PUBLIC LAW 114–113—DEC. 18, 2015 

CONSOLIDATED APPROPRIATIONS ACT, 2016 


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129 STAT. 2242 PUBLIC LAW 114–113—DEC. 18, 2015 

Public Law 114–113 

114th Congress 

An Act 

Making appropriations for military construction, the Department of Veterans Affairs, 

and related agencies for the fiscal year ending September 30, 2016, and for 

other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Consolidated Appropriations 

Act, 2016’’. 

SEC. 2. TABLE OF CONTENTS. 

The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Explanatory statement. 

Sec. 5. Statement of appropriations. 

Sec. 6. Availability of funds. 

Sec. 7. Technical allowance for estimating differences. 

Sec. 8. Corrections. 

Sec. 9. Adjustments to compensation. 

DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 

ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016 

Title I—Agricultural Programs 

Title II—Conservation Programs 

Title III—Rural Development Programs 

Title IV—Domestic Food Programs 

Title V—Foreign Assistance and Related Programs 

Title VI—Related Agencies and Food and Drug Administration 

Title VII—General Provisions 

DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES 

APPROPRIATIONS ACT, 2016 

Title I—Department of Commerce 

Title II—Department of Justice 

Title III—Science 

Title IV—Related Agencies 

Title V—General Provisions 

DIVISION C—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2016 

Title I—Military Personnel 

Title II—Operation and Maintenance 

Title III—Procurement 

Title IV—Research, Development, Test and Evaluation 

Title V—Revolving and Management Funds 

Title VI—Other Department of Defense Programs 

Title VII—Related Agencies 

Title VIII—General Provisions 

Title IX—Overseas Contingency Operations/Global War on Terrorism 

Consolidated 

Appropriations 

Act, 2016. 

Dec. 18, 2015 

[H.R. 2029] 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2243 

DIVISION D—ENERGY AND WATER DEVELOPMENT AND RELATED 

AGENCIES APPROPRIATIONS ACT, 2016 

Title I—Corps of Engineers—Civil 

Title II—Department of the Interior 

Title III—Department of Energy 

Title IV—Independent Agencies 

Title V—General Provisions 

DIVISION E—FINANCIAL SERVICES AND GENERAL GOVERNMENT 

APPROPRIATIONS ACT, 2016 

Title I—Department of the Treasury 

Title II—Executive Office of the President and Funds Appropriated to the President 

Title III—The Judiciary 

Title IV—District of Columbia 

Title V—Independent Agencies 

Title VI—General Provisions—This Act 

Title VII—General Provisions—Government-wide 

Title VIII—General Provisions—District of Columbia 

DIVISION F—DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS 

ACT, 2016 

Title I—Departmental Management and Operations 

Title II—Security, Enforcement, and Investigations 

Title III—Protection, Preparedness, Response, and Recovery 

Title IV—Research, Development, Training, and Services 

Title V—General Provisions 

DIVISION G—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2016 

Title I—Department of the Interior 

Title II—Environmental Protection Agency 

Title III—Related Agencies 

Title IV—General Provisions 

DIVISION H—DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, 

AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016 

Title I—Department of Labor 

Title II—Department of Health and Human Services 

Title III—Department of Education 

Title IV—Related Agencies 

Title V—General Provisions 

DIVISION I—LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2016 

Title I—Legislative Branch 

Title II—General Provisions 

DIVISION J—MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2016 

Title I—Department of Defense 

Title II—Department of Veterans Affairs 

Title III—Related Agencies 

Title IV—General Provisions 

DIVISION K—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND 

RELATED PROGRAMS APPROPRIATIONS ACT, 2016 

Title I—Department of State and Related Agency 

Title II—United States Agency for International Development 

Title III—Bilateral Economic Assistance 

Title IV—International Security Assistance 

Title V—Multilateral Assistance 

Title VI—Export and Investment Assistance 

Title VII—General Provisions 

Title VIII—Overseas Contingency Operations/Global War on Terrorism 

Title IX—Other Matters 

DIVISION L—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, 

AND RELATED AGENCIES APPROPRIATIONS ACT, 2016 

Title I—Department of Transportation 


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129 STAT. 2244 PUBLIC LAW 114–113—DEC. 18, 2015 

Title II—Department of Housing and Urban Development 

Title III—Related Agencies 

Title IV—General Provisions—This Act 

DIVISION M—INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2016 

DIVISION N—CYBERSECURITY ACT OF 2015 

DIVISION O—OTHER MATTERS 

DIVISION P—TAX-RELATED PROVISIONS 

DIVISION Q—PROTECTING AMERICANS FROM TAX HIKES ACT OF 2015 

SEC. 3. REFERENCES. 

Except as expressly provided otherwise, any reference to ‘‘this 

Act’’ contained in any division of this Act shall be treated as 

referring only to the provisions of that division. 

SEC. 4. EXPLANATORY STATEMENT. 

The explanatory statement regarding this Act, printed in the 

House of Representatives section of the Congressional Record on 

or about December 17, 2015 by the Chairman of the Committee 

on Appropriations of the House, shall have the same effect with 

respect to the allocation of funds and implementation of divisions 

A through L of this Act as if it were a joint explanatory statement 

of a committee of conference. 

SEC. 5. STATEMENT OF APPROPRIATIONS. 

The following sums in this Act are appropriated, out of any 

money in the Treasury not otherwise appropriated, for the fiscal 

year ending September 30, 2016. 

SEC. 6. AVAILABILITY OF FUNDS. 

Each amount designated in this Act by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant 

to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

Deficit Control Act of 1985 shall be available (or rescinded, if 

applicable) only if the President subsequently so designates all 

such amounts and transmits such designations to the Congress. 

SEC. 7. TECHNICAL ALLOWANCE FOR ESTIMATING DIFFERENCES. 

If, for fiscal year 2016, new budget authority provided in appropriations Acts exceeds the discretionary spending limit for any 

category set forth in section 251(c) of the Balanced Budget and 

Emergency Deficit Control Act of 1985 due to estimating differences 

with the Congressional Budget Office, an adjustment to the discretionary spending limit in such category for fiscal year 2016 shall 

be made by the Director of the Office of Management and Budget 

in the amount of the excess but the total of all such adjustments 

shall not exceed 0.2 percent of the sum of the adjusted discretionary 

spending limits for all categories for that fiscal year. 

SEC. 8. CORRECTIONS. 

The Continuing Appropriations Act, 2016 (Public Law 114– 

53) is amended— 

(1) by changing the long title so as to read: ‘‘Making continuing appropriations for the fiscal year ending September 

30, 2016, and for other purposes.’’; 

(2) by inserting after the enacting clause (before section 

1) the following: ‘‘DIVISION A—TSA OFFICE OF INSPECTION ACCOUNTABILITY ACT OF 2015’’; 

1 USC 1 note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2245 

(3) by inserting after section 8 (before the statement of 

appropriations) the following: ‘‘DIVISION B—CONTINUING 

APPROPRIATIONS RESOLUTION, 2016’’; and 

(4) by inserting after section 150 (before the short title) 

the following new section: ‘‘SEC. 151. Except as expressly provided otherwise, any reference in this division to ‘this Act’ 

shall be treated as referring only to the provisions of this 

division.’’. 

SEC. 9. ADJUSTMENTS TO COMPENSATION. 

Notwithstanding any other provision of law, no adjustment 

shall be made under section 601(a) of the Legislative Reorganization 

Act of 1946 (2 U.S.C. 4501) (relating to cost of living adjustments 

for Members of Congress) during fiscal year 2016. 

DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, 

FOOD AND DRUG ADMINISTRATION, AND RELATED 

AGENCIES APPROPRIATIONS ACT, 2016 

TITLE I 

AGRICULTURAL PROGRAMS 

PRODUCTION, PROCESSING, AND MARKETING

OFFICE OF THE SECRETARY

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Office of the Secretary, 

$45,555,000, of which not to exceed $5,051,000 shall be available 

for the immediate Office of the Secretary, of which not to exceed 

$250,000 shall be available for the Military Veterans Agricultural 

Liaison; not to exceed $502,000 shall be available for the Office 

of Tribal Relations; not to exceed $1,496,000 shall be available 

for the Office of Homeland Security and Emergency Coordination; 

not to exceed $1,209,000 shall be available for the Office of Advocacy 

and Outreach; not to exceed $25,928,000 shall be available for 

the Office of the Assistant Secretary for Administration, of which 

$25,124,000 shall be available for Departmental Administration 

to provide for necessary expenses for management support services 

to offices of the Department and for general administration, security, repairs and alterations, and other miscellaneous supplies and 

expenses not otherwise provided for and necessary for the practical 

and efficient work of the Department; not to exceed $3,869,000 

shall be available for the Office of Assistant Secretary for Congressional Relations to carry out the programs funded by this Act, 

including programs involving intergovernmental affairs and liaison 

within the executive branch; and not to exceed $7,500,000 shall 

be available for the Office of Communications: Provided, That the 

Secretary of Agriculture is authorized to transfer funds appropriated 

for any office of the Office of the Secretary to any other office 

of the Office of the Secretary: Provided further, That no appropriation for any office shall be increased or decreased by more than 

5 percent: Provided further, That not to exceed $11,000 of the 

amount made available under this paragraph for the immediate 

Office of the Secretary shall be available for official reception and 

representation expenses, not otherwise provided for, as determined 

Agriculture, 

Rural 

Development, 

Food and Drug 

Administration, 

and Related 

Agencies 

Appropriations 

Act, 2016. 

2 USC 4501 note. 

16 USC 6809. 

20 USC 7801 

note. 


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129 STAT. 2246 PUBLIC LAW 114–113—DEC. 18, 2015 

by the Secretary: Provided further, That the amount made available 

under this heading for Departmental Administration shall be 

reimbursed from applicable appropriations in this Act for travel 

expenses incident to the holding of hearings as required by 5 

U.S.C. 551–558: Provided further, That funds made available under 

this heading for the Office of the Assistant Secretary for Congressional Relations may be transferred to agencies of the Department 

of Agriculture funded by this Act to maintain personnel at the 

agency level: Provided further, That no funds made available under 

this heading for the Office of Assistant Secretary for Congressional 

Relations may be obligated after 30 days from the date of enactment 

of this Act, unless the Secretary has notified the Committees on 

Appropriations of both Houses of Congress on the allocation of 

these funds by USDA agency: Provided further, That within 180 

days of the date of enactment of this Act, the Secretary shall 

submit to Congress the report required in section 7 U.S.C. 

6935(b)(3). 

EXECUTIVE OPERATIONS

OFFICE OF THE CHIEF ECONOMIST

For necessary expenses of the Office of the Chief Economist, 

$17,777,000, of which $4,000,000 shall be for grants or cooperative 

agreements for policy research under 7 U.S.C. 3155, and of which 

$1,000,000, to remain available until September 30, 2017, shall 

be for the purpose set forth under this heading in the explanatory 

statement described in section 4 (in the matter preceding division 

A of the consolidated Act). 

NATIONAL APPEALS DIVISION

For necessary expenses of the National Appeals Division, 

$13,317,000. 

OFFICE OF BUDGET AND PROGRAM ANALYSIS

For necessary expenses of the Office of Budget and Program 

Analysis, $9,392,000. 

OFFICE OF THE CHIEF INFORMATION OFFICER

For necessary expenses of the Office of the Chief Information 

Officer, $44,538,000, of which not less than $28,000,000 is for 

cybersecurity requirements of the Department. 

OFFICE OF THE CHIEF FINANCIAL OFFICER

For necessary expenses of the Office of the Chief Financial 

Officer, $6,028,000. 

OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL RIGHTS

For necessary expenses of the Office of the Assistant Secretary 

for Civil Rights, $898,000. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2247 

OFFICE OF CIVIL RIGHTS

For necessary expenses of the Office of Civil Rights, 

$24,070,000. 

AGRICULTURE BUILDINGS AND FACILITIES

(INCLUDING TRANSFERS OF FUNDS)

For payment of space rental and related costs pursuant to 

Public Law 92–313, including authorities pursuant to the 1984 

delegation of authority from the Administrator of General Services 

to the Department of Agriculture under 40 U.S.C. 121, for programs 

and activities of the Department which are included in this Act, 

and for alterations and other actions needed for the Department 

and its agencies to consolidate unneeded space into configurations 

suitable for release to the Administrator of General Services, and 

for the operation, maintenance, improvement, and repair of Agriculture buildings and facilities, and for related costs, $64,189,000, 

to remain available until expended, for buildings operations and 

maintenance expenses: Provided, That the Secretary may use 

unobligated prior year balances of an agency or office that are 

no longer available for new obligation to cover shortfalls incurred 

in prior or current year rental payments for such agency or office. 

HAZARDOUS MATERIALS MANAGEMENT

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Department of Agriculture, to 

comply with the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and the 

Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), 

$3,618,000, to remain available until expended: Provided, That 

appropriations and funds available herein to the Department for 

Hazardous Materials Management may be transferred to any 

agency of the Department for its use in meeting all requirements 

pursuant to the above Acts on Federal and non-Federal lands. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General, 

including employment pursuant to the Inspector General Act of 

1978, $95,738,000, including such sums as may be necessary for 

contracting and other arrangements with public agencies and private persons pursuant to section 6(a)(9) of the Inspector General 

Act of 1978, and including not to exceed $125,000 for certain confidential operational expenses, including the payment of informants, 

to be expended under the direction of the Inspector General pursuant to Public Law 95–452 and section 1337 of Public Law 97– 

98. 

OFFICE OF THE GENERAL COUNSEL

For necessary expenses of the Office of the General Counsel, 

$44,383,000. 


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129 STAT. 2248 PUBLIC LAW 114–113—DEC. 18, 2015 

OFFICE OF ETHICS

For necessary expenses of the Office of Ethics, $3,654,000. 

OFFICE OF THE UNDER SECRETARY FOR RESEARCH, EDUCATION, AND

ECONOMICS

For necessary expenses of the Office of the Under Secretary for Research, Education, and Economics, $893,000. 

ECONOMIC RESEARCH SERVICE

For necessary expenses of the Economic Research Service, $85,373,000. 

NATIONAL AGRICULTURAL STATISTICS SERVICE

For necessary expenses of the National Agricultural Statistics 

Service, $168,443,000, of which up to $42,177,000 shall be available 

until expended for the Census of Agriculture: Provided, That 

amounts made available for the Census of Agriculture may be 

used to conduct Current Industrial Report surveys subject to 7 

U.S.C. 2204g(d) and (f). 

AGRICULTURAL RESEARCH SERVICE

SALARIES AND EXPENSES

For necessary expenses of the Agricultural Research Service 

and for acquisition of lands by donation, exchange, or purchase 

at a nominal cost not to exceed $100, and for land exchanges 

where the lands exchanged shall be of equal value or shall be 

equalized by a payment of money to the grantor which shall not 

exceed 25 percent of the total value of the land or interests transferred out of Federal ownership, $1,143,825,000: Provided, That 

appropriations hereunder shall be available for the operation and 

maintenance of aircraft and the purchase of not to exceed one 

for replacement only: Provided further, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for the construction, alteration, and repair of buildings and improvements, but 

unless otherwise provided, the cost of constructing any one building 

shall not exceed $375,000, except for headhouses or greenhouses 

which shall each be limited to $1,200,000, and except for 10 

buildings to be constructed or improved at a cost not to exceed 

$750,000 each, and the cost of altering any one building during 

the fiscal year shall not exceed 10 percent of the current replacement value of the building or $375,000, whichever is greater: Provided further, That the limitations on alterations contained in this 

Act shall not apply to modernization or replacement of existing 

facilities at Beltsville, Maryland: Provided further, That appropriations hereunder shall be available for granting easements at the 

Beltsville Agricultural Research Center: Provided further, That the 

foregoing limitations shall not apply to replacement of buildings 

needed to carry out the Act of April 24, 1948 (21 U.S.C. 113a): 

Provided further, That appropriations hereunder shall be available 

for granting easements at any Agricultural Research Service location for the construction of a research facility by a non-Federal 

entity for use by, and acceptable to, the Agricultural Research 

7 USC 2254. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2249 

Service and a condition of the easements shall be that upon completion the facility shall be accepted by the Secretary, subject to 

the availability of funds herein, if the Secretary finds that acceptance of the facility is in the interest of the United States: Provided 

further, That funds may be received from any State, other political 

subdivision, organization, or individual for the purpose of establishing or operating any research facility or research project of 

the Agricultural Research Service, as authorized by law: Provided 

further, That of the appropriations hereunder, $57,192,000 may 

not be obligated until 30 days after the Secretary of Agriculture 

certifies in writing to the Committees on Appropriations of both 

Houses of Congress that the Agricultural Research Service has 

updated its animal care policies and that all Agricultural Research 

Service research facilities at which animal research is conducted 

have a fully functioning Institutional Animal Care and Use Committee, including all appropriate and necessary record keeping: 

Provided further, That such certification shall set forth in detail 

the factual basis for the certification and the Department’s plan 

for ensuring these changes are maintained in the future: Provided 

further, That such certification shall be subject to prior consultation 

with the Committees on Appropriations of both Houses of Congress. 

BUILDINGS AND FACILITIES

For the acquisition of land, construction, repair, improvement, 

extension, alteration, and purchase of fixed equipment or facilities 

as necessary to carry out the agricultural research programs of 

the Department of Agriculture, where not otherwise provided, 

$212,101,000 to remain available until expended. 

NATIONAL INSTITUTE OF FOOD AND AGRICULTURE

RESEARCH AND EDUCATION ACTIVITIES

For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other 

expenses, $819,685,000, which shall be for the purposes, and in 

the amounts, specified in the table titled ‘‘National Institute of 

Food and Agriculture, Research and Education Activities’’ in the 

explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That funds 

for research grants for 1994 institutions, education grants for 1890 

institutions, capacity building for non-land-grant colleges of agriculture, the agriculture and food research initiative, veterinary 

medicine loan repayment, multicultural scholars, graduate fellowship and institution challenge grants, and grants management systems shall remain available until expended: Provided further, That 

each institution eligible to receive funds under the Evans-Allen 

program receives no less than $1,000,000: Provided further, That 

funds for education grants for Alaska Native and Native Hawaiianserving institutions be made available to individual eligible institutions or consortia of eligible institutions with funds awarded equally 

to each of the States of Alaska and Hawaii: Provided further, 

That funds for education grants for 1890 institutions shall be made 

available to institutions eligible to receive funds under 7 U.S.C. 

3221 and 3222: Provided further, That not more than 5 percent 

of the amounts made available by this or any other Act to carry 

out the Agriculture and Food Research Initiative under 7 U.S.C. 


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129 STAT. 2250 PUBLIC LAW 114–113—DEC. 18, 2015 

450i(b) may be retained by the Secretary of Agriculture to pay 

administrative costs incurred by the Secretary in carrying out that 

authority. 

NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

For the Native American Institutions Endowment Fund authorized by Public Law 103–382 (7 U.S.C. 301 note), $11,880,000, to 

remain available until expended. 

EXTENSION ACTIVITIES

For payments to States, the District of Columbia, Puerto Rico, 

Guam, the Virgin Islands, Micronesia, the Northern Marianas, and 

American Samoa, $475,891,000, which shall be for the purposes, 

and in the amounts, specified in the table titled ‘‘National Institute 

of Food and Agriculture, Extension Activities’’ in the explanatory 

statement described in section 4 (in the matter preceding division 

A of this consolidated Act): Provided, That funds for facility improvements at 1890 institutions shall remain available until expended: 

Provided further, That institutions eligible to receive funds under 

7 U.S.C. 3221 for cooperative extension receive no less than 

$1,000,000: Provided further, That funds for cooperative extension 

under sections 3(b) and (c) of the Smith-Lever Act (7 U.S.C. 343(b) 

and (c)) and section 208(c) of Public Law 93–471 shall be available 

for retirement and employees’ compensation costs for extension 

agents. 

INTEGRATED ACTIVITIES

For the integrated research, education, and extension grants 

programs, including necessary administrative expenses, 

$30,900,000, which shall be for the purposes, and in the amounts, 

specified in the table titled ‘‘National Institute of Food and Agriculture, Integrated Activities’’ in the explanatory statement 

described in section 4 (in the matter preceding division A of this 

consolidated Act): Provided, That funds for the Food and Agriculture 

Defense Initiative shall remain available until September 30, 2017: 

Provided further, That notwithstanding any other provision of law, 

indirect costs shall not be charged against any Extension 

Implementation Program Area grant awarded under the Crop 

Protection/Pest Management Program (7 U.S.C. 7626). 

OFFICE OF THE UNDER SECRETARY FOR MARKETING AND

REGULATORY PROGRAMS

For necessary expenses of the Office of the Under Secretary for Marketing and Regulatory Programs, $893,000. 

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Animal and Plant Health Inspection Service, including up to $30,000 for representation allowances 

and for expenses pursuant to the Foreign Service Act of 1980 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2251 

(22 U.S.C. 4085), $894,415,000, of which $470,000, to remain available until expended, shall be available for the control of outbreaks 

of insects, plant diseases, animal diseases and for control of pest 

animals and birds (‘‘contingency fund’’) to the extent necessary 

to meet emergency conditions; of which $11,520,000, to remain 

available until expended, shall be used for the cotton pests program 

for cost share purposes or for debt retirement for active eradication 

zones; of which $35,339,000, to remain available until expended, 

shall be for Animal Health Technical Services; of which $697,000 

shall be for activities under the authority of the Horse Protection 

Act of 1970, as amended (15 U.S.C. 1831); of which $55,340,000, 

to remain available until expended, shall be used to support avian 

health; of which $4,251,000, to remain available until expended, 

shall be for information technology infrastructure; of which 

$158,000,000, to remain available until expended, shall be for specialty crop pests; of which, $8,826,000, to remain available until 

expended, shall be for field crop and rangeland ecosystem pests; 

of which $54,000,000, to remain available until expended, shall 

be for tree and wood pests; of which $3,973,000, to remain available 

until expended, shall be for the National Veterinary Stockpile; 

of which up to $1,500,000, to remain available until expended, 

shall be for the scrapie program for indemnities; of which 

$2,500,000, to remain available until expended, shall be for the 

wildlife damage management program for aviation safety: Provided, 

That of amounts available under this heading for wildlife services 

methods development, $1,000,000 shall remain available until 

expended: Provided further, That of amounts available under this 

heading for the screwworm program, $4,990,000 shall remain available until expended: Provided further, That no funds shall be used 

to formulate or administer a brucellosis eradication program for 

the current fiscal year that does not require minimum matching 

by the States of at least 40 percent: Provided further, That this 

appropriation shall be available for the operation and maintenance 

of aircraft and the purchase of not to exceed five, of which two 

shall be for replacement only: Provided further, That in addition, 

in emergencies which threaten any segment of the agricultural 

production industry of this country, the Secretary may transfer 

from other appropriations or funds available to the agencies or 

corporations of the Department such sums as may be deemed necessary, to be available only in such emergencies for the arrest 

and eradication of contagious or infectious disease or pests of animals, poultry, or plants, and for expenses in accordance with sections 10411 and 10417 of the Animal Health Protection Act (7 

U.S.C. 8310 and 8316) and sections 431 and 442 of the Plant 

Protection Act (7 U.S.C. 7751 and 7772), and any unexpended 

balances of funds transferred for such emergency purposes in the 

preceding fiscal year shall be merged with such transferred 

amounts: Provided further, That appropriations hereunder shall 

be available pursuant to law (7 U.S.C. 2250) for the repair and 

alteration of leased buildings and improvements, but unless otherwise provided the cost of altering any one building during the 

fiscal year shall not exceed 10 percent of the current replacement 

value of the building. 

In fiscal year 2016, the agency is authorized to collect fees 

to cover the total costs of providing technical assistance, goods, 

or services requested by States, other political subdivisions, 

domestic and international organizations, foreign governments, or 


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129 STAT. 2252 PUBLIC LAW 114–113—DEC. 18, 2015 

individuals, provided that such fees are structured such that any 

entity’s liability for such fees is reasonably based on the technical 

assistance, goods, or services provided to the entity by the agency, 

and such fees shall be reimbursed to this account, to remain available until expended, without further appropriation, for providing 

such assistance, goods, or services. 

BUILDINGS AND FACILITIES

For plans, construction, repair, preventive maintenance, 

environmental support, improvement, extension, alteration, and 

purchase of fixed equipment or facilities, as authorized by 7 U.S.C. 

2250, and acquisition of land as authorized by 7 U.S.C. 428a, 

$3,175,000, to remain available until expended. 

AGRICULTURAL MARKETING SERVICE

MARKETING SERVICES

For necessary expenses of the Agricultural Marketing Service, 

$81,223,000: Provided, That this appropriation shall be available 

pursuant to law (7 U.S.C. 2250) for the alteration and repair of 

buildings and improvements, but the cost of altering any one 

building during the fiscal year shall not exceed 10 percent of the 

current replacement value of the building. 

Fees may be collected for the cost of standardization activities, 

as established by regulation pursuant to law (31 U.S.C. 9701). 

LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $60,982,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses: 

Provided, That if crop size is understated and/or other uncontrollable events occur, the agency may exceed this limitation by up 

to 10 percent with notification to the Committees on Appropriations 

of both Houses of Congress. 

FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY

(SECTION 32)

(INCLUDING TRANSFERS OF FUNDS)

Funds available under section 32 of the Act of August 24, 

1935 (7 U.S.C. 612c), shall be used only for commodity program 

expenses as authorized therein, and other related operating 

expenses, except for: (1) transfers to the Department of Commerce 

as authorized by the Fish and Wildlife Act of August 8, 1956; 

(2) transfers otherwise provided in this Act; and (3) not more 

than $20,489,000 for formulation and administration of marketing 

agreements and orders pursuant to the Agricultural Marketing 

Agreement Act of 1937 and the Agricultural Act of 1961. 

PAYMENTS TO STATES AND POSSESSIONS

For payments to departments of agriculture, bureaus and 

departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946 

(7 U.S.C. 1623(b)), $1,235,000. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2253 

GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Grain Inspection, Packers and 

Stockyards Administration, $43,057,000: Provided, That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for 

the alteration and repair of buildings and improvements, but the 

cost of altering any one building during the fiscal year shall not 

exceed 10 percent of the current replacement value of the building. 

LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES

Not to exceed $55,000,000 (from fees collected) shall be obligated during the current fiscal year for inspection and weighing 

services: Provided, That if grain export activities require additional 

supervision and oversight, or other uncontrollable factors occur, 

this limitation may be exceeded by up to 10 percent with notification 

to the Committees on Appropriations of both Houses of Congress. 

OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

For necessary expenses of the Office of the Under Secretary 

for Food Safety, $816,000. 

FOOD SAFETY AND INSPECTION SERVICE

For necessary expenses to carry out services authorized by 

the Federal Meat Inspection Act, the Poultry Products Inspection 

Act, and the Egg Products Inspection Act, including not to exceed 

$50,000 for representation allowances and for expenses pursuant 

to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766), 

$1,014,871,000; and in addition, $1,000,000 may be credited to 

this account from fees collected for the cost of laboratory accreditation as authorized by section 1327 of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C. 138f): Provided, That 

funds provided for the Public Health Data Communication Infrastructure system shall remain available until expended: Provided 

further, That no fewer than 148 full-time equivalent positions shall 

be employed during fiscal year 2016 for purposes dedicated solely 

to inspections and enforcement related to the Humane Methods 

of Slaughter Act: Provided further, That the Food Safety and Inspection Service shall continue implementation of section 11016 of 

Public Law 110–246 as further clarified by the amendments made 

in section 12106 of Public Law 113–79: Provided further, That 

this appropriation shall be available pursuant to law (7 U.S.C. 

2250) for the alteration and repair of buildings and improvements, 

but the cost of altering any one building during the fiscal year 

shall not exceed 10 percent of the current replacement value of 

the building. 

OFFICE OF THE UNDER SECRETARY FOR FARM AND FOREIGN

AGRICULTURAL SERVICES

For necessary expenses of the Office of the Under Secretary 

for Farm and Foreign Agricultural Services, $898,000. 


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129 STAT. 2254 PUBLIC LAW 114–113—DEC. 18, 2015 

FARM SERVICE AGENCY

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Farm Service Agency, 

$1,200,180,000: Provided, That not more than 50 percent of the 

$129,546,000 made available under this heading for information 

technology related to farm program delivery, including the Modernize and Innovate the Delivery of Agricultural Systems and other 

farm program delivery systems, may be obligated until the Secretary 

submits to the Committees on Appropriations of both Houses of 

Congress a plan for expenditure that (1) identifies for each project/ 

investment over $25,000 (a) the functional and performance 

capabilities to be delivered and the mission benefits to be realized, 

(b) the estimated lifecycle cost, including estimates for development 

as well as maintenance and operations, and (c) key milestones 

to be met; (2) demonstrates that each project/investment is, (a) 

consistent with the Farm Service Agency Information Technology 

Roadmap, (b) being managed in accordance with applicable lifecycle 

management policies and guidance, and (c) subject to the applicable 

Department’s capital planning and investment control requirements; and (3) has been reviewed by the Government Accountability 

Office and approved by the Committees on Appropriations of both 

Houses of Congress: Provided further, That the agency shall submit 

a report by the end of the fourth quarter of fiscal year 2016 

to the Committees on Appropriations and the Government Accountability Office, that identifies for each project/investment that is 

operational (a) current performance against key indicators of customer satisfaction, (b) current performance of service level agreements or other technical metrics, (c) current performance against 

a pre-established cost baseline, (d) a detailed breakdown of current 

and planned spending on operational enhancements or upgrades, 

and (e) an assessment of whether the investment continues to 

meet business needs as intended as well as alternatives to the 

investment: Provided further, That the Secretary is authorized to 

use the services, facilities, and authorities (but not the funds) 

of the Commodity Credit Corporation to make program payments 

for all programs administered by the Agency: Provided further, 

That other funds made available to the Agency for authorized 

activities may be advanced to and merged with this account: Provided further, That funds made available to county committees 

shall remain available until expended: Provided further, That none 

of the funds available to the Farm Service Agency shall be used 

to close Farm Service Agency county offices: Provided further, That 

none of the funds available to the Farm Service Agency shall 

be used to permanently relocate county based employees that would 

result in an office with two or fewer employees without prior 

notification and approval of the Committees on Appropriations of 

both Houses of Congress. 

STATE MEDIATION GRANTS

For grants pursuant to section 502(b) of the Agricultural Credit 

Act of 1987, as amended (7 U.S.C. 5101–5106), $3,404,000. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2255 

GRASSROOTS SOURCE WATER PROTECTION PROGRAM

For necessary expenses to carry out wellhead or groundwater 

protection activities under section 1240O of the Food Security Act 

of 1985 (16 U.S.C. 3839bb–2), $6,500,000, to remain available until 

expended. 

DAIRY INDEMNITY PROGRAM

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses involved in making indemnity payments 

to dairy farmers and manufacturers of dairy products under a 

dairy indemnity program, such sums as may be necessary, to remain 

available until expended: Provided, That such program is carried 

out by the Secretary in the same manner as the dairy indemnity 

program described in the Agriculture, Rural Development, Food 

and Drug Administration, and Related Agencies Appropriations 

Act, 2001 (Public Law 106–387, 114 Stat. 1549A–12). 

AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For gross obligations for the principal amount of direct and 

guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating 

(7 U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961 

et seq.), Indian tribe land acquisition loans (25 U.S.C. 488), boll 

weevil loans (7 U.S.C. 1989), guaranteed conservation loans (7 

U.S.C. 1924 et seq.), and Indian highly fractionated land loans 

(25 U.S.C. 488) to be available from funds in the Agricultural 

Credit Insurance Fund, as follows: $2,000,000,000 for guaranteed 

farm ownership loans and $1,500,000,000 for farm ownership direct 

loans; $1,393,443,000 for unsubsidized guaranteed operating loans 

and $1,252,004,000 for direct operating loans; emergency loans, 

$34,667,000; Indian tribe land acquisition loans, $2,000,000; 

guaranteed conservation loans, $150,000,000; Indian highly 

fractionated land loans, $10,000,000; and for boll weevil eradication 

program loans, $60,000,000: Provided, That the Secretary shall 

deem the pink bollworm to be a boll weevil for the purpose of 

boll weevil eradication program loans. 

For the cost of direct and guaranteed loans and grants, 

including the cost of modifying loans as defined in section 502 

of the Congressional Budget Act of 1974, as follows: farm operating 

loans, $53,961,000 for direct operating loans, $14,352,000 for unsubsidized guaranteed operating loans, and emergency loans, 

$1,262,000, to remain available until expended. 

In addition, for administrative expenses necessary to carry 

out the direct and guaranteed loan programs, $314,918,000, of 

which $306,998,000 shall be transferred to and merged with the 

appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’. 

Funds appropriated by this Act to the Agricultural Credit Insurance Program Account for farm ownership, operating and conservation direct loans and guaranteed loans may be transferred among 

these programs: Provided, That the Committees on Appropriations 

of both Houses of Congress are notified at least 15 days in advance 

of any transfer. 


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129 STAT. 2256 PUBLIC LAW 114–113—DEC. 18, 2015 

RISK MANAGEMENT AGENCY

SALARIES AND EXPENSES

For necessary expenses of the Risk Management Agency, 

$74,829,000: Provided, That not to exceed $1,000 shall be available 

for official reception and representation expenses, as authorized 

by 7 U.S.C. 1506(i). 

CORPORATIONS 

The following corporations and agencies are hereby authorized 

to make expenditures, within the limits of funds and borrowing 

authority available to each such corporation or agency and in accord 

with law, and to make contracts and commitments without regard 

to fiscal year limitations as provided by section 104 of the Government Corporation Control Act as may be necessary in carrying 

out the programs set forth in the budget for the current fiscal 

year for such corporation or agency, except as hereinafter provided. 

FEDERAL CROP INSURANCE CORPORATION FUND

For payments as authorized by section 516 of the Federal 

Crop Insurance Act (7 U.S.C. 1516), such sums as may be necessary, 

to remain available until expended. 

COMMODITY CREDIT CORPORATION FUND

REIMBURSEMENT FOR NET REALIZED LOSSES

(INCLUDING TRANSFERS OF FUNDS)

For the current fiscal year, such sums as may be necessary 

to reimburse the Commodity Credit Corporation for net realized 

losses sustained, but not previously reimbursed, pursuant to section 

2 of the Act of August 17, 1961 (15 U.S.C. 713a–11): Provided, 

That of the funds available to the Commodity Credit Corporation 

under section 11 of the Commodity Credit Corporation Charter 

Act (15 U.S.C. 714i) for the conduct of its business with the Foreign 

Agricultural Service, up to $5,000,000 may be transferred to and 

used by the Foreign Agricultural Service for information resource 

management activities of the Foreign Agricultural Service that 

are not related to Commodity Credit Corporation business. 

HAZARDOUS WASTE MANAGEMENT

(LIMITATION ON EXPENSES)

For the current fiscal year, the Commodity Credit Corporation 

shall not expend more than $5,000,000 for site investigation and 

cleanup expenses, and operations and maintenance expenses to 

comply with the requirement of section 107(g) of the Comprehensive 

Environmental Response, Compensation, and Liability Act (42 

U.S.C. 9607(g)), and section 6001 of the Resource Conservation 

and Recovery Act (42 U.S.C. 6961). 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2257 

TITLE II 

CONSERVATION PROGRAMS 

OFFICE OF THE UNDER SECRETARY FOR NATURAL RESOURCES AND

ENVIRONMENT

For necessary expenses of the Office of the Under Secretary 

for Natural Resources and Environment, $898,000. 

NATURAL RESOURCES CONSERVATION SERVICE

CONSERVATION OPERATIONS

For necessary expenses for carrying out the provisions of the 

Act of April 27, 1935 (16 U.S.C. 590a–f), including preparation 

of conservation plans and establishment of measures to conserve 

soil and water (including farm irrigation and land drainage and 

such special measures for soil and water management as may 

be necessary to prevent floods and the siltation of reservoirs and 

to control agricultural related pollutants); operation of conservation 

plant materials centers; classification and mapping of soil; dissemination of information; acquisition of lands, water, and interests 

therein for use in the plant materials program by donation, 

exchange, or purchase at a nominal cost not to exceed $100 pursuant 

to the Act of August 3, 1956 (7 U.S.C. 428a); purchase and erection 

or alteration or improvement of permanent and temporary 

buildings; and operation and maintenance of aircraft, $850,856,000, 

to remain available until September 30, 2017: Provided, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 

for construction and improvement of buildings and public improvements at plant materials centers, except that the cost of alterations 

and improvements to other buildings and other public improvements 

shall not exceed $250,000: Provided further, That when buildings 

or other structures are erected on non-Federal land, that the right 

to use such land is obtained as provided in 7 U.S.C. 2250a: Provided 

further, That of the amounts made available under this heading, 

$5,600,000, shall remain available until expended for the authorities 

under 16 U.S.C. 1001–1005 and 1007–1009 for authorized ongoing 

watershed projects with a primary purpose of providing water to 

rural communities: Provided further, That of the amounts made 

available under this heading, $5,000,000 shall remain available 

until expended for the authorities under section 13 of the Flood 

Control Act of December 22, 1944 (Public Law 78–534) for authorized ongoing projects with a primary purpose of watershed protection by stabilizing stream channels, tributaries, and banks to reduce 

erosion and sediment transport. 

WATERSHED REHABILITATION PROGRAM

Under the authorities of section 14 of the Watershed Protection 

and Flood Prevention Act, $12,000,000 is provided. 


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129 STAT. 2258 PUBLIC LAW 114–113—DEC. 18, 2015 

TITLE III 

RURAL DEVELOPMENT PROGRAMS 

OFFICE OF THE UNDER SECRETARY FOR RURAL DEVELOPMENT

For necessary expenses of the Office of the Under Secretary 

for Rural Development, $893,000. 

RURAL DEVELOPMENT

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses for carrying out the administration 

and implementation of programs in the Rural Development mission 

area, including activities with institutions concerning the development and operation of agricultural cooperatives; and for cooperative 

agreements; $225,835,000: Provided, That no less than $19,500,000 

shall be for the Comprehensive Loan Accounting System: Provided 

further, That notwithstanding any other provision of law, funds 

appropriated under this heading may be used for advertising and 

promotional activities that support the Rural Development mission 

area: Provided further, That any balances available from prior 

years for the Rural Utilities Service, Rural Housing Service, and 

the Rural Business–Cooperative Service salaries and expenses 

accounts shall be transferred to and merged with this appropriation. 

RURAL HOUSING SERVICE

RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For gross obligations for the principal amount of direct and 

guaranteed loans as authorized by title V of the Housing Act of 

1949, to be available from funds in the rural housing insurance 

fund, as follows: $900,000,000 shall be for direct loans and 

$24,000,000,000 shall be for unsubsidized guaranteed loans; 

$26,278,000 for section 504 housing repair loans; $28,398,000 for 

section 515 rental housing; $150,000,000 for section 538 guaranteed 

multi-family housing loans; $10,000,000 for credit sales of single 

family housing acquired property; $5,000,000 for section 523 selfhelp housing land development loans; and $5,000,000 for section 

524 site development loans. 

For the cost of direct and guaranteed loans, including the 

cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, as follows: section 502 loans, $60,750,000 

shall be for direct loans; section 504 housing repair loans, 

$3,424,000; and repair, rehabilitation, and new construction of section 515 rental housing, $8,414,000: Provided, That to support 

the loan program level for section 538 guaranteed loans made 

available under this heading the Secretary may charge or adjust 

any fees to cover the projected cost of such loan guarantees pursuant 

to the provisions of the Credit Reform Act of 1990 (2 U.S.C. 661 

et seq.), and the interest on such loans may not be subsidized: 


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Provided further, That applicants in communities that have a current rural area waiver under section 541 of the Housing Act of 

1949 (42 U.S.C. 1490q) shall be treated as living in a rural area 

for purposes of section 502 guaranteed loans provided under this 

heading: Provided further, That of the amounts available under 

this paragraph for section 502 direct loans, no less than $5,000,000 

shall be available for direct loans for individuals whose homes 

will be built pursuant to a program funded with a mutual and 

self-help housing grant authorized by section 523 of the Housing 

Act of 1949 until June 1, 2016. 

In addition, for the cost of direct loans, grants, and contracts, 

as authorized by 42 U.S.C. 1484 and 1486, $15,125,000, to remain 

available until expended, for direct farm labor housing loans and 

domestic farm labor housing grants and contracts: Provided, That 

any balances available for the Farm Labor Program Account shall 

be transferred to and merged with this account. 

In addition, for administrative expenses necessary to carry 

out the direct and guaranteed loan programs, $417,854,000 shall 

be transferred to and merged with the appropriation for ‘‘Rural 

Development, Salaries and Expenses’’. 

RENTAL ASSISTANCE PROGRAM

For rental assistance agreements entered into or renewed 

pursuant to the authority under section 521(a)(2) or agreements 

entered into in lieu of debt forgiveness or payments for eligible 

households as authorized by section 502(c)(5)(D) of the Housing 

Act of 1949, $1,389,695,000; and in addition such sums as may 

be necessary, as authorized by section 521(c) of the Act, to liquidate 

debt incurred prior to fiscal year 1992 to carry out the rental 

assistance program under section 521(a)(2) of the Act: Provided, 

That rental assistance agreements entered into or renewed during 

the current fiscal year shall be funded for a one-year period: Provided further, That any unexpended balances remaining at the 

end of such one-year agreements may be transferred and used 

for purposes of any debt reduction; maintenance, repair, or 

rehabilitation of any existing projects; preservation; and rental 

assistance activities authorized under title V of the Act: Provided 

further, That rental assistance provided under agreements entered 

into prior to fiscal year 2016 for a farm labor multi-family housing 

project financed under section 514 or 516 of the Act may not 

be recaptured for use in another project until such assistance has 

remained unused for a period of 12 consecutive months, if such 

project has a waiting list of tenants seeking such assistance or 

the project has rental assistance eligible tenants who are not 

receiving such assistance: Provided further, That such recaptured 

rental assistance shall, to the extent practicable, be applied to 

another farm labor multi-family housing project financed under 

section 514 or 516 of the Act: Provided further, That of the total 

amount provided, up to $75,000,000 shall be available until September 30, 2017, for renewal of rental assistance agreements within 

the 12-month contract period: Provided further, That the Secretary 

shall provide to the Committees on Appropriations of both Houses 

of Congress quarterly reports on the number of renewals approved 

pursuant to the preceding proviso, on the amount of rental assistance available, and the anticipated need for rental assistance for 

the remainder of the fiscal year: Provided further, That except 


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129 STAT. 2260 PUBLIC LAW 114–113—DEC. 18, 2015 

as provided in the second proviso under this heading and notwithstanding any other provision of the Act, the Secretary may recapture 

rental assistance provided under agreements entered into prior 

to fiscal year 2016 for a project that the Secretary determines 

no longer needs rental assistance and use such recaptured funds 

for current needs as well as unmet rental assistance needs from 

fiscal year 2015. 

MULTI-FAMILY HOUSING REVITALIZATION PROGRAM ACCOUNT

For the rural housing voucher program as authorized under 

section 542 of the Housing Act of 1949, but notwithstanding subsection (b) of such section, and for additional costs to conduct 

a demonstration program for the preservation and revitalization 

of multi-family rental housing properties described in this paragraph, $37,000,000, to remain available until expended: Provided, That of the funds made available under this heading, $15,000,000, 

shall be available for rural housing vouchers to any low-income 

household (including those not receiving rental assistance) residing 

in a property financed with a section 515 loan which has been 

prepaid after September 30, 2005: Provided further, That the 

amount of such voucher shall be the difference between comparable 

market rent for the section 515 unit and the tenant paid rent 

for such unit: Provided further, That funds made available for 

such vouchers shall be subject to the availability of annual appropriations: Provided further, That the Secretary shall, to the maximum extent practicable, administer such vouchers with current 

regulations and administrative guidance applicable to section 8 

housing vouchers administered by the Secretary of the Department 

of Housing and Urban Development: Provided further, That if the 

Secretary determines that the amount made available for vouchers 

in this or any other Act is not needed for vouchers, the Secretary 

may use such funds for the demonstration program for the preservation and revitalization of multi-family rental housing properties 

described in this paragraph: Provided further, That of the funds 

made available under this heading, $22,000,000 shall be available 

for a demonstration program for the preservation and revitalization 

of the sections 514, 515, and 516 multi-family rental housing properties to restructure existing USDA multi-family housing loans, 

as the Secretary deems appropriate, expressly for the purposes 

of ensuring the project has sufficient resources to preserve the 

project for the purpose of providing safe and affordable housing 

for low-income residents and farm laborers including reducing or 

eliminating interest; deferring loan payments, subordinating, 

reducing or reamortizing loan debt; and other financial assistance 

including advances, payments and incentives (including the ability 

of owners to obtain reasonable returns on investment) required 

by the Secretary: Provided further, That the Secretary shall as 

part of the preservation and revitalization agreement obtain a 

restrictive use agreement consistent with the terms of the restructuring: Provided further, That if the Secretary determines that 

additional funds for vouchers described in this paragraph are 

needed, funds for the preservation and revitalization demonstration 

program may be used for such vouchers: Provided further, That 

if Congress enacts legislation to permanently authorize a multifamily rental housing loan restructuring program similar to the 

demonstration program described herein, the Secretary may use 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2261 

funds made available for the demonstration program under this 

heading to carry out such legislation with the prior approval of 

the Committees on Appropriations of both Houses of Congress: 

Provided further, That in addition to any other available funds, the Secretary may expend not more than $1,000,000 total, from 

the program funds made available under this heading, for administrative expenses for activities funded under this heading. 

MUTUAL AND SELF-HELP HOUSING GRANTS

For grants and contracts pursuant to section 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 1490c), $27,500,000, to remain 

available until expended. 

RURAL HOUSING ASSISTANCE GRANTS

For grants for very low-income housing repair and rural housing 

preservation made by the Rural Housing Service, as authorized 

by 42 U.S.C. 1474, and 1490m, $32,239,000, to remain available 

until expended. 

RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For gross obligations for the principal amount of direct and 

guaranteed loans as authorized by section 306 and described in 

section 381E(d)(1) of the Consolidated Farm and Rural Development 

Act, $2,200,000,000 for direct loans and $148,305,000 for guaranteed 

loans. 

