 ance for Pakistan. 11 (e) SRI LANKA.— 12 (1) BILATERAL ECONOMIC ASSISTANCE.— 13 Funds appropriated by this Act under the heading 14 ‘‘Economic Support Fund’’ shall be made available 15 for assistance for Sri Lanka for democracy and eco- 16 nomic development programs, particularly in areas 17 recovering from ethnic and religious conflict: Pro- 18 vided, That such funds shall be made available for 19 programs to assist in the identification and resolu- 20 tion of cases of missing persons. 21 (2) CERTIFICATION.—Funds appropriated by 22 this Act for assistance for the central Government of 23 Sri Lanka may be made available only if the Sec- 24 retary of State certifies and reports to the Commit- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1370 1 tees on Appropriations that the Government of Sri 2 Lanka is continuing to— 3 4 5 (A) address the underlying causes of conflict in Sri Lanka; and (B) increase accountability and trans- 6 parency in governance. 7 (3) INTERNATIONAL SECURITY ASSISTANCE.— 8 Funds appropriated under title IV of this Act that 9 are available for assistance for Sri Lanka shall be 10 subject to the following conditions— 11 (A) funds under the heading ‘‘Foreign 12 Military Financing Program’’ may only be 13 made available for programs to redeploy, re- 14 structure, and reduce the size of the Sri 15 Lankan armed forces and shall not exceed 16 $400,000; 17 (B) funds under the heading ‘‘Inter- 18 national Military Education and Training’’ may 19 only be made available for training related to 20 international peacekeeping operations and Ex- 21 panded International Military Education and 22 Training; and 23 (C) funds under the heading ‘‘Peace- 24 keeping Operations’’ may only be made avail- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1371 1 able for training related to international peace- 2 keeping operations. 3 (f) REGIONAL PROGRAMS.— 4 (1) Funds appropriated by this Act under the 5 heading ‘‘Economic Support Fund’’ for assistance 6 for Afghanistan and Pakistan may be provided, not- 7 withstanding any other provision of law that re- 8 stricts assistance to foreign countries, for cross bor- 9 der stabilization and development programs between 10 Afghanistan and Pakistan, or between either country 11 and the Central Asian countries. 12 (2) Funds appropriated by this Act under the 13 headings ‘‘Economic Support Fund’’, ‘‘International 14 Narcotics Control and Law Enforcement’’, and ‘‘As- 15 sistance for Europe, Eurasia and Central Asia’’ that 16 are available for assistance for countries in South 17 and Central Asia shall be made available to enhance 18 the recruitment, retention, and professionalism of 19 women in the judiciary, police, and other security 20 forces. 21 22 WESTERN HEMISPHERE SEC. 7045. (a) UNITED STATES ENGAGEMENT IN 23 CENTRAL AMERICA.— 24 (1) FUNDING.—Subject to the requirements of 25 this subsection, of the funds appropriated under ti- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1372 1 tles III and IV of this Act, up to $750,000,000 may 2 be made available for assistance for countries in 3 Central America to implement the United States 4 Strategy for Engagement in Central America (the 5 Strategy) in support of the Plan of the Alliance for 6 Prosperity in the Northern Triangle of Central 7 America (the Plan): Provided, That the Secretary of 8 State and Administrator of the United States Agen- 9 cy for International Development (USAID) shall 10 prioritize such assistance to address the key factors 11 in such countries contributing to the migration of 12 unaccompanied, undocumented minors to the United 13 States: Provided further, That such funds shall be 14 made available to the maximum extent practicable 15 on a cost-matching basis. 16 (2) PRE-OBLIGATION REQUIREMENTS.—Prior 17 to the obligation of funds made available pursuant 18 to paragraph (1), the Secretary of State shall submit 19 to the Committees on Appropriations a multi-year 20 spend plan specifying the proposed uses of such 21 funds in each country and the objectives, indicators 22 to measure progress, and a timeline to implement 23 the Strategy, and the amounts made available from 24 prior Acts making appropriations for the Depart- 25 ment of State, foreign operations, and related pro- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1373 1 grams to support such Strategy: Provided, That 2 such spend plan shall also include a description of 3 how such assistance will differ from, complement, 4 and leverage funds allocated by each government 5 and other donors, including international financial 6 institutions. 7 (3) ASSISTANCE FOR THE CENTRAL GOVERN- 8 MENTS OF EL SALVADOR, GUATEMALA, AND HON- 9 DURAS.—Of the funds made available pursuant to 10 paragraph (1) that are available for assistance for 11 each of the central governments of El Salvador, 12 Guatemala, and Honduras, the following amounts 13 shall be withheld from obligation and may only be 14 made available as follows: 15 (A) 25 percent may only be obligated after 16 the Secretary of State certifies and reports to 17 the appropriate congressional committees that 18 such government is taking effective steps to— 19 (i) inform its citizens of the dangers 20 of the journey to the southwest border of 21 the United States; 22 23 24 December 16, 2015 (1:04 a.m.) (ii) combat human smuggling and trafficking; (iii) improve border security; and U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1374 1 (iv) cooperate with United States Gov- 2 ernment agencies and other governments 3 in the region to facilitate the return, repa- 4 triation, and reintegration of illegal mi- 5 grants arriving at the southwest border of 6 the United States who do not qualify as 7 refugees, consistent with international law. 8 (B) An additional 50 percent may only be 9 obligated after the Secretary of State certifies 10 and reports to the appropriate congressional 11 committees that such government is taking ef- 12 fective steps to— 13 (i) establish an autonomous, publicly 14 accountable entity to provide oversight of 15 the Plan; 16 (ii) combat corruption, including in- 17 vestigating and prosecuting government of- 18 ficials credibly alleged to be corrupt; 19 (iii) implement reforms, policies, and 20 programs to improve transparency and 21 strengthen public institutions, including in- 22 creasing the capacity and independence of 23 the judiciary and the Office of the Attor- 24 ney General; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1375 1 (iv) establish and implement a policy 2 that local communities, civil society organi- 3 zations (including indigenous and other 4 marginalized groups), and local govern- 5 ments are consulted in the design, and 6 participate in the implementation and eval- 7 uation of, activities of the Plan that affect 8 such communities, organizations, and gov- 9 ernments; 10 (v) counter the activities of criminal 11 gangs, drug traffickers, and organized 12 crime; 13 (vi) investigate and prosecute in the 14 civilian justice system members of military 15 and police forces who are credibly alleged 16 to have violated human rights, and ensure 17 that the military and police are cooper- 18 ating in such cases; 19 (vii) cooperate with commissions 20 against impunity, as appropriate, and with 21 regional human rights entities; 22 (viii) support programs to reduce pov- 23 erty, create jobs, and promote equitable 24 economic growth in areas contributing to 25 large numbers of migrants; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1376 1 (ix) establish and implement a plan to 2 create a professional, accountable civilian 3 police force and curtail the role of the mili- 4 tary in internal policing; 5 (x) protect the right of political oppo- 6 sition parties, journalists, trade unionists, 7 human rights defenders, and other civil so- 8 ciety activists to operate without inter- 9 ference; 10 (xi) increase government revenues, in- 11 cluding by implementing tax reforms and 12 strengthening customs agencies; and 13 (xii) resolve commercial disputes, in- 14 cluding the confiscation of real property, 15 between United States entities and such 16 government. 17 (4) SUSPENSION 18 OF ASSISTANCE AND PERIODIC REVIEW.— 19 (A) The Secretary of State shall periodi- 20 cally review the progress of each of the central 21 governments of El Salvador, Guatemala, and 22 Honduras in meeting the requirements of para- 23 graphs (3)(A) and (3)(B) and shall, not later 24 than September 30, 2016, submit to the appro- 25 priate congressional committees a report assess- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1377 1 ing such progress: Provided, That if the Sec- 2 retary determines that sufficient progress has 3 not been made by a central government, the 4 Secretary shall suspend, in whole or in part, as- 5 sistance for such government for programs sup- 6 porting such requirement, and shall notify such 7 committees in writing of such action: Provided 8 further, That the Secretary may resume funding 9 for such programs only after the Secretary cer- 10 tifies to such committees that corrective meas- 11 ures have been taken. 12 (B) The Secretary of State shall, following 13 a change of national government in El Sal- 14 vador, Guatemala, or Honduras, determine and 15 report to the appropriate congressional commit- 16 tees that any new government has committed to 17 take the steps to meet the requirements of 18 paragraphs (3)(A) and (3)(B): Provided, That 19 if the Secretary is unable to make such a deter- 20 mination in a timely manner, assistance made 21 available under this subsection for such central 22 government shall be suspended, in whole or in 23 part, until such time as such determination and 24 report can be made. 25 (5) PROGRAMS December 16, 2015 (1:04 a.m.) AND TRANSFER OF FUNDS.— U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1378 1 (A) Funds appropriated by this Act for the 2 Central America Regional Security Initiative 3 may be made available, after consultation with, 4 and subject to the regular notification proce- 5 dures of, the Committees on Appropriations, to 6 support international commissions against im- 7 punity in Honduras and El Salvador, if such 8 commissions are established. 9 (B) The Department of State and USAID 10 may, following consultation with the Commit- 11 tees on Appropriations, transfer funds made 12 available by this Act under the heading ‘‘Devel- 13 opment Assistance’’ to the Inter-American De- 14 velopment Bank and the Inter-American Foun- 15 dation for technical assistance in support of the 16 Strategy. 17 (b) COLOMBIA.— 18 (1) ASSISTANCE.—Funds appropriated by this 19 Act and made available to the Department of State 20 for assistance for the Government of Colombia may 21 be used to support a unified campaign against nar- 22 cotics trafficking, organizations designated as For- 23 eign Terrorist Organizations, and other criminal or 24 illegal armed groups, and to take actions to protect 25 human health and welfare in emergency cir- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1379 1 cumstances, including undertaking rescue oper- 2 ations: Provided, That the first through fifth pro- 3 visos of paragraph (1), and paragraph (3) of section 4 7045(a) of the Department of State, Foreign Oper- 5 ations, and Related Programs Appropriations Act, 6 2012 (division I of Public Law 112–74) shall con- 7 tinue in effect during fiscal year 2016 and shall 8 apply to funds appropriated by this Act and made 9 available for assistance for Colombia as if included 10 in this Act: Provided further, That of the funds ap- 11 propriated by this Act under the heading ‘‘Economic 12 Support Fund’’, not less than $133,000,000 shall be 13 made available for assistance for Colombia, of which 14 not less than $126,000,000 shall be apportioned di- 15 rectly to the United States Agency for International 16 Development, and $7,000,000 shall be transferred 17 to, and merged with, funds appropriated by this Act 18 under the heading ‘‘Migration and Refugee Assist- 19 ance’’ for assistance for Colombian refugees in 20 neighboring countries. 21 (2)(A) Of the funds appropriated by this Act 22 under the heading ‘‘Foreign Military Financing Pro- 23 gram’’ for assistance for Colombia, 19 percent may 24 be obligated only in accordance with the conditions 25 under section 7045 in the explanatory statement de- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1380 1 scribed in section 4 (in the matter preceding division 2 A of this Consolidated Act). 3 (B) The limitations of this paragraph shall not 4 apply to funds made available under such heading 5 for aviation instruction and maintenance, and mari- 6 time security programs. 7 (3) NOTIFICATION.—Funds appropriated by 8 this Act that are made available for assistance for 9 Colombia to support the implementation of a peace 10 agreement shall be subject to prior consultation 11 with, and the regular notification procedures of, the 12 Committees on Appropriations. 13 (c) HAITI.— 14 (1) FUNDING.—Of the funds appropriated by 15 this Act, not more than $191,413,000 may be made 16 available for assistance for Haiti. 17 (2) GOVERNANCE CERTIFICATION.—Funds 18 made available in paragraph (1) may not be made 19 available for assistance for the central Government 20 of Haiti unless the Secretary of State certifies and 21 reports to the Committees on Appropriations that 22 the Government of Haiti is taking effective steps 23 to— 24 25 December 16, 2015 (1:04 a.m.) (A) hold free and fair parliamentary elections and seat a new Haitian Parliament; U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1381 1 (B) strengthen the rule of law in Haiti, in- 2 cluding by selecting judges in a transparent 3 manner; respect the independence of the judici- 4 ary; and improve governance by implementing 5 reforms to increase transparency and account- 6 ability; 7 (C) combat corruption, including by imple- 8 menting the anti-corruption law enacted in 9 2014 and prosecuting corrupt officials; and 10 (D) increase government revenues, includ- 11 ing by implementing tax reforms, and increase 12 expenditures on public services. 13 (3) HAITIAN COAST GUARD.—The Government 14 of Haiti shall be eligible to purchase defense articles 15 and services under the Arms Export Control Act (22 16 U.S.C. 2751 et seq.) for the Coast Guard. 17 (d) AIRCRAFT OPERATIONS AND MAINTENANCE.— 18 To the maximum extent practicable, the costs of oper19 ations and maintenance, including fuel, of aircraft funded 20 by this Act should be borne by the recipient country. 21 PROHIBITION OF PAYMENTS TO UNITED NATIONS 22 MEMBERS 23 SEC. 7046. None of the funds appropriated or made 24 available pursuant to titles III through VI of this Act for 25 carrying out the Foreign Assistance Act of 1961, may be December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1382 1 used to pay in whole or in part any assessments, arrear2 ages, or dues of any member of the United Nations or, 3 from funds appropriated by this Act to carry out chapter 4 1 of part I of the Foreign Assistance Act of 1961, the 5 costs for participation of another country’s delegation at 6 international conferences held under the auspices of multi7 lateral or international organizations. 8 9 WAR CRIMES TRIBUNALS SEC. 7047. If the President determines that doing so 10 will contribute to a just resolution of charges regarding 11 genocide or other violations of international humanitarian 12 law, the President may direct a drawdown pursuant to sec13 tion 552(c) of the Foreign Assistance Act of 1961 of up 14 to $30,000,000 of commodities and services for the United 15 Nations War Crimes Tribunal established with regard to 16 the former Yugoslavia by the United Nations Security 17 Council or such other tribunals or commissions as the 18 Council may establish or authorize to deal with such viola19 tions, without regard to the ceiling limitation contained 20 in paragraph (2) thereof: Provided, That the determina21 tion required under this section shall be in lieu of any de22 terminations otherwise required under section 552(c): Pro23 vided further, That funds made available pursuant to this 24 section shall be made available subject to the regular noti25 fication procedures of the Committees on Appropriations. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1383 1 UNITED NATIONS 2 3 SEC. 7048. (a) TRANSPARENCY AND ACCOUNT- ABILITY.— 4 (1) Of the funds appropriated under title I and 5 under the heading ‘‘International Organizations and 6 Programs’’ in title V of this Act that are available 7 for contributions to the United Nations (including 8 the Department of Peacekeeping Operations), any 9 United Nations agency, or the Organization of 10 American States, 15 percent may not be obligated 11 for such organization, department, or agency until 12 the Secretary of State reports to the Committees on 13 Appropriations that the organization, department, or 14 agency is— 15 (A) posting on a publicly available Web 16 site, consistent with privacy regulations and due 17 process, regular financial and programmatic au- 18 dits of such organization, department, or agen- 19 cy, and providing the United States Govern- 20 ment with necessary access to such financial 21 and performance audits; and 22 (B) effectively implementing and enforcing 23 policies and procedures which reflect best prac- 24 tices for the protection of whistleblowers from 25 retaliation, including best practices for— December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1384 1 (i) protection against retaliation for 2 internal and lawful public disclosures; 3 (ii) legal burdens of proof; 4 (iii) statutes of limitation for report- 5 ing retaliation; 6 (iv) access to independent adjudicative 7 bodies, including external arbitration; and 8 (v) results that eliminate the effects of 9 proven retaliation. 10 (2) The restrictions imposed by or pursuant to 11 paragraph (1) may be waived on a case-by-case basis 12 if the Secretary of State determines and reports to 13 the Committees on Appropriations that such waiver 14 is necessary to avert or respond to a humanitarian 15 crisis. 16 (b) RESTRICTIONS 17 TIONS AND ON UNITED NATIONS DELEGA- ORGANIZATIONS.— 18 (1) None of the funds made available under 19 title I of this Act may be used to pay expenses for 20 any United States delegation to any specialized 21 agency, body, or commission of the United Nations 22 if such agency, body, or commission is chaired or 23 presided over by a country, the government of which 24 the Secretary of State has determined, for purposes 25 of section 6(j)(1) of the Export Administration Act December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1385 1 of 1979 as continued in effect pursuant to the Inter- 2 national Emergency Economic Powers Act (50 3 U.S.C. App. 2405(j)(1)), supports international ter- 4 rorism. 5 (2) None of the funds made available under 6 title I of this Act may be used by the Secretary of 7 State as a contribution to any organization, agency, 8 commission, or program within the United Nations 9 system if such organization, agency, commission, or 10 program is chaired or presided over by a country the 11 government of which the Secretary of State has de- 12 termined, for purposes of section 620A of the For- 13 eign Assistance Act of 1961, section 40 of the Arms 14 Export Control Act, section 6(j)(1) of the Export 15 Administration Act of 1979, or any other provision 16 of law, is a government that has repeatedly provided 17 support for acts of international terrorism. 18 (3) The Secretary of State may waive the re- 19 striction in this subsection if the Secretary reports 20 to the Committees on Appropriations that to do so 21 is in the national interest of the United States. 22 (c) UNITED NATIONS HUMAN RIGHTS COUNCIL.— 23 None of the funds appropriated by this Act may be made 24 available in support of the United Nations Human Rights 25 Council unless the Secretary of State determines and re- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1386 1 ports to the Committees on Appropriations that participa2 tion in the Council is important to the national interest 3 of the United States and that the Council is taking steps 4 to remove Israel as a permanent agenda item: Provided, 5 That such report shall include a description of the national 6 interest served and the steps taken to remove Israel as 7 a permanent agenda item: Provided further, That the Sec8 retary of State shall report to the Committees on Appro9 priations not later than September 30, 2016, on the reso10 lutions considered in the United Nations Human Rights 11 Council during the previous 12 months, and on steps 12 taken to remove Israel as a permanent agenda item. 13 14 (d) UNITED NATIONS RELIEF CY.—Not AND WORKS AGEN- later than 45 days after enactment of this Act, 15 the Secretary of State shall submit a report in writing to 16 the Committees on Appropriations on whether the United 17 Nations Relief and Works Agency (UNRWA) is— 18 (1) utilizing Operations Support Officers in the 19 West Bank, Gaza, and other fields of operation to 20 inspect UNRWA installations and reporting any in- 21 appropriate use; 22 (2) acting promptly to address any staff or ben- 23 eficiary violation of its own policies (including the 24 policies on neutrality and impartiality of employees) December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1387 1 and the legal requirements under section 301(c) of 2 the Foreign Assistance Act of 1961; 3 (3) implementing procedures to maintain the 4 neutrality of its facilities, including implementing a 5 no-weapons policy, and conducting regular inspec- 6 tions of its installations, to ensure they are only 7 used for humanitarian or other appropriate pur- 8 poses; 9 (4) taking necessary and appropriate measures 10 to ensure it is operating in compliance with the con- 11 ditions of section 301(c) of the Foreign Assistance 12 Act of 1961 and continuing regular reporting to the 13 Department of State on actions it has taken to en- 14 sure conformance with such conditions; 15 (5) taking steps to ensure the content of all 16 educational materials currently taught in UNRWA- 17 administered schools and summer camps is con- 18 sistent with the values of human rights, dignity, and 19 tolerance and does not induce incitement; 20 (6) not engaging in operations with financial in- 21 stitutions or related entities in violation of relevant 22 United States law, and is taking steps to improve 23 the financial transparency of the organization; and 24 (7) in compliance with the United Nations 25 Board of Auditors’ biennial audit requirements and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1388 1 is implementing in a timely fashion the Board’s rec- 2 ommendations. 3 (e) UNITED NATIONS CAPITAL MASTER PLAN.— 4 None of the funds made available in this Act may be used 5 for the design, renovation, or construction of the United 6 Nations Headquarters in New York. 7 (f) WITHHOLDING REPORT.—Not later than 45 days 8 after enactment of this Act, the Secretary of State shall 9 submit a report to the Committees on Appropriations de10 tailing the amount of funds available for obligation or ex11 penditure in fiscal year 2016 for contributions to any or12 ganization, department, agency, or program within the 13 United Nations system or any international program that 14 are withheld from obligation or expenditure due to any 15 provision of law: Provided, That the Secretary of State 16 shall update such report each time additional funds are 17 withheld by operation of any provision of law: Provided 18 further, That the reprogramming of any withheld funds 19 identified in such report, including updates thereof, shall 20 be subject to prior consultation with, and the regular noti21 fication procedures of, the Committees on Appropriations. 22 23 COMMUNITY-BASED POLICE ASSISTANCE SEC. 7049. (a) AUTHORITY.—Funds made available 24 by titles III and IV of this Act to carry out the provisions 25 of chapter 1 of part I and chapters 4 and 6 of part II December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1389 1 of the Foreign Assistance Act of 1961, may be used, not2 withstanding section 660 of that Act, to enhance the effec3 tiveness and accountability of civilian police authority 4 through training and technical assistance in human rights, 5 the rule of law, anti-corruption, strategic planning, and 6 through assistance to foster civilian police roles that sup7 port democratic governance, including assistance for pro8 grams to prevent conflict, respond to disasters, address 9 gender-based violence, and foster improved police relations 10 with the communities they serve. 11 (b) NOTIFICATION.—Assistance provided under sub- 12 section (a) shall be subject to the regular notification pro13 cedures of the Committees on Appropriations. 14 15 PROHIBITION ON PROMOTION OF TOBACCO SEC. 7050. None of the funds provided by this Act 16 shall be available to promote the sale or export of tobacco 17 or tobacco products, or to seek the reduction or removal 18 by any foreign country of restrictions on the marketing 19 of tobacco or tobacco products, except for restrictions 20 which are not applied equally to all tobacco or tobacco 21 products of the same type. 22 23 INTERNATIONAL CONFERENCES SEC. 7051. None of the funds made available in this 24 Act may be used to send or otherwise pay for the attend25 ance of more than 50 employees of agencies or depart- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1390 1 ments of the United States Government who are stationed 2 in the United States, at any single international con3 ference occurring outside the United States, unless the 4 Secretary of State reports to the Committees on Appro5 priations at least 5 days in advance that such attendance 6 is important to the national interest: Provided, That for 7 purposes of this section the term ‘‘international con8 ference’’ shall mean a conference attended by representa9 tives of the United States Government and of foreign gov10 ernments, international organizations, or nongovern11 mental organizations. 12 13 AIRCRAFT TRANSFER AND COORDINATION SEC. 7052. (a) TRANSFER AUTHORITY.—Notwith- 14 standing any other provision of law or regulation, aircraft 15 procured with funds appropriated by this Act and prior 16 Acts making appropriations for the Department of State, 17 foreign operations, and related programs under the head18 ings ‘‘Diplomatic and Consular Programs’’, ‘‘International 19 Narcotics Control and Law Enforcement’’, ‘‘Andean 20 Counterdrug Initiative’’, and ‘‘Andean Counterdrug Pro21 grams’’ may be used for any other program and in any 22 region, including for the transportation of active and 23 standby Civilian Response Corps personnel and equipment 24 during a deployment: Provided, That the responsibility for 25 policy decisions and justification for the use of such trans- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1391 1 fer authority shall be the responsibility of the Secretary 2 of State and the Deputy Secretary of State and this re3 sponsibility shall not be delegated. 4 (b) PROPERTY DISPOSAL.—The authority provided 5 in subsection (a) shall apply only after the Secretary of 6 State determines and reports to the Committees on Appro7 priations that the equipment is no longer required to meet 8 programmatic purposes in the designated country or re9 gion: Provided, That any such transfer shall be subject 10 to prior consultation with, and the regular notification 11 procedures of, the Committees on Appropriations. 12 (c) AIRCRAFT COORDINATION.— 13 (1) The uses of aircraft purchased or leased by 14 the Department of State and the United States 15 Agency for International Development (USAID) 16 with funds made available in this Act or prior Acts 17 making appropriations for the Department of State, 18 foreign operations, and related programs shall be co- 19 ordinated under the authority of the appropriate 20 Chief of Mission: Provided, That such aircraft may 21 be used to transport, on a reimbursable or non-reim- 22 bursable basis, Federal and non-Federal personnel 23 supporting Department of State and USAID pro- 24 grams and activities: Provided further, That official 25 travel for other agencies for other purposes may be December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1392 1 supported on a reimbursable basis, or without reim- 2 bursement when traveling on a space available basis: 3 Provided further, That funds received by the Depart- 4 ment of State for the use of aircraft owned, leased, 5 or chartered by the Department of State may be 6 credited to the Working Capital Fund of the Depart- 7 ment and shall be available for expenses related to 8 the purchase, lease, maintenance, chartering, or op- 9 eration of such aircraft. 10 (2) The requirement and authorities of this 11 subsection shall only apply to aircraft, the primary 12 purpose of which is the transportation of personnel. 13 PARKING FINES AND REAL PROPERTY TAXES OWED BY 14 FOREIGN GOVERNMENTS 15 SEC. 7053. The terms and conditions of section 7055 16 of the Department of State, Foreign Operations, and Re17 lated Programs Appropriations Act, 2011 (division F of 18 Public Law 111–117) shall apply to this Act: Provided, 19 That the date ‘‘September 30, 2009’’ in subsection 20 (f)(2)(B) of such section shall be deemed to be ‘‘Sep21 tember 30, 2015’’. 22 23 LANDMINES AND CLUSTER MUNITIONS SEC. 7054. (a) LANDMINES.—Notwithstanding any 24 other provision of law, demining equipment available to 25 the United States Agency for International Development December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1393 1 and the Department of State and used in support of the 2 clearance of landmines and unexploded ordnance for hu3 manitarian purposes may be disposed of on a grant basis 4 in foreign countries, subject to such terms and conditions 5 as the Secretary of State may prescribe. 6 (b) CLUSTER MUNITIONS.—No military assistance 7 shall be furnished for cluster munitions, no defense export 8 license for cluster munitions may be issued, and no cluster 9 munitions or cluster munitions technology shall be sold or 10 transferred, unless— 11 (1) the submunitions of the cluster munitions, 12 after arming, do not result in more than 1 percent 13 unexploded ordnance across the range of intended 14 operational environments, and the agreement appli- 15 cable to the assistance, transfer, or sale of such clus- 16 ter munitions or cluster munitions technology speci- 17 fies that the cluster munitions will only be used 18 against clearly defined military targets and will not 19 be used where civilians are known to be present or 20 in areas normally inhabited by civilians; or 21 (2) such assistance, license, sale, or transfer is 22 for the purpose of demilitarizing or permanently dis- 23 posing of such cluster munitions. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1394 1 2 PROHIBITION ON PUBLICITY OR PROPAGANDA SEC. 7055. No part of any appropriation contained 3 in this Act shall be used for publicity or propaganda pur4 poses within the United States not authorized before the 5 date of the enactment of this Act by Congress: Provided, 6 That not to exceed $25,000 may be made available to 7 carry out the provisions of section 316 of the International 8 Security and Development Cooperation Act of 1980 (Pub9 lic Law 96–533). 10 11 CONSULAR IMMUNITY SEC. 7056. The Secretary of State, with the concur- 12 rence of the Attorney General, may, on the basis of reci13 procity and under such terms and conditions as the Sec14 retary may determine, specify privileges and immunities 15 for a consular post, the members of a consular post and 16 their families which result in more favorable or less favor17 able treatment than is provided in the Vienna Convention 18 on Consular Relations, of April 24, 1963 (T.I.A.S. 6820), 19 entered into force for the United States December 24, 20 1969: Provided, That prior to exercising the authority of 21 this section, the Secretary shall consult with the appro22 priate congressional committees on the circumstances that 23 may warrant the need for privileges and immunities pro24 viding more favorable or less favorable treatment specified 25 under such Convention. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1395 1 UNITED STATES AGENCY FOR INTERNATIONAL 2 DEVELOPMENT MANAGEMENT 3 SEC. 7057. (a) AUTHORITY.—Up to $93,000,000 of 4 the funds made available in title III of this Act pursuant 5 to or to carry out the provisions of part I of the Foreign 6 Assistance Act of 1961, including funds appropriated 7 under the heading ‘‘Assistance for Europe, Eurasia and 8 Central Asia’’, may be used by the United States Agency 9 for International Development (USAID) to hire and em10 ploy individuals in the United States and overseas on a 11 limited appointment basis pursuant to the authority of 12 sections 308 and 309 of the Foreign Service Act of 1980. 13 (b) RESTRICTIONS.— 14 (1) The number of individuals hired in any fis- 15 cal year pursuant to the authority contained in sub- 16 section (a) may not exceed 175. 17 (2) The authority to hire individuals contained 18 in subsection (a) shall expire on September 30, 19 2017. 20 (c) CONDITIONS.—The authority of subsection (a) 21 should only be used to the extent that an equivalent num22 ber of positions that are filled by personal services contrac23 tors or other non-direct hire employees of USAID, who 24 are compensated with funds appropriated to carry out part 25 I of the Foreign Assistance Act of 1961, including funds December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1396 1 appropriated under the heading ‘‘Assistance for Europe, 2 Eurasia and Central Asia’’, are eliminated. 3 (d) PROGRAM ACCOUNT CHARGED.—The account 4 charged for the cost of an individual hired and employed 5 under the authority of this section shall be the account 6 to which the responsibilities of such individual primarily 7 relate: Provided, That funds made available to carry out 8 this section may be transferred to, and merged with, funds 9 appropriated by this Act in title II under the heading ‘‘Op10 erating Expenses’’. 11 (e) FOREIGN SERVICE LIMITED EXTENSIONS.—Indi- 12 viduals hired and employed by USAID, with funds made 13 available in this Act or prior Acts making appropriations 14 for the Department of State, foreign operations, and re15 lated programs, pursuant to the authority of section 309 16 of the Foreign Service Act of 1980, may be extended for 17 a period of up to 4 years notwithstanding the limitation 18 set forth in such section. 19 (f) DISASTER SURGE CAPACITY.—Funds appro- 20 priated under title III of this Act to carry out part I of 21 the Foreign Assistance Act of 1961, including funds ap22 propriated under the heading ‘‘Assistance for Europe, 23 Eurasia and Central Asia’’, may be used, in addition to 24 funds otherwise available for such purposes, for the cost 25 (including the support costs) of individuals detailed to or December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1397 1 employed by USAID whose primary responsibility is to 2 carry out programs in response to natural disasters, or 3 man-made disasters subject to the regular notification 4 procedures of the Committees on Appropriations. 5 (g) PERSONAL SERVICES CONTRACTORS.—Funds ap- 6 propriated by this Act to carry out chapter 1 of part I, 7 chapter 4 of part II, and section 667 of the Foreign As8 sistance Act of 1961, and title II of the Food for Peace 9 Act (Public Law 83–480), may be used by USAID to em10 ploy up to 40 personal services contractors in the United 11 States, notwithstanding any other provision of law, for the 12 purpose of providing direct, interim support for new or 13 expanded overseas programs and activities managed by 14 the agency until permanent direct hire personnel are hired 15 and trained: Provided, That not more than 15 of such con16 tractors shall be assigned to any bureau or office: Provided 17 further, That such funds appropriated to carry out title 18 II of the Food for Peace Act (Public Law 83–480), may 19 be made available only for personal services contractors 20 assigned to the Office of Food for Peace. 21 (h) SMALL BUSINESS.—In entering into multiple 22 award indefinite-quantity contracts with funds appro23 priated by this Act, USAID may provide an exception to 24 the fair opportunity process for placing task orders under December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1398 1 such contracts when the order is placed with any category 2 of small or small disadvantaged business. 3 4 (i) SENIOR FOREIGN SERVICE LIMITED APPOINTMENTS.—Individuals hired pursuant to the authority pro- 5 vided by section 7059(o) of the Department of State, For6 eign Operations, and Related Programs Appropriations 7 Act, 2011 (division F of Public Law 111–117) may be 8 assigned to or support programs in Afghanistan or Paki9 stan with funds made available in this Act and prior Acts 10 making appropriations for the Department of State, for11 eign operations, and related programs. 12 13 GLOBAL HEALTH ACTIVITIES SEC. 7058. (a) IN GENERAL.—Funds appropriated 14 by titles III and IV of this Act that are made available 15 for bilateral assistance for child survival activities or dis16 ease programs including activities relating to research on, 17 and the prevention, treatment and control of, HIV/AIDS 18 may be made available notwithstanding any other provi19 sion of law except for provisions under the heading ‘‘Glob20 al Health Programs’’ and the United States Leadership 21 Against HIV/AIDS, Tuberculosis, and Malaria Act of 22 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amend23 ed: Provided, That of the funds appropriated under title 24 III of this Act, not less than $575,000,000 should be made 25 available for family planning/reproductive health, includ- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1399 1 ing in areas where population growth threatens biodiver2 sity or endangered species. 3 (b) GLOBAL FUND.—Of the funds appropriated by 4 this Act that are available for a contribution to the Global 5 Fund to Fight AIDS, Tuberculosis and Malaria (Global 6 Fund), 10 percent should be withheld from obligation until 7 the Secretary of State determines and reports to the Com8 mittees on Appropriations that the Global Fund is— 9 (1) maintaining and implementing a policy of 10 transparency, including the authority of the Global 11 Fund Office of the Inspector General (OIG) to pub- 12 lish OIG reports on a public Web site; 13 14 15 16 (2) providing sufficient resources to maintain an independent OIG that— (A) reports directly to the Board of the Global Fund; 17 (B) maintains a mandate to conduct thor- 18 ough investigations and programmatic audits, 19 free from undue interference; and 20 (C) compiles regular, publicly published 21 audits and investigations of financial, pro- 22 grammatic, and reporting aspects of the Global 23 Fund, its grantees, recipients, sub-recipients, 24 and Local Fund Agents; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1400 1 (3) effectively implementing and enforcing poli- 2 cies and procedures which reflect best practices for 3 the protection of whistleblowers from retaliation, in- 4 cluding best practices for— 5 (A) protection against retaliation for inter- 6 nal and lawful public disclosures; 7 (B) legal burdens of proof; 8 (C) statutes of limitation for reporting re- 9 taliation; 10 (D) access to independent adjudicative 11 bodies, including external arbitration; and 12 (E) results that eliminate the effects of 13 proven retaliation; and 14 (4) implementing the recommendations con- 15 tained in the Consolidated Transformation Plan ap- 16 proved by the Board of the Global Fund on Novem- 17 ber 21, 2011: 18 Provided, That such withholding shall not be in addition 19 to funds that are withheld from the Global Fund in fiscal 20 year 2016 pursuant to the application of any other provi21 sion contained in this or any other Act. 22 (c) 23 BREAKS.—If CONTAGIOUS INFECTIOUS DISEASE OUT- the Secretary of State determines and re- 24 ports to the Committees on Appropriations that an inter25 national infectious disease outbreak is sustained, severe, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1401 1 and is spreading internationally, or that it is in the na2 tional interest to respond to a Public Health Emergency 3 of International Concern, funds made available under title 4 III of this Act may be made available to combat such in5 fectious disease or public health emergency: Provided, 6 That funds made available pursuant to the authority of 7 this subsection shall be subject to prior consultation with, 8 and the regular notification procedures of, the Committees 9 on Appropriations. 10 11 GENDER EQUALITY SEC. 7059. (a) GENDER EQUALITY.—Funds appro- 12 priated by this Act shall be made available to promote gen13 der equality in United States Government diplomatic and 14 development efforts by raising the status, increasing the 15 participation, and protecting the rights of women and girls 16 worldwide. 17 (b) WOMEN’S LEADERSHIP.—Of the funds appro- 18 priated by title III of this Act, not less than $50,000,000 19 shall be made available to increase leadership opportuni20 ties for women in countries where women and girls suffer 21 discrimination due to law, policy, or practice, by strength22 ening protections for women’s political status, expanding 23 women’s participation in political parties and elections, 24 and increasing women’s opportunities for leadership posi- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1402 1 tions in the public and private sectors at the local, provin2 cial, and national levels. 3 (c) GENDER-BASED VIOLENCE.— 4 (1)(A) Of the funds appropriated by titles III 5 and IV of this Act, not less than $150,000,000 shall 6 be made available to implement a multi-year strat- 7 egy to prevent and respond to gender-based violence 8 in countries where it is common in conflict and non- 9 conflict settings. 10 (B) Funds appropriated by titles III and IV of 11 this Act that are available to train foreign police, ju- 12 dicial, and military personnel, including for inter- 13 national peacekeeping operations, shall address, 14 where appropriate, prevention and response to gen- 15 der-based violence and trafficking in persons, and 16 shall promote the integration of women into the po- 17 lice and other security forces. 18 (2) Department of State and United States 19 Agency for International Development gender pro- 20 grams shall incorporate coordinated efforts to com- 21 bat a variety of forms of gender-based violence, in- 22 cluding child marriage, rape, female genital cutting 23 and mutilation, and domestic violence, among other 24 forms of gender-based violence in conflict and non- 25 conflict settings. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1403 1 (d) WOMEN, PEACE, AND SECURITY.—Funds appro- 2 priated by this Act under the headings ‘‘Development As3 sistance’’, ‘‘Economic Support Fund’’, and ‘‘International 4 Narcotics Control and Law Enforcement’’ should be made 5 available to support a multi-year strategy to expand, and 6 improve coordination of, United States Government ef7 forts to empower women as equal partners in conflict pre8 vention, peace building, transitional processes, and recon9 struction efforts in countries affected by conflict or in po10 litical transition, and to ensure the equitable provision of 11 relief and recovery assistance to women and girls. 12 13 SECTOR ALLOCATIONS SEC. 7060. (a) BASIC EDUCATION AND HIGHER 14 EDUCATION.— 15 (1) BASIC EDUCATION.— 16 (A) Of the funds appropriated under title 17 III of this Act, not less than $800,000,000 18 should be made available for assistance for 19 basic education, and such funds may be made 20 available notwithstanding any provision of law 21 that restricts assistance to foreign countries, ex- 22 cept for the conditions provided in this sub- 23 section: Provided, That such funds should only 24 be used to implement the stated objectives of 25 basic education programs for each Country De- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1404 1 velopment Cooperation Strategy or similar 2 strategy regarding basic education established 3 by the United States Agency for International 4 Development (USAID). 5 (B) Not later than 30 days after enact- 6 ment of this Act, the USAID Administrator 7 shall report to the Committees on Appropria- 8 tions on the status of cumulative unobligated 9 balances and obligated, but unexpended, bal- 10 ances in each country where USAID provides 11 basic education assistance and such report shall 12 also include details on the types of contracts 13 and grants provided and the goals and objec- 14 tives of such assistance: Provided, That the 15 USAID Administrator shall update such report 16 on a monthly basis during fiscal year 2016: 17 Provided further, That if the USAID Adminis- 18 trator determines that any unobligated balances 19 of funds specifically designated for assistance 20 for basic education in prior Acts making appro- 21 priations for the Department of State, foreign 22 operations, and related programs are in excess 23 of the absorptive capacity of recipient countries, 24 such funds may be made available for other 25 programs authorized under chapter 1 of part I December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1405 1 of the Foreign Assistance Act of 1961, notwith- 2 standing such funding designation: Provided 3 further, That the authority of the previous pro- 4 viso shall be subject to prior consultation with, 5 and the regular notification procedures of, the 6 Committees on Appropriations. 7 (C) Of the funds appropriated under title 8 III of this Act for assistance for basic education 9 programs, not less than $70,000,000 shall be 10 made available for a contribution to multilateral 11 partnerships that support education. 12 (2) HIGHER EDUCATION.—Of the funds appro- 13 priated by title III of this Act, not less than 14 $225,000,000 shall be made available for assistance 15 for higher education, including not less than 16 $35,000,000 for new partnerships between higher 17 education institutions in the United States and de- 18 veloping countries: Provided, That such funds may 19 be made available notwithstanding any other provi- 20 sion of law that restricts assistance to foreign coun- 21 tries, and shall be subject to the regular notification 22 procedures of the Committees on Appropriations. 23 (b) DEVELOPMENT PROGRAMS.—Of the funds appro- 24 priated by this Act under the heading ‘‘Development As25 sistance’’, not less than $26,000,000 shall be made avail- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1406 1 able for the American Schools and Hospitals Abroad pro2 gram, and not less than $11,000,000 shall be made avail3 able for cooperative development programs of USAID. 4 (c) ENVIRONMENT PROGRAMS.— 5 (1) AUTHORITY.—Funds appropriated by this 6 Act to carry out the provisions of sections 103 7 through 106, and chapter 4 of part II, of the For- 8 eign Assistance Act of 1961 may be used, notwith- 9 standing any other provision of law except for the 10 provisions of this subsection and only subject to the 11 reporting procedures of the Committees on Appro- 12 priations, to support environment programs. 13 14 (2) CONSERVATION PROGRAMS AND LIMITA- TIONS.— 15 (A) Of the funds appropriated under title 16 III of this Act, not less than $265,000,000 17 shall be made available for biodiversity con- 18 servation programs. 19 (B) Not less than $80,000,000 of the 20 funds appropriated under titles III and IV of 21 this Act shall be made available to combat the 22 transnational threat of wildlife poaching and 23 trafficking. 24 (C) None of the funds appropriated under 25 title IV of this Act may be made available for December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1407 1 training or other assistance for any military 2 unit or personnel that the Secretary of State 3 determines has been credibly alleged to have 4 participated in wildlife poaching or trafficking, 5 unless the Secretary reports to the Committees 6 on Appropriations that to do so is in the na- 7 tional security interests of the United States. 8 (D) Funds appropriated by this Act for 9 biodiversity programs shall not be used to sup- 10 port the expansion of industrial scale logging or 11 any other industrial scale extractive activity 12 into areas that were primary/intact tropical for- 13 ests as of December 30, 2013, and the Sec- 14 retary of the Treasury shall instruct the United 15 States executive directors of each international 16 financial institutions (IFI) to vote against any 17 financing of any such activity. 18 (3) LARGE DAMS.—The Secretary of the Treas- 19 ury shall instruct the United States executive direc- 20 tor of each IFI that it is the policy of the United 21 States to vote in relation to any loan, grant, strat- 22 egy, or policy of such institution to support the con- 23 struction of any large dam consistent with the cri- 24 teria set forth in Senate Report 114–79, while also December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1408 1 considering whether the project involves important 2 foreign policy objectives. 3 (4) SUSTAINABLE LANDSCAPES.—Of the funds 4 appropriated under title III of this Act, not less than 5 $123,500,000 shall be made available for sustainable 6 landscape programs. 7 (5) TRANSFER OF FUNDS.—Of the funds ap- 8 propriated by this Act under the heading ‘‘Economic 9 Support Fund’’, $9,720,000 shall be transferred to, 10 and merged with, funds appropriated under the 11 heading ‘‘Contribution to the Strategic Climate 12 Fund’’, and such transfer shall occur not later than 13 120 days after the date of enactment of this Act. 14 (d) FOOD SECURITY 15 AND AGRICULTURAL DEVELOP- MENT.— 16 (1) Of the funds appropriated by title III of 17 this Act, not less than $1,000,600,000 should be 18 made available for food security and agricultural de- 19 velopment programs, of which not less than 20 $50,000,000 shall be made available for the Feed 21 the Future Innovation Labs: Provided, That such 22 funds may be made available notwithstanding any 23 other provision of law to prevent or address food 24 shortages, and for a United States contribution to 25 the endowment of the Global Crop Diversity Trust. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1409 1 (2) Funds appropriated under title III of this 2 Act may be made available as a contribution to the 3 Global Agriculture and Food Security Program if 4 such contribution will not cause the United States to 5 exceed 33 percent of the total amount of funds con- 6 tributed to such Program. 7 (e) MICROENTERPRISE 8 funds appropriated by AND this MICROFINANCE.—Of the Act, not less than 9 $265,000,000 should be made available for microenter10 prise and microfinance development programs for the 11 poor, especially women. 12 13 (f) PROGRAMS TO COMBAT TRAFFICKING SONS AND 14 IN PER- MODERN SLAVERY.— (1) TRAFFICKING IN PERSONS.— 15 (A) Of the funds appropriated by this Act 16 under the headings ‘‘Development Assistance’’, 17 ‘‘Economic Support Fund’’, ‘‘Assistance for Eu- 18 rope, Eurasia and Central Asia’’, and ‘‘Inter- 19 national Narcotics Control and Law Enforce- 20 ment’’, not less than $60,000,000 shall be made 21 available for activities to combat trafficking in 22 persons internationally. 23 (B) Funds made available in the previous 24 paragraph shall be made available to support a 25 multifaceted approach to combat human traf- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1410 1 ficking in Guatemala: Provided, That the Sec- 2 retary of State shall consult with the Commit- 3 tees on Appropriations, not later than 30 days 4 after enactment of this Act, on the use of such 5 funds. 6 (2) MODERN SLAVERY.—Of the funds appro- 7 priated by this Act under the headings ‘‘Develop- 8 ment Assistance’’ and ‘‘International Narcotics Con- 9 trol and Law Enforcement’’, in addition to funds 10 made 11 $25,000,000 shall be made available for a grant or 12 grants, to be awarded on an open and competitive 13 basis, to reduce the prevalence of modern slavery 14 globally: Provided, That such funds shall only be 15 made available in fiscal year 2016 to carry out the 16 End Modern Slavery Initiative Act of 2015 (S. 553, 17 114th Congress), as reported to the Senate, if such 18 bill is enacted into law: Provided further, That if 19 such bill is not enacted into law in fiscal year 2016, 20 funds made available pursuant to this subsection 21 shall be made available for other programs to com- 22 bat trafficking in persons and modern slavery, fol- 23 lowing consultation with the appropriate congres- 24 sional committees. December 16, 2015 (1:04 a.m.) available pursuant to paragraph (1), U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1411 1 (g) RECONCILIATION PROGRAMS.—Of the funds ap- 2 propriated by this Act under the headings ‘‘Economic 3 Support Fund’’ and ‘‘Development Assistance’’, not less 4 than $26,000,000 shall be made available to support peo5 ple-to-people reconciliation programs which bring together 6 individuals of different ethnic, religious, and political 7 backgrounds from areas of civil strife and war: Provided, 8 That the USAID Administrator shall consult with the 9 Committees on Appropriations, prior to the initial obliga10 tion of funds, on the uses of such funds, and such funds 11 shall be subject to the regular notification procedures of 12 the Committees on Appropriations: Provided further, That 13 to the maximum extent practicable, such funds shall be 14 matched by sources other than the United States Govern15 ment. 16 (h) WATER AND SANITATION.—Of the funds appro- 17 priated by this Act, not less than $400,000,000 shall be 18 made available for water supply and sanitation projects 19 pursuant to the Senator Paul Simon Water for the Poor 20 Act of 2005 (Public Law 109–121), of which not less than 21 $145,000,000 shall be for programs in sub-Saharan Afri22 ca, and of which not less than $14,000,000 shall be made 23 available for programs to design and build safe, public la24 trines in Africa and Asia. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1412 1 OVERSEAS PRIVATE INVESTMENT CORPORATION 2 SEC. 7061. (a) TRANSFER.—Whenever the President 3 determines that it is in furtherance of the purposes of the 4 Foreign Assistance Act of 1961, up to a total of 5 $20,000,000 of the funds appropriated under title III of 6 this Act may be transferred to, and merged with, funds 7 appropriated by this Act for the Overseas Private Invest8 ment Corporation Program Account, to be subject to the 9 terms and conditions of that account: Provided, That such 10 funds shall not be available for administrative expenses 11 of the Overseas Private Investment Corporation: Provided 12 further, That designated funding levels in this Act shall 13 not be transferred pursuant to this section: Provided fur14 ther, That the exercise of such authority shall be subject 15 to the regular notification procedures of the Committees 16 on Appropriations. 17 (b) AUTHORITY.—Notwithstanding section 235(a)(2) 18 of the Foreign Assistance Act of 1961, the authority of 19 subsections (a) through (c) of section 234 of such Act 20 shall remain in effect until September 30, 2016. 21 22 ARMS TRADE TREATY SEC. 7062. None of the funds appropriated by this 23 Act may be obligated or expended to implement the Arms 24 Trade Treaty until the Senate approves a resolution of 25 ratification for the Treaty. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1413 1 COUNTRIES IMPACTED BY SIGNIFICANT REFUGEE 2 POPULATIONS OR INTERNALLY DISPLACED PERSONS 3 SEC. 7063. Funds appropriated by this Act under the 4 headings ‘‘Development Assistance’’ and ‘‘Economic Sup5 port Fund’’ shall be made available for programs in coun6 tries affected by significant populations of internally dis7 placed persons or refugees to— 8 (1) expand and improve host government social 9 services and basic infrastructure to accommodate the 10 needs of such populations and persons; 11 (2) alleviate the social and economic strains 12 placed on host communities; 13 (3) improve coordination of such assistance in 14 a more effective and sustainable manner; and 15 (4) leverage increased assistance from donors 16 other than the United States Government for central 17 governments and local communities in such coun- 18 tries. 19 REPORTING REQUIREMENTS CONCERNING INDIVIDUALS 20 ´NAMO BAY, CUBA DETAINED AT NAVAL STATION, GUANTA 21 SEC. 7064. Not later than 5 days after the conclusion 22 of an agreement with a country, including a state with 23 a compact of free association with the United States, to 24 receive by transfer or release individuals detained at 25 United States Naval Station, Guanta´namo Bay, Cuba, the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1414 1 Secretary of State shall notify the Committees on Appro2 priations in writing of the terms of the agreement, includ3 ing whether funds appropriated by this Act or prior Acts 4 making appropriations for the Department of State, for5 eign operations, and related programs will be made avail6 able for assistance for such country pursuant to such 7 agreement. 8 9 MULTI-YEAR PLEDGES SEC. 7065. None of the funds appropriated by this 10 Act may be used to make any pledge for future year fund11 ing for any multilateral or bilateral program funded in ti12 tles III through VI of this Act unless such pledge was— 13 (1) previously justified, including the projected 14 future year costs, in a congressional budget justifica- 15 tion; 16 (2) included in an Act making appropriations 17 for the Department of State, foreign operations, and 18 related programs or previously authorized by an Act 19 of Congress; 20 (3) notified in accordance with the regular noti- 21 fication procedures of the Committees on Appropria- 22 tions, including the projected future year costs; or 23 (4) the subject of prior consultation with the 24 Committees on Appropriations and such consultation December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1415 1 was conducted at least 7 days in advance of the 2 pledge. 3 4 PROHIBITION ON USE OF TORTURE SEC. 7066. (a) LIMITATION.—None of the funds 5 made available in this Act may be used to support or jus6 tify the use of torture, cruel, or inhumane treatment by 7 any official or contract employee of the United States Gov8 ernment. 9 (b) ASSISTANCE TO ELIMINATE TORTURE.—Funds 10 appropriated under titles III and IV of this Act shall be 11 made available, notwithstanding section 660 of the For12 eign Assistance Act of 1961 and following consultation 13 with the Committees on Appropriations, for assistance to 14 eliminate torture by foreign police, military or other secu15 rity forces in countries receiving assistance from funds ap16 propriated by this Act. 17 18 EXTRADITION SEC. 7067. (a) LIMITATION.—None of the funds ap- 19 propriated in this Act may be used to provide assistance 20 (other than funds provided under the headings ‘‘Inter21 national Disaster Assistance’’, ‘‘Complex Crises Fund’’, 22 ‘‘International Narcotics Control and Law Enforcement’’, 23 ‘‘Migration and Refugee Assistance’’, ‘‘United States 24 Emergency Refugee and Migration Assistance Fund’’, and 25 ‘‘Nonproliferation, Anti-terrorism, Demining and Related December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1416 1 Assistance’’) for the central government of a country 2 which has notified the Department of State of its refusal 3 to extradite to the United States any individual indicted 4 for a criminal offense for which the maximum penalty is 5 life imprisonment without the possibility of parole or for 6 killing a law enforcement officer, as specified in a United 7 States extradition request. 8 (b) CLARIFICATION.—Subsection (a) shall only apply 9 to the central government of a country with which the 10 United States maintains diplomatic relations and with 11 which the United States has an extradition treaty and the 12 government of that country is in violation of the terms 13 and conditions of the treaty. 14 (c) WAIVER.—The Secretary of State may waive the 15 restriction in subsection (a) on a case-by-case basis if the 16 Secretary certifies to the Committees on Appropriations 17 that such waiver is important to the national interests of 18 the United States. 19 20 COMMERCIAL LEASING OF DEFENSE ARTICLES SEC. 7068. Notwithstanding any other provision of 21 law, and subject to the regular notification procedures of 22 the Committees on Appropriations, the authority of sec23 tion 23(a) of the Arms Export Control Act may be used 24 to provide financing to Israel, Egypt, and the North Atlan25 tic Treaty Organization (NATO), and major non-NATO December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1417 1 allies for the procurement by leasing (including leasing 2 with an option to purchase) of defense articles from 3 United States commercial suppliers, not including Major 4 Defense Equipment (other than helicopters and other 5 types of aircraft having possible civilian application), if the 6 President determines that there are compelling foreign 7 policy or national security reasons for those defense arti8 cles being provided by commercial lease rather than by 9 government-to-government sale under such Act. 10 INDEPENDENT STATES OF THE FORMER SOVIET UNION 11 SEC. 7069. (a) ASSISTANCE FOR UKRAINE.—Of the 12 funds appropriated by this Act under titles III through 13 VI, not less than $658,185,000 shall be made available 14 for assistance for Ukraine. 15 (b) LIMITATION.—None of the funds appropriated by 16 this Act may be made available for assistance for a govern17 ment of an Independent State of the former Soviet Union 18 if that government directs any action in violation of the 19 territorial integrity or national sovereignty of any other 20 Independent State of the former Soviet Union, such as 21 those violations included in the Helsinki Final Act: Pro22 vided, That except as otherwise provided in section 23 7070(a) of this Act, funds may be made available without 24 regard to the restriction in this subsection if the President 25 determines that to do so is in the national security interest December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1418 1 of the United States: Provided further, That prior to exe2 cuting the authority contained in this subsection the De3 partment of State shall consult with the Committees on 4 Appropriations on how such assistance supports the na5 tional security interest of the United States. 6 (c) SECTION 907 OF THE FREEDOM SUPPORT 7 ACT.—Section 907 of the FREEDOM Support Act shall 8 not apply to— 9 (1) activities to support democracy or assist- 10 ance under title V of the FREEDOM Support Act 11 and section 1424 of the Defense Against Weapons 12 of Mass Destruction Act of 1996 (50 U.S.C. 2333) 13 or non-proliferation assistance; 14 (2) any assistance provided by the Trade and 15 Development Agency under section 661 of the For- 16 eign Assistance Act of 1961 (22 U.S.C. 2421); 17 (3) any activity carried out by a member of the 18 United States and Foreign Commercial Service while 19 acting within his or her official capacity; 20 (4) any insurance, reinsurance, guarantee, or 21 other assistance provided by the Overseas Private 22 Investment Corporation under title IV of chapter 2 23 of part I of the Foreign Assistance Act of 1961 (22 24 U.S.C. 2191 et seq.); December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1419 1 2 3 (5) any financing provided under the ExportImport Bank Act of 1945; or (6) humanitarian assistance. 4 5 RUSSIA SEC. 7070. (a) LIMITATION.—None of the funds ap- 6 propriated by this Act may be made available for assist7 ance for the central Government of the Russian Federa8 tion. 9 (b) DETERMINATION AND CONDITIONS.— 10 (1) None of the funds appropriated by this Act 11 may be made available for assistance for the central 12 government of a country that the Secretary of State 13 determines and reports to the Committees on Appro- 14 priations has taken affirmative steps intended to 15 support or be supportive of the Russian Federation 16 annexation of Crimea: Provided, That except as oth- 17 erwise provided in subsection (a), the Secretary may 18 waive the restriction on assistance required by this 19 paragraph if the Secretary certifies to such Commit- 20 tees that to do so is in the national interest of the 21 United States, and includes a justification for such 22 interest. 23 24 December 16, 2015 (1:04 a.m.) (2) None of the funds appropriated by this Act may be made available for— U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1420 1 (A) the implementation of any action or 2 policy that recognizes the sovereignty of the 3 Russian Federation over Crimea; 4 (B) the facilitation, financing, or guarantee 5 of United States Government investments in 6 Crimea, if such activity includes the participa- 7 tion of Russian Government officials, or other 8 Russian owned or controlled financial entities; 9 or 10 (C) assistance for Crimea, if such assist- 11 ance includes the participation of Russian Gov- 12 ernment officials, or other Russian owned or 13 controlled financial entities. 14 (3) The Secretary of the Treasury shall instruct 15 the United States executive directors of each inter- 16 national financial institution to vote against any as- 17 sistance by such institution (including but not lim- 18 ited to any loan, credit, or guarantee) for any pro- 19 gram that violates the sovereignty or territorial in- 20 tegrity of Ukraine. 21 (4) The requirements and limitations of this 22 subsection shall cease to be in effect if the Secretary 23 of State certifies and reports to the Committees on 24 Appropriations that the Government of Ukraine has 25 reestablished sovereignty over Crimea. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1421 1 (c) ASSISTANCE TO REDUCE VULNERABILITY AND 2 PRESSURE.—Funds appropriated by this Act for assist3 ance for the Eastern Partnership countries shall be made 4 available to advance the implementation of Association 5 Agreements and trade agreements with the European 6 Union, and to reduce their vulnerability to external eco7 nomic and political pressure from the Russian Federation. 8 (d) DEMOCRACY PROGRAMS.—Funds appropriated 9 by this Act shall be made available to support the advance10 ment of democracy and the rule of law in the Russian Fed11 eration, including to promote Internet freedom, and shall 12 also be made available to support the democracy and rule 13 of law strategy required by section 7071(d) of the Depart14 ment of State, Foreign Operations, and Related Programs 15 Appropriations Act, 2014 (division K of Public Law 113– 16 76). 17 (e) REPORTS.—Not later than 45 days after enact- 18 ment of this Act, the Secretary of State shall update the 19 reports required by section 7071(b)(2), (c), and (e) of the 20 Department of State, Foreign Operations, and Related 21 Programs Appropriations Act, 2014 (division K of Public 22 Law 113–76). 23 24 INTERNATIONAL MONETARY FUND SEC. 7071. (a) EXTENSIONS.—The terms and condi- 25 tions of sections 7086(b) (1) and (2) and 7090(a) of the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1422 1 Department of State, Foreign Operations, and Related 2 Programs Appropriations Act, 2010 (division F of Public 3 Law 111–117) shall apply to this Act. 4 (b) REPAYMENT.—The Secretary of the Treasury 5 shall instruct the United States Executive Director of the 6 International Monetary Fund (IMF) to seek to ensure 7 that any loan will be repaid to the IMF before other pri8 vate creditors. 9 SPECIAL DEFENSE ACQUISITION FUND 10 SEC. 7072. Not to exceed $900,000,000 may be obli- 11 gated pursuant to section 51(c)(2) of the Arms Export 12 Control Act for the purposes of the Special Defense Acqui13 sition Fund (Fund), to remain available for obligation 14 until September 30, 2018: Provided, That the provision 15 of defense articles and defense services to foreign coun16 tries or international organizations from the Fund shall 17 be subject to the concurrence of the Secretary of State. 18 COUNTERING FOREIGN FIGHTERS AND VIOLENT 19 EXTREMIST ORGANIZATIONS 20 21 SEC. 7073. (a) COUNTERING FOREIGN FIGHTERS AND VIOLENT EXTREMIST ORGANIZATIONS.—Funds ap- 22 propriated under titles III and IV of this Act shall be 23 made available for programs to— 24 (1) counter the flow of foreign fighters to coun- 25 tries in which violent extremists or violent extremist December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1423 1 organizations operate, including those entities des- 2 ignated as foreign terrorist organizations (FTOs) 3 pursuant to section 219 of the Immigration and Na- 4 tionality 5 through programs with partner governments and 6 multilateral organizations to— 7 8 9 10 Act (Public Law 82–814), including (A) counter recruitment campaigns by such entities; (B) detect and disrupt foreign fighter travel, particularly at points of origin; 11 (C) implement antiterrorism programs; 12 (D) secure borders, including points of in- 13 14 15 filtration and exfiltration by such entities; (E) implement and establish criminal laws and policies to counter foreign fighters; and 16 (F) arrest, investigate, prosecute, and in- 17 carcerate terrorist suspects, facilitators, and 18 financiers; and 19 (2) reduce public support for violent extremists 20 or violent extremist organizations, including FTOs, 21 by addressing the specific drivers of radicalization, 22 including through such activities as— 23 24 December 16, 2015 (1:04 a.m.) (A) public messaging campaigns to damage their appeal; U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1424 1 (B) programs to engage communities and 2 populations 3 radicalization and recruitment; 4 (C) at risk of violent counter-radicalization extremist and de- 5 radicalization activities for potential and former 6 violent extremists and returning foreign fight- 7 ers, including in prisons; 8 9 (D) law enforcement training programs; and 10 (E) capacity building for civil society orga- 11 nizations to combat radicalization in local com- 12 munities. 13 (b) STRENGTHENING THE STATE SYSTEM.— 14 (1) Funds appropriated under titles III and IV 15 of this Act shall be made available for programs to 16 strengthen the state system and counter violent ex- 17 tremists and violent extremist organizations, includ- 18 ing FTOs, by supporting security and governance 19 programs in countries whose stability and legitimacy 20 are directly threatened by violence against state in- 21 stitutions by such entities, including at the national 22 and local levels, and in fragile states bordering such 23 countries. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1425 1 (2) Programs funded pursuant to paragraph 2 (1) shall prioritize activities to improve governance, 3 including by— 4 (A) promoting civil society; 5 (B) strengthening the rule of law; 6 (C) professionalizing security services; 7 (D) increasing transparency and account- 8 9 10 11 ability; (E) combating corruption; and (F) protecting human rights. (c) REQUIREMENTS.— 12 (1) The Secretary of State shall ensure that the 13 programs described in subsection (a) are coordinated 14 with and complement the efforts of other United 15 States Government agencies and international part- 16 ners, and that such programs are consistent with all 17 applicable laws, regulations, and policies regarding 18 the use of foreign assistance funds: Provided, That 19 the Secretary shall also ensure that information 20 gained through the conduct of programs described in 21 subsection (a)(1) is shared in a timely manner with 22 relevant United States Government agencies and 23 other international partners, as appropriate. 24 (2) Prior to the obligation of funds appro- 25 priated by this Act and made available for the pur- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1426 1 poses of this section, the Secretary of State shall en- 2 sure that mechanisms are in place for appropriate 3 monitoring, oversight, and control of such assist- 4 ance: Provided, That the Secretary shall promptly 5 inform the appropriate congressional committees of 6 each significant instance in which assistance pro- 7 vided for such purposes has been compromised, in- 8 cluding the amount and type of assistance affected, 9 a description of the incident and parties involved, 10 and an explanation of the response of the Depart- 11 ment of State. 12 (3) Funds appropriated by this Act that are 13 made available for programs described in subsection 14 (a) shall be subject to the regular notification proce- 15 dures of the Committees on Appropriations, and are 16 subject to the additional requirements contained 17 under section 7073 in the explanatory statement de- 18 scribed in section 4 (in the matter preceding division 19 A of this Consolidated Act): Provided, That for the 20 purposes of funds appropriated by this Act that are 21 made available for countering violent extremism, as 22 justified to the Committees on Appropriations in the 23 Congressional Budget Justification, Foreign Oper- 24 ations, Fiscal Year 2016, such funds shall only be December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1427 1 made available for programs described in subsection 2 (a)(2). 3 4 ENTERPRISE FUNDS SEC. 7074. (a) NOTIFICATION REQUIREMENT.— 5 None of the funds made available under titles III through 6 VI of this Act may be made available for Enterprise Funds 7 unless the appropriate congressional committees are noti8 fied at least 15 days in advance. 9 (b) DISTRIBUTION OF ASSETS PLAN.—Prior to the 10 distribution of any assets resulting from any liquidation, 11 dissolution, or winding up of an Enterprise Fund, in whole 12 or in part, the President shall submit to the appropriate 13 congressional committees a plan for the distribution of the 14 assets of the Enterprise Fund. 15 (c) TRANSITION OR OPERATING PLAN.—Prior to a 16 transition to and operation of any private equity fund or 17 other parallel investment fund under an existing Enter18 prise Fund, the President shall submit such transition or 19 operating plan to the appropriate congressional commit20 tees. 21 USE OF FUNDS IN CONTRAVENTION OF THIS ACT 22 SEC. 7075. If the President makes a determination 23 not to comply with any provision of this Act on constitu24 tional grounds, the head of the relevant Federal agency 25 shall notify the Committees on Appropriations in writing December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1428 1 within 5 days of such determination, the basis for such 2 determination and any resulting changes to program and 3 policy. 4 5 BUDGET DOCUMENTS SEC. 7076. (a) OPERATING PLANS.—Not later than 6 45 days after the date of enactment of this Act, each de7 partment, agency, or organization funded in titles I, II, 8 and VI of this Act, and the Department of the Treasury 9 and Independent Agencies funded in title III of this Act, 10 including the Inter-American Foundation and the United 11 States African Development Foundation, shall submit to 12 the Committees on Appropriations an operating plan for 13 funds appropriated to such department, agency, or organi14 zation in such titles of this Act, or funds otherwise avail15 able for obligation in fiscal year 2016, that provides de16 tails of the uses of such funds at the program, project, 17 and activity level: Provided, That such plans shall include, 18 as applicable, a comparison between the most recent con19 gressional directives or approved funding levels and the 20 funding levels proposed by the department or agency; and 21 a clear, concise, and informative description/justification: 22 Provided further, That if such department, agency, or or23 ganization receives an additional amount under the same 24 heading in title VIII of this Act, operating plans required 25 by this subsection shall include consolidated information December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1429 1 on all such funds: Provided further, That operating plans 2 that include changes in levels of funding for programs, 3 projects, and activities specified in the congressional budg4 et justification, in this Act, or amounts specifically des5 ignated in the respective tables included in the explanatory 6 statement described in section 4 (in the matter preceding 7 division A of this Consolidated Act), as applicable, shall 8 be subject to the notification and reprogramming require9 ments of section 7015 of this Act. 10 (b) SPEND PLANS.— 11 (1) Prior to the initial obligation of funds, the 12 Secretary of State or Administrator of the United 13 States 14 (USAID), as appropriate, shall submit to the Com- 15 mittees on Appropriations a detailed spend plan for 16 funds made available by this Act, for— 17 18 Agency for International Development (A) assistance for Afghanistan, Lebanon, Pakistan, and the West Bank and Gaza; 19 (B) Power Africa and the regional security 20 initiatives listed under this heading in the ex- 21 planatory statement described in section 4 (in 22 the matter preceding division A of this Consoli- 23 dated Act): Provided, That the spend plan for 24 such initiatives shall include the amount of as- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1430 1 sistance planned for each country by account, 2 to the maximum extent practicable; and 3 (C) democracy programs and sectors enu- 4 merated in subsections (a), (c)(2), (d)(1), (e), 5 (f), and (h) of section 7060 of this Act. 6 (2) Not later than 45 days after enactment of 7 this Act, the Secretary of the Treasury shall submit 8 to the Committees on Appropriations a detailed 9 spend plan for funds made available by this Act 10 under the heading ‘‘Department of the Treasury, 11 International Affairs Technical Assistance’’ in title 12 III. 13 (c) SPENDING REPORT.—Not later than 45 days 14 after enactment of this Act, the USAID Administrator 15 shall submit to the Committees on Appropriations a de16 tailed report on spending of funds made available during 17 fiscal year 2015 under the heading ‘‘Development Credit 18 Authority’’. 19 (d) NOTIFICATIONS.—The spend plans referenced in 20 subsection (b) shall not be considered as meeting the noti21 fication requirements in this Act or under section 634A 22 of the Foreign Assistance Act of 1961. 23 (e) CONGRESSIONAL BUDGET JUSTIFICATION.— 24 (1) The congressional budget justification for 25 Department of State operations and foreign oper- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1431 1 ations shall be provided to the Committees on Ap- 2 propriations concurrent with the date of submission 3 of the President’s budget for fiscal year 2017: Pro- 4 vided, That the appendices for such justification 5 shall be provided to the Committees on Appropria- 6 tions not later than 10 calendar days thereafter. 7 (2) The Secretary of State and the USAID Ad- 8 ministrator shall include in the congressional budget 9 justification a detailed justification for multi-year 10 availability for any funds requested under the head- 11 ings ‘‘Diplomatic and Consular Programs’’ and ‘‘Op- 12 erating Expenses’’. 13 REPORTS AND RECORDS MANAGEMENT 14 SEC. 7077. (a) PUBLIC POSTING OF REPORTS.— 15 (1) REQUIREMENT.—Any agency receiving 16 funds made available by this Act shall, subject to 17 paragraphs (2) and (3), post on the publicly avail- 18 able Web site of such agency any report required by 19 this Act to be submitted to the Committees on Ap- 20 propriations, upon a determination by the head of 21 such agency that to do so is in the national interest. 22 (2) EXCEPTIONS.—Paragraph (1) shall not 23 December 16, 2015 (1:04 a.m.) apply to a report if— U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1432 1 (A) the public posting of such report would 2 compromise national security, including the 3 conduct of diplomacy; or 4 (B) the report contains proprietary, privi- 5 leged, or sensitive information. 6 (3) TIMING AND INTENTION.—The head of the 7 agency posting such report shall, unless otherwise 8 provided for in this Act, do so only after such report 9 has been made available to the Committees on Ap- 10 propriations for not less than 45 days: Provided, 11 That any report required by this Act to be submitted 12 to the Committees on Appropriations shall include 13 information from the submitting agency on whether 14 such report will be publicly posted. 15 (b) REQUESTS FOR DOCUMENTS.—None of the funds 16 appropriated or made available pursuant to titles III 17 through VI of this Act shall be available to a nongovern18 mental organization, including any contractor, which fails 19 to provide upon timely request any document, file, or 20 record necessary to the auditing requirements of the De21 partment of State and the United States Agency for Inter22 national Development (USAID). 23 24 December 16, 2015 (1:04 a.m.) (c) RECORDS MANAGEMENT.— (1) LIMITATION AND DIRECTIVES.— U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1433 1 (A) None of the funds appropriated by this 2 Act under the headings ‘‘Diplomatic and Con- 3 sular Programs’’ and ‘‘Capital Investment 4 Fund’’ in title I, and ‘‘Operating Expenses’’ in 5 title II that are made available to the Depart- 6 ment of State and USAID may be made avail- 7 able to support the use or establishment of 8 email accounts or email servers created outside 9 the .gov domain or not fitted for automated 10 records management as part of a Federal gov- 11 ernment records management program in con- 12 travention of the Presidential and Federal 13 Records Act Amendments of 2014 (Public Law 14 113–187). 15 16 (B) The Secretary of State and USAID Administrator shall— 17 (i) update the policies, directives, and 18 oversight necessary to comply with Federal 19 statutes, regulations, and presidential exec- 20 utive orders and memoranda concerning 21 the preservation of all records made or re- 22 ceived in the conduct of official business, 23 including record emails, instant messaging, 24 and other online tools; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1434 1 (ii) use funds appropriated by this Act 2 under the headings ‘‘Diplomatic and Con- 3 sular Programs’’ and ‘‘Capital Investment 4 Fund’’ in title I, and ‘‘Operating Ex- 5 penses’’ in title II, as appropriate, to im- 6 prove Federal records management pursu- 7 ant to the Federal Records Act (44 U.S.C. 8 Chapters 21, 29, 31, and 33) and other 9 applicable Federal records management 10 statutes, regulations, or policies for the 11 Department of State and USAID; 12 (iii) direct departing employees that 13 all Federal records generated by such em- 14 ployees, including senior officials, belong to 15 the Federal Government; and 16 (iv) measurably improve the response 17 time for identifying and retrieving Federal 18 records. 19 (2) REPORT.—Not later than 30 days after en- 20 actment of this Act, the Secretary of State and 21 USAID Administrator shall each submit a report to 22 the Committees on Appropriations and to the Na- 23 tional Archives and Records Administration detail- 24 ing, as appropriate and where applicable— December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1435 1 (A) the policy of each agency regarding the 2 use or the establishment of email accounts or 3 email servers created outside the .gov domain or 4 not fitted for automated records management 5 as part of a Federal government records man- 6 agement program; 7 (B) the extent to which each agency is in 8 compliance with applicable Federal records 9 management statutes, regulations, and policies; 10 11 12 13 14 and (C) the steps required, including steps already taken, and the associated costs, to— (i) comply with paragraph (1)(B) of this subsection; 15 (ii) ensure that all employees at every 16 level have been instructed in procedures 17 and processes to ensure that the docu- 18 mentation of their official duties is cap- 19 tured, preserved, managed, protected, and 20 accessible in official Government systems 21 of the Department of State and USAID; 22 (iii) implement the recommendations 23 of the Office of Inspector General, United 24 States Department of State (OIG), in the 25 March 2015 Review of State Messaging December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1436 1 and Archive Retrieval Toolset and Record 2 Email 3 ommendations from the OIG review of the 4 records management practices of the De- 5 partment of State requested by the Sec- 6 retary on March 25, 2015, if completed; (ISP–1–15–15) and any rec- 7 (iv) reduce the backlog of Freedom of 8 Information Act and Congressional over- 9 sight requests, and measurably improve the 10 response time for answering such requests; 11 (v) strengthen cyber security meas- 12 ures to mitigate vulnerabilities, including 13 those resulting from the use of personal 14 email accounts or servers outside the .gov 15 domain; and 16 (vi) codify in the Foreign Affairs 17 Manual and Automated Directives System 18 the 19 (1)(B) of this subsection, where appro- 20 priate. 21 updates (3) REPORT referenced ASSESSMENT.—Not in paragraph later than 180 22 days after the submission of the reports required by 23 paragraph (2), the Comptroller General of the 24 United States, in consultation with National Ar- 25 chives and Records Administration, as appropriate, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1437 1 shall conduct an assessment of such reports, and 2 shall consult with the Committees on Appropriations 3 on the scope and requirements of such assessment. 4 (4) FUNDING.—Of funds appropriated by this 5 Act under the heading ‘‘Capital Investment Fund’’ 6 in title I, $10,000,000 shall be withheld from obliga- 7 tion until the Secretary submits the report required 8 by paragraph (2). 9 10 GLOBAL INTERNET FREEDOM SEC. 7078. (a) FUNDING.—Of the funds available for 11 obligation during fiscal year 2016 under the headings 12 ‘‘International Broadcasting Operations’’, ‘‘Economic 13 Support Fund’’, ‘‘Democracy Fund’’, and ‘‘Assistance for 14 Europe, Euraisa and Central Asia’’, not less than 15 $50,500,000 shall be made available for programs to pro16 mote Internet freedom globally: Provided, That such pro17 grams shall be prioritized for countries whose governments 18 restrict freedom of expression on the Internet, and that 19 are important to the national interests of the United 20 States: Provided further, That funds made available pursu21 ant to this section shall be matched, to the maximum ex22 tent practicable, by sources other than the United States 23 Government, including from the private sector. 24 (b) REQUIREMENTS.—Funds made available pursu- 25 ant to subsection (a) shall be— December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1438 1 (1) coordinated with other democracy, govern- 2 ance, and broadcasting programs funded by this Act 3 under the headings ‘‘International Broadcasting Op- 4 erations’’, ‘‘Economic Support Fund’’, ‘‘Democracy 5 Fund’’, ‘‘Complex Crises Fund’’, and ‘‘Assistance 6 for Europe, Eurasia and Central Asia’’, and shall be 7 incorporated into country assistance, democracy pro- 8 motion, and broadcasting strategies, as appropriate; 9 (2) made available to the Bureau of Democracy, 10 Human Rights, and Labor, Department of State for 11 programs to implement the May 2011, International 12 Strategy for Cyberspace and the comprehensive 13 strategy to promote Internet freedom and access to 14 information in Iran, as required by section 414 of 15 the Iran Threat Reduction and Syria Human Rights 16 Act of 2012 (22 U.S.C. 8754); 17 (3) made available to the Broadcasting Board 18 of Governors (BBG) to provide tools and techniques 19 to access the Web sites of BBG broadcasters that 20 are censored, and to work with such broadcasters to 21 promote and distribute such tools and techniques, 22 including digital security techniques; 23 (4) made available for programs that support 24 the efforts of civil society to counter the development 25 of repressive Internet-related laws and regulations, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1439 1 including countering threats to Internet freedom at 2 international 3 against bloggers and other users; and to enhance 4 digital security training and capacity building for de- 5 mocracy activists; organizations; to combat violence 6 (5) made available for research of key threats 7 to Internet freedom; the continued development of 8 technologies that provide or enhance access to the 9 Internet, including circumvention tools that bypass 10 Internet blocking, filtering, and other censorship 11 techniques used by authoritarian governments; and 12 maintenance of the technological advantage of the 13 United States Government over such censorship 14 techniques: Provided, That the Secretary of State, in 15 consultation with the BBG Chairman, shall coordi- 16 nate any such research and development programs 17 with other relevant United States Government de- 18 partments and agencies in order to share informa- 19 tion, technologies, and best practices, and to assess 20 the effectiveness of such technologies; and 21 (6) coordinated by the Assistant Secretary of 22 State for Democracy, Human Rights, and Labor, 23 Department of State, except that the uses of such 24 funds made available under the heading ‘‘Inter- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1440 1 national Broadcasting Operations’’ shall be the re- 2 sponsibility of the BBG Chairman. 3 (c) COORDINATION AND SPEND PLANS.—After con- 4 sultation among the relevant agency heads to coordinate 5 and de-conflict planned activities, but not later than 90 6 days after enactment of this Act, the Secretary of State 7 and the BBG Chairman shall submit to the Committees 8 on Appropriations spend plans for funds made available 9 by this Act for programs to promote Internet freedom 10 globally, which shall include a description of safeguards 11 established by relevant agencies to ensure that such pro12 grams are not used for illicit purposes: Provided, That the 13 Department of State spend plan shall include funding for 14 all such programs for all relevant Department of State 15 and USAID offices and bureaus: Provided further, That 16 prior to the obligation of such funds, such offices and bu17 reaus shall consult with the Assistant Secretary for De18 mocracy, Human Rights, and Labor, Department of 19 State, to ensure that such programs support the Depart20 ment of State Internet freedom strategy. 21 22 DISABILITY PROGRAMS SEC. 7079. (a) ASSISTANCE.—Funds appropriated by 23 this Act under the heading ‘‘Economic Support Fund’’ 24 shall be made available for programs and activities admin25 istered by the United States Agency for International De- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1441 1 velopment (USAID) to address the needs and protect and 2 promote the rights of people with disabilities in developing 3 countries, including initiatives that focus on independent 4 living, economic self-sufficiency, advocacy, education, em5 ployment, transportation, sports, and integration of indi6 viduals with disabilities, including for the cost of trans7 lation. 8 (b) MANAGEMENT, OVERSIGHT, AND TECHNICAL 9 SUPPORT.—Of the funds made available pursuant to this 10 section, 5 percent may be used for USAID for manage11 ment, oversight, and technical support. 12 13 IMPACT ON JOBS IN THE UNITED STATES SEC. 7080. None of the funds appropriated or other- 14 wise made available under titles III through VI of this 15 Act may be obligated or expended to provide— 16 (1) any financial incentive to a business enter- 17 prise currently located in the United States for the 18 purpose of inducing such an enterprise to relocate 19 outside the United States if such incentive or in- 20 ducement is likely to reduce the number of employ- 21 ees of such business enterprise in the United States 22 because United States production is being replaced 23 by such enterprise outside the United States; 24 (2) assistance for any program, project, or ac- 25 tivity that contributes to the violation of internation- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1442 1 ally recognized workers’ rights, as defined in section 2 507(4) of the Trade Act of 1974, of workers in the 3 recipient country, including any designated zone or 4 area in that country: Provided, That the application 5 of section 507(4)(D) and (E) of such Act should be 6 commensurate with the level of development of the 7 recipient country and sector, and shall not preclude 8 assistance for the informal sector in such country, 9 micro and small-scale enterprise, and smallholder 10 agriculture; 11 (3) any assistance to an entity outside the 12 United States if such assistance is for the purpose 13 of directly relocating or transferring jobs from the 14 United States to other countries and adversely im- 15 pacts the labor force in the United States; or 16 17 18 19 (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; 20 (B) the modification proposed by the Over- 21 seas Private Investment Corporation in Novem- 22 ber 2013 to the Corporation’s Environmental 23 and Social Policy Statement relating to coal; or 24 (C) the Supplemental Guidelines for High 25 Carbon Intensity Projects approved by the Ex- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1443 1 port-Import Bank of the United States on De- 2 cember 12, 2013, 3 when enforcement of such rule, regulation, policy, or 4 guidelines would prohibit, or have the effect of pro- 5 hibiting, any coal-fired or other power-generation 6 project the purpose of which is to: (i) provide afford- 7 able electricity in International Development Asso- 8 ciation (IDA)-eligible countries and IDA-blend coun- 9 tries; and (ii) increase exports of goods and services 10 from the United States or prevent the loss of jobs 11 from the United States. 12 13 COUNTRY FOCUS AND SELECTIVITY SEC. 7081. (a) TRANSITION PLAN REQUIREMENT.— 14 Any bilateral country assistance strategy developed after 15 the date of enactment of this Act for the provision of as16 sistance for a foreign country shall include a transition 17 plan identifying end goals and options for winding down, 18 within a targeted period of years, such bilateral assistance: 19 Provided, That such transition plan shall be developed by 20 the Secretary of State, in consultation with the Adminis21 trator of the United States Agency for International De22 velopment (USAID), the heads of other relevant Federal 23 agencies, and officials of such foreign government and rep24 resentatives of civil society, as appropriate. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1444 1 (b) TARGETED TRANSITIONS.—Not later than 180 2 days after enactment of this Act, the Secretary of State, 3 in consultation with the USAID Administrator, the heads 4 of other relevant Federal agencies, and the Committees 5 on Appropriations, shall select at least one country in 6 which to establish and implement a transition program to 7 seek to reduce dependency on bilateral foreign assistance 8 and create greater self-sufficiency for such country: Pro9 vided, That any such selection shall be of a country receiv10 ing assistance with funds appropriated under titles III and 11 IV of this Act and prior Acts making appropriations for 12 the Department of State, foreign operations, and related 13 programs that— 14 (1) is a long-time recipient of such assistance; 15 (2) has demonstrated, or has been assessed to 16 possess, the capacity for self-sufficiency; and 17 (3) is not impacted by conflict or crisis, includ- 18 ing large numbers of internally displaced persons or 19 significant refugee populations resulting from such 20 conflict or crisis: 21 Provided further, That the Secretary shall consult with the 22 Committees on Appropriations prior to the selection of any 23 such country, and on the goals and targets for such pro24 gram to be established in the selected country: Provided 25 further, That such transition should exclude funding for December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1445 1 democracy and humanitarian assistance programs: Pro2 vided further, That assistance may be resumed or contin3 ued for any such selected country if the Secretary deter4 mines and reports to the Committees on Appropriations 5 that to do so is important to the national interest of the 6 United States, and such report provides an explanation 7 of such interest being served. 8 9 UNITED NATIONS POPULATION FUND SEC. 7082. (a) CONTRIBUTION.—Of the funds made 10 available under the heading ‘‘International Organizations 11 and Programs’’ in this Act for fiscal year 2016, 12 $32,500,000 shall be made available for the United Na13 tions Population Fund (UNFPA). 14 (b) AVAILABILITY OF FUNDS.—Funds appropriated 15 by this Act for UNFPA, that are not made available for 16 UNFPA because of the operation of any provision of law, 17 shall be transferred to the ‘‘Global Health Programs’’ ac18 count and shall be made available for family planning, ma19 ternal, and reproductive health activities, subject to the 20 regular notification procedures of the Committees on Ap21 propriations. 22 (c) PROHIBITION ON USE OF FUNDS IN CHINA.— 23 None of the funds made available by this Act may be used 24 by UNFPA for a country program in the People’s Repub25 lic of China. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1446 1 (d) CONDITIONS ON AVAILABILITY OF FUNDS.— 2 Funds made available by this Act for UNFPA may not 3 be made available unless— 4 (1) UNFPA maintains funds made available by 5 this Act in an account separate from other accounts 6 of UNFPA and does not commingle such funds with 7 other sums; and 8 (2) UNFPA does not fund abortions. 9 10 (e) REPORT LAR TO CONGRESS AND DOLLAR-FOR-DOL- WITHHOLDING OF FUNDS.— 11 (1) Not later than 4 months after the date of 12 enactment of this Act, the Secretary of State shall 13 submit a report to the Committees on Appropria- 14 tions indicating the amount of funds that UNFPA 15 is budgeting for the year in which the report is sub- 16 mitted for a country program in the People’s Repub- 17 lic of China. 18 (2) If a report under paragraph (1) indicates 19 that UNFPA plans to spend funds for a country 20 program in the People’s Republic of China in the 21 year covered by the report, then the amount of such 22 funds UNFPA plans to spend in the People’s Re- 23 public of China shall be deducted from the funds 24 made available to UNFPA after March 1 for obliga- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1447 1 tion for the remainder of the fiscal year in which the 2 report is submitted. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1448 1 TITLE VIII 2 OVERSEAS CONTINGENCY OPERATIONS/GLOBAL 3 WAR ON TERRORISM 4 DEPARTMENT OF STATE 5 ADMINISTRATION 6 DIPLOMATIC AND CONSULAR PROGRAMS 7 (INCLUDING TRANSFER OF FUNDS) 8 OF FOREIGN AFFAIRS For an additional amount for ‘‘Diplomatic and Con- 9 sular Programs’’, $2,561,808,000, to remain available 10 until September 30, 2017, of which $1,966,632,000 is for 11 Worldwide Security Protection and shall remain available 12 until expended: Provided, That the Secretary of State may 13 transfer up to $10,000,000 of the total funds made avail14 able under this heading to any other appropriation of any 15 department or agency of the United States, upon the con16 currence of the head of such department or agency, to sup17 port operations in and assistance for Afghanistan and to 18 carry out the provisions of the Foreign Assistance Act of 19 1961: Provided further, That any such transfer shall be 20 treated as a reprogramming of funds under subsections 21 (a) and (b) of section 7015 of this Act and shall not be 22 available for obligation or expenditure except in compli23 ance with the procedures set forth in that section: Pro24 vided further, That up to $15,000,000 of the funds appro25 priated under this heading in this title may be made avail- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1449 1 able for Conflict Stabilization Operations and for related 2 reconstruction and stabilization assistance to prevent or 3 respond to conflict or civil strife in foreign countries or 4 regions, or to enable transition from such strife: Provided 5 further, That such amount is designated by the Congress 6 for Overseas Contingency Operations/Global War on Ter7 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal8 anced Budget and Emergency Deficit Control Act of 1985. 9 10 OFFICE OF INSPECTOR GENERAL For an additional amount for ‘‘Office of Inspector 11 General’’, $66,600,000, to remain available until Sep12 tember 30, 2017, of which $56,900,000 shall be for the 13 Special Inspector General for Afghanistan Reconstruction 14 (SIGAR) for reconstruction oversight: Provided, That 15 printing and reproduction costs shall not exceed amounts 16 for such costs during fiscal year 2015: Provided further, 17 That notwithstanding any other provision of law, any em18 ployee of SIGAR who completes at least 12 months of con19 tinuous service after the date of enactment of this Act or 20 who is employed on the date on which SIGAR terminates, 21 whichever occurs first, shall acquire competitive status for 22 appointment to any position in the competitive service for 23 which the employee possesses the required qualifications: 24 Provided further, That such amount is designated by the 25 Congress for Overseas Contingency Operations/Global December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1450 1 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 2 the Balanced Budget and Emergency Deficit Control Act 3 of 1985. 4 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE 5 For an additional amount for ‘‘Embassy Security, 6 Construction, and Maintenance’’, $747,851,000, to re7 main available until expended, of which $735,201,000 8 shall be for Worldwide Security Upgrades, acquisition, and 9 construction as authorized: Provided, That such amount 10 is designated by the Congress for Overseas Contingency 11 Operations/Global War on Terrorism pursuant to section 12 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 13 Deficit Control Act of 1985. 14 INTERNATIONAL ORGANIZATIONS 15 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS 16 For an additional amount for ‘‘Contributions to 17 International Organizations’’, $101,728,000: Provided, 18 That such amount is designated by the Congress for Over19 seas Contingency Operations/Global War on Terrorism 20 pursuant to section 251(b)(2)(A)(ii) of the Balanced 21 Budget and Emergency Deficit Control Act of 1985. 22 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING 23 ACTIVITIES 24 For an additional amount for ‘‘Contributions for 25 International Peacekeeping Activities’’, $1,794,088,000, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1451 1 to remain available until September 30, 2017: Provided, 2 That such amount is designated by the Congress for Over3 seas Contingency Operations/Global War on Terrorism 4 pursuant to section 251(b)(2)(A)(ii) of the Balanced 5 Budget and Emergency Deficit Control Act of 1985. 6 7 8 9 RELATED AGENCY BROADCASTING BOARD OF GOVERNORS INTERNATIONAL BROADCASTING OPERATIONS For an additional amount for ‘‘International Broad- 10 casting Operations’’, $10,700,000, to remain available 11 until September 30, 2017: Provided, That such amount 12 is designated by the Congress for Overseas Contingency 13 Operations/Global War on Terrorism pursuant to section 14 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 15 Deficit Control Act of 1985. 16 UNITED STATES AGENCY FOR INTERNATIONAL 17 18 19 20 DEVELOPMENT FUNDS APPROPRIATED TO THE PRESIDENT OPERATING EXPENSES For an additional amount for ‘‘Operating Expenses’’, 21 $139,262,000, to remain available until September 30, 22 2017: Provided, That such amount is designated by the 23 Congress for Overseas Contingency Operations/Global 24 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1452 1 the Balanced Budget and Emergency Deficit Control Act 2 of 1985. 3 BILATERAL ECONOMIC ASSISTANCE 4 FUNDS APPROPRIATED 5 6 TO THE PRESIDENT INTERNATIONAL DISASTER ASSISTANCE For an additional amount for ‘‘International Disaster 7 Assistance’’, $1,919,421,000, to remain available until ex8 pended: Provided, That such amount is designated by the 9 Congress for Overseas Contingency Operations/Global 10 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 11 the Balanced Budget and Emergency Deficit Control Act 12 of 1985. 13 14 TRANSITION INITIATIVES For an additional amount for ‘‘Transition Initia- 15 tives’’, $37,000,000, to remain available until expended: 16 Provided, That such amount is designated by the Congress 17 for Overseas Contingency Operations/Global War on Ter18 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal19 anced Budget and Emergency Deficit Control Act of 1985. 20 21 COMPLEX CRISES FUND For an additional amount for ‘‘Complex Crises 22 Fund’’, $20,000,000, to remain available until expended: 23 Provided, That such amount is designated by the Congress 24 for Overseas Contingency Operations/Global War on Ter- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1453 1 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985. 3 ECONOMIC SUPPORT FUND 4 For an additional amount for ‘‘Economic Support 5 Fund’’, $2,422,673,000, to remain available until Sep6 tember 30, 2017: Provided, That such amount is des7 ignated by the Congress for Overseas Contingency Oper8 ations/Global War on Terrorism pursuant to section 9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 10 Deficit Control Act of 1985. 11 ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA 12 For an additional amount for ‘‘Assistance for Eu- 13 rope, Eurasia and Central Asia’’, $438,569,000, to remain 14 available until September 30, 2017: Provided, That such 15 amount is designated by the Congress for Overseas Con16 tingency Operations/Global War on Terrorism pursuant to 17 section 251(b)(2)(A)(ii) of the Balanced Budget and 18 Emergency Deficit Control Act of 1985. 19 20 21 DEPARTMENT OF STATE MIGRATION AND REFUGEE ASSISTANCE For an additional amount for ‘‘Migration and Ref- 22 ugee Assistance’’ to respond to refugee crises, including 23 in Africa, the Near East, South and Central Asia, and 24 Europe and Eurasia, $2,127,114,000, to remain available 25 until expended, except that such funds shall not be made December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1454 1 available for the resettlement costs of refugees in the 2 United States: Provided, That such amount is designated 3 by the Congress for Overseas Contingency Operations/ 4 Global War on Terrorism pursuant to section 5 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 6 Deficit Control Act of 1985. 7 INTERNATIONAL SECURITY ASSISTANCE 8 DEPARTMENT 9 OF STATE INTERNATIONAL NARCOTICS CONTROL AND LAW 10 ENFORCEMENT 11 For an additional amount for ‘‘International Nar- 12 cotics Control and Law Enforcement’’, $371,650,000, to 13 remain available until September 30, 2017: Provided, 14 That such amount is designated by the Congress for Over15 seas Contingency Operations/Global War on Terrorism 16 pursuant to section 251(b)(2)(A)(ii) of the Balanced 17 Budget and Emergency Deficit Control Act of 1985. 18 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND 19 RELATED PROGRAMS 20 For an additional amount for ‘‘Nonproliferation, 21 Anti-terrorism, Demining and Related Programs’’, 22 $379,091,000, to remain available until September 30, 23 2017: Provided, That such amount is designated by the 24 Congress for Overseas Contingency Operations/Global 25 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1455 1 the Balanced Budget and Emergency Deficit Control Act 2 of 1985. 3 4 PEACEKEEPING OPERATIONS For an additional amount for ‘‘Peacekeeping Oper- 5 ations’’, $469,269,000, to remain available until Sep6 tember 30, 2017: Provided, That such amount is des7 ignated by the Congress for Overseas Contingency Oper8 ations/Global War on Terrorism pursuant to section 9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 10 Deficit Control Act of 1985: Provided further, That funds 11 available for obligation under this heading in this Act may 12 be used to pay assessed expenses of international peace13 keeping activities in Somalia, subject to the regular notifi14 cation procedures of the Committees on Appropriations, 15 except that such expenses shall not exceed the level de16 scribed in the final proviso under the heading ‘‘Contribu17 tions for International Peacekeeping Activities’’ in title I 18 of this Act. 19 20 21 FUNDS APPROPRIATED TO THE PRESIDENT FOREIGN MILITARY FINANCING PROGRAM For an additional amount for ‘‘Foreign Military Fi- 22 nancing Program’’, $1,288,176,000, to remain available 23 until September 30, 2017: Provided, That such amount 24 is designated by the Congress for Overseas Contingency 25 Operations/Global War on Terrorism pursuant to section December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1456 1 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 2 Deficit Control Act of 1985. 3 GENERAL PROVISIONS 4 ADDITIONAL APPROPRIATIONS 5 SEC. 8001. Notwithstanding any other provision of 6 law, funds appropriated in this title are in addition to 7 amounts appropriated or otherwise made available in this 8 Act for fiscal year 2016. 9 10 EXTENSION OF AUTHORITIES AND CONDITIONS SEC. 8002. Unless otherwise provided for in this Act, 11 the additional amounts appropriated by this title to appro12 priations accounts in this Act shall be available under the 13 authorities and conditions applicable to such appropria14 tions accounts. 15 16 TRANSFER AUTHORITY SEC. 8003. (a)(1) Funds appropriated by this title 17 in this Act under the headings ‘‘Transition Initiatives’’, 18 ‘‘Complex Crises Fund’’, ‘‘Economic Support Fund’’, and 19 ‘‘Assistance for Europe, Eurasia and Central Asia’’ may 20 be transferred to, and merged with, funds appropriated 21 by this title under such headings. 22 (2) Funds appropriated by this title in this Act under 23 the headings ‘‘International Narcotics Control and Law 24 Enforcement’’, ‘‘Nonproliferation, Anti-terrorism, 25 Demining and Related Programs’’, ‘‘Peacekeeping Oper- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1457 1 ations’’, and ‘‘Foreign Military Financing Program’’ may 2 be transferred to, and merged with, funds appropriated 3 by this title under such headings. 4 (3) Of the funds appropriated by this title under the 5 heading ‘‘International Disaster Assistance’’, up to 6 $600,000,000 may be transferred to, and merged with, 7 funds appropriated by this title under the heading ‘‘Migra8 tion and Refugee Assistance’’. 9 (b) Notwithstanding any other provision of this sec- 10 tion, not to exceed $15,000,000 from funds appropriated 11 under the heading ‘‘Foreign Military Financing Program’’ 12 by this title in this Act and made available for the Europe 13 and Eurasia Regional program may be transferred to, and 14 merged with, funds previously made available under the 15 heading ‘‘Global Security Contingency Fund’’ which shall 16 be available only for programs in the Europe and Eurasia 17 region. 18 (c) The transfer authority provided in subsection (a) 19 may only be exercised to address contingencies. 20 (d) The transfer authority provided in subsections (a) 21 and (b) shall be subject to prior consultation with, and 22 the regular notification procedures of, the Committees on 23 Appropriations: Provided, That such transfer authority is 24 in addition to any transfer authority otherwise available 25 under any other provision of law, including section 610 December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1458 1 of the Foreign Assistance Act of 1961 which may be exer2 cised by the Secretary of State for the purposes of this 3 title. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1459 1 TITLE IX 2 OTHER MATTERS 3 MULTILATERAL ASSISTANCE 4 INTERNATIONAL MONETARY PROGRAMS 5 UNITED STATES QUOTA, INTERNATIONAL MONETARY 6 FUND 7 DIRECT LOAN PROGRAM ACCOUNT 8 For an increase in the United States quota in the 9 International Monetary Fund, the dollar equivalent of 10 40,871,800,000 Special Drawing Rights, to remain avail11 able until expended: Provided, That notwithstanding the 12 provisos under the heading ‘‘International Assistance Pro13 grams—International Monetary Programs—United 14 States Quota, International Monetary Fund’’ in the Sup15 plemental Appropriations Act, 2009 (Public Law 111–32), 16 the costs of the amounts provided under this heading in 17 this Act and in Public Law 111–32 shall be estimated on 18 a present value basis, excluding administrative costs and 19 any incidental effects on governmental receipts or outlays: 20 Provided further, That for purposes of the previous pro21 viso, the discount rate for purposes of the present value 22 calculation shall be the appropriate interest rate on mar23 ketable Treasury securities, adjusted for market risk: Pro24 vided further, That such amount is designated by the Con25 gress as an emergency requirement pursuant to section December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1460 1 251(b)(2)(A)(i) of the Balanced Budget and Emergency 2 Deficit Control Act of 1985, as amended: Provided further, 3 That such amount shall be available only if the President 4 designates such amount, and the related amount to be re5 scinded under the heading ‘‘Loans to the International 6 Monetary Fund Direct Loan Program Account’’, as an 7 emergency requirement pursuant to section 8 251(b)(2)(A)(i) and transmits such designation to the 9 Congress. 10 LOANS TO THE INTERNATIONAL MONETARY FUND 11 DIRECT LOAN PROGRAM ACCOUNT 12 (INCLUDING RESCISSION OF FUNDS) 13 Of the amounts provided under the heading ‘‘Inter- 14 national Assistance Programs—International Monetary 15 Programs—Loans to International Monetary Fund’’ in 16 the Supplemental Appropriations Act, 2009 (Public Law 17 111–32), the dollar equivalent of 40,871,800,000 Special 18 Drawing Rights is hereby permanently rescinded as of the 19 date when the rollback of the United States credit ar20 rangement in the New Arrangements to Borrow of the 21 International Monetary Fund is effective, but no earlier 22 than when the increase of the United States quota author23 ized in section 72 of the Bretton Woods Agreements Act 24 (22 U.S.C. 286 et seq.) becomes effective: Provided, That 25 notwithstanding the second through fourth provisos under December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1461 1 the heading ‘‘International Assistance Programs—Inter2 national Monetary Programs—Loans to International 3 Monetary Fund’’ in Public Law 111–32, the costs of the 4 amounts under this heading in this Act and in Public Law 5 111–32 shall be estimated on a present value basis, ex6 cluding administrative costs and any incidental effects on 7 governmental receipts or outlays: Provided further, That 8 for purposes of the previous proviso, the discount rate for 9 purposes of the present value calculation shall be the ap10 propriate interest rate on marketable Treasury securities, 11 adjusted for market risk: Provided further, That such 12 amount is designated by the Congress as an emergency 13 requirement pursuant to section 251(b)(2)(A)(i) of the 14 Balanced Budget and Emergency Deficit Control Act of 15 1985, as amended: Provided further, That such amount 16 shall be rescinded only if the President designates such 17 amount as an emergency requirement pursuant to section 18 251(b)(2)(A)(i) and transmits such designation to the 19 Congress. 20 GENERAL PROVISIONS 21 LIMITATIONS ON AND 22 RESPECT TO 23 SEC. 9001. Section 17 of the Bretton Woods Agree- EXPIRATION OF AUTHORITY WITH NEW ARRANGEMENTS TO 24 ments Act (22 U.S.C. 286e–2) is amended— December 16, 2015 (1:04 a.m.) BORROW U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1462 1 2 3 4 (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.’’; 5 (2) in subsection (b), in paragraphs (1) and 6 (2), by inserting before the end period the following: 7 ‘‘, only to the extent that amounts available for such 8 loans are not rescinded by an Act of Congress’’; 9 (3) by adding the following subsection (e), 10 which shall be effective from the first day of the 11 next period of renewal of the NAB decision after en- 12 actment of this Act: 13 ‘‘(e) New Requirement for Activation of the New Ar- 14 rangements to Borrow 15 ‘‘(1) The Secretary of the Treasury shall in- 16 clude in the certification and report required by 17 paragraphs (a)(1), (a)(2), (b)(1), and (b)(2) of this 18 section prior to activation an additional certification 19 and report that— 20 ‘‘(A) the one-year forward commitment ca- 21 pacity of the IMF (excluding borrowed re- 22 sources) 23 100,000,000,000 Special Drawing Rights dur- 24 ing the period of the NAB activation; and December 16, 2015 (1:04 a.m.) is expected to fall below U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1463 1 ‘‘(B) activation of the NAB is in the 2 United States strategic economic interest with 3 the reasons and analysis for that determination. 4 ‘‘(2) Prior to submitting any certification and 5 report required by paragraphs (a)(1), (a)(2), (b)(1), 6 and (b)(2) of this section, the Secretary of the 7 Treasury shall consult with the appropriate congres- 8 sional committees.’’; and 9 (4) by adding at the end the following: 10 ‘‘(f) In this section, the term ‘appropriate congres- 11 sional committees’ means the Committees on Appropria12 tions and Foreign Relations of the Senate and the Com13 mittees on Appropriations and Financial Services of the 14 House of Representatives.’’. 15 ACCEPTANCE 16 OF AMENDMENTS TO ARTICLES OF AGREEMENT; QUOTA INCREASE 17 SEC. 9002. The Bretton Woods Agreements Act (22 18 U.S.C. 286 et seq.) is amended by adding at the end the 19 following: 20 ‘‘SEC. 71. ACCEPTANCE OF AMENDMENTS TO THE ARTI- 21 CLES OF AGREEMENT OF THE FUND. 22 ‘‘The United States Governor of the Fund may ac- 23 cept the amendments to the Articles of Agreement of the 24 Fund as proposed in resolution 66–2 of the Board of Gov25 ernors of the Fund. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1464 1 ‘‘SEC. 72. QUOTA INCREASE. 2 ‘‘(a) IN GENERAL.—The United States Governor of 3 the Fund may consent to an increase in the quota of the 4 United States in the Fund equivalent to 40,871,800,000 5 Special Drawing Rights. 6 ‘‘(b) SUBJECT TO APPROPRIATIONS.—The authority 7 provided by subsection (a) shall be effective only to such 8 extent or in such amounts as are provided in advance in 9 appropriations Acts.’’. 10 REPORT ON 11 12 METHODOLOGY USED FOR CONGRESSIONAL BUDGET OFFICE COST ESTIMATES SEC. 9003. (a) REPORT.—Not later than 180 days 13 after the date of enactment of this Act, the Director of 14 the Congressional Budget Office shall submit a report to 15 the appropriate congressional committees on the method16 ology used and rationale for incorporating market risk in 17 cost estimates for the International Monetary Fund: Pro18 vided, That for the purposes of this subsection, the term 19 ‘‘appropriate congressional committees’’ means— 20 (1) the Committees on Appropriations, Budget, 21 Banking, Housing and Urban Affairs, and Foreign 22 Relations of the Senate; and 23 (2) the Committees on Appropriations, Budget, 24 and Financial Services of the House of Representa- 25 tives. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1465 1 (b) REQUIREMENTS.—The report submitted pursu- 2 ant to subsection (a) shall include matters relevant to the 3 evaluation of the budgetary effects of the participation of 4 the United States in the International Monetary Fund, in5 cluding the risks associated with— 6 (1) the current participation of the United 7 States in the International Monetary Fund, includ- 8 ing the market risk of the Fund; 9 10 11 (2) countries borrowing from the Fund; (3) the various loan instruments and assistance activities of the Fund; and 12 (4) past participation of the United States in 13 the International Monetary Fund, including the his- 14 torical net cost to the government of previous quota 15 increases. 16 (c) REVIEW.—Following the submission of the report 17 required by subsection (a), the Committees on Appropria18 tions and Budget of the Senate and the Committees on 19 Appropriations and Budget of the House of Representa20 tives shall review the Congressional Budget Office’s mar21 ket risk scoring methodology and consider options for 22 modifying the budgetary treatment of new appropriations 23 to the International Monetary Fund: Provided, That in 24 conducting such review, such committees should consult 25 with other interested parties, including the Office of Man- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1466 1 agement and Budget and the Congressional Budget Of2 fice. 3 REQUIRED CONSULTATIONS WITH CONGRESS IN AD- 4 VANCE OF 5 CESS 6 SEC. 9004. (a) IN GENERAL.—The United States CONSIDERATION OF EXCEPTIONAL AC- LENDING 7 Executive Director of the International Monetary Fund 8 (the Fund) (or any designee of the Executive Director) 9 may not vote for the approval of an exceptional access loan 10 to be provided by the Fund to a country unless, not later 11 than 7 days before voting to approve that loan (subject 12 to subsection (c)), the Secretary of the Treasury submits 13 to the Committees on Appropriations and Foreign Rela14 tions of the Senate and the Committees on Appropriations 15 and Financial Services of the House of Representatives— 16 (1) a report on the exceptional access program 17 under which the loan is to be provided, including a 18 description of the size and tenor of the program; and 19 (2) a debt sustainability analysis and related 20 documentation justifying the need for the loan. 21 (b) ELEMENTS.—A debt sustainability analysis under 22 subsection (a)(2) with respect to an exceptional access 23 loan shall include the following: December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1467 1 (1) any assumptions for growth of the gross do- 2 mestic product of the country that may receive the 3 loan; 4 (2) an estimate of whether the public debt of 5 that country is sustainable in the medium term, con- 6 sistent with the exceptional access lending rules of 7 the Fund; 8 (3) an estimate of the prospects of that country 9 for regaining access to private capital markets; and 10 (4) an evaluation of the probability of the suc- 11 cess of providing the exceptional access loan. 12 (c) EXTRAORDINARY CIRCUMSTANCES.—The Sec- 13 retary may submit the report and analysis required by 14 subsection (a) to the Committees on Appropriations and 15 Foreign Relations of the Senate and the Committees on 16 Appropriations and Financial Services of the House of 17 Representatives not later than 2 business days after a de18 cision by the Executive Board of the Fund to approve an 19 exceptional access loan only if the Secretary— 20 (1) determines and certifies that— 21 (A) an emergency exists in the country 22 that applied for the loan and that country re- 23 quires immediate assistance to avoid disrupting 24 orderly financial markets; or December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1468 1 (B) other extraordinary circumstances 2 exist that warrant delaying the submission of 3 the report and analysis; and 4 (2) submits with the report and analysis a de- 5 tailed explanation of the emergency or extraordinary 6 circumstances and the reasons for the delay. 7 (d) FORM OF REPORT AND ANALYSIS.—The report 8 and debt sustainability analysis and related documentation 9 required by subsection (a) may be submitted in classified 10 form. 11 REPEAL OF SYSTEMIC RISK EXEMPTION TO LIMITA- 12 TIONS TO 13 MONETARY FUND 14 SEC. 9005. (a) POSITION OF THE UNITED STATES.— ACCESS POLICY OF THE INTERNATIONAL 15 The Secretary of the Treasury shall direct the United 16 States Executive Director of the International Monetary 17 Fund (the Fund) to use the voice and vote of the United 18 States to urge the Executive Board of the Fund to repeal 19 the systemic risk exemption to the debt sustainability cri20 terion of the Fund’s exceptional access framework, as set 21 forth in paragraph 3(b) of Decision No. 14064-(08/18) of 22 the Fund (relating to access policy and limits in the credit 23 tranches and under the extended Fund facility and overall 24 access to the Fund’s general resources, and exceptional 25 access policy). December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1469 1 (b) REPORT REQUIRED.—The quota increase author- 2 ized by the amendments made by section 9002 shall not 3 be disbursed until the Secretary of the Treasury reports 4 to the Committees on Appropriations and Foreign Rela5 tions of the Senate and the Committees on Appropriations 6 and Financial Services of the House of Representatives 7 that the United States has taken all necessary steps to 8 secure repeal of the systemic risk exemption to the frame9 work described in subsection (a). 10 ANNUAL REPORT ON LENDING, SURVEILLANCE, OR 11 TECHNICAL ASSISTANCE POLICIES 12 NATIONAL 13 SEC. 9006. Not later than one year after the date OF THE INTER- MONETARY FUND 14 of the enactment of this Act, and annually thereafter until 15 2025, the Secretary of the Treasury shall submit to the 16 Committees on Appropriations and Foreign Relations of 17 the Senate and the Committees on Appropriations and Fi18 nancial Services of the House of Representatives a written 19 report that includes— 20 (1) a description of any changes in the policies 21 of the International Monetary Fund (the Fund) with 22 respect to lending, surveillance, or technical assist- 23 ance; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1470 1 (2) an analysis of whether those changes, if 2 any, increase or decrease the risk to United States 3 financial commitments to the Fund; 4 (3) an analysis of any new or ongoing excep- 5 tional access loans of the Fund in place during the 6 year preceding the submission of the report; and 7 8 (4) a description of any changes to the exceptional access policies of the Fund. 9 REPORT 10 11 ON IMPROVING UNITED STATES PARTICIPATION IN THE INTERNATIONAL MONETARY FUND SEC. 9007. Not later than 180 days after the date 12 of the enactment of this Act, the Secretary of the Treasury 13 shall submit to the Committees on Appropriations and 14 Foreign Relations of the Senate and the Committees on 15 Appropriations and Financial Services of the House of 16 Representatives a written report on ways to improve the 17 effectiveness, and mitigate the risks, of United States par18 ticipation in the International Monetary Fund (the Fund) 19 that includes the following: 20 (1) An analysis of recent changes to the surveil- 21 lance products and policies of the Fund and whether 22 those products and policies effectively address the 23 shortcomings of surveillance by the Fund in the pe- 24 riods preceding the global financial crisis that began December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1471 1 in 2008 and the European debt crisis that began in 2 2009. 3 (2) A discussion of ways to better encourage 4 countries to implement policy recommendations of 5 the Fund, including— 6 (A) whether the implementation rate of 7 such policy recommendations would increase if 8 the Fund provided regular status reports on 9 whether countries have implemented its policy 10 recommendations; and 11 (B) whether or not lending by the Fund 12 should be limited to countries that have taken 13 necessary steps to implement such policy rec- 14 ommendations, including an analysis of the po- 15 tential effectiveness of that limitation. 16 (3) An analysis of the transparency policy of 17 the Fund, ways that transparency policy can be im- 18 proved, and whether such improvements would be 19 beneficial. 20 (4) A detailed analysis of the riskiness of excep- 21 tional access loans provided by the Fund, includ- 22 ing— 23 (A) whether the additional interest rate 24 surcharge is working as intended to discourage December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1472 1 large and prolonged use of resources of the 2 Fund; and 3 (B) whether it would be beneficial for the 4 Fund to require collateral when making excep- 5 tional access loans, and how requiring collateral 6 would affect the make-up of exceptional access 7 loans and the demand for such loans. 8 (5) A description of how the classification of 9 loans provided by the Fund would change if Fund 10 quotas were increased under the amendments to the 11 Articles of Agreement of the Fund proposed in reso- 12 lution 66–2 of the Board of Governors of the Fund, 13 including an assessment of how the quota increase 14 would affect the classification of exceptional access 15 loans outstanding as of the date of the report and 16 whether the quota increase would lead to revisions of 17 the classification of such loans. 18 (6) A discussion and analysis of lessons learned 19 from the lending arrangements that included the 20 Fund, the European Commission, and the European 21 Central Bank (commonly referred to as the ‘‘Troi- 22 ka’’) during the European debt crisis. 23 (7) An analysis of the risks or benefits of in- 24 creasing the transparency of the technical assistance 25 projects of the Fund, including a discussion of— December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1473 1 (A) the advantages and disadvantages of 2 the current technical assistance disclosure poli- 3 cies of the Fund; 4 (B) how technical assistance from the 5 Fund could be better used to prevent crises 6 from happening in the future; and 7 (C) whether and how the Fund coordinates 8 technical assistance projects with other organi- 9 zations, including the United States Depart- 10 ment of the Treasury, to avoid duplication of 11 efforts. 12 This division may be cited as the ‘‘Department of 13 State, Foreign Operations, and Related Programs Appro14 priations Act, 2016’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1474 1 DIVISION L—TRANSPORTATION, HOUSING 2 AND URBAN DEVELOPMENT, AND RE- 3 LATED 4 ACT, 2016 AGENCIES APPROPRIATIONS 5 TITLE I 6 DEPARTMENT OF TRANSPORTATION 7 8 9 OFFICE OF THE SECRETARY SALARIES AND EXPENSES For necessary expenses of the Office of the Secretary, 10 $108,750,000, of which not to exceed $2,734,000 shall be 11 available for the immediate Office of the Secretary; not 12 to exceed $1,025,000 shall be available for the immediate 13 Office of the Deputy Secretary; not to exceed $20,609,000 14 shall be available for the Office of the General Counsel; 15 not to exceed $9,941,000 shall be available for the Office 16 of the Under Secretary of Transportation for Policy; not 17 to exceed $13,697,000 shall be available for the Office of 18 the Assistant Secretary for Budget and Programs; not to 19 exceed $2,546,000 shall be available for the Office of the 20 Assistant Secretary for Governmental Affairs; not to ex21 ceed $25,925,000 shall be available for the Office of the 22 Assistant Secretary for Administration; not to exceed 23 $2,029,000 shall be available for the Office of Public Af24 fairs; not to exceed $1,737,000 shall be available for the 25 Office of the Executive Secretariat; not to exceed December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1475 1 $1,434,000 shall be available for the Office of Small and 2 Disadvantaged Business Utilization; not to exceed 3 $10,793,000 shall be available for the Office of Intel4 ligence, Security, and Emergency Response; and not to ex5 ceed $16,280,000 shall be available for the Office of the 6 Chief Information Officer: Provided, That the Secretary 7 of Transportation is authorized to transfer funds appro8 priated for any office of the Office of the Secretary to any 9 other office of the Office of the Secretary: Provided fur10 ther, That no appropriation for any office shall be in11 creased or decreased by more than 5 percent by all such 12 transfers: Provided further, That notice of any change in 13 funding greater than 5 percent shall be submitted for ap14 proval to the House and Senate Committees on Appropria15 tions: Provided further, That not to exceed $60,000 shall 16 be for allocation within the Department for official recep17 tion and representation expenses as the Secretary may de18 termine: Provided further, That notwithstanding any other 19 provision of law, excluding fees authorized in Public Law 20 107–71, there may be credited to this appropriation up 21 to $2,500,000 in funds received in user fees: Provided fur22 ther, That none of the funds provided in this Act shall 23 be available for the position of Assistant Secretary for 24 Public Affairs: Provided further, That not later than 60 25 days after the date of enactment of this Act, the Secretary December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1476 1 of Transportation shall transmit to Congress the final 2 Comprehensive Truck Size and Weight Limits Study, as 3 required by section 32801 of Public Law 112–141. 4 5 RESEARCH AND TECHNOLOGY For necessary expenses related to the Office of the 6 Assistant Secretary for Research and Technology, 7 $13,000,000, of which $8,218,000 shall remain available 8 until September 30, 2018: Provided, That there may be 9 credited to this appropriation, to be available until ex10 pended, funds received from States, counties, municipali11 ties, other public authorities, and private sources for ex12 penses incurred for training: Provided further, That any 13 reference in law, regulation, judicial proceedings, or else14 where to the Research and Innovative Technology Admin15 istration shall continue to be deemed to be a reference to 16 the Office of the Assistant Secretary for Research and 17 Technology of the Department of Transportation. 18 19 NATIONAL INFRASTRUCTURE INVESTMENTS For capital investments in surface transportation in- 20 frastructure, $500,000,000, to remain available through 21 September 30, 2019: Provided, That the Secretary of 22 Transportation shall distribute funds provided under this 23 heading as discretionary grants to be awarded to a State, 24 local government, transit agency, or a collaboration among 25 such entities on a competitive basis for projects that will December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1477 1 have a significant impact on the Nation, a metropolitan 2 area, or a region: Provided further, That projects eligible 3 for funding provided under this heading shall include, but 4 not be limited to, highway or bridge projects eligible under 5 title 23, United States Code; public transportation 6 projects eligible under chapter 53 of title 49, United 7 States Code; passenger and freight rail transportation 8 projects; and port infrastructure investments (including 9 inland port infrastructure and land ports of entry): Pro10 vided further, That the Secretary may use up to 20 per11 cent of the funds made available under this heading for 12 the purpose of paying the subsidy and administrative costs 13 of projects eligible for Federal credit assistance under 14 chapter 6 of title 23, United States Code, if the Secretary 15 finds that such use of the funds would advance the pur16 poses of this paragraph: Provided further, That in distrib17 uting funds provided under this heading, the Secretary 18 shall take such measures so as to ensure an equitable geo19 graphic distribution of funds, an appropriate balance in 20 addressing the needs of urban and rural areas, and the 21 investment in a variety of transportation modes: Provided 22 further, That a grant funded under this heading shall be 23 not less than $5,000,000 and not greater than 24 $100,000,000: Provided further, That not more than 20 25 percent of the funds made available under this heading December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1478 1 may be awarded to projects in a single State: Provided 2 further, That the Federal share of the costs for which an 3 expenditure is made under this heading shall be, at the 4 option of the recipient, up to 80 percent: Provided further, 5 That the Secretary shall give priority to projects that re6 quire a contribution of Federal funds in order to complete 7 an overall financing package: Provided further, That not 8 less than 20 percent of the funds provided under this 9 heading shall be for projects located in rural areas: Pro10 vided further, That for projects located in rural areas, the 11 minimum grant size shall be $1,000,000 and the Secretary 12 may increase the Federal share of costs above 80 percent: 13 Provided further, That projects conducted using funds pro14 vided under this heading must comply with the require15 ments of subchapter IV of chapter 31 of title 40, United 16 States Code: Provided further, That the Secretary shall 17 conduct a new competition to select the grants and credit 18 assistance awarded under this heading: Provided further, 19 That the Secretary may retain up to $20,000,000 of the 20 funds provided under this heading, and may transfer por21 tions of those funds to the Administrators of the Federal 22 Highway Administration, the Federal Transit Administra23 tion, the Federal Railroad Administration and the Mari24 time Administration, to fund the award and oversight of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1479 1 grants and credit assistance made under the National In2 frastructure Investments program. 3 4 FINANCIAL MANAGEMENT CAPITAL For necessary expenses for upgrading and enhancing 5 the Department of Transportation’s financial systems and 6 re-engineering business processes, $5,000,000, to remain 7 available through September 30, 2017. 8 9 CYBER SECURITY INITIATIVES For necessary expenses for cyber security initiatives, 10 including necessary upgrades to wide area network and 11 information technology infrastructure, improvement of 12 network perimeter controls and identity management, 13 testing and assessment of information technology against 14 business, security, and other requirements, implementa15 tion of Federal cyber security initiatives and information 16 infrastructure enhancements, implementation of enhanced 17 security controls on network devices, and enhancement of 18 cyber security workforce training tools, $8,000,000, to re19 main available through September 30, 2017. 20 21 OFFICE OF CIVIL RIGHTS For necessary expenses of the Office of Civil Rights, 22 $9,678,000. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1480 1 TRANSPORTATION PLANNING, RESEARCH, AND 2 DEVELOPMENT 3 For necessary expenses for conducting transportation 4 planning, research, systems development, development ac5 tivities, and making grants, to remain available until ex6 pended, $8,500,000: Provided, That of such amount, 7 $2,500,000 shall be for necessary expenses to establish an 8 Interagency Infrastructure Permitting Improvement Cen9 ter (IIPIC) that will implement reforms to improve inter10 agency coordination and the expediting of projects related 11 to the permitting and environmental review of major 12 transportation infrastructure projects including one-time 13 expenses to develop and deploy information technology 14 tools to track project schedules and metrics and improve 15 the transparency and accountability of the permitting 16 process: Provided further, That there may be transferred 17 to this appropriation, to remain available until expended, 18 amounts from other Federal agencies for expenses in19 curred under this heading for IIPIC activities not related 20 to transportation infrastructure: Provided further, That 21 the tools and analysis developed by the IIPIC shall be 22 available to other Federal agencies for the permitting and 23 review of major infrastructure projects not related to 24 transportation only to the extent that other Federal agen- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1481 1 cies provide funding to the Department as provided for 2 under the previous proviso. 3 WORKING CAPITAL FUND 4 For necessary expenses for operating costs and cap- 5 ital outlays of the Working Capital Fund, not to exceed 6 $190,039,000 shall be paid from appropriations made 7 available to the Department of Transportation: Provided, 8 That such services shall be provided on a competitive basis 9 to entities within the Department of Transportation: Pro10 vided further, That the above limitation on operating ex11 penses shall not apply to non-DOT entities: Provided fur12 ther, That no funds appropriated in this Act to an agency 13 of the Department shall be transferred to the Working 14 Capital Fund without majority approval of the Working 15 Capital Fund Steering Committee and approval of the 16 Secretary: Provided further, That no assessments may be 17 levied against any program, budget activity, subactivity or 18 project funded by this Act unless notice of such assess19 ments and the basis therefor are presented to the House 20 and Senate Committees on Appropriations and are ap21 proved by such Committees. 22 MINORITY BUSINESS RESOURCE CENTER PROGRAM 23 For the cost of guaranteed loans, $336,000, as au- 24 thorized by 49 U.S.C. 332: Provided, That such costs, in25 cluding the cost of modifying such loans, shall be as de- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1482 1 fined in section 502 of the Congressional Budget Act of 2 1974: Provided further, That these funds are available to 3 subsidize total loan principal, any part of which is to be 4 guaranteed, not to exceed $18,367,000. 5 In addition, for administrative expenses to carry out 6 the guaranteed loan program, $597,000. 7 8 MINORITY BUSINESS OUTREACH For necessary expenses of Minority Business Re- 9 source Center outreach activities, $3,084,000, to remain 10 available until September 30, 2017: Provided, That not11 withstanding 49 U.S.C. 332, these funds may be used for 12 business opportunities related to any mode of transpor13 tation. 14 PAYMENTS TO AIR CARRIERS 15 (AIRPORT AND AIRWAY TRUST FUND) 16 In addition to funds made available from any other 17 source to carry out the essential air service program under 18 49 U.S.C. 41731 through 41742, $175,000,000, to be de19 rived from the Airport and Airway Trust Fund, to remain 20 available until expended: Provided, That in determining 21 between or among carriers competing to provide service 22 to a community, the Secretary may consider the relative 23 subsidy requirements of the carriers: Provided further, 24 That basic essential air service minimum requirements 25 shall not include the 15-passenger capacity requirement December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1483 1 under subsection 41732(b)(3) of title 49, United States 2 Code: Provided further, That none of the funds in this Act 3 or any other Act shall be used to enter into a new contract 4 with a community located less than 40 miles from the 5 nearest small hub airport before the Secretary has nego6 tiated with the community over a local cost share: Pro7 vided further, That amounts authorized to be distributed 8 for the essential air service program under subsection 9 41742(b) of title 49, United States Code, shall be made 10 available immediately from amounts otherwise provided to 11 the Administrator of the Federal Aviation Administration: 12 Provided further, That the Administrator may reimburse 13 such amounts from fees credited to the account estab14 lished under section 45303 of title 49, United States Code. 15 ADMINISTRATIVE PROVISIONS—OFFICE OF THE 16 SECRETARY OF TRANSPORTATION 17 SEC. 101. None of the funds made available in this 18 Act to the Department of Transportation may be obligated 19 for the Office of the Secretary of Transportation to ap20 prove assessments or reimbursable agreements pertaining 21 to funds appropriated to the modal administrations in this 22 Act, except for activities underway on the date of enact23 ment of this Act, unless such assessments or agreements 24 have completed the normal reprogramming process for 25 Congressional notification. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1484 1 SEC. 102. Notwithstanding section 3324 of title 31, 2 United States Code, in addition to authority provided by 3 section 327 of title 49, United States Code, the Depart4 ment’s Working Capital Fund is hereby authorized to pro5 vide payments in advance to vendors that are necessary 6 to carry out the Federal transit pass transportation fringe 7 benefit program under Executive Order 13150 and section 8 3049 of Public Law 109–59: Provided, That the Depart9 ment shall include adequate safeguards in the contract 10 with the vendors to ensure timely and high-quality per11 formance under the contract. 12 SEC. 103. The Secretary shall post on the Web site 13 of the Department of Transportation a schedule of all 14 meetings of the Credit Council, including the agenda for 15 each meeting, and require the Credit Council to record the 16 decisions and actions of each meeting. 17 SEC. 104. In addition to authority provided by section 18 327 of title 49, United States Code, the Department’s 19 Working Capital Fund is hereby authorized to provide 20 partial or full payments in advance and accept subsequent 21 reimbursements from all Federal agencies for transit ben22 efit distribution services that are necessary to carry out 23 the Federal transit pass transportation fringe benefit pro24 gram under Executive Order No. 13150 and section 3049 25 of Public Law 109–59: Provided, That the Department December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1485 1 shall maintain a reasonable operating reserve in the Work2 ing Capital Fund, to be expended in advance to provide 3 uninterrupted transit benefits to Government employees, 4 provided that such reserve will not exceed one month of 5 benefits payable: Provided further, that such reserve may 6 be used only for the purpose of providing for the continu7 ation of transit benefits, provided that the Working Cap8 ital Fund will be fully reimbursed by each customer agen9 cy for the actual cost of the transit benefit. 10 FEDERAL AVIATION ADMINISTRATION 11 OPERATIONS 12 (AIRPORT AND AIRWAY TRUST FUND) 13 For necessary expenses of the Federal Aviation Ad- 14 ministration, not otherwise provided for, including oper15 ations and research activities related to commercial space 16 transportation, administrative expenses for research and 17 development, establishment of air navigation facilities, the 18 operation (including leasing) and maintenance of aircraft, 19 subsidizing the cost of aeronautical charts and maps sold 20 to the public, lease or purchase of passenger motor vehi21 cles for replacement only, in addition to amounts made 22 available by Public Law 112–95, $9,909,724,000 of which 23 $7,922,000,000 shall be derived from the Airport and Air24 way Trust Fund, of which not to exceed $7,505,293,000 25 shall be available for air traffic organization activities; not December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1486 1 to exceed $1,258,411,000 shall be available for aviation 2 safety activities; not to exceed $17,800,000 shall be avail3 able for commercial space transportation activities; not to 4 exceed $760,500,000 shall be available for finance and 5 management activities; not to exceed $60,089,000 shall be 6 available for NextGen and operations planning activities; 7 not to exceed $100,880,000 shall be available for security 8 and hazardous materials safety; and not to exceed 9 $206,751,000 shall be available for staff offices: Provided, 10 That not to exceed 2 percent of any budget activity, except 11 for aviation safety budget activity, may be transferred to 12 any budget activity under this heading: Provided further, 13 That no transfer may increase or decrease any appropria14 tion by more than 2 percent: Provided further, That any 15 transfer in excess of 2 percent shall be treated as a re16 programming of funds under section 405 of this Act and 17 shall not be available for obligation or expenditure except 18 in compliance with the procedures set forth in that section: 19 Provided further, That not later than March 31 of each 20 fiscal year hereafter, the Administrator of the Federal 21 Aviation Administration shall transmit to Congress an an22 nual update to the report submitted to Congress in De23 cember 2004 pursuant to section 221 of Public Law 108– 24 176: Provided further, That the amount herein appro25 priated shall be reduced by $100,000 for each day after December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1487 1 March 31 that such report has not been submitted to the 2 Congress: Provided further, That not later than March 31 3 of each fiscal year hereafter, the Administrator shall 4 transmit to Congress a companion report that describes 5 a comprehensive strategy for staffing, hiring, and training 6 flight standards and aircraft certification staff in a format 7 similar to the one utilized for the controller staffing plan, 8 including stated attrition estimates and numerical hiring 9 goals by fiscal year: Provided further, That the amount 10 herein appropriated shall be reduced by $100,000 per day 11 for each day after March 31 that such report has not been 12 submitted to Congress: Provided further, That funds may 13 be used to enter into a grant agreement with a nonprofit 14 standard-setting organization to assist in the development 15 of aviation safety standards: Provided further, That none 16 of the funds in this Act shall be available for new appli17 cants for the second career training program: Provided 18 further, That none of the funds in this Act shall be avail19 able for the Federal Aviation Administration to finalize 20 or implement any regulation that would promulgate new 21 aviation user fees not specifically authorized by law after 22 the date of the enactment of this Act: Provided further, 23 That there may be credited to this appropriation, as off24 setting collections, funds received from States, counties, 25 municipalities, foreign authorities, other public authori- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1488 1 ties, and private sources for expenses incurred in the pro2 vision of agency services, including receipts for the mainte3 nance and operation of air navigation facilities, and for 4 issuance, renewal or modification of certificates, including 5 airman, aircraft, and repair station certificates, or for 6 tests related thereto, or for processing major repair or al7 teration forms: Provided further, That of the funds appro8 priated under this heading, not less than $154,400,000 9 shall be for the contract tower program, including the con10 tract tower cost share program: Provided further, That 11 none of the funds in this Act for aeronautical charting 12 and cartography are available for activities conducted by, 13 or coordinated through, the Working Capital Fund: Pro14 vided further, That not later than 60 days after enactment 15 of this Act, the Administrator shall review and update the 16 agency’s ‘‘Community Involvement Manual’’ related to 17 new air traffic procedures, public outreach and community 18 involvement: Provided further, That the Administrator 19 shall complete and implement a plan which enhances com20 munity involvement techniques and proactively addresses 21 concerns associated with performance based navigation 22 projects: Provided further, That the Administrator shall 23 transmit, in electronic format, the community involvement 24 manual and plan to the House and Senate Committees 25 on Appropriations, the House Committee on Transpor- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1489 1 tation and Infrastructure, and the Senate Committee on 2 Commerce, Science and Transportation not later than 180 3 days after enactment of this Act. 4 FACILITIES AND EQUIPMENT 5 (AIRPORT AND AIRWAY TRUST FUND) 6 For necessary expenses, not otherwise provided for, 7 for acquisition, establishment, technical support services, 8 improvement by contract or purchase, and hire of national 9 airspace systems and experimental facilities and equip10 ment, as authorized under part A of subtitle VII of title 11 49, United States Code, including initial acquisition of 12 necessary sites by lease or grant; engineering and service 13 testing, including construction of test facilities and acqui14 sition of necessary sites by lease or grant; construction 15 and furnishing of quarters and related accommodations 16 for officers and employees of the Federal Aviation Admin17 istration stationed at remote localities where such accom18 modations are not available; and the purchase, lease, or 19 transfer of aircraft from funds available under this head20 ing, including aircraft for aviation regulation and certifi21 cation; to be derived from the Airport and Airway Trust 22 Fund, $2,855,000,000, of which $470,049,000 shall re23 main available until September 30, 2016, and 24 $2,384,951,000 shall remain available until September 30, 25 2018: Provided, That there may be credited to this appro- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1490 1 priation funds received from States, counties, municipali2 ties, other public authorities, and private sources, for ex3 penses incurred in the establishment, improvement, and 4 modernization of national airspace systems: Provided fur5 ther, That no later than March 31, the Secretary of Trans6 portation shall transmit to the Congress an investment 7 plan for the Federal Aviation Administration which in8 cludes funding for each budget line item for fiscal years 9 2017 through 2021, with total funding for each year of 10 the plan constrained to the funding targets for those years 11 as estimated and approved by the Office of Management 12 and Budget: Provided further, That the amount herein ap13 propriated shall be reduced by $100,000 per day for each 14 day after March 31 that such report has not been sub15 mitted to Congress. 16 RESEARCH, ENGINEERING, AND DEVELOPMENT 17 (AIRPORT AND AIRWAY TRUST FUND) 18 For necessary expenses, not otherwise provided for, 19 for research, engineering, and development, as authorized 20 under part A of subtitle VII of title 49, United States 21 Code, including construction of experimental facilities and 22 acquisition of necessary sites by lease or grant, 23 $166,000,000, to be derived from the Airport and Airway 24 Trust Fund and to remain available until September 30, 25 2018: Provided, That there may be credited to this appro- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1491 1 priation as offsetting collections, funds received from 2 States, counties, municipalities, other public authorities, 3 and private sources, which shall be available for expenses 4 incurred for research, engineering, and development. 5 GRANTS-IN-AID FOR AIRPORTS 6 (LIQUIDATION OF CONTRACT AUTHORIZATION) 7 (LIMITATION ON OBLIGATIONS) 8 (AIRPORT AND AIRWAY TRUST FUND) 9 (INCLUDING TRANSFER OF FUNDS) 10 For liquidation of obligations incurred for grants-in- 11 aid for airport planning and development, and noise com12 patibility planning and programs as authorized under sub13 chapter I of chapter 471 and subchapter I of chapter 475 14 of title 49, United States Code, and under other law au15 thorizing such obligations; for procurement, installation, 16 and commissioning of runway incursion prevention devices 17 and systems at airports of such title; for grants authorized 18 under section 41743 of title 49, United States Code; and 19 for inspection activities and administration of airport safe20 ty programs, including those related to airport operating 21 certificates under section 44706 of title 49, United States 22 Code, $3,600,000,000, to be derived from the Airport and 23 Airway Trust Fund and to remain available until ex24 pended: Provided, That none of the funds under this head25 ing shall be available for the planning or execution of pro- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1492 1 grams the obligations for which are in excess of 2 $3,350,000,000 in fiscal year 2016, notwithstanding sec3 tion 47117(g) of title 49, United States Code: Provided 4 further, That none of the funds under this heading shall 5 be available for the replacement of baggage conveyor sys6 tems, reconfiguration of terminal baggage areas, or other 7 airport improvements that are necessary to install bulk ex8 plosive detection systems: Provided further, That notwith9 standing section 47109(a) of title 49, United States Code, 10 the Government’s share of allowable project costs under 11 paragraph (2) for subgrants or paragraph (3) of that sec12 tion shall be 95 percent for a project at other than a large 13 or medium hub airport that is a successive phase of a 14 multi-phased construction project for which the project 15 sponsor received a grant in fiscal year 2011 for the con16 struction project: Provided further, That notwithstanding 17 any other provision of law, of funds limited under this 18 heading, not more than $107,100,000 shall be obligated 19 for administration, not less than $15,000,000 shall be 20 available for the Airport Cooperative Research Program, 21 not less than $31,000,000 shall be available for Airport 22 Technology Research, and $5,000,000, to remain available 23 until expended, shall be available and transferred to ‘‘Of24 fice of the Secretary, Salaries and Expenses’’ to carry out 25 the Small Community Air Service Development Program: December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1493 1 Provided further, That in addition to airports eligible 2 under section 41743 of title 49, such program may include 3 the participation of an airport that serves a community 4 or consortium that is not larger than a small hub airport, 5 according to FAA hub classifications effective at the time 6 the Office of the Secretary issues a request for proposals. 7 ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION 8 ADMINISTRATION 9 SEC. 110. None of the funds in this Act may be used 10 to compensate in excess of 600 technical staff-years under 11 the federally funded research and development center con12 tract between the Federal Aviation Administration and the 13 Center for Advanced Aviation Systems Development dur14 ing fiscal year 2016. 15 SEC. 111. None of the funds in this Act shall be used 16 to pursue or adopt guidelines or regulations requiring air17 port sponsors to provide to the Federal Aviation Adminis18 tration without cost building construction, maintenance, 19 utilities and expenses, or space in airport sponsor-owned 20 buildings for services relating to air traffic control, air 21 navigation, or weather reporting: Provided, That the pro22 hibition of funds in this section does not apply to negotia23 tions between the agency and airport sponsors to achieve 24 agreement on ‘‘below-market’’ rates for these items or to 25 grant assurances that require airport sponsors to provide December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1494 1 land without cost to the FAA for air traffic control facili2 ties. 3 SEC. 112. The Administrator of the Federal Aviation 4 Administration may reimburse amounts made available to 5 satisfy 49 U.S.C. 41742(a)(1) from fees credited under 6 49 U.S.C. 45303 and any amount remaining in such ac7 count at the close of that fiscal year may be made available 8 to satisfy section 41742(a)(1) for the subsequent fiscal 9 year. 10 SEC. 113. Amounts collected under section 40113(e) 11 of title 49, United States Code, shall be credited to the 12 appropriation current at the time of collection, to be 13 merged with and available for the same purposes of such 14 appropriation. 15 SEC. 114. None of the funds in this Act shall be avail- 16 able for paying premium pay under subsection 5546(a) of 17 title 5, United States Code, to any Federal Aviation Ad18 ministration employee unless such employee actually per19 formed work during the time corresponding to such pre20 mium pay. 21 SEC. 115. None of the funds in this Act may be obli- 22 gated or expended for an employee of the Federal Aviation 23 Administration to purchase a store gift card or gift certifi24 cate through use of a Government-issued credit card. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1495 1 SEC. 116. The Secretary shall apportion to the spon- 2 sor of an airport that received scheduled or unscheduled 3 air service from a large certified air carrier (as defined 4 in part 241 of title 14 Code of Federal Regulations, or 5 such other regulations as may be issued by the Secretary 6 under the authority of section 41709) an amount equal 7 to the minimum apportionment specified in 49 U.S.C. 8 47114(c), if the Secretary determines that airport had 9 more than 10,000 passenger boardings in the preceding 10 calendar year, based on data submitted to the Secretary 11 under part 241 of title 14, Code of Federal Regulations. 12 SEC. 117. None of the funds in this Act may be obli- 13 gated or expended for retention bonuses for an employee 14 of the Federal Aviation Administration without the prior 15 written approval of the Assistant Secretary for Adminis16 tration of the Department of Transportation. 17 SEC. 118. Notwithstanding any other provision of 18 law, none of the funds made available under this Act or 19 any prior Act may be used to implement or to continue 20 to implement any limitation on the ability of any owner 21 or operator of a private aircraft to obtain, upon a request 22 to the Administrator of the Federal Aviation Administra23 tion, a blocking of that owner’s or operator’s aircraft reg24 istration number from any display of the Federal Aviation 25 Administration’s Aircraft Situational Display to Industry December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1496 1 data that is made available to the public, except data made 2 available to a Government agency, for the noncommercial 3 flights of that owner or operator. 4 SEC. 119. None of the funds in this Act shall be avail- 5 able for salaries and expenses of more than nine political 6 and Presidential appointees in the Federal Aviation Ad7 ministration. 8 SEC. 119A. None of the funds made available under 9 this Act may be used to increase fees pursuant to section 10 44721 of title 49, United States Code, until the FAA pro11 vides to the House and Senate Committees on Appropria12 tions a report that justifies all fees related to aeronautical 13 navigation products and explains how such fees are con14 sistent with Executive Order 13642. 15 SEC. 119B. None of the funds in this Act may be 16 used to close a regional operations center of the Federal 17 Aviation Administration or reduce its services unless the 18 Administrator notifies the House and Senate Committees 19 on Appropriations not less than 90 full business days in 20 advance. 21 SEC. 119C. None of the funds appropriated or limited 22 by this Act may be used to change weight restrictions or 23 prior permission rules at Teterboro airport in Teterboro, 24 New Jersey. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1497 1 FEDERAL HIGHWAY ADMINISTRATION 2 LIMITATION ON ADMINISTRATIVE EXPENSES 3 (HIGHWAY TRUST FUND) 4 (INCLUDING TRANSFER OF FUNDS) 5 Not to exceed $425,752,000, together with advances 6 and reimbursements received by the Federal Highway Ad7 ministration, shall be obligated for necessary expenses for 8 administration and operation of the Federal Highway Ad9 ministration. In addition, not to exceed $3,248,000 shall 10 be transferred to the Appalachian Regional Commission 11 in accordance with section 104 of title 23, United States 12 Code. 13 FEDERAL-AID HIGHWAYS 14 (LIMITATION ON OBLIGATIONS) 15 (HIGHWAY TRUST FUND) 16 Funds available for the implementation or execution 17 of Federal-aid highway and highway safety construction 18 programs authorized under titles 23 and 49, United States 19 Code, and the provisions of the Fixing America’s Surface 20 Transportation Act shall not exceed total obligations of 21 $42,361,000,000 for fiscal year 2016: Provided, That the 22 Secretary may collect and spend fees, as authorized by 23 title 23, United States Code, to cover the costs of services 24 of expert firms, including counsel, in the field of municipal 25 and project finance to assist in the underwriting and serv- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1498 1 icing of Federal credit instruments and all or a portion 2 of the costs to the Federal Government of servicing such 3 credit instruments: Provided further, That such fees are 4 available until expended to pay for such costs: Provided 5 further, That such amounts are in addition to administra6 tive expenses that are also available for such purpose, and 7 are not subject to any obligation limitation or the limita8 tion on administrative expenses under section 608 of title 9 23, United States Code. 10 (LIQUIDATION OF CONTRACT AUTHORIZATION) 11 (HIGHWAY TRUST FUND) 12 For the payment of obligations incurred in carrying 13 out Federal-aid highway and highway safety construction 14 programs authorized under title 23, United States Code, 15 $43,100,000,000 derived from the Highway Trust Fund 16 (other than the Mass Transit Account), to remain avail17 able until expended. 18 ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY 19 ADMINISTRATION 20 SEC. 120. (a) For fiscal year 2016, the Secretary of 21 Transportation shall— 22 23 December 16, 2015 (1:04 a.m.) (1) not distribute from the obligation limitation for Federal-aid highways— U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1499 1 (A) amounts authorized for administrative 2 expenses and programs by section 104(a) of 3 title 23, United States Code; and 4 (B) amounts authorized for the Bureau of 5 Transportation Statistics; 6 (2) not distribute an amount from the obliga- 7 tion limitation for Federal-aid highways that is equal 8 to the unobligated balance of amounts— 9 (A) made available from the Highway 10 Trust Fund (other than the Mass Transit Ac- 11 count) for Federal-aid highway and highway 12 safety construction programs for previous fiscal 13 years the funds for which are allocated by the 14 Secretary (or apportioned by the Secretary 15 under sections 202 or 204 of title 23, United 16 States Code); and 17 (B) for which obligation limitation was 18 provided in a previous fiscal year; 19 (3) determine the proportion that— 20 (A) the obligation limitation for Federal- 21 aid highways, less the aggregate of amounts not 22 distributed under paragraphs (1) and (2) of 23 this subsection; bears to 24 (B) the total of the sums authorized to be 25 appropriated for the Federal-aid highway and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1500 1 highway safety construction programs (other 2 than sums authorized to be appropriated for 3 provisions of law described in paragraphs (1) 4 through (11) of subsection (b) and sums au- 5 thorized to be appropriated for section 119 of 6 title 23, United States Code, equal to the 7 amount referred to in subsection (b)(12) for 8 such fiscal year), less the aggregate of the 9 amounts not distributed under paragraphs (1) 10 and (2) of this subsection; 11 (4) distribute the obligation limitation for Fed- 12 eral-aid highways, less the aggregate amounts not 13 distributed under paragraphs (1) and (2), for each 14 of the programs (other than programs to which 15 paragraph (1) applies) that are allocated by the Sec- 16 retary under the Fixing America’s Surface Trans- 17 portation Act and title 23, United States Code, or 18 apportioned by the Secretary under sections 202 or 19 204 of that title, by multiplying— 20 21 (A) the proportion determined under paragraph (3); by 22 (B) the amounts authorized to be appro- 23 priated for each such program for such fiscal 24 year; and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1501 1 (5) distribute the obligation limitation for Fed- 2 eral-aid highways, less the aggregate amounts not 3 distributed under paragraphs (1) and (2) and the 4 amounts distributed under paragraph (4), for Fed- 5 eral-aid highway and highway safety construction 6 programs that are apportioned by the Secretary 7 under title 23, United States Code (other than the 8 amounts apportioned for the National Highway Per- 9 formance Program in section 119 of title 23, United 10 States Code, that are exempt from the limitation 11 under subsection (b)(12) and the amounts appor- 12 tioned under sections 202 and 204 of that title) in 13 the proportion that— 14 (A) amounts authorized to be appropriated 15 for the programs that are apportioned under 16 title 23, United States Code, to each State for 17 such fiscal year; bears to 18 (B) the total of the amounts authorized to 19 be appropriated for the programs that are ap- 20 portioned under title 23, United States Code, to 21 all States for such fiscal year. 22 (b) EXCEPTIONS FROM OBLIGATION LIMITATION.— 23 The obligation limitation for Federal-aid highways shall 24 not apply to obligations under or for— 25 December 16, 2015 (1:04 a.m.) (1) section 125 of title 23, United States Code; U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1502 1 (2) section 147 of the Surface Transportation 2 Assistance Act of 1978 (23 U.S.C. 144 note; 92 3 Stat. 2714); 4 5 (3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701); 6 (4) subsections (b) and (j) of section 131 of the 7 Surface Transportation Assistance Act of 1982 (96 8 Stat. 2119); 9 (5) subsections (b) and (c) of section 149 of the 10 Surface Transportation and Uniform Relocation As- 11 sistance Act of 1987 (101 Stat. 198); 12 (6) sections 1103 through 1108 of the Inter- 13 modal Surface Transportation Efficiency Act of 14 1991 (105 Stat. 2027); 15 16 (7) section 157 of title 23, United States Code (as in effect on June 8, 1998); 17 (8) section 105 of title 23, United States Code 18 (as in effect for fiscal years 1998 through 2004, but 19 only in an amount equal to $639,000,000 for each 20 of those fiscal years); 21 (9) Federal-aid highway programs for which ob- 22 ligation authority was made available under the 23 Transportation Equity Act for the 21st Century 24 (112 Stat. 107) or subsequent Acts for multiple 25 years or to remain available until expended, but only December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1503 1 to the extent that the obligation authority has not 2 lapsed or been used; 3 (10) section 105 of title 23, United States Code 4 (as in effect for fiscal years 2005 through 2012, but 5 only in an amount equal to $639,000,000 for each 6 of those fiscal years); 7 (11) section 1603 of SAFETEA–LU (23 8 U.S.C. 118 note; 119 Stat. 1248), to the extent that 9 funds obligated in accordance with that section were 10 not subject to a limitation on obligations at the time 11 at which the funds were initially made available for 12 obligation; and 13 (12) section 119 of title 23, United States Code 14 (but, for each of fiscal years 2013 through 2016, 15 only in an amount equal to $639,000,000). 16 (c) REDISTRIBUTION 17 OF THORITY.—Notwithstanding UNUSED OBLIGATION AU- subsection (a), the Secretary 18 shall, after August 1 of such fiscal year— 19 (1) revise a distribution of the obligation limita- 20 tion made available under subsection (a) if an 21 amount distributed cannot be obligated during that 22 fiscal year; and 23 (2) redistribute sufficient amounts to those 24 States able to obligate amounts in addition to those 25 previously distributed during that fiscal year, giving December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1504 1 priority to those States having large unobligated bal- 2 ances of funds apportioned under sections 144 (as in 3 effect on the day before the date of enactment of 4 Public Law 112–141) and 104 of title 23, United 5 States Code. 6 (d) APPLICABILITY OF OBLIGATION LIMITATIONS TO 7 TRANSPORTATION RESEARCH PROGRAMS.— 8 (1) IN GENERAL.—Except as provided in para- 9 graph (2), the obligation limitation for Federal-aid 10 highways shall apply to contract authority for trans- 11 portation research programs carried out under— 12 13 (A) chapter 5 of title 23, United States Code; and 14 (B) title VI of the Fixing America’s Sur- 15 face Transportation Act. 16 (2) EXCEPTION.—Obligation authority made 17 available under paragraph (1) shall— 18 19 (A) remain available for a period of 4 fiscal years; and 20 (B) be in addition to the amount of any 21 limitation imposed on obligations for Federal- 22 aid highway and highway safety construction 23 programs for future fiscal years. 24 (e) REDISTRIBUTION 25 FUNDS.— December 16, 2015 (1:04 a.m.) OF CERTAIN AUTHORIZED U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1505 1 (1) IN GENERAL.—Not later than 30 days after 2 the date of distribution of obligation limitation 3 under subsection (a), the Secretary shall distribute 4 to the States any funds (excluding funds authorized 5 for the program under section 202 of title 23, 6 United States Code) that— 7 (A) are authorized to be appropriated for 8 such fiscal year for Federal-aid highway pro- 9 grams; and 10 (B) the Secretary determines will not be 11 allocated to the States (or will not be appor- 12 tioned to the States under section 204 of title 13 23, United States Code), and will not be avail- 14 able for obligation, for such fiscal year because 15 of the imposition of any obligation limitation for 16 such fiscal year. 17 (2) RATIO.—Funds shall be distributed under 18 paragraph (1) in the same proportion as the dis- 19 tribution of obligation authority under subsection 20 (a)(5). 21 (3) AVAILABILITY.—Funds distributed to each 22 State under paragraph (1) shall be available for any 23 purpose described in section 133(b) of title 23, 24 United States Code. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1506 1 SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re- 2 ceived by the Bureau of Transportation Statistics from the 3 sale of data products, for necessary expenses incurred pur4 suant to chapter 63 of title 49, United States Code, may 5 be credited to the Federal-aid highways account for the 6 purpose of reimbursing the Bureau for such expenses: 7 Provided, That such funds shall be subject to the obliga8 tion limitation for Federal-aid highway and highway safety 9 construction programs. 10 SEC. 122. Not less than 15 days prior to waiving, 11 under his or her statutory authority, any Buy America re12 quirement for Federal-aid highways projects, the Sec13 retary of Transportation shall make an informal public no14 tice and comment opportunity on the intent to issue such 15 waiver and the reasons therefor: Provided, That the Sec16 retary shall provide an annual report to the House and 17 Senate Committees on Appropriations on any waivers 18 granted under the Buy America requirements. 19 SEC. 123. None of the funds in this Act to the De- 20 partment of Transportation may be used to provide credit 21 assistance unless not less than 3 days before any applica22 tion approval to provide credit assistance under sections 23 603 and 604 of title 23, United States Code, the Secretary 24 of Transportation provides notification in writing to the 25 following committees: the House and Senate Committees December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1507 1 on Appropriations; the Committee on Environment and 2 Public Works and the Committee on Banking, Housing 3 and Urban Affairs of the Senate; and the Committee on 4 Transportation and Infrastructure of the House of Rep5 resentatives: Provided, That such notification shall in6 clude, but not be limited to, the name of the project spon7 sor; a description of the project; whether credit assistance 8 will be provided as a direct loan, loan guarantee, or line 9 of credit; and the amount of credit assistance. 10 SEC. 124. Section 127 of title 23, United States 11 Code, is amended— 12 13 14 15 (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 pro- 16 hibited under this section from operating on a segment 17 of the Interstate System in the State of Idaho may operate 18 on such a segment if such vehicle– 19 20 ‘‘(1) has a gross vehicle weight of 129,000 pounds or less; 21 ‘‘(2) other than gross vehicle weight, complies 22 with the single axle, tandem axle, and bridge for- 23 mula limits set forth in subsection (a); and 24 25 December 16, 2015 (1:04 a.m.) ‘‘(3) is authorized to operate on such segment under Idaho State law.’’. U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1508 1 SEC. 125. (a) A State or territory, as defined in sec- 2 tion 165 of title 23, United States Code, may use for any 3 project eligible under section 133(b) of title 23 or section 4 165 of title 23 and located within the boundary of the 5 State or territory any earmarked amount, and any associ6 ated obligation limitation, provided that the Department 7 of Transportation for the State or territory for which the 8 earmarked amount was originally designated or directed 9 notifies the Secretary of Transportation of its intent to 10 use its authority under this section and submits a quar11 terly report to the Secretary identifying the projects to 12 which the funding would be applied. Notwithstanding the 13 original period of availability of funds to be obligated 14 under this section, such funds and associated obligation 15 limitation shall remain available for obligation for a period 16 of 3 fiscal years after the fiscal year in which the Sec17 retary of Transportation is notified. The Federal share of 18 the cost of a project carried out with funds made available 19 under this section shall be the same as associated with 20 the earmark. 21 (b) In this section, the term ‘‘earmarked amount’’ 22 means— 23 (1) congressionally directed spending, as de- 24 fined in rule XLIV of the Standing Rules of the 25 Senate, identified in a prior law, report, or joint ex- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1509 1 planatory statement, which was authorized to be ap- 2 propriated or appropriated more than 10 fiscal years 3 prior to the fiscal year in which this Act becomes ef- 4 fective, and administered by the Federal Highway 5 Administration; or 6 (2) a congressional earmark, as defined in rule 7 XXI of the Rules of the House of Representatives 8 identified in a prior law, report, or joint explanatory 9 statement, which was authorized to be appropriated 10 or appropriated more than 10 fiscal years prior to 11 the fiscal year in which this Act becomes effective, 12 and administered by the Federal Highway Adminis- 13 tration. 14 (c) The authority under subsection (a) may be exer- 15 cised only for those projects or activities that have obli16 gated less than 10 percent of the amount made available 17 for obligation as of the effective date of this Act, and shall 18 be applied to projects within the same general geographic 19 area within 50 miles for which the funding was des20 ignated, except that a State or territory may apply such 21 authority to unexpended balances of funds from projects 22 or activities the State or territory certifies have been 23 closed and for which payments have been made under a 24 final voucher. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1510 1 (d) The Secretary shall submit consolidated reports 2 of the information provided by the States and territories 3 each quarter to the House and Senate Committees on Ap4 propriations. 5 SEC. 126. Notwithstanding any other provision of 6 law, the amount that the Secretary sets aside for fiscal 7 year 2016 under section 130(e)(1) of title 23, United 8 States Code, for the elimination of hazards and the instal9 lation of protective devices at railway-highway crossings 10 shall be $350,000,000. 11 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION 12 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS 13 (LIQUIDATION OF CONTRACT AUTHORIZATION) 14 (LIMITATION ON OBLIGATIONS) 15 (HIGHWAY TRUST FUND) 16 For payment of obligations incurred in the implemen- 17 tation, execution and administration of motor carrier safe18 ty operations and programs pursuant to section 31110(a)– 19 (c) of title 49, United States Code, and section 4134 of 20 Public Law 109–59, as amended by Public Law 112–141, 21 as amended by the Fixing America’s Surface Transpor22 tation Act, $267,400,000, to be derived from the Highway 23 Trust Fund (other than the Mass Transit Account), to24 gether with advances and reimbursements received by the 25 Federal Motor Carrier Safety Administration, the sum of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1511 1 which shall remain available until expended: Provided, 2 That funds available for implementation, execution or ad3 ministration of motor carrier safety operations and pro4 grams authorized under title 49, United States Code, shall 5 not exceed total obligations of $267,400,000 for ‘‘Motor 6 Carrier Safety Operations and Programs’’ for fiscal year 7 2016, of which $9,000,000, to remain available for obliga8 tion until September 30, 2018, is for the research and 9 technology program, and of which $34,545,000, to remain 10 available for obligation until September 30, 2018, is for 11 information management: Provided further, That 12 $1,000,000 shall be made available for commercial motor 13 vehicle operator grants to carry out section 4134 of Public 14 Law 109–59, as amended by Public Law 112–141, as 15 amended by the Fixing America’s Surface Transportation 16 Act. 17 MOTOR CARRIER SAFETY GRANTS 18 (LIQUIDATION OF CONTRACT AUTHORIZATION) 19 (LIMITATION ON OBLIGATIONS) 20 (HIGHWAY TRUST FUND) 21 For payment of obligations incurred in carrying out 22 sections 31102, 31104(a), 31106, 31107, 31109, 31309, 23 31313 of title 49, United States Code, and sections 4126 24 and 4128 of Public Law 109–59, as amended by Public 25 Law 112–141, as amended by the Fixing America’s Sur- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1512 1 face Transportation Act, $313,000,000, to be derived 2 from the Highway Trust Fund (other than the Mass Tran3 sit Account) and to remain available until expended: Pro4 vided, That funds available for the implementation or exe5 cution of motor carrier safety programs shall not exceed 6 total obligations of $313,000,000 in fiscal year 2016 for 7 ‘‘Motor Carrier Safety Grants’’; of which $218,000,000 8 shall be available for the motor carrier safety assistance 9 program, $30,000,000 shall be available for commercial 10 driver’s license program improvement grants, $32,000,000 11 shall be available for border enforcement grants, 12 $5,000,000 shall be available for performance and reg13 istration information system management grants, 14 $25,000,000 shall be available for the commercial vehicle 15 information systems and networks deployment program, 16 and $3,000,000 shall be available for safety data improve17 ment grants: Provided further, That, of the funds made 18 available herein for the motor carrier safety assistance 19 program, $32,000,000 shall be available for audits of new 20 entrant motor carriers. 21 ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR 22 CARRIER SAFETY ADMINISTRATION 23 SEC. 130. (a) Funds appropriated or limited in this 24 Act shall be subject to the terms and conditions stipulated December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1513 1 in section 350 of Public Law 107–87 and section 6901 2 of Public Law 110–28. 3 (b) Section 350(d) of the Department of Transpor- 4 tation and Related Agencies Appropriation Act, 2002 5 (Public Law 107–87) is hereby repealed. 6 SEC. 131. The Federal Motor Carrier Safety Admin- 7 istration shall send notice of 49 CFR section 385.308 vio8 lations by certified mail, registered mail, or another man9 ner of delivery, which records the receipt of the notice by 10 the persons responsible for the violations. 11 SEC. 132. None of the funds limited or otherwise 12 made available under this Act, or any other Act, hereafter, 13 shall be used by the Secretary to enforce any regulation 14 prohibiting a State from issuing a commercial learner’s 15 permit to individuals under the age of eighteen if the State 16 had a law authorizing the issuance of commercial learner’s 17 permits to individuals under eighteen years of age as of 18 May 9, 2011. 19 SEC. 133. None of the funds appropriated or other- 20 wise made available by this Act or any other Act may be 21 used to implement, administer, or enforce sections 22 395.3(c) and 395.3(d) of title 49, Code of Federal Regula23 tions, and such section shall have no force or effect on 24 submission of the final report issued by the Secretary, as 25 required by section 133 of division K of Public Law 113– December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1514 1 235, unless the Secretary and the Inspector General of 2 the Department of Transportation each review and deter3 mine that the final report— 4 5 (1) meets the statutory requirements set forth in such section; and 6 (2) establishes that commercial motor vehicle 7 drivers who operated under the restart provisions in 8 effect between July 1, 2013, and the day before the 9 date of enactment of such Public Law demonstrated 10 statistically significant improvement in all outcomes 11 related to safety, operator fatigue, driver health and 12 longevity, and work schedules, in comparison to 13 commercial motor vehicle drivers who operated 14 under the restart provisions in effect on June 30, 15 2013. 16 SEC. 134. None of the funds limited or otherwise 17 made available under the heading ‘‘Motor Carrier Safety 18 Operations and Programs’’ may be used to deny an appli19 cation to renew a Hazardous Materials Safety Program 20 permit for a motor carrier based on that carrier’s Haz21 ardous Materials Out-of-Service rate, unless the carrier 22 has the opportunity to submit a written description of cor23 rective actions taken, and other documentation the carrier 24 wishes the Secretary to consider, including submitting a 25 corrective action plan, and the Secretary determines the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1515 1 actions or plan is insufficient to address the safety con2 cerns that resulted in that Hazardous Materials Out-of3 Service rate. 4 SEC. 135. None of the funds made available by this 5 Act or previous appropriations Acts under the heading 6 ‘‘Motor Carrier Safety Operations and Programs’’ shall be 7 used to pay for costs associated with design, development, 8 testing, or implementation of a wireless roadside inspec9 tion program until 180 days after the Secretary of Trans10 portation certifies to the House and Senate Committees 11 on Appropriations that such program does not conflict 12 with existing non-Federal electronic screening systems, 13 create capabilities already available, or require additional 14 statutory authority to incorporate generated inspection 15 data into safety determinations or databases, and has re16 strictions to specifically address privacy concerns of af17 fected motor carriers and operators: Provided, That noth18 ing in this section shall be construed as affecting the De19 partment’s ongoing research efforts in this area. 20 SEC. 136. Section 13506(a) of title 49, United States 21 Code, is amended: 22 (1) in subsection (14) by striking ‘‘or’’; 23 (2) in subsection (15) by striking ‘‘.’’ and in- 24 December 16, 2015 (1:04 a.m.) serting ‘‘; or’’; and U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1516 1 (3) by inserting at the end, ‘‘(16) the transpor- 2 tation of passengers by 9 to 15 passenger motor ve- 3 hicles operated by youth or family camps that pro- 4 vide recreational or educational activities.’’. 5 SEC. 137. (a) IN GENERAL.—Section 31112(c)(5) of 6 title 49, United States Code, is amended— 7 8 9 (1) by striking ‘‘Nebraska may’’ and inserting ‘‘Nebraska and Kansas may’’; and (2) by striking ‘‘the State of Nebraska’’ and in- 10 serting ‘‘the relevant state’’. 11 (b) CONFORMING AND TECHNICAL AMENDMENTS.— 12 Section 31112(c) of such title is amended— 13 (1) by striking the subsection designation and 14 heading and inserting the following: 15 ‘‘(c) SPECIAL RULES FOR WYOMING, OHIO, ALASKA, 16 IOWA, NEBRASKA, AND KANSAS.—’’; 17 18 19 20 (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’’. 21 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 22 23 OPERATIONS AND RESEARCH For expenses necessary to discharge the functions of 24 the Secretary, with respect to traffic and highway safety 25 authorized under chapter 301 and part C of subtitle VI December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1517 1 of title 49, United States Code, $152,800,000, of which 2 $20,000,000 shall remain available through September 3 30, 2017. 4 OPERATIONS AND RESEARCH 5 (LIQUIDATION OF CONTRACT AUTHORIZATION) 6 (LIMITATION ON OBLIGATIONS) 7 (HIGHWAY TRUST FUND) 8 For payment of obligations incurred in carrying out 9 the provisions of 23 U.S.C. 403, and chapter 303 of title 10 49, United States Code, $142,900,000, to be derived from 11 the Highway Trust Fund (other than the Mass Transit 12 Account) and to remain available until expended: Pro13 vided, That none of the funds in this Act shall be available 14 for the planning or execution of programs the total obliga15 tions for which, in fiscal year 2016, are in excess of 16 $142,900,000, of which $137,800,000 shall be for pro17 grams authorized under 23 U.S.C. 403 and $5,100,000 18 shall be for the National Driver Register authorized under 19 chapter 303 of title 49, United States Code: Provided fur20 ther, That within the $142,900,000 obligation limitation 21 for operations and research, $20,000,000 shall remain 22 available until September 30, 2017, and shall be in addi23 tion to the amount of any limitation imposed on obliga24 tions for future years. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1518 1 HIGHWAY TRAFFIC SAFETY GRANTS 2 (LIQUIDATION OF CONTRACT AUTHORIZATION) 3 (LIMITATION ON OBLIGATIONS) 4 (HIGHWAY TRUST FUND) 5 For payment of obligations incurred in carrying out 6 provisions of 23 U.S.C. 402, 404, and 405, and section 7 4001(a)(6) of the Fixing America’s Surface Transpor8 tation Act, to remain available until expended, 9 $573,332,000, to be derived from the Highway Trust 10 Fund (other than the Mass Transit Account): Provided, 11 That none of the funds in this Act shall be available for 12 the planning or execution of programs the total obligations 13 for which, in fiscal year 2016, are in excess of 14 $573,332,000 for programs authorized under 23 U.S.C. 15 402, 404, and 405, and section 4001(a)(6) of the Fixing 16 America’s Surface Transportation Act, of which 17 $243,500,000 shall be for ‘‘Highway Safety Programs’’ 18 under 23 U.S.C. 402; $274,700,000 shall be for ‘‘National 19 Priority Safety Programs’’ under 23 U.S.C. 405; 20 $29,300,000 shall be for ‘‘High Visibility Enforcement 21 Program’’ under 23 U.S.C. 404; $25,832,000 shall be for 22 ‘‘Administrative Expenses’’ under section 4001(a)(6) of 23 the Fixing America’s Surface Transportation Act: Pro24 vided further, That none of these funds shall be used for 25 construction, rehabilitation, or remodeling costs, or for of- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1519 1 fice furnishings and fixtures for State, local or private 2 buildings or structures: Provided further, That not to ex3 ceed $500,000 of the funds made available for ‘‘National 4 Priority Safety Programs’’ under 23 U.S.C. 405 for ‘‘Im5 paired Driving Countermeasures’’ (as described in sub6 section (d) of that section) shall be available for technical 7 assistance to the States: Provided further, That with re8 spect to the ‘‘Transfers’’ provision under 23 U.S.C. 9 405(a)(1)(G), any amounts transferred to increase the 10 amounts made available under section 402 shall include 11 the obligation authority for such amounts: Provided fur12 ther, That the Administrator shall notify the House and 13 Senate Committees on Appropriations of any exercise of 14 the authority granted under the previous proviso or under 15 23 U.S.C. 405(a)(1)(G) within five days. 16 ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY 17 TRAFFIC SAFETY ADMINISTRATION 18 SEC. 140. An additional $130,000 shall be made 19 available to the National Highway Traffic Safety Adminis20 tration, out of the amount limited for section 402 of title 21 23, United States Code, to pay for travel and related ex22 penses for State management reviews and to pay for core 23 competency development training and related expenses for 24 highway safety staff. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1520 1 SEC. 141. The limitations on obligations for the pro- 2 grams of the National Highway Traffic Safety Adminis3 tration set in this Act shall not apply to obligations for 4 which obligation authority was made available in previous 5 public laws but only to the extent that the obligation au6 thority has not lapsed or been used. 7 SEC. 142. None of the funds made available by this 8 Act may be used to obligate or award funds for the Na9 tional Highway Traffic Safety Administration’s National 10 Roadside Survey. 11 SEC. 143. None of the funds made available by this 12 Act may be used to mandate global positioning system 13 (GPS) tracking in private passenger motor vehicles with14 out providing full and appropriate consideration of privacy 15 concerns under 5 U.S.C. chapter 5, subchapter II. 16 FEDERAL RAILROAD ADMINISTRATION 17 SAFETY AND OPERATIONS 18 For necessary expenses of the Federal Railroad Ad- 19 ministration, not otherwise provided for, $199,000,000, of 20 which $15,900,000 shall remain available until expended. 21 22 RAILROAD RESEARCH AND DEVELOPMENT For necessary expenses for railroad research and de- 23 velopment, $39,100,000, to remain available until ex24 pended. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1521 1 RAILROAD REHABILITATION AND IMPROVEMENT 2 FINANCING PROGRAM 3 The Secretary of Transportation is authorized to 4 issue direct loans and loan guarantees pursuant to sec5 tions 501 through 504 of the Railroad Revitalization and 6 Regulatory Reform Act of 1976 (Public Law 94–210), as 7 amended, such authority to exist as long as any such di8 rect loan or loan guarantee is outstanding. Provided, That 9 pursuant to section 502 of such Act, as amended, no new 10 direct loans or loan guarantee commitments shall be made 11 using Federal funds for the credit risk premium during 12 fiscal year 2016. 13 14 RAILROAD SAFETY GRANTS For necessary expenses related to railroad safety 15 grants, $50,000,000, to remain available until expended, 16 of which not to exceed $25,000,000 shall be available to 17 carry out 49 U.S.C. 20167, as in effect the day before 18 the enactment of the Passenger Rail Reform and Invest19 ment Act of 2015 (division A, title XI of the Fixing Amer20 ica’s Surface Transportation Act); and not to exceed 21 $25,000,000 shall be made available to carry out 49 22 U.S.C. 20158. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1522 1 OPERATING GRANTS TO THE NATIONAL RAILROAD 2 PASSENGER CORPORATION 3 To enable the Secretary of Transportation to make 4 quarterly grants to the National Railroad Passenger Cor5 poration, in amounts based on the Secretary’s assessment 6 of the Corporation’s seasonal cash flow requirements, for 7 the operation of intercity passenger rail, as authorized by 8 section 101 of the Passenger Rail Investment and Im9 provement Act of 2008 (division B of Public Law 110– 10 432), as in effect the day before the enactment of the Pas11 senger Rail Reform and Investment Act of 2015 (division 12 A, title XI of the Fixing America’s Surface Transportation 13 Act), $288,500,000, to remain available until expended: 14 Provided, That the amounts available under this para15 graph shall be available for the Secretary to approve fund16 ing to cover operating losses for the Corporation only after 17 receiving and reviewing a grant request for each specific 18 train route: Provided further, That each such grant re19 quest shall be accompanied by a detailed financial anal20 ysis, revenue projection, and capital expenditure projection 21 justifying the Federal support to the Secretary’s satisfac22 tion: Provided further, That not later than 60 days after 23 enactment of this Act, the Corporation shall transmit, in 24 electronic format, to the Secretary and the House and 25 Senate Committees on Appropriations the annual budget, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1523 1 business plan, the 5-Year Financial Plan for fiscal year 2 2016 required under section 204 of the Passenger Rail 3 Investment and Improvement Act of 2008 and the com4 prehensive fleet plan for all Amtrak rolling stock: Provided 5 further, That the budget, business plan and the 5-Year 6 Financial Plan shall include annual information on the 7 maintenance, refurbishment, replacement, and expansion 8 for all Amtrak rolling stock consistent with the com9 prehensive fleet plan: Provided further, That the Corpora10 tion shall provide monthly performance reports in an elec11 tronic format which shall describe the work completed to 12 date, any changes to the business plan, and the reasons 13 for such changes as well as progress against the milestones 14 and target dates of the 2012 performance improvement 15 plan: Provided further, That the Corporation’s budget, 16 business plan, 5-Year Financial Plan, semiannual reports, 17 monthly reports, comprehensive fleet plan and all supple18 mental reports or plans comply with requirements in Pub19 lic Law 112–55: Provided further, That none of the funds 20 provided in this Act may be used to support any route 21 on which Amtrak offers a discounted fare of more than 22 50 percent off the normal peak fare: Provided further, 23 That the preceding proviso does not apply to routes where 24 the operating loss as a result of the discount is covered December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1524 1 by a State and the State participates in the setting of 2 fares. 3 CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL 4 RAILROAD PASSENGER CORPORATION 5 To enable the Secretary of Transportation to make 6 grants to the National Railroad Passenger Corporation for 7 capital investments as authorized by sections 101(c), 102, 8 and 219(b) of the Passenger Rail Investment and Im9 provement Act of 2008 (division B of Public Law 110– 10 432), as in effect the day before the enactment of the Pas11 senger Rail Reform and Investment Act of 2015 (division 12 A, title XI of the Fixing America’s Surface Transportation 13 Act), $1,101,500,000, to remain available until expended, 14 of which not to exceed $160,200,000 shall be for debt 15 service obligations as authorized by section 102 of such 16 Act: Provided, That of the amounts made available under 17 this heading, not less than $50,000,000 shall be made 18 available to bring Amtrak-served facilities and stations 19 into compliance with the Americans with Disabilities Act: 20 Provided further, That after an initial distribution of up 21 to $200,000,000, which shall be used by the Corporation 22 as a working capital account, all remaining funds shall be 23 provided to the Corporation only on a reimbursable basis: 24 Provided further, That of the amounts made available 25 under this heading, up to $50,000,000 may be used by December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1525 1 the Secretary to subsidize operating losses of the Corpora2 tion should the funds provided under the heading ‘‘Oper3 ating Grants to the National Railroad Passenger Corpora4 tion’’ be insufficient to meet operational costs for fiscal 5 year 2016: Provided further, That the Secretary may re6 tain up to one-half of 1 percent of the funds provided 7 under this heading to fund the costs of project manage8 ment and oversight of activities authorized by subsections 9 101(a) and 101(c) of division B of Public Law 110–432, 10 of which up to $500,000 may be available for technical 11 assistance for States, the District of Columbia, and other 12 public entities responsible for the implementation of sec13 tion 209 of division B of Public Law 110–432: Provided 14 further, That the Secretary shall approve funding for cap15 ital expenditures, including advance purchase orders of 16 materials, for the Corporation only after receiving and re17 viewing a grant request for each specific capital project 18 justifying the Federal support to the Secretary’s satisfac19 tion: Provided further, That except as otherwise provided 20 herein, none of the funds under this heading may be used 21 to subsidize operating losses of the Corporation: Provided 22 further, That none of the funds under this heading may 23 be used for capital projects not approved by the Secretary 24 of Transportation or on the Corporation’s fiscal year 2016 25 business plan: Provided further, That in addition to the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1526 1 project management oversight funds authorized under sec2 tion 101(d) of division B of Public Law 110–432, the Sec3 retary may retain up to an additional $3,000,000 of the 4 funds provided under this heading to fund expenses associ5 ated with implementing section 212 of division B of Public 6 Law 110–432, including the amendments made by section 7 212 to section 24905 of title 49, United States Code: Pro8 vided further, That Amtrak shall conduct a business case 9 analysis on capital investments that exceed $10,000,000 10 in life-cycle costs: Provided further, That each contract for 11 a capital acquisition that exceeds $10,000,000 in life-cycle 12 costs shall state that funding is subject to the availability 13 of appropriated funds provided by an appropriations Act. 14 ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD 15 ADMINISTRATION 16 (INCLUDING RESCISSIONS) 17 SEC. 150. The Secretary of Transportation may re- 18 ceive and expend cash, or receive and utilize spare parts 19 and similar items, from non-United States Government 20 sources to repair damages to or replace United States 21 Government owned automated track inspection cars and 22 equipment as a result of third-party liability for such dam23 ages, and any amounts collected under this section shall 24 be credited directly to the Safety and Operations account 25 of the Federal Railroad Administration, and shall remain December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1527 1 available until expended for the repair, operation and 2 maintenance of automated track inspection cars and 3 equipment in connection with the automated track inspec4 tion program. 5 SEC. 151. None of the funds provided to the National 6 Railroad Passenger Corporation may be used to fund any 7 overtime costs in excess of $35,000 for any individual em8 ployee: Provided, That the President of Amtrak may waive 9 the cap set in the previous proviso for specific employees 10 when the President of Amtrak determines such a cap 11 poses a risk to the safety and operational efficiency of the 12 system: Provided further, That the President of Amtrak 13 shall report to the House and Senate Committees on Ap14 propriations each quarter of the calendar year on waivers 15 granted to employees and amounts paid above the cap for 16 each month within such quarter and delineate the reasons 17 each waiver was granted: Provided further, That the Presi18 dent of Amtrak shall report to the House and Senate 19 Committees on Appropriations by March 1, 2016, a sum20 mary of all overtime payments incurred by the Corpora21 tion for 2015 and the three prior calendar years: Provided 22 further, That such summary shall include the total number 23 of employees that received waivers and the total overtime 24 payments the Corporation paid to those employees receiv- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1528 1 ing waivers for each month for 2015 and for the three 2 prior calendar years. 3 SEC. 152. Of the unobligated balances of funds avail- 4 able to the Federal Railroad Administration from the 5 ‘‘Railroad Research and Development’’ account, 6 $1,960,000 is permanently rescinded: Provided, That such 7 amounts are made available to enable the Secretary of 8 Transportation to assist Class II and Class III railroads 9 with eligible projects pursuant to sections 501 through 10 504 of the Railroad Revitalization and Regulatory Reform 11 Act of 1976 (Public Law 94–210), as amended: Provided 12 further, That such funds shall be available for applicant 13 expenses in preparing to apply and applying for direct 14 loans and loan guarantees: Provided further, That these 15 funds shall remain available until expended. 16 SEC. 153. Of the unobligated balances of funds avail- 17 able to the Federal Railroad Administration, the following 18 funds are hereby rescinded: $5,000,000 of the unobligated 19 balances of funds made available to fund expenses associ20 ated with implementing section 212 of division B of Public 21 Law 110–432 in the Capital and Debt Service Grants to 22 the National Railroad Passenger Corporation account of 23 the Consolidated and Further Continuing Appropriations 24 Act, 2015; and $14,163,385 of the unobligated balances 25 of funds made available from the following accounts in the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1529 1 specified amounts—‘‘Grants to the National Railroad Pas2 senger Corporation’’, $267,019; ‘‘Next Generation High3 Speed Rail’’, $4,944,504; ‘‘Rail Line Relocation and Im4 provement Program’’, $2,241,385; and ‘‘Safety and Oper5 ations’’, $6,710,477: Provided, That such amounts are 6 made available to enable the Secretary of Transportation 7 to make grants to the National Railroad Passenger Cor8 poration as authorized by section 101(c) of the Passenger 9 Rail Investment and Improvement Act of 2008 (division 10 B of Public Law 110–432) for state-of-good-repair back11 log and infrastructure improvements on Northeast Cor12 ridor shared-use infrastructure identified in the Northeast 13 Corridor Infrastructure and Operations Advisory Commis14 sion’s approved 5-year capital plan: Provided further, That 15 these funds shall remain available until expended and shall 16 be available for grants in an amount not to exceed 50 per17 cent of the total project cost, with the required matching 18 funds to be provided consistent with the Commission’s cost 19 allocation policy. 20 FEDERAL TRANSIT ADMINISTRATION 21 ADMINISTRATIVE EXPENSES 22 For necessary administrative expenses of the Federal 23 Transit Administration’s programs authorized by chapter 24 53 of title 49, United States Code, $108,000,000, of which 25 not more than $6,500,000 shall be available to carry out December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1530 1 the provisions of 49 U.S.C. 5329 and not less than 2 $1,000,000 shall be available to carry out the provisions 3 of 49 U.S.C. 5326: Provided, That none of the funds pro4 vided or limited in this Act may be used to create a perma5 nent office of transit security under this heading: Provided 6 further, That upon submission to the Congress of the fiscal 7 year 2017 President’s budget, the Secretary of Transpor8 tation shall transmit to Congress the annual report on 9 New Starts, including proposed allocations for fiscal year 10 2017. 11 TRANSIT FORMULA GRANTS 12 (LIQUIDATION OF CONTRACT AUTHORIZATION) 13 (LIMITATION ON OBLIGATIONS) 14 (HIGHWAY TRUST FUND) 15 For payment of obligations incurred in the Federal 16 Public Transportation Assistance Program in this ac17 count, and for payment of obligations incurred in carrying 18 out the provisions of 49 U.S.C. 5305, 5307, 5310, 5311, 19 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and 20 5340, as amended by the Fixing America’s Surface Trans21 portation Act, and section 20005(b) of Public Law 112– 22 141, and section 3006(b) of the Fixing America’s Surface 23 Transportation Act, $10,400,000,000, to be derived from 24 the Mass Transit Account of the Highway Trust Fund 25 and to remain available until expended: Provided, That December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1531 1 funds available for the implementation or execution of pro2 grams authorized under 49 U.S.C. 5305, 5307, 5310, 3 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, 4 and 5340, as amended by the Fixing America’s Surface 5 Transportation Act, and section 20005(b) of Public Law 6 112–141, and section 3006(b) of the Fixing America’s 7 Surface Transportation Act, shall not exceed total obliga8 tions of $9,347,604,639 in fiscal year 2016. 9 CAPITAL INVESTMENT GRANTS 10 For necessary expenses to carry out 49 U.S.C. 5309, 11 $2,177,000,000, to remain available until expended. 12 GRANTS TO THE WASHINGTON METROPOLITAN AREA 13 TRANSIT AUTHORITY 14 For grants to the Washington Metropolitan Area 15 Transit Authority as authorized under section 601 of divi16 sion B of Public Law 110–432, $150,000,000, to remain 17 available until expended: Provided, That the Secretary of 18 Transportation shall approve grants for capital and pre19 ventive maintenance expenditures for the Washington 20 Metropolitan Area Transit Authority only after receiving 21 and reviewing a request for each specific project: Provided 22 further, That prior to approving such grants, the Secretary 23 shall certify that the Washington Metropolitan Area Tran24 sit Authority is making progress to improve its safety 25 management system in response to the Federal Transit December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1532 1 Administration’s 2015 safety management inspection: 2 Provided further, That prior to approving such grants, the 3 Secretary shall certify that the Washington Metropolitan 4 Area Transit Authority is making progress toward full im5 plementation of the corrective actions identified in the 6 2014 Financial Management Oversight Review Report: 7 Provided further, That the Secretary shall determine that 8 the Washington Metropolitan Area Transit Authority has 9 placed the highest priority on those investments that will 10 improve the safety of the system before approving such 11 grants: Provided further, That the Secretary, in order to 12 ensure safety throughout the rail system, may waive the 13 requirements of section 601(e)(1) of title VI of Public Law 14 110–432 (112 Stat. 4968). 15 ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT 16 ADMINISTRATION 17 (INCLUDING RESCISSION) 18 SEC. 160. The limitations on obligations for the pro- 19 grams of the Federal Transit Administration shall not 20 apply to any authority under 49 U.S.C. 5338, previously 21 made available for obligation, or to any other authority 22 previously made available for obligation. 23 SEC. 161. Notwithstanding any other provision of 24 law, funds appropriated or limited by this Act under the 25 heading ‘‘Fixed Guideway Capital Investment’’ of the Fed- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1533 1 eral Transit Administration for projects specified in this 2 Act or identified in reports accompanying this Act not ob3 ligated by September 30, 2020, and other recoveries, shall 4 be directed to projects eligible to use the funds for the 5 purposes for which they were originally provided. 6 SEC. 162. Notwithstanding any other provision of 7 law, any funds appropriated before October 1, 2015, under 8 any section of chapter 53 of title 49, United States Code, 9 that remain available for expenditure, may be transferred 10 to and administered under the most recent appropriation 11 heading for any such section. 12 SEC. 163. Notwithstanding any other provision of 13 law, none of the funds made available in this Act shall 14 be used to enter into a full funding grant agreement for 15 a project with a New Starts share greater than 60 percent. 16 SEC. 164. (a) LOSS OF ELIGIBILITY.—Except as pro- 17 vided in subsection (b), none of the funds in this or any 18 other Act may be available to advance in any way a new 19 light or heavy rail project towards a full funding grant 20 agreement as defined by 49 U.S.C. 5309 for the Metro21 politan Transit Authority of Harris County, Texas if the 22 proposed capital project is constructed on or planned to 23 be constructed on Richmond Avenue west of South Shep24 herd Drive or on Post Oak Boulevard north of Richmond 25 Avenue in Houston, Texas. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1534 1 (b) EXCEPTION FOR A NEW ELECTION.—The Metro- 2 politan Transit Authority of Harris County, Texas, may 3 attempt to construct or construct a new fixed guideway 4 capital project, including light rail, in the locations re5 ferred to in subsection (a) if— 6 (1) voters in the jurisdiction that includes such 7 locations approve a ballot proposition that specifies 8 routes on Richmond Avenue west of South Shepherd 9 Drive or on Post Oak Boulevard north of Richmond 10 Avenue in Houston, Texas; and 11 (2) the proposed construction of such routes is 12 part of a comprehensive, multi-modal, service-area 13 wide transportation plan that includes multiple addi- 14 tional segments of fixed guideway capital projects, 15 including light rail for the jurisdiction set forth in 16 the ballot proposition. The ballot language shall in- 17 clude reasonable cost estimates, sources of revenue 18 to be used and the total amount of bonded indebted- 19 ness to be incurred as well as a description of each 20 route and the beginning and end point of each pro- 21 posed transit project. 22 SEC. 165. Of the unobligated amounts made available 23 for fiscal year 2012 or prior fiscal years to carry out the 24 discretionary bus and bus facilities and new fixed guide25 way capital projects programs under 49 U.S.C. 5309 and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1535 1 the discretionary job access and reverse commute program 2 under section 3037 of the Transportation Equity Act for 3 the 21st Century, $25,397,797 is hereby rescinded. 4 SEC. 166. Until September 15, 2016, the Secretary 5 may not enforce regulations related to charter bus service 6 under part 604 of title 49, Code of Federal Regulations, 7 for any transit agency that, during fiscal year 2008 was 8 both initially granted a 60-day period to come into compli9 ance with part 604, and then was subsequently granted 10 an exception from said part: Provided, That notwith11 standing 49 U.S.C. 5323(t), such transit agency may re12 ceive its allocation of urbanized area formula funds appor13 tioned in accordance with 49 U.S.C. 5336. 14 SAINT LAWRENCE SEAWAY DEVELOPMENT 15 CORPORATION 16 The Saint Lawrence Seaway Development Corpora- 17 tion is hereby authorized to make such expenditures, with18 in the limits of funds and borrowing authority available 19 to the Corporation, and in accord with law, and to make 20 such contracts and commitments without regard to fiscal 21 year limitations as provided by section 104 of the Govern22 ment Corporation Control Act, as amended, as may be 23 necessary in carrying out the programs set forth in the 24 Corporation’s budget for the current fiscal year. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1536 1 OPERATIONS AND MAINTENANCE 2 (HARBOR MAINTENANCE TRUST FUND) 3 For necessary expenses to conduct the operations, 4 maintenance, and capital asset renewal activities of those 5 portions of the St. Lawrence Seaway owned, operated, and 6 maintained by the Saint Lawrence Seaway Development 7 Corporation, $28,400,000, to be derived from the Harbor 8 Maintenance Trust Fund, pursuant to Public Law 99– 9 662. 10 MARITIME ADMINISTRATION 11 MARITIME SECURITY PROGRAM 12 For necessary expenses to maintain and preserve a 13 U.S.-flag merchant fleet to serve the national security 14 needs of the United States, $210,000,000, to remain avail15 able until expended. 16 17 OPERATIONS AND TRAINING For necessary expenses of operations and training ac- 18 tivities authorized by law, $171,155,000, of which 19 $22,000,000 shall remain available until expended for 20 maintenance and repair of training ships at State Mari21 time Academies, and of which $5,000,000 shall remain 22 available until expended for National Security Multi-Mis23 sion Vessel design for State Maritime Academies and Na24 tional Security, and of which $2,400,000 shall remain 25 available through September 30, 2017, for the Student In- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1537 1 centive Program at State Maritime Academies, and of 2 which $1,200,000 shall remain available until expended 3 for training ship fuel assistance payments, and of which 4 $18,000,000 shall remain available until expended for fa5 cilities maintenance and repair, equipment, and capital 6 improvements at the United States Merchant Marine 7 Academy, and of which $3,000,000 shall remain available 8 through September 30, 2017, for Maritime Environment 9 and Technology Assistance grants, contracts, and coopera10 tive agreement, and of which $5,000,000 shall remain 11 available until expended for the Short Sea Transportation 12 Program (America’s Marine Highways) to make grants 13 for the purposes provided in title 46 sections 55601(b)(1) 14 and 55601(b)(3): Provided, That amounts apportioned for 15 the United States Merchant Marine Academy shall be 16 available only upon allotments made personally by the Sec17 retary of Transportation or the Assistant Secretary for 18 Budget and Programs: Provided further, That the Super19 intendent, Deputy Superintendent and the Director of the 20 Office of Resource Management of the United States Mer21 chant Marine Academy may not be allotment holders for 22 the United States Merchant Marine Academy, and the Ad23 ministrator of the Maritime Administration shall hold all 24 allotments made by the Secretary of Transportation or the 25 Assistant Secretary for Budget and Programs under the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1538 1 previous proviso: Provided further, That 50 percent of the 2 funding made available for the United States Merchant 3 Marine Academy under this heading shall be available only 4 after the Secretary, in consultation with the Super5 intendent and the Maritime Administrator, completes a 6 plan detailing by program or activity how such funding 7 will be expended at the Academy, and this plan is sub8 mitted to the House and Senate Committees on Appro9 priations: Provided further, That not later than January 10 12, 2016, the Administrator of the Maritime Administra11 tion shall transmit to the House and Senate Committees 12 on Appropriations the annual report on sexual assault and 13 sexual harassment at the United States Merchant Marine 14 Academy as required pursuant to section 3507 of Public 15 Law 110–417. 16 17 ASSISTANCE TO SMALL SHIPYARDS To make grants to qualified shipyards as authorized 18 under section 54101 of title 46, United States Code, as 19 amended by Public Law 113–281, $5,000,000 to remain 20 available until expended: Provided, That the Secretary 21 shall issue the Notice of Funding Availability no later than 22 15 days after enactment of this Act: Provided further, 23 That from applications submitted under the previous pro24 viso, the Secretary of Transportation shall make grants 25 no later than 120 days after enactment of this Act in such December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1539 1 amounts as the Secretary determines: Provided further, 2 That not to exceed 2 percent of the funds appropriated 3 under this heading shall be available for necessary costs 4 of grant administration. 5 SHIP DISPOSAL 6 For necessary expenses related to the disposal of ob- 7 solete vessels in the National Defense Reserve Fleet of the 8 Maritime Administration, $5,000,000, to remain available 9 until expended. 10 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM 11 ACCOUNT 12 (INCLUDING TRANSFER OF FUNDS) 13 For the cost of guaranteed loans, as authorized, 14 $8,135,000, of which $5,000,000 shall remain available 15 until expended: Provided, That such costs, including the 16 cost of modifying such loans, shall be as defined in section 17 502 of the Congressional Budget Act of 1974, as amend18 ed: Provided further, That not to exceed $3,135,000 shall 19 be available for administrative expenses to carry out the 20 guaranteed loan program, which shall be transferred to 21 and merged with the appropriations for ‘‘Operations and 22 Training’’, Maritime Administration. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1540 1 ADMINISTRATIVE PROVISIONS—MARITIME 2 ADMINISTRATION 3 SEC. 170. Notwithstanding any other provision of 4 this Act, in addition to any existing authority, the Mari5 time Administration is authorized to furnish utilities and 6 services and make necessary repairs in connection with 7 any lease, contract, or occupancy involving Government 8 property under control of the Maritime Administration: 9 Provided, That payments received therefor shall be cred10 ited to the appropriation charged with the cost thereof and 11 shall remain available until expended: Provided further, 12 That rental payments under any such lease, contract, or 13 occupancy for items other than such utilities, services, or 14 repairs shall be covered into the Treasury as miscellaneous 15 receipts. 16 SEC. 171. None of the funds available or appro- 17 priated in this Act shall be used by the United States De18 partment of Transportation or the United States Maritime 19 Administration to negotiate or otherwise execute, enter 20 into, facilitate or perform fee-for-service contracts for ves21 sel disposal, scrapping or recycling, unless there is no 22 qualified domestic ship recycler that will pay any sum of 23 money to purchase and scrap or recycle a vessel owned, 24 operated or managed by the Maritime Administration or 25 that is part of the National Defense Reserve Fleet: Pro- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1541 1 vided, That such sales offers must be consistent with the 2 solicitation and provide that the work will be performed 3 in a timely manner at a facility qualified within the mean4 ing of section 3502 of Public Law 106–398: Provided fur5 ther, That nothing contained herein shall affect the Mari6 time Administration’s authority to award contracts at 7 least cost to the Federal Government and consistent with 8 the requirements of 54 U.S.C. 308704, section 3502, or 9 otherwise authorized under the Federal Acquisition Regu10 lation. 11 PIPELINE AND HAZARDOUS MATERIALS SAFETY 12 ADMINISTRATION 13 OPERATIONAL EXPENSES 14 15 and For necessary operational expenses of the Pipeline Hazardous Materials Safety Administration, 16 $21,000,000: Provided, That no later than 90 days after 17 the date of enactment of this Act, the Secretary of Trans18 portation shall initiate a rulemaking to expand the appli19 cability of comprehensive oil spill response plans, and shall 20 issue a final rule no later than one year after the date 21 of enactment of this Act. 22 23 HAZARDOUS MATERIALS SAFETY For expenses necessary to discharge the hazardous 24 materials safety functions of the Pipeline and Hazardous 25 Materials Safety Administration, $55,619,000, of which December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1542 1 $7,570,000 shall remain available until September 30, 2 2018: Provided, That up to $800,000 in fees collected 3 under 49 U.S.C. 5108(g) shall be deposited in the general 4 fund of the Treasury as offsetting receipts: Provided fur5 ther, That there may be credited to this appropriation, to 6 be available until expended, funds received from States, 7 counties, municipalities, other public authorities, and pri8 vate sources for expenses incurred for training, for reports 9 publication and dissemination, and for travel expenses in10 curred in performance of hazardous materials exemptions 11 and approvals functions. 12 PIPELINE SAFETY 13 (PIPELINE SAFETY FUND) 14 (OIL SPILL LIABILITY TRUST FUND) 15 For expenses necessary to conduct the functions of 16 the pipeline safety program, for grants-in-aid to carry out 17 a pipeline safety program, as authorized by 49 U.S.C. 18 60107, and to discharge the pipeline program responsibil19 ities of the Oil Pollution Act of 1990, $146,623,000, of 20 which $22,123,000 shall be derived from the Oil Spill Li21 ability Trust Fund and shall remain available until Sep22 tember 30, 2018; and of which $124,500,000 shall be de23 rived from the Pipeline Safety Fund, of which 24 $59,835,000 shall remain available until September 30, 25 2018: Provided, That not less than $1,058,000 of the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1543 1 funds provided under this heading shall be for the One2 Call state grant program: Provided further, That not less 3 than $1,000,000 of the funds provided under this heading 4 shall be for the finalization and implementation of rules 5 required under section 60102(n) of title 49, United States 6 Code, and section 8(b)(3) of the Pipeline Safety, Regu7 latory Certainty, and Job Creation Act of 2011 (49 U.S.C. 8 60108 note; 125 Stat. 1911). 9 EMERGENCY PREPAREDNESS GRANTS 10 (EMERGENCY PREPAREDNESS FUND) 11 For necessary expenses to carryout 49 U.S.C. 12 5128(b), $188,000, to be derived from the Emergency 13 Preparedness Fund, to remain available until September 14 30, 2017: Provided, That notwithstanding the fiscal year 15 limitation specified in 49 U.S.C. 5116, not more than 16 $28,318,000 shall be made available for obligation in fis17 cal year 2016 from amounts made available by 49 U.S.C. 18 5116(h), and 5128(b) and (c): Provided further, That not19 withstanding 49 U.S.C. 5116(h)(4), not more than 4 per20 cent of the amounts made available from this account shall 21 be available to pay administrative costs: Provided further, 22 That none of the funds made available by 49 U.S.C. 23 5116(h), 5128(b), or 5128(c) shall be made available for 24 obligation by individuals other than the Secretary of 25 Transportation, or his or her designee: Provided further, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1544 1 That notwithstanding 49 U.S.C. 5128(b) and (c) and the 2 current year obligation limitation, prior year recoveries 3 recognized in the current year shall be available to develop 4 a hazardous materials response training curriculum for 5 emergency responders, including response activities for the 6 transportation of crude oil, ethanol and other flammable 7 liquids by rail, consistent with National Fire Protection 8 Association standards, and to make such training avail9 able through an electronic format: Provided further, That 10 the prior year recoveries made available under this head11 ing shall also be available to carry out 49 U.S.C. 12 5116(a)(1)(C) and 5116(i). 13 14 15 OFFICE OF INSPECTOR GENERAL SALARIES AND EXPENSES For necessary expenses of the Office of the Inspector 16 General to carry out the provisions of the Inspector Gen17 eral Act of 1978, as amended, $87,472,000: Provided, 18 That the Inspector General shall have all necessary au19 thority, in carrying out the duties specified in the Inspec20 tor General Act, as amended (5 U.S.C. App. 3), to inves21 tigate allegations of fraud, including false statements to 22 the government (18 U.S.C. 1001), by any person or entity 23 that is subject to regulation by the Department of Trans24 portation: Provided further, That the funds made available 25 under this heading may be used to investigate, pursuant December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1545 1 to section 41712 of title 49, United States Code: (1) un2 fair or deceptive practices and unfair methods of competi3 tion by domestic and foreign air carriers and ticket agents; 4 and (2) the compliance of domestic and foreign air carriers 5 with respect to item (1) of this proviso. 6 SURFACE TRANSPORTATION BOARD 7 SALARIES AND EXPENSES 8 For necessary expenses of the Surface Transpor- 9 tation Board, including services authorized by 5 U.S.C. 10 3109, $32,375,000: Provided, That notwithstanding any 11 other provision of law, not to exceed $1,250,000 from fees 12 established by the Chairman of the Surface Transpor13 tation Board shall be credited to this appropriation as off14 setting collections and used for necessary and authorized 15 expenses under this heading: Provided further, That the 16 sum herein appropriated from the general fund shall be 17 reduced on a dollar-for-dollar basis as such offsetting col18 lections are received during fiscal year 2016, to result in 19 a final appropriation from the general fund estimated at 20 no more than $31,125,000. 21 22 23 GENERAL PROVISIONS—DEPARTMENT OF TRANSPORTATION SEC. 180. During the current fiscal year, applicable 24 appropriations to the Department of Transportation shall 25 be available for maintenance and operation of aircraft; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1546 1 hire of passenger motor vehicles and aircraft; purchase of 2 liability insurance for motor vehicles operating in foreign 3 countries on official department business; and uniforms or 4 allowances therefor, as authorized by law (5 U.S.C. 5901– 5 5902). 6 SEC. 181. Appropriations contained in this Act for 7 the Department of Transportation shall be available for 8 services as authorized by 5 U.S.C. 3109, but at rates for 9 individuals not to exceed the per diem rate equivalent to 10 the rate for an Executive Level IV. 11 SEC. 182. None of the funds in this Act shall be avail- 12 able for salaries and expenses of more than 110 political 13 and Presidential appointees in the Department of Trans14 portation: Provided, That none of the personnel covered 15 by this provision may be assigned on temporary detail out16 side the Department of Transportation. 17 SEC. 183. (a) No recipient of funds made available 18 in this Act shall disseminate personal information (as de19 fined in 18 U.S.C. 2725(3)) obtained by a State depart20 ment of motor vehicles in connection with a motor vehicle 21 record as defined in 18 U.S.C. 2725(1), except as provided 22 in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 23 2721. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1547 1 (b) Notwithstanding subsection (a), the Secretary 2 shall not withhold funds provided in this Act for any 3 grantee if a State is in noncompliance with this provision. 4 SEC. 184. Funds received by the Federal Highway 5 Administration and Federal Railroad Administration from 6 States, counties, municipalities, other public authorities, 7 and private sources for expenses incurred for training may 8 be credited respectively to the Federal Highway Adminis9 tration’s ‘‘Federal-Aid Highways’’ account and to the Fed10 eral Railroad Administration’s ‘‘Safety and Operations’’ 11 account, except for State rail safety inspectors partici12 pating in training pursuant to 49 U.S.C. 20105. 13 SEC. 185. None of the funds in this Act to the De- 14 partment of Transportation may be used to make a loan, 15 loan guarantee, line of credit, or grant unless the Sec16 retary of Transportation notifies the House and Senate 17 Committees on Appropriations not less than 3 full busi18 ness days before any project competitively selected to re19 ceive a discretionary grant award, any discretionary grant 20 award, letter of intent, loan commitment, loan guarantee 21 commitment, line of credit commitment, or full funding 22 grant agreement totaling $750,000 or more is announced 23 by the department or its modal administrations from— December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1548 1 (1) any discretionary grant or federal credit 2 program of the Federal Highway Administration in- 3 cluding the emergency relief program; 4 5 6 7 (2) the airport improvement program of the Federal Aviation Administration; (3) any program of the Federal Railroad Administration; 8 (4) any program of the Federal Transit Admin- 9 istration other than the formula grants and fixed 10 11 12 13 14 guideway modernization programs; (5) any program of the Maritime Administration; or (6) any funding provided under the headings ‘‘National Infrastructure Investments’’ in this Act: 15 Provided, That the Secretary gives concurrent notification 16 to the House and Senate Committees on Appropriations 17 for any ‘‘quick release’’ of funds from the emergency relief 18 program: Provided further, That no notification shall in19 volve funds that are not available for obligation. 20 SEC. 186. Rebates, refunds, incentive payments, 21 minor fees and other funds received by the Department 22 of Transportation from travel management centers, 23 charge card programs, the subleasing of building space, 24 and miscellaneous sources are to be credited to appropria25 tions of the Department of Transportation and allocated December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1549 1 to elements of the Department of Transportation using 2 fair and equitable criteria and such funds shall be avail3 able until expended. 4 SEC. 187. Amounts made available in this or any 5 other Act that the Secretary determines represent im6 proper payments by the Department of Transportation to 7 a third-party contractor under a financial assistance 8 award, which are recovered pursuant to law, shall be avail9 able— 10 (1) to reimburse the actual expenses incurred 11 by the Department of Transportation in recovering 12 improper payments; and 13 (2) to pay contractors for services provided in 14 recovering improper payments or contractor support 15 in the implementation of the Improper Payments In- 16 formation Act of 2002: Provided, That amounts in 17 excess of that required for paragraphs (1) and (2)— 18 (A) shall be credited to and merged with 19 the appropriation from which the improper pay- 20 ments were made, and shall be available for the 21 purposes and period for which such appropria- 22 tions are available: Provided further, That 23 where specific project or accounting information 24 associated with the improper payment or pay- 25 ments is not readily available, the Secretary December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1550 1 may credit an appropriate account, which shall 2 be available for the purposes and period associ- 3 ated with the account so credited; or 4 (B) if no such appropriation remains avail- 5 able, shall be deposited in the Treasury as mis- 6 cellaneous receipts: Provided further, That prior 7 to the transfer of any such recovery to an ap- 8 propriations account, the Secretary shall notify 9 the House and Senate Committees on Appro- 10 priations of the amount and reasons for such 11 transfer: Provided further, That for purposes of 12 this section, the term ‘‘improper payments’’ has 13 the same meaning as that provided in section 14 2(d)(2) of Public Law 107–300. 15 SEC. 188. Notwithstanding any other provision of 16 law, if any funds provided in or limited by this Act are 17 subject to a reprogramming action that requires notice to 18 be provided to the House and Senate Committees on Ap19 propriations, transmission of said reprogramming notice 20 shall be provided solely to the House and Senate Commit21 tees on Appropriations, and said reprogramming action 22 shall be approved or denied solely by the House and Sen23 ate Committees on Appropriations: Provided, That the 24 Secretary of Transportation may provide notice to other 25 congressional committees of the action of the House and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1551 1 Senate Committees on Appropriations on such reprogram2 ming but not sooner than 30 days following the date on 3 which the reprogramming action has been approved or de4 nied by the House and Senate Committees on Appropria5 tions. 6 SEC. 189. None of the funds appropriated or other- 7 wise made available under this Act may be used by the 8 Surface Transportation Board of the Department of 9 Transportation to charge or collect any filing fee for rate 10 or practice complaints filed with the Board in an amount 11 in excess of the amount authorized for district court civil 12 suit filing fees under section 1914 of title 28, United 13 States Code. 14 SEC. 190. Funds appropriated in this Act to the 15 modal administrations may be obligated for the Office of 16 the Secretary for the costs related to assessments or reim17 bursable agreements only when such amounts are for the 18 costs of goods and services that are purchased to provide 19 a direct benefit to the applicable modal administration or 20 administrations. 21 SEC. 191. The Secretary of Transportation is author- 22 ized to carry out a program that establishes uniform 23 standards for developing and supporting agency transit 24 pass and transit benefits authorized under section 7905 December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1552 1 of title 5, United States Code, including distribution of 2 transit benefits by various paper and electronic media. 3 SEC. 192. The Department of Transportation may 4 use funds provided by this Act, or any other Act, to assist 5 a contract under title 49 U.S.C. or title 23 U.S.C. utilizing 6 geographic, economic, or any other hiring preference not 7 otherwise authorized by law, except for such preferences 8 authorized in this Act, or to amend a rule, regulation, pol9 icy or other measure that forbids a recipient of a Federal 10 Highway Administration or Federal Transit Administra11 tion grant from imposing such hiring preference on a con12 tract or construction project with which the Department 13 of Transportation is assisting, only if the grant recipient 14 certifies the following: 15 (1) that except with respect to apprentices or 16 trainees, a pool of readily available but unemployed 17 individuals possessing the knowledge, skill, and abil- 18 ity to perform the work that the contract requires 19 resides in the jurisdiction; 20 (2) that the grant recipient will include appro- 21 priate provisions in its bid document ensuring that 22 the contractor does not displace any of its existing 23 employees in order to satisfy such hiring preference; 24 and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1553 1 (3) that any increase in the cost of labor, train- 2 ing, or delays resulting from the use of such hiring 3 preference does not delay or displace any transpor- 4 tation project in the applicable Statewide Transpor- 5 tation Improvement Program or Transportation Im- 6 provement Program. 7 This title may be cited as the ‘‘Department of Trans- 8 portation Appropriations Act, 2016’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1554 1 TITLE II 2 DEPARTMENT OF HOUSING AND URBAN 3 DEVELOPMENT 4 5 6 MANAGEMENT AND ADMINISTRATION EXECUTIVE OFFICES For necessary salaries and expenses for Executive Of- 7 fices, which shall be comprised of the offices of the Sec8 retary, Deputy Secretary, Adjudicatory Services, Congres9 sional and Intergovernmental Relations, Public Affairs, 10 Small and Disadvantaged Business Utilization, and the 11 Center for Faith-Based and Neighborhood Partnerships, 12 $13,800,000: Provided, That not to exceed $25,000 of the 13 amount made available under this heading shall be avail14 able to the Secretary for official reception and representa15 tion expenses as the Secretary may determine. 16 17 ADMINISTRATIVE SUPPORT OFFICES For necessary salaries and expenses for Administra- 18 tive Support Offices, $559,100,000, of which $79,000,000 19 shall be available for the Office of the Chief Financial Offi20 cer; $94,500,000 shall be available for the Office of the 21 General Counsel; $207,600,000 shall be available for the 22 Office of Administration; $56,300,000 shall be available 23 for the Office of the Chief Human Capital Officer; 24 $51,500,000 shall be available for the Office of Field Pol25 icy and Management; $17,200,000 shall be available for December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1555 1 the Office of the Chief Procurement Officer; $3,300,000 2 shall be available for the Office of Departmental Equal 3 Employment Opportunity; $4,500,000 shall be available 4 for the Office of Strategic Planning and Management; and 5 $45,200,000 shall be available for the Office of the Chief 6 Information Officer: Provided, That funds provided under 7 this heading may be used for necessary administrative and 8 non-administrative expenses of the Department of Hous9 ing and Urban Development, not otherwise provided for, 10 including purchase of uniforms, or allowances therefor, as 11 authorized by 5 U.S.C. 5901–5902; hire of passenger 12 motor vehicles; and services as authorized by 5 U.S.C. 13 3109: Provided further, That notwithstanding any other 14 provision of law, funds appropriated under this heading 15 may be used for advertising and promotional activities 16 that directly support program activities funded in this 17 title: Provided further, That the Secretary shall provide the 18 House and Senate Committees on Appropriations quar19 terly written notification regarding the status of pending 20 congressional reports: Provided further, That the Sec21 retary shall provide in electronic form all signed reports 22 required by Congress. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1556 1 PROGRAM OFFICE SALARIES 2 AND EXPENSES PUBLIC AND INDIAN HOUSING 3 For necessary salaries and expenses of the Office of 4 Public and Indian Housing, $205,500,000. 5 COMMUNITY PLANNING AND DEVELOPMENT 6 For necessary salaries and expenses of the Office of 7 Community Planning and Development, $104,800,000. 8 HOUSING 9 For necessary salaries and expenses of the Office of 10 Housing, $375,000,000. 11 POLICY DEVELOPMENT AND RESEARCH 12 For necessary salaries and expenses of the Office of 13 Policy Development and Research, $23,100,000. 14 FAIR HOUSING AND EQUAL OPPORTUNITY 15 For necessary salaries and expenses of the Office of 16 Fair Housing and Equal Opportunity, $72,000,000. 17 OFFICE OF LEAD HAZARD CONTROL AND HEALTHY 18 HOMES 19 For necessary salaries and expenses of the Office of 20 Lead Hazard Control and Healthy Homes, $7,000,000. 21 WORKING CAPITAL FUND 22 (INCLUDING TRANSFER OF FUNDS) 23 There is hereby established in the United States 24 Treasury, pursuant to section 7(f) of the Department of 25 Housing and Urban Development Act (42 U.S.C. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1557 1 3535(f)), a working capital fund for the Department of 2 Housing and Urban Development (referred to in this para3 graph as the ‘‘Fund’’): Provided, That amounts trans4 ferred to the Fund under this heading shall be available 5 for Federal shared services used by offices and agencies 6 of the Department, and for such portion of any office or 7 agency’s printing, records management, space renovation, 8 furniture, or supply services as the Secretary determines 9 shall be derived from centralized sources made available 10 by the Department to all offices and agencies and funded 11 through the Fund: Provided further, That of the amounts 12 made available in this title for salaries and expenses under 13 the headings ‘‘Executive Offices’’, ‘‘Administrative Sup14 port Offices’’, ‘‘Program Office Salaries and Expenses’’, 15 and ‘‘Government National Mortgage Association’’, the 16 Secretary shall transfer to the Fund such amounts, to re17 main available until expended, as are necessary to fund 18 services, specified in the first proviso, for which the appro19 priation would otherwise have been available, and may 20 transfer not to exceed an additional $10,000,000, in ag21 gregate, from all such appropriations, to be merged with 22 the Fund and to remain available until expended for use 23 for any office or agency: Provided further, That amounts 24 in the Fund shall be the only amounts available to each 25 office or agency of the Department for the services, or por- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1558 1 tion of services, specified in the first proviso: Provided fur2 ther, That with respect to the Fund, the authorities and 3 conditions under this heading shall supplant the authori4 ties and conditions provided under section 7(f) of the De5 partment of Housing and Urban Development Act. 6 PUBLIC 7 8 AND INDIAN HOUSING TENANT-BASED RENTAL ASSISTANCE For activities and assistance for the provision of ten- 9 ant-based rental assistance authorized under the United 10 States Housing Act of 1937, as amended (42 U.S.C. 1437 11 et seq.) (‘‘the Act’’ herein), not otherwise provided for, 12 $15,628,525,000, to remain available until expended, shall 13 be available on October 1, 2015 (in addition to the 14 $4,000,000,000 previously appropriated under this head15 ing that shall be available on October 1, 2015), and 16 $4,000,000,000, to remain available until expended, shall 17 be available on October 1, 2016: Provided, That the 18 amounts made available under this heading are provided 19 as follows: 20 (1) $17,681,451,000 shall be available for re- 21 newals of expiring section 8 tenant-based annual 22 contributions contracts (including renewals of en- 23 hanced vouchers under any provision of law author- 24 izing such assistance under section 8(t) of the Act) 25 and including renewal of other special purpose incre- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1559 1 mental vouchers: Provided, That notwithstanding 2 any other provision of law, from amounts provided 3 under this paragraph and any carryover, the Sec- 4 retary for the calendar year 2016 funding cycle shall 5 provide renewal funding for each public housing 6 agency based on validated voucher management sys- 7 tem (VMS) leasing and cost data for the prior cal- 8 endar year and by applying an inflation factor as es- 9 tablished by the Secretary, by notice published in 10 the Federal Register, and by making any necessary 11 adjustments for the costs associated with the first- 12 time renewal of vouchers under this paragraph in- 13 cluding tenant protection, HOPE VI, and Choice 14 Neighborhoods vouchers: Provided further, That in 15 determining calendar year 2016 funding allocations 16 under this heading for public housing agencies, in- 17 cluding agencies participating in the Moving To 18 Work (MTW) demonstration, the Secretary may 19 take into account the anticipated impact of changes 20 in targeting and utility allowances, on public housing 21 agencies’ contract renewal needs: Provided further, 22 That none of the funds provided under this para- 23 graph may be used to fund a total number of unit 24 months under lease which exceeds a public housing 25 agency’s authorized level of units under contract, ex- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1560 1 cept for public housing agencies participating in the 2 MTW demonstration, which are instead governed by 3 the terms and conditions of their MTW agreements: 4 Provided further, That the Secretary shall, to the ex- 5 tent necessary to stay within the amount specified 6 under this paragraph (except as otherwise modified 7 under this paragraph), prorate each public housing 8 agency’s allocation otherwise established pursuant to 9 this paragraph: Provided further, That except as 10 provided in the following provisos, the entire amount 11 specified under this paragraph (except as otherwise 12 modified under this paragraph) shall be obligated to 13 the public housing agencies based on the allocation 14 and pro rata method described above, and the Sec- 15 retary shall notify public housing agencies of their 16 annual budget by the latter of 60 days after enact- 17 ment of this Act or March 1, 2016: Provided further, 18 That the Secretary may extend the notification pe- 19 riod with the prior written approval of the House 20 and Senate Committees on Appropriations: Provided 21 further, That public housing agencies participating 22 in the MTW demonstration shall be funded pursuant 23 to their MTW agreements and shall be subject to 24 the same pro rata adjustments under the previous 25 provisos: Provided further, That the Secretary may December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1561 1 offset public housing agencies’ calendar year 2016 2 allocations based on the excess amounts of public 3 housing agencies’ net restricted assets accounts, in- 4 cluding HUD held programmatic reserves (in ac- 5 cordance with VMS data in calendar year 2015 that 6 is verifiable and complete), as determined by the 7 Secretary: Provided further, That public housing 8 agencies participating in the MTW demonstration 9 shall also be subject to the offset, as determined by 10 the Secretary, excluding amounts subject to the sin- 11 gle fund budget authority provisions of their MTW 12 agreements, from the agencies’ calendar year 2016 13 MTW funding allocation: Provided further, That the 14 Secretary shall use any offset referred to in the pre- 15 vious two provisos throughout the calendar year to 16 prevent the termination of rental assistance for fam- 17 ilies as the result of insufficient funding, as deter- 18 mined by the Secretary, and to avoid or reduce the 19 proration of renewal funding allocations: Provided 20 further, That up to $75,000,000 shall be available 21 only: (1) for adjustments in the allocations for public 22 housing agencies, after application for an adjust- 23 ment by a public housing agency that experienced a 24 significant increase, as determined by the Secretary, 25 in renewal costs of vouchers resulting from unfore- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1562 1 seen circumstances or from portability under section 2 8(r) of the Act; (2) for vouchers that were not in use 3 during the previous 12-month period in order to be 4 available to meet a commitment pursuant to section 5 8(o)(13) of the Act; (3) for adjustments for costs as- 6 sociated with HUD-Veterans Affairs Supportive 7 Housing (HUD–VASH) vouchers; and (4) for public 8 housing agencies that despite taking reasonable cost 9 savings measures, as determined by the Secretary, 10 would otherwise be required to terminate rental as- 11 sistance for families as a result of insufficient fund- 12 ing: Provided further, That the Secretary shall allo- 13 cate amounts under the previous proviso based on 14 need, as determined by the Secretary; 15 (2) $130,000,000 shall be for section 8 rental 16 assistance for relocation and replacement of housing 17 units that are demolished or disposed of pursuant to 18 section 18 of the Act, conversion of section 23 19 projects to assistance under section 8, the family 20 unification program under section 8(x) of the Act, 21 relocation of witnesses in connection with efforts to 22 combat crime in public and assisted housing pursu- 23 ant to a request from a law enforcement or prosecu- 24 tion agency, enhanced vouchers under any provision 25 of law authorizing such assistance under section 8(t) December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1563 1 of the Act, HOPE VI and Choice Neighborhood 2 vouchers, mandatory and voluntary conversions, and 3 tenant protection assistance including replacement 4 and relocation assistance or for project-based assist- 5 ance to prevent the displacement of unassisted elder- 6 ly tenants currently residing in section 202 prop- 7 erties financed between 1959 and 1974 that are refi- 8 nanced pursuant to Public Law 106–569, as amend- 9 ed, or under the authority as provided under this 10 Act: Provided, That when a public housing develop- 11 ment is submitted for demolition or disposition 12 under section 18 of the Act, the Secretary may pro- 13 vide section 8 rental assistance when the units pose 14 an imminent health and safety risk to residents: 15 Provided further, That the Secretary may only pro- 16 vide replacement vouchers for units that were occu- 17 pied within the previous 24 months that cease to be 18 available as assisted housing, subject only to the 19 availability of funds: Provided further, That of the 20 amounts made available under this paragraph, 21 $5,000,000 may be available to provide tenant pro- 22 tection assistance, not otherwise provided under this 23 paragraph, to residents residing in low vacancy 24 areas and who may have to pay rents greater than 25 30 percent of household income, as the result of: (A) December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1564 1 the maturity of a HUD-insured, HUD-held or sec- 2 tion 202 loan that requires the permission of the 3 Secretary prior to loan prepayment; (B) the expira- 4 tion of a rental assistance contract for which the 5 tenants are not eligible for enhanced voucher or ten- 6 ant protection assistance under existing law; or (C) 7 the expiration of affordability restrictions accom- 8 panying a mortgage or preservation program admin- 9 istered by the Secretary: Provided further, That such 10 tenant protection assistance made available under 11 the previous proviso may be provided under the au- 12 thority of section 8(t) or section 8(o)(13) of the 13 United States Housing Act of 1937 (42 U.S.C. 14 1437f(t)): Provided further, That any tenant protec- 15 tion voucher made available from amounts under 16 this paragraph shall not be reissued by any public 17 housing agency, except the replacement vouchers as 18 defined by the Secretary by notice, when the initial 19 family that received any such voucher no longer re- 20 ceives such voucher, and the authority for any public 21 housing agency to issue any such voucher shall cease 22 to exist: Provided further, That the Secretary, for 23 the purpose under this paragraph, may use unobli- 24 gated balances, including recaptures and carryovers, 25 remaining from amounts appropriated in prior fiscal December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1565 1 years under this heading for voucher assistance for 2 nonelderly disabled families and for disaster assist- 3 ance made available under Public Law 110–329; 4 (3) $1,650,000,000 shall be for administrative 5 and other expenses of public housing agencies in ad- 6 ministering the section 8 tenant-based rental assist- 7 ance program, of which up to $10,000,000 shall be 8 available to the Secretary to allocate to public hous- 9 ing agencies that need additional funds to admin- 10 ister their section 8 programs, including fees associ- 11 ated with section 8 tenant protection rental assist- 12 ance, the administration of disaster related vouchers, 13 Veterans Affairs Supportive Housing vouchers, and 14 other special purpose incremental vouchers: Pro- 15 vided, That no less than $1,640,000,000 of the 16 amount provided in this paragraph shall be allocated 17 to public housing agencies for the calendar year 18 2016 funding cycle based on section 8(q) of the Act 19 (and related Appropriation Act provisions) as in ef- 20 fect immediately before the enactment of the Quality 21 Housing and Work Responsibility Act of 1998 (Pub- 22 lic Law 105–276): Provided further, That if the 23 amounts made available under this paragraph are 24 insufficient to pay the amounts determined under 25 the previous proviso, the Secretary may decrease the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1566 1 amounts allocated to agencies by a uniform percent- 2 age applicable to all agencies receiving funding 3 under this paragraph or may, to the extent nec- 4 essary to provide full payment of amounts deter- 5 mined under the previous proviso, utilize unobligated 6 balances, including recaptures and carryovers, re- 7 maining from funds appropriated to the Department 8 of Housing and Urban Development under this 9 heading from prior fiscal years, excluding special 10 purpose vouchers, notwithstanding the purposes for 11 which such amounts were appropriated: Provided 12 further, That all public housing agencies partici- 13 pating in the MTW demonstration shall be funded 14 pursuant to their MTW agreements, and shall be 15 subject to the same uniform percentage decrease as 16 under the previous proviso: Provided further, That 17 amounts provided under this paragraph shall be only 18 for activities related to the provision of tenant-based 19 rental assistance authorized under section 8, includ- 20 ing related development activities; 21 (4) $107,074,000 for the renewal of tenant- 22 based assistance contracts under section 811 of the 23 Cranston-Gonzalez National Affordable Housing Act 24 (42 U.S.C. 8013), including necessary administra- 25 tive expenses: Provided, That administrative and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1567 1 other expenses of public housing agencies in admin- 2 istering the special purpose vouchers in this para- 3 graph shall be funded under the same terms and be 4 subject to the same pro rata reduction as the per- 5 cent decrease for administrative and other expenses 6 to public housing agencies under paragraph (3) of 7 this heading; 8 (5) $60,000,000 for incremental rental voucher 9 assistance for use through a supported housing pro- 10 gram administered in conjunction with the Depart- 11 ment of Veterans Affairs as authorized under section 12 8(o)(19) of the United States Housing Act of 1937: 13 Provided, That the Secretary of Housing and Urban 14 Development shall make such funding available, not- 15 withstanding section 204 (competition provision) of 16 this title, to public housing agencies that partner 17 with eligible VA Medical Centers or other entities as 18 designated by the Secretary of the Department of 19 Veterans Affairs, based on geographical need for 20 such assistance as identified by the Secretary of the 21 Department of Veterans Affairs, public housing 22 agency administrative performance, and other fac- 23 tors as specified by the Secretary of Housing and 24 Urban Development in consultation with the Sec- 25 retary of the Department of Veterans Affairs: Pro- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1568 1 vided further, That the Secretary of Housing and 2 Urban Development may waive, or specify alter- 3 native requirements for (in consultation with the 4 Secretary of the Department of Veterans Affairs), 5 any provision of any statute or regulation that the 6 Secretary of Housing and Urban Development ad- 7 ministers in connection with the use of funds made 8 available under this paragraph (except for require- 9 ments related to fair housing, nondiscrimination, 10 labor standards, and the environment), upon a find- 11 ing by the Secretary that any such waivers or alter- 12 native requirements are necessary for the effective 13 delivery and administration of such voucher assist- 14 ance: Provided further, That assistance made avail- 15 able under this paragraph shall continue to remain 16 available for homeless veterans upon turn-over; and 17 (6) the Secretary shall separately track all spe- 18 cial purpose vouchers funded under this heading. 19 HOUSING CERTIFICATE FUND 20 (INCLUDING RESCISSIONS) 21 Unobligated balances, including recaptures and car- 22 ryover, remaining from funds appropriated to the Depart23 ment of Housing and Urban Development under this 24 heading, the heading ‘‘Annual Contributions for Assisted 25 Housing’’ and the heading ‘‘Project-Based Rental Assist- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1569 1 ance’’, for fiscal year 2016 and prior years may be used 2 for renewal of or amendments to section 8 project-based 3 contracts and for performance-based contract administra4 tors, notwithstanding the purposes for which such funds 5 were appropriated: Provided, That any obligated balances 6 of contract authority from fiscal year 1974 and prior that 7 have been terminated shall be rescinded: Provided further, 8 That amounts heretofore recaptured, or recaptured during 9 the current fiscal year, from section 8 project-based con10 tracts from source years fiscal year 1975 through fiscal 11 year 1987 are hereby rescinded, and an amount of addi12 tional new budget authority, equivalent to the amount re13 scinded is hereby appropriated, to remain available until 14 expended, for the purposes set forth under this heading, 15 in addition to amounts otherwise available. 16 17 PUBLIC HOUSING CAPITAL FUND For the Public Housing Capital Fund Program to 18 carry out capital and management activities for public 19 housing agencies, as authorized under section 9 of the 20 United States Housing Act of 1937 (42 U.S.C. 1437g) 21 (the ‘‘Act’’) $1,900,000,000, to remain available until 22 September 30, 2019: Provided, That notwithstanding any 23 other provision of law or regulation, during fiscal year 24 2016, the Secretary of Housing and Urban Development 25 may not delegate to any Department official other than December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1570 1 the Deputy Secretary and the Assistant Secretary for 2 Public and Indian Housing any authority under paragraph 3 (2) of section 9(j) regarding the extension of the time peri4 ods under such section: Provided further, That for pur5 poses of such section 9(j), the term ‘‘obligate’’ means, with 6 respect to amounts, that the amounts are subject to a 7 binding agreement that will result in outlays, immediately 8 or in the future: Provided further, That up to $3,000,000 9 shall be to support ongoing Public Housing Financial and 10 Physical Assessment activities: Provided further, That up 11 to $1,000,000 shall be to support the costs of administra12 tive and judicial receiverships: Provided further, That of 13 the total amount provided under this heading, not to ex14 ceed $21,500,000 shall be available for the Secretary to 15 make grants, notwithstanding section 204 of this Act, to 16 public housing agencies for emergency capital needs in17 cluding safety and security measures necessary to address 18 crime and drug-related activity as well as needs resulting 19 from unforeseen or unpreventable emergencies and nat20 ural disasters excluding Presidentially declared emer21 gencies and natural disasters under the Robert T. Stafford 22 Disaster Relief and Emergency Act (42 U.S.C. 5121 et 23 seq.) occurring in fiscal year 2016: Provided further, That 24 of the amount made available under the previous proviso, 25 not less than $5,000,000 shall be for safety and security December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1571 1 measures: Provided further, That of the total amount pro2 vided under this heading $35,000,000 shall be for sup3 portive services, service coordinator and congregate serv4 ices as authorized by section 34 of the Act (42 U.S.C. 5 1437z–6) and the Native American Housing Assistance 6 and Self-Determination Act of 1996 (25 U.S.C. 4101 et 7 seq.): Provided further, That of the total amount made 8 available under this heading, $15,000,000 shall be for a 9 Jobs-Plus initiative modeled after the Jobs-Plus dem10 onstration: Provided further, That the funding provided 11 under the previous proviso shall provide competitive grants 12 to partnerships between public housing authorities, local 13 workforce investment boards established under section 14 117 of the Workforce Investment Act of 1998, and other 15 agencies and organizations that provide support to help 16 public housing residents obtain employment and increase 17 earnings: Provided further, That applicants must dem18 onstrate the ability to provide services to residents, part19 ner with workforce investment boards, and leverage service 20 dollars: Provided further, That the Secretary may allow 21 public housing agencies to request exemptions from rent 22 and income limitation requirements under sections 3 and 23 6 of the United States Housing Act of 1937 as necessary 24 to implement the Jobs-Plus program, on such terms and 25 conditions as the Secretary may approve upon a finding December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1572 1 by the Secretary that any such waivers or alternative re2 quirements are necessary for the effective implementation 3 of the Jobs-Plus initiative as a voluntary program for resi4 dents: Provided further, That the Secretary shall publish 5 by notice in the Federal Register any waivers or alter6 native requirements pursuant to the preceding proviso no 7 later than 10 days before the effective date of such notice: 8 Provided further, That for funds provided under this head9 ing, the limitation in section 9(g)(1) of the Act shall be 10 25 percent: Provided further, That the Secretary may 11 waive the limitation in the previous proviso to allow public 12 housing agencies to fund activities authorized under sec13 tion 9(e)(1)(C) of the Act: Provided further, That the Sec14 retary shall notify public housing agencies requesting 15 waivers under the previous proviso if the request is ap16 proved or denied within 14 days of submitting the request: 17 Provided further, That from the funds made available 18 under this heading, the Secretary shall provide bonus 19 awards in fiscal year 2016 to public housing agencies that 20 are designated high performers: Provided further, That the 21 Department shall notify public housing agencies of their 22 formula allocation within 60 days of enactment of this Act. 23 24 PUBLIC HOUSING OPERATING FUND For 2016 payments to public housing agencies for the 25 operation and management of public housing, as author- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1573 1 ized by section 9(e) of the United States Housing Act of 2 1937 (42 U.S.C. 1437g(e)), $4,500,000,000, to remain 3 available until September 30, 2017. 4 5 CHOICE NEIGHBORHOODS INITIATIVE For competitive grants under the Choice Neighbor- 6 hoods Initiative (subject to section 24 of the United States 7 Housing Act of 1937 (42 U.S.C. 1437v), unless otherwise 8 specified under this heading), for transformation, rehabili9 tation, and replacement housing needs of both public and 10 HUD-assisted housing and to transform neighborhoods of 11 poverty into functioning, sustainable mixed income neigh12 borhoods with appropriate services, schools, public assets, 13 transportation and access to jobs, $125,000,000, to re14 main available until September 30, 2018: Provided, That 15 grant funds may be used for resident and community serv16 ices, community development, and affordable housing 17 needs in the community, and for conversion of vacant or 18 foreclosed properties to affordable housing: Provided fur19 ther, That the use of funds made available under this 20 heading shall not be deemed to be public housing notwith21 standing section 3(b)(1) of such Act: Provided further, 22 That grantees shall commit to an additional period of af23 fordability determined by the Secretary of not fewer than 24 20 years: Provided further, That grantees shall undertake 25 comprehensive local planning with input from residents December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1574 1 and the community, and that grantees shall provide a 2 match in State, local, other Federal or private funds: Pro3 vided further, That grantees may include local govern4 ments, tribal entities, public housing authorities, and non5 profits: Provided further, That for-profit developers may 6 apply jointly with a public entity: Provided further, That 7 for purposes of environmental review, a grantee shall be 8 treated as a public housing agency under section 26 of 9 the United States Housing Act of 1937 (42 U.S.C. 10 1437x), and grants under this heading shall be subject 11 to the regulations issued by the Secretary to implement 12 such section: Provided further, That of the amount pro13 vided, not less than $75,000,000 shall be awarded to pub14 lic housing agencies: Provided further, That such grantees 15 shall create partnerships with other local organizations in16 cluding assisted housing owners, service agencies, and 17 resident organizations: Provided further, That the Sec18 retary shall consult with the Secretaries of Education, 19 Labor, Transportation, Health and Human Services, Agri20 culture, and Commerce, the Attorney General, and the Ad21 ministrator of the Environmental Protection Agency to co22 ordinate and leverage other appropriate Federal resources: 23 Provided further, That no more than $5,000,000 of funds 24 made available under this heading may be provided to as25 sist communities in developing comprehensive strategies December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1575 1 for implementing this program or implementing other revi2 talization efforts in conjunction with community notice 3 and input: Provided further, That the Secretary shall de4 velop and publish guidelines for the use of such competi5 tive funds, including but not limited to eligible activities, 6 program requirements, and performance metrics: Provided 7 further, That unobligated balances, including recaptures, 8 remaining from funds appropriated under the heading 9 ‘‘Revitalization of Severely Distressed Public Housing 10 (HOPE VI)’’ in fiscal year 2011 and prior fiscal years 11 may be used for purposes under this heading, notwith12 standing the purposes for which such amounts were appro13 priated. 14 15 FAMILY SELF-SUFFICIENCY For the Family Self-Sufficiency program to support 16 family self-sufficiency coordinators under section 23 of the 17 United States Housing Act of 1937, to promote the devel18 opment of local strategies to coordinate the use of assist19 ance under sections 8(o) and 9 of such Act with public 20 and private resources, and enable eligible families to 21 achieve economic independence and self-sufficiency, 22 $75,000,000, to remain available until September 30, 23 2017: Provided, That the Secretary may, by Federal Reg24 ister notice, waive or specify alternative requirements 25 under sections b(3), b(4), b(5), or c(1) of section 23 of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1576 1 such Act in order to facilitate the operation of a unified 2 self-sufficiency program for individuals receiving assist3 ance under different provisions of the Act, as determined 4 by the Secretary: Provided further, That owners of a pri5 vately owned multifamily property with a section 8 con6 tract may voluntarily make a Family Self-Sufficiency pro7 gram available to the assisted tenants of such property 8 in accordance with procedures established by the Sec9 retary: Provided further, That such procedures established 10 pursuant to the previous proviso shall permit participating 11 tenants to accrue escrow funds in accordance with section 12 23(d)(2) and shall allow owners to use funding from resid13 ual receipt accounts to hire coordinators for their own 14 Family Self-Sufficiency program. 15 16 NATIVE AMERICAN HOUSING BLOCK GRANTS For the Native American Housing Block Grants pro- 17 gram, as authorized under title I of the Native American 18 Housing Assistance and Self-Determination Act of 1996 19 (NAHASDA) (25 U.S.C. 4111 et seq.), $650,000,000, to 20 remain available until September 30, 2020: Provided, 21 That, notwithstanding the Native American Housing As22 sistance and Self-Determination Act of 1996, to determine 23 the amount of the allocation under title I of such Act for 24 each Indian tribe, the Secretary shall apply the formula 25 under section 302 of such Act with the need component December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1577 1 based on single-race census data and with the need compo2 nent based on multi-race census data, and the amount of 3 the allocation for each Indian tribe shall be the greater 4 of the two resulting allocation amounts: Provided further, 5 That of the amounts made available under this heading, 6 $3,500,000 shall be contracted for assistance for national 7 or regional organizations representing Native American 8 housing interests for providing training and technical as9 sistance to Indian housing authorities and tribally des10 ignated housing entities as authorized under NAHASDA: 11 Provided further, That of the funds made available under 12 the previous proviso, not less than $2,000,000 shall be 13 made available for a national organization as authorized 14 under section 703 of NAHASDA (25 U.S.C. 4212): Pro15 vided further, That of the amounts made available under 16 this heading, $2,000,000 shall be to support the inspection 17 of Indian housing units, contract expertise, training, and 18 technical assistance in the training, oversight, and man19 agement of such Indian housing and tenant-based assist20 ance: Provided further, That of the amount provided under 21 this heading, $2,000,000 shall be made available for the 22 cost of guaranteed notes and other obligations, as author23 ized by title VI of NAHASDA: Provided further, That such 24 costs, including the costs of modifying such notes and 25 other obligations, shall be as defined in section 502 of the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1578 1 Congressional Budget Act of 1974, as amended: Provided 2 further, That these funds are available to subsidize the 3 total principal amount of any notes and other obligations, 4 any part of which is to be guaranteed, not to exceed 5 $17,452,007: Provided further, That the Department will 6 notify grantees of their formula allocation within 60 days 7 of the date of enactment of this Act: Provided further, not8 withstanding section 302(d) of NAHASDA, if on January 9 1, 2016, a recipient’s total amount of undisbursed block 10 grants in the Department’s line of credit control system 11 is greater than three times the formula allocation it would 12 otherwise receive under this heading, the Secretary shall 13 adjust that recipient’s formula allocation down by the dif14 ference between its total amount of undisbursed block 15 grants in the Department’s line of credit control system 16 on January 1, 2016, and three times the formula alloca17 tion it would otherwise receive: Provided further, That 18 grant amounts not allocated to a recipient pursuant to the 19 previous proviso shall be allocated under the need compo20 nent of the formula proportionately among all other In21 dian tribes not subject to an adjustment: Provided further, 22 That the two previous provisos shall not apply to any In23 dian tribe that would otherwise receive a formula alloca24 tion of less than $8,000,000: Provided further, That to 25 take effect, the three previous provisos do not require December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1579 1 issuance or amendment of any regulation, and shall not 2 be construed to confer hearing rights under any section 3 of NAHASDA or its implementing regulations. 4 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM 5 ACCOUNT 6 For the cost of guaranteed loans, as authorized by 7 section 184 of the Housing and Community Development 8 Act of 1992 (12 U.S.C. 1715z–13a), $7,500,000, to re9 main available until expended: Provided, That such costs, 10 including the costs of modifying such loans, shall be as 11 defined in section 502 of the Congressional Budget Act 12 of 1974: Provided further, That these funds are available 13 to subsidize total loan principal, any part of which is to 14 be guaranteed, up to $1,190,476,190, to remain available 15 until expended: Provided further, That up to $750,000 of 16 this amount may be for administrative contract expenses 17 including management processes and systems to carry out 18 the loan guarantee program. 19 20 COMMUNITY PLANNING AND DEVELOPMENT HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS 21 For carrying out the Housing Opportunities for Per- 22 sons with AIDS program, as authorized by the AIDS 23 Housing Opportunity Act (42 U.S.C. 12901 et seq.), 24 $335,000,000, to remain available until September 30, 25 2017, except that amounts allocated pursuant to section December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1580 1 854(c)(3) of such Act shall remain available until Sep2 tember 30, 2018: Provided, That the Secretary shall renew 3 all expiring contracts for permanent supportive housing 4 that initially were funded under section 854(c)(3) of such 5 Act from funds made available under this heading in fiscal 6 year 2010 and prior fiscal years that meet all program 7 requirements before awarding funds for new contracts 8 under such section: Provided further, That the Depart9 ment shall notify grantees of their formula allocation with10 in 60 days of enactment of this Act. 11 12 COMMUNITY DEVELOPMENT FUND For assistance to units of State and local govern- 13 ment, and to other entities, for economic and community 14 development activities, and for other purposes, 15 $3,060,000,000, to remain available until September 30, 16 2018, unless otherwise specified: Provided, That of the 17 total amount provided, $3,000,000,000 is for carrying out 18 the community development block grant program under 19 title I of the Housing and Community Development Act 20 of 1974, as amended (‘‘the Act’’ herein) (42 U.S.C. 5301 21 et seq.): Provided further, That unless explicitly provided 22 for under this heading, not to exceed 20 percent of any 23 grant made with funds appropriated under this heading 24 shall be expended for planning and management develop25 ment and administration: Provided further, That a metro- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1581 1 politan city, urban county, unit of general local govern2 ment, or Indian tribe, or insular area that directly or indi3 rectly receives funds under this heading may not sell, 4 trade, or otherwise transfer all or any portion of such 5 funds to another such entity in exchange for any other 6 funds, credits or non-Federal considerations, but must use 7 such funds for activities eligible under title I of the Act: 8 Provided further, That notwithstanding section 105(e)(1) 9 of the Act, no funds provided under this heading may be 10 provided to a for-profit entity for an economic develop11 ment project under section 105(a)(17) unless such project 12 has been evaluated and selected in accordance with guide13 lines required under subparagraph (e)(2): Provided fur14 ther, That none of the funds made available under this 15 heading may be used for grants for the Economic Develop16 ment Initiative (‘‘EDI’’) or Neighborhood Initiatives ac17 tivities, Rural Innovation Fund, or for grants pursuant to 18 section 107 of the Housing and Community Development 19 Act of 1974 (42 U.S.C. 5307): Provided further, That the 20 Department shall notify grantees of their formula alloca21 tion within 60 days of enactment of this Act: Provided 22 further, That of the total amount provided under this 23 heading $60,000,000 shall be for grants to Indian tribes 24 notwithstanding section 106(a)(1) of such Act, of which, 25 notwithstanding any other provision of law (including sec- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1582 1 tion 204 of this Act), up to $4,000,000 may be used for 2 emergencies that constitute imminent threats to health 3 and safety. 4 COMMUNITY DEVELOPMENT LOAN GUARANTEES 5 PROGRAM ACCOUNT 6 (INCLUDING RESCISSION) 7 Subject to section 502 of the Congressional Budget 8 Act of 1974, during fiscal year 2016, commitments to 9 guarantee loans under section 108 of the Housing and 10 Community Development Act of 1974 (42 U.S.C. 5308), 11 any part of which is guaranteed, shall not exceed a total 12 principal amount of $300,000,000, notwithstanding any 13 aggregate limitation on outstanding obligations guaran14 teed in subsection (k) of such section 108: Provided, That 15 the Secretary shall collect fees from borrowers, notwith16 standing subsection (m) of such section 108, to result in 17 a credit subsidy cost of zero for guaranteeing such loans, 18 and any such fees shall be collected in accordance with 19 section 502(7) of the Congressional Budget Act of 1974: 20 Provided further, That all unobligated balances, including 21 recaptures and carryover, remaining from funds appro22 priated to the Department of Housing and Urban Devel23 opment under this heading are hereby permanently re24 scinded. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1583 1 2 HOME INVESTMENT PARTNERSHIPS PROGRAM For the HOME Investment Partnerships program, as 3 authorized under title II of the Cranston-Gonzalez Na4 tional Affordable Housing Act, as amended, 5 $950,000,000, to remain available until September 30, 6 2019: Provided, That notwithstanding the amount made 7 available under this heading, the threshold reduction re8 quirements in sections 216(10) and 217(b)(4) of such Act 9 shall not apply to allocations of such amount: Provided 10 further, That the requirements under provisos 2 through 11 6 under this heading for fiscal year 2012 and such re12 quirements applicable pursuant to the ‘‘Full-Year Con13 tinuing Appropriations Act, 2013’’, shall not apply to any 14 project to which funds were committed on or after August 15 23, 2013, but such projects shall instead be governed by 16 the Final Rule titled ‘‘Home Investment Partnerships 17 Program; Improving Performance and Accountability; Up18 dating Property Standards’’ which became effective on 19 such date: Provided further, That with respect to funds 20 made available under this heading pursuant to such Act 21 and funds provided in prior and subsequent appropriations 22 acts that were or are used by community land trusts for 23 the development of affordable homeownership housing 24 pursuant to section 215(b) of such Act, such community 25 land trusts, notwithstanding section 215(b)(3)(A) of such December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1584 1 Act, may hold and exercise purchase options, rights of 2 first refusal or other preemptive rights to purchase the 3 housing to preserve affordability, including but not limited 4 to the right to purchase the housing in lieu of foreclosure: 5 Provided further, That the Department shall notify grant6 ees of their formula allocation within 60 days of enactment 7 of this Act. 8 SELF-HELP AND ASSISTED HOMEOWNERSHIP 9 OPPORTUNITY PROGRAM 10 For the Self-Help and Assisted Homeownership Op- 11 portunity Program, as authorized under section 11 of the 12 Housing Opportunity Program Extension Act of 1996, as 13 amended, $50,000,000, to remain available until Sep14 tember 30, 2018: Provided, That of the total amount pro15 vided under this heading, $10,000,000 shall be made 16 available to the Self-Help and Assisted Homeownership 17 Opportunity Program as authorized under section 11 of 18 the Housing Opportunity Program Extension Act of 1996, 19 as amended: Provided further, That of the total amount 20 provided under this heading, $35,000,000 shall be made 21 available for the second, third, and fourth capacity build22 ing activities authorized under section 4(a) of the HUD 23 Demonstration Act of 1993 (42 U.S.C. 9816 note), of 24 which not less than $5,000,000 shall be made available 25 for rural capacity building activities: Provided further, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1585 1 That of the total amount provided under this heading, 2 $5,000,000 shall be made available for capacity building 3 by national rural housing organizations with experience 4 assessing national rural conditions and providing financ5 ing, training, technical assistance, information, and re6 search to local nonprofits, local governments and Indian 7 Tribes serving high need rural communities: Provided fur8 ther, That an additional $5,700,000, to remain available 9 until expended, shall be for a program to rehabilitate and 10 modify homes of disabled or low-income veterans as au11 thorized under section 1079 of Public Law 113–291. 12 13 HOMELESS ASSISTANCE GRANTS For the Emergency Solutions Grants program as au- 14 thorized under subtitle B of title IV of the McKinney15 Vento Homeless Assistance Act, as amended; the Con16 tinuum of Care program as authorized under subtitle C 17 of title IV of such Act; and the Rural Housing Stability 18 Assistance program as authorized under subtitle D of title 19 IV of such Act, $2,250,000,000, to remain available until 20 September 30, 2018: Provided, That any rental assistance 21 amounts that are recaptured under such Continuum of 22 Care program shall remain available until expended: Pro23 vided further, That not less than $250,000,000 of the 24 funds appropriated under this heading shall be available 25 for such Emergency Solutions Grants program: Provided December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1586 1 further, That not less than $1,918,000,000 of the funds 2 appropriated under this heading shall be available for such 3 Continuum of Care and Rural Housing Stability Assist4 ance programs: Provided further, That up to $7,000,000 5 of the funds appropriated under this heading shall be 6 available for the national homeless data analysis project: 7 Provided further, That all funds awarded for supportive 8 services under the Continuum of Care program and the 9 Rural Housing Stability Assistance program shall be 10 matched by not less than 25 percent in cash or in kind 11 by each grantee: Provided further, That for all match re12 quirements applicable to funds made available under this 13 heading for this fiscal year and prior years, a grantee may 14 use (or could have used) as a source of match funds other 15 funds administered by the Secretary and other Federal 16 agencies unless there is (or was) a specific statutory prohi17 bition on any such use of any such funds: Provided further, 18 That the Secretary shall establish system performance 19 measures for which each continuum of care shall report 20 baseline outcomes, and that relative to fiscal year 2015, 21 under the Continuum of Care competition with respect to 22 funds made available under this heading, the Secretary 23 shall base an increasing share of the score on performance 24 criteria: Provided further, That none of the funds provided 25 under this heading shall be available to provide funding December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1587 1 for new projects, except for projects created through re2 allocation, unless the Secretary determines that the con3 tinuum of care has demonstrated that projects are evalu4 ated and ranked based on the degree to which they im5 prove the continuum of care’s system performance: Pro6 vided further, That the Secretary shall prioritize funding 7 under the Continuum of Care program to continuums of 8 care that have demonstrated a capacity to reallocate fund9 ing from lower performing projects to higher performing 10 projects: Provided further, That all awards of assistance 11 under this heading shall be required to coordinate and in12 tegrate homeless programs with other mainstream health, 13 social services, and employment programs for which home14 less populations may be eligible: Provided further, That 15 with respect to funds provided under this heading for the 16 Continuum of Care program for fiscal years 2013, 2014, 17 2015, and 2016 provision of permanent housing rental as18 sistance may be administered by private nonprofit organi19 zations: Provided further, That any unobligated amounts 20 remaining from funds appropriated under this heading in 21 fiscal year 2012 and prior years for project-based rental 22 assistance for rehabilitation projects with 10-year grant 23 terms may be used for purposes under this heading, not24 withstanding the purposes for which such funds were ap25 propriated: Provided further, That all balances for Shelter December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1588 1 Plus Care renewals previously funded from the Shelter 2 Plus Care Renewal account and transferred to this ac3 count shall be available, if recaptured, for Continuum of 4 Care renewals in fiscal year 2016: Provided further, That 5 the Department shall notify grantees of their formula allo6 cation from amounts allocated (which may represent ini7 tial or final amounts allocated) for the Emergency Solu8 tions Grant program within 60 days of enactment of this 9 Act: Provided further, That up to $33,000,000 of the 10 funds appropriated under this heading shall be to imple11 ment projects to demonstrate how a comprehensive ap12 proach to serving homeless youth, age 24 and under, in 13 up to 10 communities, including at least four rural com14 munities, can dramatically reduce youth homelessness: 15 Provided further, That such projects shall be eligible for 16 renewal under the Continuum of Care program subject to 17 the same terms and conditions as other renewal appli18 cants: Provided further, That up to $5,000,000 of the 19 funds appropriated under this heading shall be available 20 to provide technical assistance on youth homelessness, and 21 collection, analysis, and reporting of data and performance 22 measures under the comprehensive approaches to serve 23 homeless youth, in addition to and in coordination with 24 other technical assistance funds provided under this title: 25 Provided further, That youth aged 24 and under seeking December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1589 1 assistance under this heading shall not be required to pro2 vide third party documentation to establish their eligibility 3 under 42 U.S.C. 11302(a) or (b) to receive services: Pro4 vided further, That unaccompanied youth aged 24 and 5 under or families headed by youth aged 24 and under who 6 are living in unsafe situations may be served by youth7 serving providers funded under this heading: Provided fur8 ther, That the Secretary may use amounts made available 9 under this heading for the Continuum of Care program 10 to renew a grant originally awarded pursuant to the mat11 ter under the heading ‘‘Department of Housing and 12 Urban Development—Permanent Supportive Housing’’ in 13 chapter 6 of title III of the Supplemental Appropriations 14 Act, 2008 (Public Law 110–252; 122 Stat. 2351) for as15 sistance under subtitle F of title IV of the McKinney16 Vento Homeless Assistance Act (42 U.S.C. 11403 et seq.): 17 Provided further, That such renewal grant shall be award18 ed to the same grantee and be subject to the provisions 19 of such Continuum of Care program except that the funds 20 may be used outside the geographic area of the continuum 21 of care. 22 HOUSING PROGRAMS 23 PROJECT-BASED RENTAL ASSISTANCE 24 For activities and assistance for the provision of 25 project-based subsidy contracts under the United States December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1590 1 Housing Act of 1937 (42 U.S.C. 1437 et seq.) (‘‘the 2 Act’’), not otherwise provided for, $10,220,000,000, to re3 main available until expended, shall be available on Octo4 ber 1, 2015 (in addition to the $400,000,000 previously 5 appropriated under this heading that became available Oc6 tober 1, 2015), and $400,000,000, to remain available 7 until expended, shall be available on October 1, 2016: Pro8 vided, That the amounts made available under this head9 ing shall be available for expiring or terminating section 10 8 project-based subsidy contracts (including section 8 11 moderate rehabilitation contracts), for amendments to sec12 tion 8 project-based subsidy contracts (including section 13 8 moderate rehabilitation contracts), for contracts entered 14 into pursuant to section 441 of the McKinney-Vento 15 Homeless Assistance Act (42 U.S.C. 11401), for renewal 16 of section 8 contracts for units in projects that are subject 17 to approved plans of action under the Emergency Low In18 come Housing Preservation Act of 1987 or the Low-In19 come Housing Preservation and Resident Homeownership 20 Act of 1990, and for administrative and other expenses 21 associated with project-based activities and assistance 22 funded under this paragraph: Provided further, That of 23 the total amounts provided under this heading, not to ex24 ceed $215,000,000 shall be available for performance25 based contract administrators for section 8 project-based December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1591 1 assistance, for carrying out 42 U.S.C. 1437(f): Provided 2 further, That the Secretary of Housing and Urban Devel3 opment may also use such amounts in the previous proviso 4 for performance-based contract administrators for the ad5 ministration of: interest reduction payments pursuant to 6 section 236(a) of the National Housing Act (12 U.S.C. 7 1715z–1(a)); rent supplement payments pursuant to sec8 tion 101 of the Housing and Urban Development Act of 9 1965 (12 U.S.C. 1701s); section 236(f)(2) rental assist10 ance payments (12 U.S.C. 1715z–1(f)(2)); project rental 11 assistance contracts for the elderly under section 12 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q); 13 project rental assistance contracts for supportive housing 14 for persons with disabilities under section 811(d)(2) of the 15 Cranston-Gonzalez National Affordable Housing Act (42 16 U.S.C. 8013(d)(2)); project assistance contracts pursuant 17 to section 202(h) of the Housing Act of 1959 (Public Law 18 86–372; 73 Stat. 667); and loans under section 202 of 19 the Housing Act of 1959 (Public Law 86–372; 73 Stat. 20 667): Provided further, That amounts recaptured under 21 this heading, the heading ‘‘Annual Contributions for As22 sisted Housing’’, or the heading ‘‘Housing Certificate 23 Fund’’, may be used for renewals of or amendments to 24 section 8 project-based contracts or for performance-based 25 contract administrators, notwithstanding the purposes for December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1592 1 which such amounts were appropriated: Provided further, 2 That, notwithstanding any other provision of law, upon 3 the request of the Secretary of Housing and Urban Devel4 opment, project funds that are held in residual receipts 5 accounts for any project subject to a section 8 project6 based Housing Assistance Payments contract that author7 izes HUD or a Housing Finance Agency to require that 8 surplus project funds be deposited in an interest-bearing 9 residual receipts account and that are in excess of an 10 amount to be determined by the Secretary, shall be remit11 ted to the Department and deposited in this account, to 12 be available until expended: Provided further, That 13 amounts deposited pursuant to the previous proviso shall 14 be available in addition to the amount otherwise provided 15 by this heading for uses authorized under this heading. 