For the cost of guaranteed loans, including the cost of modifying 

loans, as defined in section 502 of the Congressional Budget Act 

of 1974, $3,500,000, to remain available until expended. 

For the cost of grants for rural community facilities programs 

as authorized by section 306 and described in section 381E(d)(1) 

of the Consolidated Farm and Rural Development Act, $38,778,000, 

to remain available until expended: Provided, That $4,000,000 of 

the amount appropriated under this heading shall be available 

for a Rural Community Development Initiative: Provided further, 

That such funds shall be used solely to develop the capacity and 

ability of private, nonprofit community-based housing and community development organizations, low-income rural communities, and 

Federally Recognized Native American Tribes to undertake projects 

to improve housing, community facilities, community and economic 

development projects in rural areas: Provided further, That such 

funds shall be made available to qualified private, nonprofit and 

public intermediary organizations proposing to carry out a program 

of financial and technical assistance: Provided further, That such 

intermediary organizations shall provide matching funds from other 

sources, including Federal funds for related activities, in an amount 

not less than funds provided: Provided further, That $5,778,000 

of the amount appropriated under this heading shall be to provide 

grants for facilities in rural communities with extreme unemployment and severe economic depression (Public Law 106–387), with 

up to 5 percent for administration and capacity building in the 

State rural development offices: Provided further, That $4,000,000 

of the amount appropriated under this heading shall be available 

for community facilities grants to tribal colleges, as authorized 


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129 STAT. 2262 PUBLIC LAW 114–113—DEC. 18, 2015 

by section 306(a)(19) of such Act: Provided further, That sections 

381E–H and 381N of the Consolidated Farm and Rural Development Act are not applicable to the funds made available under 

this heading: Provided further, That for the purposes of determining 

eligibility or level of program assistance the Secretary shall not 

include incarcerated prison populations. 

RURAL BUSINESS—COOPERATIVE SERVICE

RURAL BUSINESS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For the cost of loan guarantees and grants, for the rural business development programs authorized by section 310B and 

described in subsections (a), (c), (f) and (g) of section 310B of 

the Consolidated Farm and Rural Development Act, $62,687,000, 

to remain available until expended: Provided, That of the amount 

appropriated under this heading, not to exceed $500,000 shall be 

made available for one grant to a qualified national organization 

to provide technical assistance for rural transportation in order 

to promote economic development and $3,000,000 shall be for grants 

to the Delta Regional Authority (7 U.S.C. 2009aa et seq.) for any 

Rural Community Advancement Program purpose as described in 

section 381E(d) of the Consolidated Farm and Rural Development 

Act, of which not more than 5 percent may be used for administrative expenses: Provided further, That $4,000,000 of the amount 

appropriated under this heading shall be for business grants to 

benefit Federally Recognized Native American Tribes, including 

$250,000 for a grant to a qualified national organization to provide 

technical assistance for rural transportation in order to promote 

economic development: Provided further, That for purposes of determining eligibility or level of program assistance the Secretary shall 

not include incarcerated prison populations: Provided further, That 

sections 381E–H and 381N of the Consolidated Farm and Rural 

Development Act are not applicable to funds made available under 

this heading. 

INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the principal amount of direct loans, as authorized by 

the Intermediary Relending Program Fund Account (7 U.S.C. 

1936b), $18,889,000. 

For the cost of direct loans, $5,217,000, as authorized by the 

Intermediary Relending Program Fund Account (7 U.S.C. 1936b), 

of which $531,000 shall be available through June 30, 2016, for 

Federally Recognized Native American Tribes; and of which 

$1,021,000 shall be available through June 30, 2016, for Mississippi 

Delta Region counties (as determined in accordance with Public 

Law 100–460): Provided, That such costs, including the cost of 

modifying such loans, shall be as defined in section 502 of the 

Congressional Budget Act of 1974. 

In addition, for administrative expenses to carry out the direct 

loan programs, $4,468,000 shall be transferred to and merged with 

the appropriation for ‘‘Rural Development, Salaries and Expenses’’. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2263 

RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT

(INCLUDING RESCISSION OF FUNDS)

For the principal amount of direct loans, as authorized under 

section 313 of the Rural Electrification Act, for the purpose of 

promoting rural economic development and job creation projects, 

$33,077,000. 

Of the funds derived from interest on the cushion of credit 

payments, as authorized by section 313 of the Rural Electrification 

Act of 1936, $179,000,000 shall not be obligated and $179,000,000 

are rescinded. 

RURAL COOPERATIVE DEVELOPMENT GRANTS

For rural cooperative development grants authorized under 

section 310B(e) of the Consolidated Farm and Rural Development 

Act (7 U.S.C. 1932), $22,050,000, of which $2,500,000 shall be 

for cooperative agreements for the appropriate technology transfer 

for rural areas program: Provided, That not to exceed $3,000,000 

shall be for grants for cooperative development centers, individual 

cooperatives, or groups of cooperatives that serve socially disadvantaged groups and a majority of the boards of directors or governing 

boards of which are comprised of individuals who are members 

of socially disadvantaged groups; and of which $10,750,000, to 

remain available until expended, shall be for value-added agricultural product market development grants, as authorized by section 

231 of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1632a). 

RURAL ENERGY FOR AMERICA PROGRAM

For the cost of a program of loan guarantees, under the same 

terms and conditions as authorized by section 9007 of the Farm 

Security and Rural Investment Act of 2002 (7 U.S.C. 8107), 

$500,000: Provided, That the cost of loan guarantees, including 

the cost of modifying such loans, shall be as defined in section 

502 of the Congressional Budget Act of 1974. 

RURAL UTILITIES SERVICE

RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For the cost of direct loans, loan guarantees, and grants for 

the rural water, waste water, waste disposal, and solid waste 

management programs authorized by sections 306, 306A, 306C, 

306D, 306E, and 310B and described in sections 306C(a)(2), 306D, 

306E, and 381E(d)(2) of the Consolidated Farm and Rural Development Act, $522,365,000, to remain available until expended, of 

which not to exceed $1,000,000 shall be available for the rural 

utilities program described in section 306(a)(2)(B) of such Act, and 

of which not to exceed $993,000 shall be available for the rural 

utilities program described in section 306E of such Act: Provided, 

That not to exceed $10,000,000 of the amount appropriated under 

this heading shall be for grants authorized by section 306A(i)(2) 

of the Consolidated Farm and Rural Development Act in addition 

to funding authorized by section 306A(i)(1) of such Act: Provided 


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129 STAT. 2264 PUBLIC LAW 114–113—DEC. 18, 2015 

further, That $64,000,000 of the amount appropriated under this 

heading shall be for loans and grants including water and waste 

disposal systems grants authorized by section 306C(a)(2)(B) and 

section 306D of the Consolidated Farm and Rural Development 

Act, and Federally Recognized Native American Tribes authorized 

by 306C(a)(1): Provided further, That funding provided for section 

306D of the Consolidated Farm and Rural Development Act may 

be provided to a consortium formed pursuant to section 325 of 

Public Law 105–83: Provided further, That not more than 2 percent 

of the funding provided for section 306D of the Consolidated Farm 

and Rural Development Act may be used by the State of Alaska 

for training and technical assistance programs and not more than 

2 percent of the funding provided for section 306D of the Consolidated Farm and Rural Development Act may be used by a consortium formed pursuant to section 325 of Public Law 105–83 for 

training and technical assistance programs: Provided further, That 

not to exceed $20,000,000 of the amount appropriated under this 

heading shall be for technical assistance grants for rural water 

and waste systems pursuant to section 306(a)(14) of such Act, 

unless the Secretary makes a determination of extreme need, of 

which $6,500,000 shall be made available for a grant to a qualified 

nonprofit multi-State regional technical assistance organization, 

with experience in working with small communities on water and 

waste water problems, the principal purpose of such grant shall 

be to assist rural communities with populations of 3,300 or less, 

in improving the planning, financing, development, operation, and 

management of water and waste water systems, and of which 

not less than $800,000 shall be for a qualified national Native 

American organization to provide technical assistance for rural 

water systems for tribal communities: Provided further, That not 

to exceed $16,397,000 of the amount appropriated under this 

heading shall be for contracting with qualified national organizations for a circuit rider program to provide technical assistance 

for rural water systems: Provided further, That not to exceed 

$4,000,000 shall be for solid waste management grants: Provided 

further, That $10,000,000 of the amount appropriated under this 

heading shall be transferred to, and merged with, the Rural Utilities 

Service, High Energy Cost Grants Account to provide grants authorized under section 19 of the Rural Electrification Act of 1936 (7 

U.S.C. 918a): Provided further, That any prior year balances for 

high-energy cost grants authorized by section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a) shall be transferred to and 

merged with the Rural Utilities Service, High Energy Cost Grants 

Account: Provided further, That sections 381E–H and 381N of the 

Consolidated Farm and Rural Development Act are not applicable 

to the funds made available under this heading. 

RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM

ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

The principal amount of direct and guaranteed loans as authorized by sections 305 and 306 of the Rural Electrification Act of 

1936 (7 U.S.C. 935 and 936) shall be made as follows: loans made 

pursuant to section 306 of that Act, rural electric, $5,500,000,000; 

guaranteed underwriting loans pursuant to section 313A, 


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$750,000,000; 5 percent rural telecommunications loans, cost of 

money rural telecommunications loans, and for loans made pursuant 

to section 306 of that Act, rural telecommunications loans, 

$690,000,000: Provided, That up to $2,000,000,000 shall be used 

for the construction, acquisition, or improvement of fossil-fueled 

electric generating plants (whether new or existing) that utilize 

carbon sequestration systems. 

For the cost of direct loans as authorized by section 305 of 

the Rural Electrification Act of 1936 (7 U.S.C. 935), including the 

cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, cost of money rural telecommunications 

loans, $104,000. 

In addition, for administrative expenses necessary to carry 

out the direct and guaranteed loan programs, $34,707,000, which 

shall be transferred to and merged with the appropriation for 

‘‘Rural Development, Salaries and Expenses’’. 

DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM

For the principal amount of broadband telecommunication loans, $20,576,000. 

For grants for telemedicine and distance learning services in rural areas, as authorized by 7 U.S.C. 950aaa et seq., $22,000,000, 

to remain available until expended: Provided, That $3,000,000 shall 

be made available for grants authorized by 379G of the Consolidated 

Farm and Rural Development Act: Provided further, That funding 

provided under this heading for grants under 379G of the Consolidated Farm and Rural Development Act may only be provided 

to entities that meet all of the eligibility criteria for a consortium 

as established by this section. 

For the cost of broadband loans, as authorized by section 601 of the Rural Electrification Act, $4,500,000, to remain available 

until expended: Provided, That the cost of direct loans shall be 

as defined in section 502 of the Congressional Budget Act of 1974. In addition, $10,372,000, to remain available until expended, 

for a grant program to finance broadband transmission in rural 

areas eligible for Distance Learning and Telemedicine Program 

benefits authorized by 7 U.S.C. 950aaa. 

TITLE IV 

DOMESTIC FOOD PROGRAMS 

OFFICE OF THE UNDER SECRETARY FOR FOOD, NUTRITION, AND

CONSUMER SERVICES

For necessary expenses of the Office of the Under Secretary 

for Food, Nutrition, and Consumer Services, $811,000. 

FOOD AND NUTRITION SERVICE

CHILD NUTRITION PROGRAMS

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to carry out the Richard B. Russell 

National School Lunch Act (42 U.S.C. 1751 et seq.), except section 

21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), 


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except sections 17 and 21; $22,149,746,000 to remain available 

through September 30, 2017, of which such sums as are made 

available under section 14222(b)(1) of the Food, Conservation, and 

Energy Act of 2008 (Public Law 110–246), as amended by this 

Act, shall be merged with and available for the same time period 

and purposes as provided herein: Provided, That of the total amount 

available, $17,004,000 shall be available to carry out section 19 

of the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.): Provided 

further, That of the total amount available, $25,000,000 shall be 

available to provide competitive grants to State agencies for subgrants to local educational agencies and schools to purchase the 

equipment needed to serve healthier meals, improve food safety, 

and to help support the establishment, maintenance, or expansion 

of the school breakfast program: Provided further, That of the 

total amount available, $16,000,000 shall remain available until 

expended to carry out section 749(g) of the Agriculture Appropriations Act of 2010 (Public Law 111–80): Provided further, That 

section 26(d) of the Richard B. Russell National School Lunch 

Act (42 U.S.C. 1769g(d)) is amended in the first sentence by striking 

‘‘2010 through 2015’’ and inserting ‘‘2010 through 2016’’. 

SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC)

For necessary expenses to carry out the special supplemental 

nutrition program as authorized by section 17 of the Child Nutrition 

Act of 1966 (42 U.S.C. 1786), $6,350,000,000, to remain available 

through September 30, 2017: Provided, That notwithstanding section 17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C. 

1786(h)(10)), not less than $60,000,000 shall be used for 

breastfeeding peer counselors and other related activities, and 

$13,600,000 shall be used for infrastructure: Provided further, That 

none of the funds provided in this account shall be available for 

the purchase of infant formula except in accordance with the cost 

containment and competitive bidding requirements specified in section 17 of such Act: Provided further, That none of the funds 

provided shall be available for activities that are not fully 

reimbursed by other Federal Government departments or agencies 

unless authorized by section 17 of such Act: Provided further, That 

upon termination of a federally mandated vendor moratorium and 

subject to terms and conditions established by the Secretary, the 

Secretary may waive the requirement at 7 CFR 246.12(g)(6) at 

the request of a State agency. 

SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

For necessary expenses to carry out the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), $80,849,383,000, of which 

$3,000,000,000, to remain available through December 31, 2017, 

shall be placed in reserve for use only in such amounts and at 

such times as may become necessary to carry out program operations: Provided, That funds available for the contingency reserve 

under the heading ‘‘Supplemental Nutrition Assistance Program’’ 

of division A of Public Law 113–235 shall be available until 

December 31, 2016: Provided further, That funds provided herein 

shall be expended in accordance with section 16 of the Food and 

Nutrition Act of 2008: Provided further, That of the funds made 

available under this heading, $998,000 may be used to provide 


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nutrition education services to State agencies and Federally Recognized Tribes participating in the Food Distribution Program on 

Indian Reservations: Provided further, That this appropriation shall 

be subject to any work registration or workfare requirements as 

may be required by law: Provided further, That funds made available for Employment and Training under this heading shall remain 

available through September 30, 2017: Provided further, That funds 

made available under this heading for section 28(d)(1) and section 

27(a) of the Food and Nutrition Act of 2008 shall remain available 

through September 30, 2017: Provided further, That funds made 

available under this heading may be used to enter into contracts 

and employ staff to conduct studies, evaluations, or to conduct 

activities related to program integrity provided that such activities 

are authorized by the Food and Nutrition Act of 2008. 

COMMODITY ASSISTANCE PROGRAM

For necessary expenses to carry out disaster assistance and 

the Commodity Supplemental Food Program as authorized by section 4(a) of the Agriculture and Consumer Protection Act of 1973 

(7 U.S.C. 612c note); the Emergency Food Assistance Act of 1983; 

special assistance for the nuclear affected islands, as authorized 

by section 103(f)(2) of the Compact of Free Association Amendments 

Act of 2003 (Public Law 108–188); and the Farmers’ Market Nutrition Program, as authorized by section 17(m) of the Child Nutrition 

Act of 1966, $296,217,000, to remain available through September 

30, 2017: Provided, That none of these funds shall be available 

to reimburse the Commodity Credit Corporation for commodities 

donated to the program: Provided further, That notwithstanding 

any other provision of law, effective with funds made available 

in fiscal year 2016 to support the Seniors Farmers’ Market Nutrition 

Program, as authorized by section 4402 of the Farm Security and 

Rural Investment Act of 2002, such funds shall remain available 

through September 30, 2017: Provided further, That of the funds 

made available under section 27(a) of the Food and Nutrition Act 

of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 10 percent 

for costs associated with the distribution of commodities. 

NUTRITION PROGRAMS ADMINISTRATION

For necessary administrative expenses of the Food and Nutrition Service for carrying out any domestic nutrition assistance 

program, $150,824,000: Provided, That of the funds provided herein, 

$2,000,000 shall be used for the purposes of section 4404 of Public 

Law 107–171, as amended by section 4401 of Public Law 110– 

246. 


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TITLE V 

FOREIGN ASSISTANCE AND RELATED PROGRAMS 

FOREIGN AGRICULTURAL SERVICE

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Foreign Agricultural Service, 

including not to exceed $250,000 for representation allowances and 

for expenses pursuant to section 8 of the Act approved August 

3, 1956 (7 U.S.C. 1766), $191,566,000: Provided, That the Service 

may utilize advances of funds, or reimburse this appropriation 

for expenditures made on behalf of Federal agencies, public and 

private organizations and institutions under agreements executed 

pursuant to the agricultural food production assistance programs 

(7 U.S.C. 1737) and the foreign assistance programs of the United 

States Agency for International Development: Provided further, 

That funds made available for middle-income country training programs, funds made available for the Borlaug International Agricultural Science and Technology Fellowship program, and up to 

$2,000,000 of the Foreign Agricultural Service appropriation solely 

for the purpose of offsetting fluctuations in international currency 

exchange rates, subject to documentation by the Foreign Agricultural Service, shall remain available until expended. 

FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD FOR PROGRESS

PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For administrative expenses to carry out the credit program 

of title I, Food for Peace Act (Public Law 83–480) and the Food 

for Progress Act of 1985, $2,528,000, shall be transferred to and 

merged with the appropriation for ‘‘Farm Service Agency, Salaries 

and Expenses’’. 

FOOD FOR PEACE TITLE II GRANTS

For expenses during the current fiscal year, not otherwise 

recoverable, and unrecovered prior years’ costs, including interest 

thereon, under the Food for Peace Act (Public Law 83–480), for 

commodities supplied in connection with dispositions abroad under 

title II of said Act, $1,466,000,000, to remain available until 

expended. 

MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD

NUTRITION PROGRAM GRANTS

For necessary expenses to carry out the provisions of section 

3107 of the Farm Security and Rural Investment Act of 2002 

(7 U.S.C. 1736o–1), $201,626,000, to remain available until 

expended: Provided, That the Commodity Credit Corporation is 

authorized to provide the services, facilities, and authorities for 

the purpose of implementing such section, subject to reimbursement 

from amounts provided herein: Provided further, That of the amount 


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made available under this heading, $5,000,000, shall remain available until expended for necessary expenses to carry out the provisions of section 3207 of the Agricultural Act of 2014 (7 U.S.C. 

1726c). 

COMMODITY CREDIT CORPORATION EXPORT (LOANS) CREDIT

GUARANTEE PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For administrative expenses to carry out the Commodity Credit 

Corporation’s Export Guarantee Program, GSM 102 and GSM 103, 

$6,748,000; to cover common overhead expenses as permitted by 

section 11 of the Commodity Credit Corporation Charter Act and 

in conformity with the Federal Credit Reform Act of 1990, of which 

$6,394,000 shall be transferred to and merged with the appropriation for ‘‘Foreign Agricultural Service, Salaries and Expenses’’, and 

of which $354,000 shall be transferred to and merged with the 

appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’. 

TITLE VI 

RELATED AGENCIES AND FOOD AND DRUG 

ADMINISTRATION 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

FOOD AND DRUG ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Food and Drug Administration, 

including hire and purchase of passenger motor vehicles; for payment of space rental and related costs pursuant to Public Law 

92–313 for programs and activities of the Food and Drug Administration which are included in this Act; for rental of special purpose 

space in the District of Columbia or elsewhere; for miscellaneous 

and emergency expenses of enforcement activities, authorized and 

approved by the Secretary and to be accounted for solely on the 

Secretary’s certificate, not to exceed $25,000; and notwithstanding 

section 521 of Public Law 107–188; $4,681,392,000: Provided, That 

of the amount provided under this heading, $851,481,000 shall 

be derived from prescription drug user fees authorized by 21 U.S.C. 

379h, and shall be credited to this account and remain available 

until expended; $137,677,000 shall be derived from medical device 

user fees authorized by 21 U.S.C. 379j, and shall be credited to 

this account and remain available until expended; $318,363,000 

shall be derived from human generic drug user fees authorized 

by 21 U.S.C. 379j–42, and shall be credited to this account and 

remain available until expended; $21,540,000 shall be derived from 

biosimilar biological product user fees authorized by 21 U.S.C. 

379j–52, and shall be credited to this account and remain available 

until expended; $22,818,000 shall be derived from animal drug 

user fees authorized by 21 U.S.C. 379j–12, and shall be credited 

to this account and remain available until expended; $9,705,000 

shall be derived from animal generic drug user fees authorized 

by 21 U.S.C. 379j–21, and shall be credited to this account and 

remain available until expended; $599,000,000 shall be derived 


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from tobacco product user fees authorized by 21 U.S.C. 387s, and 

shall be credited to this account and remain available until 

expended: Provided further, That in addition to and notwithstanding 

any other provision under this heading, amounts collected for 

prescription drug user fees, medical device user fees, human generic 

drug user fees, biosimilar biological product user fees, animal drug 

user fees, and animal generic drug user fees that exceed the respective fiscal year 2016 limitations are appropriated and shall be 

credited to this account and remain available until expended: Provided further, That fees derived from prescription drug, medical 

device, human generic drug, biosimilar biological product, animal 

drug, and animal generic drug assessments for fiscal year 2016, 

including any such fees collected prior to fiscal year 2016 but 

credited for fiscal year 2016, shall be subject to the fiscal year 

2016 limitations: Provided further, That the Secretary may accept 

payment during fiscal year 2016 of user fees specified under this 

heading and authorized for fiscal year 2017, prior to the due date 

for such fees, and that amounts of such fees assessed for fiscal 

year 2017 for which the Secretary accepts payment in fiscal year 

2016 shall not be included in amounts under this heading: Provided 

further, That none of these funds shall be used to develop, establish, 

or operate any program of user fees authorized by 31 U.S.C. 9701: 

Provided further, That of the total amount appropriated: (1) 

$987,328,000 shall be for the Center for Food Safety and Applied 

Nutrition and related field activities in the Office of Regulatory 

Affairs; (2) $1,394,136,000 shall be for the Center for Drug Evaluation and Research and related field activities in the Office of Regulatory Affairs; (3) $354,901,000 shall be for the Center for Biologics 

Evaluation and Research and for related field activities in the 

Office of Regulatory Affairs; (4) $187,825,000 shall be for the Center 

for Veterinary Medicine and for related field activities in the Office 

of Regulatory Affairs; (5) $430,443,000 shall be for the Center 

for Devices and Radiological Health and for related field activities 

in the Office of Regulatory Affairs; (6) $63,331,000 shall be for 

the National Center for Toxicological Research; (7) $564,117,000 

shall be for the Center for Tobacco Products and for related field 

activities in the Office of Regulatory Affairs; (8) not to exceed 

$171,418,000 shall be for Rent and Related activities, of which 

$52,346,000 is for White Oak Consolidation, other than the amounts 

paid to the General Services Administration for rent; (9) not to 

exceed $238,274,000 shall be for payments to the General Services 

Administration for rent; and (10) $289,619,000 shall be for other 

activities, including the Office of the Commissioner of Food and 

Drugs, the Office of Foods and Veterinary Medicine, the Office 

of Medical and Tobacco Products, the Office of Global and Regulatory Policy, the Office of Operations, the Office of the Chief 

Scientist, and central services for these offices: Provided further, 

That not to exceed $25,000 of this amount shall be for official 

reception and representation expenses, not otherwise provided for, 

as determined by the Commissioner: Provided further, That any 

transfer of funds pursuant to section 770(n) of the Federal Food, 

Drug, and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from 

amounts made available under this heading for other activities: 

Provided further, That of the amounts that are made available 

under this heading for ‘‘other activities’’, and that are not derived 

from user fees, $1,500,000 shall be transferred to and merged 

with the appropriation for ‘‘Department of Health and Human 


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Services—Office of Inspector General’’ for oversight of the programs 

and operations of the Food and Drug Administration and shall 

be in addition to funds otherwise made available for oversight 

of the Food and Drug Administration: Provided further, That funds 

may be transferred from one specified activity to another with 

the prior approval of the Committees on Appropriations of both 

Houses of Congress. 

In addition, mammography user fees authorized by 42 U.S.C. 

263b, export certification user fees authorized by 21 U.S.C. 381, 

priority review user fees authorized by 21 U.S.C. 360n and 360ff, 

food and feed recall fees, food reinspection fees, and voluntary 

qualified importer program fees authorized by 21 U.S.C. 379j– 

31, outsourcing facility fees authorized by 21 U.S.C. 379j–62, 

prescription drug wholesale distributor licensing and inspection 

fees authorized by 21 U.S.C. 353(e)(3), and third-party logistics 

provider licensing and inspection fees authorized by 21 U.S.C. 

360eee–3(c)(1), and third-party auditor fees authorized by 21 U.S.C. 

384d(c)(8), shall be credited to this account, to remain available 

until expended. 

BUILDINGS AND FACILITIES

For plans, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of or used 

by the Food and Drug Administration, where not otherwise provided, $8,788,000, to remain available until expended. 

INDEPENDENT AGENCIES 

COMMODITY FUTURES TRADING COMMISSION

For necessary expenses to carry out the provisions of the Commodity Exchange Act (7 U.S.C. 1 et seq.), including the purchase 

and hire of passenger motor vehicles, and the rental of space (to 

include multiple year leases), in the District of Columbia and elsewhere, $250,000,000, including not to exceed $3,000 for official 

reception and representation expenses, and not to exceed $25,000 

for the expenses for consultations and meetings hosted by the 

Commission with foreign governmental and other regulatory officials, of which not less than $50,000,000, to remain available until 

September 30, 2017, shall be for the purchase of information technology and of which not less than $2,620,000 shall be for expenses 

of the Office of the Inspector General: Provided, That notwithstanding the limitations in 31 U.S.C. 1553, amounts provided under 

this heading are available for the liquidation of obligations equal 

to current year payments on leases entered into prior to the date 

of enactment of this Act: Provided further, That for the purpose 

of recording any obligations that should have been recorded against 

accounts closed pursuant to 31 U.S.C. 1552, these accounts may 

be reopened solely for the purpose of correcting any violations 

of 31 U.S.C. 1501(a)(1), and balances canceled pursuant to 31 U.S.C. 

1552(a) in any accounts reopened pursuant to this authority shall 

remain unavailable to liquidate any outstanding obligations. 


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129 STAT. 2272 PUBLIC LAW 114–113—DEC. 18, 2015 

FARM CREDIT ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $65,600,000 (from assessments collected from 

farm credit institutions, including the Federal Agricultural Mortgage Corporation) shall be obligated during the current fiscal year 

for administrative expenses as authorized under 12 U.S.C. 2249: 

Provided, That this limitation shall not apply to expenses associated 

with receiverships: Provided further, That the agency may exceed 

this limitation by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress. 

TITLE VII 

GENERAL PROVISIONS 

(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)

SEC. 701. Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department of Agriculture 

for the current fiscal year under this Act shall be available for 

the purchase, in addition to those specifically provided for, of not 

to exceed 71 passenger motor vehicles of which 68 shall be for 

replacement only, and for the hire of such vehicles: Provided, That 

notwithstanding this section, the only purchase of new passenger 

vehicles shall be for those determined by the Secretary to be necessary for transportation safety, to reduce operational costs, and 

for the protection of life, property, and public safety. 

SEC. 702. Notwithstanding any other provision of this Act, 

the Secretary of Agriculture may transfer unobligated balances 

of discretionary funds appropriated by this Act or any other available unobligated discretionary balances that are remaining available of the Department of Agriculture to the Working Capital Fund 

for the acquisition of plant and capital equipment necessary for 

the delivery of financial, administrative, and information technology 

services of primary benefit to the agencies of the Department of 

Agriculture, such transferred funds to remain available until 

expended: Provided, That none of the funds made available by 

this Act or any other Act shall be transferred to the Working 

Capital Fund without the prior approval of the agency administrator: Provided further, That none of the funds transferred to 

the Working Capital Fund pursuant to this section shall be available 

for obligation without written notification to and the prior approval 

of the Committees on Appropriations of both Houses of Congress: 

Provided further, That none of the funds appropriated by this 

Act or made available to the Department’s Working Capital Fund 

shall be available for obligation or expenditure to make any changes 

to the Department’s National Finance Center without written 

notification to and prior approval of the Committees on Appropriations of both Houses of Congress as required by section 717 of 

this Act: Provided further, That of annual income amounts in the 

Working Capital Fund of the Department of Agriculture allocated 

for the National Finance Center, the Secretary may reserve not 

more than 4 percent for the replacement or acquisition of capital 

equipment, including equipment for the improvement and 

implementation of a financial management plan, information technology, and other systems of the National Finance Center or to 


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pay any unforeseen, extraordinary cost of the National Finance 

Center: Provided further, That none of the amounts reserved shall 

be available for obligation unless the Secretary submits written 

notification of the obligation to the Committees on Appropriations 

of both Houses of Congress: Provided further, That the limitation 

on the obligation of funds pending notification to Congressional 

Committees shall not apply to any obligation that, as determined 

by the Secretary, is necessary to respond to a declared state of 

emergency that significantly impacts the operations of the National 

Finance Center; or to evacuate employees of the National Finance 

Center to a safe haven to continue operations of the National 

Finance Center. 

SEC. 703. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

SEC. 704. No funds appropriated by this Act may be used 

to pay negotiated indirect cost rates on cooperative agreements 

or similar arrangements between the United States Department 

of Agriculture and nonprofit institutions in excess of 10 percent 

of the total direct cost of the agreement when the purpose of 

such cooperative arrangements is to carry out programs of mutual 

interest between the two parties. This does not preclude appropriate 

payment of indirect costs on grants and contracts with such institutions when such indirect costs are computed on a similar basis 

for all agencies for which appropriations are provided in this Act. 

SEC. 705. Appropriations to the Department of Agriculture for 

the cost of direct and guaranteed loans made available in the 

current fiscal year shall remain available until expended to disburse 

obligations made in the current fiscal year for the following 

accounts: the Rural Development Loan Fund program account, the 

Rural Electrification and Telecommunication Loans program 

account, and the Rural Housing Insurance Fund program account. 

SEC. 706. None of the funds made available to the Department 

of Agriculture by this Act may be used to acquire new information 

technology systems or significant upgrades, as determined by the 

Office of the Chief Information Officer, without the approval of 

the Chief Information Officer and the concurrence of the Executive 

Information Technology Investment Review Board: Provided, That 

notwithstanding any other provision of law, none of the funds 

appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without written 

notification to and the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further, That, notwithstanding section 11319 of title 40, United States Code, none 

of the funds available to the Department of Agriculture for information technology shall be obligated for projects, contracts, or other 

agreements over $25,000 prior to receipt of written approval by 

the Chief Information Officer: Provided further, That the Chief 

Information Officer may authorize an agency to obligate funds 

without written approval from the Chief Information Officer for 

projects, contracts, or other agreements up to $250,000 based upon 

the performance of an agency measured against the performance 

plan requirements described in the explanatory statement accompanying Public Law 113–235. 

SEC. 707. Funds made available under section 524(b) of the 

Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal 


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year shall remain available until expended to disburse obligations 

made in the current fiscal year. 

SEC. 708. Notwithstanding any other provision of law, any 

former RUS borrower that has repaid or prepaid an insured, direct 

or guaranteed loan under the Rural Electrification Act of 1936, 

or any not-for-profit utility that is eligible to receive an insured 

or direct loan under such Act, shall be eligible for assistance under 

section 313(b)(2)(B) of such Act in the same manner as a borrower 

under such Act. 

SEC. 709. Except as otherwise specifically provided by law, 

not more than $20,000,000 in unobligated balances from appropriations made available for salaries and expenses in this Act for 

the Farm Service Agency shall remain available through September 

30, 2017, for information technology expenses: Provided, That except 

as otherwise specifically provided by law, unobligated balances from 

appropriations made available for salaries and expenses in this 

Act for the Rural Development mission area shall remain available 

through September 30, 2017, for information technology expenses. 

SEC. 710. None of the funds appropriated or otherwise made 

available by this Act may be used for first-class travel by the 

employees of agencies funded by this Act in contravention of sections 

301–10.122 through 301–10.124 of title 41, Code of Federal Regulations. 

SEC. 711. In the case of each program established or amended 

by the Agricultural Act of 2014 (Public Law 113–79), other than 

by title I or subtitle A of title III of such Act, or programs for 

which indefinite amounts were provided in that Act, that is authorized or required to be carried out using funds of the Commodity 

Credit Corporation— 

(1) such funds shall be available for salaries and related 

administrative expenses, including technical assistance, associated with the implementation of the program, without regard 

to the limitation on the total amount of allotments and fund 

transfers contained in section 11 of the Commodity Credit 

Corporation Charter Act (15 U.S.C. 714i); and 

(2) the use of such funds for such purpose shall not be 

considered to be a fund transfer or allotment for purposes 

of applying the limitation on the total amount of allotments 

and fund transfers contained in such section. 

SEC. 712. Of the funds made available by this Act, not more 

than $2,000,000 shall be used to cover necessary expenses of activities related to all advisory committees, panels, commissions, and 

task forces of the Department of Agriculture, except for panels 

used to comply with negotiated rule makings and panels used 

to evaluate competitively awarded grants. 

SEC. 713. None of the funds in this Act shall be available 

to pay indirect costs charged against any agricultural research, 

education, or extension grant awards issued by the National 

Institute of Food and Agriculture that exceed 30 percent of total 

Federal funds provided under each award: Provided, That notwithstanding section 1462 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310), funds provided by this Act for grants awarded competitively by the National 

Institute of Food and Agriculture shall be available to pay full 

allowable indirect costs for each grant awarded under section 9 

of the Small Business Act (15 U.S.C. 638). 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2275 

SEC. 714. None of the funds appropriated or otherwise made 

available by this or any other Act shall be used to pay the salaries 

and expenses of personnel to carry out the following: 

(1) The Watershed Rehabilitation program authorized by 

section 14(h)(1) of the Watershed and Flood Protection Act 

(16 U.S.C. 1012(h)(1)); 

(2) The Environmental Quality Incentives Program as 

authorized by sections 1240–1240H of the Food Security Act 

of 1985 (16 U.S.C. 3839aa–3839aa–8) in excess of 

$1,329,000,000: Provided, That this limitation shall apply only 

to funds provided by section 1241(a)(5)(C) of the Food Security 

Act of 1985 (16 U.S.C. 3841(a)(5)(C)); 

(3) The Biomass Crop Assistance Program authorized by 

section 9011 of the Farm Security and Rural Investment Act 

of 2002 (7 U.S.C. 8111) in excess of $3,000,000 in new 

obligational authority; and 

(4) The Biorefinery, Renewable Chemical and Biobased 

Product Manufacturing Assistance program as authorized by 

section 9003 of the Farm Security and Rural Investment Act 

of 2002 (7 U.S.C. 8103) in excess of $27,000,000 of the funding 

appropriated by subsection (g)(1)(A)(ii) of that section for fiscal 

year 2016. 

SEC. 715. None of the funds appropriated or otherwise made 

available by this or any other Act shall be used to pay the salaries 

and expenses of personnel to carry out a program under subsection 

(b)(2)(A)(viii) of section 14222 of Public Law 110–246 in excess 

of $884,980,000, as follows: Child Nutrition Programs Entitlement 

Commodities—$465,000,000; State Option Contracts—$5,000,000; 

Removal of Defective Commodities—$2,500,000: Provided, That 

none of the funds made available in this Act or any other Act 

shall be used for salaries and expenses to carry out in this fiscal 

year section 19(i)(1)(E) of the Richard B. Russell National School 

Lunch Act, as amended, except in an amount that excludes the 

transfer of $125,000,000 of the funds to be transferred under subsection (c) of section 14222 of Public Law 110–246, until October 

1, 2016: Provided further, That $125,000,000 made available on 

October 1, 2016, to carry out section 19(i)(1)(E) of the Richard 

B. Russell National School Lunch Act, as amended, shall be 

excluded from the limitation described in subsection (b)(2)(A)(ix) 

of section 14222 of Public Law 110–246: Provided further, That 

none of the funds appropriated or otherwise made available by 

this or any other Act shall be used to pay the salaries or expenses 

of any employee of the Department of Agriculture or officer of 

the Commodity Credit Corporation to carry out clause 3 of section 

32 of the Agricultural Adjustment Act of 1935 (Public Law 74– 

320, 7 U.S.C. 612c, as amended), or for any surplus removal activities or price support activities under section 5 of the Commodity 

Credit Corporation Charter Act: Provided further, That the available 

unobligated balances under (b)(2)(A)(viii) of section 14222 of Public 

Law 110–246 in excess of the limitation set forth in this section, 

except for the amounts to be transferred pursuant to the first 

proviso, are hereby permanently rescinded. 

SEC. 716. None of the funds appropriated by this or any other 

Act shall be used to pay the salaries and expenses of personnel 

who prepare or submit appropriations language as part of the 

President’s budget submission to the Congress for programs under 

the jurisdiction of the Appropriations Subcommittees on Agriculture, 


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129 STAT. 2276 PUBLIC LAW 114–113—DEC. 18, 2015 

Rural Development, Food and Drug Administration, and Related 

Agencies that assumes revenues or reflects a reduction from the 

previous year due to user fees proposals that have not been enacted 

into law prior to the submission of the budget unless such budget 

submission identifies which additional spending reductions should 

occur in the event the user fees proposals are not enacted prior 

to the date of the convening of a committee of conference for 

the fiscal year 2017 appropriations Act. 

SEC. 717. (a) None of the funds provided by this Act, or provided 

by previous appropriations Acts to the agencies funded by this 

Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury 

derived by the collection of fees available to the agencies funded 

by this Act, shall be available for obligation or expenditure through 

a reprogramming, transfer of funds, or reimbursements as authorized by the Economy Act, or in the case of the Department of 

Agriculture, through use of the authority provided by section 702(b) 

of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 

2257) or section 8 of Public Law 89–106 (7 U.S.C. 2263), that— 

(1) creates new programs; 

(2) eliminates a program, project, or activity; 

(3) increases funds or personnel by any means for any 

project or activity for which funds have been denied or 

restricted; 

(4) relocates an office or employees; 

(5) reorganizes offices, programs, or activities; or 

(6) contracts out or privatizes any functions or activities 

presently performed by Federal employees; 

unless the Secretary of Agriculture, the Secretary of Health and 

Human Services, or the Chairman of the Commodity Futures 

Trading Commission (as the case may be) notifies in writing and 

receives approval from the Committees on Appropriations of both 

Houses of Congress at least 30 days in advance of the reprogramming of such funds or the use of such authority. 

(b) None of the funds provided by this Act, or provided by 

previous Appropriations Acts to the agencies funded by this Act 

that remain available for obligation or expenditure in the current 

fiscal year, or provided from any accounts in the Treasury derived 

by the collection of fees available to the agencies funded by this 

Act, shall be available for obligation or expenditure for activities, 

programs, or projects through a reprogramming or use of the 

authorities referred to in subsection (a) involving funds in excess 

of $500,000 or 10 percent, whichever is less, that— 

(1) augments existing programs, projects, or activities; 

(2) reduces by 10 percent funding for any existing program, 

project, or activity, or numbers of personnel by 10 percent 

as approved by Congress; or 

(3) results from any general savings from a reduction in 

personnel which would result in a change in existing programs, 

activities, or projects as approved by Congress; unless the Secretary of Agriculture, the Secretary of Health and Human 

Services, or the Chairman of the Commodity Futures Trading 

Commission (as the case may be) notifies in writing and receives 

approval from the Committees on Appropriations of both 

Houses of Congress at least 30 days in advance of the reprogramming or transfer of such funds or the use of such 

authority. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2277 

(c) The Secretary of Agriculture, the Secretary of Health and 

Human Services, or the Chairman of the Commodity Futures 

Trading Commission shall notify in writing and receive approval 

from the Committees on Appropriations of both Houses of Congress 

before implementing any program or activity not carried out during 

the previous fiscal year unless the program or activity is funded 

by this Act or specifically funded by any other Act. 

(d) None of the funds provided by this Act, or provided by 

previous Appropriations Acts to the agencies funded by this Act 

that remain available for obligation or expenditure in the current 

fiscal year, or provided from any accounts in the Treasury derived 

by the collection of fees available to the agencies funded by this 

Act, shall be available for— 

(1) modifying major capital investments funding levels, 

including information technology systems, that involves 

increasing or decreasing funds in the current fiscal year for 

the individual investment in excess of $500,000 or 10 percent 

of the total cost, whichever is less; 

(2) realigning or reorganizing new, current, or vacant positions or agency activities or functions to establish a center, 

office, branch, or similar entity with five or more personnel; 

or 

(3) carrying out activities or functions that were not 

described in the budget request; unless the agencies funded 

by this Act notify, in writing, the Committees on Appropriations 

of both Houses of Congress at least 30 days in advance of 

using the funds for these purposes. 

(e) As described in this section, no funds may be used for 

any activities unless the Secretary of Agriculture, the Secretary 

of Health and Human Services, or the Chairman of the Commodity 

Futures Trading Commission receives from the Committee on 

Appropriations of both Houses of Congress written or electronic 

mail confirmation of receipt of the notification as required in this 

section. 

SEC. 718. Notwithstanding section 310B(g)(5) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the 

Secretary may assess a one-time fee for any guaranteed business 

and industry loan in an amount that does not exceed 3 percent 

of the guaranteed principal portion of the loan. 

SEC. 719. None of the funds appropriated or otherwise made 

available to the Department of Agriculture, the Food and Drug 

Administration, the Commodity Futures Trading Commission, or 

the Farm Credit Administration shall be used to transmit or otherwise make available reports, questions, or responses to questions 

that are a result of information requested for the appropriations 

hearing process to any non-Department of Agriculture, non-Department of Health and Human Services, non-Commodity Futures 

Trading Commission, or non-Farm Credit Administration employee. 

SEC. 720. Unless otherwise authorized by existing law, none 

of the funds provided in this Act, may be used by an executive 

branch agency to produce any prepackaged news story intended 

for broadcast or distribution in the United States unless the story 

includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared 

or funded by that executive branch agency. 

SEC. 721. No employee of the Department of Agriculture may 

be detailed or assigned from an agency or office funded by this 


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129 STAT. 2278 PUBLIC LAW 114–113—DEC. 18, 2015 

Act or any other Act to any other agency or office of the Department 

for more than 60 days in a fiscal year unless the individual’s 

employing agency or office is fully reimbursed by the receiving 

agency or office for the salary and expenses of the employee for 

the period of assignment. 

SEC. 722. None of the funds made available by this Act may 

be used to pay the salaries and expenses of personnel who provide 

nonrecourse marketing assistance loans for mohair under section 

1201 of the Agricultural Act of 2014 (Public Law 113–79). 

SEC. 723. Not later than 30 days after the date of enactment 

of this Act, the Secretary of Agriculture, the Commissioner of the 

Food and Drug Administration, the Chairman of the Commodity 

Futures Trading Commission, and the Chairman of the Farm Credit 

Administration shall submit to the Committees on Appropriations 

of both Houses of Congress a detailed spending plan by program, 

project, and activity for all the funds made available under this 

Act including appropriated user fees, as defined in the explanatory 

statement described in section 4 (in the matter preceding division 

A of this consolidated Act). 

SEC. 724. Funds made available under title II of the Food 

for Peace Act (7 U.S.C. 1721 et seq.) may only be used to provide 

assistance to recipient nations if adequate monitoring and controls, 

as determined by the Administrator of the U.S. Agency for International Development, are in place to ensure that emergency food 

aid is received by the intended beneficiaries in areas affected by 

food shortages and not diverted for unauthorized or inappropriate 

purposes. 

SEC. 725. There is hereby appropriated $1,996,000 to carry 

out section 1621 of Public Law 110–246. 

SEC. 726. The Secretary shall establish an intermediary loan 

packaging program based on the pilot program in effect for fiscal 

year 2013 for packaging and reviewing section 502 single family 

direct loans. The Secretary shall enter into agreements with current 

intermediary organizations and with additional qualified intermediary organizations. The Secretary shall work with these 

organizations to increase effectiveness of the section 502 single 

family direct loan program in rural communities and shall set 

aside and make available from the national reserve section 502 

loans an amount necessary to support the work of such intermediaries and provide a priority for review of such loans. 

SEC. 727. For loans and loan guarantees that do not require 

budget authority and the program level has been established in 

this Act, the Secretary of Agriculture may increase the program 

level for such loans and loan guarantees by not more than 25 

percent: Provided, That prior to the Secretary implementing such 

an increase, the Secretary notifies, in writing, the Committees 

on Appropriations of both Houses of Congress at least 15 days 

in advance. 

SEC. 728. There is hereby appropriated for the ‘‘Emergency 

Watershed Protection Program’’, $157,000,000, to remain available 

until expended; for the ‘‘Emergency Forestry Restoration Program’’, 

$6,000,000, to remain available until expended; and for the ‘‘Emergency Conservation Program’’, $108,000,000, to remain available 

until expended: Provided, That $37,000,000 made available for the 

‘‘Emergency Watershed Protection Program’’; $2,000,000 made 

available for the ‘‘Emergency Forestry Restoration Program’’; and 


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$91,000,000 made available for the ‘‘Emergency Conservation Program’’ under this section are for necessary expenses resulting from 

a major disaster declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et 

seq.), and are designated by the Congress as being for disaster 

relief pursuant to section 251(b)(2)(D) of the Balanced Budget and 

Emergency Deficit Control Act of 1985. 

SEC. 729. None of the credit card refunds or rebates transferred 

to the Working Capital Fund pursuant to section 729 of the Agriculture, Rural Development, Food and Drug Administration, and 

Related Agencies Appropriations Act, 2002 (7 U.S.C. 2235a; Public 

Law 107–76) shall be available for obligation without written 

notification to, and the prior approval of, the Committees on Appropriations of both Houses of Congress: Provided, That the refunds 

or rebates so transferred shall be available for obligation only 

for the acquisition of plant and capital equipment necessary for 

the delivery of financial, administrative, and information technology 

services of primary benefit to the agencies of the Department of 

Agriculture. 

SEC. 730. None of the funds made available by this Act may 

be used to procure processed poultry products imported into the 

United States from the People’s Republic of China for use in the 

school lunch program under the Richard B. Russell National School 

Lunch Act (42 U.S.C. 1751 et seq.), the Child and Adult Food 

Care Program under section 17 of such Act (42 U.S.C. 1766), the 

Summer Food Service Program for Children under section 13 of 

such Act (42 U.S.C. 1761), or the school breakfast program under 

the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). 

SEC. 731. In response to an eligible community where the 

drinking water supplies are inadequate due to a natural disaster, 

as determined by the Secretary, including drought or severe 

weather, the Secretary may provide potable water through the 

Emergency Community Water Assistance Grant Program for an 

additional period of time not to exceed 120 days beyond the established period provided under the Program in order to protect public 

health. 

SEC. 732. Funds provided by this or any prior Appropriations 

Act for the Agriculture and Food Research Initiative under 7 U.S.C. 

450i(b) shall be made available without regard to section 7128 

of the Agricultural Act of 2014 (7 U.S.C. 3371 note), under the 

matching requirements in laws in effect on the date before the 

date of enactment of such section: Provided, That the requirements 

of 7 U.S.C. 450i(b)(9) shall continue to apply. 

SEC. 733. (a) For the period beginning on the date of enactment 

of this Act through school year 2016–2017, with respect to the 

school lunch program established under the Richard B. Russell 

National School Lunch Act (42 U.S.C. 1751 et seq.) or the school 

breakfast program established under the Child Nutrition Act of 

1966 (42 U.S.C. 1771 et seq.) and final regulations published by 

the Department of Agriculture in the Federal Register on January 

26, 2012 (77 Fed. Reg. 4088 et seq.), the Secretary shall allow 

States to grant an exemption from the whole grain requirements 

that took effect on or after July 1, 2014, and the States shall 

establish a process for evaluating and responding, in a reasonable 

amount of time, to requests for an exemption: Provided, That school 

food authorities demonstrate hardship, including financial hardship, 

in procuring specific whole grain products which are acceptable 


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to the students and compliant with the whole grain-rich requirements: Provided further, That school food authorities shall comply 

with the applicable grain component or standard with respect to 

the school lunch or school breakfast program that was in effect 

prior to July 1, 2014. 

(b) None of the funds appropriated or otherwise made available 

by this or any other Act shall be used to pay the salaries and 

expenses of personnel to implement any regulations under the 

Richard B. Russell National School Lunch Act (42 U.S.C. 1751 

et seq.), the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), 

the Healthy, Hunger-Free Kids Act of 2010 (Public Law 111–296), 

or any other law that would require a reduction in the quantity 

of sodium contained in federally reimbursed meals, foods, and 

snacks sold in schools below Target 1 (as described in section 

220.8(f)(3) of title 7, Code of Federal Regulations (or successor 

regulations)) until the latest scientific research establishes the 

reduction is beneficial for children. 

SEC. 734. None of the funds made available by this or any 

other Act may be used to release or implement the final version 

of the eighth edition of the Dietary Guidelines for Americans, 

revised pursuant to section 301 of the National Nutrition Monitoring 

and Related Research Act of 1990 (7 U.S.C. 5341), unless the 

Secretary of Agriculture and the Secretary of Health and Human 

Services ensure that each revision to any nutritional or dietary 

information or guideline contained in the 2010 edition of the Dietary 

Guidelines for Americans and each new nutritional or dietary 

information or guideline to be included in the eighth edition of 

the Dietary Guidelines for Americans— 

(1) is based on significant scientific agreement; and 

(2) is limited in scope to nutritional and dietary information. 

SEC. 735. (a) Not later than 30 days after the date of the 

enactment of this Act, the Secretary of Agriculture shall engage 

the National Academy of Medicine to conduct a comprehensive 

study of the entire process used to establish the Advisory Committee 

for the Dietary Guidelines for Americans and the subsequent 

development of the Dietary Guidelines for Americans, most recently 

revised pursuant to section 301 of the National Nutrition Monitoring 

and Related Research Act of 1990 (7 U.S.C. 5341). The panel 

of the National Academy of Medicine selected to conduct the study 

shall include a balanced representation of individuals with broad 

experiences and viewpoints regarding nutritional and dietary 

information. 

(b) The study required by subsection (a) shall include the following: 

(1) An analysis of each of the following: 

(A) How the Dietary Guidelines for Americans can 

better prevent chronic disease, ensure nutritional sufficiency for all Americans, and accommodate a range of 

individual factors, including age, gender, and metabolic 

health. 

(B) How the advisory committee selection process can 

be improved to provide more transparency, eliminate bias, 

and include committee members with a range of viewpoints. 

(C) How the Nutrition Evidence Library is compiled 

and utilized, including whether Nutrition Evidence Library 

reviews and other systematic reviews and data analysis 


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are conducted according to rigorous and objective scientific 

standards. 

(D) How systematic reviews are conducted on longstanding Dietary Guidelines for Americans recommendations, including whether scientific studies are included from 

scientists with a range of viewpoints. 

(2) Recommendations to improve the process used to establish the Dietary Guidelines for Americans and to ensure the 

Dietary Guidelines for Americans reflect balanced sound 

science. 

(c) There is hereby appropriated $1,000,000 to conduct the 

study required by subsection (a). 

SEC. 736. The unobligated balances identified by the Treasury 

Appropriation Fund Symbol 12X0113 are rescinded. 

SEC. 737. None of the funds made available by this Act may 

be used by the Secretary of Agriculture, acting through the Food 

and Nutrition Service, to commence any new research and evaluation projects until the Secretary submits to the Committees on 

Appropriations of both Houses of Congress a research and evaluation plan for fiscal year 2016, prepared in coordination with the 

Research, Education, and Economics mission area of the Department of Agriculture, and a period of 30 days beginning on the 

date of the submission of the plan expires to permit Congressional 

review of the plan. 

SEC. 738. Of the unobligated prior year funds identified by 

Treasury Appropriation Fund Symbol 12X1980 where obligations 

have been cancelled, $13,000,000 is rescinded. 

SEC. 739. The unobligated balances identified by the Treasury 

Appropriation Fund Symbol 12X3318, 12X1010, 12X1090, 12X1907, 

12X0402, 12X3508, and 12X3322 are rescinded. 

SEC. 740. Section 166 of the Federal Agriculture Improvement 

and Reform Act of 1996 (7 U.S.C. 7286) is amended— 

(1) by striking ‘‘and title I of the Food, Conservation, and 

Energy Act of 2008’’ both places it appears and inserting ‘‘title 

I of the Food, Conservation, and Energy Act of 2008, and 

Subtitle B of title I of the Agricultural Act of 2014’’; and 

(2) by amending paragraph (3) of subsection (c) to read 

as follows: 

‘‘(3) APPLICATION OF AUTHORITY.—Beginning with the 2015 

crop marketing year, the Secretary shall carry out paragraph 

(1) under the same terms and conditions as were in effect 

for the 2008 crop year for loans made to producers under 

subtitle B of title I of the Food, Conservation, and Energy 

Act of 2008 (7 U.S.C. 8701 et seq.).’’. 

SEC. 741. (a) There is hereby appropriated $5,000,000 to provide 

competitive grants to State agencies for subgrants to local educational agencies and schools to purchase the equipment needed 

to serve healthier meals, improve food safety, and to help support 

the establishment, maintenance, or expansion of the school breakfast program, to remain available until expended. 

(b) There is hereby appropriated $7,000,000 to carry out section 

749(g) of the Agriculture Appropriations Act of 2010 (Public Law 

111–80), to remain available until expended. 

SEC. 742. Of the unobligated balances identified by the Treasury 

Appropriation Fund Symbol 12X1072, $20,000,000 is hereby 

rescinded: Provided, That no amounts may be rescinded from 

amounts that were designated by Congress as an emergency 


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requirement or for disaster relief requirement pursuant to a Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985. 

SEC. 743. In carrying out subsection (h) of section 502 of the 

Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture 

shall have the same authority with respect to loans guaranteed 

under such section and eligible lenders for such loans as the Secretary has under subsections (h) and (j) of section 538 of such 

Act (42 U.S.C. 1490p–2) with respect to loans guaranteed under 

such section 538 and eligible lenders for such loans. 

SEC. 744. There is hereby appropriated $8,000,000, to remain 

available until expended, to carry out section 6407 of the Farm 

Security and Rural Investment Act of 2002 (7 U.S.C. 8107a): Provided, That the Secretary launch the program authorized by this 

section during the 2016 fiscal year and that it be carried out 

through the Rural Utilities Service: Provided further, That, within 

60 days of enactment of this Act, the Secretary shall provide a 

report to the Committees on Appropriations of both Houses of 

Congress on how the Rural Utilities Service will implement section 

6407 during the 2016 fiscal year. 

SEC. 745. Of the unobligated balances of appropriations in 

Public Law 108–199, Public Law 109–234, and Public Law 110– 

28 made available for the ‘‘Emergency Watershed Protection Program’’, $2,400,000 shall be available for the purposes of such program for any disaster occurring fiscal year 2016 or fiscal year 

2017, and shall remain available until expended. 

SEC. 746. None of the funds made available by this Act may 

be used to propose, promulgate, or implement any rule, or take 

any other action with respect to, allowing or requiring information 

intended for a prescribing health care professional, in the case 

of a drug or biological product subject to section 503(b)(1) of the 

Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to 

be distributed to such professional electronically (in lieu of in paper 

form) unless and until a Federal law is enacted to allow or require 

such distribution. 

SEC. 747. None of the funds made available by this Act may 

be used to implement, administer, or enforce the final rule entitled 

‘‘Food Labeling; Nutrition Labeling of Standard Menu Items in 

Restaurants and Similar Retail Food Establishments’’ published 

by the Food and Drug Administration in the Federal Register 

on December 1, 2014 (79 Fed. Reg. 71156 et seq.) until the later 

of— 

(1) December 1, 2016; or 

(2) the date that is one year after the date on which 

the Secretary of Health and Human Services publishes Level 

1 guidance with respect to nutrition labeling of standard menu 

items in restaurants and similar retail food establishments 

in accordance with paragraphs (g)(1)(i), (g)(1)(ii), (g)(1)(iii), and 

(g)(1)(iv) of section 10.115 of title 21, Code of Federal Regulations. 

SEC. 748. In addition to funds appropriated in this Act, there is hereby appropriated $250,000,000, to remain available until 

expended, under the heading ‘‘Food for Peace Title II Grants’’: 

Provided, That the funds made available under this section shall 

be used for the purposes set forth in the Food for Peace Act 

for both emergency and non-emergency purposes: Provided further, 

That the funds made available by this section used for emergency 


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programs may be prioritized to respond to emergency food needs 

involving conflict in the Middle East and to address other urgent 

food needs around the world: Provided further, That of the funds 

made available under this section, $20,000,000 shall be used to 

reimburse the Commodity Credit Corporation for the release of 

eligible commodities under section 302(f)(2)(A) of the Bill Emerson 

Humanitarian Trust Act (7 U.S.C. 1736f–1). 

SEC. 749. None of the funds made available by this Act may 

be used to notify a sponsor or otherwise acknowledge receipt of 

a submission for an exemption for investigational use of a drug 

or biological product under section 505(i) of the Federal Food, Drug, 

and Cosmetic Act (21 U.S.C. 355(i)) or section 351(a)(3) of the 

Public Health Service Act (42 U.S.C. 262(a)(3)) in research in which 

a human embryo is intentionally created or modified to include 

a heritable genetic modification. Any such submission shall be 

deemed to have not been received by the Secretary, and the exemption may not go into effect. 

SEC. 750. None of the funds made available by this or any 

other Act may be used to implement or enforce any provision 

of the FDA Food Safety Modernization Act (Public Law 111–353), 

including the amendments made thereby, with respect to the regulation of the distribution, sale, or receipt of dried spent grain 

byproducts of the alcoholic beverage production process, irrespective 

of whether such byproducts are solely intended for use as animal 

feed. 

SEC. 751. (a) Of the unobligated balances from amounts made 

available in fiscal year 2015 for the supplemental nutrition program 

as authorized by section 17 of the Child Nutrition Act of 1966 

(42 U.S.C. 1786), $220,000,000 are hereby rescinded. 

(b) In addition to amounts provided elsewhere in this Act, 

there is hereby appropriated for ‘‘Special Supplemental Nutrition 

Program for Women, Infants, and Children’’, $220,000,000, to 

remain available until expended, for management information systems, including WIC electronic benefit transfer systems and activities. 

SEC. 752. (a) The Secretary of Agriculture shall— 

(1) within 4 months of the date of enactment of this Act, 

establish a prioritization process for APHIS to conduct audits 

or reviews of countries or regions that have received animal 

health status recognitions by APHIS and provide a description 

of this process to the Committee on Appropriations of the 

House, Committee on Appropriations of the Senate, Committee 

on Agriculture of the House, and Committee on Agriculture, 

Nutrition, and Forestry of the Senate; 

(2) conduct audits in a manner that evaluates the following 

factors in the country or region being audited, as applicable: 

(A) veterinary control and oversight; 

(B) disease history and vaccination practices; 

(C) livestock demographics and traceability; 

(D) epidemiological separation from potential sources 

of infection; 

(E) surveillance practices; 

(F) diagnostic laboratory capabilities; and 

(G) emergency preparedness and response. 

(3) promptly make publicly available the final reports of 

any audits or reviews conducted pursuant to subsection (2); 

and 


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(b) This section shall be applied in a manner consistent with 

United States obligations under its international trade agreements. 

SEC. 753. None of the funds made available by this Act may 

be used to carry out any activities or incur any expense related 

to the issuance of licenses under section 3 of the Animal Welfare 

Act (7 U.S.C. 2133), or the renewal of such licenses, to class B 

dealers who sell dogs and cats for use in research, experiments, 

teaching, or testing. 

SEC. 754. No partially hydrogenated oils as defined in the 

order published by the Food and Drug Administration in the Federal 

Register on June 17, 2015 (80 Fed. Reg. 34650 et seq.) shall be 

deemed unsafe within the meaning of section 409(a) and no food 

that is introduced or delivered for introduction into interstate commerce that bears or contains a partially hydrogenated oil shall 

be deemed adulterated under sections 402(a)(1) or 402(a)(2)(C)(i) 

by virtue of bearing or containing a partially hydrogenated oil 

until the compliance date as specified in such order (June 18, 

2018). 

SEC. 755. Notwithstanding any other provision of law— 

(1) the Secretary of Agriculture shall implement section 12106 

of the Agricultural Act of 2014 and the amendments made by 

such section (21 U.S.C. 601 note; Public Law 113–79), including 

any regulation or guidance the Secretary of Agriculture issues to 

carry out such section or the amendments made by such section; 

and 

(2) the Secretary of Health and Human Services shall implement section 403(t) of the Federal Food, Drug, and Cosmetic Act 

(21 U.S.C. 343(t)), including any regulation or guidance the Secretary of Health and Human Services issues to carry out such 

section. 

SEC. 756. There is hereby appropriated $600,000 for the purposes of section 727 of division A of Public Law 112–55. 

SEC. 757. In addition to amounts otherwise made available 

by this Act and notwithstanding the last sentence of 16 U.S.C. 

1310, there is appropriated $4,000,000, to remain available until 

expended, to implement non-renewable agreements on eligible 

lands, including flooded agricultural lands, as determined by the 

Secretary, under the Water Bank Act (16 U.S.C. 1301–1311). 

SEC. 758. The Secretary shall set aside for Rural Economic 

Area Partnership (REAP) Zones, until August 15, 2016, an amount 

of funds made available in title III under the headings of Rural 

Housing Insurance Fund Program Account, Mutual and Self-Help 

Housing Grants, Rural Housing Assistance Grants, Rural Community Facilities Program Account, Rural Business Program Account, 

Rural Development Loan Fund Program Account, and Rural Water 

and Waste Disposal Program Account, equal to the amount obligated in REAP Zones with respect to funds provided under such 

headings in the most recent fiscal year any such funds were obligated under such headings for REAP Zones. 

SEC. 759. (a) Section 281 of the Agricultural Marketing Act 

of 1946 (7 U.S.C. 1638) is amended— 

(1) by striking paragraphs (1) and (7); 

(2) by redesignating paragraphs (2), (3), (4), (5), (6), (8), 

and (9) as paragraphs (1), (2), (3), (4), (5), (6), and (7), respectively; and 

(3) in paragraph (1)(A) (as so redesignated)— 

(A) in clause (i), by striking ‘‘beef,’’ and ‘‘, pork,’’; and 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2285 

(B) in clause (ii), by striking ‘‘ground beef,’’ and ‘‘, 

ground pork,’’. 

(b) Section 282 of the Agricultural Marketing Act of 1946 (7 

U.S.C. 1638a) is amended— 

(1) in subsection (a)(2)— 

(A) in the heading, by striking ‘‘BEEF,’’ and ‘‘PORK,’’; 

(B) by striking ‘‘beef,’’ and ‘‘pork,’’ each place it appears 

in subparagraphs (A), (B), (C), and (D); and 

(C) in subparagraph (E)— 

(i) in the heading, by striking ‘‘BEEF, PORK,’’; and 

(ii) by striking ‘‘ground beef, ground pork,’’ each 

place it appears; and 

(2) in subsection (f)(2)— 

(A) by striking subparagraphs (B) and (C); and 

(B) by redesignating subparagraphs (D) and (E) as 

subparagraphs (B) and (C), respectively. 

SEC. 760. The Secretary of Agriculture and the Secretary’s 

designees are hereby granted the same access to information and 

subject to the same requirements applicable to the Secretary of 

Housing and Urban Development as provided in section 453(j) of 

the Social Security Act (42 U.S.C. 653(j)) and section 

6103(l)(7)(D)(ix) of the Internal Revenue Code of 1986 (26 U.S.C. 

6103(l)(7)(D)(ix)) to verify the income for individuals participating 

in sections 502, 504, 521, and 542 of the Housing Act of 1949 

(42 U.S.C. 1472, 1474, 1490a, and 1490r). 

SEC. 761. (a) During fiscal year 2016, the Food and Drug 

Administration (FDA) shall not allow the introduction or delivery 

for introduction into interstate commerce of any food that contains 

genetically engineered salmon until FDA publishes final labeling 

guidelines for informing consumers of such content; and 

(b) Of the amounts made available to the Food and Drug 

Administration, Salaries and Expenses, not less than $150,000 shall 

be used to develop labeling guidelines and implement a program 

to disclose to consumers whether salmon offered for sale to consumers is a genetically engineered variety. 

SEC. 762. The Secretary may charge a fee for lenders to access 

Department loan guarantee systems in connection with such 

lenders’ participation in loan guarantee programs of the Rural 

Housing Service: Provided, That the funds collected from such fees 

shall be made available to the Secretary without further appropriation and such funds shall be deposited into the Rural Development 

Salaries and Expense Account and shall remain available until 

expended for obligation and expenditure by the Secretary for 

administrative expenses of the Rural Housing Service Loan Guarantee Program in addition to other available funds: Provided further, That such fees collected shall not exceed $50 per loan. 

SEC. 763. None of the funds made available by this Act or 

any other Act may be used— 

(1) in contravention of section 7606 of the Agricultural 

Act of 2014 (7 U.S.C. 5940); or 

(2) to prohibit the transportation, processing, sale, or use 

of industrial hemp that is grown or cultivated in accordance 

with subsection section 7606 of the Agricultural Act of 2014, 

within or outside the State in which the industrial hemp is 

grown or cultivated. 

SEC. 764. For an additional amount for ‘‘Animal and Plant 

Health Inspection Service, Salaries and Expenses’’, $5,500,000, to 


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remain available until September 30, 2017, for one-time control 

and management and associated activities directly related to the 

multiple-agency response to citrus greening. 

SEC. 765. Section 529(b)(5) of the Federal Food, Drug, and 

Cosmetic Act (21 U.S.C. 360ff(b)(5)) is amended by striking ‘‘the 

last day’’ and all that follows through the period at the end and 

inserting ‘‘September 30, 2016.’’. 

SEC. 766. Notwithstanding any other provision of law, for purposes of applying the Federal Food, Drug, and Cosmetic Act (21 

U.S.C. 301 et seq.)— 

(1) the acceptable market name of Gadus chalcogrammus, 

formerly known as Theragra chalcogramma, is ‘‘pollock’’; and 

(2) the term ‘‘Alaskan Pollock’’ or ‘‘ ‘Alaska Pollock’ ’’ may 

be used in labeling to refer solely to ‘‘pollock’’ harvested in 

the State waters of Alaska or the exclusive economic zone 

(as that term is defined in section 3 of the Magnuson-Stevens 

Fishery Conservation and Management Act (16 U.S.C. 1802)) 

adjacent to Alaska. 

SEC. 767. None of the funds appropriated or otherwise made 

available by this Act shall be used to pay the salaries and expenses 

of personnel— 

(1) to inspect horses under section 3 of the Federal Meat 

Inspection Act (21 U.S.C. 603); 

(2) to inspect horses under section 903 of the Federal 

Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 

1901 note; Public Law 104–127); or 

(3) to implement or enforce section 352.19 of title 9, Code 

of Federal Regulations (or a successor regulation). 

This division may be cited as the ‘‘Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2016’’. 

DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2016 

TITLE I 

DEPARTMENT OF COMMERCE 

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

For necessary expenses for international trade activities of 

the Department of Commerce provided for by law, and for engaging 

in trade promotional activities abroad, including expenses of grants 

and cooperative agreements for the purpose of promoting exports 

of United States firms, without regard to sections 3702 and 3703 

of title 44, United States Code; full medical coverage for dependent 

members of immediate families of employees stationed overseas 

and employees temporarily posted overseas; travel and transportation of employees of the International Trade Administration 

between two points abroad, without regard to section 40118 of 

title 49, United States Code; employment of citizens of the United 

States and aliens by contract for services; rental of space abroad 

for periods not exceeding 10 years, and expenses of alteration, 

repair, or improvement; purchase or construction of temporary 

demountable exhibition structures for use abroad; payment of tort 

Departments of 

Commerce, 

Justice, Science, 

and Related 

Agencies 

Appropriations 

Act, 2016. 

Department of 

Commerce 

Appropriations 

Act, 2016. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2287 

claims, in the manner authorized in the first paragraph of section 

2672 of title 28, United States Code, when such claims arise in 

foreign countries; not to exceed $294,300 for official representation 

expenses abroad; purchase of passenger motor vehicles for official 

use abroad, not to exceed $45,000 per vehicle; obtaining insurance 

on official motor vehicles; and rental of tie lines, $493,000,000, 

to remain available until September 30, 2017, of which $10,000,000 

is to be derived from fees to be retained and used by the International Trade Administration, notwithstanding section 3302 of 

title 31, United States Code: Provided, That, of amounts provided 

under this heading, not less than $16,400,000 shall be for China 

antidumping and countervailing duty enforcement and compliance 

activities: Provided further, That of the amounts provided for the 

International Trade Administration under this title, $5,000,000 

shall not be available for obligation or expenditure until 15 days 

after the Undersecretary of Commerce for International Trade submits to the Committees on Appropriations of the House of Representatives and the Senate the report and certification detailed 

in the explanatory statement described in section 4 (in the matter 

preceding division A of this consolidated Act): Provided further, 

That the provisions of the first sentence of section 105(f) and all 

of section 108(c) of the Mutual Educational and Cultural Exchange 

Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying 

out these activities; and that for the purpose of this Act, contributions under the provisions of the Mutual Educational and Cultural 

Exchange Act of 1961 shall include payment for assessments for 

services provided as part of these activities. 

BUREAU OF INDUSTRY AND SECURITY

OPERATIONS AND ADMINISTRATION

For necessary expenses for export administration and national 

security activities of the Department of Commerce, including costs 

associated with the performance of export administration field 

activities both domestically and abroad; full medical coverage for 

dependent members of immediate families of employees stationed 

overseas; employment of citizens of the United States and aliens 

by contract for services abroad; payment of tort claims, in the 

manner authorized in the first paragraph of section 2672 of title 

28, United States Code, when such claims arise in foreign countries; 

not to exceed $13,500 for official representation expenses abroad; 

awards of compensation to informers under the Export Administration Act of 1979, and as authorized by section 1(b) of the Act 

of June 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); and purchase 

of passenger motor vehicles for official use and motor vehicles 

for law enforcement use with special requirement vehicles eligible 

for purchase without regard to any price limitation otherwise established by law, $112,500,000, to remain available until expended: 

Provided, That the provisions of the first sentence of section 105(f) 

and all of section 108(c) of the Mutual Educational and Cultural 

Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply 

in carrying out these activities: Provided further, That payments 

and contributions collected and accepted for materials or services 

provided as part of such activities may be retained for use in 

covering the cost of such activities, and for providing information 

to the public with respect to the export administration and national 


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security activities of the Department of Commerce and other export 

control programs of the United States and other governments. 

ECONOMIC DEVELOPMENT ADMINISTRATION

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

For grants for economic development assistance as provided 

by the Public Works and Economic Development Act of 1965, for 

trade adjustment assistance, and for grants authorized by section 

27 of the Stevenson-Wydler Technology Innovation Act of 1980 

(15 U.S.C. 3722), $222,000,000, to remain available until expended, 

of which $15,000,000 shall be for grants under such section 27. 

SALARIES AND EXPENSES

For necessary expenses of administering the economic development assistance programs as provided for by law, $39,000,000: 

Provided, That these funds may be used to monitor projects 

approved pursuant to title I of the Public Works Employment 

Act of 1976, title II of the Trade Act of 1974, section 27 of the 

Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 

3722), and the Community Emergency Drought Relief Act of 1977. 

MINORITY BUSINESS DEVELOPMENT AGENCY

MINORITY BUSINESS DEVELOPMENT

For necessary expenses of the Department of Commerce in 

fostering, promoting, and developing minority business enterprise, 

including expenses of grants, contracts, and other agreements with 

public or private organizations, $32,000,000. 

ECONOMIC AND STATISTICAL ANALYSIS

SALARIES AND EXPENSES

For necessary expenses, as authorized by law, of economic 

and statistical analysis programs of the Department of Commerce, 

$109,000,000, to remain available until September 30, 2017. 

BUREAU OF THE CENSUS

CURRENT SURVEYS AND PROGRAMS

For necessary expenses for collecting, compiling, analyzing, preparing and publishing statistics, provided for by law, $270,000,000: 

Provided, That, from amounts provided herein, funds may be used 

for promotion, outreach, and marketing activities: Provided further, That the Bureau of the Census shall collect and analyze data 

for the Annual Social and Economic Supplement to the Current 

Population Survey using the same health insurance questions 

included in previous years, in addition to the revised questions 

implemented in the Current Population Survey beginning in February 2014. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2289 

PERIODIC CENSUSES AND PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for collecting, compiling, analyzing, preparing and publishing statistics for periodic censuses and programs 

provided for by law, $1,100,000,000, to remain available until September 30, 2017: Provided, That, from amounts provided herein, 

funds may be used for promotion, outreach, and marketing activities: Provided further, That within the amounts appropriated, 

$1,551,000 shall be transferred to the ‘‘Office of Inspector General’’ 

account for activities associated with carrying out investigations 

and audits related to the Bureau of the Census: Provided further, 

That not more than 50 percent of the amounts made available 

under this heading for information technology related to 2020 

census delivery, including the Census Enterprise Data Collection 

and Processing (CEDCaP) program, may be obligated until the 

Secretary submits to the Committees on Appropriations of the 

House of Representatives and the Senate a plan for expenditure 

that: (1) identifies for each CEDCaP project/investment over 

$25,000: (A) the functional and performance capabilities to be delivered and the mission benefits to be realized; (B) the estimated 

lifecycle cost, including estimates for development as well as maintenance and operations; and (C) key milestones to be met; (2) details 

for each project/investment: (A) reasons for any cost and schedule 

variances; and (B) top risks and mitigation strategies; and (3) 

has been submitted to the Government Accountability Office. 

NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses, as provided for by law, of the National 

Telecommunications and Information Administration (NTIA), 

$39,500,000, to remain available until September 30, 2017: Provided, That, notwithstanding 31 U.S.C. 1535(d), the Secretary of 

Commerce shall charge Federal agencies for costs incurred in spectrum management, analysis, operations, and related services, and 

such fees shall be retained and used as offsetting collections for 

costs of such spectrum services, to remain available until expended: 

Provided further, That the Secretary of Commerce is authorized 

to retain and use as offsetting collections all funds transferred, 

or previously transferred, from other Government agencies for all 

costs incurred in telecommunications research, engineering, and 

related activities by the Institute for Telecommunication Sciences 

of NTIA, in furtherance of its assigned functions under this paragraph, and such funds received from other Government agencies 

shall remain available until expended. 

PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND

CONSTRUCTION

For the administration of prior-year grants, recoveries and 

unobligated balances of funds previously appropriated are available 

for the administration of all open grants until their expiration. 


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129 STAT. 2290 PUBLIC LAW 114–113—DEC. 18, 2015 

UNITED STATES PATENT AND TRADEMARK OFFICE

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the United States Patent and Trademark Office (USPTO) provided for by law, including defense of 

suits instituted against the Under Secretary of Commerce for 

Intellectual Property and Director of the USPTO, $3,272,000,000, 

to remain available until expended: Provided, That the sum herein 

appropriated from the general fund shall be reduced as offsetting 

collections of fees and surcharges assessed and collected by the 

USPTO under any law are received during fiscal year 2016, so 

as to result in a fiscal year 2016 appropriation from the general 

fund estimated at $0: Provided further, That during fiscal year 

2016, should the total amount of such offsetting collections be 

less than $3,272,000,000 this amount shall be reduced accordingly: 

Provided further, That any amount received in excess of $3,272,000,000 in fiscal year 2016 and deposited in the Patent 

and Trademark Fee Reserve Fund shall remain available until 

expended: Provided further, That the Director of USPTO shall 

submit a spending plan to the Committees on Appropriations of 

the House of Representatives and the Senate for any amounts 

made available by the preceding proviso and such spending plan 

shall be treated as a reprogramming under section 505 of this 

Act and shall not be available for obligation or expenditure except 

in compliance with the procedures set forth in that section: Provided 

further, That any amounts reprogrammed in accordance with the 

preceding proviso shall be transferred to the United States Patent 

and Trademark Office ‘‘Salaries and Expenses’’ account: Provided 

further, That from amounts provided herein, not to exceed $900 

shall be made available in fiscal year 2016 for official reception 

and representation expenses: Provided further, That in fiscal year 

2016 from the amounts made available for ‘‘Salaries and Expenses’’ 

for the USPTO, the amounts necessary to pay (1) the difference 

between the percentage of basic pay contributed by the USPTO 

and employees under section 8334(a) of title 5, United States Code, 

and the normal cost percentage (as defined by section 8331(17) 

of that title) as provided by the Office of Personnel Management 

(OPM) for USPTO’s specific use, of basic pay, of employees subject 

to subchapter III of chapter 83 of that title, and (2) the present 

value of the otherwise unfunded accruing costs, as determined 

by OPM for USPTO’s specific use of post-retirement life insurance 

and post-retirement health benefits coverage for all USPTO 

employees who are enrolled in Federal Employees Health Benefits 

(FEHB) and Federal Employees Group Life Insurance (FEGLI), 

shall be transferred to the Civil Service Retirement and Disability 

Fund, the FEGLI Fund, and the FEHB Fund, as appropriate, 

and shall be available for the authorized purposes of those accounts: 

Provided further, That any differences between the present value 

factors published in OPM’s yearly 300 series benefit letters and 

the factors that OPM provides for USPTO’s specific use shall be 

recognized as an imputed cost on USPTO’s financial statements, 

where applicable: Provided further, That, notwithstanding any other 

provision of law, all fees and surcharges assessed and collected 

by USPTO are available for USPTO only pursuant to section 42(c) 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2291 

of title 35, United States Code, as amended by section 22 of the 

Leahy-Smith America Invents Act (Public Law 112–29): Provided 

further, That within the amounts appropriated, $2,000,000 shall 

be transferred to the ‘‘Office of Inspector General’’ account for 

activities associated with carrying out investigations and audits 

related to the USPTO. 

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the National Institute of Standards and Technology (NIST), $690,000,000, to remain available until 

expended, of which not to exceed $9,000,000 may be transferred 

to the ‘‘Working Capital Fund’’: Provided, That not to exceed $5,000 

shall be for official reception and representation expenses: Provided 

further, That NIST may provide local transportation for summer 

undergraduate research fellowship program participants. 

INDUSTRIAL TECHNOLOGY SERVICES

For necessary expenses for industrial technology services, $155,000,000, to remain available until expended, of which 

$130,000,000 shall be for the Hollings Manufacturing Extension 

Partnership, and of which $25,000,000 shall be for the National 

Network for Manufacturing Innovation. 

CONSTRUCTION OF RESEARCH FACILITIES

For construction of new research facilities, including architectural and engineering design, and for renovation and maintenance 

of existing facilities, not otherwise provided for the National 

Institute of Standards and Technology, as authorized by sections 

13 through 15 of the National Institute of Standards and Technology 

Act (15 U.S.C. 278c–278e), $119,000,000, to remain available until 

expended: Provided, That the Secretary of Commerce shall include 

in the budget justification materials that the Secretary submits 

to Congress in support of the Department of Commerce budget 

(as submitted with the budget of the President under section 1105(a) 

of title 31, United States Code) an estimate for each National 

Institute of Standards and Technology construction project having 

a total multi-year program cost of more than $5,000,000, and 

simultaneously the budget justification materials shall include an 

estimate of the budgetary requirements for each such project for 

each of the 5 subsequent fiscal years. 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of activities authorized by law for the 

National Oceanic and Atmospheric Administration, including 

maintenance, operation, and hire of aircraft and vessels; grants, 

contracts, or other payments to nonprofit organizations for the 

15 USC 1513b 

note. 


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129 STAT. 2292 PUBLIC LAW 114–113—DEC. 18, 2015 

purposes of conducting activities pursuant to cooperative agreements; and relocation of facilities, $3,305,813,000, to remain available until September 30, 2017, except that funds provided for 

cooperative enforcement shall remain available until September 

30, 2018: Provided, That fees and donations received by the National 

Ocean Service for the management of national marine sanctuaries 

may be retained and used for the salaries and expenses associated 

with those activities, notwithstanding section 3302 of title 31, 

United States Code: Provided further, That in addition, 

$130,164,000 shall be derived by transfer from the fund entitled 

‘‘Promote and Develop Fishery Products and Research Pertaining 

to American Fisheries’’, which shall only be used for fishery activities related to the Saltonstall-Kennedy Grant Program, Cooperative 

Research, Annual Stock Assessments, Survey and Monitoring 

Projects, Interjurisdictional Fisheries Grants, and Fish Information 

Networks: Provided further, That of the $3,453,477,000 provided 

for in direct obligations under this heading, $3,305,813,000 is appropriated from the general fund, $130,164,000 is provided by transfer 

and $17,500,000 is derived from recoveries of prior year obligations: 

Provided further, That the total amount available for National 

Oceanic and Atmospheric Administration corporate services 

administrative support costs shall not exceed $226,300,000: Provided further, That any deviation from the amounts designated 

for specific activities in the explanatory statement described in 

section 4 (in the matter preceding division A of this consolidated 

Act), or any use of deobligated balances of funds provided under 

this heading in previous years, shall be subject to the procedures 

set forth in section 505 of this Act: Provided further, That in 

addition, for necessary retired pay expenses under the Retired 

Serviceman’s Family Protection and Survivor Benefits Plan, and 

for payments for the medical care of retired personnel and their 

dependents under the Dependents Medical Care Act (10 U.S.C. 

55), such sums as may be necessary. 

PROCUREMENT, ACQUISITION AND CONSTRUCTION

(INCLUDING TRANSFER OF FUNDS)

For procurement, acquisition and construction of capital assets, 

including alteration and modification costs, of the National Oceanic 

and Atmospheric Administration, $2,400,416,000, to remain available until September 30, 2018, except that funds provided for 

acquisition and construction of vessels and construction of facilities 

shall remain available until expended: Provided, That of the 

$2,413,416,000 provided for in direct obligations under this heading, 

$2,400,416,000 is appropriated from the general fund and 

$13,000,000 is provided from recoveries of prior year obligations: 

Provided further, That any deviation from the amounts designated 

for specific activities in the explanatory statement described in 

section 4 (in the matter preceding division A of this consolidated 

Act), or any use of deobligated balances of funds provided under 

this heading in previous years, shall be subject to the procedures 

set forth in section 505 of this Act: Provided further, That the 

Secretary of Commerce shall include in budget justification materials that the Secretary submits to Congress in support of the 

Department of Commerce budget (as submitted with the budget 

of the President under section 1105(a) of title 31, United States 

15 USC 1513a 

note. 


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Code) an estimate for each National Oceanic and Atmospheric 

Administration procurement, acquisition or construction project 

having a total of more than $5,000,000 and simultaneously the 

budget justification shall include an estimate of the budgetary 

requirements for each such project for each of the 5 subsequent 

fiscal years: Provided further, That within the amounts appropriated, $80,050,000 shall not be available for obligation or expenditure until 15 days after the Under Secretary of Commerce for 

Oceans and Atmosphere submits to the Committees on Appropriations of the House of Representatives and the Senate a fleet modernization and recapitalization plan: Provided further, That, within 

the amounts appropriated, $1,302,000 shall be transferred to the 

‘‘Office of Inspector General’’ account for activities associated with 

carrying out investigations and audits related to satellite procurement, acquisition and construction. 

PACIFIC COASTAL SALMON RECOVERY

For necessary expenses associated with the restoration of 

Pacific salmon populations, $65,000,000, to remain available until 

September 30, 2017: Provided, That, of the funds provided herein, 

the Secretary of Commerce may issue grants to the States of Washington, Oregon, Idaho, Nevada, California, and Alaska, and to the 

Federally recognized tribes of the Columbia River and Pacific Coast 

(including Alaska), for projects necessary for conservation of salmon 

and steelhead populations that are listed as threatened or endangered, or that are identified by a State as at-risk to be so listed, 

for maintaining populations necessary for exercise of tribal treaty 

fishing rights or native subsistence fishing, or for conservation 

of Pacific coastal salmon and steelhead habitat, based on guidelines 

to be developed by the Secretary of Commerce: Provided further, 

That all funds shall be allocated based on scientific and other 

merit principles and shall not be available for marketing activities: 

Provided further, That funds disbursed to States shall be subject 

to a matching requirement of funds or documented in-kind contributions of at least 33 percent of the Federal funds. 

FISHERMEN’S CONTINGENCY FUND

For carrying out the provisions of title IV of Public Law 95– 

372, not to exceed $350,000, to be derived from receipts collected 

pursuant to that Act, to remain available until expended. 

FISHERIES FINANCE PROGRAM ACCOUNT

Subject to section 502 of the Congressional Budget Act of 1974, 

during fiscal year 2016, obligations of direct loans may not exceed 

$24,000,000 for Individual Fishing Quota loans and not to exceed 

$100,000,000 for traditional direct loans as authorized by the Merchant Marine Act of 1936. 

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

For necessary expenses for the management of the Department 

of Commerce provided for by law, including not to exceed $4,500 

for official reception and representation, $58,000,000: Provided, 


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That within amounts provided, the Secretary of Commerce may 

use up to $2,500,000 to engage in activities to provide businesses 

and communities with information about and referrals to relevant 

Federal, State, and local government programs. 

RENOVATION AND MODERNIZATION

For necessary expenses for the renovation and modernization of Department of Commerce facilities, $19,062,000, to remain available until expended. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978 

(5 U.S.C. App.), $32,000,000. 

GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

(INCLUDING TRANSFER OF FUNDS)

SEC. 101. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce 

by this Act shall be available for the activities specified in the 

Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in 

the manner prescribed by the Act, and, notwithstanding 31 U.S.C. 

3324, may be used for advanced payments not otherwise authorized 

only upon the certification of officials designated by the Secretary 

of Commerce that such payments are in the public interest. 

SEC. 102. During the current fiscal year, appropriations made 

available to the Department of Commerce by this Act for salaries 

and expenses shall be available for hire of passenger motor vehicles 

as authorized by 31 U.S.C. 1343 and 1344; services as authorized 

by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized 

by law (5 U.S.C. 5901–5902). 

SEC. 103. Not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Department of Commerce 

in this Act may be transferred between such appropriations, but 

no such appropriation shall be increased by more than 10 percent 

by any such transfers: Provided, That any transfer pursuant to 

this section shall be treated as a reprogramming of funds under 

section 505 of this Act and shall not be available for obligation 

or expenditure except in compliance with the procedures set forth 

in that section: Provided further, That the Secretary of Commerce 

shall notify the Committees on Appropriations at least 15 days 

in advance of the acquisition or disposal of any capital asset 

(including land, structures, and equipment) not specifically provided 

for in this Act or any other law appropriating funds for the Department of Commerce. 

SEC. 104. The requirements set forth by section 105 of the 

Commerce, Justice, Science, and Related Agencies Appropriations 

Act, 2012 (Public Law 112–55), as amended by section 105 of 

title I of division B of Public Law 113–6, are hereby adopted 

by reference and made applicable with respect to fiscal year 2016: 

Provided, That the life cycle cost for the Joint Polar Satellite System 

is $11,322,125,000 and the life cycle cost for the Geostationary 

Operational Environmental Satellite R-Series Program is 

$10,828,059,000. 

33 USC 878a 

note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2295 

SEC. 105. Notwithstanding any other provision of law, the 

Secretary may furnish services (including but not limited to utilities, 

telecommunications, and security services) necessary to support 

the operation, maintenance, and improvement of space that persons, 

firms, or organizations are authorized, pursuant to the Public 

Buildings Cooperative Use Act of 1976 or other authority, to use 

or occupy in the Herbert C. Hoover Building, Washington, DC, 

or other buildings, the maintenance, operation, and protection of 

which has been delegated to the Secretary from the Administrator 

of General Services pursuant to the Federal Property and Administrative Services Act of 1949 on a reimbursable or non-reimbursable 

basis. Amounts received as reimbursement for services provided 

under this section or the authority under which the use or occupancy 

of the space is authorized, up to $200,000, shall be credited to 

the appropriation or fund which initially bears the costs of such 

services. 

SEC. 106. Nothing in this title shall be construed to prevent 

a grant recipient from deterring child pornography, copyright 

infringement, or any other unlawful activity over its networks. 

SEC. 107. The Administrator of the National Oceanic and 

Atmospheric Administration is authorized to use, with their consent, 

with reimbursement and subject to the limits of available appropriations, the land, services, equipment, personnel, and facilities of 

any department, agency, or instrumentality of the United States, 

or of any State, local government, Indian tribal government, Territory, or possession, or of any political subdivision thereof, or of 

any foreign government or international organization, for purposes 

related to carrying out the responsibilities of any statute administered by the National Oceanic and Atmospheric Administration. 

SEC. 108. The National Technical Information Service shall 

not charge any customer for a copy of any report or document 

generated by the Legislative Branch unless the Service has provided 

information to the customer on how an electronic copy of such 

report or document may be accessed and downloaded for free online. 

Should a customer still require the Service to provide a printed 

or digital copy of the report or document, the charge shall be 

limited to recovering the Service’s cost of processing, reproducing, 

and delivering such report or document. 

SEC. 109. The Secretary of Commerce may waive the requirement for bonds under 40 U.S.C. 3131 with respect to contracts 

for the construction, alteration, or repair of vessels, regardless 

of the terms of the contracts as to payment or title, when the 

contract is made under the Coast and Geodetic Survey Act of 

1947 (33 U.S.C. 883a et seq.). 

SEC. 110. (a) None of the funds made available by this Act 

or any other appropriations Act may be used by the Secretary 

of Commerce for management activities pursuant to the Fishery 

Management Plan for the Reef Fish Resources of the Gulf of Mexico 

or any amendment to such Plan unless such management is conducted beyond the seaward boundary of a coastal State as set 

out under subsection (b). 

(b) Notwithstanding any other provision of law, for the purpose 

of carrying out activities pursuant to the Fishery Management 

Plan for the Reef Fish Resources of the Gulf of Mexico or any 

amendment to such Plan, the seaward boundary of a coastal State 

in the Gulf of Mexico is a line 9 nautical miles seaward from 


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129 STAT. 2296 PUBLIC LAW 114–113—DEC. 18, 2015 

the baseline from which the territorial sea of the United States 

is measured. 

SEC. 111. To carry out the responsibilities of the National 

Oceanic and Atmospheric Administration (NOAA), the Administrator of NOAA is authorized to: (1) enter into grants and cooperative agreements with; (2) use on a non-reimbursable basis land, 

services, equipment, personnel, and facilities provided by; and (3) 

receive and expend funds made available on a consensual basis 

from: a Federal agency, State or subdivision thereof, local government, tribal government, territory, or possession or any subdivisions 

thereof: Provided, That funds received for permitting and related 

regulatory activities pursuant to this section shall be deposited 

under the heading ‘‘National Oceanic and Atmospheric Administration—Operations, Research, and Facilities’’ and shall remain available until September 30, 2018, for such purposes: Provided further, That all funds within this section and their corresponding uses 

are subject to section 505 of this Act. 

SEC. 112. Amounts provided by this Act or by any prior appropriations Act that remain available for obligation, for necessary 

expenses of the programs of the Economics and Statistics Administration of the Department of Commerce, including amounts provided 

for programs of the Bureau of Economic Analysis and the U.S. 

Census Bureau, shall be available for expenses of cooperative agreements with appropriate entities, including any Federal, State, or 

local governmental unit, or institution of higher education, to aid 

and promote statistical, research, and methodology activities which 

further the purposes for which such amounts have been made 

available. 

This title may be cited as the ‘‘Department of Commerce Appropriations Act, 2016’’. 

TITLE II 

DEPARTMENT OF JUSTICE 

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

For expenses necessary for the administration of the Department of Justice, $111,500,000, of which not to exceed $4,000,000 

for security and construction of Department of Justice facilities 

shall remain available until expended. 

JUSTICE INFORMATION SHARING TECHNOLOGY

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for information sharing technology, 

including planning, development, deployment and departmental 

direction, $31,000,000, to remain available until expended: Provided, That the Attorney General may transfer up to $35,400,000 

to this account, from funds available to the Department of Justice 

for information technology, to remain available until expended, 

for enterprise-wide information technology initiatives: Provided further, That the transfer authority in the preceding proviso is in 

addition to any other transfer authority contained in this Act. 