16 17 HOUSING FOR THE ELDERLY For amendments to capital advance contracts for 18 housing for the elderly, as authorized by section 202 of 19 the Housing Act of 1959, as amended, and for project 20 rental assistance for the elderly under section 202(c)(2) 21 of such Act, including amendments to contracts for such 22 assistance and renewal of expiring contracts for such as23 sistance for up to a 1-year term, and for senior preserva24 tion rental assistance contracts, including renewals, as au25 thorized by section 811(e) of the American Housing and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1593 1 Economic Opportunity Act of 2000, as amended, and for 2 supportive services associated with the housing, 3 $432,700,000 to remain available until September 30, 4 2019: Provided, That of the amount provided under this 5 heading, up to $77,000,000 shall be for service coordina6 tors and the continuation of existing congregate service 7 grants for residents of assisted housing projects: Provided 8 further, That amounts under this heading shall be avail9 able for Real Estate Assessment Center inspections and 10 inspection-related activities associated with section 202 11 projects: Provided further, That the Secretary may waive 12 the provisions of section 202 governing the terms and con13 ditions of project rental assistance, except that the initial 14 contract term for such assistance shall not exceed 5 years 15 in duration: Provided further, That upon request of the 16 Secretary of Housing and Urban Development, project 17 funds that are held in residual receipts accounts for any 18 project subject to a section 202 project rental assistance 19 contract, and that upon termination of such contract are 20 in excess of an amount to be determined by the Secretary, 21 shall be remitted to the Department and deposited in this 22 account, to be available until September 30, 2019: Pro23 vided further, That amounts deposited in this account pur24 suant to the previous proviso shall be available, in addition 25 to the amounts otherwise provided by this heading, for December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1594 1 amendments and renewals: Provided further, That unobli2 gated balances, including recaptures and carryover, re3 maining from funds transferred to or appropriated under 4 this heading shall be available for amendments and renew5 als notwithstanding the purposes for which such funds 6 originally were appropriated. 7 8 HOUSING FOR PERSONS WITH DISABILITIES For amendments to capital advance contracts for 9 supportive housing for persons with disabilities, as author10 ized by section 811 of the Cranston-Gonzalez National Af11 fordable Housing Act (42 U.S.C. 8013), for project rental 12 assistance for supportive housing for persons with disabil13 ities under section 811(d)(2) of such Act and for project 14 assistance contracts pursuant to section 202(h) of the 15 Housing Act of 1959 (Public Law 86–372; 73 Stat. 667), 16 including amendments to contracts for such assistance 17 and renewal of expiring contracts for such assistance for 18 up to a 1-year term, for project rental assistance to State 19 housing finance agencies and other appropriate entities as 20 authorized under section 811(b)(3) of the Cranston-Gon21 zalez National Housing Act, and for supportive services 22 associated with the housing for persons with disabilities 23 as authorized by section 811(b)(1) of such Act, 24 $150,600,000, to remain available until September 30, 25 2019: Provided, That amounts made available under this December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1595 1 heading shall be available for Real Estate Assessment 2 Center inspections and inspection-related activities associ3 ated with section 811 projects: Provided further, That, in 4 this fiscal year, upon the request of the Secretary of Hous5 ing and Urban Development, project funds that are held 6 in residual receipts accounts for any project subject to a 7 section 811 project rental assistance contract and that 8 upon termination of such contract are in excess of an 9 amount to be determined by the Secretary shall be remit10 ted to the Department and deposited in this account, to 11 be available until September 30, 2019: Provided further, 12 That amounts deposited in this account pursuant to the 13 previous proviso shall be available in addition to the 14 amounts otherwise provided by this heading for amend15 ments and renewals: Provided further, That unobligated 16 balances, including recaptures and carryover, remaining 17 from funds transferred to or appropriated under this 18 heading shall be used for amendments and renewals not19 withstanding the purposes for which such funds originally 20 were appropriated. 21 22 HOUSING COUNSELING ASSISTANCE For contracts, grants, and other assistance excluding 23 loans, as authorized under section 106 of the Housing and 24 Urban Development Act of 1968, as amended, 25 $47,000,000, to remain available until September 30, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1596 1 2017, including up to $4,500,000 for administrative con2 tract services: Provided, That grants made available from 3 amounts provided under this heading shall be awarded 4 within 180 days of enactment of this Act: Provided further, 5 That funds shall be used for providing counseling and ad6 vice to tenants and homeowners, both current and pro7 spective, with respect to property maintenance, financial 8 management/literacy, and such other matters as may be 9 appropriate to assist them in improving their housing con10 ditions, meeting their financial needs, and fulfilling the re11 sponsibilities of tenancy or homeownership; for program 12 administration; and for housing counselor training: Pro13 vided further, That for purposes of providing such grants 14 from amounts provided under this heading, the Secretary 15 may enter into multiyear agreements as appropriate, sub16 ject to the availability of annual appropriations. 17 18 RENTAL HOUSING ASSISTANCE For amendments to contracts under section 101 of 19 the Housing and Urban Development Act of 1965 (12 20 U.S.C. 1701s) and section 236(f)(2) of the National 21 Housing Act (12 U.S.C. 1715z–1) in State-aided, non22 insured rental housing projects, $30,000,000, to remain 23 available until expended: Provided, That such amount, to24 gether with unobligated balances from recaptured 25 amounts appropriated prior to fiscal year 2006 from ter- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1597 1 minated contracts under such sections of law, and any un2 obligated balances, including recaptures and carryover, re3 maining from funds appropriated under this heading after 4 fiscal year 2005, shall also be available for extensions of 5 up to one year for expiring contracts under such sections 6 of law. 7 PAYMENT TO MANUFACTURED HOUSING FEES TRUST 8 FUND 9 For necessary expenses as authorized by the National 10 Manufactured Housing Construction and Safety Stand11 ards Act of 1974 (42 U.S.C. 5401 et seq.), up to 12 $10,500,000, to remain available until expended, of which 13 $10,500,000 is to be derived from the Manufactured 14 Housing Fees Trust Fund: Provided, That not to exceed 15 the total amount appropriated under this heading shall be 16 available from the general fund of the Treasury to the ex17 tent necessary to incur obligations and make expenditures 18 pending the receipt of collections to the Fund pursuant 19 to section 620 of such Act: Provided further, That the 20 amount made available under this heading from the gen21 eral fund shall be reduced as such collections are received 22 during fiscal year 2016 so as to result in a final fiscal 23 year 2016 appropriation from the general fund estimated 24 at zero, and fees pursuant to such section 620 shall be 25 modified as necessary to ensure such a final fiscal year December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1598 1 2016 appropriation: Provided further, That for the dispute 2 resolution and installation programs, the Secretary of 3 Housing and Urban Development may assess and collect 4 fees from any program participant: Provided further, That 5 such collections shall be deposited into the Fund, and the 6 Secretary, as provided herein, may use such collections, 7 as well as fees collected under section 620, for necessary 8 expenses of such Act: Provided further, That, notwith9 standing the requirements of section 620 of such Act, the 10 Secretary may carry out responsibilities of the Secretary 11 under such Act through the use of approved service pro12 viders that are paid directly by the recipients of their serv13 ices. 14 FEDERAL HOUSING ADMINISTRATION 15 MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT 16 New commitments to guarantee single family loans 17 insured under the Mutual Mortgage Insurance Fund shall 18 not exceed $400,000,000,000, to remain available until 19 September 30, 2017: Provided, That during fiscal year 20 2016, obligations to make direct loans to carry out the 21 purposes of section 204(g) of the National Housing Act, 22 as amended, shall not exceed $5,000,000: Provided fur23 ther, That the foregoing amount in the previous proviso 24 shall be for loans to nonprofit and governmental entities 25 in connection with sales of single family real properties December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1599 1 owned by the Secretary and formerly insured under the 2 Mutual Mortgage Insurance Fund: Provided further, That 3 for administrative contract expenses of the Federal Hous4 ing Administration, $130,000,000, to remain available 5 until September 30, 2017: Provided further, That to the 6 extent guaranteed loan commitments exceed 7 $200,000,000,000 on or before April 1, 2016, an addi8 tional $1,400 for administrative contract expenses shall be 9 available for each $1,000,000 in additional guaranteed 10 loan commitments (including a pro rata amount for any 11 amount below $1,000,000), but in no case shall funds 12 made available by this proviso exceed $30,000,000. 13 GENERAL AND SPECIAL RISK PROGRAM ACCOUNT 14 New commitments to guarantee loans insured under 15 the General and Special Risk Insurance Funds, as author16 ized by sections 238 and 519 of the National Housing Act 17 (12 U.S.C. 1715z–3 and 1735c), shall not exceed 18 $30,000,000,000 in total loan principal, any part of which 19 is to be guaranteed, to remain available until September 20 30, 2017: Provided, That during fiscal year 2016, gross 21 obligations for the principal amount of direct loans, as au22 thorized by sections 204(g), 207(l), 238, and 519(a) of 23 the National Housing Act, shall not exceed $5,000,000, 24 which shall be for loans to nonprofit and governmental en25 tities in connection with the sale of single family real prop- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1600 1 erties owned by the Secretary and formerly insured under 2 such Act. 3 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION 4 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN 5 GUARANTEE PROGRAM ACCOUNT 6 New commitments to issue guarantees to carry out 7 the purposes of section 306 of the National Housing Act, 8 as amended (12 U.S.C. 1721(g)), shall not exceed 9 $500,000,000,000, to remain available until September 10 30, 2017: Provided, That $23,000,000 shall be available 11 for necessary salaries and expenses of the Office of Gov12 ernment National Mortgage Association: Provided further, 13 That to the extent that guaranteed loan commitments ex14 ceed $155,000,000,000 on or before April 1, 2016, an ad15 ditional $100 for necessary salaries and expenses shall be 16 available until expended for each $1,000,000 in additional 17 guaranteed loan commitments (including a pro rata 18 amount for any amount below $1,000,000), but in no case 19 shall funds made available by this proviso exceed 20 $3,000,000: Provided further, That receipts from Commit21 ment and Multiclass fees collected pursuant to title III of 22 the National Housing Act, as amended, shall be credited 23 as offsetting collections to this account. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1601 1 2 3 POLICY DEVELOPMENT AND RESEARCH RESEARCH AND TECHNOLOGY For contracts, grants, and necessary expenses of pro- 4 grams of research and studies relating to housing and 5 urban problems, not otherwise provided for, as authorized 6 by title V of the Housing and Urban Development Act 7 of 1970 (12 U.S.C. 1701z–1 et seq.), including carrying 8 out the functions of the Secretary of Housing and Urban 9 Development under section 1(a)(1)(i) of Reorganization 10 Plan No. 2 of 1968, and for technical assistance, 11 $85,000,000, to remain available until September 30, 12 2017: Provided, That with respect to amounts made avail13 able under this heading, notwithstanding section 204 of 14 this title, the Secretary may enter into cooperative agree15 ments funded with philanthropic entities, other Federal 16 agencies, or State or local governments and their agencies 17 for research projects: Provided further, That with respect 18 to the previous proviso, such partners to the cooperative 19 agreements must contribute at least a 50 percent match 20 toward the cost of the project: Provided further, That for 21 non-competitive agreements entered into in accordance 22 with the previous two provisos, the Secretary of Housing 23 and Urban Development shall comply with section 2(b) of 24 the Federal Funding Accountability and Transparency 25 Act of 2006 (Public Law 109–282, 31 U.S.C. note) in lieu December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1602 1 of compliance with section 102(a)(4)(C) with respect to 2 documentation of award decisions: Provided further, That 3 prior to obligation of technical assistance funding, the Sec4 retary shall submit a plan, for approval, to the House and 5 Senate Committees on Appropriations on how it will allo6 cate funding for this activity. 7 8 9 FAIR HOUSING AND EQUAL OPPORTUNITY FAIR HOUSING ACTIVITIES For contracts, grants, and other assistance, not oth- 10 erwise provided for, as authorized by title VIII of the Civil 11 Rights Act of 1968, as amended by the Fair Housing 12 Amendments Act of 1988, and section 561 of the Housing 13 and Community Development Act of 1987, as amended, 14 $65,300,000, to remain available until September 30, 15 2017: Provided, That notwithstanding 31 U.S.C. 3302, 16 the Secretary may assess and collect fees to cover the costs 17 of the Fair Housing Training Academy, and may use such 18 funds to provide such training: Provided further, That no 19 funds made available under this heading shall be used to 20 lobby the executive or legislative branches of the Federal 21 Government in connection with a specific contract, grant, 22 or loan: Provided further, That of the funds made available 23 under this heading, $300,000 shall be available to the Sec24 retary of Housing and Urban Development for the cre25 ation and promotion of translated materials and other pro- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1603 1 grams that support the assistance of persons with limited 2 English proficiency in utilizing the services provided by 3 the Department of Housing and Urban Development. 4 OFFICE OF LEAD HAZARD CONTROL AND 5 HOMES 6 LEAD HAZARD REDUCTION 7 HEALTHY For the Lead Hazard Reduction Program, as author- 8 ized by section 1011 of the Residential Lead-Based Paint 9 Hazard Reduction Act of 1992, $110,000,000, to remain 10 available until September 30, 2017, of which $20,000,000 11 shall be for the Healthy Homes Initiative, pursuant to sec12 tions 501 and 502 of the Housing and Urban Develop13 ment Act of 1970 that shall include research, studies, test14 ing, and demonstration efforts, including education and 15 outreach concerning lead-based paint poisoning and other 16 housing-related diseases and hazards: Provided, That for 17 purposes of environmental review, pursuant to the Na18 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 19 et seq.) and other provisions of the law that further the 20 purposes of such Act, a grant under the Healthy Homes 21 Initiative, or the Lead Technical Studies program under 22 this heading or under prior appropriations Acts for such 23 purposes under this heading, shall be considered to be 24 funds for a special project for purposes of section 305(c) 25 of the Multifamily Housing Property Disposition Reform December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1604 1 Act of 1994: Provided further, That of the total amount 2 made available under this heading, $45,000,000 shall be 3 made available on a competitive basis for areas with the 4 highest lead paint abatement needs: Provided further, 5 That each recipient of funds provided under the previous 6 proviso shall contribute an amount not less than 25 per7 cent of the total: Provided further, That each applicant 8 shall certify adequate capacity that is acceptable to the 9 Secretary to carry out the proposed use of funds pursuant 10 to a notice of funding availability: Provided further, That 11 amounts made available under this heading in this or prior 12 appropriations Acts, and that still remain available, may 13 be used for any purpose under this heading notwith14 standing the purpose for which such amounts were appro15 priated if a program competition is undersubscribed and 16 there are other program competitions under this heading 17 that are oversubscribed. 18 19 INFORMATION TECHNOLOGY FUND For the development of, modifications to, and infra- 20 structure for Department-wide and program-specific infor21 mation technology systems, for the continuing operation 22 and maintenance of both Department-wide and program23 specific information systems, and for program-related 24 maintenance activities, $250,000,000, shall remain avail25 able until September 30, 2017: Provided, That any December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1605 1 amounts transferred to this Fund under this Act shall re2 main available until expended: Provided further, That any 3 amounts transferred to this Fund from amounts appro4 priated by previously enacted appropriations Acts may be 5 used for the purposes specified under this Fund, in addi6 tion to any other information technology purposes for 7 which such amounts were appropriated. 8 9 OFFICE OF INSPECTOR GENERAL For necessary salaries and expenses of the Office of 10 Inspector General in carrying out the Inspector General 11 Act of 1978, as amended, $126,000,000: Provided, That 12 the Inspector General shall have independent authority 13 over all personnel issues within this office. 14 GENERAL PROVISIONS—DEPARTMENT OF HOUSING 15 URBAN DEVELOPMENT 16 (INCLUDING TRANSFER OF FUNDS) 17 (INCLUDING RESCISSIONS) 18 AND SEC. 201. Fifty percent of the amounts of budget au- 19 thority, or in lieu thereof 50 percent of the cash amounts 20 associated with such budget authority, that are recaptured 21 from projects described in section 1012(a) of the Stewart 22 B. McKinney Homeless Assistance Amendments Act of 23 1988 (42 U.S.C. 1437 note) shall be rescinded or in the 24 case of cash, shall be remitted to the Treasury, and such 25 amounts of budget authority or cash recaptured and not December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1606 1 rescinded or remitted to the Treasury shall be used by 2 State housing finance agencies or local governments or 3 local housing agencies with projects approved by the Sec4 retary of Housing and Urban Development for which set5 tlement occurred after January 1, 1992, in accordance 6 with such section. Notwithstanding the previous sentence, 7 the Secretary may award up to 15 percent of the budget 8 authority or cash recaptured and not rescinded or remitted 9 to the Treasury to provide project owners with incentives 10 to refinance their project at a lower interest rate. 11 SEC. 202. None of the amounts made available under 12 this Act may be used during fiscal year 2016 to investigate 13 or prosecute under the Fair Housing Act any otherwise 14 lawful activity engaged in by one or more persons, includ15 ing the filing or maintaining of a nonfrivolous legal action, 16 that is engaged in solely for the purpose of achieving or 17 preventing action by a Government official or entity, or 18 a court of competent jurisdiction. 19 SEC. 203. Sections 203 and 209 of division C of Pub- 20 lic Law 112–55 (125 Stat. 693–694) shall apply during 21 fiscal year 2016 as if such sections were included in this 22 title, except that during such fiscal year such sections shall 23 be applied by substituting ‘‘fiscal year 2016’’ for ‘‘fiscal 24 year 2011’’ and for ‘‘fiscal year 2012’’ each place such 25 terms appear, and shall be amended to reflect revised de- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1607 1 lineations of statistical areas established by the Office of 2 Management and Budget pursuant to 44 U.S.C. 3 3504(e)(3), 31 U.S.C. 1104(d), and Executive Order No. 4 10253. 5 SEC. 204. Except as explicitly provided in law, any 6 grant, cooperative agreement or other assistance made 7 pursuant to title II of this Act shall be made on a competi8 tive basis and in accordance with section 102 of the De9 partment of Housing and Urban Development Reform Act 10 of 1989 (42 U.S.C. 3545). 11 SEC. 205. Funds of the Department of Housing and 12 Urban Development subject to the Government Corpora13 tion Control Act or section 402 of the Housing Act of 14 1950 shall be available, without regard to the limitations 15 on administrative expenses, for legal services on a contract 16 or fee basis, and for utilizing and making payment for 17 services and facilities of the Federal National Mortgage 18 Association, Government National Mortgage Association, 19 Federal Home Loan Mortgage Corporation, Federal Fi20 nancing Bank, Federal Reserve banks or any member 21 thereof, Federal Home Loan banks, and any insured bank 22 within the meaning of the Federal Deposit Insurance Cor23 poration Act, as amended (12 U.S.C. 1811–1). 24 SEC. 206. Unless otherwise provided for in this Act 25 or through a reprogramming of funds, no part of any ap- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1608 1 propriation for the Department of Housing and Urban 2 Development shall be available for any program, project 3 or activity in excess of amounts set forth in the budget 4 estimates submitted to Congress. 5 SEC. 207. Corporations and agencies of the Depart- 6 ment of Housing and Urban Development which are sub7 ject to the Government Corporation Control Act are here8 by authorized to make such expenditures, within the limits 9 of funds and borrowing authority available to each such 10 corporation or agency and in accordance with law, and to 11 make such contracts and commitments without regard to 12 fiscal year limitations as provided by section 104 of such 13 Act as may be necessary in carrying out the programs set 14 forth in the budget for 2016 for such corporation or agen15 cy except as hereinafter provided: Provided, That collec16 tions of these corporations and agencies may be used for 17 new loan or mortgage purchase commitments only to the 18 extent expressly provided for in this Act (unless such loans 19 are in support of other forms of assistance provided for 20 in this or prior appropriations Acts), except that this pro21 viso shall not apply to the mortgage insurance or guaranty 22 operations of these corporations, or where loans or mort23 gage purchases are necessary to protect the financial in24 terest of the United States Government. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1609 1 SEC. 208. The Secretary of Housing and Urban De- 2 velopment shall provide quarterly reports to the House 3 and Senate Committees on Appropriations regarding all 4 uncommitted, unobligated, recaptured and excess funds in 5 each program and activity within the jurisdiction of the 6 Department and shall submit additional, updated budget 7 information to these Committees upon request. 8 SEC. 209. The President’s formal budget request for 9 fiscal year 2017, as well as the Department of Housing 10 and Urban Development’s congressional budget justifica11 tions to be submitted to the Committees on Appropriations 12 of the House of Representatives and the Senate, shall use 13 the identical account and sub-account structure provided 14 under this Act. 15 SEC. 210. A public housing agency or such other enti- 16 ty that administers Federal housing assistance for the 17 Housing Authority of the county of Los Angeles, Cali18 fornia, and the States of Alaska, Iowa, and Mississippi 19 shall not be required to include a resident of public hous20 ing or a recipient of assistance provided under section 8 21 of the United States Housing Act of 1937 on the board 22 of directors or a similar governing board of such agency 23 or entity as required under section (2)(b) of such Act. 24 Each public housing agency or other entity that admin25 isters Federal housing assistance under section 8 for the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1610 1 Housing Authority of the county of Los Angeles, Cali2 fornia and the States of Alaska, Iowa and Mississippi that 3 chooses not to include a resident of public housing or a 4 recipient of section 8 assistance on the board of directors 5 or a similar governing board shall establish an advisory 6 board of not less than six residents of public housing or 7 recipients of section 8 assistance to provide advice and 8 comment to the public housing agency or other admin9 istering entity on issues related to public housing and sec10 tion 8. Such advisory board shall meet not less than quar11 terly. 12 SEC. 211. No funds provided under this title may be 13 used for an audit of the Government National Mortgage 14 Association that makes applicable requirements under the 15 Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 16 SEC. 212. (a) Notwithstanding any other provision 17 of law, subject to the conditions listed under this section, 18 for fiscal years 2016 and 2017, the Secretary of Housing 19 and Urban Development may authorize the transfer of 20 some or all project-based assistance, debt held or insured 21 by the Secretary and statutorily required low-income and 22 very low-income use restrictions if any, associated with one 23 or more multifamily housing project or projects to another 24 multifamily housing project or projects. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1611 1 (b) PHASED TRANSFERS.—Transfers of project- 2 based assistance under this section may be done in phases 3 to accommodate the financing and other requirements re4 lated to rehabilitating or constructing the project or 5 projects to which the assistance is transferred, to ensure 6 that such project or projects meet the standards under 7 subsection (c). 8 (c) The transfer authorized in subsection (a) is sub- 9 ject to the following conditions: 10 (1) NUMBER AND BEDROOM SIZE OF UNITS.— 11 (A) For occupied units in the transferring 12 project: The number of low-income and very 13 low-income units and the configuration (i.e., 14 bedroom size) provided by the transferring 15 project shall be no less than when transferred 16 to the receiving project or projects and the net 17 dollar amount of Federal assistance provided to 18 the transferring project shall remain the same 19 in the receiving project or projects. 20 (B) For unoccupied units in the transfer- 21 ring project: The Secretary may authorize a re- 22 duction in the number of dwelling units in the 23 receiving project or projects to allow for a re- 24 configuration of bedroom sizes to meet current 25 market demands, as determined by the Sec- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1612 1 retary and provided there is no increase in the 2 project-based assistance budget authority. 3 (2) The transferring project shall, as deter- 4 mined by the Secretary, be either physically obsolete 5 or economically nonviable. 6 (3) The receiving project or projects shall meet 7 or exceed applicable physical standards established 8 by the Secretary. 9 (4) The owner or mortgagor of the transferring 10 project shall notify and consult with the tenants re- 11 siding in the transferring project and provide a cer- 12 tification of approval by all appropriate local govern- 13 mental officials. 14 (5) The tenants of the transferring project who 15 remain eligible for assistance to be provided by the 16 receiving project or projects shall not be required to 17 vacate their units in the transferring project or 18 projects until new units in the receiving project are 19 available for occupancy. 20 21 (6) The Secretary determines that this transfer is in the best interest of the tenants. 22 (7) If either the transferring project or the re- 23 ceiving project or projects meets the condition speci- 24 fied in subsection (d)(2)(A), any lien on the receiv- 25 ing project resulting from additional financing ob- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1613 1 tained by the owner shall be subordinate to any 2 FHA-insured mortgage lien transferred to, or placed 3 on, such project by the Secretary, except that the 4 Secretary may waive this requirement upon deter- 5 mination that such a waiver is necessary to facilitate 6 the financing of acquisition, construction, and/or re- 7 habilitation of the receiving project or projects. 8 (8) If the transferring project meets the re- 9 quirements of subsection (d)(2), the owner or mort- 10 gagor of the receiving project or projects shall exe- 11 cute and record either a continuation of the existing 12 use agreement or a new use agreement for the 13 project where, in either case, any use restrictions in 14 such agreement are of no lesser duration than the 15 existing use restrictions. 16 (9) The transfer does not increase the cost (as 17 defined in section 502 of the Congressional Budget 18 Act of 1974, as amended) of any FHA-insured 19 mortgage, except to the extent that appropriations 20 are provided in advance for the amount of any such 21 increased cost. 22 (d) For purposes of this section— 23 (1) the terms ‘‘low-income’’ and ‘‘very low-in- 24 come’’ shall have the meanings provided by the stat- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1614 1 ute and/or regulations governing the program under 2 which the project is insured or assisted; 3 (2) the term ‘‘multifamily housing project’’ 4 means housing that meets one of the following con- 5 ditions— 6 7 (A) housing that is subject to a mortgage insured under the National Housing Act; 8 9 (B) housing that has project-based assistance attached to the structure including 10 projects undergoing mark to market debt re- 11 structuring under the Multifamily Assisted 12 Housing Reform and Affordability Housing Act; 13 (C) housing that is assisted under section 14 202 of the Housing Act of 1959, as amended 15 by section 801 of the Cranston-Gonzales Na- 16 tional Affordable Housing Act; 17 (D) housing that is assisted under section 18 202 of the Housing Act of 1959, as such sec- 19 tion existed before the enactment of the Cran- 20 ston-Gonzales National Affordable Housing Act; 21 (E) housing that is assisted under section 22 811 of the Cranston-Gonzales National Afford- 23 able Housing Act; or 24 25 December 16, 2015 (1:04 a.m.) (F) housing or vacant land that is subject to a use agreement; U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1615 1 2 3 4 (3) the term ‘‘project-based assistance’’ means— (A) assistance provided under section 8(b) of the United States Housing Act of 1937; 5 (B) assistance for housing constructed or 6 substantially rehabilitated pursuant to assist- 7 ance provided under section 8(b)(2) of such Act 8 (as such section existed immediately before Oc- 9 tober 1, 1983); 10 (C) rent supplement payments under sec- 11 tion 101 of the Housing and Urban Develop- 12 ment Act of 1965; 13 (D) interest reduction payments under sec- 14 tion 236 and/or additional assistance payments 15 under section 236(f)(2) of the National Hous- 16 ing Act; 17 (E) assistance payments made under sec- 18 tion 202(c)(2) of the Housing Act of 1959; and 19 (F) assistance payments made under sec- 20 tion 811(d)(2) of the Cranston-Gonzalez Na- 21 tional Affordable Housing Act; 22 (4) the term ‘‘receiving project or projects’’ 23 means the multifamily housing project or projects to 24 which some or all of the project-based assistance, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1616 1 debt, and statutorily required low-income and very 2 low-income use restrictions are to be transferred; 3 (5) the term ‘‘transferring project’’ means the 4 multifamily housing project which is transferring 5 some or all of the project-based assistance, debt, and 6 the statutorily required low-income and very low-in- 7 come use restrictions to the receiving project or 8 projects; and 9 (6) the term ‘‘Secretary’’ means the Secretary 10 of Housing and Urban Development. 11 (e) PUBLIC NOTICE AND RESEARCH REPORT.— 12 (1) The Secretary shall publish by notice in the 13 Federal Register the terms and conditions, including 14 criteria for HUD approval, of transfers pursuant to 15 this section no later than 30 days before the effec- 16 tive date of such notice. 17 (2) The Secretary shall conduct an evaluation 18 of the transfer authority under this section, includ- 19 ing the effect of such transfers on the operational ef- 20 ficiency, contract rents, physical and financial condi- 21 tions, and long-term preservation of the affected 22 properties. 23 SEC. 213. (a) No assistance shall be provided under 24 section 8 of the United States Housing Act of 1937 (42 25 U.S.C. 1437f) to any individual who— December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1617 1 (1) is enrolled as a student at an institution of 2 higher education (as defined under section 102 of 3 the Higher Education Act of 1965 (20 U.S.C. 4 1002)); 5 (2) is under 24 years of age; 6 (3) is not a veteran; 7 (4) is unmarried; 8 (5) does not have a dependent child; 9 (6) is not a person with disabilities, as such 10 term is defined in section 3(b)(3)(E) of the United 11 States 12 1437a(b)(3)(E)) and was not receiving assistance 13 under such section 8 as of November 30, 2005; and 14 (7) is not otherwise individually eligible, or has 15 parents who, individually or jointly, are not eligible, 16 to receive assistance under section 8 of the United 17 States Housing Act of 1937 (42 U.S.C. 1437f). 18 (b) For purposes of determining the eligibility of a Housing Act of 1937 (42 U.S.C. 19 person to receive assistance under section 8 of the United 20 States Housing Act of 1937 (42 U.S.C. 1437f), any finan21 cial assistance (in excess of amounts received for tuition 22 and any other required fees and charges) that an indi23 vidual receives under the Higher Education Act of 1965 24 (20 U.S.C. 1001 et seq.), from private sources, or an insti25 tution of higher education (as defined under the Higher December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1618 1 Education Act of 1965 (20 U.S.C. 1002)), shall be consid2 ered income to that individual, except for a person over 3 the age of 23 with dependent children. 4 SEC. 214. The funds made available for Native Alas- 5 kans under the heading ‘‘Native American Housing Block 6 Grants’’ in title II of this Act shall be allocated to the 7 same Native Alaskan housing block grant recipients that 8 received funds in fiscal year 2005. 9 SEC. 215. Notwithstanding the limitation in the first 10 sentence of section 255(g) of the National Housing Act 11 (12 U.S.C. 1715z–20(g)), the Secretary of Housing and 12 Urban Development may, until September 30, 2016, in13 sure and enter into commitments to insure mortgages 14 under such section 255. 15 SEC. 216. Notwithstanding any other provision of 16 law, in fiscal year 2016, in managing and disposing of any 17 multifamily property that is owned or has a mortgage held 18 by the Secretary of Housing and Urban Development, and 19 during the process of foreclosure on any property with a 20 contract for rental assistance payments under section 8 21 of the United States Housing Act of 1937 or other Fed22 eral programs, the Secretary shall maintain any rental as23 sistance payments under section 8 of the United States 24 Housing Act of 1937 and other programs that are at25 tached to any dwelling units in the property. To the extent December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1619 1 the Secretary determines, in consultation with the tenants 2 and the local government, that such a multifamily prop3 erty owned or held by the Secretary is not feasible for con4 tinued rental assistance payments under such section 8 5 or other programs, based on consideration of (1) the costs 6 of rehabilitating and operating the property and all avail7 able Federal, State, and local resources, including rent ad8 justments under section 524 of the Multifamily Assisted 9 Housing Reform and Affordability Act of 1997 10 (‘‘MAHRAA’’) and (2) environmental conditions that can11 not be remedied in a cost-effective fashion, the Secretary 12 may, in consultation with the tenants of that property, 13 contract for project-based rental assistance payments with 14 an owner or owners of other existing housing properties, 15 or provide other rental assistance. The Secretary shall also 16 take appropriate steps to ensure that project-based con17 tracts remain in effect prior to foreclosure, subject to the 18 exercise of contractual abatement remedies to assist relo19 cation of tenants for imminent major threats to health and 20 safety after written notice to and informed consent of the 21 affected tenants and use of other available remedies, such 22 as partial abatements or receivership. After disposition of 23 any multifamily property described under this section, the 24 contract and allowable rent levels on such properties shall December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1620 1 be subject to the requirements under section 524 of 2 MAHRAA. 3 SEC. 217. The commitment authority funded by fees 4 as provided under the heading ‘‘Community Development 5 Loan Guarantees Program Account’’ may be used to guar6 antee, or make commitments to guarantee, notes, or other 7 obligations issued by any State on behalf of non-entitle8 ment communities in the State in accordance with the re9 quirements of section 108 of the Housing and Community 10 Development Act of 1974: Provided, That any State re11 ceiving such a guarantee or commitment shall distribute 12 all funds subject to such guarantee to the units of general 13 local government in non-entitlement areas that received 14 the commitment. 15 SEC. 218. Public housing agencies that own and oper- 16 ate 400 or fewer public housing units may elect to be ex17 empt from any asset management requirement imposed by 18 the Secretary of Housing and Urban Development in con19 nection with the operating fund rule: Provided, That an 20 agency seeking a discontinuance of a reduction of subsidy 21 under the operating fund formula shall not be exempt 22 from asset management requirements. 23 SEC. 219. With respect to the use of amounts pro- 24 vided in this Act and in future Acts for the operation, cap25 ital improvement and management of public housing as December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1621 1 authorized by sections 9(d) and 9(e) of the United States 2 Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the 3 Secretary shall not impose any requirement or guideline 4 relating to asset management that restricts or limits in 5 any way the use of capital funds for central office costs 6 pursuant to section 9(g)(1) or 9(g)(2) of the United States 7 Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): Pro8 vided, That a public housing agency may not use capital 9 funds authorized under section 9(d) for activities that are 10 eligible under section 9(e) for assistance with amounts 11 from the operating fund in excess of the amounts per12 mitted under section 9(g)(1) or 9(g)(2). 13 SEC. 220. No official or employee of the Department 14 of Housing and Urban Development shall be designated 15 as an allotment holder unless the Office of the Chief Fi16 nancial Officer has determined that such allotment holder 17 has implemented an adequate system of funds control and 18 has received training in funds control procedures and di19 rectives. The Chief Financial Officer shall ensure that 20 there is a trained allotment holder for each HUD sub21 office under the accounts ‘‘Executive Offices’’ and ‘‘Ad22 ministrative Support Offices,’’ as well as each account re23 ceiving appropriations for ‘‘Program Office Salaries and 24 Expenses’’, ‘‘Government National Mortgage Associa25 tion—Guarantees of Mortgage-Backed Securities Loan December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1622 1 Guarantee Program Account’’, and ‘‘Office of Inspector 2 General’’ within the Department of Housing and Urban 3 Development. 4 SEC. 221. The Secretary of the Department of Hous- 5 ing and Urban Development shall, for fiscal year 2016, 6 notify the public through the Federal Register and other 7 means, as determined appropriate, of the issuance of a no8 tice of the availability of assistance or notice of funding 9 availability (NOFA) for any program or discretionary 10 fund administered by the Secretary that is to be competi11 tively awarded. Notwithstanding any other provision of 12 law, for fiscal year 2016, the Secretary may make the 13 NOFA available only on the Internet at the appropriate 14 Government web site or through other electronic media, 15 as determined by the Secretary. 16 SEC. 222. Payment of attorney fees in program-re- 17 lated litigation shall be paid from the individual program 18 office and Office of General Counsel salaries and expenses 19 appropriations. The annual budget submission for the pro20 gram offices and the Office of General Counsel shall in21 clude any such projected litigation costs for attorney fees 22 as a separate line item request. No funds provided in this 23 title may be used to pay any such litigation costs for attor24 ney fees until the Department submits for review a spend- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1623 1 ing plan for such costs to the House and Senate Commit2 tees on Appropriations. 3 SEC. 223. The Secretary is authorized to transfer up 4 to 10 percent or $4,000,000, whichever is less, of funds 5 appropriated for any office under the heading ‘‘Adminis6 trative Support Offices’’ or for any account under the gen7 eral heading ‘‘Program Office Salaries and Expenses’’ to 8 any other such office or account: Provided, That no appro9 priation for any such office or account shall be increased 10 or decreased by more than 10 percent or $4,000,000, 11 whichever is less, without prior written approval of the 12 House and Senate Committees on Appropriations: Pro13 vided further, That the Secretary shall provide notification 14 to such Committees three business days in advance of any 15 such transfers under this section up to 10 percent or 16 $4,000,000, whichever is less. 17 SEC. 224. The Disaster Housing Assistance Pro- 18 grams, administered by the Department of Housing and 19 Urban Development, shall be considered a ‘‘program of 20 the Department of Housing and Urban Development’’ 21 under section 904 of the McKinney Act for the purpose 22 of income verifications and matching. 23 SEC. 225. (a) The Secretary of Housing and Urban 24 Development shall take the required actions under sub25 section (b) when a multifamily housing project with a sec- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1624 1 tion 8 contract or contract for similar project-based assist2 ance: 3 4 (1) receives a Real Estate Assessment Center (REAC) score of 30 or less; or 5 6 (2) receives a REAC score between 31 and 59 and: 7 (A) fails to certify in writing to HUD with- 8 in 60 days that all deficiencies have been cor- 9 rected; or 10 11 (B) receives consecutive scores of less than 60 on REAC inspections. 12 Such requirements shall apply to insured and noninsured 13 projects with assistance attached to the units under sec14 tion 8 of the United States Housing Act of 1937 (42 15 U.S.C. 1437f), but do not apply to such units assisted 16 under section 8(o)(13) (42 U.S.C. 1437f(o)(13)) or to 17 public housing units assisted with capital or operating 18 funds under section 9 of the United States Housing Act 19 of 1937 (42 U.S.C. 1437g). 20 (b) The Secretary shall take the following required 21 actions as authorized under subsection (a): 22 (1) The Secretary shall notify the owner and 23 provide an opportunity for response within 30 days. 24 If the violations remain, the Secretary shall develop 25 a Compliance, Disposition and Enforcement Plan December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1625 1 within 60 days, with a specified timetable for cor- 2 recting all deficiencies. The Secretary shall provide 3 notice of the Plan to the owner, tenants, the local 4 government, any mortgagees, and any contract ad- 5 ministrator. 6 (2) At the end of the term of the Compliance, 7 Disposition and Enforcement Plan, if the owner fails 8 to fully comply with such plan, the Secretary may 9 require immediate replacement of project manage- 10 ment with a management agent approved by the 11 Secretary, and shall take one or more of the fol- 12 lowing actions, and provide additional notice of those 13 actions to the owner and the parties specified above: 14 (A) impose civil money penalties; 15 (B) abate the section 8 contract, including 16 partial abatement, as determined by the Sec- 17 retary, until all deficiencies have been corrected; 18 (C) pursue transfer of the project to an 19 owner, approved by the Secretary under estab- 20 lished procedures, which will be obligated to 21 promptly make all required repairs and to ac- 22 cept renewal of the assistance contract as long 23 as such renewal is offered; or 24 (D) seek judicial appointment of a receiver 25 to manage the property and cure all project de- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1626 1 ficiencies or seek a judicial order of specific per- 2 formance requiring the owner to cure all project 3 deficiencies. 4 (c) The Secretary shall also take appropriate steps 5 to ensure that project-based contracts remain in effect, 6 subject to the exercise of contractual abatement remedies 7 to assist relocation of tenants for imminent major threats 8 to health and safety after written notice to and informed 9 consent of the affected tenants and use of other remedies 10 set forth above. To the extent the Secretary determines, 11 in consultation with the tenants and the local government, 12 that the property is not feasible for continued rental as13 sistance payments under such section 8 or other programs, 14 based on consideration of (1) the costs of rehabilitating 15 and operating the property and all available Federal, 16 State, and local resources, including rent adjustments 17 under section 524 of the Multifamily Assisted Housing 18 Reform and Affordability Act of 1997 (‘‘MAHRAA’’) and 19 (2) environmental conditions that cannot be remedied in 20 a cost-effective fashion, the Secretary may, in consultation 21 with the tenants of that property, contract for project22 based rental assistance payments with an owner or owners 23 of other existing housing properties, or provide other rent24 al assistance. The Secretary shall report semi-annually on 25 all properties covered by this section that are assessed December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1627 1 through the Real Estate Assessment Center and have 2 physical inspection scores of less than 30 or have consecu3 tive physical inspection scores of less than 60. The report 4 shall include: 5 (1) The enforcement actions being taken to ad- 6 dress such conditions, including imposition of civil 7 money penalties and termination of subsidies, and 8 identify properties that have such conditions mul- 9 tiple times; and 10 (2) Actions that the Department of Housing 11 and Urban Development is taking to protect tenants 12 of such identified properties. 13 SEC. 226. None of the funds made available by this 14 Act, or any other Act, for purposes authorized under sec15 tion 8 (only with respect to the tenant-based rental assist16 ance program) and section 9 of the United States Housing 17 Act of 1937 (42 U.S.C. 1437 et seq.), may be used by 18 any public housing agency for any amount of salary, in19 cluding bonuses, for the chief executive officer of which, 20 or any other official or employee of which, that exceeds 21 the annual rate of basic pay payable for a position at level 22 IV of the Executive Schedule at any time during any pub23 lic housing agency fiscal year 2016. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1628 1 SEC. 227. None of the funds in this Act may be avail- 2 able for the doctoral dissertation research grant program 3 at the Department of Housing and Urban Development. 4 SEC. 228. Section 24 of the United States Housing 5 Act of 1937 (42 U.S.C. 1437v) is amended— 6 (1) in subsection (m)(1), by striking ‘‘fiscal 7 year’’ and all that follows through the period at the 8 end and inserting ‘‘fiscal year 2016.’’; and 9 (2) in subsection (o), by striking ‘‘September’’ 10 and all that follows through the period at the end 11 and inserting ‘‘September 30, 2016.’’. 12 SEC. 229. None of the funds in this Act provided to 13 the Department of Housing and Urban Development may 14 be used to make a grant award unless the Secretary noti15 fies the House and Senate Committees on Appropriations 16 not less than 3 full business days before any project, 17 State, locality, housing authority, tribe, nonprofit organi18 zation, or other entity selected to receive a grant award 19 is announced by the Department or its offices. 20 SEC. 230. None of the funds made available by this 21 Act may be used to require or enforce the Physical Needs 22 Assessment (PNA). 23 SEC. 231. None of the funds made available by this 24 Act nor any receipts or amounts collected under any Fed25 eral Housing Administration program may be used to im- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1629 1 plement the Homeowners Armed with Knowledge 2 (HAWK) program. 3 SEC. 232. None of the funds made available in this 4 Act shall be used by the Federal Housing Administration, 5 the Government National Mortgage Administration, or the 6 Department of Housing and Urban Development to in7 sure, securitize, or establish a Federal guarantee of any 8 mortgage or mortgage backed security that refinances or 9 otherwise replaces a mortgage that has been subject to 10 eminent domain condemnation or seizure, by a State, mu11 nicipality, or any other political subdivision of a State. 12 SEC. 233. None of the funds made available by this 13 Act may be used to terminate the status of a unit of gen14 eral local government as a metropolitan city (as defined 15 in section 102 of the Housing and Community Develop16 ment Act of 1974 (42 U.S.C. 5302)) with respect to 17 grants under section 106 of such Act (42 U.S.C. 5306). 18 SEC. 234. Amounts made available under this Act 19 which are either appropriated, allocated, advanced on a 20 reimbursable basis, or transferred to the Office of Policy 21 Development and Research in the Department of Housing 22 and Urban Development and functions thereof, for re23 search, evaluation, or statistical purposes, and which are 24 unexpended at the time of completion of a contract, grant, 25 or cooperative agreement, may be deobligated and shall December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1630 1 immediately become available and may be reobligated in 2 that fiscal year or the subsequent fiscal year for the re3 search, evaluation, or statistical purposes for which the 4 amounts are made available to that Office subject to re5 programming requirements in section 405 of this Act. 6 SEC. 235. Subsection (b) of section 225 of the Cran- 7 ston-Gonzalez National Affordable Housing Act (42 8 U.S.C. 12755) is amended by adding at the end the fol9 lowing new sentence: ‘‘Such 30-day waiting period is not 10 required if the grounds for the termination or refusal to 11 renew involve a direct threat to the safety of the tenants 12 or employees of the housing, or an imminent and serious 13 threat to the property (and the termination or refusal to 14 renew is in accordance with the requirements of State or 15 local law).’’. 16 SEC. 236. None of the funds under this title may be 17 used for awards, including performance, special act, or 18 spot, for any employee of the Department of Housing and 19 Urban Development who is subject to administrative dis20 cipline in fiscal year 2016, including suspension from 21 work. 22 SEC. 237. The language under the heading ‘‘Rental 23 Assistance Demonstration’’ in the Department of Housing 24 and Urban Development Appropriations Act, 2012 (Public 25 Law 112–55) is amended: December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1631 1 (1) In proviso eighteen, by inserting ‘‘for fiscal 2 year 2012 and hereafter,’’ after ‘‘Provided further, 3 That’’; and 4 (2) In proviso nineteen, by striking ‘‘, which 5 may extend beyond fiscal year 2016 as necessary to 6 allow processing of all timely applications,’’. 7 SEC. 238. Section 526 (12 U.S.C. 1735f–4) of the 8 National Housing Act is amended by inserting at the end 9 of subsection (b): 10 ‘‘(c) The Secretary may establish an exception to any 11 minimum property standard established under this section 12 in order to address alternative water systems, including 13 cisterns, which meet requirements of State and local build14 ing codes that ensure health and safety standards.’’. 15 SEC. 239. The Secretary of Housing and Urban De- 16 velopment shall increase, pursuant to this section, the 17 number of Moving to Work agencies authorized under sec18 tion 204, title II, of the Departments of Veterans Affairs 19 and Housing and Urban Development and Independent 20 Agencies Appropriations Act, 1996 (Public Law 104–134; 21 110 Stat. 1321) by adding to the program 100 public 22 housing agencies that are designated as high performing 23 agencies under the Public Housing Assessment System 24 (PHAS) or the Section Eight Management Assessment 25 Program (SEMAP). No public housing agency shall be December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1632 1 granted this designation through this section that admin2 isters in excess of 27,000 aggregate housing vouchers and 3 public housing units. Of the agencies selected under this 4 section, no less than 50 shall administer 1,000 or fewer 5 aggregate housing voucher and public housing units, no 6 less than 47 shall administer 1,001-6,000 aggregate hous7 ing voucher and public housing units, and no more than 8 3 shall administer 6,001–27,000 aggregate housing vouch9 er and public housing units. Of the 100 agencies selected 10 under this section, five shall be agencies with portfolio 11 awards under the Rental Assistance Demonstration that 12 meet the other requirements of this section, including cur13 rent designations as high performing agencies or such des14 ignations held immediately prior to such portfolio awards. 15 Selection of agencies under this section shall be based on 16 ensuring the geographic diversity of Moving to Work agen17 cies. In addition to the preceding selection criteria, agen18 cies shall be designated by the Secretary over a 7-year pe19 riod. The Secretary shall establish a research advisory 20 committee which shall advise the Secretary with respect 21 to specific policy proposals and methods of research and 22 evaluation for the demonstration. The advisory committee 23 shall include program and research experts from the De24 partment, a fair representation of agencies with a Moving 25 to Work designation, and independent subject matter ex- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1633 1 perts in housing policy research. For each cohort of agen2 cies receiving a designation under this heading, the Sec3 retary shall direct one specific policy change to be imple4 mented by the agencies, and with the approval of the Sec5 retary, such agencies may implement additional policy 6 changes. All agencies designated under this section shall 7 be evaluated through rigorous research as determined by 8 the Secretary, and shall provide information requested by 9 the Secretary to support such oversight and evaluation, 10 including the targeted policy changes. Research and eval11 uation shall be coordinated under the direction of the Sec12 retary, and in consultation with the advisory committee, 13 and findings shall be shared broadly. The Secretary shall 14 consult the advisory committee with respect to policy 15 changes that have proven successful and can be applied 16 more broadly to all public housing agencies, and propose 17 any necessary statutory changes. The Secretary may, at 18 the request of a Moving to Work agency and one or more 19 adjacent public housing agencies in the same area, des20 ignate that Moving to Work agency as a regional agency. 21 A regional Moving to Work agency may administer the 22 assistance under sections 8 and 9 of the United States 23 Housing Act of 1937 (42 U.S.C. 1437f and g) for the 24 participating agencies within its region pursuant to the 25 terms of its Moving to Work agreement with the Sec- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1634 1 retary. The Secretary may agree to extend the term of 2 the agreement and to make any necessary changes to ac3 commodate regionalization. A Moving to Work agency may 4 be selected as a regional agency if the Secretary deter5 mines that unified administration of assistance under sec6 tions 8 and 9 by that agency across multiple jurisdictions 7 will lead to efficiencies and to greater housing choice for 8 low-income persons in the region. For purposes of this ex9 pansion, in addition to the provisions of the Act retained 10 in section 204, section 8(r)(1) of the Act shall continue 11 to apply unless the Secretary determines that waiver of 12 this section is necessary to implement comprehensive rent 13 reform and occupancy policies subject to evaluation by the 14 Secretary, and the waiver contains, at a minimum, excep15 tions for requests to port due to employment, education, 16 health and safety. No public housing agency granted this 17 designation through this section shall receive more fund18 ing under sections 8 or 9 of the United States Housing 19 Act of 1937 than it otherwise would have received absent 20 this designation. The Secretary shall extend the current 21 Moving to Work agreements of previously designated par22 ticipating agencies until the end of each such agency’s fis23 cal year 2028 under the same terms and conditions of 24 such current agreements, except for any changes to such 25 terms or conditions otherwise mutually agreed upon by the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1635 1 Secretary and any such agency and such extension agree2 ments shall prohibit any statutory offset of any reserve 3 balances equal to 4 months of operating expenses. Any 4 such reserve balances that exceed such amount shall re5 main available to any such agency for all permissible pur6 poses under such agreement unless subject to a statutory 7 offset. In addition to other reporting requirements, all 8 Moving to Work agencies shall report financial data to the 9 Department of Housing and Urban Development as speci10 fied by the Secretary, so that the effect of Moving to Work 11 policy changes can be measured. 12 SEC. 240. (a) AUTHORITY.—Subject to the conditions 13 in subsection (d), the Secretary of Housing and Urban De14 velopment may authorize, in response to requests received 15 in fiscal years 2016 through 2020, the transfer of some 16 or all project-based assistance, tenant-based assistance, 17 capital advances, debt, and statutorily required use re18 strictions from housing assisted under section 811 of the 19 Cranston-Gonzalez National Affordable Housing Act (42 20 U.S.C. 8013) to other new or existing housing, which may 21 include projects, units, and other types of housing, as per22 mitted by the Secretary. 23 (b) CAPITAL ADVANCES.—Interest shall not be due 24 and repayment of a capital advance shall not be triggered 25 by a transfer pursuant to this section. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1636 1 (c) PHASED AND PROPORTIONAL TRANSFERS.— 2 (1) Transfers under this section may be done in 3 phases to accommodate the financing and other re- 4 quirements related to rehabilitating or constructing 5 the housing to which the assistance is transferred, to 6 ensure that such housing meets the conditions under 7 subsection (d). 8 (2) The capital advance repayment require- 9 ments, use restrictions, rental assistance, and debt 10 shall transfer proportionally from the transferring 11 housing to the receiving housing. 12 (d) CONDITIONS.—The transfers authorized by this 13 section shall be subject to the following conditions: 14 (1) the owner of the transferring housing shall 15 demonstrate that the transfer is in compliance with 16 applicable Federal, State, and local requirements re- 17 garding Housing for Persons with Disabilities and 18 shall provide the Secretary with evidence of obtain- 19 ing any approvals related to housing disabled per- 20 sons that are necessary under Federal, State, and 21 local government requirements; 22 (2) the owner of the transferring housing shall 23 demonstrate to the Secretary that any transfer is in 24 the best interest of the disabled residents by offering December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1637 1 opportunities for increased integration or less con- 2 centration of individuals with disabilities; 3 (3) the owner of the transferring housing shall 4 continue to provide the same number of units as ap- 5 proved for rental assistance by the Secretary in the 6 receiving housing; 7 (4) the owner of the transferring housing shall 8 consult with the disabled residents in the transfer- 9 ring housing about any proposed transfer under this 10 section and shall notify the residents of the transfer- 11 ring housing who are eligible for assistance to be 12 provided in the receiving housing that they shall not 13 be required to vacate the transferring housing until 14 the receiving housing is available for occupancy; 15 (5) the receiving housing shall meet or exceed 16 applicable physical standards established or adopted 17 by the Secretary; and 18 (6) if the receiving housing has a mortgage in- 19 sured under title II of the National Housing Act, 20 any lien on the receiving housing resulting from ad- 21 ditional financing shall be subordinate to any feder- 22 ally insured mortgage lien transferred to, or placed 23 on, such housing, except that the Secretary may 24 waive this requirement upon determination that such 25 a waiver is necessary to facilitate the financing of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1638 1 acquisition, construction, or rehabilitation of the re- 2 ceiving housing. 3 (e) PUBLIC NOTICE.—The Secretary shall publish a 4 notice in the Federal Register of the terms and conditions, 5 including criteria for the Department’s approval of trans6 fers pursuant to this section no later than 30 days before 7 the effective date of such notice. 8 SEC. 241. (a) Of the unobligated balances, including 9 recaptures and carryover, remaining from funds appro10 priated to the Department of Housing and Urban Devel11 opment under the heading ‘‘General and Special Risk Pro12 gram Account’’, and for the cost of guaranteed notes and 13 other obligations under the heading ‘‘Native American 14 Housing Block Grants’’, $12,000,000 is hereby perma15 nently rescinded. 16 (b) All unobligated balances, including recaptures 17 and carryover, remaining from funds appropriated to the 18 Department of Housing and Urban Development under 19 the headings ‘‘Rural Housing and Economic Develop20 ment’’, and ‘‘Homeownership and Opportunity for People 21 Everywhere Grants’’ are hereby permanently rescinded. 22 SEC. 242. Funds made available in this title under 23 the heading ‘‘Homeless Assistance Grants’’ may be used 24 by the Secretary to participate in Performance Partner25 ship Pilots authorized in an appropriations Act for fiscal December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1639 1 year 2016 as initially authorized under section 526 of divi2 sion H of Public Law 113–76 and extended under section 3 524 of division G of Public Law 113–235: Provided, That 4 such participation shall be limited to no more than 10 con5 tinuums of care and housing activities to improve out6 comes for disconnected youth. 7 SEC. 243. With respect to grant amounts awarded 8 under the heading ‘‘Homeless Assistance Grants’’ for fis9 cal years 2015 and 2016 for the Continuum of Care (CoC) 10 program as authorized under subtitle C of title IV of the 11 McKinney-Vento Homeless Assistance Act, costs paid by 12 program income of grant recipients may count toward 13 meeting the recipient’s matching requirements, provided 14 the costs are eligible CoC costs that supplement the recipi15 ents CoC program. 16 SEC. 244. With respect to funds appropriated under 17 the ‘‘Community Development Fund’’ heading for formula 18 allocation to states pursuant to 42 U.S.C. 5306(d), the 19 Secretary shall permit a jurisdiction to demonstrate com20 pliance with 42 U.S.C. 5305(c)(2)(A) if it had been des21 ignated as majority low- and moderate-income pursuant 22 to data from the 2000 decennial Census and it continues 23 to have economic distress as evidenced by inclusion in a 24 designated Rural Promise Zone or Distressed County as 25 defined by the Appalachian Regional Commission. This December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1640 1 section shall apply to any such state funds appropriated 2 under such heading under this Act, in each fiscal year 3 from 2017 through 2020, and under prior appropriation 4 Acts (with respect to any such allocated but uncommitted 5 funds available to any such state). 6 This title may be cited as the ‘‘Department of Hous- 7 ing and Urban Development Appropriations Act, 2016’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1641 1 TITLE III 2 RELATED AGENCIES 3 ACCESS BOARD 4 SALARIES AND EXPENSES 5 For expenses necessary for the Access Board, as au- 6 thorized by section 502 of the Rehabilitation Act of 1973, 7 as amended, $8,023,000: Provided, That, notwithstanding 8 any other provision of law, there may be credited to this 9 appropriation funds received for publications and training 10 expenses. 11 FEDERAL MARITIME COMMISSION 12 SALARIES AND EXPENSES 13 For necessary expenses of the Federal Maritime 14 Commission as authorized by section 201(d) of the Mer15 chant Marine Act, 1936, as amended (46 U.S.C. 307), in16 cluding services as authorized by 5 U.S.C. 3109; hire of 17 passenger motor vehicles as authorized by 31 U.S.C. 18 1343(b); and uniforms or allowances therefor, as author19 ized by 5 U.S.C. 5901–5902, $25,660,000: Provided, That 20 not to exceed $2,000 shall be available for official recep21 tion and representation expenses. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1642 1 2 3 4 NATIONAL RAILROAD PASSENGER CORPORATION OFFICE OF INSPECTOR GENERAL SALARIES AND EXPENSES For necessary expenses of the Office of Inspector 5 General for the National Railroad Passenger Corporation 6 to carry out the provisions of the Inspector General Act 7 of 1978, as amended, $24,499,000: Provided, That the In8 spector General shall have all necessary authority, in car9 rying out the duties specified in the Inspector General Act, 10 as amended (5 U.S.C. App. 3), to investigate allegations 11 of fraud, including false statements to the government (18 12 U.S.C. 1001), by any person or entity that is subject to 13 regulation by the National Railroad Passenger Corpora14 tion: Provided further, That the Inspector General may 15 enter into contracts and other arrangements for audits, 16 studies, analyses, and other services with public agencies 17 and with private persons, subject to the applicable laws 18 and regulations that govern the obtaining of such services 19 within the National Railroad Passenger Corporation: Pro20 vided further, That the Inspector General may select, ap21 point, and employ such officers and employees as may be 22 necessary for carrying out the functions, powers, and du23 ties of the Office of Inspector General, subject to the appli24 cable laws and regulations that govern such selections, ap25 pointments, and employment within the Corporation: Pro- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1643 1 vided further, That concurrent with the President’s budget 2 request for fiscal year 2017, the Inspector General shall 3 submit to the House and Senate Committees on Appro4 priations a budget request for fiscal year 2017 in similar 5 format and substance to those submitted by executive 6 agencies of the Federal Government. 7 NATIONAL TRANSPORTATION SAFETY BOARD 8 SALARIES AND EXPENSES 9 For necessary expenses of the National Transpor- 10 tation Safety Board, including hire of passenger motor ve11 hicles and aircraft; services as authorized by 5 U.S.C. 12 3109, but at rates for individuals not to exceed the per 13 diem rate equivalent to the rate for a GS–15; uniforms, 14 or allowances therefor, as authorized by law (5 U.S.C. 15 5901–5902), $105,170,000, of which not to exceed $2,000 16 may be used for official reception and representation ex17 penses. The amounts made available to the National 18 Transportation Safety Board in this Act include amounts 19 necessary to make lease payments on an obligation in20 curred in fiscal year 2001 for a capital lease. 21 NEIGHBORHOOD REINVESTMENT CORPORATION 22 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT 23 CORPORATION 24 For payment to the Neighborhood Reinvestment Cor- 25 poration for use in neighborhood reinvestment activities, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1644 1 as authorized by the Neighborhood Reinvestment Corpora2 tion Act (42 U.S.C. 8101–8107), $135,000,000, of which 3 $5,000,000 shall be for a multi-family rental housing pro4 gram: Provided, That in addition, $40,000,000 shall be 5 made available until expended to the Neighborhood Rein6 vestment Corporation for mortgage foreclosure mitigation 7 activities, under the following terms and conditions: 8 (1) The Neighborhood Reinvestment Corpora- 9 tion (NRC) shall make grants to counseling inter- 10 mediaries approved by the Department of Housing 11 and Urban Development (HUD) (with match to be 12 determined by NRC based on affordability and the 13 economic conditions of an area; a match also may be 14 waived by NRC based on the aforementioned condi- 15 tions) to provide mortgage foreclosure mitigation as- 16 sistance primarily to States and areas with high 17 rates of defaults and foreclosures to help eliminate 18 the default and foreclosure of mortgages of owner- 19 occupied single-family homes that are at risk of such 20 foreclosure. Other than areas with high rates of de- 21 faults and foreclosures, grants may also be provided 22 to approved counseling intermediaries based on a ge- 23 ographic analysis of the Nation by NRC which de- 24 termines where there is a prevalence of mortgages 25 that are risky and likely to fail, including any trends December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1645 1 for mortgages that are likely to default and face 2 foreclosure. A State Housing Finance Agency may 3 also be eligible where the State Housing Finance 4 Agency meets all the requirements under this para- 5 graph. A HUD-approved counseling intermediary 6 shall meet certain mortgage foreclosure mitigation 7 assistance counseling requirements, as determined 8 by NRC, and shall be approved by HUD or NRC as 9 meeting these requirements. 10 (2) Mortgage foreclosure mitigation assistance 11 shall only be made available to homeowners of 12 owner-occupied homes with mortgages in default or 13 in danger of default. These mortgages shall likely be 14 subject to a foreclosure action and homeowners will 15 be provided such assistance that shall consist of ac- 16 tivities that are likely to prevent foreclosures and re- 17 sult in the long-term affordability of the mortgage 18 retained pursuant to such activity or another posi- 19 tive outcome for the homeowner. No funds made 20 available under this paragraph may be provided di- 21 rectly to lenders or homeowners to discharge out- 22 standing mortgage balances or for any other direct 23 debt reduction payments. 24 (3) The use of mortgage foreclosure mitigation 25 assistance by approved counseling intermediaries December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1646 1 and State Housing Finance Agencies shall involve a 2 reasonable analysis of the borrower’s financial situa- 3 tion, an evaluation of the current value of the prop- 4 erty that is subject to the mortgage, counseling re- 5 garding the assumption of the mortgage by another 6 non-Federal party, counseling regarding the possible 7 purchase of the mortgage by a non-Federal third 8 party, counseling and advice of all likely restruc- 9 turing and refinancing strategies or the approval of 10 a work-out strategy by all interested parties. 11 (4) NRC may provide up to 15 percent of the 12 total funds under this paragraph to its own charter 13 members with expertise in foreclosure prevention 14 counseling, subject to a certification by NRC that 15 the procedures for selection do not consist of any 16 procedures or activities that could be construed as a 17 conflict of interest or have the appearance of impro- 18 priety. 19 (5) HUD-approved counseling entities and 20 State Housing Finance Agencies receiving funds 21 under this paragraph shall have demonstrated expe- 22 rience in successfully working with financial institu- 23 tions as well as borrowers facing default, delin- 24 quency and foreclosure as well as documented coun- 25 seling capacity, outreach capacity, past successful December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1647 1 performance and positive outcomes with documented 2 counseling plans (including post mortgage fore- 3 closure mitigation counseling), loan workout agree- 4 ments and loan modification agreements. NRC may 5 use other criteria to demonstrate capacity in under- 6 served areas. 7 (6) Of the total amount made available under 8 this paragraph, up to $2,000,000 may be made 9 available to build the mortgage foreclosure and de- 10 fault mitigation counseling capacity of counseling 11 intermediaries through NRC training courses with 12 HUD-approved counseling intermediaries and their 13 partners, except that private financial institutions 14 that participate in NRC training shall pay market 15 rates for such training. 16 (7) Of the total amount made available under 17 this paragraph, up to 5 percent may be used for as- 18 sociated administrative expenses for NRC to carry 19 out activities provided under this section. 20 (8) Mortgage foreclosure mitigation assistance 21 grants may include a budget for outreach and adver- 22 tising, and training, as determined by NRC. 23 (9) NRC shall continue to report bi-annually to 24 the House and Senate Committees on Appropria- 25 tions as well as the Senate Banking Committee and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1648 1 House Financial Services Committee on its efforts to 2 mitigate mortgage default. 3 UNITED STATES INTERAGENCY COUNCIL 4 HOMELESSNESS 5 OPERATING EXPENSES 6 ON For necessary expenses (including payment of sala- 7 ries, authorized travel, hire of passenger motor vehicles, 8 the rental of conference rooms, and the employment of ex9 perts and consultants under section 3109 of title 5, United 10 States Code) of the United States Interagency Council on 11 Homelessness in carrying out the functions pursuant to 12 title II of the McKinney-Vento Homeless Assistance Act, 13 as amended, $3,530,000. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1649 1 TITLE IV 2 GENERAL PROVISIONS—THIS ACT 3 SEC. 401. None of the funds in this Act shall be used 4 for the planning or execution of any program to pay the 5 expenses of, or otherwise compensate, non-Federal parties 6 intervening in regulatory or adjudicatory proceedings 7 funded in this Act. 8 SEC. 402. None of the funds appropriated in this Act 9 shall remain available for obligation beyond the current 10 fiscal year, nor may any be transferred to other appropria11 tions, unless expressly so provided herein. 12 SEC. 403. The expenditure of any appropriation 13 under this Act for any consulting service through a pro14 curement contract pursuant to section 3109 of title 5, 15 United States Code, shall be limited to those contracts 16 where such expenditures are a matter of public record and 17 available for public inspection, except where otherwise pro18 vided under existing law, or under existing Executive order 19 issued pursuant to existing law. 20 SEC. 404. (a) None of the funds made available in 21 this Act may be obligated or expended for any employee 22 training that— 23 (1) does not meet identified needs for knowl- 24 edge, skills, and abilities bearing directly upon the 25 performance of official duties; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1650 1 (2) contains elements likely to induce high lev- 2 els of emotional response or psychological stress in 3 some participants; 4 (3) does not require prior employee notification 5 of the content and methods to be used in the train- 6 ing and written end of course evaluation; 7 (4) contains any methods or content associated 8 with religious or quasi-religious belief systems or 9 ‘‘new age’’ belief systems as defined in Equal Em- 10 ployment 11 915.022, dated September 2, 1988; or Opportunity Commission Notice N– 12 (5) is offensive to, or designed to change, par- 13 ticipants’ personal values or lifestyle outside the 14 workplace. 15 (b) Nothing in this section shall prohibit, restrict, or 16 otherwise preclude an agency from conducting training 17 bearing directly upon the performance of official duties. 18 SEC. 405. Except as otherwise provided in this Act, 19 none of the funds provided in this Act, provided by pre20 vious appropriations Acts to the agencies or entities fund21 ed in this Act that remain available for obligation or ex22 penditure in fiscal year 2016, or provided from any ac23 counts in the Treasury derived by the collection of fees 24 and available to the agencies funded by this Act, shall be December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1651 1 available for obligation or expenditure through a re2 programming of funds that— 3 (1) creates a new program; 4 (2) eliminates a program, project, or activity; 5 (3) increases funds or personnel for any pro- 6 gram, project, or activity for which funds have been 7 denied or restricted by the Congress; 8 (4) proposes to use funds directed for a specific 9 activity by either the House or Senate Committees 10 on Appropriations for a different purpose; 11 (5) augments existing programs, projects, or ac- 12 tivities in excess of $5,000,000 or 10 percent, which- 13 ever is less; 14 (6) reduces existing programs, projects, or ac- 15 tivities by $5,000,000 or 10 percent, whichever is 16 less; or 17 (7) creates, reorganizes, or restructures a 18 branch, division, office, bureau, board, commission, 19 agency, administration, or department different from 20 the budget justifications submitted to the Commit- 21 tees on Appropriations or the table accompanying 22 the explanatory statement accompanying this Act, 23 whichever is more detailed, unless prior approval is 24 received from the House and Senate Committees on 25 Appropriations: Provided, That not later than 60 December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1652 1 days after the date of enactment of this Act, each 2 agency funded by this Act shall submit a report to 3 the Committees on Appropriations of the Senate and 4 of the House of Representatives to establish the 5 baseline for application of reprogramming and trans- 6 fer authorities for the current fiscal year: Provided 7 further, That the report shall include— 8 (A) a table for each appropriation with a 9 separate column to display the prior year en- 10 acted level, the President’s budget request, ad- 11 justments made by Congress, adjustments due 12 to enacted rescissions, if appropriate, and the 13 fiscal year enacted level; 14 (B) a delineation in the table for each ap- 15 propriation and its respective prior year enacted 16 level by object class and program, project, and 17 activity as detailed in the budget appendix for 18 the respective appropriation; and 19 20 21 (C) an identification of items of special congressional interest. SEC. 406. Except as otherwise specifically provided 22 by law, not to exceed 50 percent of unobligated balances 23 remaining available at the end of fiscal year 2016 from 24 appropriations made available for salaries and expenses 25 for fiscal year 2016 in this Act, shall remain available December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1653 1 through September 30, 2017, for each such account for 2 the purposes authorized: Provided, That a request shall 3 be submitted to the House and Senate Committees on Ap4 propriations for approval prior to the expenditure of such 5 funds: Provided further, That these requests shall be made 6 in compliance with reprogramming guidelines under sec7 tion 405 of this Act. 8 SEC. 407. No funds in this Act may be used to sup- 9 port any Federal, State, or local projects that seek to use 10 the power of eminent domain, unless eminent domain is 11 employed only for a public use: Provided, That for pur12 poses of this section, public use shall not be construed to 13 include economic development that primarily benefits pri14 vate entities: Provided further, That any use of funds for 15 mass transit, railroad, airport, seaport or highway 16 projects, as well as utility projects which benefit or serve 17 the general public (including energy-related, communica18 tion-related, water-related and wastewater-related infra19 structure), other structures designated for use by the gen20 eral public or which have other common-carrier or public21 utility functions that serve the general public and are sub22 ject to regulation and oversight by the government, and 23 projects for the removal of an immediate threat to public 24 health and safety or brownfields as defined in the Small 25 Business Liability Relief and Brownfields Revitalization December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1654 1 Act (Public Law 107–118) shall be considered a public 2 use for purposes of eminent domain. 3 SEC. 408. None of the funds made available in this 4 Act may be transferred to any department, agency, or in5 strumentality of the United States Government, except 6 pursuant to a transfer made by, or transfer authority pro7 vided in, this Act or any other appropriations Act. 8 SEC. 409. No part of any appropriation contained in 9 this Act shall be available to pay the salary for any person 10 filling a position, other than a temporary position, for11 merly held by an employee who has left to enter the Armed 12 Forces of the United States and has satisfactorily com13 pleted his or her period of active military or naval service, 14 and has within 90 days after his or her release from such 15 service or from hospitalization continuing after discharge 16 for a period of not more than 1 year, made application 17 for restoration to his or her former position and has been 18 certified by the Office of Personnel Management as still 19 qualified to perform the duties of his or her former posi20 tion and has not been restored thereto. 21 SEC. 410. No funds appropriated pursuant to this 22 Act may be expended by an entity unless the entity agrees 23 that in expending the assistance the entity will comply 24 with sections 2 through 4 of the Act of March 3, 1933 December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1655 1 (41 U.S.C. 10a–10c, popularly known as the ‘‘Buy Amer2 ican Act’’). 3 SEC. 411. No funds appropriated or otherwise made 4 available under this Act shall be made available to any 5 person or entity that has been convicted of violating the 6 Buy American Act (41 U.S.C. 10a–10c). 7 SEC. 412. None of the funds made available in this 8 Act may be used for first-class airline accommodations in 9 contravention of sections 301–10.122 and 301–10.123 of 10 title 41, Code of Federal Regulations. 11 SEC. 413. (a) None of the funds made available by 12 this Act may be used to approve a new foreign air carrier 13 permit under sections 41301 through 41305 of title 49, 14 United States Code, or exemption application under sec15 tion 40109 of that title of an air carrier already holding 16 an air operators certificate issued by a country that is 17 party to the U.S.-E.U.-Iceland-Norway Air Transport 18 Agreement where such approval would contravene United 19 States law or Article 17 bis of the U.S.-E.U.-Iceland-Nor20 way Air Transport Agreement. 21 (b) Nothing in this section shall prohibit, restrict or 22 otherwise preclude the Secretary of Transportation from 23 granting a foreign air carrier permit or an exemption to 24 such an air carrier where such authorization is consistent December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1656 1 with the U.S.-E.U.-Iceland-Norway Air Transport Agree2 ment and United States law. 3 SEC. 414. None of the funds made available in this 4 Act may be used to send or otherwise pay for the attend5 ance of more than 50 employees of a single agency or de6 partment of the United States Government, who are sta7 tioned in the United States, at any single international 8 conference unless the relevant Secretary reports to the 9 House and Senate Committees on Appropriations at least 10 5 days in advance that such attendance is important to 11 the national interest: Provided, That for purposes of this 12 section the term ‘‘international conference’’ shall mean a 13 conference occurring outside of the United States attended 14 by representatives of the United States Government and 15 of foreign governments, international organizations, or 16 nongovernmental organizations. 17 SEC. 415. None of the funds made available by this 18 Act may be used by the Federal Transit Administration 19 to implement, administer, or enforce section 18.36(c)(2) 20 of title 49, Code of Federal Regulations, for construction 21 hiring purposes. 22 SEC. 416. None of the funds made available by this 23 Act may be used in contravention of the 5th or 14th 24 Amendment to the Constitution or title VI of the Civil 25 Rights Act of 1964. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1657 1 SEC. 417. None of the funds made available by this 2 Act may be used by the Department of Transportation, 3 the Department of Housing and Urban Development, or 4 any other Federal agency to lease or purchase new light 5 duty vehicles for any executive fleet, or for an agency’s 6 fleet inventory, except in accordance with Presidential 7 Memorandum—Federal Fleet Performance, dated May 8 24, 2011. 9 SEC. 418. None of the funds made available by this 10 Act may be used in contravention of subpart E of part 11 5 of the regulations of the Secretary of Housing and 12 Urban Development (24 CFR part 5, subpart E, relating 13 to restrictions on assistance to noncitizens). 14 SEC. 419. None of the funds made available by this 15 Act may be used to provide financial assistance in con16 travention of section 214(d) of the Housing and Commu17 nity Development Act of 1980 (42 U.S.C. 1436a(d)). 18 SEC. 420. For an additional amount for ‘‘Community 19 Planning and Development, Community Development 20 Fund’’, $300,000,000, to remain available until expended, 21 for necessary expenses for activities authorized under title 22 I of the Housing and Community Development Act of 23 1974 (42 U.S.C. 5301 et seq.) related to disaster relief, 24 long-term recovery, restoration of infrastructure and hous25 ing, and economic revitalization in the most impacted and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1658 1 distressed areas resulting from a major disaster declared 2 in 2015 pursuant to the Robert T. Stafford Disaster Re3 lief and Emergency Assistance Act (42 U.S.C. 5121 et 4 seq.) related to the consequences of Hurricane Joaquin 5 and adjacent storm systems, Hurricane Patricia, and 6 other flood events: Provided, That funds shall be awarded 7 directly to the State or unit of general local government 8 at the discretion of the Secretary: Provided further, That 9 prior to the obligation of funds a grantee shall submit a 10 plan to the Secretary for approval detailing the proposed 11 use of all funds, including criteria for eligibility and how 12 the use of these funds will address long-term recovery and 13 restoration of infrastructure and housing and economic re14 vitalization in the most impacted and distressed areas: 15 Provided further, That such funds may not be used for 16 activities reimbursable by, or for which funds are made 17 available by, the Federal Emergency Management Agency 18 or the Army Corps of Engineers: Provided further, That 19 funds allocated under this heading shall not be considered 20 relevant to the non-disaster formula allocations made pur21 suant to section 106 of the Housing and Community De22 velopment Act of 1974 (42 U.S.C. 5306): Provided fur23 ther, That a State or subdivision thereof may use up to 24 five percent of its allocation for administrative costs: Pro25 vided further, That in administering the funds under this December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1659 1 heading, the Secretary of Housing and Urban Develop2 ment may waive, or specify alternative requirements for, 3 any provision of any statute or regulation that the Sec4 retary administers in connection with the obligation by the 5 Secretary or the use by the recipient of these funds (except 6 for requirements related to fair housing, nondiscrimina7 tion, labor standards, and the environment), if the Sec8 retary finds that good cause exists for the waiver or alter9 native requirement and such waiver or alternative require10 ment would not be inconsistent with the overall purpose 11 of title I of the Housing and Community Development Act 12 of 1974: Provided further, That, notwithstanding the pre13 ceding proviso, recipients of funds provided under this 14 heading that use such funds to supplement Federal assist15 ance provided under section 402, 403, 404, 406, 407, or 16 502 of the Robert T. Stafford Disaster Relief and Emer17 gency Assistance Act (42 U.S.C. 5121 et seq.) may adopt, 18 without review or public comment, any environmental re19 view, approval, or permit performed by a Federal agency, 20 and such adoption shall satisfy the responsibilities of the 21 recipient with respect to such environmental review, ap22 proval or permit: Provided further, That, notwithstanding 23 section 104(g)(2) of the Housing and Community Devel24 opment Act of 1974 (42 U.S.C. 5304(g)(2)), the Secretary 25 may, upon receipt of a request for release of funds and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1660 1 certification, immediately approve the release of funds for 2 an activity or project assisted under this heading if the 3 recipient has adopted an environmental review, approval 4 or permit under the preceding proviso or the activity or 5 project is categorically excluded from review under the Na6 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 7 et seq.): Provided further, That the Secretary shall publish 8 via notice in the Federal Register any waiver, or alter9 native requirement, to any statute or regulation that the 10 Secretary administers pursuant to title I of the Housing 11 and Community Development Act of 1974 no later than 12 five days before the effective date of such waiver or alter13 native requirement: Provided further, That of the amounts 14 made available under this section, up to $1,000,000 may 15 be transferred to ‘‘Program Office Salaries and Expenses, 16 Community Planning and Development’’ for necessary 17 costs, including information technology costs, of admin18 istering and overseeing funds made available under this 19 heading: Provided further, That amounts provided under 20 this section shall be designated by Congress as being for 21 disaster relief pursuant to section 251(b)(2)(D) of the 22 Balanced Budget and Emergency Deficit Control Act of 23 1985. 24 SEC. 421. Effective as of December 4, 2015, and as 25 if included therein as enacted, section 1408 of the Fixing December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1661 1 America’s Surface Transportation Act (Public Law 114– 2 94) is amended by adding at the end the following: 3 ‘‘(c) APPLICABILITY.—The amendment made by sub- 4 section (b) shall apply to projects to repair or reconstruct 5 facilities damaged as a result of a natural disaster or cata6 strophic failure described in section 125(a) of title 23, 7 United States Code, occurring on or after October 1, 8 2015.’’. 9 This division may be cited as the ‘‘Transportation, 10 Housing and Urban Development, and Related Agencies 11 Appropriations Act, 2016’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1662 3 DIVISION M—INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2016 4 SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 1 2 5 (a) SHORT TITLE.—This division may be cited as the 6 ‘‘Intelligence Authorization Act for Fiscal Year 2016’’. 7 (b) TABLE OF CONTENTS.—The table of contents for 8 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. Sec. Sec. Sec. Sec. 101. 102. 103. 104. 105. Authorization of appropriations. Classified schedule of authorizations. Personnel ceiling adjustments. Intelligence Community Management Account. 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. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1663 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 December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1664 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. 1 SEC. 2. DEFINITIONS. 2 In this division: 3 (1) CONGRESSIONAL 4 TEES.—The 5 mittees’’ means— 6 INTELLIGENCE COMMIT- term ‘‘congressional intelligence com- (A) the Select Committee on Intelligence of 7 the Senate; and 8 (B) the Permanent Select Committee on 9 Intelligence of the House of Representatives. 10 (2) INTELLIGENCE COMMUNITY.—The term 11 ‘‘intelligence community’’ has the meaning given 12 that term in section 3(4) of the National Security 13 Act of 1947 (50 U.S.C. 3003(4)). 14 SEC. 3. EXPLANATORY STATEMENT. 15 The explanatory statement regarding this division, 16 printed in the House section of the Congressional Record December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1665 1 on or about December 15, 2015, by the Chairman of the 2 Permanent Select Committee on Intelligence of the House 3 of Representatives, shall have the same effect with respect 4 to the implementation of this division as if it were a joint 5 explanatory statement of a committee of conference. TITLE I—INTELLIGENCE ACTIVITIES 6 7 8 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 9 Funds are hereby authorized to be appropriated for 10 fiscal year 2016 for the conduct of the intelligence and 11 intelligence-related activities of the following elements of 12 the United States Government: 13 14 (1) The Office of the Director of National Intelligence. 15 (2) The Central Intelligence Agency. 16 (3) The Department of Defense. 17 (4) The Defense Intelligence Agency. 18 (5) The National Security Agency. 19 (6) The Department of the Army, the Depart- 20 ment of the Navy, and the Department of the Air 21 Force. 22 (7) The Coast Guard. 23 (8) The Department of State. 24 (9) The Department of the Treasury. 25 (10) The Department of Energy. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1666 1 (11) The Department of Justice. 2 (12) The Federal Bureau of Investigation. 3 (13) The Drug Enforcement Administration. 4 (14) The National Reconnaissance Office. 5 (15) The National Geospatial-Intelligence Agen- 6 cy. 7 8 (16) The Department of Homeland Security. SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 9 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL 10 LEVELS.—The amounts authorized to be appropriated 11 under section 101 and, subject to section 103, the author12 ized personnel ceilings as of September 30, 2016, for the 13 conduct of the intelligence activities of the elements listed 14 in paragraphs (1) through (16) of section 101, are those 15 specified in the classified Schedule of Authorizations pre16 pared to accompany this division of this Act. 17 18 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AUTHORIZATIONS.— 19 (1) AVAILABILITY.—The classified Schedule of 20 Authorizations referred to in subsection (a) shall be 21 made available to the Committee on Appropriations 22 of the Senate, the Committee on Appropriations of 23 the House of Representatives, and to the President. 24 25 December 16, 2015 (1:04 a.m.) (2) DISTRIBUTION BY THE PRESIDENT.—Sub- ject to paragraph (3), the President shall provide for U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1667 1 suitable distribution of the classified Schedule of Au- 2 thorizations, or of appropriate portions of the Sched- 3 ule, within the executive branch. 4 (3) LIMITS ON DISCLOSURE.