Department of 

Justice 

Appropriations 

Act, 2016. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2297 

ADMINISTRATIVE REVIEW AND APPEALS

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary for the administration of pardon and 

clemency petitions and immigration-related activities, $426,791,000, 

of which $4,000,000 shall be derived by transfer from the Executive 

Office for Immigration Review fees deposited in the ‘‘Immigration 

Examinations Fee’’ account: Provided, That of the amount available 

for the Executive Office for Immigration Review, not to exceed 

$15,000,000 shall remain available until expended. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General, $93,709,000, including not to exceed $10,000 to meet unforeseen 

emergencies of a confidential character. 

UNITED STATES PAROLE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the United States Parole Commission as authorized, $13,308,000: Provided, That, notwithstanding any 

other provision of law, upon the expiration of a term of office 

of a Commissioner, the Commissioner may continue to act until 

a successor has been appointed. 

LEGAL ACTIVITIES

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, including not to exceed 

$20,000 for expenses of collecting evidence, to be expended under 

the direction of, and to be accounted for solely under the certificate 

of, the Attorney General; and rent of private or Government-owned 

space in the District of Columbia, $893,000,000, of which not to 

exceed $20,000,000 for litigation support contracts shall remain 

available until expended: Provided, That of the amount provided 

for INTERPOL Washington dues payments, not to exceed $685,000 

shall remain available until expended: Provided further, That of 

the total amount appropriated, not to exceed $9,000 shall be available to INTERPOL Washington for official reception and representation expenses: Provided further, That notwithstanding section 205 

of this Act, upon a determination by the Attorney General that 

emergent circumstances require additional funding for litigation 

activities of the Civil Division, the Attorney General may transfer 

such amounts to ‘‘Salaries and Expenses, General Legal Activities’’ 

from available appropriations for the current fiscal year for the 

Department of Justice, as may be necessary to respond to such 

circumstances: Provided further, That any transfer pursuant to 

the preceding proviso shall be treated as a reprogramming under 

section 505 of this Act and shall not be available for obligation 

or expenditure except in compliance with the procedures set forth 

in that section: Provided further, That of the amount appropriated, 

such sums as may be necessary shall be available to the Civil 


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129 STAT. 2298 PUBLIC LAW 114–113—DEC. 18, 2015 

Rights Division for salaries and expenses associated with the election monitoring program under section 8 of the Voting Rights Act 

of 1965 (52 U.S.C. 10305) and to reimburse the Office of Personnel 

Management for such salaries and expenses: Provided further, That 

of the amounts provided under this heading for the election monitoring program, $3,390,000 shall remain available until expended. 

In addition, for reimbursement of expenses of the Department 

of Justice associated with processing cases under the National 

Childhood Vaccine Injury Act of 1986, not to exceed $9,358,000, 

to be appropriated from the Vaccine Injury Compensation Trust 

Fund. 

SALARIES AND EXPENSES, ANTITRUST DIVISION

For expenses necessary for the enforcement of antitrust and kindred laws, $164,977,000, to remain available until expended: 

Provided, That notwithstanding any other provision of law, fees 

collected for premerger notification filings under the Hart-ScottRodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of collection (and estimated to be $124,000,000 

in fiscal year 2016), shall be retained and used for necessary 

expenses in this appropriation, and shall remain available until 

expended: Provided further, That the sum herein appropriated from 

the general fund shall be reduced as such offsetting collections 

are received during fiscal year 2016, so as to result in a final 

fiscal year 2016 appropriation from the general fund estimated 

at $40,977,000. 

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

For necessary expenses of the Offices of the United States 

Attorneys, including inter-governmental and cooperative agreements, $2,000,000,000: Provided, That of the total amount appropriated, not to exceed $7,200 shall be available for official reception 

and representation expenses: Provided further, That not to exceed 

$25,000,000 shall remain available until expended: Provided further, That each United States Attorney shall establish or participate 

in a task force on human trafficking. 

UNITED STATES TRUSTEE SYSTEM FUND

For necessary expenses of the United States Trustee Program, 

as authorized, $225,908,000, to remain available until expended: 

Provided, That, notwithstanding any other provision of law, deposits 

to the United States Trustee System Fund and amounts herein 

appropriated shall be available in such amounts as may be necessary to pay refunds due depositors: Provided further, That, notwithstanding any other provision of law, fees collected pursuant 

to section 589a(b) of title 28, United States Code, shall be retained 

and used for necessary expenses in this appropriation and shall 

remain available until expended: Provided further, That to the 

extent that fees collected in fiscal year 2016, net of amounts necessary to pay refunds due depositors, exceed $225,908,000, those 

excess amounts shall be available in future fiscal years only to 

the extent provided in advance in appropriations Acts: Provided 

further, That the sum herein appropriated from the general fund 

shall be reduced (1) as such fees are received during fiscal year 

2016, net of amounts necessary to pay refunds due depositors, 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2299 

(estimated at $162,400,000) and (2) to the extent that any remaining 

general fund appropriations can be derived from amounts deposited 

in the Fund in previous fiscal years that are not otherwise appropriated, so as to result in a final fiscal year 2016 appropriation 

from the general fund estimated at $0. 

SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

For expenses necessary to carry out the activities of the Foreign 

Claims Settlement Commission, including services as authorized 

by section 3109 of title 5, United States Code, $2,374,000. 

FEES AND EXPENSES OF WITNESSES

For fees and expenses of witnesses, for expenses of contracts 

for the procurement and supervision of expert witnesses, for private 

counsel expenses, including advances, and for expenses of foreign 

counsel, $270,000,000, to remain available until expended, of which 

not to exceed $16,000,000 is for construction of buildings for protected witness safesites; not to exceed $3,000,000 is for the purchase 

and maintenance of armored and other vehicles for witness security 

caravans; and not to exceed $13,000,000 is for the purchase, 

installation, maintenance, and upgrade of secure telecommunications equipment and a secure automated information network 

to store and retrieve the identities and locations of protected witnesses: Provided, That amounts made available under this heading 

may not be transferred pursuant to section 205 of this Act. 

SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Community Relations Service, 

$14,446,000: Provided, That notwithstanding section 205 of this 

Act, upon a determination by the Attorney General that emergent 

circumstances require additional funding for conflict resolution and 

violence prevention activities of the Community Relations Service, 

the Attorney General may transfer such amounts to the Community 

Relations Service, from available appropriations for the current 

fiscal year for the Department of Justice, as may be necessary 

to respond to such circumstances: Provided further, That any 

transfer pursuant to the preceding proviso shall be treated as 

a reprogramming under section 505 of this Act and shall not be 

available for obligation or expenditure except in compliance with 

the procedures set forth in that section. 

ASSETS FORFEITURE FUND

For expenses authorized by subparagraphs (B), (F), and (G) 

of section 524(c)(1) of title 28, United States Code, $20,514,000, 

to be derived from the Department of Justice Assets Forfeiture 

Fund. 


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129 STAT. 2300 PUBLIC LAW 114–113—DEC. 18, 2015 

UNITED STATES MARSHALS SERVICE

SALARIES AND EXPENSES

For necessary expenses of the United States Marshals Service, 

$1,230,581,000, of which not to exceed $6,000 shall be available 

for official reception and representation expenses, and not to exceed 

$15,000,000 shall remain available until expended. 

CONSTRUCTION

For construction in space controlled, occupied or utilized by 

the United States Marshals Service for prisoner holding and related 

support, $15,000,000, to remain available until expended. 

FEDERAL PRISONER DETENTION

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses related to United States prisoners in 

the custody of the United States Marshals Service as authorized 

by section 4013 of title 18, United States Code, $1,454,414,000, 

to remain available until expended: Provided, That not to exceed 

$20,000,000 shall be considered ‘‘funds appropriated for State and 

local law enforcement assistance’’ pursuant to section 4013(b) of 

title 18, United States Code: Provided further, That the United 

States Marshals Service shall be responsible for managing the 

Justice Prisoner and Alien Transportation System: Provided further, 

That any unobligated balances available from funds appropriated 

under the heading ‘‘General Administration, Detention Trustee’’ 

shall be transferred to and merged with the appropriation under 

this heading. 

NATIONAL SECURITY DIVISION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary to carry out the activities of the 

National Security Division, $95,000,000, of which not to exceed 

$5,000,000 for information technology systems shall remain available until expended: Provided, That notwithstanding section 205 

of this Act, upon a determination by the Attorney General that 

emergent circumstances require additional funding for the activities 

of the National Security Division, the Attorney General may 

transfer such amounts to this heading from available appropriations 

for the current fiscal year for the Department of Justice, as may 

be necessary to respond to such circumstances: Provided further, 

That any transfer pursuant to the preceding proviso shall be treated 

as a reprogramming under section 505 of this Act and shall not 

be available for obligation or expenditure except in compliance 

with the procedures set forth in that section. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2301 

INTERAGENCY LAW ENFORCEMENT

INTERAGENCY CRIME AND DRUG ENFORCEMENT

For necessary expenses for the identification, investigation, and 

prosecution of individuals associated with the most significant drug 

trafficking and affiliated money laundering organizations not otherwise provided for, to include inter-governmental agreements with 

State and local law enforcement agencies engaged in the investigation and prosecution of individuals involved in organized crime 

drug trafficking, $512,000,000, of which $50,000,000 shall remain 

available until expended: Provided, That any amounts obligated 

from appropriations under this heading may be used under authorities available to the organizations reimbursed from this appropriation. 

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

For necessary expenses of the Federal Bureau of Investigation 

for detection, investigation, and prosecution of crimes against the 

United States, $8,489,786,000, of which not to exceed $216,900,000 

shall remain available until expended: Provided, That not to exceed 

$184,500 shall be available for official reception and representation 

expenses. 

CONSTRUCTION

For necessary expenses, to include the cost of equipment, furniture, and information technology requirements, related to 

construction or acquisition of buildings, facilities and sites by purchase, or as otherwise authorized by law; conversion, modification 

and extension of federally owned buildings; and preliminary planning and design of projects; $308,982,000, to remain available until 

expended. 

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000 to meet unforeseen emergencies of a confidential character pursuant to section 530C of 

title 28, United States Code; and expenses for conducting drug 

education and training programs, including travel and related 

expenses for participants in such programs and the distribution 

of items of token value that promote the goals of such programs, 

$2,080,000,000, of which not to exceed $75,000,000 shall remain 

available until expended and not to exceed $90,000 shall be available for official reception and representation expenses. 

BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

SALARIES AND EXPENSES

For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives, for training of State and local law enforcement 


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129 STAT. 2302 PUBLIC LAW 114–113—DEC. 18, 2015 

agencies with or without reimbursement, including training in 

connection with the training and acquisition of canines for explosives and fire accelerants detection; and for provision of laboratory 

assistance to State and local law enforcement agencies, with or 

without reimbursement, $1,240,000,000, of which not to exceed 

$36,000 shall be for official reception and representation expenses, 

not to exceed $1,000,000 shall be available for the payment of 

attorneys’ fees as provided by section 924(d)(2) of title 18, United 

States Code, and not to exceed $20,000,000 shall remain available 

until expended: Provided, That none of the funds appropriated 

herein shall be available to investigate or act upon applications 

for relief from Federal firearms disabilities under section 925(c) 

of title 18, United States Code: Provided further, That such funds 

shall be available to investigate and act upon applications filed 

by corporations for relief from Federal firearms disabilities under 

section 925(c) of title 18, United States Code: Provided further, 

That no funds made available by this or any other Act may be 

used to transfer the functions, missions, or activities of the Bureau 

of Alcohol, Tobacco, Firearms and Explosives to other agencies 

or Departments. 

FEDERAL PRISON SYSTEM

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Federal Prison System for the 

administration, operation, and maintenance of Federal penal and 

correctional institutions, and for the provision of technical assistance and advice on corrections related issues to foreign governments, $6,948,500,000: Provided, That the Attorney General may 

transfer to the Department of Health and Human Services such 

amounts as may be necessary for direct expenditures by that 

Department for medical relief for inmates of Federal penal and 

correctional institutions: Provided further, That the Director of the 

Federal Prison System, where necessary, may enter into contracts 

with a fiscal agent or fiscal intermediary claims processor to determine the amounts payable to persons who, on behalf of the Federal 

Prison System, furnish health services to individuals committed 

to the custody of the Federal Prison System: Provided further, 

That not to exceed $5,400 shall be available for official reception 

and representation expenses: Provided further, That not to exceed 

$50,000,000 shall remain available for necessary operations until 

September 30, 2017: Provided further, That, of the amounts provided for contract confinement, not to exceed $20,000,000 shall 

remain available until expended to make payments in advance 

for grants, contracts and reimbursable agreements, and other 

expenses: Provided further, That the Director of the Federal Prison 

System may accept donated property and services relating to the 

operation of the prison card program from a not-for-profit entity 

which has operated such program in the past, notwithstanding 

the fact that such not-for-profit entity furnishes services under 

contracts to the Federal Prison System relating to the operation 

of pre-release services, halfway houses, or other custodial facilities. 

42 USC 250a. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2303 

BUILDINGS AND FACILITIES

For planning, acquisition of sites and construction of new facilities; purchase and acquisition of facilities and remodeling, and 

equipping of such facilities for penal and correctional use, including 

all necessary expenses incident thereto, by contract or force account; 

and constructing, remodeling, and equipping necessary buildings 

and facilities at existing penal and correctional institutions, 

including all necessary expenses incident thereto, by contract or 

force account, $530,000,000, to remain available until expended, 

of which $444,000,000 shall be available only for costs related 

to construction of new facilities: Provided, That labor of United 

States prisoners may be used for work performed under this appropriation. 

FEDERAL PRISON INDUSTRIES, INCORPORATED

The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures within the limits of funds and 

borrowing authority available, and in accord with the law, and 

to make such contracts and commitments without regard to fiscal 

year limitations as provided by section 9104 of title 31, United 

States Code, as may be necessary in carrying out the program 

set forth in the budget for the current fiscal year for such corporation. 

LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON

INDUSTRIES, INCORPORATED

Not to exceed $2,700,000 of the funds of the Federal Prison 

Industries, Incorporated, shall be available for its administrative 

expenses, and for services as authorized by section 3109 of title 

5, United States Code, to be computed on an accrual basis to 

be determined in accordance with the corporation’s current prescribed accounting system, and such amounts shall be exclusive 

of depreciation, payment of claims, and expenditures which such 

accounting system requires to be capitalized or charged to cost 

of commodities acquired or produced, including selling and shipping 

expenses, and expenses in connection with acquisition, construction, 

operation, maintenance, improvement, protection, or disposition of 

facilities and other property belonging to the corporation or in 

which it has an interest. 

STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES

OFFICE ON VIOLENCE AGAINST WOMEN

VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION

PROGRAMS

For grants, contracts, cooperative agreements, and other assistance for the prevention and prosecution of violence against women, 

as authorized by the Omnibus Crime Control and Safe Streets 

Act of 1968 (42 U.S.C. 3711 et seq.) (‘‘the 1968 Act’’); the Violent 

Crime Control and Law Enforcement Act of 1994 (Public Law 

103–322) (‘‘the 1994 Act’’); the Victims of Child Abuse Act of 1990 

(Public Law 101–647) (‘‘the 1990 Act’’); the Prosecutorial Remedies 

and Other Tools to end the Exploitation of Children Today Act 


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129 STAT. 2304 PUBLIC LAW 114–113—DEC. 18, 2015 

of 2003 (Public Law 108–21); the Juvenile Justice and Delinquency 

Prevention Act of 1974 (42 U.S.C. 5601 et seq.) (‘‘the 1974 Act’’); 

the Victims of Trafficking and Violence Protection Act of 2000 

(Public Law 106–386) (‘‘the 2000 Act’’); the Violence Against Women 

and Department of Justice Reauthorization Act of 2005 (Public 

Law 109–162) (‘‘the 2005 Act’’); the Violence Against Women 

Reauthorization Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); 

and the Rape Survivor Child Custody Act of 2015 (Public Law 

114–22) (‘‘the 2015 Act’’); and for related victims services, 

$480,000,000, to remain available until expended, of which 

$379,000,000 shall be derived by transfer from amounts available 

for obligation in this Act from the Fund established by section 

1402 of chapter XIV of title II of Public Law 98–473 (42 U.S.C. 

10601), notwithstanding section 1402(d) of such Act of 1984, and 

merged with the amounts otherwise made available under this 

heading: Provided, That except as otherwise provided by law, not 

to exceed 5 percent of funds made available under this heading 

may be used for expenses related to evaluation, training, and technical assistance: Provided further, That of the amount provided— 

(1) $215,000,000 is for grants to combat violence against 

women, as authorized by part T of the 1968 Act; 

(2) $30,000,000 is for transitional housing assistance grants 

for victims of domestic violence, dating violence, stalking, or 

sexual assault as authorized by section 40299 of the 1994 

Act; 

(3) $5,000,000 is for the National Institute of Justice for 

research and evaluation of violence against women and related 

issues addressed by grant programs of the Office on Violence 

Against Women, which shall be transferred to ‘‘Research, 

Evaluation and Statistics’’ for administration by the Office of 

Justice Programs; 

(4) $11,000,000 is for a grant program to provide services 

to advocate for and respond to youth victims of domestic 

violence, dating violence, sexual assault, and stalking; assistance to children and youth exposed to such violence; programs 

to engage men and youth in preventing such violence; and 

assistance to middle and high school students through education and other services related to such violence: Provided, 

That unobligated balances available for the programs authorized by sections 41201, 41204, 41303, and 41305 of the 1994 

Act, prior to its amendment by the 2013 Act, shall be available 

for this program: Provided further, That 10 percent of the 

total amount available for this grant program shall be available 

for grants under the program authorized by section 2015 of 

the 1968 Act: Provided further, That the definitions and grant 

conditions in section 40002 of the 1994 Act shall apply to 

this program; 

(5) $51,000,000 is for grants to encourage arrest policies 

as authorized by part U of the 1968 Act, of which $4,000,000 

is for a homicide reduction initiative; 

(6) $35,000,000 is for sexual assault victims assistance, 

as authorized by section 41601 of the 1994 Act; 

(7) $34,000,000 is for rural domestic violence and child 

abuse enforcement assistance grants, as authorized by section 

40295 of the 1994 Act; 


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(8) $20,000,000 is for grants to reduce violent crimes 

against women on campus, as authorized by section 304 of 

the 2005 Act; 

(9) $45,000,000 is for legal assistance for victims, as authorized by section 1201 of the 2000 Act; 

(10) $5,000,000 is for enhanced training and services to 

end violence against and abuse of women in later life, as 

authorized by section 40802 of the 1994 Act; 

(11) $16,000,000 is for grants to support families in the 

justice system, as authorized by section 1301 of the 2000 Act: 

Provided, That unobligated balances available for the programs 

authorized by section 1301 of the 2000 Act and section 41002 

of the 1994 Act, prior to their amendment by the 2013 Act, 

shall be available for this program; 

(12) $6,000,000 is for education and training to end violence 

against and abuse of women with disabilities, as authorized 

by section 1402 of the 2000 Act; 

(13) $500,000 is for the National Resource Center on Workplace Responses to assist victims of domestic violence, as 

authorized by section 41501 of the 1994 Act; 

(14) $1,000,000 is for analysis and research on violence 

against Indian women, including as authorized by section 904 

of the 2005 Act: Provided, That such funds may be transferred 

to ‘‘Research, Evaluation and Statistics’’ for administration by 

the Office of Justice Programs; 

(15) $500,000 is for a national clearinghouse that provides 

training and technical assistance on issues relating to sexual 

assault of American Indian and Alaska Native women; 

(16) $2,500,000 is for grants to assist tribal governments 

in exercising special domestic violence criminal jurisdiction, 

as authorized by section 904 of the 2013 Act: Provided, That 

the grant conditions in section 40002(b) of the 1994 Act shall 

apply to this program; and 

(17) $2,500,000 for the purposes authorized under the 2015 

Act. 

OFFICE OF JUSTICE PROGRAMS

RESEARCH, EVALUATION AND STATISTICS

For grants, contracts, cooperative agreements, and other assistance authorized by title I of the Omnibus Crime Control and Safe 

Streets Act of 1968 (‘‘the 1968 Act’’); the Juvenile Justice and 

Delinquency Prevention Act of 1974 (‘‘the 1974 Act’’); the Missing 

Children’s Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial 

Remedies and Other Tools to end the Exploitation of Children 

Today Act of 2003 (Public Law 108–21); the Justice for All Act 

of 2004 (Public Law 108–405); the Violence Against Women and 

Department of Justice Reauthorization Act of 2005 (Public Law 

109–162) (‘‘the 2005 Act’’); the Victims of Child Abuse Act of 1990 

(Public Law 101–647); the Second Chance Act of 2007 (Public Law 

110–199); the Victims of Crime Act of 1984 (Public Law 98–473); 

the Adam Walsh Child Protection and Safety Act of 2006 (Public 

Law 109–248) (‘‘the Adam Walsh Act’’); the PROTECT Our Children 

Act of 2008 (Public Law 110–401); subtitle D of title II of the 

Homeland Security Act of 2002 (Public Law 107–296) (‘‘the 2002 

Act’’); the NICS Improvement Amendments Act of 2007 (Public 


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129 STAT. 2306 PUBLIC LAW 114–113—DEC. 18, 2015 

Law 110–180); the Violence Against Women Reauthorization Act 

of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); and other programs, 

$116,000,000, to remain available until expended, of which— (1) $41,000,000 is for criminal justice statistics programs, 

and other activities, as authorized by part C of title I of the 

1968 Act; 

(2) $36,000,000 is for research, development, and evaluation 

programs, and other activities as authorized by part B of title 

I of the 1968 Act and subtitle D of title II of the 2002 Act; 

(3) $35,000,000 is for regional information sharing activities, as authorized by part M of title I of the 1968 Act; and 

(4) $4,000,000 is for activities to strengthen and enhance 

the practice of forensic sciences, of which $3,000,000 is for 

transfer to the National Institute of Standards and Technology 

to support Scientific Area Committees. 

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

For grants, contracts, cooperative agreements, and other assistance authorized by the Violent Crime Control and Law Enforcement 

Act of 1994 (Public Law 103–322) (‘‘the 1994 Act’’); the Omnibus 

Crime Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’); the 

Justice for All Act of 2004 (Public Law 108–405); the Victims 

of Child Abuse Act of 1990 (Public Law 101–647) (‘‘the 1990 Act’’); 

the Trafficking Victims Protection Reauthorization Act of 2005 

(Public Law 109–164); the Violence Against Women and Department 

of Justice Reauthorization Act of 2005 (Public Law 109–162) (‘‘the 

2005 Act’’); the Adam Walsh Child Protection and Safety Act of 

2006 (Public Law 109–248) (‘‘the Adam Walsh Act’’); the Victims 

of Trafficking and Violence Protection Act of 2000 (Public Law 

106–386); the NICS Improvement Amendments Act of 2007 (Public 

Law 110–180); subtitle D of title II of the Homeland Security 

Act of 2002 (Public Law 107–296) (‘‘the 2002 Act’’); the Second 

Chance Act of 2007 (Public Law 110–199); the Prioritizing Resources 

and Organization for Intellectual Property Act of 2008 (Public Law 

110–403); the Victims of Crime Act of 1984 (Public Law 98–473); 

the Mentally Ill Offender Treatment and Crime Reduction 

Reauthorization and Improvement Act of 2008 (Public Law 110– 

416); the Violence Against Women Reauthorization Act of 2013 

(Public Law 113–4) (‘‘the 2013 Act’’); and other programs, 

$1,408,500,000, to remain available until expended as follows— 

(1) $476,000,000 for the Edward Byrne Memorial Justice 

Assistance Grant program as authorized by subpart 1 of part 

E of title I of the 1968 Act (except that section 1001(c), and 

the special rules for Puerto Rico under section 505(g) of title 

I of the 1968 Act shall not apply for purposes of this Act), 

of which, notwithstanding such subpart 1, $15,000,000 is for 

an Officer Robert Wilson III memorial initiative on Preventing 

Violence Against Law Enforcement Officer Resilience and 

Survivability (VALOR), $4,000,000 is for use by the National 

Institute of Justice for research targeted toward developing 

a better understanding of the domestic radicalization phenomenon, and advancing evidence-based strategies for effective 

intervention and prevention, $5,000,000 is for an initiative 

to support evidence-based policing, $2,500,000 is for an initiative to enhance prosecutorial decision-making, $100,000,000 is 

for grants for law enforcement activities associated with the 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2307 

presidential nominating conventions, and $2,400,000 is for the 

operationalization, maintenance and expansion of the National 

Missing and Unidentified Persons System; 

(2) $210,000,000 for the State Criminal Alien Assistance 

Program, as authorized by section 241(i)(5) of the Immigration 

and Nationality Act (8 U.S.C. 1231(i)(5)): Provided, That no 

jurisdiction shall request compensation for any cost greater 

than the actual cost for Federal immigration and other 

detainees housed in State and local detention facilities; 

(3) $45,000,000 for victim services programs for victims 

of trafficking, as authorized by section 107(b)(2) of Public Law 

106–386, for programs authorized under Public Law 109–164, 

or programs authorized under Public Law 113–4; 

(4) $42,000,000 for Drug Courts, as authorized by section 

1001(a)(25)(A) of title I of the 1968 Act; 

(5) $10,000,000 for mental health courts and adult and 

juvenile collaboration program grants, as authorized by parts 

V and HH of title I of the 1968 Act, and the Mentally Ill 

Offender Treatment and Crime Reduction Reauthorization and 

Improvement Act of 2008 (Public Law 110–416); 

(6) $12,000,000 for grants for Residential Substance Abuse 

Treatment for State Prisoners, as authorized by part S of 

title I of the 1968 Act; 

(7) $2,500,000 for the Capital Litigation Improvement 

Grant Program, as authorized by section 426 of Public Law 

108–405, and for grants for wrongful conviction review; 

(8) $13,000,000 for economic, high technology and Internet 

crime prevention grants, including as authorized by section 

401 of Public Law 110–403; 

(9) $2,000,000 for a student loan repayment assistance 

program pursuant to section 952 of Public Law 110–315; 

(10) $20,000,000 for sex offender management assistance, 

as authorized by the Adam Walsh Act, and related activities; 

(11) $8,000,000 for an initiative relating to children exposed 

to violence; 

(12) $22,500,000 for the matching grant program for law 

enforcement armor vests, as authorized by section 2501 of 

title I of the 1968 Act: Provided, That $1,500,000 is transferred 

directly to the National Institute of Standards and Technology’s 

Office of Law Enforcement Standards for research, testing and 

evaluation programs; 

(13) $1,000,000 for the National Sex Offender Public 

Website; 

(14) $6,500,000 for competitive and evidence-based programs to reduce gun crime and gang violence; 

(15) $73,000,000 for grants to States to upgrade criminal 

and mental health records for the National Instant Criminal 

Background Check System, of which no less than $25,000,000 

shall be for grants made under the authorities of the NICS 

Improvement Amendments Act of 2007 (Public Law 110–180); 

(16) $13,500,000 for Paul Coverdell Forensic Sciences 

Improvement Grants under part BB of title I of the 1968 

Act; 

(17) $125,000,000 for DNA-related and forensic programs 

and activities, of which— 


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129 STAT. 2308 PUBLIC LAW 114–113—DEC. 18, 2015 

(A) $117,000,000 is for a DNA analysis and capacity 

enhancement program and for other local, State, and Federal forensic activities, including the purposes authorized 

under section 2 of the DNA Analysis Backlog Elimination 

Act of 2000 (Public Law 106–546) (the Debbie Smith DNA 

Backlog Grant Program): Provided, That up to 4 percent 

of funds made available under this paragraph may be 

used for the purposes described in the DNA Training and 

Education for Law Enforcement, Correctional Personnel, 

and Court Officers program (Public Law 108–405, section 

303); 

(B) $4,000,000 is for the purposes described in the 

Kirk Bloodsworth Post-Conviction DNA Testing Program 

(Public Law 108–405, section 412); and 

(C) $4,000,000 is for Sexual Assault Forensic Exam 

Program grants, including as authorized by section 304 

of Public Law 108–405; 

(18) $45,000,000 for a grant program for community-based 

sexual assault response reform; 

(19) $9,000,000 for the court-appointed special advocate 

program, as authorized by section 217 of the 1990 Act; 

(20) $30,000,000 for assistance to Indian tribes; 

(21) $68,000,000 for offender reentry programs and 

research, as authorized by the Second Chance Act of 2007 

(Public Law 110–199), without regard to the time limitations 

specified at section 6(1) of such Act, of which not to exceed 

$6,000,000 is for a program to improve State, local, and tribal 

probation or parole supervision efforts and strategies, 

$5,000,000 is for Children of Incarcerated Parents Demonstrations to enhance and maintain parental and family relationships for incarcerated parents as a reentry or recidivism reduction strategy, and $4,000,000 is for additional replication sites 

employing the Project HOPE Opportunity Probation with 

Enforcement model implementing swift and certain sanctions 

in probation, and for a research project on the effectiveness 

of the model: Provided, That up to $7,500,000 of funds made 

available in this paragraph may be used for performance-based 

awards for Pay for Success projects, of which up to $5,000,000 

shall be for Pay for Success programs implementing the Permanent Supportive Housing Model; 

(22) $6,000,000 for a veterans treatment courts program; 

(23) $13,000,000 for a program to monitor prescription 

drugs and scheduled listed chemical products; 

(24) $10,500,000 for prison rape prevention and prosecution 

grants to States and units of local government, and other 

programs, as authorized by the Prison Rape Elimination Act 

of 2003 (Public Law 108–79); 

(25) $75,000,000 for the Comprehensive School Safety Initiative: Provided, That section 213 of this Act shall not apply 

with respect to the amount made available in this paragraph; 

and 

(26) $70,000,000 for initiatives to improve police-community 

relations, of which $22,500,000 is for a competitive matching 

grant program for purchases of body-worn cameras for State, 

local and tribal law enforcement, $27,500,000 is for a justice 

reinvestment initiative, for activities related to criminal justice 

reform and recidivism reduction, $5,000,000 is for research 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2309 

and statistics on body-worn cameras and community trust 

issues, and $15,000,000 is for an Edward Byrne Memorial 

criminal justice innovation program: 

Provided, That, if a unit of local government uses any of the 

funds made available under this heading to increase the number 

of law enforcement officers, the unit of local government will achieve 

a net gain in the number of law enforcement officers who perform 

non-administrative public sector safety service. 

JUVENILE JUSTICE PROGRAMS

For grants, contracts, cooperative agreements, and other assistance authorized by the Juvenile Justice and Delinquency Prevention 

Act of 1974 (‘‘the 1974 Act’’); the Omnibus Crime Control and 

Safe Streets Act of 1968 (‘‘the 1968 Act’’); the Violence Against 

Women and Department of Justice Reauthorization Act of 2005 

(Public Law 109–162) (‘‘the 2005 Act’’); the Missing Children’s 

Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial Remedies 

and Other Tools to end the Exploitation of Children Today Act 

of 2003 (Public Law 108–21); the Victims of Child Abuse Act of 

1990 (Public Law 101–647) (‘‘the 1990 Act’’); the Adam Walsh 

Child Protection and Safety Act of 2006 (Public Law 109–248) 

(‘‘the Adam Walsh Act’’); the PROTECT Our Children Act of 2008 

(Public Law 110–401); the Violence Against Women Reauthorization 

Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); and other juvenile 

justice programs, $270,160,000, to remain available until expended 

as follows— 

(1) $58,000,000 for programs authorized by section 221 

of the 1974 Act, and for training and technical assistance 

to assist small, nonprofit organizations with the Federal grants 

process: Provided, That of the amounts provided under this 

paragraph, $500,000 shall be for a competitive demonstration 

grant program to support emergency planning among State, 

local and tribal juvenile justice residential facilities; 

(2) $90,000,000 for youth mentoring grants; 

(3) $17,500,000 for delinquency prevention, as authorized 

by section 505 of the 1974 Act, of which, pursuant to sections 

261 and 262 thereof— 

(A) $10,000,000 shall be for the Tribal Youth Program; 

(B) $5,000,000 shall be for gang and youth violence 

education, prevention and intervention, and related activities; 

(C) $500,000 shall be for an Internet site providing 

information and resources on children of incarcerated parents; and 

(D) $2,000,000 shall be for competitive grants focusing 

on girls in the juvenile justice system; 

(4) $20,000,000 for programs authorized by the Victims 

of Child Abuse Act of 1990; 

(5) $8,000,000 for community-based violence prevention initiatives, including for public health approaches to reducing 

shootings and violence; 

(6) $72,160,000 for missing and exploited children programs, including as authorized by sections 404(b) and 405(a) 

of the 1974 Act (except that section 102(b)(4)(B) of the PROTECT Our Children Act of 2008 (Public Law 110–401) shall 

not apply for purposes of this Act); 


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129 STAT. 2310 PUBLIC LAW 114–113—DEC. 18, 2015 

(7) $2,000,000 for child abuse training programs for judicial 

personnel and practitioners, as authorized by section 222 of 

the 1990 Act; and (8) $2,500,000 for a program to improve juvenile indigent 

defense: 

Provided, That not more than 10 percent of each amount may 

be used for research, evaluation, and statistics activities designed 

to benefit the programs or activities authorized: Provided further, That not more than 2 percent of the amounts designated under 

paragraphs (1) through (4) and (7) may be used for training and 

technical assistance: Provided further, That the two preceding provisos shall not apply to grants and projects administered pursuant 

to sections 261 and 262 of the 1974 Act and to missing and exploited 

children programs. 

PUBLIC SAFETY OFFICER BENEFITS

(INCLUDING TRANSFER OF FUNDS)

For payments and expenses authorized under section 1001(a)(4) 

of title I of the Omnibus Crime Control and Safe Streets Act 

of 1968, such sums as are necessary (including amounts for administrative costs), to remain available until expended; and $16,300,000 

for payments authorized by section 1201(b) of such Act and for 

educational assistance authorized by section 1218 of such Act, to 

remain available until expended: Provided, That notwithstanding 

section 205 of this Act, upon a determination by the Attorney 

General that emergent circumstances require additional funding 

for such disability and education payments, the Attorney General 

may transfer such amounts to ‘‘Public Safety Officer Benefits’’ from 

available appropriations for the Department of Justice as may 

be necessary to respond to such circumstances: Provided further, 

That any transfer pursuant to the preceding proviso shall be treated 

as a reprogramming under section 505 of this Act and shall not 

be available for obligation or expenditure except in compliance 

with the procedures set forth in that section. 

COMMUNITY ORIENTED POLICING SERVICES

COMMUNITY ORIENTED POLICING SERVICES PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For activities authorized by the Violent Crime Control and 

Law Enforcement Act of 1994 (Public Law 103–322); the Omnibus 

Crime Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’); and 

the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’), 

$212,000,000, to remain available until expended: Provided, That 

any balances made available through prior year deobligations shall 

only be available in accordance with section 505 of this Act: Provided 

further, That of the amount provided under this heading— 

(1) $11,000,000 is for anti-methamphetamine-related activities, which shall be transferred to the Drug Enforcement 

Administration upon enactment of this Act; 

(2) $187,000,000 is for grants under section 1701 of title 

I of the 1968 Act (42 U.S.C. 3796dd) for the hiring and rehiring 

of additional career law enforcement officers under part Q 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2311 

of such title notwithstanding subsection (i) of such section: 

Provided, That, notwithstanding section 1704(c) of such title 

(42 U.S.C. 3796dd–3(c)), funding for hiring or rehiring a career 

law enforcement officer may not exceed $125,000 unless the 

Director of the Office of Community Oriented Policing Services 

grants a waiver from this limitation: Provided further, That 

within the amounts appropriated under this paragraph, 

$30,000,000 is for improving tribal law enforcement, including 

hiring, equipment, training, and anti-methamphetamine activities: Provided further, That of the amounts appropriated under 

this paragraph, $10,000,000 is for community policing development activities in furtherance of the purposes in section 1701: 

Provided further, That within the amounts appropriated under 

this paragraph, $10,000,000 is for the collaborative reform 

model of technical assistance in furtherance of the purposes 

in section 1701; 

(3) $7,000,000 is for competitive grants to State law enforcement agencies in States with high seizures of precursor chemicals, finished methamphetamine, laboratories, and laboratory 

dump seizures: Provided, That funds appropriated under this 

paragraph shall be utilized for investigative purposes to locate 

or investigate illicit activities, including precursor diversion, 

laboratories, or methamphetamine traffickers; and 

(4) $7,000,000 is for competitive grants to statewide law 

enforcement agencies in States with high rates of primary 

treatment admissions for heroin and other opioids: Provided, 

That these funds shall be utilized for investigative purposes 

to locate or investigate illicit activities, including activities 

related to the distribution of heroin or unlawful distribution 

of prescription opioids, or unlawful heroin and prescription 

opioid traffickers through statewide collaboration. 

GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

(INCLUDING TRANSFER OF FUNDS)

SEC. 201. In addition to amounts otherwise made available 

in this title for official reception and representation expenses, a 

total of not to exceed $50,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney 

General for official reception and representation expenses. 

SEC. 202. None of the funds appropriated by this title shall 

be available to pay for an abortion, except where the life of the 

mother would be endangered if the fetus were carried to term, 

or in the case of rape or incest: Provided, That should this prohibition be declared unconstitutional by a court of competent jurisdiction, this section shall be null and void. 

SEC. 203. None of the funds appropriated under this title shall 

be used to require any person to perform, or facilitate in any 

way the performance of, any abortion. 

SEC. 204. Nothing in the preceding section shall remove the 

obligation of the Director of the Bureau of Prisons to provide escort 

services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section 

in any way diminishes the effect of section 203 intended to address 

the philosophical beliefs of individual employees of the Bureau 

of Prisons. 


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129 STAT. 2312 PUBLIC LAW 114–113—DEC. 18, 2015 

SEC. 205. Not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Department of Justice 

in this Act may be transferred between such appropriations, but 

no such appropriation, except as otherwise specifically provided, 

shall be increased by more than 10 percent by any such transfers: 

Provided, That any transfer pursuant to this section shall be treated 

as a reprogramming of funds under section 505 of this Act and 

shall not be available for obligation except in compliance with 

the procedures set forth in that section. 

SEC. 206. Funds appropriated by this or any other Act, with 

respect to any fiscal year, under the heading ‘‘Bureau of Alcohol, 

Tobacco, Firearms and Explosives, Salaries and Expenses’’ shall 

be available for retention pay for any employee who would otherwise 

be subject to a reduction in pay upon termination of the Bureau’s 

Personnel Management Demonstration Project (as transferred to 

the Attorney General by section 1115 of the Homeland Security 

Act of 2002, Public Law 107–296 (28 U.S.C. 599B)): Provided, That such retention pay shall comply with section 5363 of title 

5, United States Code, and related Office of Personnel Management 

regulations, except as provided in this section: Provided further, That such retention pay shall be paid at the employee’s rate of 

pay immediately prior to the termination of the demonstration 

project and shall not be subject to the limitation set forth in section 

5304(g)(1) of title 5, United States Code, and related regulations. 

SEC. 207. None of the funds made available under this title 

may be used by the Federal Bureau of Prisons or the United 

States Marshals Service for the purpose of transporting an individual who is a prisoner pursuant to conviction for crime under 

State or Federal law and is classified as a maximum or high 

security prisoner, other than to a prison or other facility certified 

by the Federal Bureau of Prisons as appropriately secure for 

housing such a prisoner. 

SEC. 208. (a) None of the funds appropriated by this Act may 

be used by Federal prisons to purchase cable television services, 

or to rent or purchase audiovisual or electronic media or equipment 

used primarily for recreational purposes. 

(b) Subsection (a) does not preclude the rental, maintenance, 

or purchase of audiovisual or electronic media or equipment for 

inmate training, religious, or educational programs. 

SEC. 209. None of the funds made available under this title 

shall be obligated or expended for any new or enhanced information 

technology program having total estimated development costs in 

excess of $100,000,000, unless the Deputy Attorney General and 

the investment review board certify to the Committees on Appropriations of the House of Representatives and the Senate that 

the information technology program has appropriate program 

management controls and contractor oversight mechanisms in place, 

and that the program is compatible with the enterprise architecture 

of the Department of Justice. 

SEC. 210. The notification thresholds and procedures set forth 

in section 505 of this Act shall apply to deviations from the amounts 

designated for specific activities in this Act and in the explanatory 

statement described in section 4 (in the matter preceding division 

A of this consolidated Act), and to any use of deobligated balances 

of funds provided under this title in previous years. 

SEC. 211. None of the funds appropriated by this Act may 

be used to plan for, begin, continue, finish, process, or approve 

5 USC 3104 note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2313 

a public-private competition under the Office of Management and 

Budget Circular A–76 or any successor administrative regulation, 

directive, or policy for work performed by employees of the Bureau 

of Prisons or of Federal Prison Industries, Incorporated. 

SEC. 212. Notwithstanding any other provision of law, no funds 

shall be available for the salary, benefits, or expenses of any United 

States Attorney assigned dual or additional responsibilities by the 

Attorney General or his designee that exempt that United States 

Attorney from the residency requirements of section 545 of title 

28, United States Code. 

SEC. 213. At the discretion of the Attorney General, and in 

addition to any amounts that otherwise may be available (or authorized to be made available) by law, with respect to funds appropriated 

by this title under the headings ‘‘Research, Evaluation and Statistics’’, ‘‘State and Local Law Enforcement Assistance’’, and ‘‘Juvenile 

Justice Programs’’— 

(1) up to 3 percent of funds made available to the Office 

of Justice Programs for grant or reimbursement programs may 

be used by such Office to provide training and technical assistance; and 

(2) up to 2 percent of funds made available for grant 

or reimbursement programs under such headings, except for 

amounts appropriated specifically for research, evaluation, or 

statistical programs administered by the National Institute 

of Justice and the Bureau of Justice Statistics, shall be transferred to and merged with funds provided to the National 

Institute of Justice and the Bureau of Justice Statistics, to 

be used by them for research, evaluation, or statistical purposes, 

without regard to the authorizations for such grant or 

reimbursement programs. 

SEC. 214. Upon request by a grantee for whom the Attorney 

General has determined there is a fiscal hardship, the Attorney 

General may, with respect to funds appropriated in this or any 

other Act making appropriations for fiscal years 2013 through 2016 

for the following programs, waive the following requirements: 

(1) For the adult and juvenile offender State and local 

reentry demonstration projects under part FF of title I of the 

Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

3797w(g)(1)), the requirements under section 2976(g)(1) of such 

part. 

(2) For State, Tribal, and local reentry courts under part 

FF of title I of such Act of 1968 (42 U.S.C. 3797w–2(e)(1) 

and (2)), the requirements under section 2978(e)(1) and (2) 

of such part. 

(3) For the prosecution drug treatment alternatives to 

prison program under part CC of title I of such Act of 1968 

(42 U.S.C. 3797q–3), the requirements under section 2904 of 

such part. 

(4) For grants to protect inmates and safeguard communities as authorized by section 6 of the Prison Rape Elimination 

Act of 2003 (42 U.S.C. 15605(c)(3)), the requirements of section 

6(c)(3) of such Act. 

SEC. 215. Notwithstanding any other provision of law, section 

20109(a) of subtitle A of title II of the Violent Crime Control 

and Law Enforcement Act of 1994 (42 U.S.C. 13709(a)) shall not 

apply to amounts made available by this or any other Act. 


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129 STAT. 2314 PUBLIC LAW 114–113—DEC. 18, 2015 

SEC. 216. None of the funds made available under this Act, 

other than for the national instant criminal background check 

system established under section 103 of the Brady Handgun 

Violence Prevention Act (18 U.S.C. 922 note), may be used by 

a Federal law enforcement officer to facilitate the transfer of an 

operable firearm to an individual if the Federal law enforcement 

officer knows or suspects that the individual is an agent of a 

drug cartel, unless law enforcement personnel of the United States 

continuously monitor or control the firearm at all times. 

SEC. 217. (a) None of the income retained in the Department 

of Justice Working Capital Fund pursuant to title I of Public Law 

102–140 (105 Stat. 784; 28 U.S.C. 527 note) shall be available 

for obligation during fiscal year 2016, except up to $40,000,000 

may be obligated for implementation of a unified Department of 

Justice financial management system. (b) Not to exceed $30,000,000 of the unobligated balances transferred to the capital account of the Department of Justice Working 

Capital Fund pursuant to title I of Public Law 102–140 (105 Stat. 

784; 28 U.S.C. 527 note) shall be available for obligation in fiscal 

year 2016, and any use, obligation, transfer or allocation of such 

funds shall be treated as a reprogramming of funds under section 

505 of this Act. 

(c) Not to exceed $10,000,000 of the excess unobligated balances 

available under section 524(c)(8)(E) of title 28, United States Code, 

shall be available for obligation during fiscal year 2016, and any 

use, obligation, transfer or allocation of such funds shall be treated 

as a reprogramming of funds under section 505 of this Act. 

(d) Subsections (a) through (c) of this section shall sunset 

on September 30, 2016. 

SEC. 218. (a) Of the funds appropriated by this Act under 

each of the headings ‘‘General Administration—Salaries and 

Expenses’’, ‘‘United States Marshals Service—Salaries and 

Expenses’’, ‘‘Federal Bureau of Investigation—Salaries and 

Expenses’’, ‘‘Drug Enforcement Administration—Salaries and 

Expenses’’, and ‘‘Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses’’, $20,000,000 shall not be available 

for obligation until the Attorney General demonstrates to the 

Committees on Appropriations of the House of Representatives and 

the Senate that all recommendations included in the Office of 

Inspector General of the Department of Justice, Evaluation and 

Inspections Division Report 15–04 entitled ‘‘The Handling of Sexual 

Harassment and Misconduct Allegations by the Department’s Law 

Enforcement Components’’, dated March, 2015, have been implemented or are in the process of being implemented. 

(b) The Inspector General of the Department of Justice shall 

report to the Committees on Appropriations of the House of Representatives and the Senate not later than 90 days after the date 

of enactment of this Act on the status of the Department’s 

implementation of recommendations included in the report specified 

in subsection (a). 