—The President 5 shall not publicly disclose the classified Schedule of 6 Authorizations or any portion of such Schedule ex- 7 cept— 8 (A) as provided in section 601(a) of the 9 Implementing Recommendations of the 9/11 10 Commission Act of 2007 (50 U.S.C. 3306(a)); 11 (B) to the extent necessary to implement 12 the budget; or 13 14 (C) as otherwise required by law. SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 15 (a) AUTHORITY FOR INCREASES.—The Director of 16 National Intelligence may authorize employment of civil17 ian personnel in excess of the number authorized for fiscal 18 year 2016 by the classified Schedule of Authorizations re19 ferred to in section 102(a) if the Director of National In20 telligence determines that such action is necessary to the 21 performance of important intelligence functions, except 22 that the number of personnel employed in excess of the 23 number authorized under such section may not, for any 24 element of the intelligence community, exceed 3 percent December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1668 1 of the number of civilian personnel authorized under such 2 schedule for such element. 3 (b) TREATMENT OF CERTAIN PERSONNEL.—The Di- 4 rector of National Intelligence shall establish guidelines 5 that govern, for each element of the intelligence commu6 nity, the treatment under the personnel levels authorized 7 under section 102(a), including any exemption from such 8 personnel levels, of employment or assignment in— 9 (1) a student program, trainee program, or 10 similar program; 11 (2) a reserve corps or as a reemployed annu- 12 itant; or 13 (3) details, joint duty, or long-term, full-time 14 training. 15 (c) NOTICE TO CONGRESSIONAL INTELLIGENCE 16 COMMITTEES.—The Director of National Intelligence 17 shall notify the congressional intelligence committees in 18 writing at least 15 days prior to each exercise of an au19 thority described in subsection (a). 20 SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC- 21 22 COUNT. (a) AUTHORIZATION OF APPROPRIATIONS.—There is 23 authorized to be appropriated for the Intelligence Commu24 nity Management Account of the Director of National In25 telligence for fiscal year 2016 the sum of $516,306,000. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1669 1 Within such amount, funds identified in the classified 2 Schedule of Authorizations referred to in section 102(a) 3 for advanced research and development shall remain avail4 able until September 30, 2017. 5 (b) AUTHORIZED PERSONNEL LEVELS.—The ele- 6 ments within the Intelligence Community Management 7 Account of the Director of National Intelligence are au8 thorized 785 positions as of September 30, 2016. Per9 sonnel serving in such elements may be permanent em10 ployees of the Office of the Director of National Intel11 ligence or personnel detailed from other elements of the 12 United States Government. 13 14 (c) CLASSIFIED AUTHORIZATIONS.— (1) AUTHORIZATION OF APPROPRIATIONS.—In 15 addition to amounts authorized to be appropriated 16 for the Intelligence Community Management Ac- 17 count by subsection (a), there are authorized to be 18 appropriated for the Community Management Ac- 19 count for fiscal year 2016 such additional amounts 20 as are specified in the classified Schedule of Author- 21 izations referred to in section 102(a). Such addi- 22 tional amounts for advanced research and develop- 23 ment shall remain available until September 30, 24 2017. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1670 1 (2) AUTHORIZATION OF PERSONNEL.—In addi- 2 tion to the personnel authorized by subsection (b) 3 for elements of the Intelligence Community Manage- 4 ment Account as of September 30, 2016, there are 5 authorized such additional personnel for the Com- 6 munity Management Account as of that date as are 7 specified in the classified Schedule of Authorizations 8 referred to in section 102(a). 9 SEC. 105. CLARIFICATION REGARDING AUTHORITY FOR 10 FLEXIBLE 11 AMONG ELEMENTS OF INTELLIGENCE COM- 12 MUNITY. 13 PERSONNEL MANAGEMENT (a) CLARIFICATION.—Section 102A(v) of the Na- 14 tional Security Act of 1947 (50 U.S.C. 3024(v)) is amend15 ed— 16 17 18 19 (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following new paragraph (3): 20 ‘‘(3) A covered department may appoint an in- 21 dividual to a position converted or established pursu- 22 ant to this subsection without regard to the civil- 23 service laws, including parts II and III of title 5, 24 United States Code.’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1671 1 (b) EFFECTIVE DATE.—The amendments made by 2 subsection (a) shall apply with respect to an appointment 3 under section 102A(v) of the National Security Act of 4 1947 (50 U.S.C. 3024(v)) made on or after the date of 5 the enactment of the Intelligence Authorization Act for 6 Fiscal Year 2012 (Public Law 112–87) and to any pro7 ceeding pending on or filed after the date of the enactment 8 of this section that relates to such an appointment. 12 TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM 13 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 9 10 11 14 There is authorized to be appropriated for the Cen- 15 tral Intelligence Agency Retirement and Disability Fund 16 for fiscal year 2016 the sum of $514,000,000. 18 TITLE III—GENERAL PROVISIONS 19 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND 20 BENEFITS AUTHORIZED BY LAW. 17 21 Appropriations authorized by this division for salary, 22 pay, retirement, and other benefits for Federal employees 23 may be increased by such additional or supplemental 24 amounts as may be necessary for increases in such com25 pensation or benefits authorized by law. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1672 1 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE 2 ACTIVITIES. 3 The authorization of appropriations by this division 4 shall not be deemed to constitute authority for the conduct 5 of any intelligence activity which is not otherwise author6 ized by the Constitution or the laws of the United States. 7 SEC. 303. PROVISION OF INFORMATION AND ASSISTANCE 8 TO INSPECTOR GENERAL OF THE INTEL- 9 LIGENCE COMMUNITY. 10 Section 103H(j)(4) of the National Security Act of 11 1947 (50 U.S.C. 3033(j)(4)) is amended— 12 (1) in subparagraph (A), by striking ‘‘any de- 13 partment, agency, or other element of the United 14 States Government’’ and inserting ‘‘any Federal, 15 State (as defined in section 804), or local govern- 16 mental agency or unit thereof’’; and 17 (2) in subparagraph (B), by inserting ‘‘from a 18 department, agency, or element of the Federal Gov- 19 ernment’’ before ‘‘under subparagraph (A)’’. 20 SEC. 304. INCLUSION OF INSPECTOR GENERAL OF INTEL- 21 LIGENCE COMMUNITY IN COUNCIL OF IN- 22 SPECTORS GENERAL ON INTEGRITY AND EF- 23 FICIENCY. 24 Section 11(b)(1)(B) of the Inspector General Act of 25 1978 (Public Law 95–452; 5 U.S.C. App.) is amended by December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1673 1 striking ‘‘the Office of the Director of National Intel2 ligence’’ and inserting ‘‘the Intelligence Community’’. 3 SEC. 305. CLARIFICATION OF AUTHORITY OF PRIVACY AND 4 CIVIL LIBERTIES OVERSIGHT BOARD. 5 Section 1061(g) of the Intelligence Reform and Ter- 6 rorism Prevention Act of 2004 (42 U.S.C. 2000ee(g)) is 7 amended by adding at the end the following new para8 graph: 9 ‘‘(5) ACCESS.—Nothing in this section shall be 10 construed to authorize the Board, or any agent 11 thereof, to gain access to information regarding an 12 activity covered by section 503(a) of the National 13 Security Act of 1947 (50 U.S.C. 3093(a)).’’. 14 SEC. 306. ENHANCING GOVERNMENT PERSONNEL SECU- 15 RITY PROGRAMS. 16 (a) ENHANCED SECURITY CLEARANCE PROGRAMS.— 17 (1) IN GENERAL.—Part III of title 5, United 18 States Code, is amended by adding at the end the 19 following: 20 ‘‘Subpart J—Enhanced Personnel Security Programs 21 ‘‘CHAPTER 110—ENHANCED PERSONNEL 22 SECURITY PROGRAMS ‘‘Sec. ‘‘11001. Enhanced personnel security programs. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1674 1 ‘‘SEC. 11001. 2 PERSONNEL SECURITY PRO- GRAMS. 3 4 ENHANCED ‘‘(a) ENHANCED GRAM.—The PERSONNEL SECURITY PRO- Director of National Intelligence shall direct 5 each agency to implement a program to provide enhanced 6 security review of covered individuals— 7 ‘‘(1) in accordance with this section; and 8 ‘‘(2) not later than the earlier of— 9 ‘‘(A) the date that is 5 years after the date 10 of the enactment of the Intelligence Authoriza- 11 tion Act for Fiscal Year 2016; or 12 ‘‘(B) the date on which the backlog of 13 overdue periodic reinvestigations of covered in- 14 dividuals is eliminated, as determined by the 15 Director of National Intelligence. 16 17 ‘‘(b) COMPREHENSIVENESS.— ‘‘(1) SOURCES OF INFORMATION.—The en- 18 hanced personnel security program of an agency 19 shall integrate relevant and appropriate information 20 from various sources, including government, publicly 21 available, and commercial data sources, consumer 22 reporting agencies, social media, and such other 23 sources as determined by the Director of National 24 Intelligence. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1675 1 ‘‘(2) TYPES OF INFORMATION.—Information 2 obtained and integrated from sources described in 3 paragraph (1) may include— 4 5 ‘‘(A) information relating to any criminal or civil legal proceeding; 6 ‘‘(B) financial information relating to the 7 covered individual, including the credit worthi- 8 ness of the covered individual; 9 ‘‘(C) publicly available information, wheth- 10 er electronic, printed, or other form, including 11 relevant security or counterintelligence informa- 12 tion about the covered individual or information 13 that may suggest ill intent, vulnerability to 14 blackmail, compulsive behavior, allegiance to 15 another country, change in ideology, or that the 16 covered individual lacks good judgment, reli- 17 ability, or trustworthiness; and 18 ‘‘(D) data maintained on any terrorist or 19 criminal watch list maintained by any agency, 20 State or local government, or international or- 21 ganization. 22 ‘‘(c) REVIEWS OF COVERED INDIVIDUALS.— 23 ‘‘(1) REVIEWS.— 24 ‘‘(A) IN 25 December 16, 2015 (1:04 a.m.) GENERAL.—The enhanced per- sonnel security program of an agency shall re- U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1676 1 quire that, not less than 2 times every 5 years, 2 the head of the agency shall conduct or request 3 the conduct of automated record checks and 4 checks of information from sources under sub- 5 section (b) to ensure the continued eligibility of 6 each covered individual to access classified in- 7 formation and hold a sensitive position unless 8 more frequent reviews of automated record 9 checks and checks of information from sources 10 under subsection (b) are conducted on the cov- 11 ered individual. 12 ‘‘(B) SCOPE OF REVIEWS.—Except for a 13 covered individual who is subject to more fre- 14 quent reviews to ensure the continued eligibility 15 of the covered individual to access classified in- 16 formation and hold a sensitive position, the re- 17 views under subparagraph (A) shall consist of 18 random or aperiodic checks of covered individ- 19 uals, such that each covered individual is sub- 20 ject to at least 2 reviews during the 5-year pe- 21 riod beginning on the date on which the agency 22 implements the enhanced personnel security 23 program of an agency, and during each 5-year 24 period thereafter. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1677 1 ‘‘(C) INDIVIDUAL REVIEWS.—A review of 2 the information relating to the continued eligi- 3 bility of a covered individual to access classified 4 information and hold a sensitive position under 5 subparagraph (A) may not be conducted until 6 after the end of the 120-day period beginning 7 on the date the covered individual receives the 8 notification required under paragraph (3). 9 ‘‘(2) RESULTS.—The head of an agency shall 10 take appropriate action if a review under paragraph 11 (1) finds relevant information that may affect the 12 continued eligibility of a covered individual to access 13 classified information and hold a sensitive position. 14 ‘‘(3) INFORMATION FOR COVERED INDIVID- 15 UALS.—The 16 each covered individual is adequately advised of the 17 types of relevant security or counterintelligence in- 18 formation the covered individual is required to re- 19 port to the head of the agency. head of an agency shall ensure that 20 ‘‘(4) LIMITATION.—Nothing in this subsection 21 shall be construed to affect the authority of an agen- 22 cy to determine the appropriate weight to be given 23 to information relating to a covered individual in 24 evaluating the continued eligibility of the covered in- 25 dividual. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1678 1 ‘‘(5) AUTHORITY OF THE PRESIDENT.—Noth- 2 ing in this subsection shall be construed as limiting 3 the authority of the President to direct or perpet- 4 uate periodic reinvestigations of a more comprehen- 5 sive nature or to delegate the authority to direct or 6 perpetuate such reinvestigations. 7 ‘‘(6) EFFECT ON OTHER REVIEWS.—Reviews 8 conducted under paragraph (1) are in addition to in- 9 vestigations and reinvestigations conducted pursuant 10 to section 3001 of the Intelligence Reform and Ter- 11 rorism Prevention Act of 2004 (50 U.S.C. 3341). 12 ‘‘(d) AUDIT.— 13 ‘‘(1) IN GENERAL.—Beginning 2 years after the 14 date of the implementation of the enhanced per- 15 sonnel security program of an agency under sub- 16 section (a), the Inspector General of the agency shall 17 conduct at least 1 audit to assess the effectiveness 18 and fairness, which shall be determined in accord- 19 ance with performance measures and standards es- 20 tablished by the Director of National Intelligence, to 21 covered individuals of the enhanced personnel secu- 22 rity program of the agency. 23 ‘‘(2) SUBMISSIONS TO DNI.—The results of 24 each audit conducted under paragraph (1) shall be 25 submitted to the Director of National Intelligence to December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1679 1 assess the effectiveness and fairness of the enhanced 2 personnel security programs across the Federal Gov- 3 ernment. 4 ‘‘(e) DEFINITIONS.—In this section— 5 ‘‘(1) the term ‘agency’ has the meaning given 6 that term in section 3001 of the Intelligence Reform 7 and Terrorism Prevention Act of 2004 (50 U.S.C. 8 3341); 9 ‘‘(2) the term ‘consumer reporting agency’ has 10 the meaning given that term in section 603 of the 11 Fair Credit Reporting Act (15 U.S.C. 1681a); 12 ‘‘(3) the term ‘covered individual’ means an in- 13 dividual employed by an agency or a contractor of 14 an agency who has been determined eligible for ac- 15 cess to classified information or eligible to hold a 16 sensitive position; 17 ‘‘(4) the term ‘enhanced personnel security pro- 18 gram’ means a program implemented by an agency 19 at the direction of the Director of National Intel- 20 ligence under subsection (a); and’’. 21 (2) TECHNICAL AND CONFORMING AMEND- 22 MENT.—The 23 United States Code, is amended by adding at the 24 end following: table of chapters for part III of title 5, ‘‘Subpart J—Enhanced Personnel Security Programs ‘‘110. Enhanced personnel security programs ........................................ 11001’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1680 1 2 (b) RESOLUTION ODIC 3 OF BACKLOG OF OVERDUE PERI- REINVESTIGATIONS.— (1) IN GENERAL.—The Director of National In- 4 telligence shall develop and implement a plan to 5 eliminate the backlog of overdue periodic reinvestiga- 6 tions of covered individuals. 7 8 9 (2) REQUIREMENTS.—The plan developed under paragraph (1) shall— (A) use a risk-based approach to— 10 (i) identify high-risk populations; and 11 (ii) prioritize reinvestigations that are 12 due or overdue to be conducted; and 13 (B) use random automated record checks 14 of covered individuals that shall include all cov- 15 ered individuals in the pool of individuals sub- 16 ject to a one-time check. 17 (3) DEFINITIONS.—In this subsection: 18 (A) The term ‘‘covered individual’’ means 19 an individual who has been determined eligible 20 for access to classified information or eligible to 21 hold a sensitive position. 22 (B) The term ‘‘periodic reinvestigations’’ 23 has the meaning given such term in section 24 3001(a)(7) of the Intelligence Reform and Ter- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1681 1 rorism Prevention Act of 2004 (50 U.S.C. 2 3341(a)(7)). 3 SEC. 307. NOTIFICATION OF CHANGES TO RETENTION OF 4 CALL DETAIL RECORD POLICIES. 5 6 (a) REQUIREMENT TO RETAIN.— (1) IN GENERAL.—Not later than 15 days after 7 learning that an electronic communication service 8 provider that generates call detail records in the or- 9 dinary course of business has changed the policy of 10 the provider on the retention of such call detail 11 records to result in a retention period of less than 12 18 months, the Director of National Intelligence 13 shall notify, in writing, the congressional intelligence 14 committees of such change. 15 (2) REPORT.—Not later than 30 days after the 16 date of the enactment of this Act, the Director shall 17 submit to the congressional intelligence committees a 18 report identifying each electronic communication 19 service provider that has, as of the date of the re- 20 port, a policy to retain call detail records for a pe- 21 riod of 18 months or less. 22 (b) DEFINITIONS.—In this section: 23 24 December 16, 2015 (1:04 a.m.) (1) CALL DETAIL RECORD.—The term ‘‘call de- tail record’’ has the meaning given that term in sec- U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1682 1 tion 501(k) of the Foreign Intelligence Surveillance 2 Act of 1978 (50 U.S.C. 1861(k)). 3 (2) ELECTRONIC COMMUNICATION SERVICE 4 PROVIDER.—The 5 service provider’’ has the meaning given that term in 6 section 701(b)(4) of the Foreign Intelligence Surveil- 7 lance Act of 1978 (50 U.S.C. 1881(b)(4)). term ‘‘electronic communication 8 SEC. 308. PERSONNEL INFORMATION NOTIFICATION POL- 9 ICY BY THE DIRECTOR OF NATIONAL INTEL- 10 11 LIGENCE. (a) DIRECTIVE REQUIRED.—The Director of Na- 12 tional Intelligence shall issue a directive containing a writ13 ten policy for the timely notification to the congressional 14 intelligence committees of the identities of individuals oc15 cupying senior level positions within the intelligence com16 munity. 17 (b) SENIOR LEVEL POSITION.—In identifying posi- 18 tions that are senior level positions in the intelligence com19 munity for purposes of the directive required under sub20 section (a), the Director of National Intelligence shall con21 sider whether a position— 22 23 December 16, 2015 (1:04 a.m.) (1) constitutes the head of an entity or a significant component within an agency; U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1683 1 (2) is involved in the management or oversight 2 of matters of significant import to the leadership of 3 an entity of the intelligence community; 4 5 6 7 8 9 (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 10 (6) is held by an individual designated as a sen- 11 ior intelligence management official as such term is 12 defined in section 368(a)(6) of the Intelligence Au- 13 thorization Act for Fiscal Year 2010 (Public Law 14 111–259; 50 U.S.C. 404i–1 note). 15 (c) NOTIFICATION.—The Director shall ensure that 16 each notification under the directive issued under sub17 section (a) includes each of the following: 18 19 (1) The name of the individual occupying the position. 20 (2) Any previous senior level position held by 21 the individual, if applicable, or the position held by 22 the individual immediately prior to the appointment. 23 (3) The position to be occupied by the indi- 24 December 16, 2015 (1:04 a.m.) vidual. U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1684 1 (4) Any other information the Director deter- 2 mines appropriate. 3 (d) RELATIONSHIP TO OTHER LAWS.—The directive 4 issued under subsection (a) and any amendment to such 5 directive shall be consistent with the provisions of the Na6 tional Security Act of 1947 (50 U.S.C. 401 et seq.). 7 (e) SUBMISSION.—Not later than 90 days after the 8 date of the enactment of this Act, the Director shall sub9 mit to the congressional intelligence committees the direc10 tive issued under subsection (a). 11 SEC. 309. DESIGNATION OF LEAD INTELLIGENCE OFFICER 12 13 FOR TUNNELS. (a) IN GENERAL.—The Director of National Intel- 14 ligence shall designate an official to manage the collection 15 and analysis of intelligence regarding the tactical use of 16 tunnels by state and nonstate actors. 17 (b) ANNUAL REPORT.—Not later than the date that 18 is 10 months after the date of the enactment of this Act, 19 and biennially thereafter until the date that is 4 years 20 after the date of the enactment of this Act, the Director 21 of National Intelligence shall submit to the congressional 22 intelligence committees and the congressional defense 23 committees (as such term is defined in section 101(a)(16) 24 of title 10, United States Code) a report describing— December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1685 1 (1) trends in the use of tunnels by foreign state 2 and nonstate actors; and 3 (2) collaboration efforts between the United 4 States and partner countries to address the use of 5 tunnels by adversaries. 6 SEC. 310. REPORTING PROCESS REQUIRED FOR TRACKING 7 CERTAIN REQUESTS FOR COUNTRY CLEAR- 8 ANCE. 9 (a) IN GENERAL.—By not later than September 30, 10 2016, the Director of National Intelligence shall establish 11 a formal internal reporting process for tracking requests 12 for country clearance submitted to overseas Director of 13 National Intelligence representatives by departments and 14 agencies of the United States. Such reporting process shall 15 include a mechanism for tracking the department or agen16 cy that submits each such request and the date on which 17 each such request is submitted. 18 (b) CONGRESSIONAL BRIEFING.—By not later than 19 December 31, 2016, the Director of National Intelligence 20 shall brief the congressional intelligence committees on the 21 progress of the Director in establishing the process re22 quired under subsection (a). 23 SEC. 311. STUDY ON REDUCTION OF ANALYTIC DUPLICA- 24 25 December 16, 2015 (1:04 a.m.) TION. (a) STUDY AND REPORT.— U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1686 1 2 (1) IN GENERAL.—Not later than January 31, 2016, the Director of National Intelligence shall— 3 (A) carry out a study to evaluate and 4 measure the incidence of duplication in finished 5 intelligence analysis products; and 6 (B) submit to the congressional intelligence 7 committees a report on the findings of such 8 study. 9 (2) METHODOLOGY REQUIREMENTS.—The 10 methodology used to carry out the study required by 11 this subsection shall be able to be repeated for use 12 in other subsequent studies. 13 (b) ELEMENTS.—The report required by subsection 14 (a)(1)(B) shall include— 15 (1) detailed information— 16 17 (A) relating to the frequency of duplication of finished intelligence analysis products; and 18 (B) that describes the types of, and the 19 reasons for, any such duplication; and 20 (2) a determination as to whether to make the 21 production of such information a routine part of the 22 mission of the Analytic Integrity and Standards 23 Group. 24 (c) CUSTOMER IMPACT PLAN.—Not later than 180 25 days after the date of the enactment of this Act, the Direc- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1687 1 tor of National Intelligence shall submit to the congres2 sional intelligence committees a plan for revising analytic 3 practice, tradecraft, and standards to ensure customers 4 are able to clearly identify— 5 (1) the manner in which intelligence products 6 written on similar topics and that are produced con- 7 temporaneously differ from one another in terms of 8 methodology, sourcing, or other distinguishing ana- 9 lytic characteristics; and 10 (2) the significance of that difference. 11 (d) CONSTRUCTION.—Nothing in this section may be 12 construed to impose any requirement that would interfere 13 with the production of an operationally urgent or other14 wise time-sensitive current intelligence product. 15 SEC. 312. STRATEGY FOR COMPREHENSIVE INTERAGENCY 16 REVIEW OF THE UNITED STATES NATIONAL 17 SECURITY OVERHEAD SATELLITE ARCHITEC- 18 TURE. 19 (a) REQUIREMENT FOR STRATEGY.—The Director of 20 National Intelligence shall collaborate with the Secretary 21 of Defense and the Chairman of the Joint Chiefs of Staff 22 to develop a strategy, with milestones and benchmarks, 23 to ensure that there is a comprehensive interagency review 24 of policies and practices for planning and acquiring na25 tional security satellite systems and architectures, includ- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1688 1 ing the capabilities of commercial systems and partner 2 countries, consistent with the National Space Policy issued 3 on June 28, 2010. Such strategy shall, where applicable, 4 account for the unique missions and authorities vested in 5 the Department of Defense and the intelligence commu6 nity. 7 (b) ELEMENTS.—The strategy required by subsection 8 (a) shall ensure that the United States national security 9 overhead satellite architecture— 10 11 (1) meets the needs of the United States in peace time and is resilient in war time; 12 (2) is fiscally responsible; 13 (3) accurately takes into account cost and per- 14 formance tradeoffs; 15 (4) meets realistic requirements; 16 (5) produces excellence, innovation, competition, 17 and a robust industrial base; 18 (6) aims to produce in less than 5 years innova- 19 tive satellite systems that are able to leverage com- 20 mon, standardized design elements and commercially 21 available technologies; 22 (7) takes advantage of rapid advances in com- 23 mercial technology, innovation, and commercial-like 24 acquisition practices; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1689 1 (8) is open to innovative concepts, such as dis- 2 tributed, disaggregated architectures, that could 3 allow for better resiliency, reconstitution, replenish- 4 ment, and rapid technological refresh; and 5 (9) emphasizes deterrence and recognizes the 6 importance of offensive and defensive space control 7 capabilities. 8 (c) REPORT ON STRATEGY.—Not later than Feb- 9 ruary 28, 2016, the Director of National Intelligence, the 10 Secretary of Defense, and the Chairman of the Joint 11 Chiefs of Staff shall jointly submit to the congressional 12 intelligence committees, the Committee on Armed Services 13 of the Senate, and the Committee on Armed Services of 14 the House of Representatives a report on the strategy re15 quired by subsection (a). 16 SEC. 313. CYBER ATTACK STANDARDS OF MEASUREMENT 17 18 STUDY. (a) STUDY REQUIRED.—The Director of National In- 19 telligence, in consultation with the Secretary of Homeland 20 Security, the Director of the Federal Bureau of Investiga21 tion, and the Secretary of Defense, shall carry out a study 22 to determine appropriate standards that— 23 (1) can be used to measure the damage of cyber 24 incidents for the purposes of determining the re- 25 sponse to such incidents; and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1690 1 (2) include a method for quantifying the dam- 2 age caused to affected computers, systems, and de- 3 vices. 4 (b) REPORTS TO CONGRESS.— 5 (1) PRELIMINARY FINDINGS.—Not later than 6 180 days after the date of the enactment of this Act, 7 the Director of National Intelligence shall submit to 8 the appropriate congressional committees the initial 9 findings of the study required under subsection (a). 10 (2) REPORT.—Not later than 360 days after 11 the date of the enactment of this Act, the Director 12 of National Intelligence shall submit to the appro- 13 priate congressional committees a report containing 14 the complete findings of such study. 15 (3) FORM OF REPORT.—The report required by 16 paragraph (2) shall be submitted in unclassified 17 form, but may contain a classified annex. 18 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE- 19 FINED.—In this section, the term ‘‘appropriate congres- 20 sional committees’’ means the following: 21 (1) The congressional intelligence committees. 22 (2) The Committees on Armed Services of the 23 December 16, 2015 (1:04 a.m.) House of Representatives and the Senate. U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1691 1 (3) The Committee on Foreign Affairs of the 2 House of Representatives and the Committee on 3 Foreign Relations of the Senate. 4 (4) The Committee on Homeland Security of 5 the House of Representatives and the Committee on 6 Homeland Security and Governmental Affairs of the 7 Senate. 12 TITLE IV—MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY Subtitle A—Office of the Director of National Intelligence 13 SEC. 401. APPOINTMENT AND CONFIRMATION OF THE NA- 14 TIONAL COUNTERINTELLIGENCE EXECUTIVE. 15 (a) IN GENERAL.—Section 902(a) of the Counter- 8 9 10 11 16 intelligence Enhancement Act of 2002 (50 U.S.C. 3382) 17 is amended to read as follows: 18 ‘‘(a) ESTABLISHMENT.—There shall be a National 19 Counterintelligence Executive who shall be appointed by 20 the President, by and with the advice and consent of the 21 Senate.’’. 22 (b) EFFECTIVE DATE.—The amendment made by 23 subsection (a) shall take effect on the date that is one 24 year after the date of the enactment of this Act. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1692 1 SEC. 402. TECHNICAL AMENDMENTS RELATING TO PAY 2 UNDER TITLE 5, UNITED STATES CODE. 3 Section 5102(a)(1) of title 5, United States Code, is 4 amended— 5 (1) in clause (vii), by striking ‘‘or’’; 6 (2) by inserting after clause (vii) the following 7 new clause: 8 ‘‘(viii) the Office of the Director of Na- 9 tional Intelligence;’’; and 10 (3) in clause (x), by striking the period and in- 11 12 serting a semicolon. SEC. 403. ANALYTIC OBJECTIVITY REVIEW. 13 (a) ASSESSMENT.—The Director of National Intel- 14 ligence shall assign the Chief of the Analytic Integrity and 15 Standards Group to conduct a review of finished intel16 ligence products produced by the Central Intelligence 17 Agency to assess whether the reorganization of the Agen18 cy, announced publicly on March 6, 2015, has resulted in 19 any loss of analytic objectivity. 20 (b) SUBMISSION.—Not later than March 6, 2017, the 21 Director of National Intelligence shall submit to the con22 gressional intelligence committees, in writing, the results 23 of the review required under subsection (a), including— 24 (1) an assessment comparing the analytic objec- 25 tivity of a representative sample of finished intel- 26 ligence products produced by the Central Intelligence December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1693 1 Agency before the reorganization and a representa- 2 tive sample of such finished intelligence products 3 produced after the reorganization, predicated on the 4 products’ communication of uncertainty, expression 5 of alternative analysis, and other underlying evalua- 6 tive criteria referenced in the Strategic Evaluation of 7 All-Source Analysis directed by the Director; 8 (2) an assessment comparing the historical re- 9 sults of anonymous surveys of Central Intelligence 10 Agency analysts and customers conducted before the 11 reorganization and the results of such anonymous 12 surveys conducted after the reorganization, with a 13 focus on the analytic standard of objectivity; 14 (3) a metrics-based evaluation measuring the 15 effect that the reorganization’s integration of oper- 16 ational, analytic, support, technical, and digital per- 17 sonnel and capabilities into Mission Centers has had 18 on analytic objectivity; and 19 (4) any recommendations for ensuring that ana- 20 lysts of the Central Intelligence Agency perform 21 their functions with objectivity, are not unduly con- 22 strained, and are not influenced by the force of pref- 23 erence for a particular policy. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1694 2 Subtitle B—Central Intelligence Agency and Other Elements 3 SEC. 411. AUTHORITIES OF THE INSPECTOR GENERAL FOR 1 4 5 THE CENTRAL INTELLIGENCE AGENCY. (a) INFORMATION AND ASSISTANCE.—Paragraph (9) 6 of section 17(e) of the Central Intelligence Agency Act of 7 1949 (50 U.S.C. 3517(e)(9)) is amended to read as fol8 lows: 9 ‘‘(9)(A) The Inspector General may request such in- 10 formation or assistance as may be necessary for carrying 11 out the duties and responsibilities of the Inspector General 12 provided by this section from any Federal, State, or local 13 governmental agency or unit thereof. 14 ‘‘(B) Upon request of the Inspector General for infor- 15 mation or assistance from a department or agency of the 16 Federal Government, the head of the department or agen17 cy involved, insofar as practicable and not in contravention 18 of any existing statutory restriction or regulation of such 19 department or agency, shall furnish to the Inspector Gen20 eral, or to an authorized designee, such information or as21 sistance. 22 ‘‘(C) Nothing in this paragraph may be construed to 23 provide any new authority to the Central Intelligence 24 Agency to conduct intelligence activity in the United 25 States. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1695 1 ‘‘(D) In this paragraph, the term ‘State’ means each 2 of the several States, the District of Columbia, the Com3 monwealth of Puerto Rico, the Commonwealth of the 4 Northern Mariana Islands, and any territory or possession 5 of the United States.’’. 6 7 (b) TECHNICAL AMENDMENTS RELATING TION OF TO SELEC- EMPLOYEES.—Paragraph (7) of such section (50 8 U.S.C. 3517(e)(7)) is amended— 9 10 11 (1) by inserting ‘‘(A)’’ before ‘‘Subject to applicable law’’; and (2) by adding at the end the following new sub- 12 paragraph: 13 ‘‘(B) Consistent with budgetary and personnel re- 14 sources allocated by the Director, the Inspector General 15 has final approval of— 16 ‘‘(i) the selection of internal and external can- 17 didates for employment with the Office of Inspector 18 General; and 19 ‘‘(ii) all other personnel decisions concerning 20 personnel permanently assigned to the Office of In- 21 spector General, including selection and appointment 22 to the Senior Intelligence Service, but excluding all 23 security-based determinations that are not within 24 the authority of a head of other Central Intelligence 25 Agency offices.’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1696 1 SEC. 412. PRIOR CONGRESSIONAL NOTIFICATION OF 2 TRANSFERS OF FUNDS FOR CERTAIN INTEL- 3 LIGENCE ACTIVITIES. 4 (a) LIMITATION.—Except as provided in subsection 5 (b), none of the funds authorized to be appropriated by 6 this division or otherwise made available for the intel7 ligence community for fiscal year 2016 may be used to 8 initiate a transfer of funds from the Joint Improvised Ex9 plosive Device Defeat Fund or the Counterterrorism Part10 nerships Fund to be used for intelligence activities unless 11 the Director of National Intelligence or the Secretary of 12 Defense, as appropriate, submits to the congressional in13 telligence committees, by not later than 15 days before 14 initiating such a transfer, written notice of the transfer. 15 (b) WAIVER.— 16 (1) IN GENERAL.—The Director of National In- 17 telligence or the Secretary of Defense, as appro- 18 priate, may waive subsection (a) with respect to the 19 initiation of a transfer of funds if the Director or 20 Secretary, as the case may be, determines that an 21 emergency situation makes it impossible or imprac- 22 tical to provide the notice required under such sub- 23 section by the date that is 15 days before such initi- 24 ation. 25 (2) NOTICE.—If the Director or Secretary 26 issues a waiver under paragraph (1), the Director or December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1697 1 Secretary, as the case may be, shall submit to the 2 congressional intelligence committees, by not later 3 than 48 hours after the initiation of the transfer of 4 funds covered by the waiver, written notice of the 5 waiver and a justification for the waiver, including 6 a description of the emergency situation that neces- 7 sitated the waiver. 11 TITLE V—MATTERS RELATING TO FOREIGN COUNTRIES Subtitle A—Matters Relating to Russia 12 SEC. 501. NOTICE OF DEPLOYMENT OR TRANSFER OF 13 CLUB–K CONTAINER MISSILE SYSTEM BY THE 14 RUSSIAN FEDERATION. 8 9 10 15 (a) NOTICE TO CONGRESS.—The Director of Na- 16 tional Intelligence shall submit to the appropriate congres17 sional committees written notice if the intelligence commu18 nity receives intelligence that the Russian Federation 19 has— 20 (1) deployed, or is about to deploy, the Club– 21 K container missile system through the Russian 22 military; or 23 (2) transferred or sold, or intends to transfer or 24 sell, the Club–K container missile system to another 25 state or non-state actor. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1698 1 (b) NOTICE TO CONGRESSIONAL INTELLIGENCE 2 COMMITTEES.—Not later than 30 days after the date on 3 which the Director submits a notice under subsection (a), 4 the Director shall submit to the congressional intelligence 5 committees a written update regarding any intelligence 6 community engagement with a foreign partner on the de7 ployment and impacts of a deployment of the Club–K con8 tainer missile system to any potentially impacted nation. 9 10 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this section, the term ‘‘appropriate congres- 11 sional committees’’ means the following: 12 (1) The congressional intelligence committees. 13 (2) The Committees on Armed Services of the 14 House of Representatives and the Senate. 15 (3) The Committee on Foreign Affairs of the 16 House of Representatives and the Committee on 17 Foreign Relations of the Senate. 18 SEC. 502. ASSESSMENT ON FUNDING OF POLITICAL PAR- 19 TIES AND NONGOVERNMENTAL ORGANIZA- 20 TIONS BY THE RUSSIAN FEDERATION. 21 (a) IN GENERAL.—Not later than 180 days after the 22 date of the enactment of this Act, the Director of National 23 Intelligence shall submit to the appropriate congressional 24 committees an intelligence community assessment on the 25 funding of political parties and nongovernmental organiza- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1699 1 tions in former Soviet states and countries in Europe by 2 the Russian Security Services since January 1, 2006. 3 Such assessment shall include the following: 4 (1) The country involved, the entity funded, the 5 security service involved, and the intended effect of 6 the funding. 7 (2) An evaluation of such intended effects, in- 8 cluding with respect to— 9 (A) undermining the political cohesion of 10 the country involved; 11 (B) undermining the missile defense of the 12 United States and the North Atlantic Treaty 13 Organization; and 14 (C) undermining energy projects that could 15 provide an alternative to Russian energy. 16 (b) FORM.—The report under subsection (a) shall be 17 submitted in unclassified form, but may include a classi18 fied annex. 19 20 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this section, the term ‘‘appropriate congres- 21 sional committees’’ means the following: 22 (1) The congressional intelligence committees. 23 (2) The Committees on Armed Services of the 24 December 16, 2015 (1:04 a.m.) House of Representatives and the Senate. U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1700 1 (3) The Committee on Foreign Affairs of the 2 House of Representatives and the Committee on 3 Foreign Relations of the Senate. 4 SEC. 503. ASSESSMENT ON THE USE OF POLITICAL ASSAS- 5 SINATIONS AS A FORM OF STATECRAFT BY 6 THE RUSSIAN FEDERATION. 7 (a) REQUIREMENT FOR ASSESSMENT.—Not later 8 than 180 days after the date of the enactment of this Act, 9 the Director of National Intelligence shall submit to the 10 appropriate congressional committees an intelligence com11 munity assessment on the use of political assassinations 12 as a form of statecraft by the Russian Federation since 13 January 1, 2000. 14 (b) CONTENT.—The assessment required by sub- 15 section (a) shall include— 16 (1) a list of Russian politicians, businessmen, 17 dissidents, journalists, current or former government 18 officials, foreign heads-of-state, foreign political lead- 19 ers, foreign journalists, members of nongovern- 20 mental organizations, and other relevant individuals 21 that the intelligence community assesses were assas- 22 sinated by Russian Security Services, or agents of 23 such services, since January 1, 2000; and 24 (2) for each individual described in paragraph 25 (1), the country in which the assassination took December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1701 1 place, the means used, associated individuals and or- 2 ganizations, and other background information re- 3 lated to the assassination of the individual. 4 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE- 5 FINED.—In this section, the term ‘‘appropriate congres- 6 sional committees’’ means the following: 7 (1) The congressional intelligence committees. 8 (2) The Committees on Armed Services of the 9 House of Representatives and the Senate. 10 (3) The Committee on Foreign Affairs of the 11 House of Representatives and the Committee on 12 Foreign Relations of the Senate. 14 Subtitle B—Matters Relating to Other Countries 15 SEC. 511. REPORT ON RESOURCES AND COLLECTION POS- 16 TURE WITH REGARD TO THE SOUTH CHINA 17 SEA AND EAST CHINA SEA. 13 18 (a) IN GENERAL.—Not later than 180 days after the 19 date of the enactment of this Act, the Director of National 20 Intelligence shall submit to the congressional intelligence 21 committees an intelligence community assessment on the 22 resources used for collection efforts and the collection pos23 ture of the intelligence community with regard to the 24 South China Sea and East China Sea. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1702 1 (b) ELEMENTS.—The intelligence community assess- 2 ment required by subsection (a) shall provide detailed in3 formation related to intelligence collection by the United 4 States with regard to the South China Sea and East 5 China Sea, including— 6 (1) a review of intelligence community collection 7 activities and a description of these activities, includ- 8 ing the lead agency, key partners, purpose of collec- 9 tion activity, annual funding and personnel, the 10 manner in which the collection is conducted, and 11 types of information collected; 12 (2) an explanation of how the intelligence com- 13 munity prioritizes and coordinates collection activi- 14 ties focused on such region; and 15 (3) a description of any collection and 16 resourcing gaps and efforts being made to address 17 such gaps. 18 SEC. 512. USE OF LOCALLY EMPLOYED STAFF SERVING AT 19 A UNITED STATES DIPLOMATIC FACILITY IN 20 CUBA. 21 22 (a) SUPERVISORY REQUIREMENT.— (1) IN GENERAL.—Except as provided under 23 paragraph (2), the Secretary of State shall ensure 24 that, not later than 1 year after the date of the en- 25 actment of this Act, key supervisory positions at a December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1703 1 United States diplomatic facility in Cuba are occu- 2 pied by citizens of the United States. 3 (2) EXTENSION.—The Secretary of State may 4 extend the deadline under paragraph (1) for up to 5 1 year by providing advance written notification and 6 justification of such extension to the appropriate 7 congressional committees. 8 (b) REPORT.—Not later than 180 days after the date 9 of the enactment of this Act, the Secretary of State, in 10 coordination with the heads of other appropriate Federal 11 agencies, shall submit to the appropriate congressional 12 committees a report on— 13 14 15 (1) the progress made toward meeting the requirement under subsection (a)(1); and (2) the use of locally employed staff in United 16 States diplomatic facilities in Cuba, including— 17 (A) the number of such staff; 18 (B) the responsibilities of such staff; 19 (C) the manner in which such staff are se- 20 lected, including efforts to mitigate counter- 21 intelligence threats to the United States; and 22 (D) the potential cost and impact on the 23 operational capacity of the diplomatic facility if 24 such staff were reduced. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1704 1 2 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this section, the term ‘‘appropriate congres- 3 sional committees’’ means— 4 (1) the congressional intelligence committees; 5 (2) the Committee on Foreign Relations and 6 the Committee on Appropriations of the Senate; and 7 (3) the Committee on Foreign Affairs and the 8 Committee on Appropriations of the House of Rep- 9 resentatives. 10 SEC. 513. INCLUSION OF SENSITIVE COMPARTMENTED IN- 11 FORMATION FACILITIES IN UNITED STATES 12 DIPLOMATIC FACILITIES IN CUBA. 13 (a) RESTRICTED ACCESS SPACE REQUIREMENT.— 14 Each United States diplomatic facility in Cuba in which 15 classified information will be processed or in which classi16 fied communications occur that, after the date of the en17 actment of this Act, is constructed or undergoes a major 18 construction upgrade shall be constructed to include a sen19 sitive compartmented information facility. 20 (b) NATIONAL SECURITY WAIVER.—The Secretary of 21 State may waive the requirement under subsection (a) if 22 the Secretary— 23 24 December 16, 2015 (1:04 a.m.) (1) determines that such waiver is in the national security interest of the United States; and U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1705 1 (2) submits a written justification for such 2 waiver to the appropriate congressional committees 3 not later than 90 days before exercising such waiver. 4 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE- 5 FINED.—In this section, the term ‘‘appropriate congres- 6 sional committees’’ means— 7 (1) the congressional intelligence committees; 8 (2) the Committee on Foreign Relations and 9 the Committee on Appropriations of the Senate; and 10 (3) the Committee on Foreign Affairs and the 11 Committee on Appropriations of the House of Rep- 12 resentatives. 13 SEC. 514. REPORT ON USE BY IRAN OF FUNDS MADE AVAIL- 14 ABLE THROUGH SANCTIONS RELIEF. 15 (a) IN GENERAL.—At the times specified in sub- 16 section (b), the Director of National Intelligence, in con17 sultation with the Secretary of the Treasury, shall submit 18 to the appropriate congressional committees a report as19 sessing the following: 20 (1) The monetary value of any direct or indirect 21 forms of sanctions relief that Iran has received since 22 the Joint Plan of Action first entered into effect. 23 (2) How Iran has used funds made available 24 through sanctions relief, including the extent to December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1706 1 which any such funds have facilitated the ability of 2 Iran— 3 (A) to provide support for— 4 (i) any individual or entity designated 5 for the imposition of sanctions for activi- 6 ties relating to international terrorism pur- 7 suant to an executive order or by the Of- 8 fice of Foreign Assets Control of the De- 9 partment of the Treasury as of the date of 10 the enactment of this Act; 11 (ii) any organization designated by 12 the Secretary of State as a foreign ter- 13 rorist organization under section 219(a) of 14 the Immigration and Nationality Act (8 15 U.S.C. 1189(a)) as of the date of the en- 16 actment of this Act; 17 18 19 (iii) any other terrorist organization; or (iv) the regime of Bashar al Assad in 20 Syria; 21 (B) to advance the efforts of Iran or any 22 other country to develop nuclear weapons or 23 ballistic missiles overtly or covertly; or 24 25 December 16, 2015 (1:04 a.m.) (C) to commit any violation of the human rights of the people of Iran. U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1707 1 (3) The extent to which any senior official of 2 the Government of Iran has diverted any funds 3 made available through sanctions relief to be used by 4 the official for personal use. 5 (b) SUBMISSION TO CONGRESS.— 6 (1) IN GENERAL.—The Director shall submit 7 the report required by subsection (a) to the appro- 8 priate congressional committees— 9 (A) not later than 180 days after the date 10 of the enactment of this Act and every 180 11 days thereafter during the period that the Joint 12 Plan of Action is in effect; and 13 (B) not later than 1 year after a subse- 14 quent agreement with Iran relating to the nu- 15 clear program of Iran takes effect and annually 16 thereafter during the period that such agree- 17 ment remains in effect. 18 (2) NONDUPLICATION.—The Director may sub- 19 mit the information required by subsection (a) with 20 a report required to be submitted to Congress under 21 another provision of law if— 22 (A) the Director notifies the appropriate 23 congressional committees of the intention of 24 making such submission before submitting that 25 report; and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1708 1 2 3 (B) all matters required to be covered by subsection (a) are included in that report. (c) FORM OF REPORTS.—Each report required by 4 subsection (a) shall be submitted in unclassified form, but 5 may include a classified annex. 6 7 (d) DEFINITIONS.—In this section: (1) APPROPRIATE 8 TEES.—The 9 mittees’’ means— CONGRESSIONAL COMMIT- term ‘‘appropriate congressional com- 10 (A) the Committee on Banking, Housing, 11 and Urban Affairs, the Committee on Finance, 12 the Committee on Foreign Relations, and the 13 Select Committee on Intelligence of the Senate; 14 and 15 (B) the Committee on Financial Services, 16 the Committee on Foreign Affairs, the Com- 17 mittee on Ways and Means, and the Permanent 18 Select Committee on Intelligence of the House 19 of Representatives. 20 (2) JOINT PLAN OF ACTION.—The term ‘‘Joint 21 Plan of Action’’ means the Joint Plan of Action, 22 signed at Geneva November 24, 2013, by Iran and 23 by France, Germany, the Russian Federation, the 24 People’s Republic of China, the United Kingdom, 25 and the United States, and all implementing mate- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1709 1 rials and agreements related to the Joint Plan of 2 Action, 3 reached on January 12, 2014, the extension thereto 4 agreed to on July 18, 2014, and the extension there- 5 to agreed to on November 24, 2014. including the technical understandings 9 TITLE VI—MATTERS RELATING TO UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA 10 SEC. 601. PROHIBITION ON USE OF FUNDS FOR TRANSFER 11 OR RELEASE OF INDIVIDUALS DETAINED AT 12 UNITED STATES NAVAL STATION, GUANTA- 13 NAMO BAY, CUBA, TO THE UNITED STATES. 6 7 8 14 No amounts authorized to be appropriated or other- 15 wise made available to an element of the intelligence com16 munity may be used during the period beginning on the 17 date of the enactment of this Act and ending on December 18 31, 2016, to transfer, release, or assist in the transfer or 19 release, to or within the United States, its territories, or 20 possessions, Khalid Sheikh Mohammed or any other de21 tainee who— 22 23 December 16, 2015 (1:04 a.m.) (1) is not a United States citizen or a member of the Armed Forces of the United States; and U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1710 1 (2) is or was held on or after January 20, 2 2009, at United States Naval Station, Guantanamo 3 Bay, Cuba, by the Department of Defense. 4 SEC. 602. PROHIBITION ON USE OF FUNDS TO CONSTRUCT 5 OR 6 STATES 7 FERRED FROM UNITED STATES NAVAL STA- 8 TION, GUANTANAMO BAY, CUBA. 9 MODIFY TO FACILITIES HOUSE IN THE UNITED DETAINEES TRANS- (a) IN GENERAL.—No amounts authorized to be ap- 10 propriated or otherwise made available to an element of 11 the intelligence community may be used during the period 12 beginning on the date of the enactment of this Act and 13 ending on December 31, 2016, to construct or modify any 14 facility in the United States, its territories, or possessions 15 to house any individual detained at Guantanamo for the 16 purposes of detention or imprisonment in the custody or 17 under the control of the Department of Defense unless 18 authorized by Congress. 19 (b) EXCEPTION.—The prohibition in subsection (a) 20 shall not apply to any modification of facilities at United 21 States Naval Station, Guantanamo Bay, Cuba. 22 23 (c) INDIVIDUAL DETAINED FINED.—In AT GUANTANAMO DE- this section, the term ‘‘individual detained at 24 Guantanamo’’ means any individual located at United December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1711 1 States Naval Station, Guantanamo Bay, Cuba, as of Octo2 ber 1, 2009, who— 3 (1) is not a citizen of the United States or a 4 member of the Armed Forces of the United States; 5 and 6 (2) is— 7 (A) in the custody or under the control of 8 the Department of Defense; or 9 (B) otherwise under detention at United 10 States Naval Station, Guantanamo Bay, Cuba. 11 SEC. 603. PROHIBITION ON USE OF FUNDS FOR TRANSFER 12 OR RELEASE TO CERTAIN COUNTRIES OF IN- 13 DIVIDUALS DETAINED AT UNITED STATES 14 NAVAL STATION, GUANTANAMO BAY, CUBA. 15 No amounts authorized to be appropriated or other- 16 wise made available to an element of the intelligence com17 munity may be used during the period beginning on the 18 date of the enactment of this Act and ending on December 19 31, 2016, to transfer, release, or assist in the transfer or 20 release of any individual detained in the custody or under 21 the control of the Department of Defense at United States 22 Naval Station, Guantanamo Bay, Cuba, to the custody or 23 control of any country, or any entity within such country, 24 as follows: 25 December 16, 2015 (1:04 a.m.) (1) Libya. U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1712 1 (2) Somalia. 2 (3) Syria. 3 (4) Yemen. 6 TITLE VII—REPORTS AND OTHER MATTERS Subtitle A—Reports 7 SEC. 701. REPEAL OF CERTAIN REPORTING REQUIRE- 4 5 8 9 MENTS. (a) QUADRENNIAL AUDIT OF POSITIONS REQUIRING 10 SECURITY CLEARANCES.—Section 506H of the National 11 Security Act of 1947 (50 U.S.C. 3104) is amended— 12 (1) by striking subsection (a); 13 (2) by redesignating subsections (b) and (c) as 14 subsections (a) and (b), respectively; and 15 (3) in subsection (b), as so redesignated, by 16 striking ‘‘The results required under subsection 17 (a)(2) and the reports required under subsection 18 (b)(1)’’ and inserting ‘‘The reports required under 19 subsection (a)(1)’’. 20 (b) REPORTS ON ROLE OF ANALYSTS AT FBI.—Sec- 21 tion 2001(g) of the Intelligence Reform and Terrorism 22 Prevention Act of 2004 (Public Law 108–458; 118 Stat. 23 3700; 28 U.S.C. 532 note) is amended by striking para24 graph (3) and redesignating paragraph (4) as paragraph 25 (3). December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1713 1 2 (c) REPORT CERS AND 3 ON OUTSIDE EMPLOYMENT BY OFFI- EMPLOYEES OF INTELLIGENCE COMMUNITY.— (1) IN GENERAL.—Section 102A(u) of the Na- 4 tional Security Act of 1947 (50 U.S.C. 3024(u)) is 5 amended— 6 (A) by striking ‘‘(1) The Director’’ and in- 7 serting ‘‘The Director’’; and 8 (B) by striking paragraph (2). 9 (2) CONFORMING AMENDMENT.—Subsection (a) 10 of section 507 of such Act (50 U.S.C. 3106) is 11 amended— 12 (A) by striking paragraph (5); and 13 (B) by redesignating paragraph (6) as 14 paragraph (5). 15 (3) TECHNICAL AMENDMENT.—Subsection 16 (c)(1) of such section 507 is amended by striking 17 ‘‘subsection (a)(1)’’ and inserting ‘‘subsection (a)’’. 18 (d) REPORTS ON NUCLEAR ASPIRATIONS OF NON- 19 STATE ENTITIES.—Section 1055 of the National Defense 20 Authorization Act for Fiscal Year 2010 (50 U.S.C. 2371) 21 is repealed. 22 23 (e) REPORTS ON ESPIONAGE BY PEOPLE’S REPUBLIC OF CHINA.—Section 3151 of the National Defense Au- 24 thorization Act for Fiscal Year 2000 (42 U.S.C. 7383e) 25 is repealed. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1714 1 (f) REPORTS ON SECURITY VULNERABILITIES OF 2 NATIONAL LABORATORY COMPUTERS.—Section 4508 of 3 the Atomic Energy Defense Act (50 U.S.C. 2659) is re4 pealed. 5 SEC. 702. REPORTS ON FOREIGN FIGHTERS. 6 (a) REPORTS REQUIRED.—Not later than 60 days 7 after the date of the enactment of this Act, and every 60 8 days thereafter, the Director of National Intelligence shall 9 submit to the congressional intelligence committees a re10 port on foreign fighter flows to and from Syria and to 11 and from Iraq. The Director shall define the term ‘‘foreign 12 fighter’’ in such reports. 13 (b) MATTERS TO BE INCLUDED.—Each report sub- 14 mitted under subsection (a) shall include each of the fol15 lowing: 16 (1) The total number of foreign fighters who 17 have traveled to Syria or Iraq since January 1, 18 2011, the total number of foreign fighters in Syria 19 or Iraq as of the date of the submittal of the report, 20 the total number of foreign fighters whose countries 21 of origin have a visa waiver program described in 22 section 217 of the Immigration and Nationality Act 23 (8 U.S.C. 1187), the total number of foreign fight- 24 ers who have left Syria or Iraq, the total number of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1715 1 female foreign fighters, and the total number of de- 2 ceased foreign fighters. 3 (2) The total number of United States persons 4 who have traveled or attempted to travel to Syria or 5 Iraq since January 1, 2011, the total number of 6 such persons who have arrived in Syria or Iraq since 7 such date, and the total number of such persons who 8 have returned to the United States from Syria or 9 Iraq since such date. 10 (3) The total number of foreign fighters in the 11 Terrorist Identities Datamart Environment and the 12 status of each such foreign fighter in that database, 13 the number of such foreign fighters who are on a 14 watchlist, and the number of such foreign fighters 15 who are not on a watchlist. 16 (4) The total number of foreign fighters who 17 have been processed with biometrics, including face 18 images, fingerprints, and iris scans. 19 (5) Any programmatic updates to the foreign 20 fighter report since the last report was submitted, 21 including updated analysis on foreign country co- 22 operation, as well as actions taken, such as denying 23 or revoking visas. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1716 1 (6) A worldwide graphic that describes foreign 2 fighters flows to and from Syria, with points of ori- 3 gin by country. 4 (c) ADDITIONAL REPORT.—Not later than 180 days 5 after the date of the enactment of this Act, the Director 6 of National Intelligence shall submit to the congressional 7 intelligence committees a report that includes— 8 (1) with respect to the travel of foreign fighters 9 to and from Iraq and Syria, a description of the in- 10 telligence sharing relationships between the United 11 States and member states of the European Union 12 and member states of the North Atlantic Treaty Or- 13 ganization; and 14 (2) an analysis of the challenges impeding such 15 intelligence sharing relationships. 16 (d) FORM.—The reports submitted under subsections 17 (a) and (c) may be submitted in classified form. 18 (e) TERMINATION.—The requirement to submit re- 19 ports under subsection (a) shall terminate on the date that 20 is 3 years after the date of the enactment of this Act. 21 SEC. 703. REPORT ON STRATEGY, EFFORTS, AND RE- 22 SOURCES TO DETECT, DETER, AND DEGRADE 23 ISLAMIC STATE REVENUE MECHANISMS. 24 (a) SENSE OF CONGRESS.—It is the sense of Con- 25 gress that the intelligence community should dedicate nec- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1717 1 essary resources to defeating the revenue mechanisms of 2 the Islamic State. 3 (b) REPORT.—Not later than 90 days after the date 4 of the enactment of this Act, the Director of National In5 telligence shall submit to the congressional intelligence 6 committees a report on the strategy, efforts, and resources 7 of the intelligence community that are necessary to detect, 8 deter, and degrade the revenue mechanisms of the Islamic 9 State. 10 SEC. 704. REPORT ON UNITED STATES COUNTERTER- 11 RORISM STRATEGY TO DISRUPT, DISMANTLE, 12 AND DEFEAT THE ISLAMIC STATE, AL-QA’IDA, 13 AND THEIR AFFILIATED GROUPS, ASSOCI- 14 ATED GROUPS, AND ADHERENTS. 15 16 (a) REPORT.— (1) IN GENERAL.—Not later than 180 days 17 after the date of the enactment of this Act, the 18 President shall transmit to the appropriate congres- 19 sional committees a comprehensive report on the 20 counterterrorism strategy of the United States to 21 disrupt, dismantle, and defeat the Islamic State, al- 22 Qa’ida, and their affiliated groups, associated 23 groups, and adherents. 24 (2) COORDINATION.—The report under para- 25 graph (1) shall be prepared in coordination with the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1718 1 Director of National Intelligence, the Secretary of 2 State, the Secretary of the Treasury, the Attorney 3 General, and the Secretary of Defense, and the head 4 of any other department or agency of the Federal 5 Government that has responsibility for activities di- 6 rected at combating the Islamic State, al-Qa’ida, 7 and their affiliated groups, associated groups, and 8 adherents. 9 10 11 (3) ELEMENTS.—The report under by paragraph (1) shall include each of the following: (A) A definition of— 12 (i) core al-Qa’ida, including a list of 13 which known individuals constitute core al- 14 Qa’ida; 15 (ii) the Islamic State, including a list 16 of which known individuals constitute Is- 17 lamic State leadership; 18 (iii) an affiliated group of the Islamic 19 State or al-Qa’ida, including a list of which 20 known groups constitute an affiliate group 21 of the Islamic State or al-Qa’ida; 22 (iv) an associated group of the Islamic 23 State or al-Qa’ida, including a list of which 24 known groups constitute an associated 25 group of the Islamic State or al-Qa’ida; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1719 1 (v) an adherent of the Islamic State 2 or al-Qa’ida, including a list of which 3 known groups constitute an adherent of 4 the Islamic State or al-Qa’ida; and 5 (vi) a group aligned with the Islamic 6 State or al-Qa’ida, including a description 7 of what actions a group takes or state- 8 ments it makes that qualify it as a group 9 aligned with the Islamic State or al-Qa’ida. 10 (B) An assessment of the relationship be- 11 tween all identified Islamic State or al-Qa’ida 12 affiliated groups, associated groups, and adher- 13 ents with Islamic State leadership or core al- 14 Qa’ida. 15 (C) An assessment of the strengthening or 16 weakening of the Islamic State or al-Qa’ida, its 17 affiliated groups, associated groups, and adher- 18 ents, from January 1, 2010, to the present, in- 19 cluding a description of the metrics that are 20 used to assess strengthening or weakening and 21 an assessment of the relative increase or de- 22 crease in violent attacks attributed to such enti- 23 ties. 24 (D) An assessment of whether an indi- 25 vidual can be a member of core al-Qa’ida if December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1720 1 such individual is not located in Afghanistan or 2 Pakistan. 3 (E) An assessment of whether an indi- 4 vidual can be a member of core al-Qa’ida as 5 well as a member of an al-Qa’ida affiliated 6 group, associated group, or adherent. 7 8 (F) A definition of defeat of the Islamic State or core al-Qa’ida. 9 (G) An assessment of the extent or coordi- 10 nation, command, and control between the Is- 11 lamic State or core al-Qa’ida and their affiliated 12 groups, associated groups, and adherents, spe- 13 cifically addressing each such entity. 14 (H) An assessment of the effectiveness of 15 counterterrorism operations against the Islamic 16 State or core al-Qa’ida, their affiliated groups, 17 associated groups, and adherents, and whether 18 such operations have had a sustained impact on 19 the capabilities and effectiveness of the Islamic 20 State or core al-Qa’ida, their affiliated groups, 21 associated groups, and adherents. 22 (4) FORM.—The report under paragraph (1) 23 shall be submitted in unclassified form, but may in- 24 clude a classified annex. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1721 1 (b) APPROPRIATE CONGRESSIONAL COMMITTEES 2 DEFINED.—In this section, the term ‘‘appropriate con3 gressional committees’’ means the following: 4 (1) The congressional intelligence committees. 5 (2) The Committees on Armed Services of the 6 House of Representatives and the Senate. 7 (3) The Committee on Foreign Affairs of the 8 House of Representatives and the Committee on 9 Foreign Relations of the Senate. 10 SEC. 705. REPORT ON EFFECTS OF DATA BREACH OF OF- 11 FICE OF PERSONNEL MANAGEMENT. 12 (a) REPORT.—Not later than 120 days after the date 13 of the enactment of this Act, the President shall transmit 14 to the congressional intelligence committees a report on 15 the data breach of the Office of Personnel Management 16 disclosed in June 2015. 17 (b) MATTERS INCLUDED.—The report under sub- 18 section (a) shall include the following: 19 (1) The effects, if any, of the data breach on 20 the operations of the intelligence community abroad, 21 including the types of operations, if any, that have 22 been negatively affected or entirely suspended or ter- 23 minated as a result of the data breach. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1722 1 (2) An assessment of the effects of the data 2 breach on each element of the intelligence commu- 3 nity. 4 (3) An assessment of how foreign persons, 5 groups, or countries may use the data collected by 6 the data breach (particularly regarding information 7 included in background investigations for security 8 clearances), including with respect to— 9 (A) recruiting intelligence assets; 10 (B) influencing decisionmaking processes 11 within the Federal Government, including re- 12 garding foreign policy decisions; and 13 (C) compromising employees of the Fed- 14 eral Government and friends and families of 15 such employees for the purpose of gaining ac- 16 cess to sensitive national security and economic 17 information. 18 (4) An assessment of which departments or 19 agencies of the Federal Government use the best 20 practices to protect sensitive data, including a sum- 21 mary of any such best practices that were not used 22 by the Office of Personnel Management. 23 (5) An assessment of the best practices used by 24 the departments or agencies identified under para- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1723 1 graph (4) to identify and fix potential vulnerabilities 2 in the systems of the department or agency. 3 (c) BRIEFING.—The Director of National Intelligence 4 shall provide to the congressional intelligence committees 5 an interim briefing on the report under subsection (a), in6 cluding a discussion of proposals and options for respond7 ing to cyber attacks. 8 (d) FORM.—The report under subsection (a) shall be 9 submitted in unclassified form, but may include a classi10 fied annex. 11 SEC. 706. REPORT ON HIRING OF GRADUATES OF CYBER 12 CORPS SCHOLARSHIP PROGRAM BY INTEL- 13 LIGENCE COMMUNITY. 14 (a) IN GENERAL.—Not later than 90 days after the 15 date of the enactment of this Act, the Director of National 16 Intelligence, in coordination with the Director of the Na17 tional Science Foundation, shall submit to the congres18 sional intelligence committees a report on the employment 19 by the intelligence community of graduates of the Cyber 20 Corps Scholarship Program. The report shall include the 21 following: 22 (1) The number of graduates of the Cyber 23 Corps Scholarship Program hired by each element of 24 the intelligence community. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1724 1 (2) A description of how each element of the in- 2 telligence community recruits graduates of the Cyber 3 Corps Scholar Program. 4 (3) A description of any processes available to 5 the intelligence community to expedite the hiring or 6 processing of security clearances for graduates of 7 the Cyber Corps Scholar Program. 8 (4) Recommendations by the Director of Na- 9 tional Intelligence to improve the hiring by the intel- 10 ligence community of graduates of the Cyber Corps 11 Scholarship Program, including any recommenda- 12 tions for legislative action to carry out such improve- 13 ments. 14 (b) CYBER CORPS SCHOLARSHIP PROGRAM DE- 15 FINED.—In this section, the term ‘‘Cyber Corps Scholar- 16 ship Program’’ means the Federal Cyber Scholarship-for17 Service Program under section 302 of the Cybersecurity 18 Enhancement Act of 2014 (15 U.S.C. 7442). 19 SEC. 707. REPORT ON USE OF CERTAIN BUSINESS CON- 20 21 CERNS. (a) IN GENERAL.—Not later than 90 days after the 22 date of the enactment of this Act, the Director of National 23 Intelligence shall submit to the congressional intelligence 24 committees a report on the representation, as of the date 25 of the report, of covered business concerns among the con- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1725 1 tractors that are awarded contracts by elements of the in2 telligence community for goods, equipment, tools, and 3 services. 4 (b) MATTERS INCLUDED.—The report under sub- 5 section (a) shall include the following: 6 (1) The representation of covered business con- 7 cerns as described in subsection (a), including such 8 representation by— 9 10 (A) each type of covered business concern; and 11 (B) each element of the intelligence com- 12 munity. 13 (2) If, as of the date of the enactment of this 14 Act, the Director does not record and monitor the 15 statistics required to carry out this section, a de- 16 scription of the actions taken by the Director to en- 17 sure that such statistics are recorded and monitored 18 beginning in fiscal year 2016. 19 (3) The actions the Director plans to take dur- 20 ing fiscal year 2016 to enhance the awarding of con- 21 tracts to covered business concerns by elements of 22 the intelligence community. 23 (c) COVERED BUSINESS CONCERNS DEFINED.—In 24 this section, the term ‘‘covered business concerns’’ means 25 the following: December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1726 1 (1) Minority-owned businesses. 2 (2) Women-owned businesses. 3 (3) Small disadvantaged businesses. 4 (4) Service-disabled veteran-owned businesses. 5 (5) Veteran-owned small businesses. 6 Subtitle B—Other Matters 7 SEC. 711. USE OF HOMELAND SECURITY GRANT FUNDS IN 8 CONJUNCTION WITH DEPARTMENT OF EN- 9 ERGY NATIONAL LABORATORIES. 10 Section 2008(a) of the Homeland Security Act of 11 2002 (6 U.S.C. 609(a)) is amended in the matter pre12 ceding paragraph (1) by inserting ‘‘including by working 13 in conjunction with a National Laboratory (as defined in 14 section 2(3) of the Energy Policy Act of 2005 (42 U.S.C. 15 15801(3))),’’ after ‘‘plans,’’. 16 SEC. 712. INCLUSION OF CERTAIN MINORITY-SERVING IN- 17 STITUTIONS IN GRANT PROGRAM TO EN- 18 HANCE RECRUITING OF INTELLIGENCE COM- 19 MUNITY WORKFORCE. 20 Section 1024 of the National Security Act of 1947 21 (50 U.S.C. 3224) is amended— 22 (1) in subsection (c)— 23 (A) in paragraph (1), by striking ‘‘histori- 24 cally black colleges and universities and Pre- 25 dominantly Black Institutions’’ and inserting December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1727 1 ‘‘historically black colleges and universities, 2 Predominantly Black Institutions, Hispanic- 3 serving institutions, and Asian American and 4 Native American Pacific Islander-serving insti- 5 tutions’’; and 6 (B) in the subsection heading, by striking 7 ‘‘HISTORICALLY BLACK’’ and inserting ‘‘CER- 8 TAIN 9 (2) in subsection (g)— 10 11 MINORITY-SERVING’’; and (A) by redesignating paragraph (5) as paragraph (7); and 12 (B) by inserting after paragraph (4) the 13 following new paragraphs (5) and (6): 14 ‘‘(5) HISPANIC-SERVING INSTITUTION.—The 15 term ‘Hispanic-serving institution’ has the meaning 16 given that term in section 502(a)(5) of the Higher 17 Education Act of 1965 (20 U.S.C. 1101a(a)(5)). 18 ‘‘(6) ASIAN AMERICAN AND NATIVE AMERICAN 19 PACIFIC 20 term ‘Asian American and Native American Pacific 21 Islander-serving institution’ has the meaning given 22 that term in section 320(b)(2) of the Higher Edu- 23 cation Act of 1965 (20 U.S.C. 1059g(b)(2)).’’. December 16, 2015 (1:04 a.m.) ISLANDER-SERVING INSTITUTION.—The U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1728 1 2 3 DIVISION N—CYBERSECURITY ACT OF 2015 SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 4 (a) SHORT TITLE.—This division may be cited as the 5 ‘‘Cybersecurity Act of 2015’’. 6 (b) TABLE OF CONTENTS.—The table of contents for 7 this division is as follows: Sec. 1. Short title; table of contents. TITLE I—CYBERSECURITY INFORMATION SHARING Sec. Sec. Sec. Sec. 101. 102. 103. 104. Sec. 105. Sec. Sec. Sec. Sec. Sec. 106. 107. 108. 109. 110. Sec. 111. Short title. Definitions. Sharing of information by the Federal Government. Authorizations for preventing, detecting, analyzing, and mitigating cybersecurity threats. Sharing of cyber threat indicators and defensive measures with the Federal Government. Protection from liability. Oversight of Government activities. Construction and preemption. Report on cybersecurity threats. Exception to limitation on authority of Secretary of Defense to disseminate certain information. Effective period. TITLE II—NATIONAL CYBERSECURITY ADVANCEMENT Subtitle A—National Cybersecurity and Communications Integration Center Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 201. 202. 203. 204. 205. 206. 207. 208. 209. 210. 211. Short title. Definitions. Information sharing structure and processes. Information sharing and analysis organizations. National response framework. Report on reducing cybersecurity risks in DHS data centers. Assessment. Multiple simultaneous cyber incidents at critical infrastructure. Report on cybersecurity vulnerabilities of United States ports. Prohibition on new regulatory authority. Termination of reporting requirements. Subtitle B—Federal Cybersecurity Enhancement Sec. Sec. Sec. Sec. 221. 222. 223. 224. December 16, 2015 (1:04 a.m.) Short title. Definitions. Improved Federal network security. Advanced internal defenses. U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1729 Sec. Sec. Sec. Sec. Sec. 225. 226. 227. 228. 229. Federal cybersecurity requirements. Assessment; reports. Termination. Identification of information systems relating to national security. Direction to agencies. TITLE III—FEDERAL CYBERSECURITY WORKFORCE ASSESSMENT Sec. Sec. Sec. Sec. Sec. 301. 302. 303. 304. 305. Short title. Definitions. National cybersecurity workforce measurement initiative. Identification of cyber-related work roles of critical need. Government Accountability Office status reports. TITLE IV—OTHER CYBER MATTERS Sec. Sec. Sec. Sec. Sec. Sec. Sec. 401. 402. 403. 404. 405. 406. 407. TITLE I—CYBERSECURITY INFORMATION SHARING 1 2 3 Study on mobile device security. Department of State international cyberspace policy strategy. Apprehension and prosecution of international cyber criminals. Enhancement of emergency services. Improving cybersecurity in the health care industry. Federal computer security. Stopping the fraudulent sale of financial information of people of the United States. SEC. 101. SHORT TITLE. 4 This title may be cited as the ‘‘Cybersecurity Infor- 5 mation Sharing Act of 2015’’. 6 SEC. 102. DEFINITIONS. 7 In this title: 8 (1) AGENCY.—The term ‘‘agency’’ has the 9 meaning given the term in section 3502 of title 44, 10 11 12 United States Code. (2) ANTITRUST LAWS.—The term ‘‘antitrust laws’’— 13 (A) has the meaning given the term in the 14 first section of the Clayton Act (15 U.S.C. 12); December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1730 1 (B) includes section 5 of the Federal 2 Trade Commission Act (15 U.S.C. 45) to the 3 extent that section 5 of that Act applies to un- 4 fair methods of competition; and 5 (C) includes any State antitrust law, but 6 only to the extent that such law is consistent 7 with the law referred to in subparagraph (A) or 8 the law referred to in subparagraph (B). 9 (3) APPROPRIATE FEDERAL ENTITIES.—The 10 term ‘‘appropriate Federal entities’’ means the fol- 11 lowing: 12 (A) The Department of Commerce. 13 (B) The Department of Defense. 14 (C) The Department of Energy. 15 (D) The Department of Homeland Secu- 16 rity. 17 (E) The Department of Justice. 18 (F) The Department of the Treasury. 19 (G) The Office of the Director of National 20 Intelligence. 21 (4) CYBERSECURITY PURPOSE.—The term 22 ‘‘cybersecurity purpose’’ means the purpose of pro- 23 tecting an information system or information that is 24 stored on, processed by, or transiting an information December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1731 1 system from a cybersecurity threat or security vul- 2 nerability. 3 (5) CYBERSECURITY 4 (A) IN THREAT.— GENERAL.—Except as provided in 5 subparagraph (B), the term ‘‘cybersecurity 6 threat’’ means an action, not protected by the 7 First Amendment to the Constitution of the 8 United States, on or through an information 9 system that may result in an unauthorized ef- 10 fort to adversely impact the security, avail- 11 ability, confidentiality, or integrity of an infor- 12 mation system or information that is stored on, 13 processed by, or transiting an information sys- 14 tem. 15 (B) EXCLUSION.—The term ‘‘cybersecurity 16 threat’’ does not include any action that solely 17 involves a violation of a consumer term of serv- 18 ice or a consumer licensing agreement. 19 (6) CYBER THREAT INDICATOR.—The term 20 ‘‘cyber threat indicator’’ means information that is 21 necessary to describe or identify— 22 (A) malicious reconnaissance, including 23 anomalous patterns of communications that ap- 24 pear to be transmitted for the purpose of gath- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1732 1 ering 2 cybersecurity threat or security vulnerability; 3 4 technical information related to a (B) a method of defeating a security control or exploitation of a security vulnerability; 5 (C) a security vulnerability, including 6 anomalous activity that appears to indicate the 7 existence of a security vulnerability; 8 (D) a method of causing a user with legiti- 9 mate access to an information system or infor- 10 mation that is stored on, processed by, or 11 transiting an information system to unwittingly 12 enable the defeat of a security control or exploi- 13 tation of a security vulnerability; 14 (E) malicious cyber command and control; 15 (F) the actual or potential harm caused by 16 an incident, including a description of the infor- 17 mation exfiltrated as a result of a particular 18 cybersecurity threat; 19 (G) any other attribute of a cybersecurity 20 threat, if disclosure of such attribute is not oth- 21 erwise prohibited by law; or 22 (H) any combination thereof. 23 (7) DEFENSIVE 24 (A) IN 25 December 16, 2015 (1:04 a.m.) MEASURE.— GENERAL.—Except as provided in subparagraph (B), the term ‘‘defensive meas- U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1733 1 ure’’ means an action, device, procedure, signa- 2 ture, technique, or other measure applied to an 3 information system or information that is 4 stored on, processed by, or transiting an infor- 5 mation system that detects, prevents, or miti- 6 gates a known or suspected cybersecurity threat 7 or security vulnerability. 8 (B) EXCLUSION.—The term ‘‘defensive 9 measure’’ does not include a measure that de- 10 stroys, renders unusable, provides unauthorized 11 access to, or substantially harms an information 12 system or information stored on, processed by, 13 or transiting such information system not 14 owned by— 15 (i) the private entity operating the 16 measure; or 17 (ii) another entity or Federal entity 18 that is authorized to provide consent and 19 has provided consent to that private entity 20 for operation of such measure. 21 (8) FEDERAL ENTITY.—The term ‘‘Federal en- 22 tity’’ means a department or agency of the United 23 States or any component of such department or 24 agency. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1734 1 2 (9) INFORMATION SYSTEM.—The term ‘‘infor- mation system’’— 3 (A) has the meaning given the term in sec- 4 tion 3502 of title 44, United States Code; and 5 (B) includes industrial control systems, 6 such as supervisory control and data acquisition 7 systems, distributed control systems, and pro- 8 grammable logic controllers. 9 (10) LOCAL GOVERNMENT.—The term ‘‘local 10 government’’ means any borough, city, county, par- 11 ish, town, township, village, or other political sub- 12 division of a State. 13 (11) MALICIOUS CYBER COMMAND AND CON- 14 TROL.—The 15 control’’ means a method for unauthorized remote 16 identification of, access to, or use of, an information 17 system or information that is stored on, processed 18 by, or transiting an information system. 19 term ‘‘malicious cyber command and (12) MALICIOUS RECONNAISSANCE.—The term 20 ‘‘malicious reconnaissance’’ means a method for ac- 21 tively probing or passively monitoring an information 22 system for the purpose of discerning security 23 vulnerabilities of the information system, if such 24 method is associated with a known or suspected 25 cybersecurity threat. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1735 1 (13) MONITOR.—The term ‘‘monitor’’ means to 2 acquire, identify, or scan, or to possess, information 3 that is stored on, processed by, or transiting an in- 4 formation system. 5 6 (14) NON-FEDERAL (A) IN ENTITY.— GENERAL.—Except as otherwise 7 provided in this paragraph, the term ‘‘non-Fed- 8 eral entity’’ means any private entity, non-Fed- 9 eral government agency or department, or 10 State, tribal, or local government (including a 11 political subdivision, department, or component 12 thereof). 13 (B) INCLUSIONS.—The term ‘‘non-Federal 14 entity’’ includes a government agency or depart- 15 ment of the District of Columbia, the Common- 16 wealth of Puerto Rico, the United States Virgin 17 Islands, Guam, American Samoa, the Northern 18 Mariana Islands, and any other territory or 19 possession of the United States. 20 (C) EXCLUSION.—The term ‘‘non-Federal 21 entity’’ does not include a foreign power as de- 22 fined in section 101 of the Foreign Intelligence 23 Surveillance Act of 1978 (50 U.S.C. 1801). 24 (15) PRIVATE December 16, 2015 (1:04 a.m.) ENTITY.— U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1736 1 (A) IN GENERAL.—Except as otherwise 2 provided in this paragraph, the term ‘‘private 3 entity’’ means any person or private group, or- 4 ganization, proprietorship, partnership, trust, 5 cooperative, corporation, or other commercial or 6 nonprofit entity, including an officer, employee, 7 or agent thereof. 8 (B) INCLUSION.—The term ‘‘private enti- 9 ty’’ includes a State, tribal, or local government 10 performing utility services, such as electric, nat- 11 ural gas, or water services. 12 (C) EXCLUSION.—The term ‘‘private enti- 13 ty’’ does not include a foreign power as defined 14 in section 101 of the Foreign Intelligence Sur- 15 veillance Act of 1978 (50 U.S.C. 1801). 16 (16) SECURITY CONTROL.—The term ‘‘security 17 control’’ means the management, operational, and 18 technical controls used to protect against an unau- 19 thorized effort to adversely affect the confidentiality, 20 integrity, and availability of an information system 21 or its information. 22 (17) SECURITY VULNERABILITY.—The term 23 ‘‘security vulnerability’’ means any attribute of hard- 24 ware, software, process, or procedure that could en- 25 able or facilitate the defeat of a security control. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1737 1 (18) TRIBAL.—The term ‘‘tribal’’ has the 2 meaning given the term ‘‘Indian tribe’’ in section 4 3 of the Indian Self-Determination and Education As- 4 sistance Act (25 U.S.C. 450b). 5 SEC. 103. SHARING OF INFORMATION BY THE FEDERAL 6 7 GOVERNMENT. (a) IN GENERAL.—Consistent with the protection of 8 classified information, intelligence sources and methods, 9 and privacy and civil liberties, the Director of National 10 Intelligence, the Secretary of Homeland Security, the Sec11 retary of Defense, and the Attorney General, in consulta12 tion with the heads of the appropriate Federal entities, 13 shall jointly develop and issue procedures to facilitate and 14 promote— 15 (1) the timely sharing of classified cyber threat 16 indicators and defensive measures in the possession 17 of the Federal Government with representatives of 18 relevant Federal entities and non-Federal entities 19 that have appropriate security clearances; 20 (2) the timely sharing with relevant Federal en- 21 tities and non-Federal entities of cyber threat indica- 22 tors, defensive measures, and information relating to 23 cybersecurity threats or authorized uses under this 24 title, in the possession of the Federal Government December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1738 1 that may be declassified and shared at an unclassi- 2 fied level; 3 (3) the timely sharing with relevant Federal en- 4 tities and non-Federal entities, or the public if ap- 5 propriate, of unclassified, including controlled un- 6 classified, cyber threat indicators and defensive 7 measures in the possession of the Federal Govern- 8 ment; 9 (4) the timely sharing with Federal entities and 10 non-Federal entities, if appropriate, of information 11 relating to cybersecurity threats or authorized uses 12 under this title, in the possession of the Federal 13 Government about cybersecurity threats to such en- 14 tities to prevent or mitigate adverse effects from 15 such cybersecurity threats; and 16 (5) the periodic sharing, through publication 17 and targeted outreach, of cybersecurity best prac- 18 tices that are developed based on ongoing analyses 19 of cyber threat indicators, defensive measures, and 20 information relating to cybersecurity threats or au- 21 thorized uses under this title, in the possession of 22 the Federal Government, with attention to accessi- 23 bility and implementation challenges faced by small 24 business concerns (as defined in section 3 of the 25 Small Business Act (15 U.S.C. 632)). December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1739 1 2 3 (b) DEVELOPMENT OF PROCEDURES.— (1) IN GENERAL.—The procedures developed under subsection (a) shall— 4 (A) ensure the Federal Government has 5 and maintains the capability to share cyber 6 threat indicators and defensive measures in real 7 time consistent with the protection of classified 8 information; 9 (B) incorporate, to the greatest extent 10 practicable, existing processes and existing roles 11 and responsibilities of Federal entities and non- 12 Federal entities for information sharing by the 13 Federal Government, including sector specific 14 information sharing and analysis centers; 15 (C) include procedures for notifying, in a 16 timely manner, Federal entities and non-Fed- 17 eral entities that have received a cyber threat 18 indicator or defensive measure from a Federal 19 entity under this title that is known or deter- 20 mined to be in error or in contravention of the 21 requirements of this title or another provision 22 of Federal law or policy of such error or con- 23 travention; 24 (D) include requirements for Federal enti- 25 ties sharing cyber threat indicators or defensive December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1740 1 measures to implement and utilize security con- 2 trols to protect against unauthorized access to 3 or acquisition of such cyber threat indicators or 4 defensive measures; 5 (E) include procedures that require a Fed- 6 eral entity, prior to the sharing of a cyber 7 threat indicator— 8 (i) to review such cyber threat indi- 9 cator to assess whether such cyber threat 10 indicator contains any information not di- 11 rectly related to a cybersecurity threat that 12 such Federal entity knows at the time of 13 sharing to be personal information of a 14 specific individual or information that 15 identifies a specific individual and remove 16 such information; or 17 (ii) to implement and utilize a tech- 18 nical capability configured to remove any 19 information not directly related to a 20 cybersecurity threat that the Federal entity 21 knows at the time of sharing to be per- 22 sonal information of a specific individual or 23 information that identifies a specific indi- 24 vidual; and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1741 1 (F) include procedures for notifying, in a 2 timely manner, any United States person whose 3 personal information is known or determined to 4 have been shared by a Federal entity in viola- 5 tion of this title. 6 (2) CONSULTATION.—In developing the proce- 7 dures required under this section, the Director of 8 National Intelligence, the Secretary of Homeland Se- 9 curity, the Secretary of Defense, and the Attorney 10 General shall consult with appropriate Federal enti- 11 ties, including the Small Business Administration 12 and the National Laboratories (as defined in section 13 2 of the Energy Policy Act of 2005 (42 U.S.C. 14 15801)), to ensure that effective protocols are imple- 15 mented that will facilitate and promote the sharing 16 of cyber threat indicators by the Federal Govern- 17 ment in a timely manner. 18 (c) SUBMITTAL TO CONGRESS.—Not later than 60 19 days after the date of the enactment of this Act, the Direc20 tor of National Intelligence, in consultation with the heads 21 of the appropriate Federal entities, shall submit to Con22 gress the procedures required by subsection (a). December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1742 1 SEC. 104. AUTHORIZATIONS FOR PREVENTING, DETECTING, 2 ANALYZING, 3 CYBERSECURITY THREATS. 4 5 AND (a) AUTHORIZATION FOR MONITORING.— (1) IN GENERAL.—Notwithstanding 6 provision 7 cybersecurity purposes, monitor— 8 9 MITIGATING of law, a private entity any other may, for (A) an information system of such private entity; 10 (B) an information system of another non- 11 Federal entity, upon the authorization and writ- 12 ten consent of such other entity; 13 (C) an information system of a Federal en- 14 tity, upon the authorization and written consent 15 of an authorized representative of the Federal 16 entity; and 17 (D) information that is stored on, proc- 18 essed by, or transiting an information system 19 monitored by the private entity under this para- 20 graph. 21 (2) CONSTRUCTION.—Nothing in this sub- 22 section shall be construed— 23 (A) to authorize the monitoring of an in- 24 formation system, or the use of any information 25 obtained through such monitoring, other than 26 as provided in this title; or December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1743 1 2 (B) to limit otherwise lawful activity. (b) AUTHORIZATION FOR OPERATION OF DEFENSIVE 3 MEASURES.— 4 (1) IN GENERAL.—Notwithstanding any other 5 provision 6 cybersecurity purposes, operate a defensive measure 7 that is applied to— of law, a private entity may, for 8 (A) an information system of such private 9 entity in order to protect the rights or property 10 of the private entity; 11 (B) an information system of another non- 12 Federal entity upon written consent of such en- 13 tity for operation of such defensive measure to 14 protect the rights or property of such entity; 15 and 16 (C) an information system of a Federal en- 17 tity upon written consent of an authorized rep- 18 resentative of such Federal entity for operation 19 of such defensive measure to protect the rights 20 or property of the Federal Government. 21 (2) CONSTRUCTION.—Nothing in this sub- 22 section shall be construed— 23 (A) to authorize the use of a defensive 24 measure other than as provided in this sub- 25 section; or December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1744 1 (B) to limit otherwise lawful activity. 2 (c) AUTHORIZATION FOR SHARING 3 CYBER THREAT INDICATORS 4 OR RECEIVING OR DEFENSIVE MEAS- GENERAL.—Except as provided in para- URES.— 5 (1) IN 6 graph (2) and notwithstanding any other provision 7 of law, a non-Federal entity may, for a cybersecurity 8 purpose and consistent with the protection of classi- 9 fied information, share with, or receive from, any 10 other non-Federal entity or the Federal Government 11 a cyber threat indicator or defensive measure. 12 (2) LAWFUL RESTRICTION.—A non-Federal en- 13 tity receiving a cyber threat indicator or defensive 14 measure from another non-Federal entity or a Fed- 15 eral entity shall comply with otherwise lawful restric- 16 tions placed on the sharing or use of such cyber 17 threat indicator or defensive measure by the sharing 18 non-Federal entity or Federal entity. 19 20 (3) CONSTRUCTION.—Nothing in this subsection shall be construed— 21 (A) to authorize the sharing or receiving of 22 a cyber threat indicator or defensive measure 23 other than as provided in this subsection; or 24 (B) to limit otherwise lawful activity. 25 (d) PROTECTION AND USE OF INFORMATION.— December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1745 1 (1) SECURITY OF INFORMATION.—A non-Fed- 2 eral entity monitoring an information system, oper- 3 ating a defensive measure, or providing or receiving 4 a cyber threat indicator or defensive measure under 5 this section shall implement and utilize a security 6 control to protect against unauthorized access to or 7 acquisition of such cyber threat indicator or defen- 8 sive measure. 9 (2) REMOVAL OF CERTAIN PERSONAL INFORMA- 10 TION.—A 11 indicator pursuant to this title shall, prior to such 12 sharing— non-Federal entity sharing a cyber threat 13 (A) review such cyber threat indicator to 14 assess whether such cyber threat indicator con- 15 tains any information not directly related to a 16 cybersecurity threat that the non-Federal entity 17 knows at the time of sharing to be personal in- 18 formation of a specific individual or information 19 that identifies a specific individual and remove 20 such information; or 21 (B) implement and utilize a technical capa- 22 bility configured to remove any information not 23 directly related to a cybersecurity threat that 24 the non-Federal entity knows at the time of 25 sharing to be personal information of a specific December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1746 1 individual or information that identifies a spe- 2 cific individual. 3 (3) USE 4 DEFENSIVE 5 TIES.— 6 OF CYBER THREAT INDICATORS AND MEASURES (A) IN BY NON-FEDERAL GENERAL.—Consistent ENTI- with this 7 title, a cyber threat indicator or defensive meas- 8 ure shared or received under this section may, 9 for cybersecurity purposes— 10 (i) be used by a non-Federal entity to 11 monitor or operate a defensive measure 12 that is applied to— 13 14 (I) an information system of the non-Federal entity; or 15 (II) an information system of an- 16 other non-Federal entity or a Federal 17 entity upon the written consent of 18 that other non-Federal entity or that 19 Federal entity; and 20 (ii) be otherwise used, retained, and 21 further shared by a non-Federal entity 22 subject to— 23 (I) an otherwise lawful restriction 24 placed by the sharing non-Federal en- 25 tity or Federal entity on such cyber December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1747 1 threat indicator or defensive measure; 2 or 3 (II) an otherwise applicable pro- 4 5 vision of law. (B) CONSTRUCTION.—Nothing in this 6 paragraph shall be construed to authorize the 7 use of a cyber threat indicator or defensive 8 measure other than as provided in this section. 9 (4) USE 10 11 OF CYBER THREAT INDICATORS BY STATE, TRIBAL, OR LOCAL GOVERNMENT.— (A) LAW ENFORCEMENT USE.—A State, 12 tribal, or local government that receives a cyber 13 threat indicator or defensive measure under this 14 title may use such cyber threat indicator or de- 15 fensive measure for the purposes described in 16 section 105(d)(5)(A). 17 (B) EXEMPTION FROM DISCLOSURE.—A 18 cyber threat indicator or defensive measure 19 shared by or with a State, tribal, or local gov- 20 ernment, including a component of a State, 21 tribal, or local government that is a private en- 22 tity, under this section shall be— 23 24 December 16, 2015 (1:04 a.m.) (i) deemed voluntarily shared information; and U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1748 1 (ii) exempt from disclosure under any 2 provision of State, tribal, or local freedom 3 of information law, open government law, 4 open meetings law, open records law, sun- 5 shine law, or similar law requiring disclo- 6 sure of information or records. 7 (C) STATE, 8 9 TRIBAL, AND LOCAL REGU- LATORY AUTHORITY.— (i) IN GENERAL.—Except as provided 10 in clause (ii), a cyber threat indicator or 11 defensive measure shared with a State, 12 tribal, or local government under this title 13 shall not be used by any State, tribal, or 14 local government to regulate, including an 15 enforcement action, the lawful activity of 16 any non-Federal entity or any activity 17 taken by a non-Federal entity pursuant to 18 mandatory standards, including an activity 19 relating to monitoring, operating a defen- 20 sive measure, or sharing of a cyber threat 21 indicator. 22 (ii) REGULATORY AUTHORITY SPE- 23 CIFICALLY RELATING TO PREVENTION OR 24 MITIGATION 25 THREATS.—A December 16, 2015 (1:04 a.m.) OF CYBERSECURITY cyber threat indicator or de- U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1749 1 fensive measure shared as described in 2 clause (i) may, consistent with a State, 3 tribal, or local government regulatory au- 4 thority specifically relating to the preven- 5 tion or mitigation of cybersecurity threats 6 to information systems, inform the devel- 7 opment or implementation of a regulation 8 relating to such information systems. 9 10 (e) ANTITRUST EXEMPTION.— (1) IN GENERAL.