SEC. 219. Discretionary funds that are made available in this 

Act for the Office of Justice Programs may be used to participate 

in Performance Partnership Pilots authorized under section 526 

of division H of Public Law 113–76, section 524 of division G 

of Public Law 113–235, and such authorities as are enacted for 

Performance Partnership Pilots in an appropriations Act for fiscal 

year 2016. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2315 

This title may be cited as the ‘‘Department of Justice Appropriations Act, 2016’’. 

TITLE III 

SCIENCE 

OFFICE OF SCIENCE AND TECHNOLOGY POLICY

For necessary expenses of the Office of Science and Technology 

Policy, in carrying out the purposes of the National Science and 

Technology Policy, Organization, and Priorities Act of 1976 (42 

U.S.C. 6601 et seq.), hire of passenger motor vehicles, and services 

as authorized by section 3109 of title 5, United States Code, not 

to exceed $2,250 for official reception and representation expenses, 

and rental of conference rooms in the District of Columbia, 

$5,555,000. 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

SCIENCE

For necessary expenses, not otherwise provided for, in the 

conduct and support of science research and development activities, 

including research, development, operations, support, and services; 

maintenance and repair, facility planning and design; space flight, 

spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances 

therefor, as authorized by sections 5901 and 5902 of title 5, United 

States Code; travel expenses; purchase and hire of passenger motor 

vehicles; and purchase, lease, charter, maintenance, and operation 

of mission and administrative aircraft, $5,589,400,000, to remain 

available until September 30, 2017: Provided, That the formulation 

and development costs (with development cost as defined under 

section 30104 of title 51, United States Code) for the James Webb 

Space Telescope shall not exceed $8,000,000,000: Provided further, That should the individual identified under subsection (c)(2)(E) 

of section 30104 of title 51, United States Code, as responsible 

for the James Webb Space Telescope determine that the development cost of the program is likely to exceed that limitation, the 

individual shall immediately notify the Administrator and the 

increase shall be treated as if it meets the 30 percent threshold 

described in subsection (f) of section 30104: Provided further, That, 

of the amounts provided, $175,000,000 is for an orbiter with a 

lander to meet the science goals for the Jupiter Europa mission 

as outlined in the most recent planetary science decadal survey: 

Provided further, That the National Aeronautics and Space 

Administration shall use the Space Launch System as the launch 

vehicle for the Jupiter Europa mission, plan for a launch no later 

than 2022, and include in the fiscal year 2017 budget the 5-year 

funding profile necessary to achieve these goals. 

AERONAUTICS

For necessary expenses, not otherwise provided for, in the 

conduct and support of aeronautics research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space 

Science 

Appropriations 

Act, 2016. 


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129 STAT. 2316 PUBLIC LAW 114–113—DEC. 18, 2015 

flight, spacecraft control, and communications activities; program 

management; personnel and related costs, including uniforms or 

allowances therefor, as authorized by sections 5901 and 5902 of 

title 5, United States Code; travel expenses; purchase and hire 

of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, 

$640,000,000, to remain available until September 30, 2017. 

SPACE TECHNOLOGY

For necessary expenses, not otherwise provided for, in the 

conduct and support of space technology research and development 

activities, including research, development, operations, support, and 

services; maintenance and repair, facility planning and design; 

space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms 

or allowances therefor, as authorized by sections 5901 and 5902 

of title 5, United States Code; travel expenses; purchase and hire 

of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, 

$686,500,000, to remain available until September 30, 2017: Provided, That $133,000,000 shall be for the RESTORE satellite servicing program for completion of pre-formulation and initiation of 

formulation activities for RESTORE and such funds shall not support activities solely needed for the asteroid redirect mission. 

EXPLORATION

For necessary expenses, not otherwise provided for, in the 

conduct and support of exploration research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space 

flight, spacecraft control, and communications activities; program 

management; personnel and related costs, including uniforms or 

allowances therefor, as authorized by sections 5901 and 5902 of 

title 5, United States Code; travel expenses; purchase and hire 

of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, 

$4,030,000,000, to remain available until September 30, 2017: Provided, That not less than $1,270,000,000 shall be for the Orion 

Multi-Purpose Crew Vehicle: Provided further, That not less than 

$2,000,000,000 shall be for the Space Launch System (SLS) launch 

vehicle, which shall have a lift capability not less than 130 metric 

tons and which shall have core elements and an enhanced upper 

stage developed simultaneously: Provided further, That of the 

amounts provided for SLS, not less than $85,000,000 shall be for 

enhanced upper stage development: Provided further, That 

$410,000,000 shall be for exploration ground systems: Provided 

further, That the National Aeronautics and Space Administration 

shall provide to the Committees on Appropriations of the House 

of Representatives and the Senate, concurrent with the annual 

budget submission, a 5-year budget profile and funding projection 

that adheres to a 70 percent Joint Confidence Level and is consistent with the Key Decision Point C (KDP–C) for the SLS and 

with the management agreement contained in the KDP–C for the 

Orion Multi-Purpose Crew Vehicle: Provided further, That 

$350,000,000 shall be for exploration research and development. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2317 

SPACE OPERATIONS

For necessary expenses, not otherwise provided for, in the 

conduct and support of space operations research and development 

activities, including research, development, operations, support and 

services; space flight, spacecraft control and communications activities, including operations, production, and services; maintenance 

and repair, facility planning and design; program management; 

personnel and related costs, including uniforms or allowances 

therefor, as authorized by sections 5901 and 5902 of title 5, United 

States Code; travel expenses; purchase and hire of passenger motor 

vehicles; and purchase, lease, charter, maintenance and operation 

of mission and administrative aircraft, $5,029,200,000, to remain 

available until September 30, 2017. 

EDUCATION

For necessary expenses, not otherwise provided for, in the 

conduct and support of aerospace and aeronautical education 

research and development activities, including research, development, operations, support, and services; program management; personnel and related costs, including uniforms or allowances therefor, 

as authorized by sections 5901 and 5902 of title 5, United States 

Code; travel expenses; purchase and hire of passenger motor 

vehicles; and purchase, lease, charter, maintenance, and operation 

of mission and administrative aircraft, $115,000,000, to remain 

available until September 30, 2017, of which $18,000,000 shall 

be for the Experimental Program to Stimulate Competitive Research 

and $40,000,000 shall be for the National Space Grant College 

program. 

SAFETY, SECURITY AND MISSION SERVICES

For necessary expenses, not otherwise provided for, in the 

conduct and support of science, aeronautics, space technology, exploration, space operations and education research and development 

activities, including research, development, operations, support, and 

services; maintenance and repair, facility planning and design; 

space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms 

or allowances therefor, as authorized by sections 5901 and 5902 

of title 5, United States Code; travel expenses; purchase and hire 

of passenger motor vehicles; not to exceed $63,000 for official reception and representation expenses; and purchase, lease, charter, 

maintenance, and operation of mission and administrative aircraft, 

$2,768,600,000, to remain available until September 30, 2017. 

CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION

For necessary expenses for construction of facilities including 

repair, rehabilitation, revitalization, and modification of facilities, 

construction of new facilities and additions to existing facilities, 

facility planning and design, and restoration, and acquisition or 

condemnation of real property, as authorized by law, and environmental compliance and restoration, $388,900,000, to remain available until September 30, 2021: Provided, That proceeds from leases 

deposited into this account shall be available for a period of 5 

51 USC 20145 

note. 


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129 STAT. 2318 PUBLIC LAW 114–113—DEC. 18, 2015 

years to the extent and in amounts as provided in annual appropriations Acts: Provided further, That such proceeds referred to in 

the preceding proviso shall be available for obligation for fiscal 

year 2016 in an amount not to exceed $9,470,300: Provided further, 

That each annual budget request shall include an annual estimate 

of gross receipts and collections and proposed use of all funds 

collected pursuant to section 20145 of title 51, United States Code. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in 

carrying out the Inspector General Act of 1978, $37,400,000, of 

which $500,000 shall remain available until September 30, 2017. 

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFERS OF FUNDS)

Funds for any announced prize otherwise authorized shall 

remain available, without fiscal year limitation, until the prize 

is claimed or the offer is withdrawn. 

Not to exceed 5 percent of any appropriation made available 

for the current fiscal year for the National Aeronautics and Space 

Administration in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically 

provided, shall be increased by more than 10 percent by any such 

transfers. Balances so transferred shall be merged with and available for the same purposes and the same time period as the appropriations to which transferred. Any transfer pursuant to this provision shall be treated as a reprogramming of funds under section 

505 of this Act and shall not be available for obligation except 

in compliance with the procedures set forth in that section. 

The spending plan required by this Act shall be provided by 

NASA at the theme, program, project and activity level. The 

spending plan, as well as any subsequent change of an amount 

established in that spending plan that meets the notification 

requirements of section 505 of this Act, shall be treated as a 

reprogramming under section 505 of this Act and shall not be 

available for obligation or expenditure except in compliance with 

the procedures set forth in that section. 

The unexpired balances for Commercial Spaceflight Activities 

contained within the Exploration account may be transferred to 

the Space Operations account for such activities. Balances so transferred shall be merged with the funds in the Space Operations 

account and shall be available under the same terms, conditions 

and period of time as previously appropriated. 

For the closeout of all Space Shuttle contracts and associated 

programs, amounts that have expired but have not been cancelled 

in the Exploration, Space Operations, Human Space Flight, Space 

Flight Capabilities, and Exploration Capabilities appropriations 

accounts shall remain available through fiscal year 2025 for the 

liquidation of valid obligations incurred during the period of fiscal 

year 2001 through fiscal year 2013. 

51 USC 30103 

note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2319 

NATIONAL SCIENCE FOUNDATION

RESEARCH AND RELATED ACTIVITIES

For necessary expenses in carrying out the National Science 

Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law 

86–209 (42 U.S.C. 1880 et seq.); services as authorized by section 

3109 of title 5, United States Code; maintenance and operation 

of aircraft and purchase of flight services for research support; 

acquisition of aircraft; and authorized travel; $6,033,645,000, to 

remain available until September 30, 2017, of which not to exceed 

$540,000,000 shall remain available until expended for polar 

research and operations support, and for reimbursement to other 

Federal agencies for operational and science support and logistical 

and other related activities for the United States Antarctic program: 

Provided, That receipts for scientific support services and materials 

furnished by the National Research Centers and other National 

Science Foundation supported research facilities may be credited 

to this appropriation. 

MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION

For necessary expenses for the acquisition, construction, 

commissioning, and upgrading of major research equipment, facilities, and other such capital assets pursuant to the National Science 

Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including authorized travel, $200,310,000, to remain available until expended. 

EDUCATION AND HUMAN RESOURCES

For necessary expenses in carrying out science, mathematics 

and engineering education and human resources programs and 

activities pursuant to the National Science Foundation Act of 1950 

(42 U.S.C. 1861 et seq.), including services as authorized by section 

3109 of title 5, United States Code, authorized travel, and rental 

of conference rooms in the District of Columbia, $880,000,000, to 

remain available until September 30, 2017. 

AGENCY OPERATIONS AND AWARD MANAGEMENT

For agency operations and award management necessary in 

carrying out the National Science Foundation Act of 1950 (42 U.S.C. 

1861 et seq.); services authorized by section 3109 of title 5, United 

States Code; hire of passenger motor vehicles; uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 

5, United States Code; rental of conference rooms in the District 

of Columbia; and reimbursement of the Department of Homeland 

Security for security guard services; $330,000,000: Provided, That 

not to exceed $8,280 is for official reception and representation 

expenses: Provided further, That contracts may be entered into 

under this heading in fiscal year 2016 for maintenance and operation of facilities and for other services to be provided during 

the next fiscal year: Provided further, That of the amount provided 

for costs associated with the acquisition, occupancy, and related 

costs of new headquarters space, not more than $30,770,000 shall 

remain available until expended. 


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129 STAT. 2320 PUBLIC LAW 114–113—DEC. 18, 2015 

OFFICE OF THE NATIONAL SCIENCE BOARD

For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference 

rooms in the District of Columbia, and the employment of experts 

and consultants under section 3109 of title 5, United States Code) 

involved in carrying out section 4 of the National Science Foundation Act of 1950 (42 U.S.C. 1863) and Public Law 86–209 (42 

U.S.C. 1880 et seq.), $4,370,000: Provided, That not to exceed 

$2,500 shall be available for official reception and representation 

expenses. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General as authorized by the Inspector General Act of 1978, $15,160,000, of 

which $400,000 shall remain available until September 30, 2017. 

ADMINISTRATIVE PROVISION

Not to exceed 5 percent of any appropriation made available 

for the current fiscal year for the National Science Foundation 

in this Act may be transferred between such appropriations, but 

no such appropriation shall be increased by more than 10 percent 

by any such transfers. Any transfer pursuant to this section shall 

be treated as a reprogramming of funds under section 505 of this 

Act and shall not be available for obligation except in compliance 

with the procedures set forth in that section. 

This title may be cited as the ‘‘Science Appropriations Act, 

2016’’. 

TITLE IV 

RELATED AGENCIES 

COMMISSION ON CIVIL RIGHTS

SALARIES AND EXPENSES

For necessary expenses of the Commission on Civil Rights, including hire of passenger motor vehicles, $9,200,000: Provided, That none of the funds appropriated in this paragraph may be 

used to employ any individuals under Schedule C of subpart C 

of part 213 of title 5 of the Code of Federal Regulations exclusive 

of one special assistant for each Commissioner: Provided further, That none of the funds appropriated in this paragraph shall be 

used to reimburse Commissioners for more than 75 billable days, 

with the exception of the chairperson, who is permitted 125 billable 

days: Provided further, That none of the funds appropriated in 

this paragraph shall be used for any activity or expense that is 

not explicitly authorized by section 3 of the Civil Rights Commission 

Act of 1983 (42 U.S.C. 1975a). 

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Equal Employment Opportunity 

Commission as authorized by title VII of the Civil Rights Act 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2321 

of 1964, the Age Discrimination in Employment Act of 1967, the 

Equal Pay Act of 1963, the Americans with Disabilities Act of 

1990, section 501 of the Rehabilitation Act of 1973, the Civil Rights 

Act of 1991, the Genetic Information Non-Discrimination Act 

(GINA) of 2008 (Public Law 110–233), the ADA Amendments Act 

of 2008 (Public Law 110–325), and the Lilly Ledbetter Fair Pay 

Act of 2009 (Public Law 111–2), including services as authorized 

by section 3109 of title 5, United States Code; hire of passenger 

motor vehicles as authorized by section 1343(b) of title 31, United 

States Code; nonmonetary awards to private citizens; and up to 

$29,500,000 for payments to State and local enforcement agencies 

for authorized services to the Commission, $364,500,000: Provided, 

That the Commission is authorized to make available for official 

reception and representation expenses not to exceed $2,250 from 

available funds: Provided further, That the Commission may take 

no action to implement any workforce repositioning, restructuring, 

or reorganization until such time as the Committees on Appropriations of the House of Representatives and the Senate have been 

notified of such proposals, in accordance with the reprogramming 

requirements of section 505 of this Act: Provided further, That 

the Chair is authorized to accept and use any gift or donation 

to carry out the work of the Commission. 

INTERNATIONAL TRADE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the International Trade Commission, 

including hire of passenger motor vehicles and services as authorized by section 3109 of title 5, United States Code, and not to 

exceed $2,250 for official reception and representation expenses, 

$88,500,000, to remain available until expended. 

LEGAL SERVICES CORPORATION

PAYMENT TO THE LEGAL SERVICES CORPORATION

For payment to the Legal Services Corporation to carry out 

the purposes of the Legal Services Corporation Act of 1974, 

$385,000,000, of which $352,000,000 is for basic field programs 

and required independent audits; $5,000,000 is for the Office of 

Inspector General, of which such amounts as may be necessary 

may be used to conduct additional audits of recipients; $19,000,000 

is for management and grants oversight; $4,000,000 is for client 

self-help and information technology; $4,000,000 is for a Pro Bono 

Innovation Fund; and $1,000,000 is for loan repayment assistance: 

Provided, That the Legal Services Corporation may continue to 

provide locality pay to officers and employees at a rate no greater 

than that provided by the Federal Government to Washington, 

DC-based employees as authorized by section 5304 of title 5, United 

States Code, notwithstanding section 1005(d) of the Legal Services 

Corporation Act (42 U.S.C. 2996(d)): Provided further, That the 

authorities provided in section 205 of this Act shall be applicable 

to the Legal Services Corporation: Provided further, That, for the 

purposes of section 505 of this Act, the Legal Services Corporation 

shall be considered an agency of the United States Government. 


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129 STAT. 2322 PUBLIC LAW 114–113—DEC. 18, 2015 

ADMINISTRATIVE PROVISION—LEGAL SERVICES CORPORATION

None of the funds appropriated in this Act to the Legal Services 

Corporation shall be expended for any purpose prohibited or limited 

by, or contrary to any of the provisions of, sections 501, 502, 

503, 504, 505, and 506 of Public Law 105–119, and all funds 

appropriated in this Act to the Legal Services Corporation shall 

be subject to the same terms and conditions set forth in such 

sections, except that all references in sections 502 and 503 to 

1997 and 1998 shall be deemed to refer instead to 2015 and 2016, 

respectively. 

MARINE MAMMAL COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Marine Mammal Commission 

as authorized by title II of the Marine Mammal Protection Act 

of 1972 (16 U.S.C. 1361 et seq.), $3,431,000. 

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

SALARIES AND EXPENSES

For necessary expenses of the Office of the United States Trade 

Representative, including the hire of passenger motor vehicles and 

the employment of experts and consultants as authorized by section 

3109 of title 5, United States Code, $54,500,000, of which $1,000,000 

shall remain available until expended: Provided, That not to exceed 

$124,000 shall be available for official reception and representation 

expenses. 

STATE JUSTICE INSTITUTE

SALARIES AND EXPENSES

For necessary expenses of the State Justice Institute, as authorized by the State Justice Institute Authorization Act of 1984 (42 

U.S.C. 10701 et seq.) $5,121,000, of which $500,000 shall remain 

available until September 30, 2017: Provided, That not to exceed 

$2,250 shall be available for official reception and representation 

expenses: Provided further, That, for the purposes of section 505 

of this Act, the State Justice Institute shall be considered an agency 

of the United States Government. 

TITLE V 

GENERAL PROVISIONS 

(INCLUDING RESCISSIONS)

(INCLUDING TRANSFER OF FUNDS)

SEC. 501. No part of any appropriation contained in this Act 

shall be used for publicity or propaganda purposes not authorized 

by the Congress. 

SEC. 502. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2323 

SEC. 503. The expenditure of any appropriation under this 

Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code, shall be limited 

to those contracts where such expenditures are a matter of public 

record and available for public inspection, except where otherwise 

provided under existing law, or under existing Executive order 

issued pursuant to existing law. 

SEC. 504. If any provision of this Act or the application of 

such provision to any person or circumstances shall be held invalid, 

the remainder of the Act and the application of each provision 

to persons or circumstances other than those as to which it is 

held invalid shall not be affected thereby. 

SEC. 505. None of the funds provided under this Act, or provided 

under previous appropriations Acts to the agencies funded by this 

Act that remain available for obligation or expenditure in fiscal 

year 2016, or provided from any accounts in the Treasury of the 

United States derived by the collection of fees available to the 

agencies funded by this Act, shall be available for obligation or 

expenditure through a reprogramming of funds that: (1) creates 

or initiates a new program, project or activity; (2) eliminates a 

program, project or activity; (3) increases funds or personnel by 

any means for any project or activity for which funds have been 

denied or restricted; (4) relocates an office or employees; (5) reorganizes or renames offices, programs or activities; (6) contracts out 

or privatizes any functions or activities presently performed by 

Federal employees; (7) augments existing programs, projects or 

activities in excess of $500,000 or 10 percent, whichever is less, 

or reduces by 10 percent funding for any program, project or 

activity, or numbers of personnel by 10 percent; or (8) results 

from any general savings, including savings from a reduction in 

personnel, which would result in a change in existing programs, 

projects or activities as approved by Congress; unless the House 

and Senate Committees on Appropriations are notified 15 days 

in advance of such reprogramming of funds by agencies (excluding 

agencies of the Department of Justice) funded by this Act and 

45 days in advance of such reprogramming of funds by agencies 

of the Department of Justice funded by this Act. 

SEC. 506. (a) If it has been finally determined by a court 

or Federal agency that any person intentionally affixed a label 

bearing a ‘‘Made in America’’ inscription, or any inscription with 

the same meaning, to any product sold in or shipped to the United 

States that is not made in the United States, the person shall 

be ineligible to receive any contract or subcontract made with 

funds made available in this Act, pursuant to the debarment, 

suspension, and ineligibility procedures described in sections 9.400 

through 9.409 of title 48, Code of Federal Regulations. 

(b)(1) To the extent practicable, with respect to authorized 

purchases of promotional items, funds made available by this Act 

shall be used to purchase items that are manufactured, produced, 

or assembled in the United States, its territories or possessions. 

(2) The term ‘‘promotional items’’ has the meaning given the 

term in OMB Circular A–87, Attachment B, Item (1)(f)(3). 

SEC. 507. (a) The Departments of Commerce and Justice, the 

National Science Foundation, and the National Aeronautics and 

Space Administration shall provide to the Committees on Appropriations of the House of Representatives and the Senate a quarterly 

report on the status of balances of appropriations at the account 


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129 STAT. 2324 PUBLIC LAW 114–113—DEC. 18, 2015 

level. For unobligated, uncommitted balances and unobligated, committed balances the quarterly reports shall separately identify the 

amounts attributable to each source year of appropriation from 

which the balances were derived. For balances that are obligated, 

but unexpended, the quarterly reports shall separately identify 

amounts by the year of obligation. 

(b) The report described in subsection (a) shall be submitted 

within 30 days of the end of each quarter. 

(c) If a department or agency is unable to fulfill any aspect 

of a reporting requirement described in subsection (a) due to a 

limitation of a current accounting system, the department or agency 

shall fulfill such aspect to the maximum extent practicable under 

such accounting system and shall identify and describe in each 

quarterly report the extent to which such aspect is not fulfilled. 

SEC. 508. Any costs incurred by a department or agency funded 

under this Act resulting from, or to prevent, personnel actions 

taken in response to funding reductions included in this Act shall 

be absorbed within the total budgetary resources available to such 

department or agency: Provided, That the authority to transfer 

funds between appropriations accounts as may be necessary to 

carry out this section is provided in addition to authorities included 

elsewhere in this Act: Provided further, That use of funds to carry 

out this section shall be treated as a reprogramming of funds 

under section 505 of this Act and shall not be available for obligation 

or expenditure except in compliance with the procedures set forth 

in that section: Provided further, That for the Department of Commerce, this section shall also apply to actions taken for the care 

and protection of loan collateral or grant property. 

SEC. 509. None of the funds provided by this Act shall be 

available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country 

of restrictions on the marketing of tobacco or tobacco products, 

except for restrictions which are not applied equally to all tobacco 

or tobacco products of the same type. 

SEC. 510. Notwithstanding any other provision of law, amounts 

deposited or available in the Fund established by section 1402 

of chapter XIV of title II of Public Law 98–473 (42 U.S.C. 10601) 

in any fiscal year in excess of $3,042,000,000 shall not be available 

for obligation until the following fiscal year: Provided, That notwithstanding section 1402(d) of such Act, of the amounts available 

from the Fund for obligation, $10,000,000 shall remain available 

until expended to the Department of Justice Office of Inspector 

General for oversight and auditing purposes. 

SEC. 511. None of the funds made available to the Department 

of Justice in this Act may be used to discriminate against or 

denigrate the religious or moral beliefs of students who participate 

in programs for which financial assistance is provided from those 

funds, or of the parents or legal guardians of such students. 

SEC. 512. None of the funds made available in this Act may 

be transferred to any department, agency, or instrumentality of 

the United States Government, except pursuant to a transfer made 

by, or transfer authority provided in, this Act or any other appropriations Act. 

SEC. 513. Any funds provided in this Act used to implement 

E-Government Initiatives shall be subject to the procedures set 

forth in section 505 of this Act. 

42 USC 10601 

note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2325 

SEC. 514. (a) The Inspectors General of the Department of 

Commerce, the Department of Justice, the National Aeronautics 

and Space Administration, the National Science Foundation, and 

the Legal Services Corporation shall conduct audits, pursuant to 

the Inspector General Act (5 U.S.C. App.), of grants or contracts 

for which funds are appropriated by this Act, and shall submit 

reports to Congress on the progress of such audits, which may 

include preliminary findings and a description of areas of particular 

interest, within 180 days after initiating such an audit and every 

180 days thereafter until any such audit is completed. 

(b) Within 60 days after the date on which an audit described 

in subsection (a) by an Inspector General is completed, the Secretary, Attorney General, Administrator, Director, or President, 

as appropriate, shall make the results of the audit available to 

the public on the Internet website maintained by the Department, 

Administration, Foundation, or Corporation, respectively. The 

results shall be made available in redacted form to exclude— 

(1) any matter described in section 552(b) of title 5, United 

States Code; and 

(2) sensitive personal information for any individual, the 

public access to which could be used to commit identity theft 

or for other inappropriate or unlawful purposes. 

(c) Any person awarded a grant or contract funded by amounts 

appropriated by this Act shall submit a statement to the Secretary 

of Commerce, the Attorney General, the Administrator, Director, 

or President, as appropriate, certifying that no funds derived from 

the grant or contract will be made available through a subcontract 

or in any other manner to another person who has a financial 

interest in the person awarded the grant or contract. 

(d) The provisions of the preceding subsections of this section 

shall take effect 30 days after the date on which the Director 

of the Office of Management and Budget, in consultation with 

the Director of the Office of Government Ethics, determines that 

a uniform set of rules and requirements, substantially similar to 

the requirements in such subsections, consistently apply under 

the executive branch ethics program to all Federal departments, 

agencies, and entities. 

SEC. 515. (a) None of the funds appropriated or otherwise 

made available under this Act may be used by the Departments 

of Commerce and Justice, the National Aeronautics and Space 

Administration, or the National Science Foundation to acquire a 

high-impact or moderate-impact information system, as defined for 

security categorization in the National Institute of Standards and 

Technology’s (NIST) Federal Information Processing Standard 

Publication 199, ‘‘Standards for Security Categorization of Federal 

Information and Information Systems’’ unless the agency has— 

(1) reviewed the supply chain risk for the information 

systems against criteria developed by NIST to inform acquisition decisions for high-impact and moderate-impact information 

systems within the Federal Government; 

(2) reviewed the supply chain risk from the presumptive 

awardee against available and relevant threat information provided by the Federal Bureau of Investigation (FBI) and other 

appropriate agencies; and 

(3) in consultation with the FBI or other appropriate Federal entity, conducted an assessment of any risk of cyberespionage or sabotage associated with the acquisition of such 


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129 STAT. 2326 PUBLIC LAW 114–113—DEC. 18, 2015 

system, including any risk associated with such system being 

produced, manufactured, or assembled by one or more entities 

identified by the United States Government as posing a cyber 

threat, including but not limited to, those that may be owned, 

directed, or subsidized by the People’s Republic of China. 

(b) None of the funds appropriated or otherwise made available 

under this Act may be used to acquire a high-impact or moderateimpact information system reviewed and assessed under subsection 

(a) unless the head of the assessing entity described in subsection 

(a) has— 

(1) developed, in consultation with NIST and supply chain 

risk management experts, a mitigation strategy for any identified risks; 

(2) determined that the acquisition of such system is in 

the national interest of the United States; and 

(3) reported that determination to the Committees on 

Appropriations of the House of Representatives and the Senate 

and the agency Inspector General. 

(c) During fiscal year 2016— 

(1) the FBI shall develop best practices for supply chain 

risk management; and 

(2) the Departments of Commerce and Justice, the National 

Aeronautics and Space Administration, and the National 

Science Foundation shall incorporate such practices into their 

information technology procurement practices to the maximum 

extent practicable. 

SEC. 516. None of the funds made available in this Act shall 

be used in any way whatsoever to support or justify the use of 

torture by any official or contract employee of the United States 

Government. 

SEC. 517. (a) Notwithstanding any other provision of law or 

treaty, none of the funds appropriated or otherwise made available 

under this Act or any other Act may be expended or obligated 

by a department, agency, or instrumentality of the United States 

to pay administrative expenses or to compensate an officer or 

employee of the United States in connection with requiring an 

export license for the export to Canada of components, parts, accessories or attachments for firearms listed in Category I, section 

121.1 of title 22, Code of Federal Regulations (International Trafficking in Arms Regulations (ITAR), part 121, as it existed on 

April 1, 2005) with a total value not exceeding $500 wholesale 

in any transaction, provided that the conditions of subsection (b) 

of this section are met by the exporting party for such articles. 

(b) The foregoing exemption from obtaining an export license— 

(1) does not exempt an exporter from filing any Shipper’s 

Export Declaration or notification letter required by law, or 

from being otherwise eligible under the laws of the United 

States to possess, ship, transport, or export the articles enumerated in subsection (a); and 

(2) does not permit the export without a license of— 

(A) fully automatic firearms and components and parts 

for such firearms, other than for end use by the Federal 

Government, or a Provincial or Municipal Government of 

Canada; 

(B) barrels, cylinders, receivers (frames) or complete 

breech mechanisms for any firearm listed in Category I, 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2327 

other than for end use by the Federal Government, or 

a Provincial or Municipal Government of Canada; or 

(C) articles for export from Canada to another foreign 

destination. 

(c) In accordance with this section, the District Directors of 

Customs and postmasters shall permit the permanent or temporary 

export without a license of any unclassified articles specified in 

subsection (a) to Canada for end use in Canada or return to the 

United States, or temporary import of Canadian-origin items from 

Canada for end use in the United States or return to Canada 

for a Canadian citizen. 

(d) The President may require export licenses under this section 

on a temporary basis if the President determines, upon publication 

first in the Federal Register, that the Government of Canada has 

implemented or maintained inadequate import controls for the articles specified in subsection (a), such that a significant diversion 

of such articles has and continues to take place for use in international terrorism or in the escalation of a conflict in another 

nation. The President shall terminate the requirements of a license 

when reasons for the temporary requirements have ceased. 

SEC. 518. Notwithstanding any other provision of law, no 

department, agency, or instrumentality of the United States 

receiving appropriated funds under this Act or any other Act shall 

obligate or expend in any way such funds to pay administrative 

expenses or the compensation of any officer or employee of the 

United States to deny any application submitted pursuant to 22 

U.S.C. 2778(b)(1)(B) and qualified pursuant to 27 CFR section 

478.112 or .113, for a permit to import United States origin ‘‘curios 

or relics’’ firearms, parts, or ammunition. 

SEC. 519. None of the funds made available in this Act may 

be used to include in any new bilateral or multilateral trade agreement the text of— 

(1) paragraph 2 of article 16.7 of the United States-Singapore Free Trade Agreement; 

(2) paragraph 4 of article 17.9 of the United States-Australia Free Trade Agreement; or 

(3) paragraph 4 of article 15.9 of the United States-Morocco 

Free Trade Agreement. 

SEC. 520. None of the funds made available in this Act may 

be used to authorize or issue a national security letter in contravention of any of the following laws authorizing the Federal Bureau 

of Investigation to issue national security letters: The Right to 

Financial Privacy Act; The Electronic Communications Privacy Act; 

The Fair Credit Reporting Act; The National Security Act of 1947; 

USA PATRIOT Act; USA FREEDOM Act of 2015; and the laws 

amended by these Acts. 

SEC. 521. If at any time during any quarter, the program 

manager of a project within the jurisdiction of the Departments 

of Commerce or Justice, the National Aeronautics and Space 

Administration, or the National Science Foundation totaling more 

than $75,000,000 has reasonable cause to believe that the total 

program cost has increased by 10 percent or more, the program 

manager shall immediately inform the respective Secretary, 

Administrator, or Director. The Secretary, Administrator, or 

Director shall notify the House and Senate Committees on Appropriations within 30 days in writing of such increase, and shall 

include in such notice: the date on which such determination was 


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129 STAT. 2328 PUBLIC LAW 114–113—DEC. 18, 2015 

made; a statement of the reasons for such increases; the action 

taken and proposed to be taken to control future cost growth of 

the project; changes made in the performance or schedule milestones 

and the degree to which such changes have contributed to the 

increase in total program costs or procurement costs; new estimates 

of the total project or procurement costs; and a statement validating 

that the project’s management structure is adequate to control 

total project or procurement costs. 

SEC. 522. Funds appropriated by this Act, or made available 

by the transfer of funds in this Act, for intelligence or intelligence 

related activities are deemed to be specifically authorized by the 

Congress for purposes of section 504 of the National Security Act 

of 1947 (50 U.S.C. 414) during fiscal year 2016 until the enactment 

of the Intelligence Authorization Act for fiscal year 2016. 

SEC. 523. None of the funds appropriated or otherwise made 

available by this Act may be used to enter into a contract in 

an amount greater than $5,000,000 or to award a grant in excess 

of such amount unless the prospective contractor or grantee certifies 

in writing to the agency awarding the contract or grant that, 

to the best of its knowledge and belief, the contractor or grantee 

has filed all Federal tax returns required during the three years 

preceding the certification, has not been convicted of a criminal 

offense under the Internal Revenue Code of 1986, and has not, 

more than 90 days prior to certification, been notified of any unpaid 

Federal tax assessment for which the liability remains unsatisfied, 

unless the assessment is the subject of an installment agreement 

or offer in compromise that has been approved by the Internal 

Revenue Service and is not in default, or the assessment is the 

subject of a non-frivolous administrative or judicial proceeding. 

(RESCISSIONS)

SEC. 524. (a) Of the unobligated balances from prior year appropriations available to the Department of Commerce’s Economic 

Development Administration, Economic Development Assistance 

Programs, $10,000,000 are rescinded, not later than September 

30, 2016. 

(b) Of the unobligated balances available to the Department 

of Justice, the following funds are hereby rescinded, not later than 

September 30, 2016, from the following accounts in the specified 

amounts— 

(1) ‘‘Working Capital Fund’’, $69,000,000; 

(2) ‘‘United States Marshals Service, Federal Prisoner 

Detention’’, $195,974,000; 

(3) ‘‘Federal Bureau of Investigation, Salaries and 

Expenses’’, $80,767,000 from fees collected to defray expenses 

for the automation of fingerprint identification and criminal 

justice information services and associated costs; 

(4) ‘‘State and Local Law Enforcement Activities, Office 

on Violence Against Women, Violence Against Women Prevention and Prosecution Programs’’, $15,000,000; 

(5) ‘‘State and Local Law Enforcement Activities, Office 

of Justice Programs’’, $40,000,000; 

(6) ‘‘State and Local Law Enforcement Activities, Community Oriented Policing Services’’, $10,000,000; and 

(7) ‘‘Legal Activities, Assets Forfeiture Fund’’, $458,000,000. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2329 

(c) The Departments of Commerce and Justice shall submit 

to the Committees on Appropriations of the House of Representatives and the Senate a report no later than September 1, 2016, 

specifying the amount of each rescission made pursuant to subsections (a) and (b). 

SEC. 525. None of the funds made available in this Act may 

be used to purchase first class or premium airline travel in contravention of sections 301–10.122 through 301–10.124 of title 41 

of the Code of Federal Regulations. 

SEC. 526. None of the funds made available in this Act may 

be used to send or otherwise pay for the attendance of more than 

50 employees from a Federal department or agency, who are stationed in the United States, at any single conference occurring 

outside the United States unless such conference is a law enforcement training or operational conference for law enforcement personnel and the majority of Federal employees in attendance are 

law enforcement personnel stationed outside the United States. 

SEC. 527. None of the funds appropriated or otherwise made 

available in this or any other Act may be used to transfer, release, 

or assist in the transfer or release to or within the United States, 

its territories, or possessions Khalid Sheikh Mohammed or any 

other detainee who— 

(1) is not a United States citizen or a member of the 

Armed Forces of the United States; and 

(2) is or was held on or after June 24, 2009, at the United 

States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. 

SEC. 528. (a) None of the funds appropriated or otherwise 

made available in this or any other Act may be used to construct, 

acquire, or modify any facility in the United States, its territories, 

or possessions to house any individual described in subsection (c) 

for the purposes of detention or imprisonment in the custody or 

under the effective control of the Department of Defense. 

(b) The prohibition in subsection (a) shall not apply to any 

modification of facilities at United States Naval Station, Guantanamo Bay, Cuba. 

(c) An individual described in this subsection is any individual 

who, as of June 24, 2009, is located at United States Naval Station, 

Guantanamo Bay, Cuba, and who— 

(1) is not a citizen of the United States or a member 

of the Armed Forces of the United States; and 

(2) is— 

(A) in the custody or under the effective control of 

the Department of Defense; or 

(B) otherwise under detention at United States Naval 

Station, Guantanamo Bay, Cuba. 

SEC. 529. To the extent practicable, funds made available in 

this Act should be used to purchase light bulbs that are ‘‘Energy 

Star’’ qualified or have the ‘‘Federal Energy Management Program’’ 

designation. 

SEC. 530. The Director of the Office of Management and Budget 

shall instruct any department, agency, or instrumentality of the 

United States receiving funds appropriated under this Act to track 

undisbursed balances in expired grant accounts and include in 

its annual performance plan and performance and accountability 

reports the following: 


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129 STAT. 2330 PUBLIC LAW 114–113—DEC. 18, 2015 

(1) Details on future action the department, agency, or 

instrumentality will take to resolve undisbursed balances in 

expired grant accounts. 

(2) The method that the department, agency, or instrumentality uses to track undisbursed balances in expired grant 

accounts. 

(3) Identification of undisbursed balances in expired grant 

accounts that may be returned to the Treasury of the United 

States. 

(4) In the preceding 3 fiscal years, details on the total 

number of expired grant accounts with undisbursed balances 

(on the first day of each fiscal year) for the department, agency, 

or instrumentality and the total finances that have not been 

obligated to a specific project remaining in the accounts. 

SEC. 531. (a) None of the funds made available by this Act 

may be used for the National Aeronautics and Space Administration 

(NASA) or the Office of Science and Technology Policy (OSTP) 

to develop, design, plan, promulgate, implement, or execute a 

bilateral policy, program, order, or contract of any kind to participate, collaborate, or coordinate bilaterally in any way with China 

or any Chinese-owned company unless such activities are specifically authorized by a law enacted after the date of enactment 

of this Act. 

(b) None of the funds made available by this Act may be 

used to effectuate the hosting of official Chinese visitors at facilities 

belonging to or utilized by NASA. 

(c) The limitations described in subsections (a) and (b) shall 

not apply to activities which NASA or OSTP has certified— 

(1) pose no risk of resulting in the transfer of technology, 

data, or other information with national security or economic 

security implications to China or a Chinese-owned company; 

and 

(2) will not involve knowing interactions with officials who 

have been determined by the United States to have direct 

involvement with violations of human rights. 

(d) Any certification made under subsection (c) shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate, and the Federal Bureau of Investigation, no later than 30 days prior to the activity in question and 

shall include a description of the purpose of the activity, its agenda, 

its major participants, and its location and timing. 

SEC. 532. None of the funds made available by this Act may 

be used to pay the salaries or expenses of personnel to deny, 

or fail to act on, an application for the importation of any model 

of shotgun if— 

(1) all other requirements of law with respect to the proposed importation are met; and 

(2) no application for the importation of such model of 

shotgun, in the same configuration, had been denied by the 

Attorney General prior to January 1, 2011, on the basis that 

the shotgun was not particularly suitable for or readily adaptable to sporting purposes. 

SEC. 533. (a) None of the funds made available in this Act 

may be used to maintain or establish a computer network unless 

such network blocks the viewing, downloading, and exchanging 

of pornography. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2331 

(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency 

or any other entity carrying out criminal investigations, prosecution, 

adjudication, or other law enforcement- or victim assistance-related 

activity. 

SEC. 534. The Departments of Commerce and Justice, the 

National Aeronautics and Space Administration, the National 

Science Foundation, the Commission on Civil Rights, the Equal 

Employment Opportunity Commission, the International Trade 

Commission, the Legal Services Corporation, the Marine Mammal 

Commission, the Offices of Science and Technology Policy and the 

United States Trade Representative, and the State Justice Institute 

shall submit spending plans, signed by the respective department 

or agency head, to the Committees on Appropriations of the House 

of Representatives and the Senate within 45 days after the date 

of enactment of this Act. 

SEC. 535. (a) The head of any executive branch department, 

agency, board, commission, or office funded by this Act shall submit 

annual reports to the Inspector General or senior ethics official 

for any entity without an Inspector General, regarding the costs 

and contracting procedures related to each conference held by any 

such department, agency, board, commission, or office during fiscal 

year 2016 for which the cost to the United States Government 

was more than $100,000. 

(b) Each report submitted shall include, for each conference 

described in subsection (a) held during the applicable period— 

(1) a description of its purpose; 

(2) the number of participants attending; 

(3) a detailed statement of the costs to the United States 

Government, including— 

(A) the cost of any food or beverages; 

(B) the cost of any audio-visual services; 

(C) the cost of employee or contractor travel to and 

from the conference; and 

(D) a discussion of the methodology used to determine 

which costs relate to the conference; and 

(4) a description of the contracting procedures used 

including— 

(A) whether contracts were awarded on a competitive 

basis; and 

(B) a discussion of any cost comparison conducted by 

the departmental component or office in evaluating potential contractors for the conference. 

(c) Within 15 days of the date of a conference held by any 

executive branch department, agency, board, commission, or office 

funded by this Act during fiscal year 2016 for which the cost 

to the United States Government was more than $20,000, the 

head of any such department, agency, board, commission, or office 

shall notify the Inspector General or senior ethics official for any 

entity without an Inspector General, of the date, location, and 

number of employees attending such conference. 

(d) A grant or contract funded by amounts appropriated by 

this Act may not be used for the purpose of defraying the costs 

of a banquet or conference that is not directly and programmatically 

related to the purpose for which the grant or contract was awarded, 

such as a banquet or conference held in connection with planning, 


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129 STAT. 2332 PUBLIC LAW 114–113—DEC. 18, 2015 

training, assessment, review, or other routine purposes related to 

a project funded by the grant or contract. 

(e) None of the funds made available in this Act may be used 

for travel and conference activities that are not in compliance 

with Office of Management and Budget Memorandum M–12–12 

dated May 11, 2012 or any subsequent revisions to that memorandum. 

SEC. 536. None of the funds made available by this Act may 

be obligated or expended to implement the Arms Trade Treaty 

until the Senate approves a resolution of ratification for the Treaty. 

SEC. 537. The head of any executive branch department, agency, 

board, commission, or office funded by this Act shall require that 

all contracts within their purview that provide award fees link 

such fees to successful acquisition outcomes, specifying the terms 

of cost, schedule, and performance. 

SEC. 538. Notwithstanding any other provision of this Act, 

none of the funds appropriated or otherwise made available by 

this Act may be used to pay award or incentive fees for contractor 

performance that has been judged to be below satisfactory performance or for performance that does not meet the basic requirements 

of a contract. 

SEC. 539. (a) None of the funds made available by this Act 

may be used to relinquish the responsibility of the National Telecommunications and Information Administration, during fiscal year 

2016, with respect to Internet domain name system functions, 

including responsibility with respect to the authoritative root zone 

file and the Internet Assigned Numbers Authority functions. 

(b) Nothwithstanding any other law, subsection (a) of this section shall not apply in fiscal year 2017. 

SEC. 540. No funds provided in this Act shall be used to 

deny an Inspector General funded under this Act timely access 

to any records, documents, or other materials available to the 

department or agency over which that Inspector General has responsibilities under the Inspector General Act of 1978, or to prevent 

or impede that Inspector General’s access to such records, documents, or other materials, under any provision of law, except a 

provision of law that expressly refers to the Inspector General 

and expressly limits the Inspector General’s right of access. A 

department or agency covered by this section shall provide its 

Inspector General with access to all such records, documents, and 

other materials in a timely manner. Each Inspector General shall 

ensure compliance with statutory limitations on disclosure relevant 

to the information provided by the establishment over which that 

Inspector General has responsibilities under the Inspector General 

Act of 1978. Each Inspector General covered by this section shall 

report to the Committees on Appropriations of the House of Representatives and the Senate within 5 calendar days any failures 

to comply with this requirement. 

SEC. 541. The Department of Commerce, the National Aeronautics and Space Administration, and the National Science 

Foundation shall provide a quarterly report to the Committees 

on Appropriations of the House of Representatives and the Senate 

on any official travel to China by any employee of such Department 

or agency, including the purpose of such travel. 

SEC. 542. None of the funds made available in this Act to 

the Department of Justice may be used, with respect to any of 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2333 

the States of Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, 

New Jersey, New Mexico, New York, North Carolina, Oklahoma, 

Oregon, Rhode Island, South Carolina, Tennessee, Texas, Utah, 

Vermont, Virginia, Washington, Wisconsin, and Wyoming, or with 

respect to the District of Columbia, Guam, or Puerto Rico, to prevent 

any of them from implementing their own laws that authorize 

the use, distribution, possession, or cultivation of medical marijuana. 

SEC. 543. None of the funds made available by this Act may 

be used in contravention of section 7606 (‘‘Legitimacy of Industrial 

Hemp Research’’) of the Agricultural Act of 2014 (Public Law 113– 

79) by the Department of Justice or the Drug Enforcement Administration. 

This division may be cited as the ‘‘Commerce, Justice, Science, 

and Related Agencies Appropriations Act, 2016’’. 

DIVISION C—DEPARTMENT OF DEFENSE 

APPROPRIATIONS ACT, 2016 

TITLE I 

MILITARY PERSONNEL 

MILITARY PERSONNEL, ARMY

For pay, allowances, individual clothing, subsistence, interest 

on deposits, gratuities, permanent change of station travel 

(including all expenses thereof for organizational movements), and 

expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty (except members 

of reserve components provided for elsewhere), cadets, and aviation 

cadets; for members of the Reserve Officers’ Training Corps; and 

for payments pursuant to section 156 of Public Law 97–377, as 

amended (42 U.S.C. 402 note), and to the Department of Defense 

Military Retirement Fund, $41,045,562,000. 

MILITARY PERSONNEL, NAVY

For pay, allowances, individual clothing, subsistence, interest 

on deposits, gratuities, permanent change of station travel 

(including all expenses thereof for organizational movements), and 

expenses of temporary duty travel between permanent duty stations, for members of the Navy on active duty (except members 

of the Reserve provided for elsewhere), midshipmen, and aviation 

cadets; for members of the Reserve Officers’ Training Corps; and 

for payments pursuant to section 156 of Public Law 97–377, as 

amended (42 U.S.C. 402 note), and to the Department of Defense 

Military Retirement Fund, $27,835,183,000. 

MILITARY PERSONNEL, MARINE CORPS

For pay, allowances, individual clothing, subsistence, interest 

on deposits, gratuities, permanent change of station travel 

(including all expenses thereof for organizational movements), and 

Department of 

Defense 

Appropriations 

Act, 2016. 


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129 STAT. 2334 PUBLIC LAW 114–113—DEC. 18, 2015 

expenses of temporary duty travel between permanent duty stations, for members of the Marine Corps on active duty (except 

members of the Reserve provided for elsewhere); and for payments 

pursuant to section 156 of Public Law 97–377, as amended (42 

U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $12,859,152,000. 

MILITARY PERSONNEL, AIR FORCE

For pay, allowances, individual clothing, subsistence, interest 

on deposits, gratuities, permanent change of station travel 

(including all expenses thereof for organizational movements), and 

expenses of temporary duty travel between permanent duty stations, for members of the Air Force on active duty (except members 

of reserve components provided for elsewhere), cadets, and aviation 

cadets; for members of the Reserve Officers’ Training Corps; and 

for payments pursuant to section 156 of Public Law 97–377, as 

amended (42 U.S.C. 402 note), and to the Department of Defense 

Military Retirement Fund, $27,679,066,000. 

RESERVE PERSONNEL, ARMY

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Army Reserve on active 

duty under sections 10211, 10302, and 3038 of title 10, United 

States Code, or while serving on active duty under section 12301(d) 

of title 10, United States Code, in connection with performing 

duty specified in section 12310(a) of title 10, United States Code, 

or while undergoing reserve training, or while performing drills 

or equivalent duty or other duty, and expenses authorized by section 

16131 of title 10, United States Code; and for payments to the 

Department of Defense Military Retirement Fund, $4,463,164,000. 

RESERVE PERSONNEL, NAVY

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Navy Reserve on active 

duty under section 10211 of title 10, United States Code, or while 

serving on active duty under section 12301(d) of title 10, United 

States Code, in connection with performing duty specified in section 

12310(a) of title 10, United States Code, or while undergoing reserve 

training, or while performing drills or equivalent duty, and expenses 

authorized by section 16131 of title 10, United States Code; and 

for payments to the Department of Defense Military Retirement 

Fund, $1,866,891,000. 

RESERVE PERSONNEL, MARINE CORPS

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Marine Corps Reserve 

on active duty under section 10211 of title 10, United States Code, 

or while serving on active duty under section 12301(d) of title 

10, United States Code, in connection with performing duty specified 

in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent 

duty, and for members of the Marine Corps platoon leaders class, 

and expenses authorized by section 16131 of title 10, United States 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2335 

Code; and for payments to the Department of Defense Military 

Retirement Fund, $702,481,000. 

RESERVE PERSONNEL, AIR FORCE

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Air Force Reserve on 

active duty under sections 10211, 10305, and 8038 of title 10, 

United States Code, or while serving on active duty under section 

12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States 

Code, or while undergoing reserve training, or while performing 

drills or equivalent duty or other duty, and expenses authorized 

by section 16131 of title 10, United States Code; and for payments 

to the Department of Defense Military Retirement Fund, 

$1,682,942,000. 

NATIONAL GUARD PERSONNEL, ARMY

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Army National Guard 

while on duty under sections 10211, 10302, or 12402 of title 10 

or section 708 of title 32, United States Code, or while serving 

on duty under section 12301(d) of title 10 or section 502(f) of 

title 32, United States Code, in connection with performing duty 

specified in section 12310(a) of title 10, United States Code, or 

while undergoing training, or while performing drills or equivalent 

duty or other duty, and expenses authorized by section 16131 of 

title 10, United States Code; and for payments to the Department 

of Defense Military Retirement Fund, $7,892,327,000. 

NATIONAL GUARD PERSONNEL, AIR FORCE

For pay, allowances, clothing, subsistence, gratuities, travel, 

and related expenses for personnel of the Air National Guard on 

duty under sections 10211, 10305, or 12402 of title 10 or section 

708 of title 32, United States Code, or while serving on duty 

under section 12301(d) of title 10 or section 502(f) of title 32, 

United States Code, in connection with performing duty specified 

in section 12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or 

other duty, and expenses authorized by section 16131 of title 10, 

United States Code; and for payments to the Department of Defense 

Military Retirement Fund, $3,201,890,000. 

TITLE II 

OPERATION AND MAINTENANCE 

OPERATION AND MAINTENANCE, ARMY

For expenses, not otherwise provided for, necessary for the 

operation and maintenance of the Army, as authorized by law, 

$32,399,440,000: Provided, That not to exceed $12,478,000 can be 

used for emergencies and extraordinary expenses, to be expended 

on the approval or authority of the Secretary of the Army, and 

payments may be made on his certificate of necessity for confidential 

military purposes. 


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129 STAT. 2336 PUBLIC LAW 114–113—DEC. 18, 2015 

OPERATION AND MAINTENANCE, NAVY

For expenses, not otherwise provided for, necessary for the 

operation and maintenance of the Navy and the Marine Corps, 

as authorized by law, $39,600,172,000: Provided, That not to exceed 

$15,055,000 can be used for emergencies and extraordinary 

expenses, to be expended on the approval or authority of the Secretary of the Navy, and payments may be made on his certificate 

of necessity for confidential military purposes. 

OPERATION AND MAINTENANCE, MARINE CORPS

For expenses, not otherwise provided for, necessary for the 

operation and maintenance of the Marine Corps, as authorized 

by law, $5,718,074,000. 

OPERATION AND MAINTENANCE, AIR FORCE

For expenses, not otherwise provided for, necessary for the 

operation and maintenance of the Air Force, as authorized by law, 

$35,727,457,000: Provided, That not to exceed $7,699,000 can be 

used for emergencies and extraordinary expenses, to be expended 

on the approval or authority of the Secretary of the Air Force, 

and payments may be made on his certificate of necessity for 

confidential military purposes. 

OPERATION AND MAINTENANCE, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the 

operation and maintenance of activities and agencies of the Department of Defense (other than the military departments), as authorized by law, $32,105,040,000: Provided, That not more than 

$15,000,000 may be used for the Combatant Commander Initiative 

Fund authorized under section 166a of title 10, United States 

Code: Provided further, That not to exceed $36,000,000 can be 

used for emergencies and extraordinary expenses, to be expended 

on the approval or authority of the Secretary of Defense, and 

payments may be made on his certificate of necessity for confidential 

military purposes: Provided further, That of the funds provided 

under this heading, not less than $35,045,000 shall be made available for the Procurement Technical Assistance Cooperative Agreement Program, of which not less than $3,600,000 shall be available 

for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That 

none of the funds appropriated or otherwise made available by 

this Act may be used to plan or implement the consolidation of 

a budget or appropriations liaison office of the Office of the Secretary of Defense, the office of the Secretary of a military department, or the service headquarters of one of the Armed Forces 

into a legislative affairs or legislative liaison office: Provided further, 

That $9,031,000, to remain available until expended, is available 

only for expenses relating to certain classified activities, and may 

be transferred as necessary by the Secretary of Defense to operation 

and maintenance appropriations or research, development, test and 

evaluation appropriations, to be merged with and to be available 

for the same time period as the appropriations to which transferred: 

Provided further, That any ceiling on the investment item unit 


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cost of items that may be purchased with operation and maintenance funds shall not apply to the funds described in the preceding 

proviso: Provided further, That the transfer authority provided 

under this heading is in addition to any other transfer authority 

provided elsewhere in this Act. 

OPERATION AND MAINTENANCE, ARMY RESERVE

For expenses, not otherwise provided for, necessary for the 

operation and maintenance, including training, organization, and 

administration, of the Army Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; 

care of the dead; recruiting; procurement of services, supplies, and 

equipment; and communications, $2,646,911,000. 

OPERATION AND MAINTENANCE, NAVY RESERVE

For expenses, not otherwise provided for, necessary for the 

operation and maintenance, including training, organization, and 

administration, of the Navy Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; 

care of the dead; recruiting; procurement of services, supplies, and 

equipment; and communications, $998,481,000. 

OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

For expenses, not otherwise provided for, necessary for the 

operation and maintenance, including training, organization, and 

administration, of the Marine Corps Reserve; repair of facilities 

and equipment; hire of passenger motor vehicles; travel and 

transportation; care of the dead; recruiting; procurement of services, 

supplies, and equipment; and communications, $274,526,000. 

OPERATION AND MAINTENANCE, AIR FORCE RESERVE

For expenses, not otherwise provided for, necessary for the 

operation and maintenance, including training, organization, and 

administration, of the Air Force Reserve; repair of facilities and 

equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $2,980,768,000. 

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

For expenses of training, organizing, and administering the 

Army National Guard, including medical and hospital treatment 

and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; hire of passenger 

motor vehicles; personnel services in the National Guard Bureau; 

travel expenses (other than mileage), as authorized by law for 

Army personnel on active duty, for Army National Guard division, 

regimental, and battalion commanders while inspecting units in 

compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau; supplying 

and equipping the Army National Guard as authorized by law; 

and expenses of repair, modification, maintenance, and issue of 

supplies and equipment (including aircraft), $6,595,483,000. 


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OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

For expenses of training, organizing, and administering the 

Air National Guard, including medical and hospital treatment and 

related expenses in non-Federal hospitals; maintenance, operation, 

and repairs to structures and facilities; transportation of things, 

hire of passenger motor vehicles; supplying and equipping the Air 

National Guard, as authorized by law; expenses for repair, modification, maintenance, and issue of supplies and equipment, including 

those furnished from stocks under the control of agencies of the 

Department of Defense; travel expenses (other than mileage) on 

the same basis as authorized by law for Air National Guard personnel on active Federal duty, for Air National Guard commanders 

while inspecting units in compliance with National Guard Bureau 

regulations when specifically authorized by the Chief, National 

Guard Bureau, $6,820,569,000. 

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

For salaries and expenses necessary for the United States 

Court of Appeals for the Armed Forces, $14,078,000, of which not 

to exceed $5,000 may be used for official representation purposes. 

ENVIRONMENTAL RESTORATION, ARMY

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Army, $234,829,000, to remain 

available until transferred: Provided, That the Secretary of the 

Army shall, upon determining that such funds are required for 

environmental restoration, reduction and recycling of hazardous 

waste, removal of unsafe buildings and debris of the Department 

of the Army, or for similar purposes, transfer the funds made 

available by this appropriation to other appropriations made available to the Department of the Army, to be merged with and to 

be available for the same purposes and for the same time period 

as the appropriations to which transferred: Provided further, That 

upon a determination that all or part of the funds transferred 

from this appropriation are not necessary for the purposes provided 

herein, such amounts may be transferred back to this appropriation: 

Provided further, That the transfer authority provided under this 

heading is in addition to any other transfer authority provided 

elsewhere in this Act. 

ENVIRONMENTAL RESTORATION, NAVY

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Navy, $300,000,000, to remain available until transferred: Provided, That the Secretary of the Navy 

shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, 

removal of unsafe buildings and debris of the Department of the 

Navy, or for similar purposes, transfer the funds made available 

by this appropriation to other appropriations made available to 

the Department of the Navy, to be merged with and to be available 


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for the same purposes and for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such 

amounts may be transferred back to this appropriation: Provided 

further, That the transfer authority provided under this heading 

is in addition to any other transfer authority provided elsewhere 

in this Act. 

ENVIRONMENTAL RESTORATION, AIR FORCE

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Air Force, $368,131,000, to remain 

available until transferred: Provided, That the Secretary of the 

Air Force shall, upon determining that such funds are required 

for environmental restoration, reduction and recycling of hazardous 

waste, removal of unsafe buildings and debris of the Department 

of the Air Force, or for similar purposes, transfer the funds made 

available by this appropriation to other appropriations made available to the Department of the Air Force, to be merged with and 

to be available for the same purposes and for the same time period 

as the appropriations to which transferred: Provided further, That 

upon a determination that all or part of the funds transferred 

from this appropriation are not necessary for the purposes provided 

herein, such amounts may be transferred back to this appropriation: 

Provided further, That the transfer authority provided under this 

heading is in addition to any other transfer authority provided 

elsewhere in this Act. 

ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For the Department of Defense, $8,232,000, to remain available 

until transferred: Provided, That the Secretary of Defense shall, 

upon determining that such funds are required for environmental 

restoration, reduction and recycling of hazardous waste, removal 

of unsafe buildings and debris of the Department of Defense, or 

for similar purposes, transfer the funds made available by this 

appropriation to other appropriations made available to the Department of Defense, to be merged with and to be available for the 

same purposes and for the same time period as the appropriations 

to which transferred: Provided further, That upon a determination 

that all or part of the funds transferred from this appropriation 

are not necessary for the purposes provided herein, such amounts 

may be transferred back to this appropriation: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this 

Act. 

ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Army, $231,217,000, to remain 

available until transferred: Provided, That the Secretary of the 

Army shall, upon determining that such funds are required for 


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environmental restoration, reduction and recycling of hazardous 

waste, removal of unsafe buildings and debris at sites formerly 

used by the Department of Defense, transfer the funds made available by this appropriation to other appropriations made available 

to the Department of the Army, to be merged with and to be 

available for the same purposes and for the same time period 

as the appropriations to which transferred: Provided further, That 

upon a determination that all or part of the funds transferred 

from this appropriation are not necessary for the purposes provided 

herein, such amounts may be transferred back to this appropriation: 

Provided further, That the transfer authority provided under this 

heading is in addition to any other transfer authority provided 

elsewhere in this Act. 

OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

For expenses relating to the Overseas Humanitarian, Disaster, 

and Civic Aid programs of the Department of Defense (consisting 

of the programs provided under sections 401, 402, 404, 407, 2557, 

and 2561 of title 10, United States Code), $103,266,000, to remain 

available until September 30, 2017. 

COOPERATIVE THREAT REDUCTION ACCOUNT

For assistance to the republics of the former Soviet Union 

and, with appropriate authorization by the Department of Defense 

and Department of State, to countries outside of the former Soviet 

Union, including assistance provided by contract or by grants, for 

facilitating the elimination and the safe and secure transportation 

and storage of nuclear, chemical and other weapons; for establishing 

programs to prevent the proliferation of weapons, weapons components, and weapon-related technology and expertise; for programs 

relating to the training and support of defense and military personnel for demilitarization and protection of weapons, weapons 

components, and weapons technology and expertise, and for defense 

and military contacts, $358,496,000, to remain available until September 30, 2018. 

TITLE III 

PROCUREMENT 

AIRCRAFT PROCUREMENT, ARMY

For construction, procurement, production, modification, and 

modernization of aircraft, equipment, including ordnance, ground 

handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private 

plants, including the land necessary therefor, for the foregoing 

purposes, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and 

machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway; and other 

expenses necessary for the foregoing purposes, $5,866,367,000, to 

remain available for obligation until September 30, 2018. 


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MISSILE PROCUREMENT, ARMY

For construction, procurement, production, modification, and 

modernization of missiles, equipment, including ordnance, ground 

handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private 

plants, including the land necessary therefor, for the foregoing 

purposes, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and 

machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway; and other 

expenses necessary for the foregoing purposes, $1,600,957,000, to 

remain available for obligation until September 30, 2018. 

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, 

ARMY

For construction, procurement, production, and modification 

of weapons and tracked combat vehicles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment 

and training devices; expansion of public and private plants, 

including the land necessary therefor, for the foregoing purposes, 

and such lands and interests therein, may be acquired, and 

construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and 

machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway; and other 

expenses necessary for the foregoing purposes, $1,951,646,000, to 

remain available for obligation until September 30, 2018. 

PROCUREMENT OF AMMUNITION, ARMY

For construction, procurement, production, and modification 

of ammunition, and accessories therefor; specialized equipment and 

training devices; expansion of public and private plants, including 

ammunition facilities, authorized by section 2854 of title 10, United 

States Code, and the land necessary therefor, for the foregoing 

purposes, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and 

machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway; and other 

expenses necessary for the foregoing purposes, $1,245,426,000, to 

remain available for obligation until September 30, 2018. 

OTHER PROCUREMENT, ARMY

For construction, procurement, production, and modification 

of vehicles, including tactical, support, and non-tracked combat 

vehicles; the purchase of passenger motor vehicles for replacement 

only; communications and electronic equipment; other support 

equipment; spare parts, ordnance, and accessories therefor; specialized equipment and training devices; expansion of public and private 

plants, including the land necessary therefor, for the foregoing 

purposes, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and 


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machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway; and other 

expenses necessary for the foregoing purposes, $5,718,811,000, to 

remain available for obligation until September 30, 2018. 

AIRCRAFT PROCUREMENT, NAVY

For construction, procurement, production, modification, and 

modernization of aircraft, equipment, including ordnance, spare 

parts, and accessories therefor; specialized equipment; expansion 

of public and private plants, including the land necessary therefor, 

and such lands and interests therein, may be acquired, and 

construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and 

machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway, 

$17,521,209,000, to remain available for obligation until September 

30, 2018. 

WEAPONS PROCUREMENT, NAVY

For construction, procurement, production, modification, and 

modernization of missiles, torpedoes, other weapons, and related 

support equipment including spare parts, and accessories therefor; 

expansion of public and private plants, including the land necessary 

therefor, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and 

machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway, 

$3,049,542,000, to remain available for obligation until September 

30, 2018. 

PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS

For construction, procurement, production, and modification 

of ammunition, and accessories therefor; specialized equipment and 

training devices; expansion of public and private plants, including 

ammunition facilities, authorized by section 2854 of title 10, United 

States Code, and the land necessary therefor, for the foregoing 

purposes, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and 

machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway; and other 

expenses necessary for the foregoing purposes, $651,920,000, to 

remain available for obligation until September 30, 2018. 

SHIPBUILDING AND CONVERSION, NAVY

For expenses necessary for the construction, acquisition, or 

conversion of vessels as authorized by law, including armor and 

armament thereof, plant equipment, appliances, and machine tools 

and installation thereof in public and private plants; reserve plant 

and Government and contractor-owned equipment layaway; 

procurement of critical, long lead time components and designs 

for vessels to be constructed or converted in the future; and expansion of public and private plants, including land necessary therefor, 


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and such lands and interests therein, may be acquired, and 

construction prosecuted thereon prior to approval of title, as follows: 

Carrier Replacement Program, $1,569,571,000; 

Carrier Replacement Program (AP), $862,358,000; 

Virginia Class Submarine, $3,346,370,000; 

Virginia Class Submarine (AP), $1,971,840,000; 

CVN Refueling Overhauls, $637,588,000; 

CVN Refueling Overhauls (AP), $14,951,000; 

DDG–1000 Program, $433,404,000; 

DDG–51 Destroyer, $4,132,650,000; 

Littoral Combat Ship, $1,331,591,000; 

LPD–17, $550,000,000; 

Afloat Forward Staging Base, $635,000,000; 

LHA Replacement (AP), $476,543,000; 

LX(R) (AP), $250,000,000; 

Joint High Speed Vessel, $225,000,000; 

TAO Fleet Oiler, $674,190,000; 

T–ATS(X) Fleet Tug, $75,000,000; 

LCU Replacement, $34,000,000; 

Moored Training Ship (AP), $138,200,000; 

Ship to Shore Connector, $210,630,000; 

Service Craft, $30,014,000; 

LCAC Service Life Extension Program, $80,738,000; 

YP Craft Maintenance/ROH/SLEP, $21,838,000; and 

For outfitting, post delivery, conversions, and first destination transportation, $613,758,000. 

Completion of Prior Year Shipbuilding Programs, 

$389,305,000. 

In all: $18,704,539,000, to remain available for obligation until 

September 30, 2020: Provided, That additional obligations may 

be incurred after September 30, 2020, for engineering services, 

tests, evaluations, and other such budgeted work that must be 

performed in the final stage of ship construction: Provided further, 

That none of the funds provided under this heading for the construction or conversion of any naval vessel to be constructed in shipyards 

in the United States shall be expended in foreign facilities for 

the construction of major components of such vessel: Provided further, That none of the funds provided under this heading shall 

be used for the construction of any naval vessel in foreign shipyards. 

OTHER PROCUREMENT, NAVY

For procurement, production, and modernization of support 

equipment and materials not otherwise provided for, Navy ordnance 

(except ordnance for new aircraft, new ships, and ships authorized 

for conversion); the purchase of passenger motor vehicles for 

replacement only; expansion of public and private plants, including 

the land necessary therefor, and such lands and interests therein, 

may be acquired, and construction prosecuted thereon prior to 

approval of title; and procurement and installation of equipment, 

appliances, and machine tools in public and private plants; reserve 

plant and Government and contractor-owned equipment layaway, 

$6,484,257,000, to remain available for obligation until September 

30, 2018. 


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PROCUREMENT, MARINE CORPS

For expenses necessary for the procurement, manufacture, and 

modification of missiles, armament, military equipment, spare 

parts, and accessories therefor; plant equipment, appliances, and 

machine tools, and installation thereof in public and private plants; 

reserve plant and Government and contractor-owned equipment 

layaway; vehicles for the Marine Corps, including the purchase 

of passenger motor vehicles for replacement only; and expansion 

of public and private plants, including land necessary therefor, 

and such lands and interests therein, may be acquired, and 

construction prosecuted thereon prior to approval of title, 

$1,186,812,000, to remain available for obligation until September 

30, 2018. 

AIRCRAFT PROCUREMENT, AIR FORCE

For construction, procurement, and modification of aircraft and 

equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories 

therefor; specialized equipment; expansion of public and private 

plants, Government-owned equipment and installation thereof in 

such plants, erection of structures, and acquisition of land, for 

the foregoing purposes, and such lands and interests therein, may 

be acquired, and construction prosecuted thereon prior to approval 

of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, $15,756,853,000, 

to remain available for obligation until September 30, 2018. 

MISSILE PROCUREMENT, AIR FORCE

For construction, procurement, and modification of missiles, 

rockets, and related equipment, including spare parts and accessories therefor; ground handling equipment, and training devices; 

expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, 

and acquisition of land, for the foregoing purposes, and such lands 

and interests therein, may be acquired, and construction prosecuted 

thereon prior to approval of title; reserve plant and Government 

and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation 

of things, $2,912,131,000, to remain available for obligation until 

September 30, 2018. 

SPACE PROCUREMENT, AIR FORCE

For construction, procurement, and modification of spacecraft, 

rockets, and related equipment, including spare parts and accessories therefor; ground handling equipment, and training devices; 

expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, 

and acquisition of land, for the foregoing purposes, and such lands 

and interests therein, may be acquired, and construction prosecuted 

thereon prior to approval of title; reserve plant and Government 

and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation 


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of things, $2,812,159,000, to remain available for obligation until 

September 30, 2018. 

PROCUREMENT OF AMMUNITION, AIR FORCE

For construction, procurement, production, and modification 

of ammunition, and accessories therefor; specialized equipment and 

training devices; expansion of public and private plants, including 

ammunition facilities, authorized by section 2854 of title 10, United 

States Code, and the land necessary therefor, for the foregoing 

purposes, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and 

machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway; and other 

expenses necessary for the foregoing purposes, $1,744,993,000, to 

remain available for obligation until September 30, 2018. 

OTHER PROCUREMENT, AIR FORCE

For procurement and modification of equipment (including 

ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and 

spare parts therefor, not otherwise provided for; the purchase of 

passenger motor vehicles for replacement only; lease of passenger 

motor vehicles; and expansion of public and private plants, Government-owned equipment and installation thereof in such plants, 

erection of structures, and acquisition of land, for the foregoing 

purposes, and such lands and interests therein, may be acquired, 

and construction prosecuted thereon, prior to approval of title; 

reserve plant and Government and contractor-owned equipment 

layaway, $18,311,882,000, to remain available for obligation until 

September 30, 2018. 

PROCUREMENT, DEFENSE-WIDE

For expenses of activities and agencies of the Department of 

Defense (other than the military departments) necessary for 

procurement, production, and modification of equipment, supplies, 

materials, and spare parts therefor, not otherwise provided for; 

the purchase of passenger motor vehicles for replacement only; 

expansion of public and private plants, equipment, and installation 

thereof in such plants, erection of structures, and acquisition of 

land for the foregoing purposes, and such lands and interests 

therein, may be acquired, and construction prosecuted thereon prior 

to approval of title; reserve plant and Government and contractorowned equipment layaway, $5,245,443,000, to remain available for 

obligation until September 30, 2018. 

DEFENSE PRODUCTION ACT PURCHASES

For activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of 

1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), $76,680,000, 

to remain available until expended. 


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TITLE IV 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

For expenses necessary for basic and applied scientific research, 

development, test and evaluation, including maintenance, 

rehabilitation, lease, and operation of facilities and equipment, 

$7,565,327,000, to remain available for obligation until September 

30, 2017. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

For expenses necessary for basic and applied scientific research, 

development, test and evaluation, including maintenance, 

rehabilitation, lease, and operation of facilities and equipment, 

$18,117,677,000, to remain available for obligation until September 

30, 2017: Provided, That funds appropriated in this paragraph 

which are available for the V–22 may be used to meet unique 

operational requirements of the Special Operations Forces. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE

For expenses necessary for basic and applied scientific research, 

development, test and evaluation, including maintenance, 

rehabilitation, lease, and operation of facilities and equipment, 

$25,217,148,000, to remain available for obligation until September 

30, 2017. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For expenses of activities and agencies of the Department of 

Defense (other than the military departments), necessary for basic 

and applied scientific research, development, test and evaluation; 

advanced research projects as may be designated and determined 

by the Secretary of Defense, pursuant to law; maintenance, 

rehabilitation, lease, and operation of facilities and equipment, 

$18,695,955,000, to remain available for obligation until September 

30, 2017: Provided, That, of the funds made available in this paragraph, $250,000,000 for the Defense Rapid Innovation Program 

shall only be available for expenses, not otherwise provided for, 

to include program management and oversight, to conduct research, 

development, test and evaluation to include proof of concept demonstration; engineering, testing, and validation; and transition to 

full-scale production: Provided further, That the Secretary of 

Defense may transfer funds provided herein for the Defense Rapid 

Innovation Program to appropriations for research, development, 

test and evaluation to accomplish the purpose provided herein: 

Provided further, That this transfer authority is in addition to 

any other transfer authority available to the Department of Defense: 

Provided further, That the Secretary of Defense shall, not fewer 

than 30 days prior to making transfers from this appropriation, 

notify the congressional defense committees in writing of the details 

of any such transfer. 


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OPERATIONAL TEST AND EVALUATION, DEFENSE

For expenses, not otherwise provided for, necessary for the 

independent activities of the Director, Operational Test and Evaluation, in the direction and supervision of operational test and evaluation, including initial operational test and evaluation which is conducted prior to, and in support of, production decisions; joint operational testing and evaluation; and administrative expenses in 

connection therewith, $188,558,000, to remain available for obligation until September 30, 2017. 

TITLE V 

REVOLVING AND MANAGEMENT FUNDS 

DEFENSE WORKING CAPITAL FUNDS

For the Defense Working Capital Funds, $1,738,768,000. 

NATIONAL DEFENSE SEALIFT FUND

For National Defense Sealift Fund programs, projects, and 

activities, and for expenses of the National Defense Reserve Fleet, 

as established by section 11 of the Merchant Ship Sales Act of 

1946 (50 U.S.C. App. 1744), and for the necessary expenses to 

maintain and preserve a U.S.-flag merchant fleet to serve the 

national security needs of the United States, $474,164,000, to 

remain available until expended: Provided, That none of the funds 

provided in this paragraph shall be used to award a new contract 

that provides for the acquisition of any of the following major 

components unless such components are manufactured in the 

United States: auxiliary equipment, including pumps, for all shipboard services; propulsion system components (engines, reduction 

gears, and propellers); shipboard cranes; and spreaders for shipboard cranes: Provided further, That the exercise of an option 

in a contract awarded through the obligation of previously appropriated funds shall not be considered to be the award of a new 

contract: Provided further, That none of the funds provided in 

this paragraph shall be used to award a new contract for the 

construction, acquisition, or conversion of vessels, including procurement of critical, long lead time components and designs for vessels 

to be constructed or converted in the future: Provided further, 

That the Secretary of the military department responsible for such 

procurement may waive the restrictions in the first proviso on 

a case-by-case basis by certifying in writing to the Committees 

on Appropriations of the House of Representatives and the Senate 

that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such 

an acquisition must be made in order to acquire capability for 

national security purposes. 


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TITLE VI 

OTHER DEPARTMENT OF DEFENSE PROGRAMS 

DEFENSE HEALTH PROGRAM

For expenses, not otherwise provided for, for medical and health 

care programs of the Department of Defense as authorized by 

law, $32,329,490,000; of which $29,842,167,000 shall be for operation and maintenance, of which not to exceed one percent shall 

remain available for obligation until September 30, 2017, and of 

which up to $14,579,612,000 may be available for contracts entered 

into under the TRICARE program; of which $365,390,000, to remain 

available for obligation until September 30, 2018, shall be for 

procurement; and of which $2,121,933,000, to remain available for 

obligation until September 30, 2017, shall be for research, development, test and evaluation: Provided, That, notwithstanding any 

other provision of law, of the amount made available under this 

heading for research, development, test and evaluation, not less 

than $8,000,000 shall be available for HIV prevention educational 

activities undertaken in connection with United States military 

training, exercises, and humanitarian assistance activities conducted primarily in African nations: Provided further, That of the 

funds provided under this heading for research, development, test 

and evaluation, not less than $943,300,000 shall be made available 

to the United States Army Medical Research and Materiel Command to carry out the congressionally directed medical research 

programs. 

CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE

For expenses, not otherwise provided for, necessary for the 

destruction of the United States stockpile of lethal chemical agents 

and munitions in accordance with the provisions of section 1412 

of the Department of Defense Authorization Act, 1986 (50 U.S.C. 

1521), and for the destruction of other chemical warfare materials 

that are not in the chemical weapon stockpile, $699,821,000, of 

which $118,198,000 shall be for operation and maintenance, of 

which no less than $50,743,000 shall be for the Chemical Stockpile 

Emergency Preparedness Program, consisting of $21,289,000 for 

activities on military installations and $29,454,000, to remain available until September 30, 2017, to assist State and local governments; $2,281,000 shall be for procurement, to remain available 

until September 30, 2018, of which $2,281,000 shall be for the 

Chemical Stockpile Emergency Preparedness Program to assist 

State and local governments; and $579,342,000, to remain available 

until September 30, 2017, shall be for research, development, test 

and evaluation, of which $569,339,000 shall only be for the Assembled Chemical Weapons Alternatives program. 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

(INCLUDING TRANSFER OF FUNDS)

For drug interdiction and counter-drug activities of the Department of Defense, for transfer to appropriations available to the 

Department of Defense for military personnel of the reserve components serving under the provisions of title 10 and title 32, United 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2349 

States Code; for operation and maintenance; for procurement; and 

for research, development, test and evaluation, $1,050,598,000, of 

which $716,109,000 shall be for counter-narcotics support; 

$121,589,000 shall be for the drug demand reduction program; 

$192,900,000 shall be for the National Guard counter-drug program; 

and $20,000,000 shall be for the National Guard counter-drug 

schools program: Provided, That the funds appropriated under this 

heading shall be available for obligation for the same time period 

and for the same purpose as the appropriation to which transferred: 

Provided further, That upon a determination that all or part of 

the funds transferred from this appropriation are not necessary 

for the purposes provided herein, such amounts may be transferred 

back to this appropriation: Provided further, That the transfer 

authority provided under this heading is in addition to any other 

transfer authority contained elsewhere in this Act. 

OFFICE OF THE INSPECTOR GENERAL

For expenses and activities of the Office of the Inspector General in carrying out the provisions of the Inspector General Act 

of 1978, as amended, $312,559,000, of which $310,459,000 shall 

be for operation and maintenance, of which not to exceed $700,000 

is available for emergencies and extraordinary expenses to be 

expended on the approval or authority of the Inspector General, 

and payments may be made on the Inspector General’s certificate 

of necessity for confidential military purposes; and of which 

$2,100,000, to remain available until September 30, 2017, shall 

be for research, development, test and evaluation. 

TITLE VII 

RELATED AGENCIES 

CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SYSTEM FUND

For payment to the Central Intelligence Agency Retirement 

and Disability System Fund, to maintain the proper funding level 

for continuing the operation of the Central Intelligence Agency 

Retirement and Disability System, $514,000,000. 

INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

For necessary expenses of the Intelligence Community Management Account, $505,206,000. 

TITLE VIII 

GENERAL PROVISIONS 

SEC. 8001. No part of any appropriation contained in this 

Act shall be used for publicity or propaganda purposes not authorized by the Congress. 

SEC. 8002. During the current fiscal year, provisions of law 

prohibiting the payment of compensation to, or employment of, 

any person not a citizen of the United States shall not apply 

to personnel of the Department of Defense: Provided, That salary 

increases granted to direct and indirect hire foreign national 

10 USC 1584 

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employees of the Department of Defense funded by this Act shall 

not be at a rate in excess of the percentage increase authorized 

by law for civilian employees of the Department of Defense whose 

pay is computed under the provisions of section 5332 of title 5, 

United States Code, or at a rate in excess of the percentage increase 

provided by the appropriate host nation to its own employees, 

whichever is higher: Provided further, That this section shall not 

apply to Department of Defense foreign service national employees 

serving at United States diplomatic missions whose pay is set 

by the Department of State under the Foreign Service Act of 1980: 

Provided further, That the limitations of this provision shall not 

apply to foreign national employees of the Department of Defense 

in the Republic of Turkey. 

SEC. 8003. No part of any appropriation contained in this 

Act shall remain available for obligation beyond the current fiscal 

year, unless expressly so provided herein. 

SEC. 8004. No more than 20 percent of the appropriations 

in this Act which are limited for obligation during the current 

fiscal year shall be obligated during the last 2 months of the 

fiscal year: Provided, That this section shall not apply to obligations 

for support of active duty training of reserve components or summer 

camp training of the Reserve Officers’ Training Corps. 

(TRANSFER OF FUNDS)

SEC. 8005. Upon determination by the Secretary of Defense 

that such action is necessary in the national interest, he may, 

with the approval of the Office of Management and Budget, transfer 

not to exceed $4,500,000,000 of working capital funds of the Department of Defense or funds made available in this Act to the Department of Defense for military functions (except military construction) 

between such appropriations or funds or any subdivision thereof, 

to be merged with and to be available for the same purposes, 

and for the same time period, as the appropriation or fund to 

which transferred: Provided, That such authority to transfer may 

not be used unless for higher priority items, based on unforeseen 

military requirements, than those for which originally appropriated 

and in no case where the item for which funds are requested 

has been denied by the Congress: Provided further, That the Secretary of Defense shall notify the Congress promptly of all transfers 

made pursuant to this authority or any other authority in this 

Act: Provided further, That no part of the funds in this Act shall 

be available to prepare or present a request to the Committees 

on Appropriations for reprogramming of funds, unless for higher 

priority items, based on unforeseen military requirements, than 

those for which originally appropriated and in no case where the 

item for which reprogramming is requested has been denied by 

the Congress: Provided further, That a request for multiple 

reprogrammings of funds using authority provided in this section 

shall be made prior to June 30, 2016: Provided further, That transfers among military personnel appropriations shall not be taken 

into account for purposes of the limitation on the amount of funds 

that may be transferred under this section. 

SEC. 8006. (a) With regard to the list of specific programs, 

projects, and activities (and the dollar amounts and adjustments 

to budget activities corresponding to such programs, projects, and 

activities) contained in the tables titled ‘‘Explanation of Project 


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Level Adjustments’’ in the explanatory statement regarding this 

Act, the obligation and expenditure of amounts appropriated or 

otherwise made available in this Act for those programs, projects, 

and activities for which the amounts appropriated exceed the 

amounts requested are hereby required by law to be carried out 

in the manner provided by such tables to the same extent as 

if the tables were included in the text of this Act. 

(b) Amounts specified in the referenced tables described in 

subsection (a) shall not be treated as subdivisions of appropriations 

for purposes of section 8005 of this Act: Provided, That section 

8005 shall apply when transfers of the amounts described in subsection (a) occur between appropriation accounts. 

SEC. 8007. (a) Not later than 60 days after enactment of this 

Act, the Department of Defense shall submit a report to the congressional defense committees to establish the baseline for application 

of reprogramming and transfer authorities for fiscal year 2016: 

Provided, That the report shall include— 

(1) a table for each appropriation with a separate column 

to display the President’s budget request, adjustments made 

by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; 

(2) a delineation in the table for each appropriation both 

by budget activity and program, project, and activity as detailed 

in the Budget Appendix; and 

(3) an identification of items of special congressional 

interest. 

(b) Notwithstanding section 8005 of this Act, none of the funds 

provided in this Act shall be available for reprogramming or transfer 

until the report identified in subsection (a) is submitted to the 

congressional defense committees, unless the Secretary of Defense 

certifies in writing to the congressional defense committees that 

such reprogramming or transfer is necessary as an emergency 

requirement: Provided, That this subsection shall not apply to transfers from the following appropriations accounts: 

(1) ‘‘Environmental Restoration, Army’’; 

(2) ‘‘Environmental Restoration, Navy’’; 

(3) ‘‘Environmental Restoration, Air Force’’; 

(4) ‘‘Environmental Restoration, Defense-wide’’; and 

(5) ‘‘Environmental Restoration, Formerly Used Defense 

Sites’’. 

(TRANSFER OF FUNDS)

SEC. 8008. During the current fiscal year, cash balances in 

working capital funds of the Department of Defense established 

pursuant to section 2208 of title 10, United States Code, may 

be maintained in only such amounts as are necessary at any time 

for cash disbursements to be made from such funds: Provided, 

That transfers may be made between such funds: Provided further, 

That transfers may be made between working capital funds and 

the ‘‘Foreign Currency Fluctuations, Defense’’ appropriation and 

the ‘‘Operation and Maintenance’’ appropriation accounts in such 

amounts as may be determined by the Secretary of Defense, with 

the approval of the Office of Management and Budget, except that 

such transfers may not be made unless the Secretary of Defense 

has notified the Congress of the proposed transfer: Provided further, 

That except in amounts equal to the amounts appropriated to 


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working capital funds in this Act, no obligations may be made 

against a working capital fund to procure or increase the value 

of war reserve material inventory, unless the Secretary of Defense 

has notified the Congress prior to any such obligation. 

SEC. 8009. Funds appropriated by this Act may not be used 

to initiate a special access program without prior notification 30 

calendar days in advance to the congressional defense committees. 

SEC. 8010. None of the funds provided in this Act shall be 

available to initiate: (1) a multiyear contract that employs economic 

order quantity procurement in excess of $20,000,000 in any one 

year of the contract or that includes an unfunded contingent liability 

in excess of $20,000,000; or (2) a contract for advance procurement 

leading to a multiyear contract that employs economic order 

quantity procurement in excess of $20,000,000 in any one year, 

unless the congressional defense committees have been notified 

at least 30 days in advance of the proposed contract award: Provided, That no part of any appropriation contained in this Act 

shall be available to initiate a multiyear contract for which the 

economic order quantity advance procurement is not funded at 

least to the limits of the Government’s liability: Provided further, That no part of any appropriation contained in this Act shall 

be available to initiate multiyear procurement contracts for any 

systems or component thereof if the value of the multiyear contract 

would exceed $500,000,000 unless specifically provided in this Act: 

Provided further, That no multiyear procurement contract can be 

terminated without 30-day prior notification to the congressional 

defense committees: Provided further, That the execution of 

multiyear authority shall require the use of a present value analysis 

to determine lowest cost compared to an annual procurement: Provided further, That none of the funds provided in this Act may 

be used for a multiyear contract executed after the date of the 

enactment of this Act unless in the case of any such contract— 

(1) the Secretary of Defense has submitted to Congress 

a budget request for full funding of units to be procured through 

the contract and, in the case of a contract for procurement 

of aircraft, that includes, for any aircraft unit to be procured 

through the contract for which procurement funds are requested 

in that budget request for production beyond advance procurement activities in the fiscal year covered by the budget, full 

funding of procurement of such unit in that fiscal year; 

(2) cancellation provisions in the contract do not include 

consideration of recurring manufacturing costs of the contractor 

associated with the production of unfunded units to be delivered 

under the contract; 

(3) the contract provides that payments to the contractor 

under the contract shall not be made in advance of incurred 

costs on funded units; and 

(4) the contract does not provide for a price adjustment 

based on a failure to award a follow-on contract. 

SEC. 8011. Within the funds appropriated for the operation 

and maintenance of the Armed Forces, funds are hereby appropriated pursuant to section 401 of title 10, United States Code, 

for humanitarian and civic assistance costs under chapter 20 of 

title 10, United States Code. Such funds may also be obligated 

for humanitarian and civic assistance costs incidental to authorized 

operations and pursuant to authority granted in section 401 of 

chapter 20 of title 10, United States Code, and these obligations 

10 USC 2306b 

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shall be reported as required by section 401(d) of title 10, United 

States Code: Provided, That funds available for operation and 

maintenance shall be available for providing humanitarian and 

similar assistance by using Civic Action Teams in the Trust Territories of the Pacific Islands and freely associated states of Micronesia, pursuant to the Compact of Free Association as authorized 

by Public Law 99–239: Provided further, That upon a determination 

by the Secretary of the Army that such action is beneficial for 

graduate medical education programs conducted at Army medical 

facilities located in Hawaii, the Secretary of the Army may authorize 

the provision of medical services at such facilities and transportation to such facilities, on a nonreimbursable basis, for civilian 

patients from American Samoa, the Commonwealth of the Northern 

Mariana Islands, the Marshall Islands, the Federated States of 

Micronesia, Palau, and Guam. 

SEC. 8012. (a) During fiscal year 2016, the civilian personnel 

of the Department of Defense may not be managed on the basis 

of any end-strength, and the management of such personnel during 

that fiscal year shall not be subject to any constraint or limitation 

(known as an end-strength) on the number of such personnel who 

may be employed on the last day of such fiscal year. 

(b) The fiscal year 2017 budget request for the Department 

of Defense as well as all justification material and other documentation supporting the fiscal year 2017 Department of Defense budget 

request shall be prepared and submitted to the Congress as if 

subsections (a) and (b) of this provision were effective with regard 

to fiscal year 2017. 

(c) As required by section 1107 of the National Defense 

Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 

U.S.C. 2358 note) civilian personnel at the Department of Army 

Science and Technology Reinvention Laboratories may not be managed on the basis of the Table of Distribution and Allowances, 

and the management of the workforce strength shall be done in 

a manner consistent with the budget available with respect to 

such Laboratories. 

(d) Nothing in this section shall be construed to apply to military (civilian) technicians. 

SEC. 8013. None of the funds made available by this Act shall 

be used in any way, directly or indirectly, to influence congressional 

action on any legislation or appropriation matters pending before 

the Congress. 

SEC. 8014. None of the funds appropriated by this Act shall 

be available for the basic pay and allowances of any member of 

the Army participating as a full-time student and receiving benefits 

paid by the Secretary of Veterans Affairs from the Department 

of Defense Education Benefits Fund when time spent as a fulltime student is credited toward completion of a service commitment: 

Provided, That this section shall not apply to those members who 

have reenlisted with this option prior to October 1, 1987: Provided 

further, That this section applies only to active components of 

the Army. 

(TRANSFER OF FUNDS)

SEC. 8015. Funds appropriated in title III of this Act for the 

Department of Defense Pilot Mentor-Prote ́ge ́ Program may be transferred to any other appropriation contained in this Act solely for 


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the purpose of implementing a Mentor-Prote ́ge ́ Program developmental assistance agreement pursuant to section 831 of the 

National Defense Authorization Act for Fiscal Year 1991 (Public 

Law 101–510; 10 U.S.C. 2302 note), as amended, under the 

authority of this provision or any other transfer authority contained 

in this Act. 

SEC. 8016. None of the funds in this Act may be available 

for the purchase by the Department of Defense (and its departments 

and agencies) of welded shipboard anchor and mooring chain 4 

inches in diameter and under unless the anchor and mooring chain 

are manufactured in the United States from components which 

are substantially manufactured in the United States: Provided, That for the purpose of this section, the term ‘‘manufactured’’ shall 

include cutting, heat treating, quality control, testing of chain and 

welding (including the forging and shot blasting process): Provided 

further, That for the purpose of this section substantially all of 

the components of anchor and mooring chain shall be considered 

to be produced or manufactured in the United States if the aggregate cost of the components produced or manufactured in the United 

States exceeds the aggregate cost of the components produced or 

manufactured outside the United States: Provided further, That 

when adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis, the Secretary 

of the service responsible for the procurement may waive this 

restriction on a case-by-case basis by certifying in writing to the 

Committees on Appropriations that such an acquisition must be 

made in order to acquire capability for national security purposes. 

SEC. 8017. Of the amounts appropriated for ‘‘Working Capital 

Fund, Army’’, $145,000,000 shall be available to maintain competitive rates at the arsenals. 

SEC. 8018. None of the funds available to the Department 

of Defense may be used to demilitarize or dispose of M–1 Carbines, 

M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles, 

or M–1911 pistols, or to demilitarize or destroy small arms ammunition or ammunition components that are not otherwise prohibited 

from commercial sale under Federal law, unless the small arms 

ammunition or ammunition components are certified by the Secretary of the Army or designee as unserviceable or unsafe for 

further use. 

SEC. 8019. No more than $500,000 of the funds appropriated 

or made available in this Act shall be used during a single fiscal 

year for any single relocation of an organization, unit, activity 

or function of the Department of Defense into or within the National 

Capital Region: Provided, That the Secretary of Defense may waive 

this restriction on a case-by-case basis by certifying in writing 

to the congressional defense committees that such a relocation 

is required in the best interest of the Government. 