—Except as provided in sec- 11 tion 108(e), it shall not be considered a violation of 12 any provision of antitrust laws for 2 or more private 13 entities to exchange or provide a cyber threat indi- 14 cator or defensive measure, or assistance relating to 15 the prevention, investigation, or mitigation of a 16 cybersecurity threat, for cybersecurity purposes 17 under this title. 18 (2) APPLICABILITY.—Paragraph (1) shall apply 19 only to information that is exchanged or assistance 20 provided in order to assist with— 21 (A) facilitating the prevention, investiga- 22 tion, or mitigation of a cybersecurity threat to 23 an information system or information that is 24 stored on, processed by, or transiting an infor- 25 mation system; or December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1750 1 (B) communicating or disclosing a cyber 2 threat indicator to help prevent, investigate, or 3 mitigate the effect of a cybersecurity threat to 4 an information system or information that is 5 stored on, processed by, or transiting an infor- 6 mation system. 7 (f) NO RIGHT OR BENEFIT.—The sharing of a cyber 8 threat indicator or defensive measure with a non-Federal 9 entity under this title shall not create a right or benefit 10 to similar information by such non-Federal entity or any 11 other non-Federal entity. 12 SEC. 105. SHARING OF CYBER THREAT INDICATORS AND 13 DEFENSIVE MEASURES WITH THE FEDERAL 14 GOVERNMENT. 15 16 (a) REQUIREMENT FOR POLICIES AND PROCE- DURES.— 17 (1) INTERIM POLICIES AND PROCEDURES.—Not 18 later than 60 days after the date of the enactment 19 of this Act, the Attorney General and the Secretary 20 of Homeland Security shall, in consultation with the 21 heads of the appropriate Federal entities, jointly de- 22 velop and submit to Congress interim policies and 23 procedures relating to the receipt of cyber threat in- 24 dicators and defensive measures by the Federal Gov- 25 ernment. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1751 1 (2) FINAL POLICIES AND PROCEDURES.—Not 2 later than 180 days after the date of the enactment 3 of this Act, the Attorney General and the Secretary 4 of Homeland Security shall, in consultation with the 5 heads of the appropriate Federal entities, jointly 6 issue and make publicly available final policies and 7 procedures relating to the receipt of cyber threat in- 8 dicators and defensive measures by the Federal Gov- 9 ernment. 10 (3) REQUIREMENTS CONCERNING POLICIES AND 11 PROCEDURES.—Consistent 12 quired by subsection (b), the policies and procedures 13 developed or issued under this subsection shall— with the guidelines re- 14 (A) ensure that cyber threat indicators 15 shared with the Federal Government by any 16 non-Federal entity pursuant to section 104(c) 17 through the real-time process described in sub- 18 section (c) of this section— 19 (i) are shared in an automated man- 20 ner with all of the appropriate Federal en- 21 tities; 22 (ii) are only subject to a delay, modi- 23 fication, or other action due to controls es- 24 tablished for such real-time process that 25 could impede real-time receipt by all of the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1752 1 appropriate Federal entities when the 2 delay, modification, or other action is due 3 to controls— 4 (I) agreed upon unanimously by 5 all of the heads of the appropriate 6 Federal entities; 7 (II) carried out before any of the 8 appropriate Federal entities retains or 9 uses the cyber threat indicators or de- 10 fensive measures; and 11 (III) uniformly applied such that 12 each of the appropriate Federal enti- 13 ties is subject to the same delay, 14 modification, or other action; and 15 (iii) may be provided to other Federal 16 entities; 17 (B) ensure that cyber threat indicators 18 shared with the Federal Government by any 19 non-Federal entity pursuant to section 104 in a 20 manner other than the real-time process de- 21 scribed in subsection (c) of this section— 22 (i) are shared as quickly as operation- 23 ally practicable with all of the appropriate 24 Federal entities; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1753 1 (ii) are not subject to any unnecessary 2 delay, interference, or any other action 3 that could impede receipt by all of the ap- 4 propriate Federal entities; and 5 (iii) may be provided to other Federal 6 entities; and 7 (C) ensure there are— 8 (i) audit capabilities; and 9 (ii) appropriate sanctions in place for 10 officers, employees, or agents of a Federal 11 entity who knowingly and willfully conduct 12 activities under this title in an unauthor- 13 ized manner. 14 (4) GUIDELINES 15 THREAT 16 MENT.— 17 FOR ENTITIES SHARING CYBER INDICATORS (A) IN WITH FEDERAL GENERAL.—Not GOVERN- later than 60 days 18 after the date of the enactment of this Act, the 19 Attorney General and the Secretary of Home- 20 land Security shall jointly develop and make 21 publicly available guidance to assist entities and 22 promote sharing of cyber threat indicators with 23 Federal entities under this title. 24 (B) CONTENTS.—The guidelines developed 25 and made publicly available under subpara- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1754 1 graph (A) shall include guidance on the fol- 2 lowing: 3 (i) Identification of types of informa- 4 tion that would qualify as a cyber threat 5 indicator under this title that would be un- 6 likely to include information that— 7 8 (I) is not directly related to a cybersecurity threat; and 9 (II) is personal information of a 10 specific individual or information that 11 identifies a specific individual. 12 (ii) Identification of types of informa- 13 tion protected under otherwise applicable 14 privacy laws that are unlikely to be directly 15 related to a cybersecurity threat. 16 (iii) Such other matters as the Attor- 17 ney General and the Secretary of Home- 18 land Security consider appropriate for enti- 19 ties sharing cyber threat indicators with 20 Federal entities under this title. 21 22 (b) PRIVACY AND CIVIL LIBERTIES.— (1) INTERIM GUIDELINES.—Not later than 60 23 days after the date of the enactment of this Act, the 24 Attorney General and the Secretary of Homeland 25 Security shall, in consultation with heads of the ap- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1755 1 propriate Federal entities and in consultation with 2 officers designated under section 1062 of the Na- 3 tional Security Intelligence Reform Act of 2004 (42 4 U.S.C. 2000ee–1), jointly develop, submit to Con- 5 gress, and make available to the public interim 6 guidelines relating to privacy and civil liberties which 7 shall govern the receipt, retention, use, and dissemi- 8 nation of cyber threat indicators by a Federal entity 9 obtained in connection with activities authorized in 10 11 12 this title. (2) FINAL GUIDELINES.— (A) IN GENERAL.—Not later than 180 13 days after the date of the enactment of this 14 Act, the Attorney General and the Secretary of 15 Homeland Security shall, in coordination with 16 heads of the appropriate Federal entities and in 17 consultation with officers designated under sec- 18 tion 1062 of the National Security Intelligence 19 Reform Act of 2004 (42 U.S.C. 2000ee–1) and 20 such private entities with industry expertise as 21 the Attorney General and the Secretary con- 22 sider relevant, jointly issue and make publicly 23 available final guidelines relating to privacy and 24 civil liberties which shall govern the receipt, re- 25 tention, use, and dissemination of cyber threat December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1756 1 indicators by a Federal entity obtained in con- 2 nection with activities authorized in this title. 3 (B) PERIODIC REVIEW.—The Attorney 4 General and the Secretary of Homeland Secu- 5 rity shall, in coordination with heads of the ap- 6 propriate Federal entities and in consultation 7 with officers and private entities described in 8 subparagraph (A), periodically, but not less fre- 9 quently than once every 2 years, jointly review 10 the guidelines issued under subparagraph (A). 11 (3) CONTENT.—The guidelines required by 12 paragraphs (1) and (2) shall, consistent with the 13 need 14 cybersecurity threats and mitigate cybersecurity 15 threats— to protect information systems from 16 (A) limit the effect on privacy and civil lib- 17 erties of activities by the Federal Government 18 under this title; 19 (B) limit the receipt, retention, use, and 20 dissemination of cyber threat indicators con- 21 taining personal information of specific individ- 22 uals or information that identifies specific indi- 23 viduals, including by establishing— 24 (i) a process for the timely destruction 25 of such information that is known not to December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1757 1 be directly related to uses authorized under 2 this title; and 3 (ii) specific limitations on the length 4 of any period in which a cyber threat indi- 5 cator may be retained; 6 (C) include requirements to safeguard 7 cyber threat indicators containing personal in- 8 formation of specific individuals or information 9 that identifies specific individuals from unau- 10 thorized access or acquisition, including appro- 11 priate sanctions for activities by officers, em- 12 ployees, or agents of the Federal Government in 13 contravention of such guidelines; 14 (D) consistent with this title, any other ap- 15 plicable provisions of law, and the fair informa- 16 tion practice principles set forth in appendix A 17 of the document entitled ‘‘National Strategy for 18 Trusted Identities in Cyberspace’’ and pub- 19 lished by the President in April 2011, govern 20 the retention, use, and dissemination by the 21 Federal Government of cyber threat indicators 22 shared with the Federal Government under this 23 title, including the extent, if any, to which such 24 cyber threat indicators may be used by the Fed- 25 eral Government; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1758 1 (E) include procedures for notifying enti- 2 ties and Federal entities if information received 3 pursuant to this section is known or determined 4 by a Federal entity receiving such information 5 not to constitute a cyber threat indicator; 6 (F) protect the confidentiality of cyber 7 threat indicators containing personal informa- 8 tion of specific individuals or information that 9 identifies specific individuals to the greatest ex- 10 tent practicable and require recipients to be in- 11 formed that such indicators may only be used 12 for purposes authorized under this title; and 13 (G) include steps that may be needed so 14 that dissemination of cyber threat indicators is 15 consistent with the protection of classified and 16 other sensitive national security information. 17 (c) CAPABILITY AND PROCESS WITHIN THE DEPART- 18 MENT OF 19 HOMELAND SECURITY.— (1) IN GENERAL.—Not later than 90 days after 20 the date of the enactment of this Act, the Secretary 21 of Homeland Security, in coordination with the 22 heads of the appropriate Federal entities, shall de- 23 velop and implement a capability and process within 24 the Department of Homeland Security that— December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1759 1 (A) shall accept from any non-Federal en- 2 tity in real time cyber threat indicators and de- 3 fensive measures, pursuant to this section; 4 (B) shall, upon submittal of the certifi- 5 cation under paragraph (2) that such capability 6 and process fully and effectively operates as de- 7 scribed in such paragraph, be the process by 8 which the Federal Government receives cyber 9 threat indicators and defensive measures under 10 this title that are shared by a non-Federal enti- 11 ty with the Federal Government through elec- 12 tronic mail or media, an interactive form on an 13 Internet website, or a real time, automated 14 process between information systems except— 15 (i) consistent with section 104, com- 16 munications between a Federal entity and 17 a non-Federal entity regarding a previously 18 shared cyber threat indicator to describe 19 the relevant cybersecurity threat or develop 20 a defensive measure based on such cyber 21 threat indicator; and 22 (ii) communications by a regulated 23 non-Federal entity with such entity’s Fed- 24 eral 25 cybersecurity threat; December 16, 2015 (1:04 a.m.) regulatory authority regarding a U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1760 1 (C) ensures that all of the appropriate 2 Federal entities receive in an automated man- 3 ner such cyber threat indicators and defensive 4 measures shared through the real-time process 5 within the Department of Homeland Security; 6 (D) is in compliance with the policies, pro- 7 cedures, and guidelines required by this section; 8 and 9 (E) does not limit or prohibit otherwise 10 lawful disclosures of communications, records, 11 or other information, including— 12 (i) reporting of known or suspected 13 criminal activity, by a non-Federal entity 14 to any other non-Federal entity or a Fed- 15 eral entity, including cyber threat indica- 16 tors or defensive measures shared with a 17 Federal entity in furtherance of opening a 18 Federal law enforcement investigation; 19 20 (ii) voluntary or legally compelled participation in a Federal investigation; and 21 (iii) providing cyber threat indicators 22 or defensive measures as part of a statu- 23 tory or authorized contractual requirement. 24 December 16, 2015 (1:04 a.m.) (2) CERTIFICATION AND DESIGNATION.— U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1761 1 (A) CERTIFICATION OF CAPABILITY AND 2 PROCESS.—Not 3 date of the enactment of this Act, the Secretary 4 of Homeland Security shall, in consultation 5 with the heads of the appropriate Federal enti- 6 ties, submit to Congress a certification as to 7 whether the capability and process required by 8 paragraph (1) fully and effectively operates— later than 90 days after the 9 (i) as the process by which the Fed- 10 eral Government receives from any non- 11 Federal entity a cyber threat indicator or 12 defensive measure under this title; and 13 (ii) in accordance with the interim 14 policies, procedures, and guidelines devel- 15 oped under this title. 16 (B) DESIGNATION.— 17 (i) IN GENERAL.—At any time after 18 certification is submitted under subpara- 19 graph (A), the President may designate an 20 appropriate Federal entity, other than the 21 Department of Defense (including the Na- 22 tional Security Agency), to develop and im- 23 plement a capability and process as de- 24 scribed in paragraph (1) in addition to the 25 capability and process developed under December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1762 1 such paragraph by the Secretary of Home- 2 land Security, if, not fewer than 30 days 3 before making such designation, the Presi- 4 dent submits to Congress a certification 5 and explanation that— 6 (I) such designation is necessary 7 to ensure that full, effective, and se- 8 cure operation of a capability and 9 process for the Federal Government 10 to receive from any non-Federal entity 11 cyber threat indicators or defensive 12 measures under this title; 13 (II) the designated appropriate 14 Federal entity will receive and share 15 cyber threat indicators and defensive 16 measures in accordance with the poli- 17 cies, procedures, and guidelines devel- 18 oped under this title, including sub- 19 section (a)(3)(A); and 20 (III) such designation is con- 21 sistent with the mission of such ap- 22 propriate Federal entity and improves 23 the ability of the Federal Government 24 to receive, share, and use cyber threat December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1763 1 indicators and defensive measures as 2 authorized under this title. 3 (ii) APPLICATION TO ADDITIONAL CA- 4 PABILITY AND PROCESS.—If 5 designates an appropriate Federal entity to 6 develop and implement a capability and 7 process under clause (i), the provisions of 8 this title that apply to the capability and 9 process required by paragraph (1) shall 10 also be construed to apply to the capability 11 and process developed and implemented 12 under clause (i). 13 (3) PUBLIC the President NOTICE AND ACCESS.—The Sec- 14 retary of Homeland Security shall ensure there is 15 public notice of, and access to, the capability and 16 process developed and implemented under paragraph 17 (1) so that— 18 (A) any non-Federal entity may share 19 cyber threat indicators and defensive measures 20 through such process with the Federal Govern- 21 ment; and 22 (B) all of the appropriate Federal entities 23 receive such cyber threat indicators and defen- 24 sive measures in real time with receipt through 25 the process within the Department of Home- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1764 1 land Security consistent with the policies and 2 procedures issued under subsection (a). 3 (4) OTHER FEDERAL ENTITIES.—The process 4 developed and implemented under paragraph (1) 5 shall ensure that other Federal entities receive in a 6 timely manner any cyber threat indicators and de- 7 fensive measures shared with the Federal Govern- 8 ment through such process. 9 (d) INFORMATION SHARED WITH 10 THE 11 OR PROVIDED TO FEDERAL GOVERNMENT.— (1) NO WAIVER OF PRIVILEGE OR PROTEC- 12 TION.—The 13 defensive measures to the Federal Government 14 under this title shall not constitute a waiver of any 15 applicable privilege or protection provided by law, in- 16 cluding trade secret protection. 17 provision of cyber threat indicators and (2) PROPRIETARY INFORMATION.—Consistent 18 with section 104(c)(2) and any other applicable pro- 19 vision of law, a cyber threat indicator or defensive 20 measure provided by a non-Federal entity to the 21 Federal Government under this title shall be consid- 22 ered the commercial, financial, and proprietary in- 23 formation of such non-Federal entity when so des- 24 ignated by the originating non-Federal entity or a December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1765 1 third party acting in accordance with the written au- 2 thorization of the originating non-Federal entity. 3 (3) EXEMPTION FROM DISCLOSURE.—A cyber 4 threat indicator or defensive measure shared with 5 the Federal Government under this title shall be— 6 (A) deemed voluntarily shared information 7 and exempt from disclosure under section 552 8 of title 5, United States Code, and any State, 9 tribal, or local provision of law requiring disclo- 10 sure of information or records; and 11 (B) withheld, without discretion, from the 12 public under section 552(b)(3)(B) of title 5, 13 United States Code, and any State, tribal, or 14 local provision of law requiring disclosure of in- 15 formation or records. 16 (4) EX PARTE COMMUNICATIONS.—The provi- 17 sion of a cyber threat indicator or defensive measure 18 to the Federal Government under this title shall not 19 be subject to a rule of any Federal agency or depart- 20 ment or any judicial doctrine regarding ex parte 21 communications with a decision-making official. 22 23 (5) DISCLOSURE, (A) RETENTION, AND USE.— AUTHORIZED ACTIVITIES.—Cyber 24 threat indicators and defensive measures pro- 25 vided to the Federal Government under this December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1766 1 title may be disclosed to, retained by, and used 2 by, consistent with otherwise applicable provi- 3 sions of Federal law, any Federal agency or de- 4 partment, component, officer, employee, or 5 agent of the Federal Government solely for— 6 (i) a cybersecurity purpose; 7 (ii) the purpose of identifying— 8 (I) a cybersecurity threat, includ- 9 ing the source of such cybersecurity 10 threat; or 11 (II) a security vulnerability; 12 (iii) the purpose of responding to, or 13 otherwise preventing or mitigating, a spe- 14 cific threat of death, a specific threat of se- 15 rious bodily harm, or a specific threat of 16 serious economic harm, including a ter- 17 rorist act or a use of a weapon of mass de- 18 struction; 19 (iv) the purpose of responding to, in- 20 vestigating, prosecuting, or otherwise pre- 21 venting or mitigating, a serious threat to a 22 minor, including sexual exploitation and 23 threats to physical safety; or 24 (v) the purpose of preventing, inves- 25 tigating, disrupting, or prosecuting an of- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1767 1 fense arising out of a threat described in 2 clause (iii) or any of the offenses listed 3 in— 4 (I) sections 1028 through 1030 5 of title 18, United States Code (relat- 6 ing to fraud and identity theft); 7 (II) chapter 37 of such title (re- 8 lating to espionage and censorship); 9 and 10 (III) chapter 90 of such title (re- 11 lating to protection of trade secrets). 12 (B) PROHIBITED ACTIVITIES.—Cyber 13 threat indicators and defensive measures pro- 14 vided to the Federal Government under this 15 title shall not be disclosed to, retained by, or 16 used by any Federal agency or department for 17 any use not permitted under subparagraph (A). 18 (C) PRIVACY AND CIVIL LIBERTIES.— 19 Cyber threat indicators and defensive measures 20 provided to the Federal Government under this 21 title shall be retained, used, and disseminated 22 by the Federal Government— 23 (i) in accordance with the policies, 24 procedures, and guidelines required by sub- 25 sections (a) and (b); December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1768 1 (ii) in a manner that protects from 2 unauthorized use or disclosure any cyber 3 threat indicators that may contain— 4 5 6 (I) personal information of a specific individual; or (II) information that identifies a 7 specific individual; and 8 (iii) in a manner that protects the 9 confidentiality of cyber threat indicators 10 11 12 13 14 containing— (I) personal information of a specific individual; or (II) information that identifies a specific individual. 15 (D) FEDERAL 16 (i) IN REGULATORY AUTHORITY.— GENERAL.—Except as provided 17 in clause (ii), cyber threat indicators and 18 defensive measures provided to the Federal 19 Government under this title shall not be 20 used by any Federal, State, tribal, or local 21 government to regulate, including an en- 22 forcement action, the lawful activities of 23 any non-Federal entity or any activities 24 taken by a non-Federal entity pursuant to 25 mandatory standards, including activities December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1769 1 relating to monitoring, operating defensive 2 measures, or sharing cyber threat indica- 3 tors. 4 (ii) EXCEPTIONS.— 5 (I) REGULATORY AUTHORITY 6 SPECIFICALLY RELATING TO PREVEN- 7 TION 8 CYBERSECURITY 9 threat indicators and defensive meas- 10 ures provided to the Federal Govern- 11 ment under this title may, consistent 12 with Federal or State regulatory au- 13 thority specifically relating to the pre- 14 vention or mitigation of cybersecurity 15 threats to information systems, inform 16 the development or implementation of 17 regulations relating to such informa- 18 tion systems. 19 OR MITIGATION THREATS.—Cyber (II) PROCEDURES 20 AND 21 TITLE.—Clause 22 procedures 23 mented under this title. December 16, 2015 (1:04 a.m.) OF IMPLEMENTED DEVELOPED UNDER THIS (i) shall not apply to developed and imple- U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1770 1 SEC. 106. PROTECTION FROM LIABILITY. 2 (a) MONITORING OF INFORMATION SYSTEMS.—No 3 cause of action shall lie or be maintained in any court 4 against any private entity, and such action shall be 5 promptly dismissed, for the monitoring of an information 6 system and information under section 104(a) that is con7 ducted in accordance with this title. 8 9 (b) SHARING CATORS.—No OR RECEIPT OF CYBER THREAT INDI- cause of action shall lie or be maintained 10 in any court against any private entity, and such action 11 shall be promptly dismissed, for the sharing or receipt of 12 a cyber threat indicator or defensive measure under sec13 tion 104(c) if— 14 15 (1) such sharing or receipt is conducted in accordance with this title; and 16 (2) in a case in which a cyber threat indicator 17 or defensive measure is shared with the Federal 18 Government, the cyber threat indicator or defensive 19 measure is shared in a manner that is consistent 20 with section 105(c)(1)(B) and the sharing or receipt, 21 as the case may be, occurs after the earlier of— 22 (A) the date on which the interim policies 23 and procedures are submitted to Congress 24 under section 105(a)(1) and guidelines are sub- 25 mitted to Congress under section 105(b)(1); or December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1771 1 (B) the date that is 60 days after the date 2 of the enactment of this Act. 3 (c) CONSTRUCTION.—Nothing in this title shall be 4 construed— 5 (1) to create— 6 (A) a duty to share a cyber threat indi- 7 cator or defensive measure; or 8 (B) a duty to warn or act based on the re- 9 ceipt of a cyber threat indicator or defensive 10 measure; or 11 (2) to undermine or limit the availability of oth- 12 erwise applicable common law or statutory defenses. 13 SEC. 107. OVERSIGHT OF GOVERNMENT ACTIVITIES. 14 15 (a) REPORT ON IMPLEMENTATION.— (1) IN GENERAL.—Not later than 1 year after 16 the date of the enactment of this title, the heads of 17 the appropriate Federal entities shall jointly submit 18 to Congress a detailed report concerning the imple- 19 mentation of this title. 20 (2) CONTENTS.—The report required by para- 21 graph (1) may include such recommendations as the 22 heads of the appropriate Federal entities may have 23 for improvements or modifications to the authorities, 24 policies, procedures, and guidelines under this title 25 and shall include the following: December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1772 1 (A) An evaluation of the effectiveness of 2 real-time information sharing through the capa- 3 bility and process developed under section 4 105(c), including any impediments to such real- 5 time sharing. 6 (B) An assessment of whether cyber threat 7 indicators or defensive measures have been 8 properly classified and an accounting of the 9 number of security clearances authorized by the 10 Federal Government for the purpose of sharing 11 cyber threat indicators or defensive measures 12 with the private sector. 13 (C) The number of cyber threat indicators 14 or defensive measures received through the ca- 15 pability and process developed under section 16 105(c). 17 (D) A list of Federal entities that have re- 18 ceived cyber threat indicators or defensive 19 measures under this title. 20 21 (b) BIENNIAL REPORT ON COMPLIANCE.— (1) IN GENERAL.—Not later than 2 years after 22 the date of the enactment of this Act and not less 23 frequently than once every 2 years thereafter, the in- 24 spectors general of the appropriate Federal entities, 25 in consultation with the Inspector General of the In- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1773 1 telligence Community and the Council of Inspectors 2 General on Financial Oversight, shall jointly submit 3 to Congress an interagency report on the actions of 4 the executive branch of the Federal Government to 5 carry out this title during the most recent 2-year pe- 6 riod. 7 (2) CONTENTS.—Each report submitted under 8 paragraph (1) shall include, for the period covered 9 by the report, the following: 10 (A) An assessment of the sufficiency of the 11 policies, procedures, and guidelines relating to 12 the sharing of cyber threat indicators within the 13 Federal Government, including those policies, 14 procedures, and guidelines relating to the re- 15 moval of information not directly related to a 16 cybersecurity threat that is personal informa- 17 tion of a specific individual or information that 18 identifies a specific individual. 19 (B) An assessment of whether cyber threat 20 indicators or defensive measures have been 21 properly classified and an accounting of the 22 number of security clearances authorized by the 23 Federal Government for the purpose of sharing 24 cyber threat indicators or defensive measures 25 with the private sector. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1774 1 (C) A review of the actions taken by the 2 Federal Government based on cyber threat indi- 3 cators or defensive measures shared with the 4 Federal Government under this title, including 5 a review of the following: 6 (i) The appropriateness of subsequent 7 uses and disseminations of cyber threat in- 8 dicators or defensive measures. 9 (ii) Whether cyber threat indicators or 10 defensive measures were shared in a timely 11 and adequate manner with appropriate en- 12 tities, or, if appropriate, were made pub- 13 licly available. 14 (D) An assessment of the cyber threat in- 15 dicators or defensive measures shared with the 16 appropriate Federal entities under this title, in- 17 cluding the following: 18 (i) The number of cyber threat indica- 19 tors or defensive measures shared through 20 the capability and process developed under 21 section 105(c). 22 (ii) An assessment of any information 23 not directly related to a cybersecurity 24 threat that is personal information of a 25 specific individual or information identi- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1775 1 fying a specific individual and was shared 2 by a non-Federal government entity with 3 the Federal government in contravention of 4 this title, or was shared within the Federal 5 Government in contravention of the guide- 6 lines required by this title, including a de- 7 scription of any significant violation of this 8 title. 9 (iii) The number of times, according 10 to the Attorney General, that information 11 shared under this title was used by a Fed- 12 eral entity to prosecute an offense listed in 13 section 105(d)(5)(A). 14 (iv) A quantitative and qualitative as- 15 sessment of the effect of the sharing of 16 cyber threat indicators or defensive meas- 17 ures with the Federal Government on pri- 18 vacy and civil liberties of specific individ- 19 uals, including the number of notices that 20 were issued with respect to a failure to re- 21 move information not directly related to a 22 cybersecurity threat that was personal in- 23 formation of a specific individual or infor- 24 mation that identified a specific individual December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1776 1 in accordance with the procedures required 2 by section 105(b)(3)(E). 3 (v) The adequacy of any steps taken 4 by the Federal Government to reduce any 5 adverse effect from activities carried out 6 under this title on the privacy and civil lib- 7 erties of United States persons. 8 (E) An assessment of the sharing of cyber 9 threat indicators or defensive measures among 10 Federal entities to identify inappropriate bar- 11 riers to sharing information. 12 (3) RECOMMENDATIONS.—Each report sub- 13 mitted under this subsection may include such rec- 14 ommendations as the inspectors general may have 15 for improvements or modifications to the authorities 16 and processes under this title. 17 (c) INDEPENDENT REPORT 18 SONAL ON REMOVAL OF PER- INFORMATION.—Not later than 3 years after the 19 date of the enactment of this Act, the Comptroller General 20 of the United States shall submit to Congress a report 21 on the actions taken by the Federal Government to remove 22 personal information from cyber threat indicators or de23 fensive measures pursuant to this title. Such report shall 24 include an assessment of the sufficiency of the policies, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1777 1 procedures, and guidelines established under this title in 2 addressing concerns relating to privacy and civil liberties. 3 (d) FORM OF REPORTS.—Each report required under 4 this section shall be submitted in an unclassified form, but 5 may include a classified annex. 6 (e) PUBLIC AVAILABILITY OF REPORTS.—The un- 7 classified portions of the reports required under this sec8 tion shall be made available to the public. 9 SEC. 108. CONSTRUCTION AND PREEMPTION. 10 (a) OTHERWISE LAWFUL DISCLOSURES.—Nothing in 11 this title shall be construed— 12 (1) to limit or prohibit otherwise lawful disclo- 13 sures of communications, records, or other informa- 14 tion, including reporting of known or suspected 15 criminal activity, by a non-Federal entity to any 16 other non-Federal entity or the Federal Government 17 under this title; or 18 (2) to limit or prohibit otherwise lawful use of 19 such disclosures by any Federal entity, even when 20 such otherwise lawful disclosures duplicate or rep- 21 licate disclosures made under this title. 22 (b) WHISTLE BLOWER PROTECTIONS.—Nothing in 23 this title shall be construed to prohibit or limit the disclo24 sure of information protected under section 2302(b)(8) of 25 title 5, United States Code (governing disclosures of ille- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1778 1 gality, waste, fraud, abuse, or public health or safety 2 threats), section 7211 of title 5, United States Code (gov3 erning disclosures to Congress), section 1034 of title 10, 4 United States Code (governing disclosure to Congress by 5 members of the military), section 1104 of the National 6 Security Act of 1947 (50 U.S.C. 3234) (governing disclo7 sure by employees of elements of the intelligence commu8 nity), or any similar provision of Federal or State law. 9 (c) PROTECTION OF SOURCES AND METHODS.— 10 Nothing in this title shall be construed— 11 (1) as creating any immunity against, or other- 12 wise affecting, any action brought by the Federal 13 Government, or any agency or department thereof, 14 to enforce any law, executive order, or procedure 15 governing the appropriate handling, disclosure, or 16 use of classified information; 17 18 (2) to affect the conduct of authorized law enforcement or intelligence activities; or 19 (3) to modify the authority of a department or 20 agency of the Federal Government to protect classi- 21 fied information and sources and methods and the 22 national security of the United States. 23 (d) RELATIONSHIP TO OTHER LAWS.—Nothing in 24 this title shall be construed to affect any requirement December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1779 1 under any other provision of law for a non-Federal entity 2 to provide information to the Federal Government. 3 (e) PROHIBITED CONDUCT.—Nothing in this title 4 shall be construed to permit price-fixing, allocating a mar5 ket between competitors, monopolizing or attempting to 6 monopolize a market, boycotting, or exchanges of price or 7 cost information, customer lists, or information regarding 8 future competitive planning. 9 (f) INFORMATION SHARING RELATIONSHIPS.—Noth- 10 ing in this title shall be construed— 11 (1) to limit or modify an existing information 12 sharing relationship; 13 (2) to prohibit a new information sharing rela- 14 tionship; 15 (3) to require a new information sharing rela- 16 tionship between any non-Federal entity and a Fed- 17 eral entity or another non-Federal entity; or 18 (4) to require the use of the capability and 19 process within the Department of Homeland Secu- 20 rity developed under section 105(c). 21 (g) PRESERVATION 22 AND OF CONTRACTUAL OBLIGATIONS RIGHTS.—Nothing in this title shall be construed— 23 (1) to amend, repeal, or supersede any current 24 or future contractual agreement, terms of service 25 agreement, or other contractual relationship between December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1780 1 any non-Federal entities, or between any non-Fed- 2 eral entity and a Federal entity; or 3 (2) to abrogate trade secret or intellectual prop- 4 erty rights of any non-Federal entity or Federal en- 5 tity. 6 (h) ANTI-TASKING RESTRICTION.—Nothing in this 7 title shall be construed to permit a Federal entity— 8 (1) to require a non-Federal entity to provide 9 information to a Federal entity or another non-Fed- 10 eral entity; 11 (2) to condition the sharing of cyber threat in- 12 dicators with a non-Federal entity on such entity’s 13 provision of cyber threat indicators to a Federal en- 14 tity or another non-Federal entity; or 15 (3) to condition the award of any Federal 16 grant, contract, or purchase on the provision of a 17 cyber threat indicator to a Federal entity or another 18 non-Federal entity. 19 (i) NO LIABILITY FOR NON-PARTICIPATION.—Noth- 20 ing in this title shall be construed to subject any entity 21 to liability for choosing not to engage in the voluntary ac22 tivities authorized in this title. 23 (j) USE AND RETENTION OF INFORMATION.—Noth- 24 ing in this title shall be construed to authorize, or to mod25 ify any existing authority of, a department or agency of December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1781 1 the Federal Government to retain or use any information 2 shared under this title for any use other than permitted 3 in this title. 4 (k) FEDERAL PREEMPTION.— 5 (1) IN GENERAL.—This title supersedes any 6 statute or other provision of law of a State or polit- 7 ical subdivision of a State that restricts or otherwise 8 expressly regulates an activity authorized under this 9 title. 10 (2) STATE LAW ENFORCEMENT.—Nothing in 11 this title shall be construed to supersede any statute 12 or other provision of law of a State or political sub- 13 division of a State concerning the use of authorized 14 law enforcement practices and procedures. 15 (l) REGULATORY AUTHORITY.—Nothing in this title 16 shall be construed— 17 (1) to authorize the promulgation of any regu- 18 lations not specifically authorized to be issued under 19 this title; 20 (2) to establish or limit any regulatory author- 21 ity not specifically established or limited under this 22 title; or 23 (3) to authorize regulatory actions that would 24 duplicate or conflict with regulatory requirements, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1782 1 mandatory standards, or related processes under an- 2 other provision of Federal law. 3 (m) AUTHORITY 4 RESPOND 5 BY TO OF SECRETARY OF DEFENSE TO MALICIOUS CYBER ACTIVITY CARRIED OUT FOREIGN POWERS.—Nothing in this title shall be con- 6 strued to limit the authority of the Secretary of Defense 7 under section 130g of title 10, United States Code. 8 (n) CRIMINAL PROSECUTION.—Nothing in this title 9 shall be construed to prevent the disclosure of a cyber 10 threat indicator or defensive measure shared under this 11 title in a case of criminal prosecution, when an applicable 12 provision of Federal, State, tribal, or local law requires 13 disclosure in such case. 14 SEC. 109. REPORT ON CYBERSECURITY THREATS. 15 (a) REPORT REQUIRED.—Not later than 180 days 16 after the date of the enactment of this Act, the Director 17 of National Intelligence, in coordination with the heads of 18 other appropriate elements of the intelligence community, 19 shall submit to the Select Committee on Intelligence of 20 the Senate and the Permanent Select Committee on Intel21 ligence of the House of Representatives a report on 22 cybersecurity threats, including cyber attacks, theft, and 23 data breaches. 24 (b) CONTENTS.—The report required by subsection 25 (a) shall include the following: December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1783 1 (1) An assessment of the current intelligence 2 sharing and cooperation relationships of the United 3 States with other countries regarding cybersecurity 4 threats, including cyber attacks, theft, and data 5 breaches, directed against the United States and 6 which threaten the United States national security 7 interests and economy and intellectual property, spe- 8 cifically identifying the relative utility of such rela- 9 tionships, which elements of the intelligence commu- 10 nity participate in such relationships, and whether 11 and how such relationships could be improved. 12 (2) A list and an assessment of the countries 13 and nonstate actors that are the primary threats of 14 carrying out a cybersecurity threat, including a 15 cyber attack, theft, or data breach, against the 16 United States and which threaten the United States 17 national security, economy, and intellectual property. 18 (3) A description of the extent to which the ca- 19 pabilities of the United States Government to re- 20 spond to or prevent cybersecurity threats, including 21 cyber attacks, theft, or data breaches, directed 22 against the United States private sector are de- 23 graded by a delay in the prompt notification by pri- 24 vate entities of such threats or cyber attacks, theft, 25 and data breaches. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1784 1 (4) An assessment of additional technologies or 2 capabilities that would enhance the ability of the 3 United States to prevent and to respond to 4 cybersecurity threats, including cyber attacks, theft, 5 and data breaches. 6 (5) An assessment of any technologies or prac- 7 tices utilized by the private sector that could be rap- 8 idly fielded to assist the intelligence community in 9 preventing and responding to cybersecurity threats. 10 (c) FORM OF REPORT.—The report required by sub- 11 section (a) shall be made available in classified and unclas12 sified forms. 13 (d) INTELLIGENCE COMMUNITY DEFINED.—In this 14 section, the term ‘‘intelligence community’’ has the mean15 ing given that term in section 3 of the National Security 16 Act of 1947 (50 U.S.C. 3003). 17 SEC. 110. EXCEPTION TO LIMITATION ON AUTHORITY OF 18 SECRETARY OF DEFENSE TO DISSEMINATE 19 CERTAIN INFORMATION. 20 Notwithstanding subsection (c)(3) of section 393 of 21 title 10, United States Code, the Secretary of Defense may 22 authorize the sharing of cyber threat indicators and defen23 sive measures pursuant to the policies, procedures, and 24 guidelines developed or issued under this title. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1785 1 SEC. 111. EFFECTIVE PERIOD. 2 (a) IN GENERAL.—Except as provided in subsection 3 (b), this title and the amendments made by this title shall 4 be effective during the period beginning on the date of 5 the enactment of this Act and ending on September 30, 6 2025. 7 (b) EXCEPTION.—With respect to any action author- 8 ized by this title or information obtained pursuant to an 9 action authorized by this title, which occurred before the 10 date on which the provisions referred to in subsection (a) 11 cease to have effect, the provisions of this title shall con12 tinue in effect. 18 TITLE II—NATIONAL CYBERSECURITY ADVANCEMENT Subtitle A—National Cybersecurity and Communications Integration Center 19 SEC. 201. SHORT TITLE. 13 14 15 16 17 20 This subtitle may be cited as the ‘‘National 21 Cybersecurity Protection Advancement Act of 2015’’. 22 SEC. 202. DEFINITIONS. 23 24 In this subtitle: (1) APPROPRIATE 25 TEES.—The 26 mittees’’ means— December 16, 2015 (1:04 a.m.) CONGRESSIONAL COMMIT- term ‘‘appropriate congressional com- U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1786 1 (A) the Committee on Homeland Security 2 and Governmental Affairs of the Senate; and 3 (B) the Committee on Homeland Security 4 of the House of Representatives. 5 (2) CYBERSECURITY RISK; INCIDENT.—The 6 terms ‘‘cybersecurity risk’’ and ‘‘incident’’ have the 7 meanings given those terms in section 227 of the 8 Homeland Security Act of 2002, as so redesignated 9 by section 223(a)(3) of this division. 10 (3) CYBER 11 MEASURE.—The 12 ‘‘defensive measure’’ have the meanings given those 13 terms in section 102. 14 INDICATOR; DEFENSIVE terms ‘‘cyber threat indicator’’ and (4) DEPARTMENT.—The term ‘‘Department’’ 15 means the Department of Homeland Security. 16 (5) SECRETARY.—The term ‘‘Secretary’’ means 17 18 THREAT the Secretary of Homeland Security. SEC. 203. INFORMATION SHARING STRUCTURE AND PROC- 19 20 ESSES. Section 227 of the Homeland Security Act of 2002, 21 as so redesignated by section 223(a)(3) of this division, 22 is amended— 23 24 25 December 16, 2015 (1:04 a.m.) (1) in subsection (a)— (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1787 1 (B) by striking paragraphs (1) and (2) and 2 inserting the following: 3 ‘‘(1) the term ‘cybersecurity risk’— 4 ‘‘(A) means threats to and vulnerabilities 5 of information or information systems and any 6 related consequences caused by or resulting 7 from unauthorized access, use, disclosure, deg- 8 radation, disruption, modification, or destruc- 9 tion of such information or information sys- 10 tems, including such related consequences 11 caused by an act of terrorism; and 12 ‘‘(B) does not include any action that sole- 13 ly involves a violation of a consumer term of 14 service or a consumer licensing agreement; 15 ‘‘(2) the terms ‘cyber threat indicator’ and ‘de- 16 fensive measure’ have the meanings given those 17 terms in section 102 of the Cybersecurity Act of 18 2015; 19 ‘‘(3) the term ‘incident’ means an occurrence 20 that actually or imminently jeopardizes, without law- 21 ful authority, the integrity, confidentiality, or avail- 22 ability of information on an information system, or 23 actually or imminently jeopardizes, without lawful 24 authority, an information system;’’; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1788 1 2 (C) in paragraph (4), as so redesignated, by striking ‘‘and’’ at the end; 3 (D) in paragraph (5), as so redesignated, 4 by striking the period at the end and inserting 5 ‘‘; and’’; and 6 (E) by adding at the end the following: 7 ‘‘(6) the term ‘sharing’ (including all conjuga- 8 tions thereof) means providing, receiving, and dis- 9 seminating (including all conjugations of each of 10 11 12 such terms).’’; (2) in subsection (c)— (A) in paragraph (1)— 13 (i) by inserting ‘‘, including the imple- 14 mentation of title I of the Cybersecurity 15 Act of 2015’’ before the semicolon at the 16 end; and 17 (ii) by inserting ‘‘cyber threat indica- 18 tors, 19 ‘‘cybersecurity risks’’; 20 (B) defensive in measures,’’ paragraph (3), by before striking 21 ‘‘cybersecurity risks’’ and inserting ‘‘cyber 22 threat 23 cybersecurity risks,’’; indicators, defensive measures, 24 (C) in paragraph (5)(A), by striking 25 ‘‘cybersecurity risks’’ and inserting ‘‘cyber December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1789 1 threat 2 cybersecurity risks,’’; 3 indicators, defensive measures, (D) in paragraph (6)— 4 (i) by striking ‘‘cybersecurity risks’’ 5 and inserting ‘‘cyber threat indicators, de- 6 fensive measures, cybersecurity risks,’’; 7 and 8 9 10 11 (ii) by striking ‘‘and’’ at the end; (E) in paragraph (7)— (i) in subparagraph (A), by striking ‘‘and’’ at the end; 12 (ii) in subparagraph (B), by striking 13 the period at the end and inserting ‘‘; 14 and’’; and 15 (iii) by adding at the end the fol- 16 lowing: 17 ‘‘(C) sharing cyber threat indicators and 18 defensive measures;’’; and 19 (F) by adding at the end the following: 20 ‘‘(8) engaging with international partners, in 21 consultation with other appropriate agencies, to— 22 ‘‘(A) collaborate on cyber threat indicators, 23 defensive measures, and information related to 24 cybersecurity risks and incidents; and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1790 1 ‘‘(B) enhance the security and resilience of 2 global cybersecurity; 3 ‘‘(9) sharing cyber threat indicators, defensive 4 measures, 5 cybersecurity risks and incidents with Federal and 6 non-Federal entities, including across sectors of crit- 7 ical infrastructure and with State and major urban 8 area fusion centers, as appropriate; 9 10 and other information related to ‘‘(10) participating, as appropriate, in national exercises run by the Department; and 11 ‘‘(11) in coordination with the Office of Emer- 12 gency Communications of the Department, assessing 13 and evaluating consequence, vulnerability, and threat 14 information regarding cyber incidents to public safe- 15 ty communications to help facilitate continuous im- 16 provements to the security and resiliency of such 17 communications.’’; 18 19 20 21 (3) in subsection (d)(1)— (A) in subparagraph (B)— (i) in clause (i), by striking ‘‘and local’’ and inserting ‘‘, local, and tribal’’; 22 (ii) in clause (ii), by striking ‘‘; and’’ 23 and inserting ‘‘, including information 24 sharing and analysis centers;’’; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1791 1 2 3 4 5 6 7 8 9 10 11 (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: 12 ‘‘(E) an entity that collaborates with State 13 and local governments on cybersecurity risks 14 and incidents, and has entered into a voluntary 15 information sharing relationship with the Cen- 16 ter; and’’; 17 (4) in subsection (e)— 18 (A) in paragraph (1)— 19 (i) in subparagraph (A), by inserting 20 ‘‘cyber threat indicators, defensive meas- 21 ures, and’’ before ‘‘information’’; 22 (ii) in subparagraph (B), by inserting 23 ‘‘cyber threat indicators, defensive meas- 24 ures, and’’ before ‘‘information related’’; 25 December 16, 2015 (1:04 a.m.) (iii) in subparagraph (F)— U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1792 1 (I) by striking ‘‘cybersecurity 2 risks’’ and inserting ‘‘cyber threat in- 3 dicators, 4 cybersecurity risks,’’; and defensive measures, 5 (II) by striking ‘‘and’’ at the end; 6 (iv) in subparagraph (G), by striking 7 ‘‘cybersecurity risks and incidents’’ and in- 8 serting ‘‘cyber threat indicators, defensive 9 measures, cybersecurity risks, and inci- 10 dents; and’’; and 11 (v) by adding at the end the following: 12 ‘‘(H) the Center designates an agency con- 13 14 tact for non-Federal entities;’’; (B) in paragraph (2)— 15 (i) by striking ‘‘cybersecurity risks’’ 16 and inserting ‘‘cyber threat indicators, de- 17 fensive measures, cybersecurity risks,’’; 18 and 19 (ii) by inserting ‘‘or disclosure’’ after 20 ‘‘access’’; and 21 (C) in paragraph (3), by inserting before 22 the period at the end the following: ‘‘, including 23 by working with the Privacy Officer appointed 24 under section 222 to ensure that the Center fol- 25 lows the policies and procedures specified in December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1793 1 subsections (b) and (d)(5)(C) of section 105 of 2 the Cybersecurity Act of 2015’’; and 3 (5) by adding at the end the following: 4 ‘‘(g) AUTOMATED INFORMATION SHARING.— 5 ‘‘(1) IN GENERAL.—The Under Secretary ap- 6 pointed under section 103(a)(1)(H), in coordination 7 with industry and other stakeholders, shall develop 8 capabilities making use of existing information tech- 9 nology industry standards and best practices, as ap- 10 propriate, that support and rapidly advance the de- 11 velopment, adoption, and implementation of auto- 12 mated mechanisms for the sharing of cyber threat 13 indicators and defensive measures in accordance 14 with title I of the Cybersecurity Act of 2015. 15 ‘‘(2) ANNUAL REPORT.—The Under Secretary 16 appointed under section 103(a)(1)(H) shall submit 17 to the Committee on Homeland Security and Gov- 18 ernmental Affairs of the Senate and the Committee 19 on Homeland Security of the House of Representa- 20 tives an annual report on the status and progress of 21 the development of the capabilities described in 22 paragraph (1). Such reports shall be required until 23 such capabilities are fully implemented. 24 ‘‘(h) VOLUNTARY INFORMATION SHARING PROCE- 25 DURES.— December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1794 1 2 ‘‘(1) PROCEDURES.— ‘‘(A) IN GENERAL.—The Center may enter 3 into a voluntary information sharing relation- 4 ship with any consenting non-Federal entity for 5 the sharing of cyber threat indicators and de- 6 fensive measures for cybersecurity purposes in 7 accordance with this section. Nothing in this 8 subsection may be construed to require any 9 non-Federal entity to enter into any such infor- 10 mation sharing relationship with the Center or 11 any other entity. The Center may terminate a 12 voluntary 13 under 14 unreviewable discretion of the Secretary, acting 15 through the Under Secretary appointed under 16 section 103(a)(1)(H), for any reason, including 17 if the Center determines that the non-Federal 18 entity with which the Center has entered into 19 such a relationship has violated the terms of 20 this subsection. 21 ‘‘(B) this information sharing subsection, NATIONAL at the relationship sole SECURITY.—The and Sec- 22 retary may decline to enter into a voluntary in- 23 formation sharing relationship under this sub- 24 section, at the sole and unreviewable discretion 25 of the Secretary, acting through the Under Sec- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1795 1 retary appointed under section 103(a)(1)(H), 2 for any reason, including if the Secretary deter- 3 mines that such is appropriate for national se- 4 curity. 5 ‘‘(2) VOLUNTARY INFORMATION SHARING RELA- 6 TIONSHIPS.—A 7 tionship under this subsection may be characterized 8 as an agreement described in this paragraph. 9 voluntary information sharing rela- ‘‘(A) STANDARD AGREEMENT.—For the 10 use of a non-Federal entity, the Center shall 11 make available a standard agreement, con- 12 sistent with this section, on the Department’s 13 website. 14 ‘‘(B) NEGOTIATED AGREEMENT.—At the 15 request of a non-Federal entity, and if deter- 16 mined appropriate by the Center, at the sole 17 and unreviewable discretion of the Secretary, 18 acting through the Under Secretary appointed 19 under section 103(a)(1)(H), the Department 20 shall negotiate a non-standard agreement, con- 21 sistent with this section. 22 ‘‘(C) EXISTING AGREEMENTS.—An agree- 23 ment between the Center and a non-Federal en- 24 tity that is entered into before the date of en- 25 actment of this subsection, or such an agree- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1796 1 ment that is in effect before such date, shall be 2 deemed in compliance with the requirements of 3 this subsection, notwithstanding any other pro- 4 vision or requirement of this subsection. An 5 agreement under this subsection shall include 6 the relevant privacy protections as in effect 7 under the Cooperative Research and Develop- 8 ment Agreement for Cybersecurity Information 9 Sharing and Collaboration, as of December 31, 10 2014. Nothing in this subsection may be con- 11 strued to require a non-Federal entity to enter 12 into either a standard or negotiated agreement 13 to be in compliance with this subsection. 14 ‘‘(i) DIRECT REPORTING.—The Secretary shall de- 15 velop policies and procedures for direct reporting to the 16 Secretary by the Director of the Center regarding signifi17 cant cybersecurity risks and incidents. 18 ‘‘(j) REPORTS ON INTERNATIONAL COOPERATION.— 19 Not later than 180 days after the date of enactment of 20 this subsection, and periodically thereafter, the Secretary 21 of Homeland Security shall submit to the Committee on 22 Homeland Security and Governmental Affairs of the Sen23 ate and the Committee on Homeland Security of the 24 House of Representatives a report on the range of efforts 25 underway to bolster cybersecurity collaboration with rel- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1797 1 evant international partners in accordance with subsection 2 (c)(8). 3 ‘‘(k) OUTREACH.—Not later than 60 days after the 4 date of enactment of this subsection, the Secretary, acting 5 through the Under Secretary appointed under section 6 103(a)(1)(H), shall— 7 ‘‘(1) disseminate to the public information 8 about how to voluntarily share cyber threat indica- 9 tors and defensive measures with the Center; and 10 ‘‘(2) enhance outreach to critical infrastructure 11 owners and operators for purposes of such sharing. 12 ‘‘(l) COORDINATED VULNERABILITY DISCLOSURE.— 13 The Secretary, in coordination with industry and other 14 stakeholders, may develop and adhere to Department poli15 cies and procedures for coordinating vulnerability disclo16 sures.’’. 17 SEC. 204. INFORMATION SHARING AND ANALYSIS ORGANI- 18 19 ZATIONS. Section 212 of the Homeland Security Act of 2002 20 (6 U.S.C. 131) is amended— 21 22 (1) in paragraph (5)— (A) in subparagraph (A)— 23 (i) by inserting ‘‘, including informa- 24 tion related to cybersecurity risks and inci- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1798 1 dents,’’ after ‘‘critical infrastructure infor- 2 mation’’; and 3 (ii) by inserting ‘‘, including 4 cybersecurity risks and incidents,’’ after 5 ‘‘related to critical infrastructure’’; 6 (B) in subparagraph (B)— 7 (i) by inserting ‘‘, including 8 cybersecurity risks and incidents,’’ after 9 ‘‘critical infrastructure information’’; and 10 (ii) by inserting ‘‘, including 11 cybersecurity risks and incidents,’’ after 12 ‘‘related to critical infrastructure’’; and 13 (C) in subparagraph (C), by inserting ‘‘, 14 including cybersecurity risks and incidents,’’ 15 after ‘‘critical infrastructure information’’; and 16 (2) by adding at the end the following: 17 ‘‘(8) CYBERSECURITY RISK; INCIDENT.—The 18 terms ‘cybersecurity risk’ and ‘incident’ have the 19 meanings given those terms in section 227.’’. 20 SEC. 205. NATIONAL RESPONSE FRAMEWORK. 21 Section 228 of the Homeland Security Act of 2002, 22 as added by section 223(a)(4) of this division, is amended 23 by adding at the end the following: 24 ‘‘(d) NATIONAL RESPONSE FRAMEWORK.—The Sec- 25 retary, in coordination with the heads of other appropriate December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1799 1 Federal departments and agencies, and in accordance with 2 the National Cybersecurity Incident Response Plan re3 quired under subsection (c), shall regularly update, main4 tain, and exercise the Cyber Incident Annex to the Na5 tional Response Framework of the Department.’’. 6 SEC. 206. REPORT ON REDUCING CYBERSECURITY RISKS IN 7 DHS DATA CENTERS. 8 Not later than 1 year after the date of the enactment 9 of this Act, the Secretary shall submit to the appropriate 10 congressional committees a report on the feasibility of the 11 Department creating an environment for the reduction in 12 cybersecurity risks in Department data centers, including 13 by increasing compartmentalization between systems, and 14 providing a mix of security controls between such compart15 ments. 16 SEC. 207. ASSESSMENT. 17 Not later than 2 years after the date of enactment 18 of this Act, the Comptroller General of the United States 19 shall submit to the appropriate congressional committees 20 a report that includes— 21 (1) an assessment of the implementation by the 22 Secretary of this title and the amendments made by 23 this title; and 24 (2) to the extent practicable, findings regarding 25 increases in the sharing of cyber threat indicators, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1800 1 defensive measures, and information relating to 2 cybersecurity risks and incidents at the center estab- 3 lished under section 227 of the Homeland Security 4 Act of 2002, as redesignated by section 223(a) of 5 this division, and throughout the United States. 6 SEC. 208. MULTIPLE SIMULTANEOUS CYBER INCIDENTS AT 7 CRITICAL INFRASTRUCTURE. 8 Not later than 1 year after the date of enactment 9 of this Act, the Under Secretary appointed under section 10 103(a)(1)(H) of the Homeland Security Act of 2002 (6 11 U.S.C. 113(a)(1)(H)) shall provide information to the ap12 propriate congressional committees on the feasibility of 13 producing a risk-informed plan to address the risk of mul14 tiple simultaneous cyber incidents affecting critical infra15 structure, including cyber incidents that may have a cas16 cading effect on other critical infrastructure. 17 SEC. 209. REPORT ON CYBERSECURITY VULNERABILITIES 18 19 OF UNITED STATES PORTS. Not later than 180 days after the date of enactment 20 of this Act, the Secretary shall submit to the appropriate 21 congressional committees, the Committee on Commerce, 22 Science and Transportation of the Senate, and the Com23 mittee on Transportation and Infrastructure of the House 24 of Representatives a report on cybersecurity vulnerabilities 25 for the 10 United States ports that the Secretary deter- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1801 1 mines are at greatest risk of a cybersecurity incident and 2 provide recommendations to mitigate such vulnerabilities. 3 SEC. 210. PROHIBITION ON NEW REGULATORY AUTHORITY. 4 Nothing in this subtitle or the amendments made by 5 this subtitle may be construed to grant the Secretary any 6 authority to promulgate regulations or set standards relat7 ing to the cybersecurity of non-Federal entities, not in8 cluding State, local, and tribal governments, that was not 9 in effect on the day before the date of enactment of this 10 Act. 11 SEC. 211. TERMINATION OF REPORTING REQUIREMENTS. 12 Any reporting requirements in this subtitle shall ter- 13 minate on the date that is 7 years after the date of enact14 ment of this Act. 15 16 17 Subtitle B—Federal Cybersecurity Enhancement SEC. 221. SHORT TITLE. 18 This subtitle may be cited as the ‘‘Federal 19 Cybersecurity Enhancement Act of 2015’’. 20 SEC. 222. DEFINITIONS. 21 In this subtitle: 22 (1) AGENCY.—The term ‘‘agency’’ has the 23 meaning given the term in section 3502 of title 44, 24 United States Code. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1802 1 (2) AGENCY INFORMATION SYSTEM.—The term 2 ‘‘agency information system’’ has the meaning given 3 the term in section 228 of the Homeland Security 4 Act of 2002, as added by section 223(a)(4) of this 5 division. 6 (3) APPROPRIATE 7 TEES.—The 8 mittees’’ means— 9 CONGRESSIONAL COMMIT- term ‘‘appropriate congressional com- (A) the Committee on Homeland Security 10 and Governmental Affairs of the Senate; and 11 (B) the Committee on Homeland Security 12 of the House of Representatives. 13 (4) CYBERSECURITY RISK; INFORMATION SYS- 14 TEM.—The 15 mation system’’ have the meanings given those 16 terms in section 227 of the Homeland Security Act 17 of 2002, as so redesignated by section 223(a)(3) of 18 this division. terms ‘‘cybersecurity risk’’ and ‘‘infor- 19 (5) DIRECTOR.—The term ‘‘Director’’ means 20 the Director of the Office of Management and Budg- 21 et. 22 (6) INTELLIGENCE COMMUNITY.—The term 23 ‘‘intelligence community’’ has the meaning given the 24 term in section 3(4) of the National Security Act of 25 1947 (50 U.S.C. 3003(4)). December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1803 1 (7) NATIONAL SECURITY SYSTEM.—The term 2 ‘‘national security system’’ has the meaning given 3 the term in section 11103 of title 40, United States 4 Code. 5 (8) SECRETARY.—The term ‘‘Secretary’’ means 6 7 the Secretary of Homeland Security. SEC. 223. IMPROVED FEDERAL NETWORK SECURITY. 8 (a) IN GENERAL.—Subtitle C of title II of the Home- 9 land Security Act of 2002 (6 U.S.C. 141 et seq.) is amend10 ed— 11 (1) by redesignating section 228 as section 229; 12 (2) by redesignating section 227 as subsection 13 (c) of section 228, as added by paragraph (4), and 14 adjusting the margins accordingly; 15 (3) by redesignating the second section des- 16 ignated as section 226 (relating to the national 17 cybersecurity and communications integration cen- 18 ter) as section 227; 19 (4) by inserting after section 227, as so redesig- 20 21 nated, the following: ‘‘SEC. 228. CYBERSECURITY PLANS. 22 ‘‘(a) DEFINITIONS.—In this section— 23 ‘‘(1) the term ‘agency information system’ 24 means an information system used or operated by an 25 agency or by another entity on behalf of an agency; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1804 1 ‘‘(2) the terms ‘cybersecurity risk’ and ‘infor- 2 mation system’ have the meanings given those terms 3 in section 227; 4 ‘‘(3) the term ‘intelligence community’ has the 5 meaning given the term in section 3(4) of the Na- 6 tional Security Act of 1947 (50 U.S.C. 3003(4)); 7 and 8 ‘‘(4) the term ‘national security system’ has the 9 meaning given the term in section 11103 of title 40, 10 United States Code. 11 ‘‘(b) INTRUSION ASSESSMENT PLAN.— 12 ‘‘(1) REQUIREMENT.—The Secretary, in coordi- 13 nation with the Director of the Office of Manage- 14 ment and Budget, shall— 15 ‘‘(A) develop and implement an intrusion 16 assessment plan to proactively detect, identify, 17 and remove intruders in agency information 18 systems on a routine basis; and 19 ‘‘(B) update such plan as necessary. 20 ‘‘(2) EXCEPTION.—The intrusion assessment 21 plan required under paragraph (1) shall not apply to 22 the Department of Defense, a national security sys- 23 tem, or an element of the intelligence community.’’; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1805 1 (5) in section 228(c), as so redesignated, by 2 striking ‘‘section 226’’ and inserting ‘‘section 227’’; 3 and 4 (6) by inserting after section 229, as so redesig- 5 6 nated, the following: ‘‘SEC. 230. FEDERAL INTRUSION DETECTION AND PREVEN- 7 8 TION SYSTEM. ‘‘(a) DEFINITIONS.—In this section— 9 ‘‘(1) the term ‘agency’ has the meaning given 10 the term in section 3502 of title 44, United States 11 Code; 12 ‘‘(2) the term ‘agency information’ means infor- 13 mation collected or maintained by or on behalf of an 14 agency; 15 16 ‘‘(3) the term ‘agency information system’ has the meaning given the term in section 228; and 17 ‘‘(4) the terms ‘cybersecurity risk’ and ‘infor- 18 mation system’ have the meanings given those terms 19 in section 227. 20 ‘‘(b) REQUIREMENT.— 21 ‘‘(1) IN GENERAL.—Not later than 1 year after 22 the date of enactment of this section, the Secretary 23 shall deploy, operate, and maintain, to make avail- 24 able for use by any agency, with or without reim- 25 bursement— December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1806 1 ‘‘(A) a capability to detect cybersecurity 2 risks in network traffic transiting or traveling 3 to or from an agency information system; and 4 ‘‘(B) a capability to prevent network traffic 5 associated with such cybersecurity risks from 6 transiting or traveling to or from an agency in- 7 formation system or modify such network traf- 8 fic to remove the cybersecurity risk. 9 ‘‘(2) REGULAR IMPROVEMENT.—The Secretary 10 shall regularly deploy new technologies and modify 11 existing technologies to the intrusion detection and 12 prevention capabilities described in paragraph (1) as 13 appropriate to improve the intrusion detection and 14 prevention capabilities. 15 ‘‘(c) ACTIVITIES.—In carrying out subsection (b), the 16 Secretary— 17 ‘‘(1) may access, and the head of an agency 18 may disclose to the Secretary or a private entity pro- 19 viding assistance to the Secretary under paragraph 20 (2), information transiting or traveling to or from an 21 agency information system, regardless of the location 22 from which the Secretary or a private entity pro- 23 viding assistance to the Secretary under paragraph 24 (2) accesses such information, notwithstanding any 25 other provision of law that would otherwise restrict December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1807 1 or prevent the head of an agency from disclosing 2 such information to the Secretary or a private entity 3 providing assistance to the Secretary under para- 4 graph (2); 5 ‘‘(2) may enter into contracts or other agree- 6 ments with, or otherwise request and obtain the as- 7 sistance of, private entities to deploy, operate, and 8 maintain technologies in accordance with subsection 9 (b); 10 ‘‘(3) may retain, use, and disclose information 11 obtained through the conduct of activities authorized 12 under this section only to protect information and 13 information systems from cybersecurity risks; 14 ‘‘(4) shall regularly assess through operational 15 test and evaluation in real world or simulated envi- 16 ronments available advanced protective technologies 17 to improve detection and prevention capabilities, in- 18 cluding commercial and noncommercial technologies 19 and detection technologies beyond signature-based 20 detection, and acquire, test, and deploy such tech- 21 nologies when appropriate; 22 ‘‘(5) shall establish a pilot through which the 23 Secretary may acquire, test, and deploy, as rapidly 24 as possible, technologies described in paragraph (4); 25 and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1808 1 ‘‘(6) shall periodically update the privacy im- 2 pact assessment required under section 208(b) of 3 the E-Government Act of 2002 (44 U.S.C. 3501 4 note). 5 ‘‘(d) PRINCIPLES.—In carrying out subsection (b), 6 the Secretary shall ensure that— 7 ‘‘(1) activities carried out under this section are 8 reasonably necessary for the purpose of protecting 9 agency information and agency information systems 10 from a cybersecurity risk; 11 ‘‘(2) information accessed by the Secretary will 12 be retained no longer than reasonably necessary for 13 the purpose of protecting agency information and 14 agency information systems from a cybersecurity 15 risk; 16 ‘‘(3) notice has been provided to users of an 17 agency information system concerning access to 18 communications of users of the agency information 19 system for the purpose of protecting agency informa- 20 tion and the agency information system; and 21 ‘‘(4) the activities are implemented pursuant to 22 policies and procedures governing the operation of 23 the intrusion detection and prevention capabilities. 24 ‘‘(e) PRIVATE ENTITIES.— December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1809 1 2 ‘‘(1) CONDITIONS.—A private entity described in subsection (c)(2) may not— 3 ‘‘(A) disclose any network traffic transiting 4 or traveling to or from an agency information 5 system to any entity other than the Department 6 or the agency that disclosed the information 7 under subsection (c)(1), including personal in- 8 formation of a specific individual or information 9 that identifies a specific individual not directly 10 related to a cybersecurity risk; or 11 ‘‘(B) use any network traffic transiting or 12 traveling to or from an agency information sys- 13 tem to which the private entity gains access in 14 accordance with this section for any purpose 15 other than to protect agency information and 16 agency 17 cybersecurity risks or to administer a contract 18 or other agreement entered into pursuant to 19 subsection (c)(2) or as part of another contract 20 with the Secretary. 21 ‘‘(2) LIMITATION information systems ON LIABILITY.—No against cause of 22 action shall lie in any court against a private entity 23 for assistance provided to the Secretary in accord- 24 ance with this section and any contract or agree- 25 ment entered into pursuant to subsection (c)(2). December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1810 1 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 2 paragraph (2) shall be construed to authorize an 3 Internet service provider to break a user agreement 4 with a customer without the consent of the cus- 5 tomer. 6 ‘‘(f) PRIVACY OFFICER REVIEW.—Not later than 1 7 year after the date of enactment of this section, the Pri8 vacy Officer appointed under section 222, in consultation 9 with the Attorney General, shall review the policies and 10 guidelines for the program carried out under this section 11 to ensure that the policies and guidelines are consistent 12 with applicable privacy laws, including those governing the 13 acquisition, interception, retention, use, and disclosure of 14 communications.’’. 15 16 17 (b) AGENCY RESPONSIBILITIES.— (1) IN GENERAL.—Except as provided in para- graph (2)— 18 (A) not later than 1 year after the date of 19 enactment of this Act or 2 months after the 20 date on which the Secretary makes available the 21 intrusion detection and prevention capabilities 22 under section 230(b)(1) of the Homeland Secu- 23 rity Act of 2002, as added by subsection (a), 24 whichever is later, the head of each agency shall 25 apply and continue to utilize the capabilities to December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1811 1 all information traveling between an agency in- 2 formation system and any information system 3 other than an agency information system; and 4 (B) not later than 6 months after the date 5 on which the Secretary makes available im- 6 provements to the intrusion detection and pre- 7 vention 8 230(b)(2) of the Homeland Security Act of 9 2002, as added by subsection (a), the head of 10 each agency shall apply and continue to utilize 11 the improved intrusion detection and prevention 12 capabilities. 13 (2) capabilities pursuant EXCEPTION.—The to requirements section under 14 paragraph (1) shall not apply to the Department of 15 Defense, a national security system, or an element 16 of the intelligence community. 17 (3) DEFINITION.—Notwithstanding section 18 222, in this subsection, the term ‘‘agency informa- 19 tion system’’ means an information system owned or 20 operated by an agency. 21 (4) RULE OF CONSTRUCTION.—Nothing in this 22 subsection shall be construed to limit an agency 23 from applying the intrusion detection and prevention 24 capabilities to an information system other than an 25 agency information system under section 230(b)(1) December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1812 1 of the Homeland Security Act of 2002, as added by 2 subsection (a), at the discretion of the head of the 3 agency or as provided in relevant policies, directives, 4 and guidelines. 5 (c) TABLE OF CONTENTS AMENDMENT.—The table 6 of contents in section 1(b) of the Homeland Security Act 7 of 2002 (6 U.S.C. 101 note) is amended by striking the 8 items relating to the first section designated as section 9 226, the second section designated as section 226 (relating 10 to the national cybersecurity and communications integra11 tion center), section 227, and section 228 and inserting 12 the following: ‘‘Sec. ‘‘Sec. ‘‘Sec. ‘‘Sec. ‘‘Sec. 13 226. 227. 228. 229. 230. Cybersecurity recruitment and retention. National cybersecurity and communications integration center. Cybersecurity plans. Clearances. Federal intrusion detection and prevention system.’’. SEC. 224. ADVANCED INTERNAL DEFENSES. 14 15 (a) ADVANCED NETWORK SECURITY TOOLS.— (1) IN GENERAL.—The Secretary shall include, 16 in the efforts of the Department to continuously di- 17 agnose and mitigate cybersecurity risks, advanced 18 network security tools to improve visibility of net- 19 work activity, including through the use of commer- 20 cial and free or open source tools, and to detect and 21 mitigate intrusions and anomalous activity. 22 23 December 16, 2015 (1:04 a.m.) (2) DEVELOPMENT OF PLAN.—The Director shall develop and the Secretary shall implement a U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1813 1 plan to ensure that each agency utilizes advanced 2 network security tools, including those described in 3 paragraph (1), to detect and mitigate intrusions and 4 anomalous activity. 5 (b) PRIORITIZING ADVANCED SECURITY TOOLS.— 6 The Director and the Secretary, in consultation with ap7 propriate agencies, shall— 8 (1) review and update Government-wide policies 9 and programs to ensure appropriate prioritization 10 and use of network security monitoring tools within 11 agency networks; and 12 (2) brief appropriate congressional committees 13 on such prioritization and use. 14 (c) IMPROVED METRICS.—The Secretary, in collabo- 15 ration with the Director, shall review and update the 16 metrics used to measure security under section 3554 of 17 title 44, United States Code, to include measures of intru18 sion and incident detection and response times. 19 (d) TRANSPARENCY AND ACCOUNTABILITY.—The 20 Director, in consultation with the Secretary, shall increase 21 transparency to the public on agency cybersecurity pos22 ture, including by increasing the number of metrics avail23 able on Federal Government performance websites and, to 24 the greatest extent practicable, displaying metrics for de25 partment components, small agencies, and micro-agencies. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1814 1 (e) MAINTENANCE OF TECHNOLOGIES.—Section 2 3553(b)(6)(B) of title 44, United States Code, is amended 3 by inserting ‘‘, operating, and maintaining’’ after ‘‘deploy4 ing’’. 5 (f) EXCEPTION.—The requirements under this sec- 6 tion shall not apply to the Department of Defense, a na7 tional security system, or an element of the intelligence 8 community. 9 SEC. 225. FEDERAL CYBERSECURITY REQUIREMENTS. 10 (a) IMPLEMENTATION OF FEDERAL CYBERSECURITY 11 STANDARDS.—Consistent with section 3553 of title 44, 12 United States Code, the Secretary, in consultation with 13 the Director, shall exercise the authority to issue binding 14 operational directives to assist the Director in ensuring 15 timely agency adoption of and compliance with policies 16 and standards promulgated under section 11331 of title 17 40, United States Code, for securing agency information 18 systems. 19 20 (b) CYBERSECURITY REQUIREMENTS AT AGEN- CIES.— 21 (1) IN GENERAL.—Consistent with policies, 22 standards, guidelines, and directives on information 23 security under subchapter II of chapter 35 of title 24 44, United States Code, and the standards and 25 guidelines promulgated under section 11331 of title December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1815 1 40, United States Code, and except as provided in 2 paragraph (2), not later than 1 year after the date 3 of the enactment of this Act, the head of each agen- 4 cy shall— 5 (A) identify sensitive and mission critical 6 data stored by the agency consistent with the 7 inventory required under the first subsection (c) 8 (relating to the inventory of major information 9 systems) and the second subsection (c) (relating 10 to the inventory of information systems) of sec- 11 tion 3505 of title 44, United States Code; 12 (B) assess access controls to the data de- 13 scribed in subparagraph (A), the need for read- 14 ily accessible storage of the data, and individ- 15 uals’ need to access the data; 16 (C) encrypt or otherwise render indecipher- 17 able to unauthorized users the data described in 18 subparagraph 19 transiting agency information systems; (A) that is stored on or 20 (D) implement a single sign-on trusted 21 identity platform for individuals accessing each 22 public website of the agency that requires user 23 authentication, as developed by the Adminis- 24 trator of General Services in collaboration with 25 the Secretary; and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1816 1 (E) implement identity management con- 2 sistent with section 504 of the Cybersecurity 3 Enhancement Act of 2014 (Public Law 113– 4 274; 15 U.S.C. 7464), including multi-factor 5 authentication, for— 6 (i) remote access to an agency infor- 7 mation system; and 8 (ii) each user account with elevated 9 privileges on an agency information sys- 10 11 tem. (2) EXCEPTION.—The requirements under 12 paragraph (1) shall not apply to an agency informa- 13 tion system for which— 14 (A) the head of the agency has personally 15 certified to the Director with particularity 16 that— 17 (i) operational requirements articu- 18 lated in the certification and related to the 19 agency information system would make it 20 excessively burdensome to implement the 21 cybersecurity requirement; 22 (ii) the cybersecurity requirement is 23 not necessary to secure the agency infor- 24 mation system or agency information 25 stored on or transiting it; and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1817 1 (iii) the agency has taken all nec- 2 essary steps to secure the agency informa- 3 tion system and agency information stored 4 on or transiting it; and 5 (B) the head of the agency or the designee 6 of the head of the agency has submitted the 7 certification described in subparagraph (A) to 8 the appropriate congressional committees and 9 the agency’s authorizing committees. 10 (3) CONSTRUCTION.—Nothing in this section 11 shall be construed to alter the authority of the Sec- 12 retary, the Director, or the Director of the National 13 Institute of Standards and Technology in imple- 14 menting subchapter II of chapter 35 of title 44, 15 United States Code. Nothing in this section shall be 16 construed to affect the National Institute of Stand- 17 ards and Technology standards process or the re- 18 quirement under section 3553(a)(4) of such title or 19 to discourage continued improvements and advance- 20 ments in the technology, standards, policies, and 21 guidelines used to promote Federal information se- 22 curity. 23 (c) EXCEPTION.—The requirements under this sec- 24 tion shall not apply to the Department of Defense, a na- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1818 1 tional security system, or an element of the intelligence 2 community. 3 SEC. 226. ASSESSMENT; REPORTS. 4 5 (a) DEFINITIONS.—In this section: (1) AGENCY INFORMATION.—The term ‘‘agency 6 information’’ has the meaning given the term in sec- 7 tion 230 of the Homeland Security Act of 2002, as 8 added by section 223(a)(6) of this division. 9 (2) CYBER 10 MEASURE.—The 11 ‘‘defensive measure’’ have the meanings given those 12 terms in section 102. 13 THREAT INDICATOR; DEFENSIVE terms ‘‘cyber threat indicator’’ and (3) INTRUSION ASSESSMENTS.—The term ‘‘in- 14 trusion assessments’’ means actions taken under the 15 intrusion assessment plan to identify and remove in- 16 truders in agency information systems. 17 (4) INTRUSION ASSESSMENT PLAN.—The term 18 ‘‘intrusion assessment plan’’ means the plan re- 19 quired under section 228(b)(1) of the Homeland Se- 20 curity Act of 2002, as added by section 223(a)(4) of 21 this division. 22 (5) INTRUSION DETECTION AND PREVENTION 23 CAPABILITIES.—The term ‘‘intrusion detection and 24 prevention capabilities’’ means the capabilities re- 25 quired under section 230(b) of the Homeland Secu- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1819 1 rity Act of 2002, as added by section 223(a)(6) of 2 this division. 3 (b) THIRD-PARTY ASSESSMENT.—Not later than 3 4 years after the date of enactment of this Act, the Comp5 troller General of the United States shall conduct a study 6 and publish a report on the effectiveness of the approach 7 and strategy of the Federal Government to securing agen8 cy information systems, including the intrusion detection 9 and prevention capabilities and the intrusion assessment 10 plan. 11 12 13 14 (c) REPORTS TO CONGRESS.— (1) INTRUSION DETECTION AND PREVENTION CAPABILITIES.— (A) SECRETARY OF HOMELAND SECURITY 15 REPORT.—Not 16 date of enactment of this Act, and annually 17 thereafter, the Secretary shall submit to the ap- 18 propriate congressional committees a report on 19 the status of implementation of the intrusion 20 detection and prevention capabilities, includ- 21 ing— later than 6 months after the 22 (i) a description of privacy controls; 23 (ii) a description of the technologies 24 and 25 cybersecurity risks in network traffic, in- December 16, 2015 (1:04 a.m.) capabilities utilized to detect U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1820 1 cluding the extent to which those tech- 2 nologies and capabilities include existing 3 commercial 4 nologies; and noncommercial tech- 5 (iii) a description of the technologies 6 and capabilities utilized to prevent network 7 traffic associated with cybersecurity risks 8 from transiting or traveling to or from 9 agency information systems, including the 10 extent to which those technologies and ca- 11 pabilities include existing commercial and 12 noncommercial technologies; 13 (iv) a list of the types of indicators or 14 other identifiers or techniques used to de- 15 tect cybersecurity risks in network traffic 16 transiting or traveling to or from agency 17 information systems on each iteration of 18 the intrusion detection and prevention ca- 19 pabilities and the number of each such 20 type of indicator, identifier, and technique; 21 (v) the number of instances in which 22 the intrusion detection and prevention ca- 23 pabilities detected a cybersecurity risk in 24 network traffic transiting or traveling to or 25 from agency information systems and the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1821 1 number of times the intrusion detection 2 and prevention capabilities blocked net- 3 work traffic associated with cybersecurity 4 risk; and 5 (vi) a description of the pilot estab- 6 lished under section 230(c)(5) of the 7 Homeland Security Act of 2002, as added 8 by section 223(a)(6) of this division, in- 9 cluding the number of new technologies 10 tested and the number of participating 11 agencies. 12 (B) OMB REPORT.—Not later than 18 13 months after the date of enactment of this Act, 14 and annually thereafter, the Director shall sub- 15 mit to Congress, as part of the report required 16 under section 3553(c) of title 44, United States 17 Code, an analysis of agency application of the 18 intrusion detection and prevention capabilities, 19 including— 20 (i) a list of each agency and the de- 21 gree to which each agency has applied the 22 intrusion detection and prevention capabili- 23 ties to an agency information system; and 24 December 16, 2015 (1:04 a.m.) (ii) a list by agency of— U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1822 1 (I) the number of instances in 2 which the intrusion detection and pre- 3 vention 4 cybersecurity risk in network traffic 5 transiting or traveling to or from an 6 agency information system and the 7 types of indicators, identifiers, and 8 techniques 9 cybersecurity risks; and capabilities used to detected detect a such 10 (II) the number of instances in 11 which the intrusion detection and pre- 12 vention capabilities prevented network 13 traffic associated with a cybersecurity 14 risk from transiting or traveling to or 15 from an agency information system 16 and the types of indicators, identi- 17 fiers, and techniques used to detect 18 such agency information systems. 19 (C) CHIEF INFORMATION OFFICER.—Not 20 earlier than 18 months after the date of enact- 21 ment of this Act and not later than 2 years 22 after the date of enactment of this Act, the 23 Federal Chief Information Officer shall review 24 and submit to the appropriate congressional 25 committees a report assessing the intrusion de- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1823 1 tection and intrusion prevention capabilities, in- 2 cluding— 3 (i) the effectiveness of the system in 4 detecting, 5 cyber-threat actors, including advanced 6 persistent threats, from accessing agency 7 information and agency information sys- 8 tems; disrupting, and preventing 9 (ii) whether the intrusion detection 10 and prevention capabilities, continuous 11 diagnostics and mitigation, and other sys- 12 tems deployed under subtitle D of title II 13 of the Homeland Security Act of 2002 (6 14 U.S.C. 231 et seq.) are effective in secur- 15 ing Federal information systems; 16 (iii) the costs and benefits of the in- 17 trusion detection and prevention capabili- 18 ties, including as compared to commercial 19 technologies and tools and including the 20 value of classified cyber threat indicators; 21 and 22 (iv) the capability of agencies to pro- 23 tect sensitive cyber threat indicators and 24 defensive measures if they were shared December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1824 1 through unclassified mechanisms for use in 2 commercial technologies and tools. 3 (2) OMB REPORT ON DEVELOPMENT AND IM- 4 PLEMENTATION OF INTRUSION ASSESSMENT PLAN, 5 ADVANCED 6 CYBERSECURITY 7 shall— INTERNAL DEFENSES, AND FEDERAL REQUIREMENTS.—The Director 8 (A) not later than 6 months after the date 9 of enactment of this Act, and 30 days after any 10 update thereto, submit the intrusion assessment 11 plan to the appropriate congressional commit- 12 tees; 13 (B) not later than 1 year after the date of 14 enactment of this Act, and annually thereafter, 15 submit to Congress, as part of the report re- 16 quired under section 3553(c) of title 44, United 17 States Code— 18 19 (i) a description of the implementation of the intrusion assessment plan; 20 (ii) the findings of the intrusion as- 21 sessments conducted pursuant to the intru- 22 sion assessment plan; 23 (iii) a description of the advanced net- 24 work security tools included in the efforts 25 to continuously diagnose and mitigate December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1825 1 cybersecurity risks pursuant to section 2 224(a)(1); and 3 (iv) a list by agency of compliance 4 with the requirements of section 225(b); 5 and 6 (C) not later than 1 year after the date of 7 enactment of this Act, submit to the appro- 8 priate congressional committees— 9 (i) a copy of the plan developed pursu- 10 ant to section 224(a)(2); and 11 (ii) the improved metrics developed 12 pursuant to section 224(c). 13 (d) FORM.—Each report required under this section 14 shall be submitted in unclassified form, but may include 15 a classified annex. 16 SEC. 227. TERMINATION. 17 (a) IN GENERAL.—The authority provided under sec- 18 tion 230 of the Homeland Security Act of 2002, as added 19 by section 223(a)(6) of this division, and the reporting re20 quirements under section 226(c) of this division shall ter21 minate on the date that is 7 years after the date of enact22 ment of this Act. 23 (b) RULE OF CONSTRUCTION.—Nothing in sub- 24 section (a) shall be construed to affect the limitation of 25 liability of a private entity for assistance provided to the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1826 1 Secretary under section 230(d)(2) of the Homeland Secu2 rity Act of 2002, as added by section 223(a)(6) of this 3 division, if such assistance was rendered before the termi4 nation date under subsection (a) or otherwise during a pe5 riod in which the assistance was authorized. 6 SEC. 228. IDENTIFICATION OF INFORMATION SYSTEMS RE- 7 LATING TO NATIONAL SECURITY. 8 (a) IN GENERAL.—Except as provided in subsection 9 (c), not later than 180 days after the date of enactment 10 of this Act— 11 (1) the Director of National Intelligence and 12 the Director of the Office of Management and Budg- 13 et, in coordination with the heads of other agencies, 14 shall— 15 (A) identify all unclassified information 16 systems that provide access to information that 17 may provide an adversary with the ability to de- 18 rive information that would otherwise be consid- 19 ered classified; 20 (B) assess the risks that would result from 21 the breach of each unclassified information sys- 22 tem identified in subparagraph (A); and 23 (C) assess the cost and impact on the mis- 24 sion carried out by each agency that owns an 25 unclassified information system identified in December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1827 1 subparagraph (A) if the system were to be sub- 2 sequently designated as a national security sys- 3 tem; and 4 (2) the Director of National Intelligence and 5 the Director of the Office of Management and Budg- 6 et shall submit to the appropriate congressional com- 7 mittees, the Select Committee on Intelligence of the 8 Senate, and the Permanent Select Committee on In- 9 telligence of the House of Representatives a report 10 that includes the findings under paragraph (1). 11 (b) FORM.—The report submitted under subsection 12 (a)(2) shall be in unclassified form, and shall include a 13 classified annex. 14 (c) EXCEPTION.—The requirements under subsection 15 (a)(1) shall not apply to the Department of Defense, a 16 national security system, or an element of the intelligence 17 community. 18 (d) RULE OF CONSTRUCTION.—Nothing in this sec- 19 tion shall be construed to designate an information system 20 as a national security system. 21 SEC. 229. DIRECTION TO AGENCIES. 22 (a) IN GENERAL.—Section 3553 of title 44, United 23 States Code, is amended by adding at the end the fol24 lowing: 25 December 16, 2015 (1:04 a.m.) ‘‘(h) DIRECTION TO AGENCIES.— U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1828 1 2 ‘‘(1) AUTHORITY.— ‘‘(A) IN GENERAL.—Subject to subpara- 3 graph (B), in response to a known or reason- 4 ably suspected information security threat, vul- 5 nerability, or incident that represents a sub- 6 stantial threat to the information security of an 7 agency, the Secretary may issue an emergency 8 directive to the head of an agency to take any 9 lawful action with respect to the operation of 10 the information system, including such systems 11 used or operated by another entity on behalf of 12 an agency, that collects, processes, stores, 13 transmits, disseminates, or otherwise maintains 14 agency information, for the purpose of pro- 15 tecting the information system from, or miti- 16 gating, an information security threat. 17 ‘‘(B) EXCEPTION.—The authorities of the 18 Secretary under this subsection shall not apply 19 to a system described subsection (d) or to a sys- 20 tem described in paragraph (2) or (3) of sub- 21 section (e). 22 ‘‘(2) PROCEDURES 23 FOR USE OF AUTHORITY.— The Secretary shall— 24 ‘‘(A) in coordination with the Director, and 25 in consultation with Federal contractors as ap- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1829 1 propriate, establish procedures governing the 2 circumstances under which a directive may be 3 issued under this subsection, which shall in- 4 clude— 5 ‘‘(i) thresholds and other criteria; 6 ‘‘(ii) privacy and civil liberties protec- 7 tions; and 8 9 10 11 12 13 ‘‘(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— 14 ‘‘(i) adopting the least intrusive 15 means possible under the circumstances to 16 secure the agency information systems; 17 and 18 ‘‘(ii) limiting directives to the shortest 19 period practicable; 20 ‘‘(D) notify the Director and the head of 21 any affected agency immediately upon the 22 issuance of a directive under this subsection; 23 ‘‘(E) consult with the Director of the Na- 24 tional Institute of Standards and Technology 25 regarding any directive under this subsection December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1830 1 that implements standards and guidelines devel- 2 oped by the National Institute of Standards 3 and Technology; 4 ‘‘(F) ensure that directives issued under 5 this subsection do not conflict with the stand- 6 ards and guidelines issued under section 11331 7 of title 40; 8 ‘‘(G) consider any applicable standards or 9 guidelines developed by the National Institute 10 of Standards and Technology issued by the Sec- 11 retary of Commerce under section 11331 of 12 title 40; and 13 ‘‘(H) not later than February 1 of each 14 year, submit to the appropriate congressional 15 committees a report regarding the specific ac- 16 tions the Secretary has taken pursuant to para- 17 graph (1)(A). 18 ‘‘(3) IMMINENT 19 ‘‘(A) IN THREATS.— GENERAL.—Notwithstanding sec- 20 tion 3554, the Secretary may authorize the use 21 under this subsection of the intrusion detection 22 and prevention capabilities established under 23 section 230(b)(1) of the Homeland Security Act 24 of 2002 for the purpose of ensuring the security 25 of agency information systems, if— December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1831 1 ‘‘(i) the Secretary determines there is 2 an imminent threat to agency information 3 systems; 4 ‘‘(ii) the Secretary determines a direc- 5 tive under subsection (b)(2)(C) or para- 6 graph (1)(A) is not reasonably likely to re- 7 sult in a timely response to the threat; 8 ‘‘(iii) the Secretary determines the 9 risk posed by the imminent threat out- 10 weighs any adverse consequences reason- 11 ably expected to result from the use of the 12 intrusion detection and prevention capabili- 13 ties under the control of the Secretary; 14 ‘‘(iv) the Secretary provides prior no- 15 tice to the Director, and the head and chief 16 information officer (or equivalent official) 17 of each agency to which specific actions 18 will be taken pursuant to this paragraph, 19 and notifies the appropriate congressional 20 committees and authorizing committees of 21 each such agency within 7 days of taking 22 an action under this paragraph of— 23 24 December 16, 2015 (1:04 a.m.) ‘‘(I) any action taken under this paragraph; and U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1832 1 ‘‘(II) the reasons for and dura- 2 tion and nature of the action; 3 ‘‘(v) the action of the Secretary is 4 consistent with applicable law; and 5 ‘‘(vi) the Secretary authorizes the use 6 of the intrusion detection and prevention 7 capabilities in accordance with the advance 8 procedures established under subparagraph 9 (C). 10 ‘‘(B) LIMITATION ON DELEGATION.—The 11 authority under this paragraph may not be del- 12 egated by the Secretary. 13 ‘‘(C) ADVANCE PROCEDURES.—The Sec- 14 retary shall, in coordination with the Director, 15 and in consultation with the heads of Federal 16 agencies, establish procedures governing the cir- 17 cumstances under which the Secretary may au- 18 thorize the use of the intrusion detection and 19 prevention capabilities under subparagraph (A). 20 The Secretary shall submit the procedures to 21 Congress. 22 ‘‘(4) LIMITATION.—The Secretary may direct 23 or authorize lawful action or the use of the intrusion 24 detection and prevention capabilities under this sub- 25 section only to— December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1833 1 ‘‘(A) protect agency information from un- 2 authorized access, use, disclosure, disruption, 3 modification, or destruction; or 4 ‘‘(B) require the remediation of or protect 5 against identified information security risks 6 with respect to— 7 8 ‘‘(i) information collected or maintained by or on behalf of an agency; or 9 ‘‘(ii) that portion of an information 10 system used or operated by an agency or 11 by a contractor of an agency or other orga- 12 nization on behalf of an agency. 13 ‘‘(i) ANNUAL REPORT TO CONGRESS.—Not later 14 than February 1 of each year, the Director and the Sec15 retary shall submit to the appropriate congressional com16 mittees a report regarding the specific actions the Director 17 and the Secretary have taken pursuant to subsection 18 (a)(5), including any actions taken pursuant to section 19 11303(b)(5) of title 40. 20 ‘‘(j) APPROPRIATE CONGRESSIONAL COMMITTEES 21 DEFINED.—In this section, the term ‘appropriate congres22 sional committees’ means— 23 ‘‘(1) the Committee on Appropriations and the 24 Committee on Homeland Security and Governmental 25 Affairs of the Senate; and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1834 1 ‘‘(2) the Committee on Appropriations, the 2 Committee on Homeland Security, the Committee on 3 Oversight and Government Reform, and the Com- 4 mittee on Science, Space, and Technology of the 5 House of Representatives.’’