SEC. 8020. Of the funds made available in this Act, $15,000,000 

shall be available for incentive payments authorized by section 

504 of the Indian Financing Act of 1974 (25 U.S.C. 1544): Provided, 

That a prime contractor or a subcontractor at any tier that makes 

a subcontract award to any subcontractor or supplier as defined 

in section 1544 of title 25, United States Code, or a small business 

owned and controlled by an individual or individuals defined under 

section 4221(9) of title 25, United States Code, shall be considered 

a contractor for the purposes of being allowed additional compensation under section 504 of the Indian Financing Act of 1974 (25 


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U.S.C. 1544) whenever the prime contract or subcontract amount 

is over $500,000 and involves the expenditure of funds appropriated 

by an Act making appropriations for the Department of Defense 

with respect to any fiscal year: Provided further, That notwithstanding section 1906 of title 41, United States Code, this section 

shall be applicable to any Department of Defense acquisition of 

supplies or services, including any contract and any subcontract 

at any tier for acquisition of commercial items produced or manufactured, in whole or in part, by any subcontractor or supplier defined 

in section 1544 of title 25, United States Code, or a small business 

owned and controlled by an individual or individuals defined under 

section 4221(9) of title 25, United States Code. 

SEC. 8021. Funds appropriated by this Act for the Defense 

Media Activity shall not be used for any national or international 

political or psychological activities. 

SEC. 8022. During the current fiscal year, the Department 

of Defense is authorized to incur obligations of not to exceed 

$350,000,000 for purposes specified in section 2350j(c) of title 10, 

United States Code, in anticipation of receipt of contributions, only 

from the Government of Kuwait, under that section: Provided, That, upon receipt, such contributions from the Government of 

Kuwait shall be credited to the appropriations or fund which 

incurred such obligations. 

SEC. 8023. (a) Of the funds made available in this Act, not 

less than $39,500,000 shall be available for the Civil Air Patrol 

Corporation, of which— 

(1) $27,400,000 shall be available from ‘‘Operation and 

Maintenance, Air Force’’ to support Civil Air Patrol Corporation 

operation and maintenance, readiness, counter-drug activities, 

and drug demand reduction activities involving youth programs; 

(2) $10,400,000 shall be available from ‘‘Aircraft Procurement, Air Force’’; and 

(3) $1,700,000 shall be available from ‘‘Other Procurement, 

Air Force’’ for vehicle procurement. 

(b) The Secretary of the Air Force should waive reimbursement 

for any funds used by the Civil Air Patrol for counter-drug activities 

in support of Federal, State, and local government agencies. 

SEC. 8024. (a) None of the funds appropriated in this Act 

are available to establish a new Department of Defense (department) federally funded research and development center (FFRDC), 

either as a new entity, or as a separate entity administrated by 

an organization managing another FFRDC, or as a nonprofit membership corporation consisting of a consortium of other FFRDCs 

and other nonprofit entities. 

(b) No member of a Board of Directors, Trustees, Overseers, 

Advisory Group, Special Issues Panel, Visiting Committee, or any 

similar entity of a defense FFRDC, and no paid consultant to 

any defense FFRDC, except when acting in a technical advisory 

capacity, may be compensated for his or her services as a member 

of such entity, or as a paid consultant by more than one FFRDC 

in a fiscal year: Provided, That a member of any such entity 

referred to previously in this subsection shall be allowed travel 

expenses and per diem as authorized under the Federal Joint Travel 

Regulations, when engaged in the performance of membership 

duties. 

(c) Notwithstanding any other provision of law, none of the 

funds available to the department from any source during fiscal 


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129 STAT. 2356 PUBLIC LAW 114–113—DEC. 18, 2015 

year 2016 may be used by a defense FFRDC, through a fee or 

other payment mechanism, for construction of new buildings, for 

payment of cost sharing for projects funded by Government grants, 

for absorption of contract overruns, or for certain charitable contributions, not to include employee participation in community 

service and/or development: Provided, That up to 1 percent of 

funds provided in this Act for support of defense FFRDCs may 

be used for planning and design of scientific or engineering facilities: 

Provided further, That the Secretary of Defense shall notify the 

congressional defense committees 15 days in advance of exercising 

the authority in the previous proviso. 

(d) Notwithstanding any other provision of law, of the funds 

available to the department during fiscal year 2016, not more 

than 5,750 staff years of technical effort (staff years) may be funded 

for defense FFRDCs: Provided, That, of the specific amount referred 

to previously in this subsection, not more than 1,125 staff years 

may be funded for the defense studies and analysis FFRDCs: Provided further, That this subsection shall not apply to staff years 

funded in the National Intelligence Program (NIP) and the Military 

Intelligence Program (MIP). 

(e) The Secretary of Defense shall, with the submission of 

the department’s fiscal year 2017 budget request, submit a report 

presenting the specific amounts of staff years of technical effort 

to be allocated for each defense FFRDC during that fiscal year 

and the associated budget estimates. 

(f) Notwithstanding any other provision of this Act, the total 

amount appropriated in this Act for FFRDCs is hereby reduced 

by $65,000,000. 

SEC. 8025. None of the funds appropriated or made available 

in this Act shall be used to procure carbon, alloy, or armor steel 

plate for use in any Government-owned facility or property under 

the control of the Department of Defense which were not melted 

and rolled in the United States or Canada: Provided, That these 

procurement restrictions shall apply to any and all Federal Supply 

Class 9515, American Society of Testing and Materials (ASTM) 

or American Iron and Steel Institute (AISI) specifications of carbon, 

alloy or armor steel plate: Provided further, That the Secretary 

of the military department responsible for the procurement may 

waive this restriction on a case-by-case basis by certifying in writing 

to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely 

basis and that such an acquisition must be made in order to 

acquire capability for national security purposes: Provided further, 

That these restrictions shall not apply to contracts which are in 

being as of the date of the enactment of this Act. 

SEC. 8026. For the purposes of this Act, the term ‘‘congressional 

defense committees’’ means the Armed Services Committee of the 

House of Representatives, the Armed Services Committee of the 

Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the 

Committee on Appropriations of the House of Representatives. 

SEC. 8027. During the current fiscal year, the Department 

of Defense may acquire the modification, depot maintenance and 

repair of aircraft, vehicles and vessels as well as the production 

of components and other Defense-related articles, through competition between Department of Defense depot maintenance activities 

10 USC 2731 

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and private firms: Provided, That the Senior Acquisition Executive 

of the military department or Defense Agency concerned, with power 

of delegation, shall certify that successful bids include comparable 

estimates of all direct and indirect costs for both public and private 

bids: Provided further, That Office of Management and Budget 

Circular A–76 shall not apply to competitions conducted under 

this section. 

SEC. 8028. (a)(1) If the Secretary of Defense, after consultation 

with the United States Trade Representative, determines that a 

foreign country which is party to an agreement described in paragraph (2) has violated the terms of the agreement by discriminating 

against certain types of products produced in the United States 

that are covered by the agreement, the Secretary of Defense shall 

rescind the Secretary’s blanket waiver of the Buy American Act 

with respect to such types of products produced in that foreign 

country. 

(2) An agreement referred to in paragraph (1) is any reciprocal 

defense procurement memorandum of understanding, between the 

United States and a foreign country pursuant to which the Secretary 

of Defense has prospectively waived the Buy American Act for 

certain products in that country. 

(b) The Secretary of Defense shall submit to the Congress 

a report on the amount of Department of Defense purchases from 

foreign entities in fiscal year 2016. Such report shall separately 

indicate the dollar value of items for which the Buy American 

Act was waived pursuant to any agreement described in subsection 

(a)(2), the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), 

or any international agreement to which the United States is a 

party. 

(c) For purposes of this section, the term ‘‘Buy American Act’’ 

means chapter 83 of title 41, United States Code. 

SEC. 8029. During the current fiscal year, amounts contained 

in the Department of Defense Overseas Military Facility Investment 

Recovery Account established by section 2921(c)(1) of the National 

Defense Authorization Act of 1991 (Public Law 101–510; 10 U.S.C. 

2687 note) shall be available until expended for the payments 

specified by section 2921(c)(2) of that Act. 

SEC. 8030. (a) Notwithstanding any other provision of law, 

the Secretary of the Air Force may convey at no cost to the Air 

Force, without consideration, to Indian tribes located in the States 

of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, 

Minnesota, and Washington relocatable military housing units 

located at Grand Forks Air Force Base, Malmstrom Air Force Base, 

Mountain Home Air Force Base, Ellsworth Air Force Base, and 

Minot Air Force Base that are excess to the needs of the Air 

Force. 

(b) The Secretary of the Air Force shall convey, at no cost 

to the Air Force, military housing units under subsection (a) in 

accordance with the request for such units that are submitted 

to the Secretary by the Operation Walking Shield Program on 

behalf of Indian tribes located in the States of Nevada, Idaho, 

North Dakota, South Dakota, Montana, Oregon, Minnesota, and 

Washington. Any such conveyance shall be subject to the condition 

that the housing units shall be removed within a reasonable period 

of time, as determined by the Secretary. 

(c) The Operation Walking Shield Program shall resolve any 

conflicts among requests of Indian tribes for housing units under 

41 USC 8304 

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subsection (a) before submitting requests to the Secretary of the 

Air Force under subsection (b). 

(d) In this section, the term ‘‘Indian tribe’’ means any recognized 

Indian tribe included on the current list published by the Secretary 

of the Interior under section 104 of the Federally Recognized Indian 

Tribe Act of 1994 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 

479a–1). 

SEC. 8031. During the current fiscal year, appropriations which 

are available to the Department of Defense for operation and 

maintenance may be used to purchase items having an investment 

item unit cost of not more than $250,000. 

SEC. 8032. None of the funds made available by this Act may 

be used to— 

(1) disestablish, or prepare to disestablish, a Senior Reserve 

Officers’ Training Corps program in accordance with Department of Defense Instruction Number 1215.08, dated June 26, 

2006; or 

(2) close, downgrade from host to extension center, or place 

on probation a Senior Reserve Officers’ Training Corps program 

in accordance with the information paper of the Department 

of the Army titled ‘‘Army Senior Reserve Officers’ Training 

Corps (SROTC) Program Review and Criteria’’, dated January 

27, 2014. 

SEC. 8033. The Secretary of Defense shall issue regulations 

to prohibit the sale of any tobacco or tobacco-related products in 

military resale outlets in the United States, its territories and 

possessions at a price below the most competitive price in the 

local community: Provided, That such regulations shall direct that 

the prices of tobacco or tobacco-related products in overseas military 

retail outlets shall be within the range of prices established for 

military retail system stores located in the United States. 

SEC. 8034. (a) During the current fiscal year, none of the 

appropriations or funds available to the Department of Defense 

Working Capital Funds shall be used for the purchase of an investment item for the purpose of acquiring a new inventory item for 

sale or anticipated sale during the current fiscal year or a subsequent fiscal year to customers of the Department of Defense 

Working Capital Funds if such an item would not have been chargeable to the Department of Defense Business Operations Fund during 

fiscal year 1994 and if the purchase of such an investment item 

would be chargeable during the current fiscal year to appropriations 

made to the Department of Defense for procurement. 

(b) The fiscal year 2017 budget request for the Department 

of Defense as well as all justification material and other documentation supporting the fiscal year 2017 Department of Defense budget 

shall be prepared and submitted to the Congress on the basis 

that any equipment which was classified as an end item and funded 

in a procurement appropriation contained in this Act shall be budgeted for in a proposed fiscal year 2017 procurement appropriation 

and not in the supply management business area or any other 

area or category of the Department of Defense Working Capital 

Funds. 

SEC. 8035. None of the funds appropriated by this Act for 

programs of the Central Intelligence Agency shall remain available 

for obligation beyond the current fiscal year, except for funds appropriated for the Reserve for Contingencies, which shall remain avail50 USC 3521 able until September 30, 2017: Provided, That funds appropriated, 

note. 

10 USC 2484 

note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2359 

transferred, or otherwise credited to the Central Intelligence Agency 

Central Services Working Capital Fund during this or any prior 

or subsequent fiscal year shall remain available until expended: 

Provided further, That any funds appropriated or transferred to 

the Central Intelligence Agency for advanced research and development acquisition, for agent operations, and for covert action programs authorized by the President under section 503 of the National 

Security Act of 1947 (50 U.S.C. 3093) shall remain available until 

September 30, 2017. 

SEC. 8036. Notwithstanding any other provision of law, funds 

made available in this Act for the Defense Intelligence Agency 

may be used for the design, development, and deployment of General Defense Intelligence Program intelligence communications and 

intelligence information systems for the Services, the Unified and 

Specified Commands, and the component commands. 

SEC. 8037. Of the funds appropriated to the Department of 

Defense under the heading ‘‘Operation and Maintenance, DefenseWide’’, not less than $12,000,000 shall be made available only 

for the mitigation of environmental impacts, including training 

and technical assistance to tribes, related administrative support, 

the gathering of information, documenting of environmental damage, and developing a system for prioritization of mitigation and 

cost to complete estimates for mitigation, on Indian lands resulting 

from Department of Defense activities. 

SEC. 8038. (a) None of the funds appropriated in this Act 

may be expended by an entity of the Department of Defense unless 

the entity, in expending the funds, complies with the Buy American 

Act. For purposes of this subsection, the term ‘‘Buy American Act’’ 

means chapter 83 of title 41, United States Code. 

(b) If the Secretary of Defense determines that a person has 

been convicted of intentionally affixing a label bearing a ‘‘Made 

in America’’ inscription to any product sold in or shipped to the 

United States that is not made in America, the Secretary shall 

determine, in accordance with section 2410f of title 10, United 

States Code, whether the person should be debarred from contracting with the Department of Defense. 

(c) In the case of any equipment or products purchased with 

appropriations provided under this Act, it is the sense of the Congress that any entity of the Department of Defense, in expending 

the appropriation, purchase only American-made equipment and 

products, provided that American-made equipment and products 

are cost-competitive, quality competitive, and available in a timely 

fashion. 

SEC. 8039. None of the funds appropriated by this Act and 

hereafter shall be available for a contract for studies, analysis, 

or consulting services entered into without competition on the basis 

of an unsolicited proposal unless the head of the activity responsible 

for the procurement determines— 

(1) as a result of thorough technical evaluation, only one 

source is found fully qualified to perform the proposed work; 

(2) the purpose of the contract is to explore an unsolicited 

proposal which offers significant scientific or technological 

promise, represents the product of original thinking, and was 

submitted in confidence by one source; or 

(3) the purpose of the contract is to take advantage of 

unique and significant industrial accomplishment by a specific 

concern, or to insure that a new product or idea of a specific 

10 USC 2304 

note. 


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concern is given financial support: Provided, That this limitation shall not apply to contracts in an amount of less than 

$25,000, contracts related to improvements of equipment that 

is in development or production, or contracts as to which a 

civilian official of the Department of Defense, who has been 

confirmed by the Senate, determines that the award of such 

contract is in the interest of the national defense. 

SEC. 8040. (a) Except as provided in subsections (b) and (c), 

none of the funds made available by this Act may be used— 

(1) to establish a field operating agency; or 

(2) to pay the basic pay of a member of the Armed Forces 

or civilian employee of the department who is transferred or 

reassigned from a headquarters activity if the member or 

employee’s place of duty remains at the location of that headquarters. 

(b) The Secretary of Defense or Secretary of a military department may waive the limitations in subsection (a), on a case-bycase basis, if the Secretary determines, and certifies to the Committees on Appropriations of the House of Representatives and the 

Senate that the granting of the waiver will reduce the personnel 

requirements or the financial requirements of the department. 

(c) This section does not apply to— 

(1) field operating agencies funded within the National 

Intelligence Program; 

(2) an Army field operating agency established to eliminate, 

mitigate, or counter the effects of improvised explosive devices, 

and, as determined by the Secretary of the Army, other similar 

threats; 

(3) an Army field operating agency established to improve 

the effectiveness and efficiencies of biometric activities and 

to integrate common biometric technologies throughout the 

Department of Defense; or 

(4) an Air Force field operating agency established to 

administer the Air Force Mortuary Affairs Program and Mortuary Operations for the Department of Defense and authorized 

Federal entities. 

SEC. 8041. (a) None of the funds appropriated by this Act 

shall be available to convert to contractor performance an activity 

or function of the Department of Defense that, on or after the 

date of the enactment of this Act, is performed by Department 

of Defense civilian employees unless— 

(1) the conversion is based on the result of a public-private 

competition that includes a most efficient and cost effective 

organization plan developed by such activity or function; 

(2) the Competitive Sourcing Official determines that, over 

all performance periods stated in the solicitation of offers for 

performance of the activity or function, the cost of performance 

of the activity or function by a contractor would be less costly 

to the Department of Defense by an amount that equals or 

exceeds the lesser of— 

(A) 10 percent of the most efficient organization’s personnel-related costs for performance of that activity or function by Federal employees; or 

(B) $10,000,000; and 

(3) the contractor does not receive an advantage for a 

proposal that would reduce costs for the Department of Defense 

by— 


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(A) not making an employer-sponsored health insurance plan available to the workers who are to be employed 

in the performance of that activity or function under the 

contract; or 

(B) offering to such workers an employer-sponsored 

health benefits plan that requires the employer to contribute less towards the premium or subscription share 

than the amount that is paid by the Department of Defense 

for health benefits for civilian employees under chapter 

89 of title 5, United States Code. 

(b)(1) The Department of Defense, without regard to subsection 

(a) of this section or subsection (a), (b), or (c) of section 2461 

of title 10, United States Code, and notwithstanding any administrative regulation, requirement, or policy to the contrary shall have 

full authority to enter into a contract for the performance of any 

commercial or industrial type function of the Department of Defense 

that— 

(A) is included on the procurement list established pursuant 

to section 2 of the Javits-Wagner-O’Day Act (section 8503 of 

title 41, United States Code); 

(B) is planned to be converted to performance by a qualified 

nonprofit agency for the blind or by a qualified nonprofit agency 

for other severely handicapped individuals in accordance with 

that Act; or 

(C) is planned to be converted to performance by a qualified 

firm under at least 51 percent ownership by an Indian tribe, 

as defined in section 4(e) of the Indian Self-Determination 

and Education Assistance Act (25 U.S.C. 450b(e)), or a Native 

Hawaiian Organization, as defined in section 8(a)(15) of the 

Small Business Act (15 U.S.C. 637(a)(15)). 

(2) This section shall not apply to depot contracts or contracts 

for depot maintenance as provided in sections 2469 and 2474 of 

title 10, United States Code. 

(c) The conversion of any activity or function of the Department 

of Defense under the authority provided by this section shall be 

credited toward any competitive or outsourcing goal, target, or 

measurement that may be established by statute, regulation, or 

policy and is deemed to be awarded under the authority of, and 

in compliance with, subsection (h) of section 2304 of title 10, United 

States Code, for the competition or outsourcing of commercial activities. 

(RESCISSIONS)

SEC. 8042. Of the funds appropriated in Department of Defense 

Appropriations Acts, the following funds are hereby rescinded from 

the following accounts and programs in the specified amounts: 

Provided, That no amounts may be rescinded from amounts that 

were designated by the Congress for Overseas Contingency Operations/Global War on Terrorism or as an emergency requirement 

pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985, as 

amended: 

‘‘Cooperative Threat Reduction Account’’, 2014/2016, 

$15,000,000; 

‘‘Aircraft Procurement, Army’’, 2014/2016, $9,295,000; 

‘‘Other Procurement, Army’’, 2014/2016, $40,000,000; 


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129 STAT. 2362 PUBLIC LAW 114–113—DEC. 18, 2015 

‘‘Aircraft Procurement, Navy’’, 2014/2016, $53,415,000; 

‘‘Weapons Procurement, Navy’’, 2014/2016, $888,000; 

‘‘Aircraft Procurement, Air Force’’, 2014/2016, $2,300,000; 

‘‘Procurement of Ammunition, Air Force’’, 2014/2016, 

$6,300,000; 

‘‘Other Procurement, Air Force’’, 2014/2016, $90,000,000; 

‘‘Aircraft Procurement, Army’’, 2015/2017, $25,000,000; 

‘‘Procurement of Weapons and Tracked Combat Vehicles, 

Army’’, 2015/2017, $7,500,000; 

‘‘Other Procurement, Army’’, 2015/2017, $30,000,000; 

‘‘Aircraft Procurement, Navy’’, 2015/2017, $11,702,000; 

‘‘Weapons Procurement, Navy’’, 2015/2017, $15,422,000; 

‘‘Procurement of Ammunition, Navy and Marine Corps’’, 

2015/2017, $8,906,000; 

‘‘Procurement, Marine Corps’’, 2015/2017, $66,477,000; 

‘‘Aircraft Procurement, Air Force’’, 2015/2017, 

$199,046,000; 

‘‘Missile Procurement, Air Force’’, 2015/2017, $212,000,000; 

‘‘Other Procurement, Air Force’’, 2015/2017, $17,000,000; 

‘‘Research, Development, Test and Evaluation, Army’’, 

2015/2016, $9,299,000; 

‘‘Research, Development, Test and Evaluation, Navy’’, 2015/ 

2016, $228,387,000; 

‘‘Research, Development, Test and Evaluation, Air Force’’, 

2015/2016, $718,500,000; and 

‘‘Research, Development, Test and Evaluation, DefenseWide’’, 2015/2016, $2,500,000. 

SEC. 8043. None of the funds available in this Act may be 

used to reduce the authorized positions for military technicians 

(dual status) of the Army National Guard, Air National Guard, 

Army Reserve and Air Force Reserve for the purpose of applying 

any administratively imposed civilian personnel ceiling, freeze, or 

reduction on military technicians (dual status), unless such reductions are a direct result of a reduction in military force structure. 

SEC. 8044. None of the funds appropriated or otherwise made 

available in this Act may be obligated or expended for assistance 

to the Democratic People’s Republic of Korea unless specifically 

appropriated for that purpose. 

SEC. 8045. Funds appropriated in this Act for operation and 

maintenance of the Military Departments, Combatant Commands 

and Defense Agencies shall be available for reimbursement of pay, 

allowances and other expenses which would otherwise be incurred 

against appropriations for the National Guard and Reserve when 

members of the National Guard and Reserve provide intelligence 

or counterintelligence support to Combatant Commands, Defense 

Agencies and Joint Intelligence Activities, including the activities 

and programs included within the National Intelligence Program 

and the Military Intelligence Program: Provided, That nothing in 

this section authorizes deviation from established Reserve and 

National Guard personnel and training procedures. 

SEC. 8046. (a) None of the funds available to the Department 

of Defense for any fiscal year for drug interdiction or counterdrug activities may be transferred to any other department or 

agency of the United States except as specifically provided in an 

appropriations law. 

(b) None of the funds available to the Central Intelligence 

Agency for any fiscal year for drug interdiction or counter-drug 

50 USC 3506 

note. 

10 USC 374 note. 


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activities may be transferred to any other department or agency 

of the United States except as specifically provided in an appropriations law. 

SEC. 8047. None of the funds appropriated by this Act may 

be used for the procurement of ball and roller bearings other than 

those produced by a domestic source and of domestic origin: Provided, That the Secretary of the military department responsible 

for such procurement may waive this restriction on a case-bycase basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate, that adequate 

domestic supplies are not available to meet Department of Defense 

requirements on a timely basis and that such an acquisition must 

be made in order to acquire capability for national security purposes: Provided further, That this restriction shall not apply to 

the purchase of ‘‘commercial items’’, as defined by section 103 

of title 41, United States Code, except that the restriction shall 

apply to ball or roller bearings purchased as end items. 

SEC. 8048. None of the funds made available by this Act for 

Evolved Expendable Launch Vehicle service competitive procurements may be used unless the competitive procurements are open 

for award to all certified providers of Evolved Expendable Launch 

Vehicle-class systems: Provided, That the award shall be made 

to the provider that offers the best value to the government: Provided further, That notwithstanding any other provision of law, 

award may be made to a launch service provider competing with 

any certified launch vehicle in its inventory regardless of the 

country of origin of the rocket engine that will be used on its 

launch vehicle, in order to ensure robust competition and continued 

assured access to space. 

SEC. 8049. In addition to the amounts appropriated or otherwise 

made available elsewhere in this Act, $44,000,000 is hereby appropriated to the Department of Defense: Provided, That upon the 

determination of the Secretary of Defense that it shall serve the 

national interest, the Secretary shall make grants in the amounts 

specified as follows: $20,000,000 to the United Service Organizations 

and $24,000,000 to the Red Cross. 

SEC. 8050. None of the funds in this Act may be used to 

purchase any supercomputer which is not manufactured in the 

United States, unless the Secretary of Defense certifies to the 

congressional defense committees that such an acquisition must 

be made in order to acquire capability for national security purposes 

that is not available from United States manufacturers. 

SEC. 8051. Notwithstanding any other provision in this Act, 

the Small Business Innovation Research program and the Small 

Business Technology Transfer program set-asides shall be taken 

proportionally from all programs, projects, or activities to the extent 

they contribute to the extramural budget. 

SEC. 8052. None of the funds available to the Department 

of Defense under this Act shall be obligated or expended to pay 

a contractor under a contract with the Department of Defense 

for costs of any amount paid by the contractor to an employee 

when— 

(1) such costs are for a bonus or otherwise in excess of 

the normal salary paid by the contractor to the employee; 

and 

(2) such bonus is part of restructuring costs associated 

with a business combination. 


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129 STAT. 2364 PUBLIC LAW 114–113—DEC. 18, 2015 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8053. During the current fiscal year, no more than 

$30,000,000 of appropriations made in this Act under the heading 

‘‘Operation and Maintenance, Defense-Wide’’ may be transferred 

to appropriations available for the pay of military personnel, to 

be merged with, and to be available for the same time period 

as the appropriations to which transferred, to be used in support 

of such personnel in connection with support and services for eligible 

organizations and activities outside the Department of Defense 

pursuant to section 2012 of title 10, United States Code. 

SEC. 8054. During the current fiscal year, in the case of an 

appropriation account of the Department of Defense for which the 

period of availability for obligation has expired or which has closed 

under the provisions of section 1552 of title 31, United States 

Code, and which has a negative unliquidated or unexpended balance, an obligation or an adjustment of an obligation may be 

charged to any current appropriation account for the same purpose 

as the expired or closed account if— 

(1) the obligation would have been properly chargeable 

(except as to amount) to the expired or closed account before 

the end of the period of availability or closing of that account; 

(2) the obligation is not otherwise properly chargeable to 

any current appropriation account of the Department of 

Defense; and 

(3) in the case of an expired account, the obligation is 

not chargeable to a current appropriation of the Department 

of Defense under the provisions of section 1405(b)(8) of the 

National Defense Authorization Act for Fiscal Year 1991, Public 

Law 101–510, as amended (31 U.S.C. 1551 note): Provided, 

That in the case of an expired account, if subsequent review 

or investigation discloses that there was not in fact a negative 

unliquidated or unexpended balance in the account, any charge 

to a current account under the authority of this section shall 

be reversed and recorded against the expired account: Provided 

further, That the total amount charged to a current appropriation under this section may not exceed an amount equal to 

1 percent of the total appropriation for that account. 

SEC. 8055. (a) Notwithstanding any other provision of law, 

the Chief of the National Guard Bureau may permit the use of 

equipment of the National Guard Distance Learning Project by 

any person or entity on a space-available, reimbursable basis. The 

Chief of the National Guard Bureau shall establish the amount 

of reimbursement for such use on a case-by-case basis. 

(b) Amounts collected under subsection (a) shall be credited 

to funds available for the National Guard Distance Learning Project 

and be available to defray the costs associated with the use of 

equipment of the project under that subsection. Such funds shall 

be available for such purposes without fiscal year limitation. 

SEC. 8056. None of the funds available to the Department 

of Defense may be obligated to modify command and control relationships to give Fleet Forces Command operational and administrative control of United States Navy forces assigned to the Pacific 

fleet: Provided, That the command and control relationships which 

existed on October 1, 2004, shall remain in force unless changes 

are specifically authorized in a subsequent Act: Provided further, 


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That this section does not apply to administrative control of Navy 

Air and Missile Defense Command. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8057. Of the funds appropriated in this Act under the 

heading ‘‘Operation and Maintenance, Defense-wide’’, $25,000,000 

shall be for continued implementation and expansion of the Sexual 

Assault Special Victims’ Counsel Program: Provided, That the funds 

are made available for transfer to the Department of the Army, 

the Department of the Navy, and the Department of the Air Force: 

Provided further, That funds transferred shall be merged with 

and available for the same purposes and for the same time period 

as the appropriations to which the funds are transferred: Provided 

further, That this transfer authority is in addition to any other 

transfer authority provided in this Act. 

SEC. 8058. None of the funds appropriated in title IV of this 

Act may be used to procure end-items for delivery to military 

forces for operational training, operational use or inventory requirements: Provided, That this restriction does not apply to end-items 

used in development, prototyping, and test activities preceding and 

leading to acceptance for operational use: Provided further, That 

this restriction does not apply to programs funded within the 

National Intelligence Program: Provided further, That the Secretary 

of Defense may waive this restriction on a case-by-case basis by 

certifying in writing to the Committees on Appropriations of the 

House of Representatives and the Senate that it is in the national 

security interest to do so. 

SEC. 8059. (a) The Secretary of Defense may, on a case-bycase basis, waive with respect to a foreign country each limitation 

on the procurement of defense items from foreign sources provided 

in law if the Secretary determines that the application of the 

limitation with respect to that country would invalidate cooperative 

programs entered into between the Department of Defense and 

the foreign country, or would invalidate reciprocal trade agreements 

for the procurement of defense items entered into under section 

2531 of title 10, United States Code, and the country does not 

discriminate against the same or similar defense items produced 

in the United States for that country. 

(b) Subsection (a) applies with respect to— 

(1) contracts and subcontracts entered into on or after 

the date of the enactment of this Act; and 

(2) options for the procurement of items that are exercised 

after such date under contracts that are entered into before 

such date if the option prices are adjusted for any reason 

other than the application of a waiver granted under subsection 

(a). 

(c) Subsection (a) does not apply to a limitation regarding 

construction of public vessels, ball and roller bearings, food, and 

clothing or textile materials as defined by section XI (chapters 

50–65) of the Harmonized Tariff Schedule of the United States 

and products classified under headings 4010, 4202, 4203, 6401 

through 6406, 6505, 7019, 7218 through 7229, 7304.41 through 

7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215, 

and 9404. 

SEC. 8060. Notwithstanding any other provision of law, none 

of the funds appropriated or otherwise made available by this 


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129 STAT. 2366 PUBLIC LAW 114–113—DEC. 18, 2015 

or any other Act may be used to consolidate or relocate any element 

of a United States Air Force Rapid Engineer Deployable Heavy 

Operational Repair Squadron Engineer (RED HORSE) outside of 

the United States until the Secretary of the Air Force— 

(1) completes an analysis and comparison of the cost and 

infrastructure investment required to consolidate or relocate 

a RED HORSE squadron outside of the United States versus 

within the United States; 

(2) provides to the congressional defense committees a 

report detailing the findings of the cost analysis; and 

(3) certifies in writing to the congressional defense committees that the preferred site for the consolidation or relocation 

yields the greatest savings for the Air Force: 

Provided, That the term ‘‘United States’’ in this section does not 

include any territory or possession of the United States. 

SEC. 8061. None of the funds appropriated or otherwise made 

available by this or other Department of Defense Appropriations 

Acts may be obligated or expended for the purpose of performing 

repairs or maintenance to military family housing units of the 

Department of Defense, including areas in such military family 

housing units that may be used for the purpose of conducting 

official Department of Defense business. 

SEC. 8062. Notwithstanding any other provision of law, funds 

appropriated in this Act under the heading ‘‘Research, Development, 

Test and Evaluation, Defense-Wide’’ for any new start advanced 

concept technology demonstration project or joint capability demonstration project may only be obligated 45 days after a report, 

including a description of the project, the planned acquisition and 

transition strategy and its estimated annual and total cost, has 

been provided in writing to the congressional defense committees: 

Provided, That the Secretary of Defense may waive this restriction 

on a case-by-case basis by certifying to the congressional defense 

committees that it is in the national interest to do so. 

SEC. 8063. The Secretary of Defense shall continue to provide 

a classified quarterly report to the House and Senate Appropriations 

Committees, Subcommittees on Defense on certain matters as 

directed in the classified annex accompanying this Act. 

SEC. 8064. Notwithstanding section 12310(b) of title 10, United 

States Code, a Reserve who is a member of the National Guard 

serving on full-time National Guard duty under section 502(f) of 

title 32, United States Code, may perform duties in support of 

the ground-based elements of the National Ballistic Missile Defense 

System. 

SEC. 8065. None of the funds provided in this Act may be 

used to transfer to any nongovernmental entity ammunition held 

by the Department of Defense that has a center-fire cartridge 

and a United States military nomenclature designation of ‘‘armor 

penetrator’’, ‘‘armor piercing (AP)’’, ‘‘armor piercing incendiary 

(API)’’, or ‘‘armor-piercing incendiary tracer (API–T)’’, except to 

an entity performing demilitarization services for the Department 

of Defense under a contract that requires the entity to demonstrate 

to the satisfaction of the Department of Defense that armor piercing 

projectiles are either: (1) rendered incapable of reuse by the demilitarization process; or (2) used to manufacture ammunition pursuant 

to a contract with the Department of Defense or the manufacture 

of ammunition for export pursuant to a License for Permanent 


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Export of Unclassified Military Articles issued by the Department 

of State. 

SEC. 8066. Notwithstanding any other provision of law, the 

Chief of the National Guard Bureau, or his designee, may waive 

payment of all or part of the consideration that otherwise would 

be required under section 2667 of title 10, United States Code, 

in the case of a lease of personal property for a period not in 

excess of 1 year to any organization specified in section 508(d) 

of title 32, United States Code, or any other youth, social, or 

fraternal nonprofit organization as may be approved by the Chief 

of the National Guard Bureau, or his designee, on a case-by-case 

basis. 

SEC. 8067. None of the funds appropriated by this Act shall 

be used for the support of any nonappropriated funds activity 

of the Department of Defense that procures malt beverages and 

wine with nonappropriated funds for resale (including such alcoholic 

beverages sold by the drink) on a military installation located 

in the United States unless such malt beverages and wine are 

procured within that State, or in the case of the District of 

Columbia, within the District of Columbia, in which the military 

installation is located: Provided, That, in a case in which the 

military installation is located in more than one State, purchases 

may be made in any State in which the installation is located: 

Provided further, That such local procurement requirements for 

malt beverages and wine shall apply to all alcoholic beverages 

only for military installations in States which are not contiguous 

with another State: Provided further, That alcoholic beverages other 

than wine and malt beverages, in contiguous States and the District 

of Columbia shall be procured from the most competitive source, 

price and other factors considered. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8068. Of the amounts appropriated in this Act under 

the heading ‘‘Operation and Maintenance, Army’’, $76,611,750 shall 

remain available until expended: Provided, That, notwithstanding 

any other provision of law, the Secretary of Defense is authorized 

to transfer such funds to other activities of the Federal Government: 

Provided further, That the Secretary of Defense is authorized to 

enter into and carry out contracts for the acquisition of real property, construction, personal services, and operations related to 

projects carrying out the purposes of this section: Provided further, 

That contracts entered into under the authority of this section 

may provide for such indemnification as the Secretary determines 

to be necessary: Provided further, That projects authorized by this 

section shall comply with applicable Federal, State, and local law 

to the maximum extent consistent with the national security, as 

determined by the Secretary of Defense. 

SEC. 8069. (a) None of the funds appropriated in this or any 

other Act may be used to take any action to modify— 

(1) the appropriations account structure for the National 

Intelligence Program budget, including through the creation 

of a new appropriation or new appropriation account; 

(2) how the National Intelligence Program budget request 

is presented in the unclassified P–1, R–1, and O–1 documents 

supporting the Department of Defense budget request; 


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(3) the process by which the National Intelligence Program 

appropriations are apportioned to the executing agencies; or 

(4) the process by which the National Intelligence Program 

appropriations are allotted, obligated and disbursed. 

(b) Nothing in section (a) shall be construed to prohibit the 

merger of programs or changes to the National Intelligence Program 

budget at or below the Expenditure Center level, provided such 

change is otherwise in accordance with paragraphs (a)(1)–(3). 

(c) The Director of National Intelligence and the Secretary 

of Defense may jointly, only for the purposes of achieving auditable 

financial statements and improving fiscal reporting, study and 

develop detailed proposals for alternative financial management 

processes. Such study shall include a comprehensive counterintelligence risk assessment to ensure that none of the alternative 

processes will adversely affect counterintelligence. 

(d) Upon development of the detailed proposals defined under 

subsection (c), the Director of National Intelligence and the Secretary of Defense shall— 

(1) provide the proposed alternatives to all affected agencies; 

(2) receive certification from all affected agencies attesting 

that the proposed alternatives will help achieve auditability, 

improve fiscal reporting, and will not adversely affect counterintelligence; and 

(3) not later than 30 days after receiving all necessary 

certifications under paragraph (2), present the proposed alternatives and certifications to the congressional defense and intelligence committees. 

(e) This section shall not be construed to alter or affect the 

application of section 1633 of the National Defense Authorization 

Act for Fiscal Year 2016 to the amounts made available by this 

Act. 

SEC. 8070. In addition to amounts provided elsewhere in this 

Act, $5,000,000 is hereby appropriated to the Department of 

Defense, to remain available for obligation until expended: Provided, That notwithstanding any other provision of law, that upon the 

determination of the Secretary of Defense that it shall serve the 

national interest, these funds shall be available only for a grant 

to the Fisher House Foundation, Inc., only for the construction 

and furnishing of additional Fisher Houses to meet the needs of 

military family members when confronted with the illness or hospitalization of an eligible military beneficiary. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8071. Of the amounts appropriated in this Act under 

the headings ‘‘Procurement, Defense-Wide’’ and ‘‘Research, Development, Test and Evaluation, Defense-Wide’’, $487,595,000 shall be 

for the Israeli Cooperative Programs: Provided, That of this amount, 

$55,000,000 shall be for the Secretary of Defense to provide to 

the Government of Israel for the procurement of the Iron Dome 

defense system to counter short-range rocket threats, subject to 

the U.S.-Israel Iron Dome Procurement Agreement, as amended; 

$286,526,000 shall be for the Short Range Ballistic Missile Defense 

(SRBMD) program, including cruise missile defense research and 

development under the SRBMD program, of which $150,000,000 

shall be for production activities of SRBMD missiles in the United 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2369 

States and in Israel to meet Israel’s defense requirements consistent 

with each nation’s laws, regulations, and procedures, of which not 

more than $90,000,000, subject to previously established transfer 

procedures, may be obligated or expended until establishment of 

a U.S.-Israeli production agreement for SRBMD; $89,550,000 shall 

be for an upper-tier component to the Israeli Missile Defense 

Architecture, of which not more than $15,000,000, subject to previously established transfer procedures, may be obligated or 

expended until establishment of a U.S.-Israeli production agreement; and $56,519,000 shall be for the Arrow System Improvement 

Program including development of a long range, ground and airborne, detection suite: Provided further, That funds made available 

under this provision for production of missiles and missile components may be transferred to appropriations available for the 

procurement of weapons and equipment, to be merged with and 

to be available for the same time period and the same purposes 

as the appropriation to which transferred: Provided further, That 

the transfer authority provided under this provision is in addition 

to any other transfer authority contained in this Act. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8072. Of the amounts appropriated in this Act under 

the heading ‘‘Shipbuilding and Conversion, Navy’’, $389,305,000 

shall be available until September 30, 2016, to fund prior year 

shipbuilding cost increases: Provided, That upon enactment of this 

Act, the Secretary of the Navy shall transfer funds to the following 

appropriations in the amounts specified: Provided further, That 

the amounts transferred shall be merged with and be available 

for the same purposes as the appropriations to which transferred 

to: 

(1) Under the heading ‘‘Shipbuilding and Conversion, 

Navy’’, 2008/2016: Carrier Replacement Program $123,760,000; 

(2) Under the heading ‘‘Shipbuilding and Conversion, 

Navy’’, 2009/2016: LPD–17 Amphibious Transport Dock Program $22,860,000; 

(3) Under the heading ‘‘Shipbuilding and Conversion, 

Navy’’, 2012/2016: CVN Refueling Overhauls Program 

$20,029,000; 

(4) Under the heading ‘‘Shipbuilding and Conversion, 

Navy’’, 2012/2016: DDG–51 Destroyer $75,014,000; 

(5) Under the heading ‘‘Shipbuilding and Conversion, 

Navy’’, 2012/2016: Littoral Combat Ship $82,674,000; 

(6) Under the heading ‘‘Shipbuilding and Conversion, 

Navy’’, 2012/2016: LPD–17 Amphibious Transport Dock Program $38,733,000; 

(7) Under the heading ‘‘Shipbuilding and Conversion, 

Navy’’, 2012/2016: Joint High Speed Vessel $22,597,000; and 

(8) Under the heading ‘‘Shipbuilding and Conversion, 

Navy’’, 2013/2016: Joint High Speed Vessel $3,638,000. 

SEC. 8073. Funds appropriated by this Act, or made available 

by the transfer of funds in this Act, for intelligence activities are 

deemed to be specifically authorized by the Congress for purposes 

of section 504 of the National Security Act of 1947 (50 U.S.C. 

3094) during fiscal year 2016 until the enactment of the Intelligence 

Authorization Act for Fiscal Year 2016. 


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129 STAT. 2370 PUBLIC LAW 114–113—DEC. 18, 2015 

SEC. 8074. None of the funds provided in this Act shall be 

available for obligation or expenditure through a reprogramming 

of funds that creates or initiates a new program, project, or activity 

unless such program, project, or activity must be undertaken immediately in the interest of national security and only after written 

prior notification to the congressional defense committees. 

SEC. 8075. The budget of the President for fiscal year 2017 

submitted to the Congress pursuant to section 1105 of title 31, 

United States Code, shall include separate budget justification documents for costs of United States Armed Forces’ participation in 

contingency operations for the Military Personnel accounts, the 

Operation and Maintenance accounts, the Procurement accounts, 

and the Research, Development, Test and Evaluation accounts: 

Provided, That these documents shall include a description of the 

funding requested for each contingency operation, for each military 

service, to include all Active and Reserve components, and for 

each appropriations account: Provided further, That these documents shall include estimated costs for each element of expense 

or object class, a reconciliation of increases and decreases for each 

contingency operation, and programmatic data including, but not 

limited to, troop strength for each Active and Reserve component, 

and estimates of the major weapons systems deployed in support 

of each contingency: Provided further, That these documents shall 

include budget exhibits OP–5 and OP–32 (as defined in the Department of Defense Financial Management Regulation) for all contingency operations for the budget year and the two preceding fiscal 

years. 

SEC. 8076. None of the funds in this Act may be used for 

research, development, test, evaluation, procurement or deployment 

of nuclear armed interceptors of a missile defense system. 

SEC. 8077. Notwithstanding any other provision of this Act, 

to reflect savings due to favorable foreign exchange rates, the total 

amount appropriated in this Act is hereby reduced by 

$1,500,789,000. 

SEC. 8078. None of the funds appropriated or made available 

in this Act shall be used to reduce or disestablish the operation 

of the 53rd Weather Reconnaissance Squadron of the Air Force 

Reserve, if such action would reduce the WC–130 Weather Reconnaissance mission below the levels funded in this Act: Provided, 

That the Air Force shall allow the 53rd Weather Reconnaissance 

Squadron to perform other missions in support of national defense 

requirements during the non-hurricane season. 

SEC. 8079. None of the funds provided in this Act shall be 

available for integration of foreign intelligence information unless 

the information has been lawfully collected and processed during 

the conduct of authorized foreign intelligence activities: Provided, 

That information pertaining to United States persons shall only 

be handled in accordance with protections provided in the Fourth 

Amendment of the United States Constitution as implemented 

through Executive Order No. 12333. 

10 USC 221 note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2371 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8080. The Secretary of Defense may transfer funds from 

any available Department of the Navy appropriation to any available Navy ship construction appropriation for the purpose of liquidating necessary changes resulting from inflation, market fluctuations, or rate adjustments for any ship construction program appropriated in law: Provided, That the Secretary may transfer not 

to exceed $20,000,000 under the authority provided by this section: 

Provided further, That the Secretary may not transfer any funds 

until 30 days after the proposed transfer has been reported to 

the Committees on Appropriations of the House of Representatives 

and the Senate, unless a response from the Committees is received 

sooner: Provided further, That any funds transferred pursuant to 

this section shall retain the same period of availability as when 

originally appropriated: Provided further, That the transfer 

authority provided by this section is in addition to any other transfer 

authority contained elsewhere in this Act. 

SEC. 8081. (a) None of the funds appropriated by this Act 

may be used to transfer research and development, acquisition, 

or other program authority relating to current tactical unmanned 

aerial vehicles (TUAVs) from the Army. 

(b) The Army shall retain responsibility for and operational 

control of the MQ–1C Gray Eagle Unmanned Aerial Vehicle (UAV) 

in order to support the Secretary of Defense in matters relating 

to the employment of unmanned aerial vehicles. 

SEC. 8082. Up to $15,000,000 of the funds appropriated under 

the heading ‘‘Operation and Maintenance, Navy’’ may be made 

available for the Asia Pacific Regional Initiative Program for the 

purpose of enabling the Pacific Command to execute Theater Security Cooperation activities such as humanitarian assistance, and 

payment of incremental and personnel costs of training and exercising with foreign security forces: Provided, That funds made available for this purpose may be used, notwithstanding any other 

funding authorities for humanitarian assistance, security assistance 

or combined exercise expenses: Provided further, That funds may 

not be obligated to provide assistance to any foreign country that 

is otherwise prohibited from receiving such type of assistance under 

any other provision of law. 

SEC. 8083. None of the funds appropriated by this Act for 

programs of the Office of the Director of National Intelligence 

shall remain available for obligation beyond the current fiscal year, 

except for funds appropriated for research and technology, which 

shall remain available until September 30, 2017. 

SEC. 8084. For purposes of section 1553(b) of title 31, United 

States Code, any subdivision of appropriations made in this Act 

under the heading ‘‘Shipbuilding and Conversion, Navy’’ shall be 

considered to be for the same purpose as any subdivision under 

the heading ‘‘Shipbuilding and Conversion, Navy’’ appropriations 

in any prior fiscal year, and the 1 percent limitation shall apply 

to the total amount of the appropriation. 