. 6 (b) CONFORMING AMENDMENT.—Section 7 3554(a)(1)(B) of title 44, United States Code, is amend8 ed— 9 (1) in clause (iii), by striking ‘‘and’’ at the end; 10 and 11 (2) by adding at the end the following: 12 ‘‘(v) emergency directives issued by 13 the Secretary under section 3553(h); and’’. 14 16 TITLE III—FEDERAL CYBERSECURITY WORKFORCE ASSESSMENT 17 SEC. 301. SHORT TITLE. 15 18 This title may be cited as the ‘‘Federal Cybersecurity 19 Workforce Assessment Act of 2015’’. 20 SEC. 302. DEFINITIONS. 21 In this title: 22 (1) APPROPRIATE 23 TEES.—The 24 mittees’’ means— December 16, 2015 (1:04 a.m.) CONGRESSIONAL COMMIT- term ‘‘appropriate congressional com- U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1835 1 2 3 4 5 6 7 8 9 10 11 12 (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; 13 (G) the Committee on Oversight and Gov- 14 ernment Reform of the House of Representa- 15 tives; and 16 (H) the Permanent Select Committee on 17 Intelligence of the House of Representatives. 18 (2) DIRECTOR.—The term ‘‘Director’’ means 19 the Director of the Office of Personnel Management. 20 (3) NATIONAL INITIATIVE FOR CYBERSECURITY 21 EDUCATION.—The 22 Cybersecurity Education’’ means the initiative under 23 the national cybersecurity awareness and education 24 program, as authorized under section 401 of the December 16, 2015 (1:04 a.m.) term ‘‘National Initiative for U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1836 1 Cybersecurity Enhancement Act of 2014 (15 U.S.C. 2 7451). 3 (4) WORK ROLES.—The term ‘‘ work roles’’ 4 means a specialized set of tasks and functions re- 5 quiring specific knowledge, skills, and abilities. 6 SEC. 303. NATIONAL CYBERSECURITY WORKFORCE MEAS- 7 8 UREMENT INITIATIVE. (a) IN GENERAL.—The head of each Federal agency 9 shall— 10 (1) identify all positions within the agency that 11 require the performance of cybersecurity or other 12 cyber-related functions; and 13 (2) assign the corresponding employment code 14 under the National Initiative for Cybersecurity Edu- 15 cation in accordance with subsection (b). 16 (b) EMPLOYMENT CODES.— 17 18 (1) PROCEDURES.— (A) CODING STRUCTURE.—Not later than 19 180 days after the date of the enactment of this 20 Act, the Director, in coordination with the Na- 21 tional Institute of Standards and Technology, 22 shall develop a coding structure under the Na- 23 tional Initiative for Cybersecurity Education. 24 25 December 16, 2015 (1:04 a.m.) (B) IDENTIFICATION PERSONNEL.—Not OF CIVILIAN CYBER later than 9 months after U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1837 1 the date of enactment of this Act, the Director, 2 in coordination with the Secretary of Homeland 3 Security, the Director of the National Institute 4 of Standards and Technology, and the Director 5 of National Intelligence, shall establish proce- 6 dures to implement the National Initiative for 7 Cybersecurity Education coding structure to 8 identify all Federal civilian positions that re- 9 quire the performance of information tech- 10 nology, cybersecurity, or other cyber-related 11 functions. 12 (C) IDENTIFICATION OF NONCIVILIAN 13 CYBER PERSONNEL.—Not 14 after the date of enactment of this Act, the Sec- 15 retary of Defense shall establish procedures to 16 implement 17 Cybersecurity Education’s coding structure to 18 identify all Federal noncivilian positions that 19 require the performance of information tech- 20 nology, cybersecurity, or other cyber-related 21 functions. 22 the (D) BASELINE later than 18 months National Initiative for ASSESSMENT OF EXISTING 23 CYBERSECURITY WORKFORCE.—Not 24 3 months after the date on which the proce- 25 dures are developed under subparagraphs (B) December 16, 2015 (1:04 a.m.) later than U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1838 1 and (C), respectively, the head of each Federal 2 agency shall submit to the appropriate congres- 3 sional committees of jurisdiction a report that 4 identifies— 5 (i) the percentage of personnel with 6 information technology, cybersecurity, or 7 other cyber-related job functions who cur- 8 rently hold the appropriate industry-recog- 9 nized certifications as identified under the 10 National Initiative for Cybersecurity Edu- 11 cation; 12 (ii) the level of preparedness of other 13 civilian and noncivilian cyber personnel 14 without existing credentials to take certifi- 15 cation exams; and 16 (iii) a strategy for mitigating any 17 gaps identified in clause (i) or (ii) with the 18 appropriate training and certification for 19 existing personnel. 20 (E) 21 CODES.—Not 22 date on which the procedures are developed 23 under subparagraphs (B) and (C), respectively, 24 the head of each Federal agency shall establish 25 procedures— December 16, 2015 (1:04 a.m.) PROCEDURES FOR ASSIGNING later than 3 months after the U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1839 1 (i) to identify all encumbered and va- 2 cant positions with information technology, 3 cybersecurity, or other cyber-related func- 4 tions (as defined in the National Initiative 5 for Cybersecurity Education’s coding struc- 6 ture); and 7 (ii) to assign the appropriate employ- 8 ment code to each such position, using 9 agreed standards and definitions. 10 (2) CODE ASSIGNMENTS.—Not later than 1 11 year after the date after the procedures are estab- 12 lished under paragraph (1)(E), the head of each 13 Federal agency shall complete assignment of the ap- 14 propriate employment code to each position within 15 the 16 cybersecurity, or other cyber-related functions. 17 (c) PROGRESS REPORT.—Not later than 180 days agency with information technology, 18 after the date of enactment of this Act, the Director shall 19 submit a progress report on the implementation of this 20 section to the appropriate congressional committees. 21 SEC. 304. IDENTIFICATION OF CYBER-RELATED WORK 22 23 ROLES OF CRITICAL NEED. (a) IN GENERAL.—Beginning not later than 1 year 24 after the date on which the employment codes are assigned 25 to employees pursuant to section 303(b)(2), and annually December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1840 1 thereafter through 2022, the head of each Federal agency, 2 in consultation with the Director, the Director of the Na3 tional Institute of Standards and Technology, and the Sec4 retary of Homeland Security, shall— 5 (1) identify information technology, 6 cybersecurity, or other cyber-related work roles of 7 critical need in the agency’s workforce; and 8 (2) submit a report to the Director that— 9 (A) describes the information technology, 10 cybersecurity, or other cyber-related roles iden- 11 tified under paragraph (1); and 12 13 14 (B) substantiates the critical need designations. (b) GUIDANCE.—The Director shall provide Federal 15 agencies with timely guidance for identifying information 16 technology, cybersecurity, or other cyber-related roles of 17 critical need, including— 18 (1) current information technology, 19 cybersecurity, and other cyber-related roles with 20 acute skill shortages; and 21 (2) information technology, cybersecurity, or 22 other cyber-related roles with emerging skill short- 23 ages. 24 (c) CYBERSECURITY NEEDS REPORT.—Not later 25 than 2 years after the date of the enactment of this Act, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1841 1 the Director, in consultation with the Secretary of Home2 land Security, shall— 3 (1) identify critical needs for information tech- 4 nology, cybersecurity, or other cyber-related work- 5 force across all Federal agencies; and 6 (2) submit a progress report on the implemen- 7 tation of this section to the appropriate congres- 8 sional committees. 9 SEC. 305. GOVERNMENT ACCOUNTABILITY OFFICE STATUS 10 REPORTS. 11 The Comptroller General of the United States shall— 12 (1) analyze and monitor the implementation of 13 sections 303 and 304; and 14 (2) not later than 3 years after the date of the 15 enactment of this Act, submit a report to the appro- 16 priate congressional committees that describes the 17 status of such implementation. TITLE IV—OTHER CYBER MATTERS 18 19 20 SEC. 401. STUDY ON MOBILE DEVICE SECURITY. 21 (a) IN GENERAL.—Not later than 1 year after the 22 date of the enactment of this Act, the Secretary of Home23 land Security, in consultation with the Director of the Na24 tional Institute of Standards and Technology, shall— December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1842 1 (1) complete a study on threats relating to the 2 security of the mobile devices of the Federal Govern- 3 ment; and 4 (2) submit an unclassified report to Congress, 5 with a classified annex if necessary, that contains 6 the findings of such study, the recommendations de- 7 veloped under paragraph (3) of subsection (b), the 8 deficiencies, if any, identified under (4) of such sub- 9 section, and the plan developed under paragraph (5) 10 of such subsection. 11 (b) MATTERS STUDIED.—In carrying out the study 12 under subsection (a)(1), the Secretary, in consultation 13 with the Director of the National Institute of Standards 14 and Technology, shall— 15 (1) assess the evolution of mobile security tech- 16 niques from a desktop-centric approach, and whether 17 such techniques are adequate to meet current mobile 18 security challenges; 19 (2) assess the effect such threats may have on 20 the cybersecurity of the information systems and 21 networks of the Federal Government (except for na- 22 tional security systems or the information systems 23 and networks of the Department of Defense and the 24 intelligence community); December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1843 1 (3) develop recommendations for addressing 2 such threats based on industry standards and best 3 practices; 4 (4) identify any deficiencies in the current au- 5 thorities of the Secretary that may inhibit the ability 6 of the Secretary to address mobile device security 7 throughout the Federal Government (except for na- 8 tional security systems and the information systems 9 and networks of the Department of Defense and in- 10 telligence community); and 11 (5) develop a plan for accelerated adoption of 12 secure mobile device technology by the Department 13 of Homeland Security. 14 (c) INTELLIGENCE COMMUNITY DEFINED.—In this 15 section, the term ‘‘intelligence community’’ has the mean16 ing given such term in section 3 of the National Security 17 Act of 1947 (50 U.S.C. 3003). 18 SEC. 402. DEPARTMENT OF STATE INTERNATIONAL CYBER- 19 20 SPACE POLICY STRATEGY. (a) IN GENERAL.—Not later than 90 days after the 21 date of the enactment of this Act, the Secretary of State 22 shall produce a comprehensive strategy relating to United 23 States international policy with regard to cyberspace. 24 (b) ELEMENTS.—The strategy required by subsection 25 (a) shall include the following: December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1844 1 (1) A review of actions and activities under- 2 taken by the Secretary of State to date to support 3 the goal of the President’s International Strategy for 4 Cyberspace, released in May 2011, to ‘‘work inter- 5 nationally to promote an open, interoperable, secure, 6 and reliable information and communications infra- 7 structure that supports international trade and com- 8 merce, strengthens international security, and fos- 9 ters free expression and innovation.’’. 10 (2) A plan of action to guide the diplomacy of 11 the Secretary of State, with regard to foreign coun- 12 tries, including conducting bilateral and multilateral 13 activities to develop the norms of responsible inter- 14 national behavior in cyberspace, and status review of 15 existing discussions in multilateral fora to obtain 16 agreements on international norms in cyberspace. 17 (3) A review of the alternative concepts with re- 18 gard to international norms in cyberspace offered by 19 foreign countries that are prominent actors, includ- 20 ing China, Russia, Brazil, and India. 21 (4) A detailed description of threats to United 22 States national security in cyberspace from foreign 23 countries, state-sponsored actors, and private actors 24 to Federal and private sector infrastructure of the 25 United States, intellectual property in the United December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1845 1 States, and the privacy of citizens of the United 2 States. 3 (5) A review of policy tools available to the 4 President to deter foreign countries, state-sponsored 5 actors, and private actors, including those outlined 6 in Executive Order 13694, released on April 1, 7 2015. 8 (6) A review of resources required by the Sec- 9 retary, including the Office of the Coordinator for 10 Cyber Issues, to conduct activities to build respon- 11 sible norms of international cyber behavior. 12 (c) CONSULTATION.—In preparing the strategy re- 13 quired by subsection (a), the Secretary of State shall con14 sult, as appropriate, with other agencies and departments 15 of the United States and the private sector and nongovern16 mental organizations in the United States with recognized 17 credentials and expertise in foreign policy, national secu18 rity, and cybersecurity. 19 (d) FORM OF STRATEGY.—The strategy required by 20 subsection (a) shall be in unclassified form, but may in21 clude a classified annex. 22 (e) AVAILABILITY OF INFORMATION.—The Secretary 23 of State shall— 24 25 December 16, 2015 (1:04 a.m.) (1) make the strategy required in subsection (a) available the public; and U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1846 1 (2) brief the Committee on Foreign Relations of 2 the Senate and the Committee on Foreign Affairs of 3 the House of Representatives on the strategy, in- 4 cluding any material contained in a classified annex. 5 SEC. 403. APPREHENSION AND PROSECUTION OF INTER- 6 7 NATIONAL CYBER CRIMINALS. (a) INTERNATIONAL CYBER CRIMINAL DEFINED.— 8 In this section, the term ‘‘international cyber criminal’’ 9 means an individual— 10 (1) who is believed to have committed a 11 cybercrime or intellectual property crime against the 12 interests of the United States or the citizens of the 13 United States; and 14 15 16 (2) for whom— (A) an arrest warrant has been issued by a judge in the United States; or 17 (B) an international wanted notice (com- 18 monly referred to as a ‘‘Red Notice’’) has been 19 circulated by Interpol. 20 (b) CONSULTATIONS FOR NONCOOPERATION.—The 21 Secretary of State, or designee, shall consult with the ap22 propriate government official of each country from which 23 extradition is not likely due to the lack of an extradition 24 treaty with the United States or other reasons, in which 25 one or more international cyber criminals are physically December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1847 1 present, to determine what actions the government of such 2 country has taken— 3 4 (1) to apprehend and prosecute such criminals; and 5 (2) to prevent such criminals from carrying out 6 cybercrimes or intellectual property crimes against 7 the interests of the United States or its citizens. 8 (c) ANNUAL REPORT.— 9 (1) IN GENERAL.—The Secretary of State shall 10 submit to the appropriate congressional committees 11 an annual report that includes— 12 (A) the number of international cyber 13 criminals 14 disaggregated by country, and indicating from 15 which countries extradition is not likely due to 16 the lack of an extradition treaty with the 17 United States or other reasons; located in other countries, 18 (B) the nature and number of significant 19 discussions by an official of the Department of 20 State on ways to thwart or prosecute inter- 21 national cyber criminals with an official of an- 22 other country, including the name of each such 23 country; and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1848 1 (C) for each international cyber criminal 2 who was extradited to the United States during 3 the most recently completed calendar year— 4 (i) his or her name; 5 (ii) the crimes for which he or she was 6 charged; 7 8 (iii) his or her previous country of residence; and 9 (iv) the country from which he or she 10 was extradited into the United States. 11 (2) FORM.—The report required by this sub- 12 section shall be in unclassified form to the maximum 13 extent possible, but may include a classified annex. 14 (3) APPROPRIATE CONGRESSIONAL COMMIT- 15 TEES.—For 16 ‘‘appropriate congressional committees’’ means— purposes of this subsection, the term 17 (A) the Committee on Foreign Relations, 18 the Committee on Appropriations, the Com- 19 mittee on Homeland Security and Govern- 20 mental Affairs, the Committee on Banking, 21 Housing, and Urban Affairs, the Select Com- 22 mittee on Intelligence, and the Committee on 23 the Judiciary of the Senate; and 24 (B) the Committee on Foreign Affairs, the 25 Committee on Appropriations, the Committee December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1849 1 on Homeland Security, the Committee on Fi- 2 nancial Services, the Permanent Select Com- 3 mittee on Intelligence, and the Committee on 4 the Judiciary of the House of Representatives. 5 SEC. 404. ENHANCEMENT OF EMERGENCY SERVICES. 6 (a) COLLECTION OF DATA.—Not later than 90 days 7 after the date of the enactment of this Act, the Secretary 8 of Homeland Security, acting through the center estab9 lished under section 227 of the Homeland Security Act 10 of 2002, as redesignated by section 223(a)(3) of this divi11 sion, in coordination with appropriate Federal entities and 12 the Director for Emergency Communications, shall estab13 lish a process by which a Statewide Interoperability Coor14 dinator may report data on any cybersecurity risk or inci15 dent involving any information system or network used by 16 emergency response providers (as defined in section 2 of 17 the Homeland Security Act of 2002 (6 U.S.C. 101)) with18 in the State. 19 (b) ANALYSIS OF DATA.—Not later than 1 year after 20 the date of the enactment of this Act, the Secretary of 21 Homeland Security, acting through the Director of the 22 National Cybersecurity and Communications Integration 23 Center, in coordination with appropriate entities and the 24 Director for Emergency Communications, and in consulta25 tion with the Secretary of Commerce, acting through the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1850 1 Director of the National Institute of Standards and Tech2 nology, shall conduct integration and analysis of the data 3 reported under subsection (a) to develop information and 4 recommendations on security and resilience measures for 5 any information system or network used by State emer6 gency response providers. 7 8 (c) BEST PRACTICES.— (1) IN GENERAL.—Using the results of the in- 9 tegration and analysis conducted under subsection 10 (b), and any other relevant information, the Director 11 of the National Institute of Standards and Tech- 12 nology shall, on an ongoing basis, facilitate and sup- 13 port the development of methods for reducing 14 cybersecurity risks to emergency response providers 15 using the process described in section 2(e) of the 16 National Institute of Standards and Technology Act 17 (15 U.S.C. 272(e)). 18 (2) REPORT.—The Director of the National In- 19 stitute of Standards and Technology shall submit to 20 Congress a report on the result of the activities of 21 the Director under paragraph (1), including any 22 methods developed by the Director under such para- 23 graph, and shall make such report publicly available 24 on the website of the National Institute of Stand- 25 ards and Technology. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1851 1 (d) RULE CONSTRUCTION.—Nothing in this sec- OF 2 tion shall be construed to— 3 (1) require a State to report data under sub- 4 section (a); or 5 (2) require a non-Federal entity (as defined in 6 section 102) to— 7 (A) adopt a recommended measure devel- 8 oped under subsection (b); or 9 (B) follow the result of the activities car- 10 ried out under subsection (c), including any 11 methods developed under such subsection. 12 SEC. 405. IMPROVING CYBERSECURITY IN THE HEALTH 13 14 15 CARE INDUSTRY. (a) DEFINITIONS.—In this section: (1) APPROPRIATE 16 TEES.—The 17 mittees’’ means— CONGRESSIONAL COMMIT- term ‘‘appropriate congressional com- 18 (A) the Committee on Health, Education, 19 Labor, and Pensions, the Committee on Home- 20 land Security and Governmental Affairs, and 21 the Select Committee on Intelligence of the 22 Senate; and 23 (B) the Committee on Energy and Com- 24 merce, the Committee on Homeland Security, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1852 1 and the Permanent Select Committee on Intel- 2 ligence of the House of Representatives. 3 (2) BUSINESS ASSOCIATE.—The term ‘‘business 4 associate’’ has the meaning given such term in sec- 5 tion 160.103 of title 45, Code of Federal Regula- 6 tions (as in effect on the day before the date of the 7 enactment of this Act). 8 (3) COVERED ENTITY.—The term ‘‘covered en- 9 tity’’ has the meaning given such term in section 10 160.103 of title 45, Code of Federal Regulations (as 11 in effect on the day before the date of the enactment 12 of this Act). 13 (4) CYBERSECURITY THREAT; CYBER THREAT 14 INDICATOR; DEFENSIVE MEASURE; FEDERAL ENTI- 15 TY; NON-FEDERAL ENTITY; PRIVATE ENTITY.—The 16 terms ‘‘cybersecurity threat’’, ‘‘cyber threat indi- 17 cator’’, ‘‘defensive measure’’, ‘‘Federal entity’’, 18 ‘‘non-Federal entity’’, and ‘‘private entity’’ have the 19 meanings given such terms in section 102 of this di- 20 vision. 21 (5) HEALTH CARE CLEARINGHOUSE; HEALTH 22 CARE 23 ‘‘health care clearinghouse’’, ‘‘health care provider’’, 24 and ‘‘health plan’’ have the meanings given such 25 terms in section 160.103 of title 45, Code of Federal December 16, 2015 (1:04 a.m.) PROVIDER; HEALTH PLAN.—The terms U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1853 1 Regulations (as in effect on the day before the date 2 of the enactment of this Act). 3 (6) HEALTH CARE INDUSTRY STAKEHOLDER.— 4 The term ‘‘health care industry stakeholder’’ means 5 any— 6 7 (A) health plan, health care clearinghouse, or health care provider; 8 (B) advocate for patients or consumers; 9 (C) pharmacist; 10 11 (D) developer or vendor of health information technology; 12 (E) laboratory; 13 (F) pharmaceutical or medical device man- 14 ufacturer; or 15 (G) additional stakeholder the Secretary 16 determines necessary for purposes of subsection 17 (b)(1), (c)(1), (c)(3), or (d)(1). 18 (7) SECRETARY.—The term ‘‘Secretary’’ means 19 the Secretary of Health and Human Services. 20 (b) REPORT.— 21 (1) IN GENERAL.—Not later than 1 year after 22 the date of enactment of this Act, the Secretary 23 shall submit to the Committee on Health, Edu- 24 cation, Labor, and Pensions of the Senate and the 25 Committee on Energy and Commerce of the House December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1854 1 of Representatives a report on the preparedness of 2 the Department of Health and Human Services and 3 health care industry stakeholders in responding to 4 cybersecurity threats. 5 (2) CONTENTS OF REPORT.—With respect to 6 the internal response of the Department of Health 7 and Human Services to emerging cybersecurity 8 threats, the report under paragraph (1) shall in- 9 clude— 10 (A) a clear statement of the official within 11 the Department of Health and Human Services 12 to be responsible for leading and coordinating 13 efforts 14 cybersecurity threats in the health care indus- 15 try; and of the Department regarding 16 (B) a plan from each relevant operating di- 17 vision and subdivision of the Department of 18 Health and Human Services on how such divi- 19 sion or subdivision will address cybersecurity 20 threats in the health care industry, including a 21 clear delineation of how each such division or 22 subdivision will divide responsibility among the 23 personnel of such division or subdivision and 24 communicate with other such divisions and sub- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1855 1 divisions regarding efforts to address such 2 threats. 3 (c) HEALTH CARE INDUSTRY CYBERSECURITY TASK 4 FORCE.— 5 (1) IN GENERAL.—Not later than 90 days after 6 the date of the enactment of this Act, the Secretary, 7 in consultation with the Director of the National In- 8 stitute of Standards and Technology and the Sec- 9 retary of Homeland Security, shall convene health 10 care industry stakeholders, cybersecurity experts, 11 and any Federal agencies or entities the Secretary 12 determines appropriate to establish a task force to— 13 (A) analyze how industries, other than the 14 health care industry, have implemented strate- 15 gies 16 cybersecurity threats within their respective in- 17 dustries; and safeguards for addressing 18 (B) analyze challenges and barriers private 19 entities (excluding any State, tribal, or local 20 government) in the health care industry face se- 21 curing themselves against cyber attacks; 22 (C) review challenges that covered entities 23 and 24 networked medical devices and other software December 16, 2015 (1:04 a.m.) business associates face in securing U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1856 1 or systems that connect to an electronic health 2 record; 3 (D) provide the Secretary with information 4 to disseminate to health care industry stake- 5 holders of all sizes for purposes of improving 6 their 7 cybersecurity threats affecting the health care 8 industry; preparedness for, and response to, 9 (E) establish a plan for implementing title 10 I of this division, so that the Federal Govern- 11 ment and health care industry stakeholders may 12 in real time, share actionable cyber threat indi- 13 cators and defensive measures; and 14 (F) report to the appropriate congressional 15 committees on the findings and recommenda- 16 tions of the task force regarding carrying out 17 subparagraphs (A) through (E). 18 (2) TERMINATION.—The task force established 19 under this subsection shall terminate on the date 20 that is 1 year after the date on which such task 21 force is established. 22 (3) DISSEMINATION.—Not later than 60 days 23 after the termination of the task force established 24 under this subsection, the Secretary shall dissemi- 25 nate the information described in paragraph (1)(D) December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1857 1 to health care industry stakeholders in accordance 2 with such paragraph. 3 (d) ALIGNING HEALTH CARE INDUSTRY SECURITY 4 APPROACHES.— 5 (1) IN GENERAL.—The Secretary shall estab- 6 lish, through a collaborative process with the Sec- 7 retary of Homeland Security, health care industry 8 stakeholders, the Director of the National Institute 9 of Standards and Technology, and any Federal enti- 10 ty or non-Federal entity the Secretary determines 11 appropriate, a common set of voluntary, consensus- 12 based, and industry-led guidelines, best practices, 13 methodologies, procedures, and processes that— 14 (A) serve as a resource for cost-effectively 15 reducing cybersecurity risks for a range of 16 health care organizations; 17 (B) support voluntary adoption and imple- 18 mentation efforts to improve safeguards to ad- 19 dress cybersecurity threats; 20 (C) are consistent with— 21 (i) the standards, guidelines, best 22 practices, methodologies, procedures, and 23 processes developed under section 2(c)(15) 24 of the National Institute of Standards and 25 Technology Act (15 U.S.C. 272(c)(15)); December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1858 1 (ii) the security and privacy regula- 2 tions promulgated under section 264(c) of 3 the Health Insurance Portability and Ac- 4 countability Act of 1996 (42 U.S.C. 5 1320d–2 note); and 6 (iii) the provisions of the Health In- 7 formation Technology for Economic and 8 Clinical Health Act (title XIII of division 9 A, and title IV of division B, of Public 10 Law 111–5), and the amendments made 11 by such Act; and 12 (D) are updated on a regular basis and ap- 13 plicable to a range of health care organizations. 14 (2) LIMITATION.—Nothing in this subsection 15 shall be interpreted as granting the Secretary au- 16 thority to— 17 (A) provide for audits to ensure that 18 health care organizations are in compliance 19 with this subsection; or 20 (B) mandate, direct, or condition the 21 award of any Federal grant, contract, or pur- 22 chase, on compliance with this subsection. 23 (3) NO LIABILITY FOR NONPARTICIPATION.— 24 Nothing in this section shall be construed to subject 25 a health care industry stakeholder to liability for December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1859 1 choosing not to engage in the voluntary activities au- 2 thorized or guidelines developed under this sub- 3 section. 4 (e) INCORPORATING ONGOING ACTIVITIES.—In car- 5 rying out the activities under this section, the Secretary 6 may incorporate activities that are ongoing as of the day 7 before the date of enactment of this Act and that are con8 sistent with the objectives of this section. 9 (f) RULE OF CONSTRUCTION.—Nothing in this sec- 10 tion shall be construed to limit the antitrust exemption 11 under section 104(e) or the protection from liability under 12 section 106. 13 SEC. 406. FEDERAL COMPUTER SECURITY. 14 15 (a) DEFINITIONS.—In this section: (1) COVERED SYSTEM.—The term ‘‘covered sys- 16 tem’’ shall mean a national security system as de- 17 fined in section 11103 of title 40, United States 18 Code, or a Federal computer system that provides 19 access to personally identifiable information. 20 (2) COVERED AGENCY.—The term ‘‘covered 21 agency’’ means an agency that operates a covered 22 system. 23 24 December 16, 2015 (1:04 a.m.) (3) LOGICAL ACCESS CONTROL.—The term ‘‘logical access control’’ means a process of granting U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1860 1 or denying specific requests to obtain and use infor- 2 mation and related information processing services. 3 (4) MULTI-FACTOR AUTHENTICATION.—The 4 term ‘‘multi-factor authentication’’ means the use of 5 not fewer than 2 authentication factors, such as the 6 following: 7 (A) Something that is known to the user, 8 such as a password or personal identification 9 number. 10 (B) An access device that is provided to 11 the user, such as a cryptographic identification 12 device or token. 13 (C) A unique biometric characteristic of 14 the user. 15 (5) PRIVILEGED USER.—The term ‘‘privileged 16 user’’ means a user who has access to system con- 17 trol, monitoring, or administrative functions. 18 (b) INSPECTOR GENERAL REPORTS ON COVERED 19 SYSTEMS.— 20 (1) IN GENERAL.—Not later than 240 days 21 after the date of enactment of this Act, the Inspec- 22 tor General of each covered agency shall submit to 23 the appropriate committees of jurisdiction in the 24 Senate and the House of Representatives a report, 25 which shall include information collected from the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1861 1 covered agency for the contents described in para- 2 graph (2) regarding the Federal computer systems 3 of the covered agency. 4 (2) CONTENTS.—The report submitted by each 5 Inspector General of a covered agency under para- 6 graph (1) shall include, with respect to the covered 7 agency, the following: 8 (A) A description of the logical access poli- 9 cies and practices used by the covered agency to 10 access a covered system, including whether ap- 11 propriate standards were followed. 12 (B) A description and list of the logical ac- 13 cess controls and multi-factor authentication 14 used by the covered agency to govern access to 15 covered systems by privileged users. 16 (C) If the covered agency does not use log- 17 ical access controls or multi-factor authentica- 18 tion to access a covered system, a description of 19 the reasons for not using such logical access 20 controls or multi-factor authentication. 21 (D) A description of the following informa- 22 tion security management practices used by the 23 covered agency regarding covered systems: 24 (i) The policies and procedures fol- 25 lowed to conduct inventories of the soft- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1862 1 ware present on the covered systems of the 2 covered agency and the licenses associated 3 with such software. 4 (ii) What capabilities the covered 5 agency utilizes to monitor and detect 6 exfiltration and other threats, including— 7 (I) data loss prevention capabili- 8 9 10 11 ties; (II) forensics and visibility capabilities; or (III) digital rights management 12 capabilities. 13 (iii) A description of how the covered 14 agency is using the capabilities described 15 in clause (ii). 16 (iv) If the covered agency is not uti- 17 lizing capabilities described in clause (ii), a 18 description of the reasons for not utilizing 19 such capabilities. 20 (E) A description of the policies and proce- 21 dures of the covered agency with respect to en- 22 suring that entities, including contractors, that 23 provide services to the covered agency are im- 24 plementing the information security manage- 25 ment practices described in subparagraph (D). December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1863 1 (3) EXISTING REVIEW.—The reports required 2 under this subsection may be based in whole or in 3 part on an audit, evaluation, or report relating to 4 programs or practices of the covered agency, and 5 may be submitted as part of another report, includ- 6 ing the report required under section 3555 of title 7 44, United States Code. 8 (4) CLASSIFIED 9 INFORMATION.—Reports sub- mitted under this subsection shall be in unclassified 10 form, but may include a classified annex. 11 SEC. 407. STOPPING THE FRAUDULENT SALE OF FINANCIAL 12 INFORMATION OF PEOPLE OF THE UNITED 13 STATES. 14 Section 1029(h) of title 18, United States Code, is 15 amended by striking ‘‘title if—’’ and all that follows 16 through ‘‘therefrom.’’ and inserting ‘‘title if the offense 17 involves an access device issued, owned, managed, or con18 trolled by a financial institution, account issuer, credit 19 card system member, or other entity organized under the 20 laws of the United States, or any State, the District of 21 Columbia, or other territory of the United States.’’. 22 23 DIVISION O—OTHER MATTERS SEC. 1. TABLE OF CONTENTS. 24 The table of contents for this division is as follows: Sec. 1. Table of contents. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1864 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. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1865 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. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 901. 902. 903. 904. 905. 906. 907. 908. Short title. Definitions. Purposes and agreements. National Oceans and Coastal Security Fund. Eligible uses. Grants. Annual report. 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. 3 TITLE I—OIL EXPORTS, SAFETY VALVE, AND MARITIME SECURITY 4 SEC. 101. OIL EXPORTS, SAFETY VALVE, AND MARITIME SE- 1 2 5 CURITY. 6 (a) REPEAL.—Section 103 of the Energy Policy and 7 Conservation Act (42 U.S.C. 6212) and the item relating 8 thereto in the table of contents of that Act are repealed. 9 10 (b) NATIONAL POLICY TION.—Notwithstanding December 16, 2015 (1:04 a.m.) ON OIL EXPORT RESTRIC- any other provision of law, except U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1866 1 as provided in subsections (c) and (d), to promote the effi2 cient exploration, production, storage, supply, marketing, 3 pricing, and regulation of energy resources, including fos4 sil fuels, no official of the Federal Government shall im5 pose or enforce any restriction on the export of crude oil. 6 (c) SAVINGS CLAUSE.—Nothing in this section limits 7 the authority of the President under the Constitution, the 8 International Emergency Economic Powers Act (50 9 U.S.C. 1701 et seq.) or regulations issued under that Act 10 (other than section 754.2 of title 15, Code of Federal Reg11 ulations), the National Emergencies Act (50 U.S.C. 1601 12 et seq.), part B of title II of the Energy Policy and Con13 servation Act (42 U.S.C. 6271 et seq.), the Trading With 14 the Enemy Act (50 U.S.C. App. 1 et seq.), or any other 15 provision of law that imposes sanctions on a foreign per16 son or foreign government (including any provision of law 17 that prohibits or restricts United States persons from en18 gaging in a transaction with a sanctioned person or gov19 ernment), including a foreign government that is des20 ignated as a state sponsor of terrorism, to prohibit ex21 ports. 22 (d) EXCEPTIONS 23 (1) IN 24 December 16, 2015 (1:04 a.m.) AND PRESIDENTIAL AUTHORITY.— GENERAL.—The President may impose export licensing requirements or other restrictions U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1867 1 on the export of crude oil from the United States for 2 a period of not more than 1 year, if— 3 (A) the President declares a national emer- 4 gency and formally notices the declaration of a 5 national emergency in the Federal Register; 6 (B) the export licensing requirements or 7 other restrictions on the export of crude oil 8 from the United States under this subsection 9 apply to 1 or more countries, persons, or orga- 10 nizations in the context of sanctions or trade 11 restrictions imposed by the United States for 12 reasons of national security by the Executive 13 authority of the President or by Congress; or 14 (C) the Secretary of Commerce, in con- 15 sultation with the Secretary of Energy, finds 16 and reports to the President that— 17 (i) the export of crude oil pursuant to 18 this Act has caused sustained material oil 19 supply shortages or sustained oil prices 20 significantly above world market levels that 21 are directly attributable to the export of 22 crude oil produced in the United States; 23 and 24 (ii) those supply shortages or price in- 25 creases have caused or are likely to cause December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1868 1 sustained material adverse employment ef- 2 fects in the United States. 3 (2) RENEWAL.—Any requirement or restriction 4 imposed pursuant to subparagraph (A) of paragraph 5 (1) may be renewed for 1 or more additional periods 6 of not more than 1 year each. 7 (e) NATIONAL DEFENSE SEALIFT ENHANCEMENT.— 8 (1) PAYMENTS.—Section 53106(a)(1) of title 9 10 11 46, United States Code, is amended— (A) in subparagraph (B), by striking the comma before ‘‘for each’’; 12 (B) in subparagraph (C), by striking 13 ‘‘2015, 2016, 2017, and 2018;’’ and inserting 14 ‘‘and 2015;’’; 15 16 17 18 (C) by redesignating subparagraph (E) as subparagraph (G); and (D) by striking subparagraph (D) and inserting the following: 19 ‘‘(D) $4,999,950 for fiscal year 2017; 20 ‘‘(E) $5,000,000 for each of fiscal years 21 22 23 December 16, 2015 (1:04 a.m.) 2018, 2019, and 2020; ‘‘(F) $5,233,463 for fiscal year 2021; and’’. U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1869 1 (2) AUTHORIZATION OF APPROPRIATIONS.— 2 Section 53111 of title 46, United States Code, is 3 amended— 4 (A) in paragraph (3), by striking ‘‘2015, 5 2017, and 2018;’’ and inserting ‘‘and 2015’’; 6 (B) by redesignating paragraph (5) as 7 paragraph (7); and 8 (C) by striking paragraph (4) and insert- 9 ing the following: 10 ‘‘(4) $299,997,000 for fiscal year 2017; 11 ‘‘(5) $300,000,000 for each of fiscal years 12 2018, 2019, and 2020; 13 ‘‘(6) $314,007,780 for fiscal year 2021; and’’. 14 16 TITLE II—TERRORIST TRAVEL PREVENTION AND VISA WAIVER PROGRAM REFORM 17 SECTION 201. SHORT TITLE. 15 18 This title may be cited as the ‘‘Visa Waiver Program 19 Improvement and Terrorist Travel Prevention Act of 20 2015’’. 21 SEC. 202. ELECTRONIC PASSPORT REQUIREMENT. 22 23 (a) REQUIREMENT TRONIC FOR ALIEN TO POSSESS ELEC- PASSPORT.—Section 217(a)(3) of the Immigra- 24 tion and Nationality Act (8 U.S.C. 1187(a)(3)) is amend25 ed to read as follows: December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1870 1 ‘‘(3) PASSPORT REQUIREMENTS.—The alien, at 2 the time of application for admission, is in posses- 3 sion of a valid unexpired passport that satisfies the 4 following: 5 ‘‘(A) MACHINE READABLE.—The passport 6 is a machine-readable passport that is tamper- 7 resistant, incorporates document authentication 8 identifiers, and otherwise satisfies the inter- 9 nationally accepted standard for machine read- 10 ability. 11 ‘‘(B) ELECTRONIC.—Beginning on April 1, 12 2016, the passport is an electronic passport 13 that is fraud-resistant, contains relevant bio- 14 graphic and biometric information (as deter- 15 mined by the Secretary of Homeland Security), 16 and otherwise satisfies internationally accepted 17 standards for electronic passports.’’. 18 (b) REQUIREMENT FOR PROGRAM COUNTRY TO 19 VALIDATE PASSPORTS.—Section 217(c)(2)(B) of the Im20 migration and Nationality Act (8 U.S.C. 1187(c)(2)(B)) 21 is amended to read as follows: 22 23 ‘‘(B) PASSPORT PROGRAM.— ‘‘(i) ISSUANCE OF PASSPORTS.—The 24 government of the country certifies that it 25 issues to its citizens passports described in December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1871 1 subparagraph (A) of subsection (a)(3), and 2 on or after April 1, 2016, passports de- 3 scribed in subparagraph (B) of subsection 4 (a)(3). 5 ‘‘(ii) VALIDATION OF PASSPORTS.— 6 Not later than October 1, 2016, the gov- 7 ernment of the country certifies that it has 8 in place mechanisms to validate passports 9 described in subparagraphs (A) and (B) of 10 subsection (a)(3) at each key port of entry 11 into that country. This requirement shall 12 not apply to travel between countries which 13 fall within the Schengen Zone.’’. 14 (c) CONFORMING AMENDMENT.—Section 303(c) of 15 the Enhanced Border Security and Visa Entry Reform Act 16 of 2002 is repealed (8 U.S.C. 1732(c)). 17 SEC. 203. RESTRICTION ON USE OF VISA WAIVER PROGRAM 18 FOR 19 COUNTRIES. 20 ALIENS WHO TRAVEL TO CERTAIN Section 217(a) of the Immigration and Nationality 21 Act (8 U.S.C. 1187(a)), as amended by this Act, is further 22 amended by adding at the end the following: 23 24 December 16, 2015 (1:04 a.m.) ‘‘(12) NOT PRESENT IN IRAQ, SYRIA, OR ANY OTHER COUNTRY OR AREA OF CONCERN.— U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1872 1 2 3 4 ‘‘(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— 5 ‘‘(I) in Iraq or Syria; 6 ‘‘(II) in a country that is des- 7 ignated by the Secretary of State 8 under section 6(j) of the Export Ad- 9 ministration Act of 1979 (50 U.S.C. 10 2405) (as continued in effect under 11 the International Emergency Eco- 12 nomic Powers Act (50 U.S.C. 1701 et 13 seq.)), section 40 of the Arms Export 14 Control Act (22 U.S.C. 2780), section 15 620A of the Foreign Assistance Act of 16 1961 (22 U.S.C. 2371), or any other 17 provision of law, as a country, the 18 government of which has repeatedly 19 provided support of acts of inter- 20 national terrorism; or 21 ‘‘(III) in any other country or 22 area of concern designated by the Sec- 23 retary of Homeland Security under 24 subparagraph (D); and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1873 1 ‘‘(ii) regardless of whether the alien is 2 a national of a program country, the alien 3 is not a national of— 4 ‘‘(I) Iraq or Syria; 5 ‘‘(II) a country that is des- 6 ignated, at the time the alien applies 7 for admission, by the Secretary of 8 State under section 6(j) of the Export 9 Administration Act of 1979 (50 10 U.S.C. 2405) (as continued in effect 11 under the International Emergency 12 Economic Powers Act (50 U.S.C. 13 1701 et seq.)), section 40 of the Arms 14 Export Control Act (22 U.S.C. 2780), 15 section 620A of the Foreign Assist- 16 ance Act of 1961 (22 U.S.C. 2371), 17 or any other provision of law, as a 18 country, the government of which has 19 repeatedly provided support of acts of 20 international terrorism; or 21 ‘‘(III) any other country that is 22 designated, at the time the alien ap- 23 plies for admission, by the Secretary 24 of Homeland Security under subpara- 25 graph (D). December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1874 1 ‘‘(B) CERTAIN MILITARY PERSONNEL AND 2 GOVERNMENT 3 (A)(i) shall not apply in the case of an alien if 4 the Secretary of Homeland Security determines 5 that the alien was present— EMPLOYEES.—Subparagraph 6 ‘‘(i) in order to perform military serv- 7 ice in the armed forces of a program coun- 8 try; or 9 ‘‘(ii) in order to carry out official du- 10 ties as a full time employee of the govern- 11 ment of a program country. 12 ‘‘(C) WAIVER.—The Secretary of Home- 13 land Security may waive the application of sub- 14 paragraph (A) to an alien if the Secretary de- 15 termines that such a waiver is in the law en- 16 forcement or national security interests of the 17 United States. 18 19 20 ‘‘(D) COUNTRIES OR AREAS OF CON- CERN.— ‘‘(i) IN GENERAL.—Not later than 60 21 days after the date of the enactment of 22 this paragraph, the Secretary of Homeland 23 Security, in consultation with the Sec- 24 retary of State and the Director of Na- 25 tional Intelligence, shall determine whether December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1875 1 the requirement under subparagraph (A) 2 shall apply to any other country or area. 3 ‘‘(ii) CRITERIA.—In making a deter- 4 mination under clause (i), the Secretary 5 shall consider— 6 ‘‘(I) whether the presence of an 7 alien in the country or area increases 8 the likelihood that the alien is a cred- 9 ible threat to the national security of 10 the United States; 11 ‘‘(II) whether a foreign terrorist 12 organization has a significant pres- 13 ence in the country or area; and 14 ‘‘(III) whether the country or 15 area is a safe haven for terrorists. 16 ‘‘(iii) ANNUAL REVIEW.—The Sec- 17 retary shall conduct a review, on an annual 18 basis, of any determination made under 19 clause (i). 20 ‘‘(E) REPORT.—Beginning not later than 21 one year after the date of the enactment of this 22 paragraph, and annually thereafter, the Sec- 23 retary of Homeland Security shall submit to the 24 Committee on Homeland Security, the Com- 25 mittee on Foreign Affairs, the Permanent Se- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1876 1 lect Committee on Intelligence, and the Com- 2 mittee on the Judiciary of the House of Rep- 3 resentatives, and the Committee on Homeland 4 Security and Governmental Affairs, the Com- 5 mittee on Foreign Relations, the Select Com- 6 mittee on Intelligence, and the Committee on 7 the Judiciary of the Senate a report on each in- 8 stance in which the Secretary exercised the 9 waiver authority under subparagraph (C) dur- 10 11 ing the previous year.’’. SEC. 204. DESIGNATION REQUIREMENTS FOR PROGRAM 12 13 COUNTRIES. (a) REPORTING LOST AND STOLEN PASSPORTS.— 14 Section 217(c)(2)(D) of the Immigration and Nationality 15 Act (8 U.S.C. 1187(c)(2)(D)), as amended by this Act, 16 is further amended by striking ‘‘within a strict time limit’’ 17 and inserting ‘‘not later than 24 hours after becoming 18 aware of the theft or loss’’. 19 (b) INTERPOL SCREENING.—Section 217(c)(2) of the 20 Immigration and Nationality Act (8 U.S.C. 1187(c)(2)), 21 as amended by this Act, is further amended by adding 22 at the end the following: 23 ‘‘(G) INTERPOL SCREENING.—Not later 24 than 270 days after the date of the enactment 25 of this subparagraph, except in the case of a December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1877 1 country in which there is not an international 2 airport, the government of the country certifies 3 to the Secretary of Homeland Security that, to 4 the maximum extent allowed under the laws of 5 the country, it is screening, for unlawful activ- 6 ity, each person who is not a citizen or national 7 of that country who is admitted to or departs 8 that country, by using relevant databases and 9 notices maintained by Interpol, or other means 10 designated by the Secretary of Homeland Secu- 11 rity. This requirement shall not apply to travel 12 between 13 Schengen Zone.’’. 14 (c) IMPLEMENTATION countries OF which fall within the PASSENGER INFORMATION 15 EXCHANGE AGREEMENT.—Section 217(c)(2)(F) of the 16 Immigration and Nationality Act (8 U.S.C. 17 1187(c)(2)(F)), as amended by this Act, is further amend18 ed by inserting before the period at the end the following: 19 ‘‘, and fully implements such agreement’’. 20 (d) TERMINATION OF DESIGNATION.—Section 217(f) 21 of the Immigration and Nationality Act (8 U.S.C. 22 1187(f)) is amended by adding at the end the following: 23 ‘‘(6) FAILURE 24 ‘‘(A) IN 25 December 16, 2015 (1:04 a.m.) TO SHARE INFORMATION.— GENERAL.—If the Secretary of Homeland Security and the Secretary of State U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1878 1 jointly determine that the program country is 2 not sharing information, as required by sub- 3 section (c)(2)(F), the Secretary of Homeland 4 Security shall terminate the designation of the 5 country as a program country. 6 ‘‘(B) REDESIGNATION.—In the case of a 7 termination under this paragraph, the Secretary 8 of Homeland Security shall redesignate the 9 country as a program country, without regard 10 to paragraph (2) or (3) of subsection (c) or 11 paragraphs (1) through (4), when the Secretary 12 of Homeland Security, in consultation with the 13 Secretary of State, determines that the country 14 is sharing information, as required by sub- 15 section (c)(2)(F). 16 ‘‘(7) FAILURE 17 ‘‘(A) IN TO SCREEN.— GENERAL.—Beginning on the date 18 that is 270 days after the date of the enact- 19 ment of this paragraph, if the Secretary of 20 Homeland Security and the Secretary of State 21 jointly determine that the program country is 22 not conducting the screening required by sub- 23 section (c)(2)(G), the Secretary of Homeland 24 Security shall terminate the designation of the 25 country as a program country. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1879 1 ‘‘(B) REDESIGNATION.—In the case of a 2 termination under this paragraph, the Secretary 3 of Homeland Security shall redesignate the 4 country as a program country, without regard 5 to paragraph (2) or (3) of subsection (c) or 6 paragraphs (1) through (4), when the Secretary 7 of Homeland Security, in consultation with the 8 Secretary of State, determines that the country 9 is conducting the screening required by sub- 10 section (c)(2)(G).’’. 11 SEC. 205. REPORTING REQUIREMENTS. 12 (a) IN GENERAL.—Section 217(c) of the Immigration 13 and Nationality Act (8 U.S.C. 1187(c)), as amended by 14 this Act, is further amended— 15 (1) in paragraph (2)(C)(iii)— 16 (A) by striking ‘‘and the Committee on 17 International Relations’’ and inserting ‘‘, the 18 Committee on Foreign Affairs, and the Com- 19 mittee on Homeland Security’’; and 20 (B) by striking ‘‘and the Committee on 21 Foreign Relations’’ and inserting ‘‘, the Com- 22 mittee on Foreign Relations, and the Com- 23 mittee on Homeland Security and Govern- 24 mental Affairs’’; and 25 (2) in paragraph (5)(A)(i)— December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1880 1 (A) in subclause (III)— 2 (i) by inserting after ‘‘the Committee 3 on Foreign Affairs,’’ the following: ‘‘the 4 Permanent Select Committee on Intel- 5 ligence,’’; 6 (ii) by inserting after ‘‘the Committee 7 on Foreign Relations,’’ the following: ‘‘the 8 Select Committee on Intelligence’’; and 9 (iii) by striking ‘‘and’’ at the end; 10 (B) in subclause (IV), by striking the pe- 11 riod at the end and inserting the following: ‘‘; 12 and’’; and 13 (C) by adding at the end the following: 14 ‘‘(V) shall submit to the commit- 15 tees described in subclause (III), a re- 16 port that includes an assessment of 17 the threat to the national security of 18 the United States of the designation 19 of each country designated as a pro- 20 gram country, including the compli- 21 ance of the government of each such 22 country with the requirements under 23 subparagraphs (D) and (F) of para- 24 graph (2), as well as each such gov- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1881 1 ernment’s capacity to comply with 2 such requirements.’’. 3 (b) DATE OF SUBMISSION OF FIRST REPORT.—The 4 Secretary of Homeland Security shall submit the first re5 port described in subclause (V) of section 217(c)(5)(A)(i) 6 of the Immigration and Nationality Act (8 U.S.C. 7 (c)(5)(A)(i)), as added by subsection (a), not later than 8 90 days after the date of the enactment of this Act. 9 SEC. 206. HIGH RISK PROGRAM COUNTRIES. 10 Section 217(c) of the Immigration and Nationality 11 Act (8 U.S.C. 1187(c)), as amended by this Act, is further 12 amended by adding at the end the following: 13 14 15 ‘‘(12) DESIGNATION OF HIGH RISK PROGRAM COUNTRIES.— ‘‘(A) IN GENERAL.—The Secretary of 16 Homeland Security, in consultation with the Di- 17 rector of National Intelligence and the Sec- 18 retary of State, shall evaluate program coun- 19 tries on an annual basis based on the criteria 20 described in subparagraph (B) and shall iden- 21 tify any program country, the admission of na- 22 tionals from which under the visa waiver pro- 23 gram under this section, the Secretary deter- 24 mines presents a high risk to the national secu- 25 rity of the United States. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1882 1 ‘‘(B) CRITERIA.—In evaluating program 2 countries under subparagraph (A), the Sec- 3 retary of Homeland Security, in consultation 4 with the Director of National Intelligence and 5 the Secretary of State, shall consider the fol- 6 lowing criteria: 7 ‘‘(i) The number of nationals of the 8 country determined to be ineligible to trav- 9 el to the United States under the program 10 during the previous year. 11 ‘‘(ii) The number of nationals of the 12 country who were identified in United 13 States Government databases related to 14 the identities of known or suspected terror- 15 ists during the previous year. 16 ‘‘(iii) The estimated number of na- 17 tionals of the country who have traveled to 18 Iraq or Syria at any time on or after 19 March 1, 2011 to engage in terrorism. 20 21 ‘‘(iv) The capacity of the country to combat passport fraud. 22 ‘‘(v) The level of cooperation of the 23 country with the counter-terrorism efforts 24 of the United States. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1883 1 2 ‘‘(vi) The adequacy of the border and immigration control of the country. 3 ‘‘(vii) Any other criteria the Secretary 4 of Homeland Security determines to be ap- 5 propriate. 6 ‘‘(C) SUSPENSION OF DESIGNATION.—The 7 Secretary of Homeland Security, in consultation 8 with the Secretary of State, may suspend the 9 designation of a program country based on a 10 determination that the country presents a high 11 risk to the national security of the United 12 States under subparagraph (A) until such time 13 as the Secretary determines that the country no 14 longer presents such a risk. 15 ‘‘(D) REPORT.—Not later than 60 days 16 after the date of the enactment of this para- 17 graph, and annually thereafter, the Secretary of 18 Homeland Security, in consultation with the Di- 19 rector of National Intelligence and the Sec- 20 retary of State, shall submit to the Committee 21 on Homeland Security, the Committee on For- 22 eign Affairs, the Permanent Select Committee 23 on Intelligence, and the Committee on the Judi- 24 ciary of the House of Representatives, and the 25 Committee on Homeland Security and Govern- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1884 1 mental Affairs, the Committee on Foreign Rela- 2 tions, the Select Committee on Intelligence, and 3 the Committee on the Judiciary of the Senate 4 a report, which includes an evaluation and 5 threat assessment of each country determined 6 to present a high risk to the national security 7 of the United States under subparagraph (A).’’. 8 SEC. 207. ENHANCEMENTS TO THE ELECTRONIC SYSTEM 9 10 FOR TRAVEL AUTHORIZATION. (a) IN GENERAL.—Section 217(h)(3) of the Immi- 11 gration and Nationality Act (8 U.S.C. 1187(h)(3)) is 12 amended— 13 (1) in subparagraph (C)(i), by inserting after 14 ‘‘any such determination’’ the following: ‘‘or shorten 15 the period of eligibility under any such determina- 16 tion’’; 17 18 19 (2) by striking subparagraph (D) and inserting the following: ‘‘(D) FRAUD DETECTION.—The Secretary 20 of Homeland Security shall research opportuni- 21 ties to incorporate into the System technology 22 that will detect and prevent fraud and deception 23 in the System. 24 25 December 16, 2015 (1:04 a.m.) ‘‘(E) ADDITIONAL TRIES OF AND PREVIOUS COUN- CITIZENSHIP.—The Secretary of U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1885 1 Homeland Security shall collect from an appli- 2 cant for admission pursuant to this section in- 3 formation on any additional or previous coun- 4 tries of citizenship of that applicant. The Sec- 5 retary shall take any information so collected 6 into account when making determinations as to 7 the eligibility of the alien for admission pursu- 8 ant to this section. 9 ‘‘(F) REPORT ON CERTAIN LIMITATIONS 10 ON TRAVEL.—Not 11 date of the enactment of this subparagraph and 12 annually thereafter, the Secretary of Homeland 13 Security, in consultation with the Secretary of 14 State, shall submit to the Committee on Home- 15 land Security, the Committee on the Judiciary, 16 and the Committee on Foreign Affairs of the 17 House of Representatives, and the Committee 18 on Homeland Security and Governmental Af- 19 fairs, the Committee on the Judiciary, and the 20 Committee on Foreign Relations of the Senate 21 a report on the number of individuals who were 22 denied eligibility to travel under the program, 23 or whose eligibility for such travel was revoked 24 during the previous year, and the number of 25 such individuals determined, in accordance with December 16, 2015 (1:04 a.m.) later than 30 days after the U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1886 1 subsection (a)(6), to represent a threat to the 2 national security of the United States, and shall 3 include the country or countries of citizenship 4 of each such individual.’’. 5 (b) REPORT.—Not later than 30 days after the date 6 of the enactment of this Act, the Secretary of Homeland 7 Security, in consultation with the Secretary of State, shall 8 submit to the Committee on Homeland Security, the Com9 mittee on the Judiciary, and the Committee on Foreign 10 Affairs of the House of Representatives, and the Com11 mittee on Homeland Security and Governmental Affairs, 12 the Committee on the Judiciary, and the Committee on 13 Foreign Relations of the Senate a report on steps to 14 strengthen the electronic system for travel authorization 15 authorized under section 217(h)(3) of the Immigration 16 and Nationality Act (8 U.S.C. 1187(h)(3))) in order to 17 better secure the international borders of the United 18 States and prevent terrorists and instruments of terrorism 19 from entering the United States. 20 SEC. 208. PROVISION OF ASSISTANCE TO NON-PROGRAM 21 22 COUNTRIES. The Secretary of Homeland Security, in consultation 23 with the Secretary of State, shall provide assistance in a 24 risk-based manner to countries that do not participate in 25 the visa waiver program under section 217 of the Immi- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1887 1 gration and Nationality Act (8 U.S.C. 1187) to assist 2 those countries in— 3 (1) submitting to Interpol information about 4 the theft or loss of passports of citizens or nationals 5 of such a country; and 6 (2) issuing, and validating at the ports of entry 7 of such a country, electronic passports that are 8 fraud-resistant, contain relevant biographic and bio- 9 metric information (as determined by the Secretary 10 of Homeland Security), and otherwise satisfy inter- 11 nationally accepted standards for electronic pass- 12 ports. 13 SEC. 209. CLERICAL AMENDMENTS. 14 (a) SECRETARY OF HOMELAND SECURITY.—Section 15 217 of the Immigration and Nationality Act (8 U.S.C. 16 1187), as amended by this Act, is further amended by 17 striking ‘‘Attorney General’’ each place such term appears 18 (except in subsection (c)(11)(B)) and inserting ‘‘Secretary 19 of Homeland Security’’. 20 21 (b) ELECTRONIC SYSTEM TION.—Section FOR TRAVEL AUTHORIZA- 217 of the Immigration and Nationality 22 Act (8 U.S.C. 1187), as amended this Act, is further 23 amended— December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1888 1 (1) by striking ‘‘electronic travel authorization 2 system’’ each place it appears and inserting ‘‘elec- 3 tronic system for travel authorization’’; 4 (2) in the heading in subsection (a)(11), by 5 striking ‘‘ELECTRONIC 6 TEM’’ 7 TRAVEL AUTHORIZATION’’; 8 TRAVEL AUTHORIZATION SYS- and inserting ‘‘ELECTRONIC FOR and (3) in the heading in subsection (h)(3), by 9 striking ‘‘ELECTRONIC TRAVEL AUTHORIZATION SYS- 10 TEM’’ 11 TRAVEL AUTHORIZATION’’. 12 SYSTEM and inserting ‘‘ELECTRONIC SYSTEM FOR SEC. 210. SENSE OF CONGRESS. 13 It is the sense of Congress that the International 14 Civil Aviation Organization, the specialized agency of the 15 United Nations responsible for establishing international 16 standards, specifications, and best practices related to the 17 administration and governance of border controls and in18 spection formalities, should establish standards for the in19 troduction of electronic passports (referred to in this sec20 tion as ‘‘e-passports’’), and obligate member countries to 21 utilize such e-passports as soon as possible. Such e-pass22 ports should be a combined paper and electronic passport 23 that contains biographic and biometric information that 24 can be used to authenticate the identity of travelers 25 through an embedded chip. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1889 3 TITLE III—JAMES ZADROGA 9/11 HEALTH AND COMPENSATION REAUTHORIZATION ACT 4 SEC. 301. SHORT TITLE. 1 2 5 This title may be cited as the ‘‘James Zadroga 9/11 6 Health and Compensation Reauthorization Act’’. 7 SEC. 302. REAUTHORIZING THE WORLD TRADE CENTER 8 9 HEALTH PROGRAM. (a) WORLD TRADE CENTER HEALTH PROGRAM 10 FUND.—Section 3351 of the Public Health Service Act 11 (42 U.S.C. 300mm–61) is amended— 12 13 (1) in subsection (a)— (A) in paragraph (2)— 14 (i) in the matter preceding subpara- 15 graph (A), by striking ‘‘each of fiscal years 16 2012’’ 17 ‘‘2011)’’ and inserting ‘‘fiscal year 2016 18 and each subsequent fiscal year through 19 fiscal year 2090’’; and 20 and all that follows through (ii) by striking subparagraph (A) and 21 inserting the following: 22 ‘‘(A) the Federal share, consisting of an 23 amount equal to— 24 ‘‘(i) 25 $330,000,000; December 16, 2015 (1:04 a.m.) for fiscal year 2016, U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1890 1 ‘‘(ii) 2 $345,610,000; 3 ‘‘(iii) 4 $380,000,000; 5 ‘‘(iv) 6 $440,000,000; 7 ‘‘(v) 8 $485,000,000; 9 ‘‘(vi) 10 $501,000,000; 11 ‘‘(vii) 12 $518,000,000; 13 ‘‘(viii) 14 $535,000,000; 15 ‘‘(ix) 16 $552,000,000; 17 ‘‘(x) 18 for for for for for for for for for fiscal year 2017, fiscal year 2018, fiscal year 2019, fiscal year 2020, fiscal year 2021, fiscal year 2022, fiscal year 2023, fiscal year 2024, fiscal year 2025, $570,000,000; and 19 ‘‘(xi) for each subsequent fiscal year 20 through fiscal year 2090, the amount spec- 21 ified under this subparagraph for the pre- 22 vious fiscal year increased by the percent- 23 age increase in the consumer price index 24 for all urban consumers (all items; United 25 States city average) as estimated by the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1891 1 Secretary for the 12-month period ending 2 with March of the previous year; plus’’; 3 and 4 (B) by striking paragraph (4) and insert- 5 ing the following: 6 ‘‘(4) AMOUNTS FROM PRIOR FISCAL YEARS.— 7 Amounts that were deposited, or identified for de- 8 posit, into the Fund for any fiscal year under para- 9 graph (2), as such paragraph was in effect on the 10 day before the date of enactment of the James 11 Zadroga 9/11 Health and Compensation Reauthor- 12 ization Act, that were not expended in carrying out 13 this title for any such fiscal year, shall remain de- 14 posited, or be deposited, as the case may be, into the 15 Fund. 16 ‘‘(5) AMOUNTS TO REMAIN AVAILABLE UNTIL 17 EXPENDED.—Amounts 18 under this subsection, including amounts deposited 19 under paragraph (2) as in effect on the day before 20 the date of enactment of the James Zadroga 9/11 21 Health and Compensation Reauthorization Act, for a 22 fiscal year shall remain available, for the purposes 23 described in this title, until expended for such fiscal 24 year and any subsequent fiscal year through fiscal 25 year 2090.’’; December 16, 2015 (1:04 a.m.) deposited into the Fund U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1892 1 (2) in subsection (b)(1), by striking ‘‘sections 2 3302(a)’’ and all that follows through ‘‘3342’’ and 3 inserting ‘‘sections 4 3302(b), 3303, 5 3305(c), 3341, and 3342’’; and 6 (3) in subsection (c)— 7 3301(e), 3304, 3301(f), 3305(a)(1), 3302(a), 3305(a)(2), (A) in paragraph (1)— 8 (i) by striking subparagraph (B); 9 (ii) by redesignating subparagraph 10 (C) as subparagraph (B); and 11 (iii) by amending subparagraph (A) to 12 read as follows: 13 ‘‘(A) for fiscal year 2016, the amount de- 14 termined for such fiscal year under subpara- 15 graph (C) as in effect on the day before the 16 date of enactment of the James Zadroga 9/11 17 Health and Compensation Reauthorization Act; 18 and’’; 19 20 (B) in paragraph (2)— (i) by amending subparagraph (A) to 21 read as follows: 22 ‘‘(A) for fiscal year 2016, $200,000;’’; 23 (ii) by striking subparagraph (B); and 24 (iii) by redesignating subparagraph 25 December 16, 2015 (1:04 a.m.) (C) as subparagraph (B); U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1893 1 (C) in paragraph (3), by striking ‘‘section 2 3303’’ and all that follows and inserting ‘‘sec- 3 tion 3303, for fiscal year 2016 and each subse- 4 quent fiscal year, $750,000.’’; 5 (D) in paragraph (4), by striking subpara- 6 graphs (A) and (B) and inserting the following: 7 ‘‘(A) for fiscal year 2016, the amount de- 8 termined for such fiscal year under subpara- 9 graph (C) as in effect on the day before the 10 date of enactment of the James Zadroga 9/11 11 Health and Compensation Reauthorization Act; 12 ‘‘(B) for fiscal year 2017, $15,000,000; 13 14 and’’; (E) in paragraph (5)— 15 (i) by striking subparagraph (B); 16 (ii) by redesignating subparagraph 17 18 (C) as subparagraph (B); and (iii) by amending subparagraph (A) to 19 read as follows: 20 ‘‘(A) for fiscal year 2016, the amount de- 21 termined for such fiscal year under subpara- 22 graph (C) as in effect on the day before the 23 date of enactment of the James Zadroga 9/11 24 Health and Compensation Reauthorization Act; 25 and’’; and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1894 1 (F) in paragraph (6)— 2 (i) by striking subparagraph (B); 3 (ii) by redesignating subparagraph 4 (C) as subparagraph (B); and 5 (iii) by amending subparagraph (A) to 6 read as follows: 7 ‘‘(A) for fiscal year 2016, the amount de- 8 termined for such fiscal year under subpara- 9 graph (C) as in effect on the day before the 10 date of enactment of the James Zadroga 9/11 11 Health and Compensation Reauthorization Act; 12 and’’. 13 (b) GAO STUDIES; REGULATIONS; TERMINATION.— 14 Section 3301 of the Public Health Service Act (42 U.S.C. 15 300mm) is amended by adding at the end the following: 16 ‘‘(i) GAO STUDIES.— 17 ‘‘(1) REPORT.—Not later than 18 months after 18 the date of the enactment of the James Zadroga 9/ 19 11 Health and Compensation Reauthorization Act, 20 the Comptroller General of the United States shall 21 submit to the Committee on Energy and Commerce 22 of the House of Representatives and the Committee 23 on Health, Education, Labor, and Pensions of the 24 Senate a report that assesses, with respect to the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1895 1 WTC Program, the effectiveness of each of the fol- 2 lowing: 3 4 ‘‘(A) The quality assurance program developed and implemented under subsection (e). 5 ‘‘(B) The procedures for providing certifi- 6 cations of coverage of conditions as WTC-re- 7 lated health conditions for enrolled WTC re- 8 sponders under section 3312(b)(2)(B)(iii) and 9 for screening-eligible WTC survivors and cer- 10 tified-eligible WTC survivors under such section 11 as applied under section 3322(a). 12 ‘‘(C) Any action under the WTC Program 13 to ensure appropriate payment (including the 14 avoidance of improper payments), including de- 15 termining the extent to which individuals en- 16 rolled in the WTC Program are eligible for 17 workers compensation or sources of health cov- 18 erage, ascertaining the liability of such com- 19 pensation or sources of health coverage, and 20 making recommendations for ensuring effective 21 and efficient coordination of benefits for indi- 22 viduals enrolled in the WTC Program that does 23 not place an undue burden on such individuals. 24 ‘‘(2) SUBSEQUENT 25 December 16, 2015 (1:04 a.m.) ASSESSMENTS.—Not later than 6 years and 6 months after the date of enact- U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1896 1 ment of the James Zadroga 9/11 Health and Com- 2 pensation Reauthorization Act, and every 5 years 3 thereafter through fiscal year 2042, the Comptroller 4 General of the United States shall— 5 ‘‘(A) consult the Committee on Energy and 6 Commerce of the House of Representatives and 7 the Committee on Health, Education, Labor, 8 and Pensions of the Senate on the objectives in 9 assessing the WTC Program; and 10 ‘‘(B) prepare and submit to such Commit- 11 tees a report that assesses the WTC Program 12 for the applicable reporting period, including 13 the objectives described in subparagraph (A). 14 ‘‘(j) REGULATIONS.—The WTC Program Adminis- 15 trator is authorized to promulgate such regulations as the 16 Administrator determines necessary to administer this 17 title. 18 ‘‘(k) TERMINATION.—The WTC Program shall ter- 19 minate on October 1, 2090.’’. 20 (c) CLINICAL CENTERS OF EXCELLENCE AND DATA 21 CENTERS.—Section 3305 of the Public Health Service Act 22 (42 U.S.C. 300mm–4) is amended— 23 24 25 December 16, 2015 (1:04 a.m.) (1) in subsection (a)— (A) in paragraph (1)(B), by inserting ‘‘and retention’’ after ‘‘outreach’’; and U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1897 1 (B) in paragraph (2)(A)(iii), by inserting 2 ‘‘and retention’’ after ‘‘outreach’’; and 3 (2) in subsection (b)(1)(B)(vi), by striking ‘‘sec- 4 tion 3304(c)’’ and inserting ‘‘section 3304(d)’’. 5 (d) WORLD TRADE CENTER RESPONDERS.—Section 6 3311(a)(4)(B)(i)(II) of the Public Health Service Act (42 7 U.S.C. 300mm–21(a)(4)(B)(i)(II)) is amended by striking 8 ‘‘through the end of fiscal year 2020’’. 9 10 (e) ADDITIONS FOR 11 TO LIST OF HEALTH CONDITIONS WTC RESPONDERS.— (1) EXPANDING TIME FOR ACTIONS BY ADMIN- 12 ISTRATOR AND BY ADVISORY COMMITTEE.—Section 13 3312(a)(6) of the Public Health Service Act (42 14 U.S.C. 300mm–22(a)(6)) is amended— 15 (A) in subparagraph (B), in the matter 16 preceding clause (i), by striking ‘‘60 days’’ and 17 inserting ‘‘90 days’’; and 18 (B) in subparagraph (C), by striking ‘‘60 19 days’’ each place such term appears and insert- 20 ing ‘‘90 days’’. 21 (2) PEER REVIEW FOR DECISIONS; ENHANCED 22 ROLE 23 3312(a)(6) of the Public Health Service Act (42 24 U.S.C. 300mm–22(a)(6)), as amended by paragraph December 16, 2015 (1:04 a.m.) OF ADVISORY COMMITTEE.—Section U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1898 1 (1), is further amended by adding at the end the fol- 2 lowing: 3 ‘‘(F) INDEPENDENT PEER REVIEWS.— 4 Prior to issuing a final rule to add a health 5 condition to the list in paragraph (3), the WTC 6 Program Administrator shall provide for an 7 independent peer review of the scientific and 8 technical evidence that would be the basis for 9 issuing such final rule. 10 11 12 13 ‘‘(G) ADDITIONAL ADVISORY COMMITTEE RECOMMENDATIONS.— ‘‘(i) PROGRAM POLICIES.— ‘‘(I) EXISTING POLICIES.—Not 14 later than 1 year after the date of en- 15 actment of the James Zadroga 9/11 16 Health and Compensation Reauthor- 17 ization Act, the WTC Program Ad- 18 ministrator shall request the Advisory 19 Committee to review and evaluate the 20 policies and procedures, in effect at 21 the time of the review and evaluation, 22 that are used to determine whether 23 sufficient evidence exists to support 24 adding a health condition to the list in 25 paragraph (3). December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1899 1 ‘‘(II) SUBSEQUENT POLICIES.— 2 Prior to establishing any substantive 3 new policy or procedure used to make 4 the determination described in sub- 5 clause (I) or prior to making any sub- 6 stantive amendment to any policy or 7 procedure described in such subclause, 8 the 9 shall request the Advisory Committee 10 to review and evaluate such sub- 11 stantive policy, procedure, or amend- 12 ment. 13 ‘‘(ii) IDENTIFICATION WTC Program Administrator OF INDIVID- 14 UALS 15 REVIEWS.—Not 16 date of enactment of the James Zadroga 9/ 17 11 Health and Compensation Reauthoriza- 18 tion Act and not less than every 2 years 19 thereafter, the WTC Program Adminis- 20 trator shall seek recommendations from 21 the Advisory Committee regarding the 22 identification of individuals to conduct the 23 independent peer reviews under subpara- 24 graph (F).’’. December 16, 2015 (1:04 a.m.) CONDUCTING INDEPENDENT PEER later than 1 year after the U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1900 1 (f) WORLD TRADE CENTER SURVIVORS.—Section 2 3321(a)(3)(B)(i)(II) of the Public Health Service Act (42 3 U.S.C. 300mm–31(a)(3)(B)(i)(II)) is amended by striking 4 ‘‘through the end of fiscal year 2020’’. 5 (g) PAYMENT OF CLAIMS.—Section 3331(d)(1)(B) of 6 the Public Health Service Act (42 U.S.C. 300mm– 7 41(d)(1)(B)) is amended— 8 (1) by striking ‘‘the last calendar quarter’’ and 9 all that follows through ‘‘2015’’ and inserting ‘‘each 10 calendar quarter of fiscal year 2016 and of each 11 subsequent fiscal year through fiscal year 2090,’’; 12 and 13 (2) by striking ‘‘and with respect to calendar 14 quarters in fiscal year 2016’’ and all that follows 15 and inserting a period. 16 (h) WORLD TRADE CENTER HEALTH REGISTRY.— 17 Section 3342 of the Public Health Service Act (42 U.S.C. 18 300mm–52) is amended by striking ‘‘April 20, 2009’’ and 19 inserting ‘‘January 1, 2015’’. 22 TITLE IV—JAMES ZADROGA 9/11 VICTIM COMPENSATION FUND REAUTHORIZATION 23 SEC. 401. SHORT TITLE. 20 21 24 This title may be cited as the ‘‘James Zadroga 9/11 25 Victim Compensation Fund Reauthorization Act’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1901 1 SEC. 402. REAUTHORIZING THE SEPTEMBER 11TH VICTIM 2 3 COMPENSATION FUND OF 2001. (a) DEFINITIONS.—Section 402 of the Air Transpor- 4 tation Safety and System Stabilization Act (49 U.S.C. 5 40101 note) is amended— 6 (1) in paragraph (9)— 7 8 (A) by striking ‘‘medical expense loss,’’; and 9 (B) by striking ‘‘and loss of business or 10 employment opportunities’’ and inserting ‘‘loss 11 of business or employment opportunities, and 12 past out-of-pocket medical expense loss but not 13 future medical expense loss’’; 14 (2) by redesignating paragraph (14) as para- 15 16 17 18 graph (16); (3) by inserting after paragraph (13), the following: ‘‘(14) WTC PROGRAM ADMINISTRATOR.—The 19 term ‘WTC Program Administrator’ has the mean- 20 ing given such term in section 3306 of the Public 21 Health Service Act (42 U.S.C. 300mm–5). 22 ‘‘(15) WTC-RELATED 23 DITION.—The 24 condition’— PHYSICAL HEALTH CON- term ‘WTC-related physical health 25 ‘‘(A) means, subject to subparagraph (B), 26 a WTC-related health condition as defined by December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1902 1 section 3312(a) of the Public Health Service 2 Act (42 U.S.C. 300mm–22(a)), including the 3 conditions listed in section 3322(b) of such Act 4 (42 U.S.C. 300mm–32(b)); and 5 ‘‘(B) does not include— 6 ‘‘(i) a mental health condition de- 7 scribed in paragraph (1)(A)(ii) or (3)(B) 8 of section 3312(a) of such Act (42 U.S.C. 9 300mm–22(a)); 10 ‘‘(ii) any mental health condition cer- 11 tified under section 3312(b)(2)(B)(iii) of 12 such 13 22(b)(2)(B)(iii)) (including such certifi- 14 cation as applied under section 3322(a) of 15 such Act (42 U.S.C. 300mm–32(a)); Act (42 U.S.C. 300mm– 16 ‘‘(iii) a mental health condition de- 17 scribed in section 3322(b)(2) of such Act 18 (42 U.S.C. 300mm–32(b)(2)); or 19 20 ‘‘(iv) any other mental health condition.’’; and 21 (4) in paragraph (16), as redesignated by para- 22 graph (2), by striking subparagraph (C) and insert- 23 ing the following: 24 ‘‘(C) the area in Manhattan that is south 25 of the line that runs along Canal Street from December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1903 1 the Hudson River to the intersection of Canal 2 Street and East Broadway, north on East 3 Broadway to Clinton Street, and east on Clin- 4 ton Street to the East River;’’. 5 (b) PURPOSE.—Section 403 of the Air Transpor- 6 tation Safety and System Stabilization Act (49 U.S.C. 7 40101 note) is amended— 8 9 (1) by inserting ‘‘full’’ before ‘‘compensation’’; and 10 (2) by inserting ‘‘, or the rescue and recovery 11 efforts during the immediate aftermath of such 12 crashes’’ before the period. 13 (c) ELIGIBILITY REQUIREMENTS FOR FILING 14 CLAIMS.—Section 405 of the Air Transportation Safety 15 and System Stabilization Act (49 U.S.C. 40101 note) is 16 amended— 17 18 19 (1) in subsection (a)(3)— (A) by striking subparagraph (B) and inserting the following: 20 ‘‘(B) EXCEPTION.—A claim may be filed 21 under paragraph (1), in accordance with sub- 22 section (c)(3)(A)(i), by an individual (or by a 23 personal representative on behalf of a deceased 24 individual) during the period beginning on the 25 date on which the regulations are updated December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1904 1 under section 407(b)(1) and ending on the date 2 that is 5 years after the date of enactment of 3 the James Zadroga 9/11 Victim Compensation 4 Fund Reauthorization Act. 5 6 ‘‘(C) SPECIAL ‘‘(i) IN MASTER DETERMINATION.— GENERAL.—For claims filed 7 under this title during the period described 8 in subparagraph (B), the Special Master 9 shall establish a system for determining 10 whether, for purposes of this title, the 11 claim is— 12 13 14 ‘‘(I) a claim in Group A, as described in clause (ii); or ‘‘(II) a claim in Group B, as de- 15 scribed in clause (iii). 16 ‘‘(ii) GROUP A CLAIMS.—A claim 17 under this title is a claim in Group A if— 18 ‘‘(I) the claim is filed under this 19 title during the period described in 20 subparagraph (B); and 21 ‘‘(II) on or before the day before 22 the date of enactment of the James 23 Zadroga 9/11 Victim Compensation 24 Fund Reauthorization Act, the Special 25 Master postmarks and transmits a December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1905 1 final award determination to the 2 claimant filing such claim. 3 ‘‘(iii) GROUP B CLAIMS.—A claim 4 under this title is a claim in Group B if 5 the claim— 6 ‘‘(I) is filed under this title dur- 7 ing the period described in subpara- 8 graph (B); and 9 ‘‘(II) is not a claim described in 10 clause (ii). 11 ‘‘(iv) DEFINITION OF FINAL AWARD 12 DETERMINATION.—For purposes of this 13 subparagraph, the term ‘final award deter- 14 mination’ means a letter from the Special 15 Master indicating the total amount of com- 16 pensation to which a claimant is entitled 17 for a claim under this title without regard 18 to the limitation under the second sentence 19 of section 406(d)(1), as such section was 20 in effect on the day before the date of en- 21 actment of the James Zadroga 9/11 Victim 22 Compensation 23 Act.’’; 24 December 16, 2015 (1:04 a.m.) (2) in subsection (b)— Fund Reauthorization U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1906 1 (A) in paragraph (1)(B)(ii), by inserting 2 ‘‘subject 3 amount’’; 4 to paragraph (7),’’ (i) by striking ‘‘The Special Master’’ 6 and inserting the following: 7 ‘‘(A) IN 9 ‘‘the (B) in paragraph (6)— 5 8 before GENERAL.—The Special Master’’; and (ii) by adding at the end the fol- 10 lowing: 11 ‘‘(B) GROUP B CLAIMS.—Notwithstanding 12 any other provision of this title, in the case of 13 a claim in Group B as described in subsection 14 (a)(3)(C)(iii), a claimant filing such claim shall 15 receive an amount of compensation under this 16 title for such claim that is not greater than the 17 amount determined under paragraph (1)(B)(ii) 18 less the amount of any collateral source com- 19 pensation that such claimant has received or is 20 entitled to receive for such claim as a result of 21 the terrorist-related aircraft crashes of Sep- 22 tember 11, 2001.’’; and 23 24 December 16, 2015 (1:04 a.m.) (C) by adding at the end the following: ‘‘(7) LIMITATIONS FOR GROUP B CLAIMS.— U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1907 1 ‘‘(A) NONECONOMIC LOSSES.—With re- 2 spect to a claim in Group B as described in 3 subsection (a)(3)(C)(iii), the total amount of 4 compensation to which a claimant filing such 5 claim is entitled to receive for such claim under 6 this title on account of any noneconomic loss— 7 ‘‘(i) that results from any type of can- 8 cer shall not exceed $250,000; and 9 ‘‘(ii) that does not result from any 10 type of cancer shall not exceed $90,000. 11 ‘‘(B) 12 13 DETERMINATION OF ECONOMIC LOSS.— ‘‘(i) IN GENERAL.—Subject to the 14 limitation described in clause (ii) and with 15 respect to a claim in Group B as described 16 in subsection (a)(3)(C)(iii), the Special 17 Master shall, for purposes of calculating 18 the amount of compensation to which a 19 claimant is entitled under this title for 20 such claim on account of any economic 21 loss, determine the loss of earnings or 22 other benefits related to employment by 23 using the applicable methodology described 24 in section 104.43 or 104.45 of title 28, 25 Code of Federal Regulations, as such Code December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1908 1 was in effect on the day before the date of 2 enactment of the James Zadroga 9/11 Vic- 3 tim Compensation Fund Reauthorization 4 Act. 5 ‘‘(ii) ANNUAL GROSS INCOME LIMITA- 6 TION.—In 7 under clause (i) for the purposes described 8 in such clause, the Special Master shall, 9 for each year of any loss of earnings or 10 other benefits related to employment, limit 11 the annual gross income of the claimant 12 (or decedent in the case of a personal rep- 13 resentative) for each such year to an 14 amount that is not greater than $200,000. 15 ‘‘(C) GROSS considering annual gross income INCOME DEFINED.—For pur- 16 poses of this paragraph, the term ‘gross income’ 17 has the meaning given such term in section 61 18 of the Internal Revenue Code of 1986.’’; and 19 (3) in subsection (c)(3)— 20 (A) in subparagraph (A)— 21 (i) in clause (ii), in the matter pre- 22 ceding subclause (I), by striking ‘‘An indi- 23 vidual’’ and inserting ‘‘Except with respect 24 to claims in Group B as described in sub- 25 section (a)(3)(C)(iii), an individual’’; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1909 1 (ii) in clause (iii), by striking ‘‘section 2 407(a)’’ and inserting ‘‘section 407(b)(1)’’; 3 and 4 5 (iii) by adding at the end the following: 6 ‘‘(iv) GROUP 7 ‘‘(I) IN B CLAIMS.— GENERAL.—Subject to 8 subclause (II), an individual filing a 9 claim in Group B as described in sub- 10 section (a)(3)(C)(iii) may be eligible 11 for compensation under this title only 12 if the Special Master, with assistance 13 from the WTC Program Adminis- 14 trator as necessary, determines based 15 on the evidence presented that the in- 16 dividual has a WTC-related physical 17 health condition, as defined by section 18 402 of this Act. 19 ‘‘(II) PERSONAL REPRESENTA- 20 TIVES.—An 21 in Group B, as described in subsection 22 (a)(3)(C)(iii), who is a personal rep- 23 resentative described in paragraph 24 (2)(C) may be eligible for compensa- 25 tion under this title only if the Special December 16, 2015 (1:04 a.m.) individual filing a claim U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1910 1 Master, with assistance from the 2 WTC Program Administrator as nec- 3 essary, determines based on the evi- 4 dence presented that the applicable 5 decedent suffered from a condition 6 that was, or would have been deter- 7 mined to be, a WTC-related physical 8 health condition, as defined by section 9 402 of this Act.’’; and 10 (B) in subparagraph (C)(ii)(II), by striking 11 ‘‘section 12 407(b)(1)’’. 13 (d) PAYMENTS 407(b)’’ TO and inserting ‘‘section ELIGIBLE INDIVIDUALS.—Section 14 406 of the Air Transportation Safety and System Sta15 bilization Act (49 U.S.C. 40101 note) is amended— 16 (1) in subsection (b), by striking ‘‘This title’’ 17 and inserting ‘‘For the purpose of providing com- 18 pensation for claims in Group A as described in sec- 19 tion 405(a)(3)(C)(ii), this title’’; and 20 (2) by amending subsection (d) to read as fol- 21 lows: 22 ‘‘(d) LIMITATIONS.— 23 ‘‘(1) GROUP 24 25 December 16, 2015 (1:04 a.m.) A CLAIMS.— ‘‘(A) IN GENERAL.—The total amount of Federal funds paid for compensation under this U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1911 1 title, with respect to claims in Group A as de- 2 scribed in section 405(a)(3)(C)(ii), shall not ex- 3 ceed $2,775,000,000. 4 ‘‘(B) REMAINDER OF CLAIM AMOUNTS.— 5 In the case of a claim in Group A as described 6 in section 405(a)(3)(C)(ii) and for which the 7 Special Master has ratably reduced the amount 8 of compensation for such claim pursuant to 9 paragraph (2) of this subsection, as this sub- 10 section was in effect on the day before the date 11 of enactment of the James Zadroga 9/11 Victim 12 Compensation Fund Reauthorization Act, the 13 Special Master shall, as soon as practicable 14 after the date of enactment of such Act, author- 15 ize payment of the amount of compensation 16 that is equal to the difference between— 17 ‘‘(i) the amount of compensation that 18 the claimant would have been paid under 19 this title for such claim without regard to 20 the limitation under the second sentence of 21 paragraph (1) of this subsection, as this 22 subsection was in effect on the day before 23 the date of enactment of the James 24 Zadroga 9/11 Victim Compensation Fund 25 Reauthorization Act; and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1912 1 ‘‘(ii) the amount of compensation the 2 claimant was paid under this title for such 3 claim prior to the date of enactment of 4 such Act. 5 6 ‘‘(2) GROUP B CLAIMS.— ‘‘(A) IN GENERAL.—The total amount of 7 Federal funds paid for compensation under this 8 title, with respect to claims in Group B as de- 9 scribed in section 405(a)(3)(C)(iii), shall not ex- 10 ceed the amount of funds deposited into the 11 Victims Compensation Fund under section 410. 12 ‘‘(B) PAYMENT SYSTEM.—The Special 13 Master shall establish a system for providing 14 compensation for claims in Group B as de- 15 scribed in section 405(a)(3)(C)(iii) in accord- 16 ance with this subsection and section 405(b)(7). 17 18 19 20 ‘‘(C) DEVELOPMENT OF AGENCY POLICIES AND PROCEDURES.— ‘‘(i) DEVELOPMENT.— ‘‘(I) IN GENERAL.—Not later 21 than 30 days after the date of enact- 22 ment of the James Zadroga 9/11 Vic- 23 tim Compensation Fund Reauthoriza- 24 tion Act, the Special Master shall de- 25 velop agency policies and procedures December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1913 1 that meet the requirements under 2 subclauses (II) and (III) for providing 3 compensation for claims in Group B 4 as 5 405(a)(3)(C)(iii), 6 and procedures for presumptive award 7 schedules, 8 and related internal memoranda. described in section including policies administrative expenses, 9 ‘‘(II) LIMITATION.—The policies 10 and procedures developed under sub- 11 clause (I) shall ensure that total ex- 12 penditures, including administrative 13 expenses, in providing compensation 14 for claims in Group B, as described in 15 section 405(a)(3)(C)(iii), do not ex- 16 ceed the amount of funds deposited 17 into the Victims Compensation Fund 18 under section 410. 19 ‘‘(III) PRIORITIZATION.—The 20 policies 21 under subclause (I) shall prioritize 22 claims for claimants who are deter- 23 mined by the Special Master as suf- 24 fering from the most debilitating 25 physical conditions to ensure, for pur- December 16, 2015 (1:04 a.m.) and procedures developed U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1914 1 poses of equity, that such claimants 2 are not unduly burdened by such poli- 3 cies or procedures. 4 ‘‘(ii) REASSESSMENT.—Beginning 1 5 year after the date of enactment of the 6 James Zadroga 9/11 Victim Compensation 7 Fund Reauthorization Act, and each year 8 thereafter until the Victims Compensation 9 Fund is permanently closed under section 10 410(e), the Special Master shall conduct a 11 reassessment of the agency policies and 12 procedures developed under clause (i) to 13 ensure that such policies and procedures 14 continue to satisfy the requirements under 15 subclauses (II) and (III) of such clause. If 16 the Special Master determines, upon reas- 17 sessment, that such agency policies or pro- 18 cedures do not achieve the requirements of 19 such subclauses, the Special Master shall 20 take additional actions or make such modi- 21 fications as necessary to achieve such re- 22 quirements.’’. 23 (e) REGULATIONS.—Section 407(b) of the Air Trans- 24 portation Safety and System Stabilization Act (49 U.S.C. 25 40101 note) is amended— December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1915 1 (1) by striking ‘‘Not later than’’ and inserting 2 the following: 3 ‘‘(1) JAMES 4 ZADROGA 9/11 HEALTH AND COM- PENSATION ACT OF 2010.—Not later than’’; and 5 (2) by adding at the end the following: 6 ‘‘(2) JAMES ZADROGA 9/11 VICTIM COMPENSA- 7 TION FUND REAUTHORIZATION ACT.—Not 8 180 days after the date of enactment of the James 9 Zadroga 9/11 Victim Compensation Fund Reauthor- 10 ization Act, the Special Master shall update the reg- 11 ulations promulgated under subsection (a), and up- 12 dated under paragraph (1), to the extent necessary 13 to comply with the amendments made by such Act.’’. 14 (f) VICTIMS COMPENSATION FUND.—Title IV of the later than 15 Air Transportation Safety and System Stabilization Act 16 (49 U.S.C. 40101 note) is amended by adding at the end 17 the following: 18 ‘‘SEC. 410. VICTIMS COMPENSATION FUND. 19 ‘‘(a) IN GENERAL.—There is established in the 20 Treasury of the United States a fund to be known as the 21 ‘Victims Compensation Fund’, consisting of amounts de22 posited into such fund under subsection (b). 23 ‘‘(b) DEPOSITS INTO FUND.—There shall be depos- 24 ited into the Victims Compensation Fund each of the fol25 lowing: December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1916 1 ‘‘(1) Effective on the day after the date on 2 which all claimants who file a claim in Group A, as 3 described in section 405(a)(3)(C)(ii), have received 4 the full compensation due such claimants under this 5 title for such claim, any amounts remaining from 6 the total amount made available under section 406 7 to compensate claims in Group A as described in 8 section 405(a)(3)(C)(ii). 9 ‘‘(2) The amount appropriated under subsection 10 (c). 11 ‘‘(c) APPROPRIATIONS.—There is appropriated, out 12 of any money in the Treasury not otherwise appropriated, 13 $4,600,000,000 for fiscal year 2017, to remain available 14 until expended, to provide compensation for claims in 15 Group B as described in section 405(a)(3)(C)(iii). 16 ‘‘(d) AVAILABILITY OF FUNDS.—Amounts deposited 17 into the Victims Compensation Fund shall be available, 18 without further appropriation, to the Special Master to 19 provide compensation for claims in Group B as described 20 in section 405(a)(3)(C)(iii). 21 ‘‘(e) TERMINATION.—Upon completion of all pay- 22 ments under this title, the Victims Compensation Fund 23 shall be permanently closed.’’. 24 (g) 9-11 RESPONSE AND BIOMETRIC ENTRY-EXIT 25 FEE.—Title IV of the Air Transportation Safety and Sys- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1917 1 tem Stabilization Act (49 U.S.C. 40101 note), as amended 2 by subsection (f), is further amended by adding at the end 3 the following: 4 ‘‘SEC. 411. 9-11 RESPONSE AND BIOMETRIC ENTRY-EXIT 5 6 FEE. ‘‘(a) TEMPORARY L-1 VISA FEE INCREASE.—Not- 7 withstanding section 281 of the Immigration and Nation8 ality Act (8 U.S.C. 1351) or any other provision of law, 9 during the period beginning on the date of the enactment 10 of this section and ending on September 30, 2025, the 11 combined filing fee and fraud prevention and detection fee 12 required to be submitted with an application for admission 13 as a nonimmigrant under section 101(a)(15)(L) of the Im14 migration and Nationality Act (8 U.S.C. 1101(a)(15)(L)), 15 including an application for an extension of such status, 16 shall be increased by $4,500 for applicants that employ 17 50 or more employees in the United States if more than 18 50 percent of the applicant’s employees are non19 immigrants admitted pursuant to subparagraph (H)(i)(b) 20 or (L) of section 101(a)(15) of such Act. 21 ‘‘(b) TEMPORARY H-1B VISA FEE INCREASE.—Not- 22 withstanding section 281 of the Immigration and Nation23 ality Act (8 U.S.C. 1351) or any other provision of law, 24 during the period beginning on the date of the enactment 25 of this section and ending on September 30, 2025, the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1918 1 combined filing fee and fraud prevention and detection fee 2 required to be submitted with an application for admission 3 as a nonimmigrant under section 101(a)(15)(H)(i)(b) of 4 the Immigration and Nationality Act (8 U.S.C. 5 1101(a)(15)(H)(i)(b)), including an application for an ex6 tension of such status, shall be increased by $4,000 for 7 applicants that employ 50 or more employees in the 8 United States if more than 50 percent of the applicant’s 9 employees are nonimmigrants described in section 10 101(a)(15)(L) of such Act. 11 12 ‘‘(c) 9-11 RESPONSE AND BIOMETRIC EXIT AC- COUNT.— 13 ‘‘(1) ESTABLISHMENT.—There is established in 14 the general fund of the Treasury a separate account, 15 which shall be known as the ‘9–11 Response and Bi- 16 ometric Exit Account’. 17 ‘‘(2) DEPOSITS.— 18 ‘‘(A) IN GENERAL.—Subject to subpara- 19 graph (B), of the amounts collected pursuant to 20 the fee increases authorized under subsections 21 (a) and (b)— 22 23 ‘‘(i) 50 percent shall be deposited in the general fund of the Treasury; and 24 ‘‘(ii) 50 percent shall be deposited as 25 offsetting receipts into the 9–11 Response December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1919 1 and Biometric Exit Account, and shall re- 2 main available until expended. 3 ‘‘(B) TERMINATION OF DEPOSITS IN AC- 4 COUNT.—After 5 posited into the 9–11 Response and Biometric 6 Exit Account under subparagraph (A)(ii), all 7 amounts collected pursuant to the fee increases 8 authorized under subsections (a) and (b) shall 9 be deposited in the general fund of the Treas- 10 ury. 11 ‘‘(3) USE a total of $1,000,000,000 is de- OF FUNDS.—For fiscal year 2017, 12 and each fiscal year thereafter, amounts in the 9– 13 11 Response and Biometric Exit Account shall be 14 available to the Secretary of Homeland Security 15 without further appropriation for implementing the 16 biometric entry and exit data system described in 17 section 7208 of the Intelligence Reform and Ter- 18 rorism Prevention Act of 2004 (8 U.S.C. 1365b).’’. 19 (h) ADMINISTRATIVE COSTS.—Section 1347 of the 20 Full-Year Continuing Appropriations Act, 2011 (49 21 U.S.C. 40101 note) is amended— 22 (1) by inserting ‘‘and (2)’’ after ‘‘(d)(1)’’; and 23 (2) by adding at the end the following: ‘‘Costs 24 for payments for compensation for claims in Group 25 A, as described in section 405(a)(3)(C)(ii) of such December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1920 1 Act, shall be paid from amounts made available 2 under section 406 of such Act. Costs for payments 3 for compensation for claims in Group B, as de- 4 scribed in section 405(a)(3)(C)(iii) of such Act, shall 5 be paid from amounts in the Victims Compensation 6 Fund established under section 410 of such Act.’’. 7 SEC. 403. AMENDMENT TO EXEMPT PROGRAMS. 8 (a) IN GENERAL.—Section 255(g)(1)(B) of the Bal- 9 anced Budget and Emergency Deficit Control Act of 1985 10 (2 U.S.C. 905(g)(1)(B)) is amended by— 11 (1) inserting after the item relating to Retire- 12 ment Pay and Medical Benefits for Commissioned 13 Officers, Public Health Service the following: 14 15 16 17 ‘‘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: 18 ‘‘Victims Compensation Fund established under 19 section 410 of the Air Transportation Safety and 20 System Stabilization Act (49 U.S.C. 40101 note). 21 22 23 24 December 16, 2015 (1:04 a.m.) ‘‘United States Victims of State Sponsored Terrorism Fund.’’; and (3) inserting after the item relating to the Voluntary Separation Incentive Fund the following: U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1921 1 ‘‘World Trade Center Health Program Fund 2 (75–0946–0–1–551).’’. 3 (b) APPLICABILITY.—The amendments made by this 4 section shall apply to any sequestration order issued under 5 the Balanced Budget and Emergency Deficit Control Act 6 of 1985 (2 U.S.C. 900 et seq.) on or after the date of 7 enactment of this Act. 8 SEC. 404. COMPENSATION FOR UNITED STATES VICTIMS OF 9 STATE SPONSORED TERRORISM ACT. 10 (a) SHORT TITLE.—This section may be cited as the 11 ‘‘Justice for United States Victims of State Sponsored 12 Terrorism Act’’. 13 14 (b) ADMINISTRATION TIMS OF 15 16 17 18 OF THE UNITED STATES VIC- STATE SPONSORED TERRORISM FUND.— (1) ADMINISTRATION OF THE FUND.— (A) APPOINTMENT AND TERMS OF SPE- CIAL MASTER.— (i) INITIAL APPOINTMENT.—Not later 19 than 60 days after the date of the enact- 20 ment of this Act, the Attorney General 21 shall appoint a Special Master. The initial 22 term for the Special Master shall be 18 23 months. 24 25 December 16, 2015 (1:04 a.m.) (ii) ADDITIONAL TERMS.—Thereafter, each time there exists funds in excess of U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1922 1 $100,000,000 in the Fund, the Attorney 2 General shall appoint or reappoint a Spe- 3 cial Master for such period as is appro- 4 priate, not to exceed 1 year. In addition, if 5 there exists in the Fund funds that are 6 less than $100,000,000, the Attorney Gen- 7 eral may appoint or reappoint a Special 8 Master each time the Attorney General de- 9 termines there are sufficient funds avail- 10 able in the Fund to compensate eligible 11 claimants, for such period as is appro- 12 priate, not to exceed 1 year. 13 (iii) SPECIAL MASTER TO ADMINISTER 14 COMPENSATION 15 Special Master shall administer the com- 16 pensation program described in this section 17 for United States persons who are victims 18 of state sponsored terrorism. 19 (B) ADMINISTRATIVE FROM THE FUND.—The COSTS AND USE OF 20 DEPARTMENT OF JUSTICE PERSONNEL.—The 21 Special Master may utilize, as necessary, no 22 more than 5 full-time equivalent Department of 23 Justice personnel to assist in carrying out the 24 duties of the Special Master under this section. 25 Any costs associated with the use of such per- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1923 1 sonnel, and any other administrative costs of 2 carrying out this section, shall be paid from the 3 Fund. 4 (C) COMPENSATION OF SPECIAL MAS- 5 TER.—The 6 from the Fund at a rate not to exceed the an- 7 nual rate of basic pay for level IV of the Execu- 8 tive Schedule, as prescribed by section 5315 of 9 title 5, United States Code. 10 11 12 Special Master shall be compensated (2) PUBLICATION OF REGULATIONS AND PRO- CEDURES.— (A) IN GENERAL.—Not later than 60 days 13 after the date of the initial appointment of the 14 Special Master, the Special Master shall publish 15 in the Federal Register and on a website main- 16 tained by the Department of Justice a notice 17 specifying the procedures necessary for United 18 States persons to apply and establish eligibility 19 for payment, including procedures by which eli- 20 gible United States persons may apply by and 21 through their attorney. Such notice is not sub- 22 ject to the requirements of section 553 of title 23 5, United States Code. 24 25 December 16, 2015 (1:04 a.m.) (B) INFORMATION REGARDING SOURCES OF COMPENSATION.—As OTHER part of the U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1924 1 procedures for United States persons to apply 2 and establish eligibility for payment, the Special 3 Master shall require applicants to provide the 4 Special Master with information regarding com- 5 pensation from any source other than this Fund 6 that the claimant (or, in the case of a personal 7 representative, the victim’s beneficiaries) has 8 received or is entitled or scheduled to receive as 9 a result of the act of international terrorism 10 that gave rise to a claimant’s final judgment, 11 including information identifying the amount, 12 nature, and source of such compensation. 13 (3) DECISIONS OF THE SPECIAL MASTER.—All 14 decisions made by the Special Master with regard to 15 compensation from the Fund shall be— 16 (A) in writing and provided to the Attor- 17 ney General, each claimant and, if applicable, 18 the attorney for each claimant; and 19 (B) final and, except as provided in para- 20 graph (4), not subject to administrative or judi- 21 cial review. 22 (4) REVIEW HEARING.— 23 (A) Not later than 30 days after receipt of 24 a written decision by the Special Master, a 25 claimant whose claim is denied in whole or in December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1925 1 part by the Special Master may request a hear- 2 ing before the Special Master pursuant to pro- 3 cedures established by the Special Master. 4 (B) Not later than 90 days after any such 5 hearing, the Special Master shall issue a final 6 written decision affirming or amending the 7 original decision. The written decision is final 8 and nonreviewable. 9 (c) ELIGIBLE CLAIMS.— 10 (1) IN GENERAL.—For the purposes of this sec- 11 tion, a claim is an eligible claim if the Special Mas- 12 ter determines that— 13 14 (A) the judgment holder, or claimant, is a United States person; 15 16 (B) the claim is described in paragraph (2); and 17 (C) the requirements of paragraph (3) are 18 met. 19 (2) CERTAIN 20 21 22 CLAIMS.—The claims referred to in paragraph (1) are claims for— (A) compensatory damages awarded to a United States person in a final judgment— 23 (i) issued by a United States district 24 court under State or Federal law against a 25 state sponsor of terrorism; and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1926 1 (ii) arising from acts of international 2 terrorism, for which the foreign state was 3 determined not to be immune from the ju- 4 risdiction of the courts of the United 5 States under section 1605A, or section 6 1605(a)(7) (as such section was in effect 7 on January 27, 2008), of title 28, United 8 States Code; 9 (B) the sum total of $10,000 per day for 10 each day that a United States person was taken 11 and held hostage from the United States em- 12 bassy in Tehran, Iran, during the period begin- 13 ning November 4, 1979, and ending January 14 20, 1981, if such person is identified as a mem- 15 ber of the proposed class in case number 1:00- 16 CV-03110 (EGS) of the United States District 17 Court for the District of Columbia; or 18 (C) damages for the spouses and children 19 of the former hostages described in subpara- 20 graph (B), if such spouse or child is identified 21 as a member of the proposed class in case num- 22 ber 1:00-CV-03110 (EGS) of the United States 23 Court for the District of Columbia, in the fol- 24 lowing amounts: December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1927 1 (i) For each spouse of a former hos- 2 tage identified as a member of the pro- 3 posed class described in this subparagraph, 4 a $600,000 lump sum. 5 (ii) For each child of a former hostage 6 identified as a member of the proposed 7 class described in this subparagraph, a 8 $600,000 lump sum. 9 10 11 (3) DEADLINE FOR APPLICATION SUBMIS- SION.— (A) IN GENERAL.—The deadline for sub- 12 mitting an application for a payment under this 13 subsection is as follows: 14 (i) Not later than 90 days after the 15 date of the publication required under sub- 16 section (b)(2)(A), with regard to an appli- 17 cation based on— 18 (I) a final judgment described in 19 paragraph (2)(A) obtained before that 20 date of publication; or 21 (II) a claim described in para- 22 graph (2)(B) or (2)(C). 23 (ii) Not later than 90 days after the 24 date of obtaining a final judgment, with December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1928 1 regard to a final judgment obtained on or 2 after the date of that publication. 3 (B) GOOD CAUSE.—For good cause shown, 4 the Special Master may grant a claimant a rea- 5 sonable extension of a deadline under this para- 6 graph. 7 (d) PAYMENTS.— 8 (1) TO WHOM MADE.—The Special Master shall 9 order payment from the Fund for each eligible claim 10 of a United States person to that person or, if that 11 person is deceased, to the personal representative of 12 the estate of that person. 13 (2) TIMING OF INITIAL PAYMENTS.—The Spe- 14 cial Master shall authorize all initial payments to 15 satisfy eligible claims under this section not later 16 than 1 year after the date of the enactment of this 17 Act. 18 19 20 (3) PAYMENTS (A) IN TO BE MADE PRO RATA.— GENERAL.— (i) PRO RATA BASIS.—Except as pro- 21 vided in subparagraph (B) and subject to 22 the limitations described in clause (ii), the 23 Special Master shall carry out paragraph 24 (1), by dividing all available funds on a pro 25 rata basis, based on the amounts out- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1929 1 standing and unpaid on eligible claims, 2 until all such amounts have been paid in 3 full. 4 5 (ii) LIMITATIONS.—The limitations described in this clause are as follows: 6 (I) In the event that a United 7 States person has an eligible claim 8 that exceeds $20,000,000, the Special 9 Master shall treat that claim as if it 10 were for $20,000,000 for purposes of 11 this section. 12 (II) In the event that a United 13 States person and the immediate fam- 14 ily members of such person, have 15 claims that if aggregated would ex- 16 ceed $35,000,000, the Special Master 17 shall, for purposes of this section, re- 18 duce such claims on a pro rata basis 19 such that in the aggregate such claims 20 do not exceed $35,000,000. 21 (III) In the event that a United 22 States person, or the immediate fam- 23 ily member of such person, has an eli- 24 gible claim under this section and has 25 received an award or an award deter- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1930 1 mination under section 405 of the Air 2 Transportation Safety and System 3 Stabilization Act (49 U.S.C. 40101 4 note), the amount of compensation to 5 which such person, or the immediate 6 family member of such person, was 7 determined to be entitled under sec- 8 tion 405 of the Air Transportation 9 Safety and System Stabilization Act 10 (49 U.S.C. 40101 note) shall be con- 11 sidered controlling for the purposes of 12 this section, notwithstanding any com- 13 pensatory damages amounts such per- 14 son, or immediate family member of 15 such person, is deemed eligible for or 16 entitled to pursuant to a final judg- 17 ment 18 (c)(2)(A). 19 (B) MINIMUM described in subsection PAYMENTS.— 20 (i) Any applicant with an eligible 21 claim described in subsection (c)(2) who 22 has received, or is entitled or scheduled to 23 receive, any payment that is equal to, or in 24 excess of, 30 percent of the total compen- 25 satory damages owed to such applicant on December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1931 1 the applicant’s claim from any source other 2 than this Fund shall not receive any pay- 3 ment from the Fund until such time as all 4 other eligible applicants have received from 5 the Fund an amount equal to 30 percent 6 of the compensatory damages awarded to 7 those applicants pursuant to their final 8 judgments or to claims under subsection 9 (c)(2)(B) or (c)(2)(C). For purposes of cal- 10 culating the pro rata amounts for these 11 payments, the Special Master shall not in- 12 clude the total compensatory damages for 13 applicants excluded from payment by this 14 subparagraph. 15 (ii) To the extent that an applicant 16 with an eligible claim has received less 17 than 30 percent of the compensatory dam- 18 ages owed that applicant under a final 19 judgment or claim described in subsection 20 (c)(2) from any source other than this 21 Fund, such applicant may apply to the 22 Special Master for the difference between 23 the percentage of compensatory damages 24 the applicant has received from other 25 sources and the percentage of compen- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1932 1 satory damages to be awarded other eligi- 2 ble applicants from the Fund. 3 (4) ADDITIONAL PAYMENTS.—On January 1 of 4 the second calendar year that begins after the date 5 of the initial payments described in paragraph (1) if 6 funds are available in the Fund, the Special Master 7 shall authorize additional payments on a pro rata 8 basis to those claimants with eligible claims under 9 subsection (c)(2) and shall authorize additional pay- 10 ments for eligible claims annually thereafter if funds 11 are available in the Fund. 12 13 14 (5) SUBROGATION AND RETENTION OF SUBROGATED TO RIGHTS.— (A) UNITED STATES 15 CREDITOR RIGHTS TO THE EXTENT OF PAY- 16 MENT.—The 17 to the rights of any person who applies for and 18 receives payments under this section, but only 19 to the extent and in the amount of such pay- 20 ments made under this section. The President 21 shall pursue these subrogated rights as claims 22 or offsets of the United States in appropriate 23 ways, including any negotiation process that 24 precedes the normalization of relations between 25 the foreign state designated as a state sponsor December 16, 2015 (1:04 a.m.) United States shall be subrogated U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1933 1 of terrorism and the United States or the lifting 2 of sanctions against such foreign state. 3 (B) RIGHTS RETAINED.—To the extent 4 amounts of damages remain unpaid and out- 5 standing following any payments made under 6 this subsection, each applicant shall retain that 7 applicant’s creditor rights in any unpaid and 8 outstanding amounts of the judgment, including 9 any prejudgment or post-judgment interest, or 10 punitive damages, awarded by the United 11 States district court pursuant to a judgment. 12 (e) UNITED STATES VICTIMS OF STATE SPONSORED 13 TERRORISM FUND.— 14 (1) ESTABLISHMENT OF UNITED STATES VIC- 15 TIMS OF STATE SPONSORED TERRORISM FUND.— 16 There is established in the Treasury a fund, to be 17 designated as the United States Victims of State 18 Sponsored Terrorism Fund. 19 (2) DEPOSIT AND TRANSFER.—Beginning on 20 the date of the enactment of this Act, the following 21 shall be deposited or transferred into the Fund for 22 distribution under this section: 23 24 25 December 16, 2015 (1:04 a.m.) (A) FORFEITED FUNDS AND PROPERTY.— (i) CRIMINAL ERTY.—All FUNDS AND PROP- funds, and the net proceeds U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1934 1 from the sale of property, forfeited or paid 2 to the United States after the date of en- 3 actment of this Act as a criminal penalty 4 or fine arising from a violation of any li- 5 cense, order, regulation, or prohibition 6 issued under the International Emergency 7 Economic Powers Act (50 U.S.C. 1701 et 8 seq.) or the Trading with the Enemy Act 9 (50 U.S.C. App. 1 et seq.), or any related 10 criminal conspiracy, scheme, or other Fed- 11 eral offense arising from the actions of, or 12 doing business with or acting on behalf of, 13 a state sponsor of terrorism. 14 (ii) CIVIL FUNDS AND PROPERTY.— 15 One-half of all funds, and one-half of the 16 net proceeds from the sale of property, for- 17 feited or paid to the United States after 18 the date of enactment of this Act as a civil 19 penalty or fine arising from a violation of 20 any license, order, regulation, or prohibi- 21 tion issued under the International Emer- 22 gency Economic Powers Act (50 U.S.C. 23 1701 et seq.) or the Trading with the 24 Enemy Act (50 U.S.C. App. 1 et seq.), or 25 any related conspiracy, scheme, or other December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1935 1 Federal offense arising from the actions of, 2 or doing business with or acting on behalf 3 of, a state sponsor of terrorism. 4 (B) TRANSFER INTO FUND OF CERTAIN 5 ASSIGNED ASSETS OF IRAN AND ELECTION TO 6 PARTICIPATE IN FUND.— 7 (i) DEPOSIT INTO FUND OF ASSIGNED 8 PROCEEDS 9 AND RELATED ASSETS IDENTIFIED IN IN 10 RE 650 FIFTH AVENUE & RELATED PROP- 11 ERTIES.— 12 FROM (I) IN SALE OF PROPERTIES GENERAL.—Except as pro- 13 vided in subclause (II), if the United 14 States receives a final judgment for- 15 feiting the properties and related as- 16 sets identified in the proceedings cap- 17 tioned as In Re 650 Fifth Avenue & 18 Related Properties, No. 08 Civ. 10934 19 (S.D.N.Y. filed Dec. 17, 2008), the 20 net proceeds (not including the litiga- 21 tion expenses and sales costs incurred 22 by the United States) resulting from 23 the sale of such properties and related 24 assets by the United States shall be 25 deposited into the Fund. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1936 1 (II) LIMITATION.—The following 2 proceeds resulting from any sale of 3 the properties and related assets iden- 4 tified in subclause (I) shall not be 5 transferred into the Fund: 6 (aa) The percentage of pro- 7 ceeds attributable to any party 8 identified as a Settling Judgment 9 Creditor in the order dated April 10 16, 2014, in such proceedings, 11 who does not make an election 12 (described in clause (iii)) to par- 13 ticipate in the Fund. 14 (bb) The percentage of pro- 15 ceeds attributable to the parties 16 identified as the Hegna Judg- 17 ment Creditors in such pro- 18 ceedings, unless and until a final 19 judgment is entered denying the 20 claims of such creditors. 21 (ii) DEPOSIT INTO FUND OF AS- 22 SIGNED ASSETS IDENTIFIED IN PETERSON 23 V. ISLAMIC REPUBLIC OF IRAN.—If 24 judgment is entered in Peterson v. Islamic 25 Republic of Iran, No. 10 Civ. 4518 December 16, 2015 (1:04 a.m.) a final U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1937 1 (S.D.N.Y.), awarding the assets at issue in 2 that case to the judgment creditors identi- 3 fied in the order dated July 9, 2013, those 4 assets shall be deposited into the Fund, 5 but only to the extent, and in such per- 6 centage, that the rights, title, and interest 7 to such assets were assigned through elec- 8 tions made pursuant to clause (iii). 9 (iii) ELECTION TO PARTICIPATE IN 10 THE FUND.—Upon 11 Attorney General, the Special Master, and 12 the chief judge of the United States Dis- 13 trict Court for the Southern District of 14 New York within 60 days after the date of 15 the publication required under subsection 16 (b)(2)(A) a United States person, who is a 17 judgment creditor in the proceedings cap- 18 tioned Peterson v. Islamic Republic of 19 Iran, No. 10 Civ. 4518 (S.D.N.Y.), or a 20 Settling Judgment Creditor as identified in 21 the order dated May 27, 2014, in the pro- 22 ceedings captioned In Re 650 Fifth Avenue 23 & Related Properties, No. 08 Civ. 10934 24 (S.D.N.Y. filed Dec. 17, 2008), shall have 25 the right to elect to participate in the December 16, 2015 (1:04 a.m.) written notice to the U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1938 1 Fund and, to the extent any such person 2 exercises such right, shall irrevocably as- 3 sign to the Fund all rights, title, and inter- 4 est to such person’s claims to the assets at 5 issue in such proceedings. To the extent 6 that a United States person is both a judg- 7 ment creditor in the proceedings captioned 8 Peterson v. Islamic Republic of Iran, No. 9 10 Civ. 4518 (S.D.N.Y.) and a Settling 10 Judgment Creditor in In Re 650 Fifth Av- 11 enue & Related Properties, No. 08 Civ. 12 10934 (S.D.N.Y. filed Dec. 17, 2008), any 13 election by such person to participate in 14 the Fund pursuant to this paragraph shall 15 operate as an election to assign any and all 16 rights, title, and interest in the assets in 17 both actions for the purposes of partici- 18 pating in the Fund. The Attorney General 19 is authorized to pursue any such assigned 20 rights, title, and interest in those claims 21 for the benefit of the Fund. 22 (iv) APPLICATION FOR CONDITIONAL 23 PAYMENT.—A 24 a judgment creditor or a Settling Judg- 25 ment Creditor in the proceedings identified December 16, 2015 (1:04 a.m.) United States person who is U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1939 1 in clause (iii) and who does not elect to 2 participate in the Fund may, notwith- 3 standing such failure to elect, submit an 4 application for conditional payment from 5 the Fund, subject to the following limita- 6 tions: 7 (I) IN GENERAL.—Notwith- 8 standing any such claimant’s eligi- 9 bility for payment and the initial 10 deadline for initial payments set forth 11 in subsection (d)(2), the Special Mas- 12 ter shall allocate but withhold pay- 13 ment to an eligible claimant who ap- 14 plies for a conditional payment under 15 this paragraph until such time as an 16 adverse final judgment is entered in 17 both of the proceedings identified in 18 clause (iii). 19 (II) EXCEPTION.— 20 (aa) In the event that an ad- 21 verse final judgment is entered in 22 the proceedings captioned Peter- 23 son v. Islamic Republic of Iran, 24 No. 10 Civ. 4518 (S.D.N.Y), 25 prior to a final judgment being December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1940 1 entered in the proceedings cap- 2 tioned In Re 650 Fifth Avenue & 3 Related Properties, No. 08 Civ. 4 10934 (S.D.N.Y. filed Dec. 17, 5 2008), the Special Master shall 6 release a portion of an eligible 7 claimant’s conditional payment to 8 such eligible claimant if the Spe- 9 cial Master anticipates that such 10 claimant will receive less than the 11 amount of the conditional pay- 12 ment from any proceeds from a 13 final judgment that is entered in 14 favor of the plaintiffs in In Re 15 650 Fifth Avenue & Related 16 Properties. Such portion shall 17 not exceed the difference between 18 the amount of the conditional 19 payment and the amount the 20 Special Master anticipates such 21 claimant will receive from the 22 proceeds of In Re 650 Fifth Ave- 23 nue & Related Properties. 24 (bb) In the event that a 25 final judgment is entered in favor December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1941 1 of the plaintiffs in the pro- 2 ceedings captioned Peterson v. 3 Islamic Republic of Iran, No. 10 4 Civ. 4518 (S.D.N.Y) and funds 5 are distributed, the payments al- 6 located to claimants who applied 7 for a conditional payment under 8 this subparagraph shall be con- 9 sidered void, and any funds pre- 10 viously allocated to such condi- 11 tional payments shall be made 12 available and distributed to all 13 other eligible claimants pursuant 14 to subsection (d). 15 (3) EXPENDITURES FROM FUND.—Amounts in 16 the Fund shall be available, without further appro- 17 priation, for the payment of eligible claims and com- 18 pensation of the Special Master in accordance with 19 this section. 20 (4) MANAGEMENT OF FUND.—The Fund shall 21 be managed and invested in the same manner as a 22 trust fund is managed and invested under section 23 9602 of the Internal Revenue Code of 1986. 24 (5) FUNDING.—There is appropriated to the 25 Fund, out of any money in the Treasury not other- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1942 1 wise appropriated, $1,025,000,000 for fiscal year 2 2017, to remain available until expended. 3 4 (6) TERMINATION.— (A) IN GENERAL.—Amounts in the Fund 5 may not be obligated on or after January 2, 6 2026. 7 (B) CLOSING OF FUND.—Effective on the 8 day after all amounts authorized to be paid 9 from the Fund under this section that were ob- 10 ligated before January 2, 2026 are expended, 11 any unobligated balances in the Fund shall be 12 transferred, as appropriate, to either the De- 13 partment of the Treasury Forfeiture Fund es- 14 tablished under section 9705 of title 31, United 15 States Code, or to the Department of Justice 16 Assets Forfeiture Fund established under sec- 17 tion 524(c)(1) of title 28, United States Code. 18 19 (f) ATTORNEYS’ FEES AND COSTS.— (1) IN GENERAL.—No attorney shall charge, re- 20 ceive, or collect, and the Special Master shall not ap- 21 prove, any payment of fees and costs that in the ag- 22 gregate exceeds 25 percent of any payment made 23 under this section. 24 (2) PENALTY.—Any attorney who violates para- 25 graph (1) shall be fined under title 18, United December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1943 1 States Code, imprisoned for not more than 1 year, 2 or both. 3 (g) AWARD OF COMPENSATION TO INFORMERS.— 4 (1) IN GENERAL.—Any United States person 5 who holds a final judgment described in subsection 6 (c)(2)(A) or a claim under subsection (c)(2)(B) or 7 (c)(2)(C) and who meets the requirements set forth 8 in paragraph (2) is entitled to receive an award of 9 10 percent of the funds deposited in the Fund under 10 subsection (e)(2) attributable to information such 11 person furnished to the Attorney General that leads 12 to a forfeiture described in subsection (e)(2)(A), 13 which is made after the date of enactment of this 14 Act pursuant to a proceeding resulting in forfeiture 15 that was initiated after the date of enactment of this 16 Act. 17 18 19 20 (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— 21 (i) of a state sponsor of terrorism, or 22 held by a third party on behalf of or sub- 23 ject to the control of that state sponsor of 24 terrorism; December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1944 1 (ii) that were not previously identified 2 or known by the United States Govern- 3 ment; and 4 (iii) that are subsequently forfeited di- 5 rectly or in the form of substitute assets to 6 the United States; and 7 (B) the Attorney General finds that the 8 identification and notification under subpara- 9 graph (A) by that person substantially contrib- 10 uted to the forfeiture to the United States. 11 (h) SPECIAL EXCLUSION FROM COMPENSATION.—In 12 no event shall an individual who is criminally culpable for 13 an act of international terrorism receive any compensation 14 under this section, either directly or on behalf of a victim. 15 (i) REPORT TO CONGRESS.—Within 30 days after au- 16 thorizing the payment of compensation of eligible claims 17 pursuant to subsection (d), the Special Master shall sub18 mit to the chairman and ranking minority member of the 19 Committee on the Judiciary of the House of Representa20 tives and the chairman and ranking minority member of 21 the Committee on the Judiciary of the Senate a report 22 on the payment of eligible claims, which shall include— 23 (1) an explanation of the procedures for filing 24 and processing of applications for compensation; and December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1945 1 (2) an analysis of the payments made to United 2 States persons from the Fund and the amount of 3 outstanding eligible claims, including— 4 5 (A) the number of applications for compensation submitted; 6 7 (B) the number of applications approved and the amount of each award; 8 9 (C) the number of applications denied and the reasons for the denial; 10 (D) the number of applications for com- 11 pensation that are pending for which compen- 12 satory damages have not been paid in full; and 13 (E) the total amount of compensatory 14 damages from eligible claims that have been 15 paid and that remain unpaid. 16 (j) DEFINITIONS.—In this section the following defi- 17 nitions apply: 18 19 (1) ACT OF INTERNATIONAL TERRORISM.—The term ‘‘act of international terrorism’’ includes— 20 (A) an act of torture, extrajudicial killing, 21 aircraft sabotage, or hostage taking as those 22 terms are defined in section 1605A(h) of title 23 28, United States Code; and 24 (B) providing material support or re- 25 sources, as defined in section 2339A of title 18, December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1946 1 United States Code, for an act described in 2 subparagraph (A). 3 (2) ADVERSE FINAL JUDGMENT.—The term 4 ‘‘adverse final judgment’’ means a final judgment in 5 favor of the defendant, or defendants, in the pro- 6 ceedings identified in subsection (e)(2)(B)(iii), or 7 which does not order any payment from, or award 8 any interest in, the assets at issue in such pro- 9 ceedings to the plaintiffs, judgment creditors, or Set- 10 11 tling Judgment Creditors in such proceedings. (3) COMPENSATORY DAMAGES.—The term 12 ‘‘compensatory damages’’ does not include pre-judg- 13 ment or post-judgment interest or punitive damages. 14 (4) FINAL JUDGMENT.—The term ‘‘final judg- 15 ment’’ means an enforceable final judgment, decree 16 or order on liability and damages entered by a 17 United States district court that is not subject to 18 further appellate review, but does not include a 19 judgment, decree, or order that has been waived, re- 20 linquished, satisfied, espoused by the United States, 21 or subject to a bilateral claims settlement agreement 22 between the United States and a foreign state. In 23 the case of a default judgment, such judgment shall 24 not be considered a final judgment until such time December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1947 1 as service of process has been completed pursuant to 2 section 1608(e) of title 28, United States Code. 3 (5) FUND.—The term ‘‘Fund’’ means the 4 United States Victims of State Sponsored Terrorism 5 Fund established by this section. 6 (6) SOURCE OTHER THAN THIS FUND.—The 7 term ‘‘source other than this Fund’’ means all col- 8 lateral sources, including life insurance, pension 9 funds, death benefit programs, payments by Federal, 10 State, or local governments (including payments 11 from the September 11th Victim Compensation 12 Fund (49 U.S.C. 40101 note)), and court awarded 13 compensation related to the act of international ter- 14 rorism that gave rise to a claimant’s final judgment. 15 The term ‘‘entitled or scheduled to receive’’ in sub- 16 section (d)(3)(B)(i) includes any potential recovery 17 where that person or their representative is a party 18 to any civil or administrative action pending in any 19 court or agency of competent jurisdiction in which 20 the party seeks to enforce the judgment giving rise 21 to the application to the Fund. 22 (7) STATE SPONSOR OF TERRORISM.—The term 23 ‘‘state sponsor of terrorism’’ means a country the 24 government of which the Secretary of State has de- 25 termined, for purposes of section 6(j) of the Export December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1948 1 Administration Act of 1979 (50 U.S.C. 4605(j)), 2 section 620A of the Foreign Assistance Act of 1961 3 (22 U.S.C. 2371), section 40 of the Arms Export 4 Control Act (22 U.S.C. 2780), or any other provi- 5 sion of law, is a government that has repeatedly pro- 6 vided support for acts of international terrorism. 7 (8) UNITED STATES PERSON.—The term 8 ‘‘United States person’’ means a natural person who 9 has suffered an injury arising from the actions of a 10 foreign state for which the foreign state has been de- 11 termined not to be immune from the jurisdiction of 12 the courts of the United States under section 1605A 13 or section 1605(a)(7) (as such section was in effect 14 on January 27, 2008) of title 28, United States 15 Code, or is eligible to make a claim under subsection 16 (c)(2)(B) or subsection (c)(2)(C). 17 (k) SEVERABILITY.—The provisions of this section 18 are severable. If any provision of this section, or any appli19 cation thereof, is found unconstitutional, that finding shall 20 not affect any provision or application of this section not 21 so adjudicated. 22 SEC. 405. BUDGETARY PROVISIONS. 23 (a) LIMITATION.—Notwithstanding any other provi- 24 sion of law, including section 982 of title 18, United States 25 Code, and section 413 of the Controlled Substances Act December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1949 1 (21 U.S.C. 853), none of the funds paid to the United 2 States Government by BNP Paribas S.A. as part of, or 3 related to, a plea agreement dated June 27, 2014, entered 4 into between the Department of Justice and BNP Paribas 5 S.A., and subject to a consent order entered by the United 6 States District Court for the Southern District of New 7 York on May 1, 2015, in United States v. BNPP, No. 8 14 Cr. 460 (S.D.N.Y.) to settle charges against BNP 9 Paribas S.A. for conspiracy to commit an offense against 10 the United States in violation of section 371 of title 18, 11 United States Code, by conspiring to violate the Inter12 national Emergency Economic Powers Act (50 U.S.C. 13 1701 et seq.), and the Trading with the Enemy Act (50 14 U.S.C. 4301 et seq.), may be used by the United States 15 Government— 16 (1) in any manner in furtherance of the pro- 17 posed use of such funds by the Department of Jus- 18 tice to compensate individuals as announced by the 19 Department of Justice on May 1, 2015; or 20 (2) in any other manner whatsoever, including 21 in furtherance of any program to compensate victims 22 of international or state sponsored terrorism, except 23 as such funds are directed by Congress pursuant to 24 this title and the amendments made by this title. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1950 1 2 (b) RESCISSION MENT.—Of OF FUNDS FROM BNP SETTLE- the amounts in the Department of the Treas- 3 ury Forfeiture Fund established under section 9705 of 4 title 31, United States Code, $3,800,000,000 from funds 5 paid to the United States Government by BNP Paribas 6 S.A. as part of, or related to, a plea agreement dated June 7 27, 2014, entered into between the Department of Justice 8 and BNP Paribas S.A., and subject to a consent order 9 entered by the United States District Court for the South10 ern District of New York on May 1, 2015, in United 11 States v. BNPP, No. 14 Cr. 460 (S.D.N.Y.), shall be 12 deobligated, if necessary, and shall be permanently re13 scinded. TITLE V—MEDICARE AND MEDICAID PROVISIONS 14 15 16 SEC. 501. MEDICARE IMPROVEMENT FUND. 17 Section 1898(b)(1) of the Social Security Act (42 18 U.S.C. 1395iii(b)(1)) is amended by striking 19 ‘‘$205,000,000’’ and inserting ‘‘$5,000,000’’. 20 SEC. 502. MEDICARE PAYMENT INCENTIVE FOR THE TRAN- 21 SITION FROM TRADITIONAL X-RAY IMAGING 22 TO 23 MEDICARE IMAGING PAYMENT PROVISION. 24 25 December 16, 2015 (1:04 a.m.) DIGITAL RADIOGRAPHY AND OTHER (a) PHYSICIAN FEE SCHEDULE.— (1) PAYMENT INCENTIVE FOR TRANSITION.— U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1951 1 (A) IN GENERAL.—Section 1848(b) of the 2 Social Security Act (42 U.S.C. 1395w–4(b)) is 3 amended by adding at the end the following 4 new paragraph: 5 ‘‘(9) SPECIAL RULE TO INCENTIVIZE TRANSI- 6 TION FROM TRADITIONAL X-RAY IMAGING TO DIG- 7 ITAL RADIOGRAPHY.— 8 9 ‘‘(A) LIMITATION ON PAYMENT FOR FILM X-RAY IMAGING SERVICES.—In the case of an 10 imaging service (including the imaging portion 11 of a service) that is an X-ray taken using film 12 and that is furnished during 2017 or a subse- 13 quent year, the payment amount for the tech- 14 nical component (including the technical compo- 15 nent portion of a global service) of such service 16 that would otherwise be determined under this 17 section (without application of this paragraph 18 and before application of any other adjustment 19 under this section) for such year shall be re- 20 duced by 20 percent. 21 ‘‘(B) PHASED-IN LIMITATION ON PAYMENT 22 FOR COMPUTED RADIOGRAPHY IMAGING SERV- 23 ICES.—In 24 cluding the imaging portion of a service) that is December 16, 2015 (1:04 a.m.) the case of an imaging service (in- U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1952 1 an X-ray taken using computed radiography 2 technology— 3 ‘‘(i) in the case of such a service fur- 4 nished during 2018, 2019, 2020, 2021, or 5 2022, the payment amount for the tech- 6 nical component (including the technical 7 component portion of a global service) of 8 such service that would otherwise be deter- 9 mined under this section (without applica- 10 tion of this paragraph and before applica- 11 tion of any other adjustment under this 12 section) for such year shall be reduced by 13 7 percent; and 14 ‘‘(ii) in the case of such a service fur- 15 nished during 2023 or a subsequent year, 16 the payment amount for the technical com- 17 ponent (including the technical component 18 portion of a global service) of such service 19 that would otherwise be determined under 20 this section (without application of this 21 paragraph and before application of any 22 other adjustment under this section) for 23 such year shall be reduced by 10 percent. 24 ‘‘(C) 25 December 16, 2015 (1:04 a.m.) COMPUTED NOLOGY DEFINED.—For RADIOGRAPHY TECH- purposes of this para- U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1953 1 graph, the term ‘computed radiography tech- 2 nology’ means cassette-based imaging which 3 utilizes an imaging plate to create the image in- 4 volved. 5 ‘‘(D) IMPLEMENTATION.—In order to im- 6 plement this paragraph, the Secretary shall 7 adopt appropriate mechanisms which may in- 8 clude use of modifiers.’’. 9 (B) EXEMPTION FROM BUDGET NEU- 10 TRALITY.—Section 11 cial 12 4(c)(2)(B)(v)) is amended by adding at the end 13 the following new subclause: 14 Security 1848(c)(2)(B)(v) of the So- Act (42 U.S.C. ‘‘(X) REDUCED 1395w– EXPENDITURES 15 ATTRIBUTABLE 16 TRANSITION 17 RAPHY.—Effective 18 established beginning with 2017, re- 19 duced expenditures attributable to 20 subparagraph (A) of subsection (b)(9) 21 and effective for fee schedules estab- 22 lished beginning with 2018, reduced 23 expenditures attributable to subpara- 24 graph (B) of such subsection.’’. December 16, 2015 (1:04 a.m.) TO TO INCENTIVES DIGITAL TO RADIOG- for fee schedules U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1954 1 (2) REDUCTION OF DISCOUNT IN PAYMENT FOR 2 PROFESSIONAL COMPONENT OF MULTIPLE IMAGING 3 SERVICES.— 4 (A) IN GENERAL.—Section 1848(b) of the 5 Social Security Act (42 U.S.C. 1395w–4(b)), as 6 amended by paragraph (1), is amended by add- 7 ing at the end the following new paragraph: 8 ‘‘(10) REDUCTION 9 OF DISCOUNT IN PAYMENT FOR PROFESSIONAL COMPONENT OF MULTIPLE IM- 10 AGING SERVICES.—In 11 component of imaging services furnished on or after 12 January 1, 2017, instead of the 25 percent reduc- 13 tion for multiple procedures specified in the final 14 rule published by the Secretary in the Federal Reg- 15 ister on November 28, 2011, as amended in the final 16 rule published by the Secretary in the Federal Reg- 17 ister on November 16, 2012, the reduction percent- 18 age shall be 5 percent.’’. 19 the case of the professional (B) EXEMPTION FROM BUDGET NEU- 20 TRALITY.—Section 21 cial 22 4(c)(2)(B)(v)), as amended by paragraph (1), is 23 amended by adding at the end by the following 24 new subclause: December 16, 2015 (1:04 a.m.) Security 1848(c)(2)(B)(v) of the So- Act (42 U.S.C. 1395w U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1955 1 ‘‘(XI) DISCOUNT IN PAYMENT 2 FOR PROFESSIONAL COMPONENT OF 3 IMAGING SERVICES.—Effective 4 schedules established beginning with 5 2017, reduced expenditures attrib- 6 utable to subsection (b)(10).’’. 7 (C) CONFORMING for fee AMENDMENT.—Section 8 220(i) of the Protecting Access to Medicare Act 9 of 2014 (42 U.S.C. 1395w–4 note) is repealed. 10 (b) PAYMENT INCENTIVE FOR TRANSITION UNDER 11 HOSPITAL OUTPATIENT PROSPECTIVE PAYMENT SYS12 TEM.—Section 1833(t)(16) of the Social Security Act (42 13 U.S.C. 1395(t)(16)) is amended by adding at the end the 14 following new subparagraph: 15 ‘‘(F) PAYMENT INCENTIVE FOR THE TRAN- 16 SITION FROM TRADITIONAL X-RAY IMAGING TO 17 DIGITAL RADIOGRAPHY.—Notwithstanding 18 previous provisions of this subsection: 19 ‘‘(i) LIMITATION the ON PAYMENT FOR 20 FILM X-RAY IMAGING SERVICES.—In 21 case of an imaging service that is an X-ray 22 taken using film and that is furnished dur- 23 ing 2017 or a subsequent year, the pay- 24 ment amount for such service (including 25 the X-ray component of a packaged serv- December 16, 2015 (1:04 a.m.) the U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1956 1 ice) that would otherwise be determined 2 under this section (without application of 3 this paragraph and before application of 4 any other adjustment under this sub- 5 section) for such year shall be reduced by 6 20 percent. 7 ‘‘(ii) PHASED-IN LIMITATION ON PAY- 8 MENT FOR COMPUTED RADIOGRAPHY IM- 9 AGING SERVICES.—In the case of an imag- 10 ing service that is an X-ray taken using 11 computed radiography technology (as de- 12 fined in section 1848(b)(9)(C))— 13 ‘‘(I) in the case of such a service 14 furnished during 2018, 2019, 2020, 15 2021, or 2022, the payment amount 16 for such service (including the X-ray 17 component of a packaged service) that 18 would otherwise be determined under 19 this section (without application of 20 this paragraph and before application 21 of any other adjustment under this 22 subsection) for such year shall be re- 23 duced by 7 percent; and 24 ‘‘(II) in the case of such a service 25 furnished during 2023 or a subse- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1957 1 quent year, the payment amount for 2 such service (including the X-ray com- 3 ponent of a packaged service) that 4 would otherwise be determined under 5 this section (without application of 6 this paragraph and before application 7 of any other adjustment under this 8 subsection) for such year shall be re- 9 duced by 10 percent. 10 ‘‘(iii) APPLICATION WITHOUT REGARD 11 TO BUDGET NEUTRALITY.—The 12 made under this subparagraph— reductions 13 ‘‘(I) shall not be considered an 14 adjustment under paragraph (2)(E); 15 and 16 ‘‘(II) shall not be implemented in 17 a budget neutral manner. 18 ‘‘(iv) IMPLEMENTATION.—In order to 19 implement this subparagraph, the Sec- 20 retary shall adopt appropriate mechanisms 21 which may include use of modifiers.’’. 22 SEC. 503. LIMITING FEDERAL MEDICAID REIMBURSEMENT 23 TO STATES FOR DURABLE MEDICAL EQUIP- 24 MENT (DME) TO MEDICARE PAYMENT RATES. 25 December 16, 2015 (1:04 a.m.) (a) MEDICAID REIMBURSEMENT.— U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1958 1 2 3 4 5 6 7 (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 8 following new paragraph: 9 ‘‘(27) with respect to any amounts expended by 10 the State on the basis of a fee schedule for items de- 11 scribed in section 1861(n) and furnished on or after 12 January 1, 2019, as determined in the aggregate 13 with respect to each class of such items as defined 14 by the Secretary, in excess of the aggregate amount, 15 if any, that would be paid for such items within such 16 class on a fee-for-service basis under the program 17 under part B of title XVIII, including, as applicable, 18 under a competitive acquisition program under sec- 19 tion 1847 in an area of the State.’’. 20 (2) RULE OF CONSTRUCTION.—Nothing in the 21 amendments made by paragraph (1) shall be con- 22 strued to prohibit a State Medicaid program from 23 providing medical assistance for durable medical 24 equipment for which payment is denied or not avail- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1959 1 able under the Medicare program under title XVIII 2 of such Act. 3 (b) EVALUATING APPLICATION OF DME PAYMENT 4 LIMITS UNDER MEDICAID.—The Secretary of Health and 5 Human Services shall evaluate the impact of applying 6 Medicare payment rates with respect to payment for dura7 ble medical equipment under the Medicaid program under 8 section 1903(i)(27) of the Social Security Act, as inserted 9 by subsection (a)(1)(C). The Secretary shall make avail10 able to the public the results of such evaluation. 11 SEC. 504. TREATMENT OF DISPOSABLE DEVICES. 12 (a) IN GENERAL.—Section 1834 of the Social Secu- 13 rity Act (42 U.S.C. 1395m) is amended by adding at the 14 end the following new subsection: 15 16 ‘‘(s) PAYMENT FOR APPLICABLE DISPOSABLE DE- VICES.— 17 ‘‘(1) SEPARATE PAYMENT.—The Secretary shall 18 make a payment (separate from the payments other- 19 wise made under section 1895) in the amount estab- 20 lished under paragraph (3) to a home health agency 21 for an applicable disposable device (as defined in 22 paragraph (2)) when furnished on or after January 23 1, 2017, to an individual who receives home health 24 services for which payment is made under section 25 1895(b). December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1960 1 ‘‘(2) APPLICABLE DEVICE.—In DISPOSABLE 2 this subsection, the term applicable disposable device 3 means a disposable device that, as determined by the 4 Secretary, is— 5 ‘‘(A) a disposable negative pressure wound 6 therapy device that is an integrated system 7 comprised of a non-manual vacuum pump, a re- 8 ceptacle for collecting exudate, and dressings 9 for the purposes of wound therapy; and 10 ‘‘(B) a substitute for, and used in lieu of, 11 a negative pressure wound therapy durable 12 medical equipment item that is an integrated 13 system of a negative pressure vacuum pump, a 14 separate 15 dressings that would otherwise be covered for 16 individuals for such wound therapy. 17 ‘‘(3) PAYMENT exudate collection AMOUNT.—The canister, and separate pay- 18 ment amount established under this paragraph for 19 an applicable disposable device for a year shall be 20 equal to the amount of the payment that would be 21 made under section 1833(t) (relating to payment for 22 covered OPD services) for the year for the Level I 23 Healthcare Common Procedure Coding System 24 (HCPCS) code for which the description for a pro- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1961 1 fessional service includes the furnishing of such de- 2 vice.’’. 3 (b) CONFORMING AMENDMENTS.— 4 (1) COINSURANCE.—Section 1833(a)(1) of the 5 Social Security Act (42 U.S.C. 1395l(a)(1)) is 6 amended— 7 8 (A) by striking ‘‘and (Z)’’ and inserting ‘‘(Z)’’; and 9 (B) by inserting before the semicolon at 10 the end the following: ‘‘, and (AA) with respect 11 to an applicable disposable device (as defined in 12 paragraph (2) of section 1834(s)) furnished to 13 an individual pursuant to paragraph (1) of such 14 section, the amount paid shall be equal to 80 15 percent of the lesser of the actual charge or the 16 amount determined under paragraph (3) of 17 such section’’. 18 (2) HOME HEALTH.—Section 1861(m)(5) of the 19 Social Security Act (42 U.S.C. 1395x(m)(5)) is 20 amended by inserting ‘‘and applicable disposable de- 21 vices (as defined in section 1834(s)(2))’’ after ‘‘du- 22 rable medical equipment’’. 23 (c) REPORTS.— 24 25 December 16, 2015 (1:04 a.m.) (1) GAO DEVICES.— STUDY AND REPORT ON DISPOSABLE U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1962 1 (A) STUDY.—The Comptroller General of 2 the United States shall conduct a study on the 3 value of disposable devices to the Medicare pro- 4 gram and Medicare beneficiaries and the role of 5 disposable devices as substitutes for durable 6 medical equipment. Such study shall address 7 the following: 8 (i) The types of disposable devices 9 that could potentially qualify as being sub- 10 stitutes for durable medical equipment 11 under the Medicare program, the similar- 12 ities and differences between such dispos- 13 able devices and the durable medical equip- 14 ment for which they would be a substitute, 15 and the extent to which other payers, in- 16 cluding the Medicaid program and private 17 payers, cover such disposable devices. 18 (ii) Views of, and information from, 19 medical device manufacturers, providers of 20 services, and suppliers on the incentives 21 and disincentives under current Medicare 22 coverage and payment policies for dispos- 23 able devices that are substitutes for dura- 24 ble medical equipment and how such poli- 25 cies affect manufacturers’ decisions to de- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1963 1 velop innovative products and providers’ 2 and suppliers’ decisions to use such prod- 3 ucts. 4 (iii) Implications of expanding cov- 5 erage under the Medicare program to in- 6 clude additional disposable devices that are 7 substitutes for durable medical equipment. 8 (iv) Payment methodologies that could 9 be used to pay for disposable devices that 10 are substitutes for durable medical equip- 11 ment other than applicable disposable de- 12 vices pursuant to the amendments made by 13 subsections (a) and (b). 14 (v) Other applicable areas determined 15 appropriate by the Comptroller General. 16 (B) REPORT.—Not later than 18 months 17 after the date of the enactment of this Act, the 18 Comptroller General of the United States shall 19 submit to Congress and the Secretary of Health 20 and Human Services a report on the study con- 21 ducted under subparagraph (A), together with 22 recommendations for such legislation and ad- 23 ministrative action as the Comptroller General 24 determines to be appropriate. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1964 1 (2) GAO STUDY AND REPORT ON THE IMPACT 2 OF THE PAYMENT OF APPLICABLE DISPOSABLE DE- 3 VICES.— 4 (A) STUDY.—The Comptroller General of 5 the United States shall conduct a study on the 6 impact of the payment for applicable disposable 7 devices (as defined in section 1834(s)(2) of the 8 Social Security Act) under the provisions of, 9 and the amendments made by, subsections (a) 10 and (b). Such study shall address the following: 11 (i) The impact on utilization and 12 Medicare program and beneficiary spend- 13 ing as a result of such provisions and 14 amendments. 15 (ii) The type of Medicare beneficiaries 16 who, under the home health benefit, use 17 the applicable disposable device and the pe- 18 riod of use of the applicable disposable de- 19 vices compared to the beneficiaries who use 20 the substitute durable medical equipment 21 and their period of use. 22 (iii) How payment rates of other pay- 23 ers, including the Medicaid program and 24 private payers, for applicable disposable 25 devices compare to the payment rates for December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1965 1 such devices under such provisions and 2 amendments. 3 (iv) Other applicable areas determined 4 appropriate by the Comptroller General. 5 (B) REPORT.—Not later than 4 years after 6 the date of the enactment of this Act, the 7 Comptroller General of the United States shall 8 submit to Congress and the Secretary of Health 9 and Human Services a report on the study con- 10 ducted under subparagraph (A), together with 11 recommendations for such legislation and ad- 12 ministrative action as the Comptroller General 13 determines to be appropriate. 14 (d) EFFECTIVE DATE.—The amendments made by 15 this section shall apply to items furnished on or after Jan16 uary 1, 2017. 17 TITLE VI—PUERTO RICO 18 SEC. 601. MODIFICATION OF MEDICARE INPATIENT HOS- 19 PITAL PAYMENT RATE FOR PUERTO RICO 20 HOSPITALS. 21 Section 1886(d)(9)(E) of the Social Security Act (42 22 U.S.C. 1395ww(d)(9)(E)) is amended— 23 (1) by striking ‘‘and’’ at the end of clause (iii); 24 (2) in clause (iv)— December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1966 1 (A) by inserting ‘‘and before January 1, 2 2016,’’ after ‘‘2004,’’; and 3 (B) by striking the period at the end and 4 inserting ‘‘; and’’; and 5 (3) by adding at the end the following new 6 clause: 7 ‘‘(v) on or after January 1, 2016, the applicable 8 Puerto Rico percentage is 0 percent and the applica- 9 ble Federal percentage is 100 percent.’’. 10 SEC. 602. APPLICATION OF MEDICARE HITECH PAYMENTS 11 TO HOSPITALS IN PUERTO RICO. 12 (a) IN GENERAL.—Subsection (n)(6)(B) of section 13 1886 of the Social Security Act (42 U.S.C. 1395ww) is 14 amended by striking ‘‘subsection (d) hospital’’ and insert15 ing ‘‘hospital that is a subsection (d) hospital or a sub16 section (d) Puerto Rico hospital’’. 17 (b) CONFORMING AMENDMENTS.— 18 (1) Subsection (b)(3)(B)(ix) of section 1886 of 19 the Social Security Act (42 U.S.C. 1395ww) is 20 amended— 21 22 (A) in subclause (I), by striking ‘‘(n)(6)(A)’’ and inserting ‘‘(n)(6)(B)’’; and 23 (B) in subclause (II), by striking ‘‘a sub- 24 section (d) hospital’’ and inserting ‘‘an eligible 25 hospital’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1967 1 (2) Paragraphs (2) and (4)(A) of section 2 1853(m) of the Social Security Act (42 U.S.C. 3 1395w–23(m)) 4 ‘‘1886(n)(6)(A)’’ and inserting ‘‘1886(n)(6)(B)’’. 5 (c) IMPLEMENTATION.—Notwithstanding any other are each amended by striking 6 provision of law, the Secretary of Health and Human 7 Services may implement the amendments made by this 8 section by program instruction or otherwise. 9 (d) EFFECTIVE DATE.—The amendments made by 10 this section shall apply as if included in the enactment 11 of the American Recovery and Reinvestment Act of 2009 12 (Public Law 111–5), except that, in order to take into ac13 count delays in the implementation of this section, in ap14 plying subsections (b)(3)(B)(ix), (n)(2)(E)(ii), and 15 (n)(2)(G)(i) of section 1886 of the Social Security Act, 16 as amended by this section, any reference in such sub17 sections to a particular year shall be treated with respect 18 to a subsection (d) Puerto Rico hospital as a reference 19 to the year that is 5 years after such particular year (or 20 7 years after such particular year in the case of applying 21 subsection (b)(3)(B)(ix) of such section). 22 TITLE VII—FINANCIAL SERVICES 23 SEC. 701. TABLE OF CONTENTS. 24 The table of contents for this title is as follows: Sec. 701. Table of contents. Sec. 702. Limitations on sale of preferred stock. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1968 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. 1 SEC. 702. LIMITATIONS ON SALE OF PREFERRED STOCK. 2 3 4 5 (a) DEFINITIONS.—In this section: (1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Treasury. (2) SENIOR PREFERRED 6 AGREEMENT.—The 7 Purchase Agreement’’ means— STOCK PURCHASE term ‘‘Senior Preferred Stock 8 (A) the Amended and Restated Senior Pre- 9 ferred Stock Purchase Agreement, dated Sep- 10 tember 26, 2008, as such Agreement has been 11 amended on May 6, 2009, December 24, 2009, 12 and August 17, 2012, respectively, and as such 13 Agreement may be further amended and re- 14 stated, entered into between the Department of 15 the Treasury and each enterprise, as applicable; 16 and 17 (B) any provision of any certificate in con- 18 nection with such Agreement creating or desig- 19 nating the terms, powers, preferences, privi- 20 leges, limitations, or any other conditions of the 21 Variable Liquidation Preference Senior Pre- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1969 1 ferred Stock of an enterprise issued or sold pur- 2 suant to such Agreement. 3 (b) LIMITATIONS ON SALE OF PREFERRED STOCK.— 4 Notwithstanding any other provision of law or any provi5 sion of the Senior Preferred Stock Purchase Agreement, 6 until at least January 1, 2018, the Secretary may not sell, 7 transfer, relinquish, liquidate, divest, or otherwise dispose 8 of any outstanding shares of senior preferred stock ac9 quired pursuant to the Senior Preferred Stock Purchase 10 Agreement, unless Congress has passed and the President 11 has signed into law legislation that includes a specific in12 struction to the Secretary regarding the sale, transfer, re13 linquishment, liquidation, divestiture, or other disposition 14 of the senior preferred stock so acquired. 15 (c) SENSE OF CONGRESS.—It is the Sense of Con- 16 gress that Congress should pass and the President should 17 sign into law legislation determining the future of Fannie 18 Mae and Freddie Mac, and that notwithstanding the expi19 ration of subsection (b), the Secretary should not sell, 20 transfer, relinquish, liquidate, divest, or otherwise dispose 21 of any outstanding shares of senior preferred stock ac22 quired pursuant to the Senior Preferred Stock Purchase 23 Agreement until such legislation is enacted. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1970 1 SEC. 703. CONFIDENTIALITY OF INFORMATION SHARED BE- 2 TWEEN 3 SERVICES REGULATORS. 4 STATE AND FEDERAL FINANCIAL Section 1512(a) of the S.A.F.E. Mortgage Licensing 5 Act of 2008 (12 U.S.C. 5111(a)) is amended by inserting 6 ‘‘or financial services’’ before ‘‘industry’’. 7 SEC. 704. APPLICATION OF FACA. 8 Section 1013 of the Consumer Financial Protection 9 Act of 2010 (12 U.S.C. 5493) is amended by adding at 10 the end the following: 11 ‘‘(h) APPLICATION OF FACA.—Notwithstanding any 12 provision of the Federal Advisory Committee Act (5 13 U.S.C. App.), such Act shall apply to each advisory com14 mittee of the Bureau and each subcommittee of such an 15 advisory committee.’’. 16 SEC. 705. TREATMENT OF AFFILIATE TRANSACTIONS. 17 (a) COMMODITY EXCHANGE ACT AMENDMENTS.— 18 Section 2(h)(7)(D) of the Commodity Exchange Act (7 19 U.S.C. 2(h)(7)(D)) is amended— 20 (1) by redesignating clause (iii) as clause (v); 21 (2) by striking clauses (i) and (ii) and inserting 22 23 the following: ‘‘(i) IN GENERAL.—An affiliate of a 24 person that qualifies for an exception 25 under subparagraph (A) (including affiliate 26 entities predominantly engaged in pro- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1971 1 viding financing for the purchase of the 2 merchandise or manufactured goods of the 3 person) may qualify for the exception only 4 if the affiliate— 5 ‘‘(I) enters into the swap to 6 hedge or mitigate the commercial risk 7 of the person or other affiliate of the 8 person that is not a financial entity, 9 and the commercial risk that the affil- 10 iate is hedging or mitigating has been 11 transferred to the affiliate; 12 ‘‘(II) is directly and wholly-owned 13 by another affiliate qualified for the 14 exception under this subparagraph or 15 an entity that is not a financial entity; 16 ‘‘(III) is not indirectly majority- 17 owned by a financial entity; 18 ‘‘(IV) is not ultimately owned by 19 a parent company that is a financial 20 entity; and 21 ‘‘(V) does not provide any serv- 22 ices, financial or otherwise, to any af- 23 filiate that is a nonbank financial 24 company supervised by the Board of 25 Governors (as defined under section December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1972 1 102 of the Financial Stability Act of 2 2010). 3 ‘‘(ii) LIMITATION ON QUALIFYING AF- 4 FILIATES.—The 5 shall not apply if the affiliate is— exception in clause (i) 6 ‘‘(I) a swap dealer; 7 ‘‘(II) a security-based swap deal- 8 9 10 11 er; ‘‘(III) a major swap participant; ‘‘(IV) a major security-based swap participant; 12 ‘‘(V) a commodity pool; 13 ‘‘(VI) a bank holding company; 14 ‘‘(VII) a private fund, as defined 15 in section 202(a) of the Investment 16 Advisers Act of 1940 (15 U.S.C. 80– 17 b–2(a)); 18 ‘‘(VIII) an employee benefit plan 19 or government plan, as defined in 20 paragraphs (3) and (32) of section 3 21 of the Employee Retirement Income 22 Security Act of 1974 (29 U.S.C. 23 1002); 24 25 December 16, 2015 (1:04 a.m.) ‘‘(IX) an insured depository institution; U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1973 1 2 ‘‘(X) a farm credit system institution; 3 ‘‘(XI) a credit union; 4 ‘‘(XII) a nonbank financial com- 5 pany supervised by the Board of Gov- 6 ernors (as defined under section 102 7 of the Financial Stability Act of 8 2010); or 9 ‘‘(XIII) an entity engaged in the 10 business of insurance and subject to 11 capital requirements established by an 12 insurance governmental authority of a 13 State, a territory of the United 14 States, the District of Columbia, a 15 country other than the United States, 16 or a political subdivision of a country 17 other than the United States that is 18 engaged in the supervision of insur- 19 ance companies under insurance law. 20 ‘‘(iii) LIMITATION ON AFFILIATES’ AF- 21 FILIATES.—Unless 22 mines, by order, rule, or regulation, that it 23 is in the public interest, the exception in 24 clause (i) shall not apply with respect to an December 16, 2015 (1:04 a.m.) the Commission deter- U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1974 1 affiliate if the affiliate is itself affiliated 2 with— 3 4 ‘‘(I) a major security-based swap participant; 5 6 ‘‘(II) a security-based swap dealer; 7 8 ‘‘(III) a major swap participant; or 9 10 ‘‘(IV) a swap dealer. ‘‘(iv) CONDITIONS ON TRANS- 11 ACTIONS.—With 12 qualifies for the exception in clause (i)— respect to an affiliate that 13 ‘‘(I) the affiliate may not enter 14 into any swap other than for the pur- 15 pose of hedging or mitigating com- 16 mercial risk; and 17 ‘‘(II) neither the affiliate nor any 18 person affiliated with the affiliate that 19 is not a financial entity may enter 20 into a swap with or on behalf of any 21 affiliate that is a financial entity or 22 otherwise assume, net, combine, or 23 consolidate the risk of swaps entered 24 into by any such financial entity, ex- 25 cept one that is an affiliate that quali- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1975 1 fies for the exception under clause 2 (i).’’; and 3 (3) by adding at the end the following: 4 ‘‘(vi) RISK MANAGEMENT PROGRAM.— 5 Any swap entered into by an affiliate that 6 qualifies for the exception in clause (i) 7 shall be subject to a centralized risk man- 8 agement program of the affiliate, which is 9 reasonably designed both to monitor and 10 manage the risks associated with the swap 11 and to identify each of the affiliates on 12 whose behalf a swap was entered into.’’. 13 14 (b) SECURITIES EXCHANGE ACT MENT.—Section OF 1934 AMEND- 3C(g)(4) of the Securities Exchange Act 15 of 1934 (15 U.S.C. 78c–3(g)(4)) is amended— 16 17 18 19 20 (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 per- 21 son that qualifies for an exception under this 22 subsection (including affiliate entities predomi- 23 nantly engaged in providing financing for the 24 purchase of the merchandise or manufactured December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1976 1 goods of the person) may qualify for the excep- 2 tion only if the affiliate— 3 ‘‘(i) enters into the security-based 4 swap to hedge or mitigate the commercial 5 risk of the person or other affiliate of the 6 person that is not a financial entity, and 7 the commercial risk that the affiliate is 8 hedging or mitigating has been transferred 9 to the affiliate; 10 ‘‘(ii) is directly and wholly-owned by 11 another affiliate qualified for the exception 12 under this paragraph or an entity that is 13 not a financial entity; 14 15 ‘‘(iii) is not indirectly majority-owned by a financial entity; 16 ‘‘(iv) is not ultimately owned by a par- 17 ent company that is a financial entity; and 18 ‘‘(v) does not provide any services, fi- 19 nancial or otherwise, to any affiliate that is 20 a nonbank financial company supervised by 21 the Board of Governors (as defined under 22 section 102 of the Financial Stability Act 23 of 2010). December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1977 1 ‘‘(B) LIMITATION ON QUALIFYING AFFILI- 2 ATES.—The 3 shall not apply if the affiliate is— exception in subparagraph (A) 4 ‘‘(i) a swap dealer; 5 ‘‘(ii) a security-based swap dealer; 6 ‘‘(iii) a major swap participant; 7 ‘‘(iv) a major security-based swap par- 8 ticipant; 9 ‘‘(v) a commodity pool; 10 ‘‘(vi) a bank holding company; 11 ‘‘(vii) a private fund, as defined in 12 section 202(a) of the Investment Advisers 13 Act of 1940 (15 U.S.C. 80–b–2(a)); 14 ‘‘(viii) an employee benefit plan or 15 government plan, as defined in paragraphs 16 (3) and (32) of section 3 of the Employee 17 Retirement Income Security Act of 1974 18 (29 U.S.C. 1002); 19 20 ‘‘(ix) an insured depository institution; 21 ‘‘(x) a farm credit system institution; 22 ‘‘(xi) a credit union; 23 ‘‘(xii) a nonbank financial company 24 supervised by the Board of Governors (as December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1978 1 defined under section 102 of the Financial 2 Stability Act of 2010); or 3 ‘‘(xiii) an entity engaged in the busi- 4 ness of insurance and subject to capital re- 5 quirements established by an insurance 6 governmental authority of a State, a terri- 7 tory of the United States, the District of 8 Columbia, a country other than the United 9 States, or a political subdivision of a coun- 10 try other than the United States that is 11 engaged in the supervision of insurance 12 companies under insurance law. 13 ‘‘(C) LIMITATION ON AFFILIATES’ AFFILI- 14 ATES.—Unless 15 order, rule, or regulation, that it is in the public 16 interest, the exception in subparagraph (A) 17 shall not apply with respect to an affiliate if 18 such affiliate is itself affiliated with— 19 20 the Commission determines, by ‘‘(i) a major security-based swap participant; 21 ‘‘(ii) a security-based swap dealer; 22 ‘‘(iii) a major swap participant; or 23 ‘‘(iv) a swap dealer. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1979 1 ‘‘(D) CONDITIONS ON TRANSACTIONS.— 2 With respect to an affiliate that qualifies for 3 the exception in subparagraph (A)— 4 ‘‘(i) such affiliate may not enter into 5 any security-based swap other than for the 6 purpose of hedging or mitigating commer- 7 cial risk; and 8 ‘‘(ii) neither such affiliate nor any 9 person affiliated with such affiliate that is 10 not a financial entity may enter into a se- 11 curity-based swap with or on behalf of any 12 affiliate that is a financial entity or other- 13 wise assume, net, combine, or consolidate 14 the risk of security-based swaps entered 15 into by any such financial entity, except 16 one that is an affiliate that qualifies for 17 the exception under subparagraph (A).’’; 18 and 19 20 (3) by adding at the end the following: ‘‘(F) RISK MANAGEMENT PROGRAM.—Any 21 security-based swap entered into by an affiliate 22 that qualifies for the exception in subparagraph 23 (A) shall be subject to a centralized risk man- 24 agement program of the affiliate, which is rea- 25 sonably designed both to monitor and manage December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1980 1 the risks associated with the security-based 2 swap and to identify each of the affiliates on 3 whose behalf a security-based swap was entered 4 into.’’. 5 SEC. 706. ENSURING THE PROTECTION OF INSURANCE POL- 6 ICYHOLDERS. 7 (a) SOURCE OF STRENGTH.—Section 38A of the 8 Federal Deposit Insurance Act (12 U.S.C. 1831o–1) is 9 amended— 10 (1) by redesignating subsections (c), (d), and 11 (e) as subsections (d), (e), and (f), respectively; and 12 (2) by inserting after subsection (b) the fol- 13 lowing: 14 ‘‘(c) AUTHORITY 15 OF STATE INSURANCE REGU- LATOR.— 16 ‘‘(1) IN GENERAL.—The provisions of section 17 5(g) of the Bank Holding Company Act of 1956 (12 18 U.S.C. 1844(g)) shall apply to a savings and loan 19 holding company that is an insurance company, an 20 affiliate of an insured depository institution that is 21 an insurance company, and to any other company 22 that is an insurance company and that directly or 23 indirectly controls an insured depository institution, 24 to the same extent as the provisions of that section December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1981 1 apply to a bank holding company that is an insur- 2 ance company. 3 ‘‘(2) RULE OF CONSTRUCTION.—Requiring a 4 bank holding company that is an insurance com- 5 pany, a savings and loan holding company that is an 6 insurance company, an affiliate of an insured deposi- 7 tory institution that is an insurance company, or any 8 other company that is an insurance company and 9 that directly or indirectly controls an insured deposi- 10 tory institution to serve as a source of financial 11 strength under this section shall be deemed an ac- 12 tion of the Board that requires a bank holding com- 13 pany to provide funds or other assets to a subsidiary 14 depository institution for purposes of section 5(g) of 15 the Bank Holding Company Act of 1956 (12 U.S.C. 16 1844(g)).’’. 17 (b) LIQUIDATION AUTHORITY.—The Dodd-Frank 18 Wall Street Reform and Consumer Protection Act (12 19 U.S.C. 5301 et seq.) is amended— 20 (1) in section 203(e)(3) (12 U.S.C. 5383(e)(3)), 21 by inserting ‘‘or rehabilitation’’ after ‘‘orderly liq- 22 uidation’’ each place that term appears; and 23 (2) in section 204(d)(4) (12 U.S.C. 24 5384(d)(4)), by inserting before the semicolon at the 25 end the following: ‘‘, except that, if the covered fi- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1982 1 nancial company or covered subsidiary is an insur- 2 ance company or a subsidiary of an insurance com- 3 pany, the Corporation— 4 ‘‘(A) shall promptly notify the State insur- 5 ance authority for the insurance company of the 6 intention to take such lien; and 7 ‘‘(B) may only take such lien— 8 ‘‘(i) to secure repayment of funds 9 made available to such covered financial 10 company or covered subsidiary; and 11 ‘‘(ii) if the Corporation determines, 12 after consultation with the State insurance 13 authority, that such lien will not unduly 14 impede or delay the liquidation or rehabili- 15 tation of the insurance company, or the re- 16 covery by its policyholders’’. 17 SEC. 707. LIMITATION ON SEC FUNDS. 18 None of the funds made available by any division of 19 this Act shall be used by the Securities and Exchange 20 Commission to finalize, issue, or implement any rule, regu21 lation, or order regarding the disclosure of political con22 tributions, contributions to tax exempt organizations, or 23 dues paid to trade associations. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1983 1 SEC. 708. ELIMINATION OF REPORTING REQUIREMENT. 2 Paragraph (6) of section 21(h) of the Securities Ex- 3 change Act of 1934 (15 U.S.C. 78u(h)) is repealed. 4 SEC. 709. EXTENSION OF HARDEST HIT FUND; TERMI- 5 NATION OF MAKING HOME AFFORDABLE INI- 6 TIATIVE. 7 (a) EXTENSION OF HARDEST HIT FUND.—Section 8 120(b) of the Emergency Economic Stabilization Act of 9 2008 (12 U.S.C. 5230(b)) is amended by inserting after 10 the period at the end the following: ‘‘Notwithstanding the 11 foregoing, the Secretary may further extend the authority 12 provided under this Act to expire on December 31, 2017, 13 provided that (1) any such extension shall apply only with 14 respect to current program participants in the Housing 15 Finance Agency Innovation Fund for the Hardest Hit 16 Housing Markets, and (2) funds obligated following such 17 extension shall not exceed $2,000,000,000.’’. 18 19 (b) TERMINATION.— (1) IN GENERAL.—The Making Home Afford- 20 able initiative of the Secretary of the Treasury, as 21 authorized under the Emergency Economic Sta- 22 bilization Act of 2008 (12 U.S.C. 5201 et seq.), 23 shall terminate on December 31, 2016. 24 (2) APPLICABILITY.—Paragraph (1) shall not 25 apply to any loan modification application made 26 under the Home Affordable Modification Program December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1984 1 under the Making Home Affordable initiative of the 2 Secretary of the Treasury, as authorized under the 3 Emergency Economic Stabilization Act of 2008 (12 4 U.S.C. 5201 et seq.), before December 31, 2016. 5 TITLE VIII—LAND AND WATER CONSERVATION FUND 6 7 SEC. 801. LAND AND WATER CONSERVATION FUND. 8 (a) REAUTHORIZATION.—Section 200302 of title 54, 9 United States Code, is amended— 10 (1) in subsection (b), in the language preceding 11 paragraph (1), by striking ‘‘September 30, 2015’’ 12 and inserting ‘‘September 30, 2018’’; and 13 (2) in subsection (c)(1), by striking ‘‘September 14 30, 2015’’ and inserting ‘‘September 30, 2018’’. 15 (b) PROHIBITION ON USE OF CONDEMNATION OR 16 EMINENT DOMAIN.—Except as provided by subsection 17 (c), for fiscal years 2016, 2017, and 2018, unless other18 wise provided by division G of this Act or an Act enacted 19 after this Act making appropriations for the Department 20 of the Interior, Environment, and Related Agencies, no 21 funds appropriated by such division or Act for the acquisi22 tion of lands or interests in lands may be expended for 23 the filing of declarations of taking or complaints in con24 demnation without the approval of the House and Senate 25 Committees on Appropriations. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1985 1 (c) EXCEPTION FOR EVERGLADES.—Hereafter, sub- 2 section (b) shall not apply to funds appropriated to imple3 ment the Everglades National Park Protection and Ex4 pansion Act of 1989, or to funds appropriated for Federal 5 assistance to the State of Florida to acquire lands for Ev6 erglades restoration purposes. 7 8 9 TITLE IX—NATIONAL OCEANS AND COASTAL SECURITY SEC. 901. SHORT TITLE. 10 This title may be cited as the ‘‘National Oceans and 11 Coastal Security Act’’. 12 SEC. 902. DEFINITIONS. 13 In this title: 14 (1) COASTAL COUNTY.—The term ‘‘coastal 15 county’’ has the meaning given the term by the Na- 16 tional Oceanic and Atmospheric Administration in 17 the document entitled ‘‘NOAA’s List of Coastal 18 Counties for the Bureau of the Census’’ (or similar 19 successor document). 20 (2) COASTAL STATE.—The term ‘‘coastal 21 State’’ has the meaning given the term ‘‘coastal 22 state’’ in section 304 of the Coastal Zone Manage- 23 ment Act of 1972 (16 U.S.C. 1453). 24 (3) FOUNDATION.—The term ‘‘Foundation’’ 25 means the National Fish and Wildlife Foundation December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1986 1 established by section 2(a) of the National Fish and 2 Wildlife Foundation Establishment Act (16 U.S.C. 3 3701(a)). 4 (4) FUND.—The term ‘‘Fund’’ means the Na- 5 tional Oceans and Coastal Security Fund established 6 under section 904(a). 7 (5) INDIAN 8 TRIBE.—The term ‘‘Indian tribe’’ means any federally recognized Indian tribe. 9 (6) ADMINISTRATOR.—Except as otherwise spe- 10 cifically provided, the term ‘‘Administrator’’ means 11 the Under Secretary of Commerce for Oceans and 12 Atmosphere and Administrator of the National Oce- 13 anic and Atmospheric Administration. 14 (7) TIDAL SHORELINE.—The term ‘‘tidal shore- 15 line’’ has the meaning given that term pursuant to 16 section 923.110(c)(2)(i) of title 15, Code of Federal 17 Regulations, or a similar successor regulation. 18 SEC. 903. PURPOSES AND AGREEMENTS. 19 (a) PURPOSES.—The purposes of this title are to bet- 20 ter understand and utilize the oceans, coasts, and Great 21 Lakes of the United States, and ensure present and future 22 generations will benefit from the full range of ecological, 23 economic, social, and recreational opportunities, security, 24 and services these resources are capable of providing. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1987 1 (b) AGREEMENTS.—The Administrator and the 2 Foundation may enter into such agreements as may be 3 necessary to carry out the purposes of this title. 4 SEC. 904. NATIONAL OCEANS AND COASTAL SECURITY 5 6 FUND. (a) ESTABLISHMENT.—The Administrator and the 7 Foundation are authorized to establish the National 8 Oceans and Coastal Security Fund as a tax exempt fund 9 to further the purposes of this title. 10 (b) DEPOSITS.— 11 (1) IN GENERAL.—There shall be deposited into 12 the Fund amounts appropriated or otherwise made 13 available to carry out this title. 14 (2) PROHIBITIONS ON DONATIONS FROM FOR- 15 EIGN GOVERNMENTS.—No 16 foreign government, as defined in section 7342 of 17 title 5, United States Code, may be deposited into 18 the Fund. 19 (c) REQUIREMENTS.—Any amounts received by the amounts donated by a 20 Foundation pursuant to this title shall be subject to the 21 provisions of the National Fish and Wildlife Foundation 22 Establishment Act (16 U.S.C. 3701 et seq.), except the 23 provisions of— 24 25 December 16, 2015 (1:04 a.m.) (1) section 4(e)(1)(B) of that Act (16 U.S.C. 3703(e)(1)(B)); and U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1988 1 (2) section 10(a) of that Act (16 U.S.C. 2 3709(a)). 3 (d) EXPENDITURE.—Of the amounts deposited into 4 the Fund for each fiscal year— 5 (1) funds may be used by the Foundation to 6 award grants to coastal States under section 906(b); 7 (2) funds may be used by the Foundation to 8 award grants under section 906(c); 9 (3) no more than 2 percent may be used by the 10 Administrator and the Foundation for administra- 11 tive expenses to carry out this title, which amount 12 shall be divided between the Administrator and the 13 Foundation pursuant to an agreement reached and 14 documented by both the Administrator and the 15 Foundation. 16 (e) RECOVERY OF PAYMENTS.—After notice and an 17 opportunity for a hearing, the Administrator is authorized 18 to recover any Federal payments under this section if the 19 Foundation— 20 (1) makes a withdrawal or expenditure from the 21 Fund that is not consistent with the requirements of 22 section 905; or 23 (2) fails to comply with a procedure, measure, 24 method, or standard established under section 25 906(a)(1). December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1989 1 SEC. 905. ELIGIBLE USES. 2 (a) IN GENERAL.—Amounts in the Fund may be allo- 3 cated by the Foundation to support programs and activi4 ties intended to better understand and utilize ocean and 5 coastal resources and coastal infrastructure, including 6 baseline scientific research, ocean observing, and other 7 programs and activities carried out in coordination with 8 Federal and State departments or agencies. 9 10 (b) PROHIBITION TION OR ON USE OF FUNDS FOR LITIGA- OTHER PURPOSES.—No funds made available 11 under this title may be used to— 12 (1) fund litigation against the Federal Govern- 13 ment; or 14 (2) fund the creation of national marine monu- 15 ments and marine protected areas, marine spatial 16 planning, or the National Ocean Policy. 17 SEC. 906. GRANTS. 18 19 (a) ADMINISTRATION OF GRANTS.— (1) IN GENERAL.—Not later than 90 days after 20 funds are deposited into the Fund and made avail- 21 able to the Foundation for administrative purposes, 22 the Foundation shall establish the following: 23 (A) Application and review procedures for 24 the awarding of grants under this section, in- 25 cluding 26 amounts awarded under such subsections may December 16, 2015 (1:04 a.m.) requirements ensuring that any U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1990 1 only be used for an eligible use described under 2 section 905. 3 (B) Selection procedures and criteria for 4 the awarding of grants under this section 5 that— 6 (i) require consultation with the Ad- 7 ministrator and the Secretary of the Inte- 8 rior; and 9 (ii) prioritize the projects or activities 10 where non-Federal partners have com- 11 mitted to share the cost of the project. 12 (C) 13 grants— 14 15 16 17 18 Eligibility criteria for awarding (i) under subsection (b) to coastal States; and (ii) under subsection (c) to— (I) entities including States, local governments, and Indian tribes; and 19 (II) the research and restoration 20 work of associations, nongovernmental 21 organizations, public-private partner- 22 ships, and academic institutions. 23 (D) Performance accountability and moni- 24 toring measures for programs and activities December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1991 1 funded by a grant awarded under subsection (b) 2 or (c). 3 (E) Procedures and methods to ensure ac- 4 curate accounting and appropriate administra- 5 tion of grants awarded under this section, in- 6 cluding standards of recordkeeping. 7 (F) Procedures to carry out audits of the 8 Fund as necessary, but not less frequently than 9 once every year if grants have been awarded in 10 11 12 that year. (G) Procedures to carry out audits of the recipients of grants under this section. 13 (H) Procedures to make publicly available 14 on the Internet a list of all projects funded by 15 the Fund, that includes at a minimum the 16 grant recipient, grant amount, project descrip- 17 tion, and project status. 18 (2) APPROVAL.—The Foundation shall submit 19 to the Administrator for approval each procedure, 20 measure, method, and standard established under 21 paragraph (1). 22 (b) GRANTS TO COASTAL STATES.— 23 (1) IN GENERAL.—The Administrator and the 24 Foundation may award grants according to the pro- 25 cedures established in subsection (a) to coastal December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1992 1 States and United States territories to support ac- 2 tivities consistent with section 904. In determining 3 distribution of grants, the Foundation may— 4 (A) consider for each State— 5 (i) percent of total United States 6 shoreline miles; 7 (ii) coastal population density; and 8 (iii) other factors; 9 (B) establish criteria for States, including 10 the requirement for a State to establish a plan 11 to distribute the funds; and 12 (C) establish a maximum and minimum 13 percentage of funding to be awarded to each 14 State or United States territory. 15 (2) INDIAN TRIBES.—As a condition on receipt 16 of a grant under this subsection, a State that re- 17 ceives a grant under this subsection shall ensure 18 that Indian tribes in the State are eligible to partici- 19 pate in any competitive grants established in this 20 title. 21 (c) NATIONAL GRANTS FOR OCEANS, COASTS, AND 22 GREAT LAKES.— 23 24 December 16, 2015 (1:04 a.m.) (1) IN GENERAL.—The Administrator and the Foundation may award grants according to the pro- U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1993 1 cedures established in subsection (a) to support ac- 2 tivities consistent with section 905. 3 (2) ADVISORY 4 (A) IN PANEL.— GENERAL.—The Foundation may 5 establish an advisory panel to conduct reviews 6 of applications for grants under paragraph (1) 7 and the Foundation may consider the rec- 8 ommendations of the advisory panel with re- 9 spect to such applications. 10 (B) MEMBERSHIP.—The advisory panel 11 described under subparagraph (A) shall include 12 persons representing— 13 (i) ocean and coastal dependent indus- 14 tries; 15 (ii) geographic regions as defined by 16 the Foundation; and 17 18 (iii) academic institutions. SEC. 907. ANNUAL REPORT. 19 (a) REQUIREMENT FOR ANNUAL REPORT.—Subject 20 to subsection (c), beginning with fiscal year 2017, not 21 later than 60 days after the end of each fiscal year, the 22 Foundation shall submit to the Committee on Commerce, 23 Science, and Transportation of the Senate and the Com24 mittee on Natural Resources of the House of Representa- December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1994 1 tives a report on the operation of the Fund during that 2 fiscal year. 3 (b) CONTENT.—Each annual report submitted under 4 subsection (a) for a fiscal year shall include— 5 (1) a full and complete statement of the re- 6 ceipts, including the source of all receipts, expendi- 7 tures, and investments of the Fund; 8 (2) a statement of the amounts deposited in the 9 Fund and the balance remaining in the Fund at the 10 end of the fiscal year; and 11 (3) a description of the expenditures made from 12 the Fund for the fiscal year, including the purpose 13 of the expenditures. 14 SEC. 908. FUNDING. 15 There is authorized to be appropriated such sums as 16 are necessary for fiscal years 2017, 2018, and 2019 for 17 this title. TITLE X—BUDGETARY PROVISIONS 18 19 20 SEC. 1001. BUDGETARY EFFECTS. 21 (a) STATUTORY PAYGO SCORECARDS.—The budg- 22 etary effects of this division and division P shall not be 23 entered on either PAYGO scorecard maintained pursuant 24 to section 4(d) of the Statutory Pay-As-You-Go Act of 25 2010. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1995 1 (b) SENATE PAYGO SCORECARDS.—The budgetary 2 effects of this division and division P hall not be entered 3 on any PAYGO scorecard maintained for purposes of sec4 tion 201 of S. Con. Res. 21 (110th Congress). 5 (c) CLASSIFICATION OF BUDGETARY EFFECTS.— 6 Notwithstanding Rule 3 of the Budget Scorekeeping 7 Guidelines set forth in the joint explanatory statement of 8 the committee of conference accompanying Conference Re9 port 105-217 and section 250(c)(8) of the Balanced Budg10 et and Emergency Deficit Control Act of 1985, the budg11 etary effects of this division and division P shall not be 12 estimated— 13 (1) for purposes of section 251 of the such Act; 14 and 15 (2) for purposes of paragraph (4)(C) of section 16 3 of the Statutory Pay-As-You-Go Act of 2010 as 17 being included in an appropriation Act. 18 SEC. 1002. AUTHORITY TO MAKE ADJUSTMENT IN FY 2016 19 20 ALLOCATION. (a) IN GENERAL.—After the date of enactment of 21 this Act, the chair of the Committee on the Budget of the 22 House of Representatives may revise appropriate alloca23 tions, aggregates, and levels established by Senate Concur24 rent Resolution 11 (114th Congress) to achieve consist25 ency with the Bipartisan Budget Act of 2015. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1996 1 (b) EXERCISE OF RULEMAKING POWERS.—The 2 House adopts the provisions of this section— 3 (1) as an exercise of the rulemaking power of 4 the House of Representatives and as such they shall 5 be considered as part of the rules of the House of 6 Representatives, and these rules shall supersede 7 other rules only to the extent that they are incon- 8 sistent with other such rules; and 9 (2) with full recognition of the constitutional 10 right of the House of Representatives to change 11 those rules at any time, in the same manner, and to 12 the same extent as in the case of any other rule of 13 the House of Representatives. 14 SEC. 1003. ESTIMATES. 15 Section 251(a)(7)(B) of the Balanced Budget and 16 Emergency Deficit Control Act of 1985 (2 U.S.C. 17 901(a)(7)(B)) is amended in the first sentence by striking 18 ‘‘the CBO estimate of that legislation, an OMB estimate 19 of the amount of discretionary new budget authority and 20 outlays’’ and inserting ‘‘both the CBO and OMB estimates 21 of the amount of discretionary new budget authority’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1997 TITLE XI—IRAQ LOAN AUTHORITY 1 2 3 SEC. 1101. IRAQ LOAN AUTHORITY. 4 (a) AUTHORITY.—During fiscal year 2016, direct 5 loans under section 23 of the Arms Export Control Act 6 may be made available for Iraq, gross obligations for the 7 principal amounts of which shall not exceed 8 $2,700,000,000: Provided, That funds appropriated under 9 the heading ‘‘Foreign Military Financing Program’’ in 10 title VIII of the Department of State, Foreign Operations 11 and Related Programs Appropriations Act, 2016 that are 12 designated by the Congress for Overseas Contingency Op13 erations/Global War on Terrorism pursuant to section 14 251(b)(2)(A) of the Balanced Budget and Emergency 15 Deficit Control Act of 1985, may be made available for 16 the costs, as defined in section 502 of the Congressional 17 Budget Act of 1974, of direct loans, except that such 18 funds may not be derived from amounts specifically des19 ignated by such Acts for countries other than Iraq: Pro20 vided further, That such costs, including the cost of modi21 fying such loans, shall be as defined in section 502 of the 22 Congressional Budget Act of 1974, and may include the 23 costs of selling, reducing, or cancelling any amounts owed 24 to the United States or any agency of the United States 25 by Iraq: Provided further, That the Government of the December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1998 1 United States may charge fees for such loans, which shall 2 be collected from borrowers in accordance with section 3 502(7) of the Congressional Budget Act of 1974: Provided 4 further, That no funds made available to Iraq by the De5 partment of State, Foreign Operations, and Related Pro6 grams Appropriations Act, 2016 or previous appropria7 tions Acts may be used for payment of any fees associated 8 with such loans: Provided further, That applicable provi9 sions of section 3 of the Arms Export Control Act relating 10 to restrictions on transfers, re-transfers and end-use shall 11 apply to defense articles and services purchased with such 12 loans: Provided further, That, in consultation with the 13 Government of Iraq, special emphasis shall be placed on 14 assistance to covered groups (as defined in section 15 1223(e)(2)(D) of Public Law 114–92) with the loans 16 made available pursuant to this paragraph: Provided fur17 ther, That such loans shall be repaid in not more than 18 12 years, including a grace period of up to 1 year on re19 payment of principal. 20 (b) CONSULTATION AND NOTIFICATION.—Funds 21 made available pursuant to this section shall be subject 22 to prior consultation with the appropriate congressional 23 committees, and subject to the regular notification proce24 dures of the Committees on Appropriations. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 1999 1 (c) COMMITTEES.—For the purposes of this section, 2 the terms ‘‘appropriate congressional committees’’ and 3 ‘‘Committees on Appropriations’’ have the same meaning 4 as used in the Department of State, Foreign Operations 5 and Related Programs Appropriations Act, 2016. 6 (d) BUDGETARY EFFECTS.—Section 1001 of title X 7 of this division shall not apply to this section. DIVISION P—TAX-RELATED PROVISIONS 8 9 10 SEC. 1. TABLE OF CONTENTS. 11 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. Sec. Sec. Sec. 301. 302. 303. 304. Extension and phaseout of credits for wind facilities. Extension of election to treat qualified facilities as energy property. Extension and phaseout of solar energy credit. 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. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 2000 4 TITLE I—HIGH COST EMPLOYERSPONSORED HEALTH COVERAGE EXCISE TAX PROVISIONS 5 SEC. 101. DELAY OF EXCISE TAX ON HIGH COST EMPLOYER- 6 SPONSORED HEALTH COVERAGE. 1 2 3 7 (a) IN GENERAL.—Sections 9001(c) and 10901(c) of 8 the Patient Protection and Affordable Care Act, as 9 amended by section 1401(b) of the Health Care and Edu10 cation Reconciliation Act of 2010, are each amended by 11 striking ‘‘2017’’ and inserting ‘‘2019’’. 12 (b) CONFORMING AMENDMENT.—Clause (v) of sec- 13 tion 4980I(b)(3)(C) of the Internal Revenue Code of 1986 14 is amended— 15 (1) by striking ‘‘as in effect’’ and inserting ‘‘as 16 determined for’’, and 17 (2) by striking ‘‘as so in effect’’ and inserting 18 19 ‘‘as so determined’’. SEC. 102. DEDUCTIBILITY OF EXCISE TAX ON HIGH COST 20 21 EMPLOYER-SPONSORED HEALTH COVERAGE. Paragraph (10) of section 4980I(f) of the Internal 22 Revenue Code of 1986 is amended to read as follows: 23 ‘‘(10) DEDUCTIBILITY OF TAX.—Section 24 275(a)(6) shall not apply to the tax imposed by sub- 25 section (a).’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 2001 1 SEC. 103. STUDY ON SUITABLE BENCHMARKS FOR AGE AND 2 GENDER ADJUSTMENT OF EXCISE TAX ON 3 HIGH COST EMPLOYER-SPONSORED HEALTH 4 COVERAGE. 5 Not later than 18 months after the date of the enact- 6 ment of this Act, the Comptroller General of the United 7 States, in consultation with the National Association of 8 Insurance Commissioners, shall report to the Committee 9 on Finance of the Senate and the Committee on Ways and 10 Means of the House of Representatives on— 11 (1) the suitability of the use (in effect under 12 section 4980I(b)(3)(C)(iii)(II) of the Internal Rev- 13 enue Code of 1986 as of the date of the enactment 14 of this Act) of the premium cost of the Blue Cross/ 15 Blue Shield standard benefit option under the Fed- 16 eral Employees Health Benefits Plan as a bench- 17 mark for the age and gender adjustment of the ap- 18 plicable dollar limit with respect to the excise tax on 19 high cost employer-sponsored health coverage under 20 section 4980I of the Internal Revenue Code of 1986; 21 and 22 (2) recommendations regarding any more suit- 23 able benchmarks for such age and gender adjust- 24 ment. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 2002 3 TITLE II—ANNUAL FEE ON HEALTH INSURANCE PROVIDERS 4 SEC. 201. MORATORIUM ON ANNUAL FEE ON HEALTH IN- 1 2 5 SURANCE PROVIDERS. 6 Subsection (j) of section 9010 of the Patient Protec- 7 tion and Affordable Care Act is amended to read as fol8 lows: 9 ‘‘(j) EFFECTIVE DATE.—This section shall apply to 10 calendar years— 11 ‘‘(1) beginning after December 31, 2013, and 12 ending before January 1, 2017, and 13 ‘‘(2) beginning after December 31, 2017.’’. 15 TITLE III—MISCELLANEOUS PROVISIONS 16 SEC. 301. EXTENSION AND PHASEOUT OF CREDITS FOR 14 17 18 WIND FACILITIES. (a) IN GENERAL.— 19 (1) EXTENSION.—Paragraph (1) of section 20 45(d) of the Internal Revenue Code of 1986 is 21 amended by striking ‘‘January 1, 2015’’ and insert- 22 ing ‘‘January 1, 2020’’. 23 (2) PHASEOUT.—Subsection (b) of section 45 24 of such Code is amended by adding at the end the 25 following new paragraph: December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 2003 1 ‘‘(5) PHASEOUT OF CREDIT FOR WIND FACILI- 2 TIES.—In 3 produce electricity, the amount of the credit deter- 4 mined under subsection (a) (determined after the 5 application of paragraphs (1), (2), and (3) and with- 6 out regard to this paragraph) shall be reduced by— 7 ‘‘(A) in the case of any facility the con- 8 struction of which begins after December 31, 9 2016, and before January 1, 2018, 20 percent, 10 ‘‘(B) in the case of any facility the con- 11 struction of which begins after December 31, 12 2017, and before January 1, 2019, 40 percent, 13 and the case of any facility using wind to 14 ‘‘(C) in the case of any facility the con- 15 struction of which begins after December 31, 16 2018, and before January 1, 2020, 60 per- 17 cent.’’. 18 (b) EFFECTIVE DATE.—The amendments made by 19 this section shall take effect on January 1, 2015. 20 SEC. 302. EXTENSION OF ELECTION TO TREAT QUALIFIED 21 22 FACILITIES AS ENERGY PROPERTY. (a) IN GENERAL.—Clause (ii) of section 48(a)(5)(C) 23 is amended by inserting ‘‘(January 1, 2020, in the case 24 of any facility which is described in paragraph (1) of sec25 tion 45(d))’’ before ‘‘, and’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 2004 1 (b) PHASEOUT FOR WIND FACILITIES.—Paragraph 2 (5) of section 48(a) is amended by adding at the end the 3 following new subparagraph: 4 ‘‘(E) PHASEOUT OF CREDIT FOR WIND FA- 5 CILITIES.—In 6 wind to produce electricity, the amount of the 7 credit determined under this section (deter- 8 mined after the application of paragraphs (1) 9 and (2) and without regard to this subpara- 10 the case of any facility using graph) shall be reduced by— 11 ‘‘(i) in the case of any facility the con- 12 struction of which begins after December 13 31, 2016, and before January 1, 2018, 20 14 percent, 15 ‘‘(ii) in the case of any facility the 16 construction of which begins after Decem- 17 ber 31, 2017, and before January 1, 2019, 18 40 percent, and 19 ‘‘(iii) in the case of any facility the 20 construction of which begins after Decem- 21 ber 31, 2018, and before January 1, 2020, 22 60 percent.’’. 23 (c) EFFECTIVE DATE.—The amendments made by 24 this section shall take effect on January 1, 2015. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 2005 1 SEC. 303. EXTENSION AND PHASEOUT OF SOLAR ENERGY 2 3 CREDIT. (a) EXTENSION.—Subclause (II) of section 4 48(a)(2)(A)(i) of the Internal Revenue Code of 1986 is 5 amended by striking ‘‘periods ending before January 1, 6 2017’’ and inserting ‘‘property the construction of which 7 begins before January 1, 2022’’. 8 (b) PHASEOUT FOR SOLAR ENERGY PROPERTY.— 9 Subsection (a) of section 48 of such Code is amended by 10 adding at the end the following new paragraph: 11 12 13 ‘‘(6) PHASEOUT FOR SOLAR ENERGY PROP- ERTY.— ‘‘(A) IN GENERAL.—Subject to subpara- 14 graph (B), in the case of any energy property 15 described in paragraph (3)(A)(i) the construc- 16 tion of which begins before January 1, 2022, 17 the energy percentage determined under para- 18 graph (2) shall be equal to— 19 ‘‘(i) in the case of any property the 20 construction of which begins after Decem- 21 ber 31, 2019, and before January 1, 2021, 22 26 percent, and 23 ‘‘(ii) in the case of any property the 24 construction of which begins after Decem- 25 ber 31, 2020, and before January 1, 2022, 26 22 percent. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 2006 1 ‘‘(B) PLACED IN SERVICE DEADLINE.—In 2 the case of any property energy property de- 3 scribed in paragraph (3)(A)(i) the construction 4 of which begins before January 1, 2022, and 5 which is not placed in service before January 1, 6 2024, the energy percentage determined under 7 paragraph (2) shall be equal to 10 percent.’’. 8 (c) CONFORMING AMENDMENT.—Subparagraph (A) 9 of section 48(a)(2) of such Code is amended by striking 10 ‘‘The energy percentage’’ and inserting ‘‘Except as pro11 vided in paragraph (6), the energy percentage’’. 12 (d) EFFECTIVE DATE.—The amendments made by 13 this section shall take effect on the date of the enactment 14 of this Act. 15 SEC. 304. EXTENSION AND PHASEOUT OF CREDITS WITH 16 RESPECT TO QUALIFIED SOLAR ELECTRIC 17 PROPERTY AND QUALIFIED SOLAR WATER 18 HEATING PROPERTY. 19 (a) IN GENERAL.—Section 25D of the Internal Rev- 20 enue Code of 1986 is amended— 21 (1) in paragraphs (1) and (2) of subsection (a), 22 by striking ‘‘30 percent’’ each place it appears and 23 inserting ‘‘the applicable percentage’’, 24 (2) in subsection (g), by inserting ‘‘(December 25 31, 2021, in the case of any qualified solar electric December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 2007 1 property expenditures and qualified solar water heat- 2 ing property expenditures)’’ before the period at the 3 end, 4 5 6 (3) by redesignating subsection (g), as amended by paragraph (2), as subsection (h), and (4) by inserting after subsection (f) the fol- 7 lowing new subsection: 8 ‘‘(g) APPLICABLE PERCENTAGE.—For purposes of 9 paragraphs (1) and (2) of subsection (a), the applicable 10 percentage shall be— 11 ‘‘(1) in the case of property placed in service 12 after December 31, 2016, and before January 1, 13 2020, 30 percent, 14 ‘‘(2) in the case of property placed in service 15 after December 31, 2019, and before January 1, 16 2021, 26 percent, and 17 ‘‘(3) in the case of property placed in service 18 after December 31, 2020, and before January 1, 19 2022, 22 percent.’’. 20 (b) EFFECTIVE DATE.—The amendments made by 21 this section shall take effect on January 1, 2017. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 2008 1 SEC. 305. TREATMENT OF TRANSPORTATION COSTS OF 2 3 INDEPENDENT REFINERS. (a) IN GENERAL.—Paragraph (3) of section 199(c) 4 of the Internal Revenue Code of 1986 is amended by add5 ing at the end the following new subparagraph: 6 7 8 ‘‘(C) TRANSPORTATION COSTS OF INDE- PENDENT REFINERS.— ‘‘(i) IN GENERAL.—In the case of any 9 taxpayer who is in the trade or business of 10 refining crude oil and who is not a major 11 integrated oil company (as defined in sec- 12 tion 167(h)(5)(B), determined without re- 13 gard to clause (iii) thereof) for the taxable 14 year, in computing oil related qualified 15 production activities income under sub- 16 section (d)(9)(B), the amount allocated to 17 domestic production gross receipts under 18 paragraph (1)(B) for costs related to the 19 transportation of oil shall be 25 percent of 20 the amount properly allocable under such 21 paragraph (determined without regard to 22 this subparagraph). 23 ‘‘(ii) TERMINATION.—Clause (i) shall 24 not apply to any taxable year beginning 25 after December 31, 2021.’’. December 16, 2015 (1:04 a.m.) U:\2016REPT\OMNI\FinalOmni\CPRT-114-HPRT-RU00-SAHR2029-AMNT1.xml 2009 1 (b) EFFECTIVE DATE.—The amendment made by 2 this section shall apply to taxable years beginning after 3 December 31, 2015. ◊ December 16, 2015 (1:04 a.m.)