SEC. 8085. (a) Not later than 60 days after the date of enactment of this Act, the Director of National Intelligence shall submit 

a report to the congressional intelligence committees to establish 

the baseline for application of reprogramming and transfer authorities for fiscal year 2016: Provided, That the report shall include— 


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129 STAT. 2372 PUBLIC LAW 114–113—DEC. 18, 2015 

(1) a table for each appropriation with a separate column 

to display the President’s budget request, adjustments made 

by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; 

(2) a delineation in the table for each appropriation by 

Expenditure Center and project; and 

(3) an identification of items of special congressional 

interest. 

(b) None of the funds provided for the National Intelligence 

Program in this Act shall be available for reprogramming or transfer 

until the report identified in subsection (a) is submitted to the 

congressional intelligence committees, unless the Director of 

National Intelligence certifies in writing to the congressional intelligence committees that such reprogramming or transfer is necessary as an emergency requirement. 

SEC. 8086. None of the funds made available by this Act may 

be used to eliminate, restructure, or realign Army Contracting 

Command–New Jersey or make disproportionate personnel reductions at any Army Contracting Command–New Jersey sites without 

30-day prior notification to the congressional defense committees. 

SEC. 8087. None of the funds made available by this Act may 

be used to retire, divest, realign, or transfer RQ–4B Global Hawk 

aircraft, or to disestablish or convert units associated with such 

aircraft. 

SEC. 8088. None of the funds made available by this Act for 

excess defense articles, assistance under section 1206 of the 

National Defense Authorization Act for Fiscal Year 2006 (Public 

Law 109–163; 119 Stat. 3456), or peacekeeping operations for the 

countries designated annually to be in violation of the standards 

of the Child Soldiers Prevention Act of 2008 (Public Law 110– 

457; 22 U.S.C. 2370c–1) may be used to support any military 

training or operation that includes child soldiers, as defined by 

the Child Soldiers Prevention Act of 2008, unless such assistance 

is otherwise permitted under section 404 of the Child Soldiers 

Prevention Act of 2008. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8089. Of the funds appropriated in the Intelligence 

Community Management Account for the Program Manager for 

the Information Sharing Environment, $20,000,000 is available for 

transfer by the Director of National Intelligence to other departments and agencies for purposes of Government-wide information 

sharing activities: Provided, That funds transferred under this 

provision are to be merged with and available for the same purposes 

and time period as the appropriation to which transferred: Provided 

further, That the Office of Management and Budget must approve 

any transfers made under this provision. 

SEC. 8090. (a) None of the funds provided for the National 

Intelligence Program in this or any prior appropriations Act shall 

be available for obligation or expenditure through a reprogramming 

or transfer of funds in accordance with section 102A(d) of the 

National Security Act of 1947 (50 U.S.C. 3024(d)) that— 

(1) creates a new start effort; 

(2) terminates a program with appropriated funding of 

$10,000,000 or more; 


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(3) transfers funding into or out of the National Intelligence 

Program; or 

(4) transfers funding between appropriations, unless the 

congressional intelligence committees are notified 30 days in 

advance of such reprogramming of funds; this notification 

period may be reduced for urgent national security requirements. 

(b) None of the funds provided for the National Intelligence 

Program in this or any prior appropriations Act shall be available 

for obligation or expenditure through a reprogramming or transfer 

of funds in accordance with section 102A(d) of the National Security 

Act of 1947 (50 U.S.C. 3024(d)) that results in a cumulative increase 

or decrease of the levels specified in the classified annex accompanying the Act unless the congressional intelligence committees 

are notified 30 days in advance of such reprogramming of funds; 

this notification period may be reduced for urgent national security 

requirements. 

SEC. 8091. The Director of National Intelligence shall submit 

to Congress each year, at or about the time that the President’s 

budget is submitted to Congress that year under section 1105(a) 

of title 31, United States Code, a future-years intelligence program 

(including associated annexes) reflecting the estimated expenditures 

and proposed appropriations included in that budget. Any such 

future-years intelligence program shall cover the fiscal year with 

respect to which the budget is submitted and at least the four 

succeeding fiscal years. 

SEC. 8092. For the purposes of this Act, the term ‘‘congressional 

intelligence committees’’ means the Permanent Select Committee 

on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Subcommittee on Defense 

of the Committee on Appropriations of the House of Representatives, 

and the Subcommittee on Defense of the Committee on Appropriations of the Senate. 

SEC. 8093. The Department of Defense shall continue to report 

incremental contingency operations costs for Operation Inherent 

Resolve, Operation Freedom’s Sentinel, and any named successor 

operations, on a monthly basis and any other operation designated 

and identified by the Secretary of Defense for the purposes of 

section 127a of title 10, United States Code, on a semi-annual 

basis in the Cost of War Execution Report as prescribed in the 

Department of Defense Financial Management Regulation Department of Defense Instruction 7000.14, Volume 12, Chapter 23 

‘‘Contingency Operations’’, Annex 1, dated September 2005. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8094. During the current fiscal year, not to exceed 

$11,000,000 from each of the appropriations made in title II of 

this Act for ‘‘Operation and Maintenance, Army’’, ‘‘Operation and 

Maintenance, Navy’’, and ‘‘Operation and Maintenance, Air Force’’ 

may be transferred by the military department concerned to its 

central fund established for Fisher Houses and Suites pursuant 

to section 2493(d) of title 10, United States Code. 

10 USC 127a 

note. 

50 USC 3103 

note. 


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129 STAT. 2374 PUBLIC LAW 114–113—DEC. 18, 2015 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8095. Funds appropriated by this Act for operation and 

maintenance may be available for the purpose of making remittances and transfer to the Defense Acquisition Workforce Development Fund in accordance with section 1705 of title 10, United 

States Code. 

SEC. 8096. (a) Any agency receiving funds made available in 

this Act, shall, subject to subsections (b) and (c), post on the public 

Web site of that agency any report required to be submitted by 

the Congress in this or any other Act, upon the determination 

by the head of the agency that it shall serve the national interest. 

(b) Subsection (a) shall not apply to a report if— 

(1) the public posting of the report compromises national 

security; or 

(2) the report contains proprietary information. 

(c) The head of the agency posting such report shall do so 

only after such report has been made available to the requesting 

Committee or Committees of Congress for no less than 45 days. 

SEC. 8097. (a) None of the funds appropriated or otherwise 

made available by this Act may be expended for any Federal contract for an amount in excess of $1,000,000, unless the contractor 

agrees not to— 

(1) enter into any agreement with any of its employees 

or independent contractors that requires, as a condition of 

employment, that the employee or independent contractor agree 

to resolve through arbitration any claim under title VII of 

the Civil Rights Act of 1964 or any tort related to or arising 

out of sexual assault or harassment, including assault and 

battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; or 

(2) take any action to enforce any provision of an existing 

agreement with an employee or independent contractor that 

mandates that the employee or independent contractor resolve 

through arbitration any claim under title VII of the Civil Rights 

Act of 1964 or any tort related to or arising out of sexual 

assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or 

negligent hiring, supervision, or retention. 

(b) None of the funds appropriated or otherwise made available 

by this Act may be expended for any Federal contract unless the 

contractor certifies that it requires each covered subcontractor to 

agree not to enter into, and not to take any action to enforce 

any provision of, any agreement as described in paragraphs (1) 

and (2) of subsection (a), with respect to any employee or independent contractor performing work related to such subcontract. 

For purposes of this subsection, a ‘‘covered subcontractor’’ is an 

entity that has a subcontract in excess of $1,000,000 on a contract 

subject to subsection (a). 

(c) The prohibitions in this section do not apply with respect 

to a contractor’s or subcontractor’s agreements with employees or 

independent contractors that may not be enforced in a court of 

the United States. 

(d) The Secretary of Defense may waive the application of 

subsection (a) or (b) to a particular contractor or subcontractor 

for the purposes of a particular contract or subcontract if the 

Secretary or the Deputy Secretary personally determines that the 


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waiver is necessary to avoid harm to national security interests 

of the United States, and that the term of the contract or subcontract is not longer than necessary to avoid such harm. The 

determination shall set forth with specificity the grounds for the 

waiver and for the contract or subcontract term selected, and shall 

state any alternatives considered in lieu of a waiver and the reasons 

each such alternative would not avoid harm to national security 

interests of the United States. The Secretary of Defense shall 

transmit to Congress, and simultaneously make public, any determination under this subsection not less than 15 business days 

before the contract or subcontract addressed in the determination 

may be awarded. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8098. From within the funds appropriated for operation 

and maintenance for the Defense Health Program in this Act, 

up to $121,000,000, shall be available for transfer to the Joint 

Department of Defense-Department of Veterans Affairs Medical 

Facility Demonstration Fund in accordance with the provisions 

of section 1704 of the National Defense Authorization Act for Fiscal 

Year 2010, Public Law 111–84: Provided, That for purposes of 

section 1704(b), the facility operations funded are operations of 

the integrated Captain James A. Lovell Federal Health Care Center, 

consisting of the North Chicago Veterans Affairs Medical Center, 

the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility as described by 

section 706 of Public Law 110–417: Provided further, That additional funds may be transferred from funds appropriated for operation and maintenance for the Defense Health Program to the 

Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the 

Secretary of Defense to the Committees on Appropriations of the 

House of Representatives and the Senate. 

SEC. 8099. Appropriations available to the Department of 

Defense may be used for the purchase of heavy and light armored 

vehicles for the physical security of personnel or for force protection 

purposes up to a limit of $450,000 per vehicle, notwithstanding 

price or other limitations applicable to the purchase of passenger 

carrying vehicles. 

SEC. 8100. None of the funds appropriated or otherwise made 

available by this Act or any other Act may be used by the Department of Defense or a component thereof in contravention of the 

provisions of section 130h of title 10, United States Code (as added 

by section 1671 of the National Defense Authorization Act for 

Fiscal Year 2016). 

SEC. 8101. The Secretary of Defense shall report quarterly 

the numbers of civilian personnel end strength by appropriation 

account for each and every appropriation account used to finance 

Federal civilian personnel salaries to the congressional defense 

committees within 15 days after the end of each fiscal quarter. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8102. Upon a determination by the Director of National 

Intelligence that such action is necessary and in the national 

interest, the Director may, with the approval of the Office of 

Management and Budget, transfer not to exceed $1,500,000,000 


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129 STAT. 2376 PUBLIC LAW 114–113—DEC. 18, 2015 

of the funds made available in this Act for the National Intelligence 

Program: Provided, That such authority to transfer may not be 

used unless for higher priority items, based on unforeseen intelligence requirements, than those for which originally appropriated 

and in no case where the item for which funds are requested 

has been denied by the Congress: Provided further, That a request 

for multiple reprogrammings of funds using authority provided 

in this section shall be made prior to June 30, 2016. 

SEC. 8103. None of the funds appropriated or otherwise made 

available in this or any other Act may be used to transfer, release, 

or assist in the transfer or release to or within the United States, 

its territories, or possessions Khalid Sheikh Mohammed or any 

other detainee who— 

(1) is not a United States citizen or a member of the 

Armed Forces of the United States; and 

(2) is or was held on or after June 24, 2009, at United 

States Naval Station, Guanta ́namo Bay, Cuba, by the Department of Defense. 

SEC. 8104. (a) None of the funds appropriated or otherwise 

made available in this or any other Act may be used to construct, 

acquire, or modify any facility in the United States, its territories, 

or possessions to house any individual described in subsection (c) 

for the purposes of detention or imprisonment in the custody or 

under the effective control of the Department of Defense. 

(b) The prohibition in subsection (a) shall not apply to any 

modification of facilities at United States Naval Station, 

Guanta ́namo Bay, Cuba. 

(c) An individual described in this subsection is any individual 

who, as of June 24, 2009, is located at United States Naval Station, 

Guanta ́namo Bay, Cuba, and who— 

(1) is not a citizen of the United States or a member 

of the Armed Forces of the United States; and 

(2) is— 

(A) in the custody or under the effective control of 

the Department of Defense; or 

(B) otherwise under detention at United States Naval 

Station, Guanta ́namo Bay, Cuba. 

SEC. 8105. None of the funds appropriated or otherwise made 

available in this Act may be used to transfer any individual detained 

at United States Naval Station Guanta ́namo Bay, Cuba, to the 

custody or control of the individual’s country of origin, any other 

foreign country, or any other foreign entity except in accordance 

with sections 1033 and 1034 of the National Defense Authorization 

Act for Fiscal Year 2016. 

SEC. 8106. None of the funds made available by this Act may 

be used in contravention of the War Powers Resolution (50 U.S.C. 

1541 et seq.). 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8107. Of the amounts appropriated for ‘‘Operation and 

Maintenance, Navy’’, up to $1,000,000 shall be available for transfer 

to the John C. Stennis Center for Public Service Development 

Trust Fund established under section 116 of the John C. Stennis 

Center for Public Service Training and Development Act (2 U.S.C. 

1105). 


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SEC. 8108. None of the funds made available by this Act may 

be used by the Department of Defense or any other Federal agency 

to lease or purchase new light duty vehicles, for any executive 

fleet, or for any agency’s fleet inventory, except in accordance with 

Presidential Memorandum-Federal Fleet Performance, dated May 

24, 2011. 

SEC. 8109. (a) None of the funds appropriated or otherwise 

made available by this or any other Act may be used by the 

Secretary of Defense, or any other official or officer of the Department of Defense, to enter into a contract, memorandum of understanding, or cooperative agreement with, or make a grant to, or 

provide a loan or loan guarantee to Rosoboronexport or any subsidiary of Rosoboronexport. 

(b) The Secretary of Defense may waive the limitation in subsection (a) if the Secretary, in consultation with the Secretary 

of State and the Director of National Intelligence, determines that 

it is in the vital national security interest of the United States 

to do so, and certifies in writing to the congressional defense 

committees that, to the best of the Secretary’s knowledge: 

(1) Rosoboronexport has ceased the transfer of lethal military equipment to, and the maintenance of existing lethal military equipment for, the Government of the Syrian Arab 

Republic; 

(2) The armed forces of the Russian Federation have withdrawn from Crimea, other than armed forces present on military bases subject to agreements in force between the Government of the Russian Federation and the Government of 

Ukraine; and 

(3) Agents of the Russian Federation have ceased taking 

active measures to destabilize the control of the Government 

of Ukraine over eastern Ukraine. 

(c) The Inspector General of the Department of Defense shall 

conduct a review of any action involving Rosoboronexport with 

respect to a waiver issued by the Secretary of Defense pursuant 

to subsection (b), and not later than 90 days after the date on 

which such a waiver is issued by the Secretary of Defense, the 

Inspector General shall submit to the congressional defense committees a report containing the results of the review conducted with 

respect to such waiver. 

SEC. 8110. None of the funds made available in this Act may 

be used for the purchase or manufacture of a flag of the United 

States unless such flags are treated as covered items under section 

2533a(b) of title 10, United States Code. 

SEC. 8111. (a) Of the funds appropriated in this Act for the 

Department of Defense, amounts may be made available, under 

such regulations as the Secretary of Defense may prescribe, to 

local military commanders appointed by the Secretary, or by an 

officer or employee designated by the Secretary, to provide at their 

discretion ex gratia payments in amounts consistent with subsection 

(d) of this section for damage, personal injury, or death that is 

incident to combat operations of the Armed Forces in a foreign 

country. 

(b) An ex gratia payment under this section may be provided 

only if— 

(1) the prospective foreign civilian recipient is determined 

by the local military commander to be friendly to the United 

States; 

10 USC 2731 

note. 


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(2) a claim for damages would not be compensable under 

chapter 163 of title 10, United States Code (commonly known 

as the ‘‘Foreign Claims Act’’); and 

(3) the property damage, personal injury, or death was 

not caused by action by an enemy. 

(c) NATURE OF PAYMENTS.—Any payments provided under a 

program under subsection (a) shall not be considered an admission 

or acknowledgement of any legal obligation to compensate for any 

damage, personal injury, or death. 

(d) AMOUNT OF PAYMENTS.—If the Secretary of Defense determines a program under subsection (a) to be appropriate in a particular setting, the amounts of payments, if any, to be provided 

to civilians determined to have suffered harm incident to combat 

operations of the Armed Forces under the program should be determined pursuant to regulations prescribed by the Secretary and 

based on an assessment, which should include such factors as 

cultural appropriateness and prevailing economic conditions. 

(e) LEGAL ADVICE.—Local military commanders shall receive 

legal advice before making ex gratia payments under this subsection. The legal advisor, under regulations of the Department 

of Defense, shall advise on whether an ex gratia payment is proper 

under this section and applicable Department of Defense regulations. 

(f) WRITTEN RECORD.—A written record of any ex gratia payment offered or denied shall be kept by the local commander and 

on a timely basis submitted to the appropriate office in the Department of Defense as determined by the Secretary of Defense. 

(g) REPORT.—The Secretary of Defense shall report to the 

congressional defense committees on an annual basis the efficacy 

of the ex gratia payment program including the number of types 

of cases considered, amounts offered, the response from ex gratia 

payment recipients, and any recommended modifications to the 

program. 

SEC. 8112. None of the funds available in this Act to the 

Department of Defense, other than appropriations made for necessary or routine refurbishments, upgrades or maintenance activities, shall be used to reduce or to prepare to reduce the number 

of deployed and non-deployed strategic delivery vehicles and 

launchers below the levels set forth in the report submitted to 

Congress in accordance with section 1042 of the National Defense 

Authorization Act for Fiscal Year 2012. 

SEC. 8113. The Secretary of Defense shall post grant awards 

on a public Web site in a searchable format. 

SEC. 8114. None of the funds made available by this Act may 

be used to realign forces at Lajes Air Force Base, Azores, Portugal, 

until the Secretary of Defense certifies to the congressional defense 

committees that the Secretary of Defense has determined, based 

on an analysis of operational requirements, that Lajes Air Force 

Base is not an optimal location for the Joint Intelligence Analysis 

Complex. 

SEC. 8115. None of the funds made available by this Act may 

be used to fund the performance of a flight demonstration team 

at a location outside of the United States: Provided, That this 

prohibition applies only if a performance of a flight demonstration 

team at a location within the United States was canceled during 

the current fiscal year due to insufficient funding. 


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SEC. 8116. None of the funds made available by this Act may 

be used by the National Security Agency to— 

(1) conduct an acquisition pursuant to section 702 of the 

Foreign Intelligence Surveillance Act of 1978 for the purpose 

of targeting a United States person; or 

(2) acquire, monitor, or store the contents (as such term 

is defined in section 2510(8) of title 18, United States Code) 

of any electronic communication of a United States person 

from a provider of electronic communication services to the 

public pursuant to section 501 of the Foreign Intelligence 

Surveillance Act of 1978. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8117. In addition to amounts provided elsewhere in this 

Act for basic allowance for housing for military personnel, including 

active duty, reserve and National Guard personnel, $300,000,000 

is hereby appropriated to the Department of Defense and made 

available for transfer only to military personnel accounts: Provided, 

That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this 

Act. 

SEC. 8118. None of the funds made available by this Act may 

be obligated or expended to implement the Arms Trade Treaty 

until the Senate approves a resolution of ratification for the Treaty. 

SEC. 8119. None of the funds made available in this or any 

other Act may be used to pay the salary of any officer or employee 

of any agency funded by this Act who approves or implements 

the transfer of administrative responsibilities or budgetary 

resources of any program, project, or activity financed by this Act 

to the jurisdiction of another Federal agency not financed by this 

Act without the express authorization of Congress: Provided, That 

this limitation shall not apply to transfers of funds expressly provided for in Defense Appropriations Acts, or provisions of Acts 

providing supplemental appropriations for the Department of 

Defense. 

SEC. 8120. None of the funds appropriated or otherwise made 

available by this Act may be used in contravention of section 

1054 of the National Defense Authorization Act for Fiscal Year 

2016, regarding transfer of AH–64 Apache helicopters from the 

Army National Guard to regular Army. 

SEC. 8121. None of the funds made available in this Act may 

be obligated for activities authorized under section 1208 of the 

Ronald W. Reagan National Defense Authorization Act for Fiscal 

Year 2005 (Public Law 112–81; 125 Stat. 1621) to initiate support 

for, or expand support to, foreign forces, irregular forces, groups, 

or individuals unless the congressional defense committees are notified in accordance with the direction contained in the classified 

annex accompanying this Act, not less than 15 days before initiating 

such support: Provided, That none of the funds made available 

in this Act may be used under section 1208 for any activity that 

is not in support of an ongoing military operation being conducted 

by United States Special Operations Forces to combat terrorism: 

Provided further, That the Secretary of Defense may waive the 

prohibitions in this section if the Secretary determines that such 

waiver is required by extraordinary circumstances and, by not 


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later than 72 hours after making such waiver, notifies the congressional defense committees of such waiver. 

SEC. 8122. None of the funds made available by this Act may 

be used with respect to Iraq in contravention of the War Powers 

Resolution (50 U.S.C. 1541 et seq.), including for the introduction 

of United States armed forces into hostilities in Iraq, into situations 

in Iraq where imminent involvement in hostilities is clearly 

indicated by the circumstances, or into Iraqi territory, airspace, 

or waters while equipped for combat, in contravention of the 

congressional consultation and reporting requirements of sections 

3 and 4 of such Resolution (50 U.S.C. 1542 and 1543). 

SEC. 8123. None of the funds made available by this Act may 

be used to divest, retire, transfer, or place in storage or on backup 

aircraft inventory status, or prepare to divest, retire, transfer, or 

place in storage or on backup aircraft inventory status, any A– 

10 aircraft, or to disestablish any units of the active or reserve 

component associated with such aircraft. 

SEC. 8124. Of the funds provided for ‘‘Research, Development, 

Test and Evaluation, Defense-Wide’’ in this Act, not less than 

$2,800,000 shall be used to support the Department’s activities 

related to the implementation of the Digital Accountability and 

Transparency Act (Public Law 113–101; 31 U.S.C. 6101 note) and 

to support the implementation of a uniform procurement instrument 

identifier as described in subpart 4.16 of Title 48, Code of Federal 

Regulations, to include changes in business processes, workforce, 

or information technology. 

SEC. 8125. None of the funds provided in this Act for the 

T–AO(X) program shall be used to award a new contract that 

provides for the acquisition of the following components unless 

those components are manufactured in the United States: Auxiliary 

equipment (including pumps) for shipboard services; propulsion 

equipment (including engines, reduction gears, and propellers); shipboard cranes; and spreaders for shipboard cranes: Provided, That 

the Secretary of the military department responsible for such 

procurement may waive these restrictions on a case-by-case basis 

by certifying in writing to the Committees on Appropriations of 

the House of Representatives and the Senate that adequate 

domestic supplies are not available to meet Department of Defense 

requirements on a timely and cost competitive basis and that such 

an acquisition must be made in order to acquire capability for 

national security purposes. 

SEC. 8126. The amounts appropriated in title II of this Act 

are hereby reduced by $389,000,000 to reflect excess cash balances 

in Department of Defense Working Capital Funds, as follows: 

(1) From ‘‘Operation and Maintenance, Army’’, 

$138,000,000; 

(2) From ‘‘Operation and Maintenance, Air Force’’, 

$251,000,000. 

(RESCISSION)

SEC. 8127. Of the unobligated balances available to the Department of Defense, the following funds are permanently rescinded 

from the following accounts and programs in the specified amounts 

to reflect excess cash balances in Department of Defense Working 

Capital Funds: Provided, That no amounts may be rescinded from 


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amounts that were designated by the Congress for Overseas Contingency Operations/Global War on Terrorism or as an emergency 

requirement pursuant to the Concurrent Resolution on the Budget 

or the Balanced Budget and Emergency Deficit Control Act of 

1985, as amended: 

From ‘‘Defense Working Capital Fund, Defense, X’’, 

$1,037,000,000. 

SEC. 8128. Notwithstanding any other provision of this Act, 

to reflect savings due to lower than anticipated fuel costs, the 

total amount appropriated in title II of this Act is hereby reduced 

by $2,576,000,000. 

SEC. 8129. None of the funds made available by this Act may 

be used to divest or retire, or to prepare to divest or retire, KC– 

10 aircraft. 

SEC. 8130. None of the funds made available by this Act may 

be used to divest, retire, transfer, or place in storage or on backup 

aircraft inventory status, or prepare to divest, retire, transfer, or 

place in storage or on backup aircraft inventory status, any EC– 

130H aircraft. 

SEC. 8131. None of the funds made available by this Act may 

be used for Government Travel Charge Card expenses by military 

or civilian personnel of the Department of Defense for gaming, 

or for entertainment that includes topless or nude entertainers 

or participants, as prohibited by Department of Defense FMR, 

Volume 9, Chapter 3 and Department of Defense Instruction 

1015.10 (enclosure 3, 14a and 14b). 

SEC. 8132. None of the funds made available by this Act may 

be used to propose, plan for, or execute a new or additional Base 

Realignment and Closure (BRAC) round. 

TITLE IX 

OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON 

TERRORISM 

MILITARY PERSONNEL 

MILITARY PERSONNEL, ARMY

For an additional amount for ‘‘Military Personnel, Army’’, 

$1,846,356,000: Provided, That such amount is designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

MILITARY PERSONNEL, NAVY

For an additional amount for ‘‘Military Personnel, Navy’’, 

$251,011,000: Provided, That such amount is designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

MILITARY PERSONNEL, MARINE CORPS

For an additional amount for ‘‘Military Personnel, Marine 

Corps’’, $171,079,000: Provided, That such amount is designated 

by the Congress for Overseas Contingency Operations/Global War 


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on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

MILITARY PERSONNEL, AIR FORCE

For an additional amount for ‘‘Military Personnel, Air Force’’, $726,126,000: Provided, That such amount is designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

RESERVE PERSONNEL, ARMY

For an additional amount for ‘‘Reserve Personnel, Army’’, 

$24,462,000: Provided, That such amount is designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

RESERVE PERSONNEL, NAVY

For an additional amount for ‘‘Reserve Personnel, Navy’’, $12,693,000: Provided, That such amount is designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

RESERVE PERSONNEL, MARINE CORPS

For an additional amount for ‘‘Reserve Personnel, Marine 

Corps’’, $3,393,000: Provided, That such amount is designated by 

the Congress for Overseas Contingency Operations/Global War on 

Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

RESERVE PERSONNEL, AIR FORCE

For an additional amount for ‘‘Reserve Personnel, Air Force’’, 

$18,710,000: Provided, That such amount is designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

NATIONAL GUARD PERSONNEL, ARMY

For an additional amount for ‘‘National Guard Personnel, 

Army’’, $166,015,000: Provided, That such amount is designated 

by the Congress for Overseas Contingency Operations/Global War 

on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

NATIONAL GUARD PERSONNEL, AIR FORCE

For an additional amount for ‘‘National Guard Personnel, Air 

Force’’, $2,828,000: Provided, That such amount is designated by 

the Congress for Overseas Contingency Operations/Global War on 

Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 


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OPERATION AND MAINTENANCE 

OPERATION AND MAINTENANCE, ARMY

For an additional amount for ‘‘Operation and Maintenance, 

Army’’, $14,994,833,000: Provided, That such amount is designated 

by the Congress for Overseas Contingency Operations/Global War 

on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

OPERATION AND MAINTENANCE, NAVY

For an additional amount for ‘‘Operation and Maintenance, 

Navy’’, $7,169,611,000: Provided, That such amount is designated 

by the Congress for Overseas Contingency Operations/Global War 

on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

OPERATION AND MAINTENANCE, MARINE CORPS

For an additional amount for ‘‘Operation and Maintenance, 

Marine Corps’’, $1,372,534,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/ 

Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

the Balanced Budget and Emergency Deficit Control Act of 1985. 

OPERATION AND MAINTENANCE, AIR FORCE

For an additional amount for ‘‘Operation and Maintenance, 

Air Force’’, $11,128,813,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/ 

Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

the Balanced Budget and Emergency Deficit Control Act of 1985. 

OPERATION AND MAINTENANCE, DEFENSE-WIDE

For an additional amount for ‘‘Operation and Maintenance, 

Defense-Wide’’, $5,665,633,000: Provided, That of the funds provided 

under this heading, not to exceed $1,160,000,000, to remain available until September 30, 2017, shall be for payments to reimburse 

key cooperating nations for logistical, military, and other support, 

including access, provided to United States military and stability 

operations in Afghanistan and to counter the Islamic State of Iraq 

and the Levant: Provided further, That such reimbursement payments may be made in such amounts as the Secretary of Defense, 

with the concurrence of the Secretary of State, and in consultation 

with the Director of the Office of Management and Budget, may 

determine, based on documentation determined by the Secretary 

of Defense to adequately account for the support provided, and 

such determination is final and conclusive upon the accounting 

officers of the United States, and 15 days following notification 

to the appropriate congressional committees: Provided further, That 

these funds may be used for the purpose of providing specialized 

training and procuring supplies and specialized equipment and 

providing such supplies and loaning such equipment on a nonreimbursable basis to coalition forces supporting United States military and stability operations in Afghanistan and to counter the 


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Islamic State of Iraq and the Levant, and 15 days following notification to the appropriate congressional committees: Provided further, That these funds may be used to support the Governments of 

Jordan and Lebanon, in such amounts as the Secretary of Defense 

may determine, to enhance the ability of the armed forces of Jordan 

to increase or sustain security along its borders and the ability 

of the armed forces of Lebanon to increase or sustain security 

along its borders, upon 15 days prior written notification to the 

congressional defense committees outlining the amounts intended 

to be provided and the nature of the expenses incurred: Provided 

further, That of the funds provided under this heading, up to 

$30,000,000 shall be for Operation Observant Compass: Provided 

further, That the Secretary of Defense shall provide quarterly 

reports to the congressional defense committees on the use of funds 

provided in this paragraph: Provided further, That such amount 

is designated by the Congress for Overseas Contingency Operations/ 

Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

the Balanced Budget and Emergency Deficit Control Act of 1985. 

OPERATION AND MAINTENANCE, ARMY RESERVE

For an additional amount for ‘‘Operation and Maintenance, 

Army Reserve’’, $99,559,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/ 

Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

the Balanced Budget and Emergency Deficit Control Act of 1985. 

OPERATION AND MAINTENANCE, NAVY RESERVE

For an additional amount for ‘‘Operation and Maintenance, 

Navy Reserve’’, $31,643,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/ 

Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

the Balanced Budget and Emergency Deficit Control Act of 1985. 

OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

For an additional amount for ‘‘Operation and Maintenance, 

Marine Corps Reserve’’, $3,455,000: Provided, That such amount 

is designated by the Congress for Overseas Contingency Operations/ 

Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

the Balanced Budget and Emergency Deficit Control Act of 1985. 

OPERATION AND MAINTENANCE, AIR FORCE RESERVE

For an additional amount for ‘‘Operation and Maintenance, Air Force Reserve’’, $58,106,000: Provided, That such amount is 

designated by the Congress for Overseas Contingency Operations/ 

Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

the Balanced Budget and Emergency Deficit Control Act of 1985. 

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance, 

Army National Guard’’, $135,845,000: Provided, That such amount 

is designated by the Congress for Overseas Contingency Operations/ 

Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

the Balanced Budget and Emergency Deficit Control Act of 1985. 


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OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance, Air National Guard’’, $19,900,000: Provided, That such amount 

is designated by the Congress for Overseas Contingency Operations/ 

Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

the Balanced Budget and Emergency Deficit Control Act of 1985. 

COUNTERTERRORISM PARTNERSHIPS FUND

(INCLUDING TRANSFER OF FUNDS)

For the ‘‘Counterterrorism Partnerships Fund’’, $1,100,000,000, 

to remain available until September 30, 2017: Provided, That such 

funds shall be available to provide support and assistance to foreign 

security forces or other groups or individuals to conduct, support, 

or facilitate counterterrorism and crisis response activities: Provided 

further, That the Secretary of Defense shall transfer the funds 

provided herein to other appropriations provided for in this Act 

to be merged with and to be available for the same purposes 

and subject to the same authorities and for the same time period 

as the appropriation to which transferred: Provided further, That 

the transfer authority under this heading is in addition to any 

other transfer authority provided elsewhere in this Act: Provided 

further, That the funds available under this heading are available 

for transfer only to the extent that the Secretary of Defense submits 

a prior approval reprogramming request to the congressional 

defense committees: Provided further, That the Secretary of Defense 

shall comply with the appropriate vetting standards and procedures 

established in division C of the Consolidated and Further Continuing Appropriations Act of 2015 (Public Law 113–235) for any 

recipient of training, equipment, or other assistance: Provided further, That the amount provided under this heading is designated 

by the Congress for Overseas Contingency Operations/Global War 

on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

AFGHANISTAN SECURITY FORCES FUND

For the ‘‘Afghanistan Security Forces Fund’’, $3,652,257,000, 

to remain available until September 30, 2017: Provided, That such 

funds shall be available to the Secretary of Defense, notwithstanding any other provision of law, for the purpose of allowing 

the Commander, Combined Security Transition Command— 

Afghanistan, or the Secretary’s designee, to provide assistance, 

with the concurrence of the Secretary of State, to the security 

forces of Afghanistan, including the provision of equipment, supplies, services, training, facility and infrastructure repair, renovation, construction, and funding: Provided further, That the Secretary 

of Defense may obligate and expend funds made available to the 

Department of Defense in this title for additional costs associated 

with existing projects previously funded with amounts provided 

under the heading ‘‘Afghanistan Infrastructure Fund’’ in prior Acts: 

Provided further, That such costs shall be limited to contract 

changes resulting from inflation, market fluctuation, rate adjustments, and other necessary contract actions to complete existing 

projects, and associated supervision and administration costs and 

costs for design during construction: Provided further, That the 


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Secretary may not use more than $50,000,000 under the authority 

provided in this section: Provided further, That the Secretary shall 

notify in advance such contract changes and adjustments in annual 

reports to the congressional defense committees: Provided further, 

That the authority to provide assistance under this heading is 

in addition to any other authority to provide assistance to foreign 

nations: Provided further, That contributions of funds for the purposes provided herein from any person, foreign government, or 

international organization may be credited to this Fund, to remain 

available until expended, and used for such purposes: Provided 

further, That the Secretary of Defense shall notify the congressional 

defense committees in writing upon the receipt and upon the obligation of any contribution, delineating the sources and amounts of 

the funds received and the specific use of such contributions: Provided further, That the Secretary of Defense shall, not fewer than 

15 days prior to obligating from this appropriation account, notify 

the congressional defense committees in writing of the details of 

any such obligation: Provided further, That the Secretary of Defense 

shall notify the congressional defense committees of any proposed 

new projects or transfer of funds between budget sub-activity groups 

in excess of $20,000,000: Provided further, That the United States 

may accept equipment procured using funds provided under this 

heading in this or prior Acts that was transferred to the security 

forces of Afghanistan and returned by such forces to the United 

States: Provided further, That equipment procured using funds 

provided under this heading in this or prior Acts, and not yet 

transferred to the security forces of Afghanistan or transferred 

to the security forces of Afghanistan and returned by such forces 

to the United States, may be treated as stocks of the Department 

of Defense upon written notification to the congressional defense 

committees: Provided further, That of the funds provided under 

this heading, not less than $10,000,000 shall be for recruitment 

and retention of women in the Afghanistan National Security 

Forces, and the recruitment and training of female security personnel: Provided further, That such amount is designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

IRAQ TRAIN AND EQUIP FUND

For the ‘‘Iraq Train and Equip Fund’’, $715,000,000, to remain 

available until September 30, 2017: Provided, That such funds 

shall be available to the Secretary of Defense, in coordination with 

the Secretary of State, to provide assistance, including training; 

equipment; logistics support, supplies, and services; stipends; infrastructure repair, renovation, and sustainment, to military and other 

security forces of or associated with the Government of Iraq, 

including Kurdish and tribal security forces or other local security 

forces, with a national security mission, to counter the Islamic 

State of Iraq and the Levant: Provided further, That the Secretary 

of Defense shall ensure that prior to providing assistance to elements of any forces such elements are appropriately vetted, 

including at a minimum, assessing such elements for associations 

with terrorist groups or groups associated with the Government 

of Iran; and receiving commitments from such elements to promote 

respect for human rights and the rule of law: Provided further, 


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That the Secretary of Defense may accept and retain contributions, 

including assistance in-kind, from foreign governments, including 

the Government of Iraq, and other entities, to carry out assistance 

authorized under this heading: Provided further, That contributions 

of funds for the purposes provided herein from any foreign government or other entities, may be credited to this Fund, to remain 

available until expended, and used for such purposes: Provided 

further, That not more than 25 percent of the funds appropriated 

under this heading may be obligated or expended until not fewer 

than 15 days after: (1) the Secretary of Defense submits a report 

to the appropriate congressional committees, describing the plan 

for the provision of such training and assistance and the forces 

designated to receive such assistance; and (2) the President submits 

a report to the appropriate congressional committees on how assistance provided under this heading supports a larger regional 

strategy: Provided further, That of the amount provided under 

this heading, not more than 60 percent may be obligated or 

expended until not fewer than 15 days after the date on which 

the Secretary of Defense certifies to the appropriate congressional 

committees that an amount equal to not less than 40 percent 

of the amount provided under this heading has been contributed 

by other countries and entities for the purposes for which funds 

are provided under this heading, of which at least 50 percent 

shall have been contributed or provided by the Government of 

Iraq: Provided further, That the limitation in the preceding proviso 

shall not apply if the Secretary of Defense determines, in writing, 

that the national security objectives of the United States will be 

compromised by the application of the limitation to such assistance, 

and notifies the appropriate congressional committees not less than 

15 days in advance of the exemption taking effect, including a 

justification for the Secretary’s determination and a description 

of the assistance to be exempted from the application of such 

limitation: Provided further, That the Secretary of Defense may 

waive a provision of law relating to the acquisition of items and 

support services or sections 40 and 40A of the Arms Export Control 

Act (22 U.S.C. 2780 and 2785) if the Secretary determines such 

provisions of law would prohibit, restrict, delay or otherwise limit 

the provision of such assistance and a notice of and justification 

for such waiver is submitted to the appropriate congressional 

committees: Provided further, That the term ‘‘appropriate congressional committees’’ under this heading means the ‘‘congressional 

defense committees’’, the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations 

and Foreign Affairs of the House of Representatives: Provided further, That amounts made available under this heading are designated by the Congress for Overseas Contingency Operations/ 

Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

the Balanced Budget and Emergency Deficit Control Act of 1985. 

PROCUREMENT 

AIRCRAFT PROCUREMENT, ARMY

For an additional amount for ‘‘Aircraft Procurement, Army’’, 

$161,987,000, to remain available until September 30, 2018: Provided, That such amount is designated by the Congress for Overseas 


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Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

MISSILE PROCUREMENT, ARMY

For an additional amount for ‘‘Missile Procurement, Army’’, $37,260,000, to remain available until September 30, 2018: Provided, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, 

ARMY

For an additional amount for ‘‘Procurement of Weapons and 

Tracked Combat Vehicles, Army’’, $486,630,000, to remain available 

until September 30, 2018: Provided, That such amount is designated 

by the Congress for Overseas Contingency Operations/Global War 

on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

PROCUREMENT OF AMMUNITION, ARMY

For an additional amount for ‘‘Procurement of Ammunition, 

Army’’, $222,040,000, to remain available until September 30, 2018: 

Provided, That such amount is designated by the Congress for 

Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

Deficit Control Act of 1985. 

OTHER PROCUREMENT, ARMY

For an additional amount for ‘‘Other Procurement, Army’’, $1,175,596,000, to remain available until September 30, 2018: Provided, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

AIRCRAFT PROCUREMENT, NAVY

For an additional amount for ‘‘Aircraft Procurement, Navy’’, $210,990,000, to remain available until September 30, 2018: Provided, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS

For an additional amount for ‘‘Procurement of Ammunition, 

Navy and Marine Corps’’, $117,966,000, to remain available until 

September 30, 2018: Provided, That such amount is designated 

by the Congress for Overseas Contingency Operations/Global War 

on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 


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OTHER PROCUREMENT, NAVY

For an additional amount for ‘‘Other Procurement, Navy’’, $12,186,000, to remain available until September 30, 2018: Provided, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

PROCUREMENT, MARINE CORPS

For an additional amount for ‘‘Procurement, Marine Corps’’, $56,934,000, to remain available until September 30, 2018: Provided, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

AIRCRAFT PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Aircraft Procurement, Air Force’’, 

$128,900,000, to remain available until September 30, 2018: Provided, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

MISSILE PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Missile Procurement, Air Force’’, 

$289,142,000, to remain available until September 30, 2018: Provided, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

PROCUREMENT OF AMMUNITION, AIR FORCE

For an additional amount for ‘‘Procurement of Ammunition, 

Air Force’’, $228,874,000, to remain available until September 30, 

2018: Provided, That such amount is designated by the Congress 

for Overseas Contingency Operations/Global War on Terrorism 

pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 

Emergency Deficit Control Act of 1985. 

OTHER PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Other Procurement, Air Force’’, 

$3,477,001,000, to remain available until September 30, 2018: Provided, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

PROCUREMENT, DEFENSE-WIDE

For an additional amount for ‘‘Procurement, Defense-Wide’’, 

$173,918,000, to remain available until September 30, 2018: Provided, That such amount is designated by the Congress for Overseas 


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Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT

For procurement of rotary-wing aircraft; combat, tactical and 

support vehicles; other weapons; and other procurement items for 

the reserve components of the Armed Forces, $1,000,000,000, to 

remain available for obligation until September 30, 2018: Provided, 

That the Chiefs of National Guard and Reserve components shall, 

not later than 30 days after enactment of this Act, individually 

submit to the congressional defense committees the modernization 

priority assessment for their respective National Guard or Reserve 

component: Provided further, That none of the funds made available 

by this paragraph may be used to procure manned fixed wing 

aircraft, or procure or modify missiles, munitions, or ammunition: 

Provided further, That such amount is designated by the Congress 

for Overseas Contingency Operations/Global War on Terrorism 

pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 

Emergency Deficit Control Act of 1985. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

For an additional amount for ‘‘Research, Development, Test 

and Evaluation, Army’’, $1,500,000, to remain available until September 30, 2017: Provided, That such amount is designated by 

the Congress for Overseas Contingency Operations/Global War on 

Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

For an additional amount for ‘‘Research, Development, Test 

and Evaluation, Navy’’, $35,747,000, to remain available until September 30, 2017: Provided, That such amount is designated by 

the Congress for Overseas Contingency Operations/Global War on 

Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE

For an additional amount for ‘‘Research, Development, Test 

and Evaluation, Air Force’’, $17,100,000, to remain available until 

September 30, 2017: Provided, That such amount is designated 

by the Congress for Overseas Contingency Operations/Global War 

on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE

For an additional amount for ‘‘Research, Development, Test 

and Evaluation, Defense-Wide’’, $177,087,000, to remain available 

until September 30, 2017: Provided, That such amount is designated 

by the Congress for Overseas Contingency Operations/Global War 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2391 

on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

REVOLVING AND MANAGEMENT FUNDS 

DEFENSE WORKING CAPITAL FUNDS

For an additional amount for ‘‘Defense Working Capital Funds’’, 

$88,850,000: Provided, That such amount is designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

OTHER DEPARTMENT OF DEFENSE PROGRAMS 

DEFENSE HEALTH PROGRAM

For an additional amount for ‘‘Defense Health Program’’, 

$272,704,000, which shall be for operation and maintenance: Provided, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

For an additional amount for ‘‘Drug Interdiction and CounterDrug Activities, Defense’’, $186,000,000: Provided, That such 

amount is designated by the Congress for Overseas Contingency 

Operations/Global War on Terrorism pursuant to section 

251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

(INCLUDING TRANSFER OF FUNDS)

For the ‘‘Joint Improvised Explosive Device Defeat Fund’’, 

$349,464,000, to remain available until September 30, 2018: Provided, That such funds shall be available to the Secretary of 

Defense, notwithstanding any other provision of law, for the purpose 

of allowing the Director of the Joint Improvised Explosive Device 

Defeat Organization to investigate, develop and provide equipment, 

supplies, services, training, facilities, personnel and funds to assist 

United States forces in the defeat of improvised explosive devices: 

Provided further, That the Secretary of Defense may transfer funds 

provided herein to appropriations for military personnel; operation 

and maintenance; procurement; research, development, test and 

evaluation; and defense working capital funds to accomplish the 

purpose provided herein: Provided further, That this transfer 

authority is in addition to any other transfer authority available 

to the Department of Defense: Provided further, That the Secretary 

of Defense shall, not fewer than 15 days prior to making transfers 

from this appropriation, notify the congressional defense committees 

in writing of the details of any such transfer: Provided further, 

That such amount is designated by the Congress for Overseas 


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Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

OFFICE OF THE INSPECTOR GENERAL

For an additional amount for the ‘‘Office of the Inspector Gen- eral’’, $10,262,000: Provided, That such amount is designated by 

the Congress for Overseas Contingency Operations/Global War on 

Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

GENERAL PROVISIONS—THIS TITLE 

SEC. 9001. Notwithstanding any other provision of law, funds 

made available in this title are in addition to amounts appropriated 

or otherwise made available for the Department of Defense for 

fiscal year 2016. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 9002. Upon the determination of the Secretary of Defense 

that such action is necessary in the national interest, the Secretary 

may, with the approval of the Office of Management and Budget, 

transfer up to $4,500,000,000 between the appropriations or funds 

made available to the Department of Defense in this title: Provided, 

That the Secretary shall notify the Congress promptly of each 

transfer made pursuant to the authority in this section: Provided 

further, That the authority provided in this section is in addition 

to any other transfer authority available to the Department of 

Defense and is subject to the same terms and conditions as the 

authority provided in section 8005 of this Act. 

SEC. 9003. Supervision and administration costs and costs for 

design during construction associated with a construction project 

funded with appropriations available for operation and maintenance 

or the ‘‘Afghanistan Security Forces Fund’’ provided in this Act 

and executed in direct support of overseas contingency operations 

in Afghanistan, may be obligated at the time a construction contract 

is awarded: Provided, That, for the purpose of this section, supervision and administration costs and costs for design during construction include all in-house Government costs. 

SEC. 9004. From funds made available in this title, the Secretary of Defense may purchase for use by military and civilian 

employees of the Department of Defense in the United States Central Command area of responsibility: (1) passenger motor vehicles 

up to a limit of $75,000 per vehicle; and (2) heavy and light 

armored vehicles for the physical security of personnel or for force 

protection purposes up to a limit of $450,000 per vehicle, notwithstanding price or other limitations applicable to the purchase of 

passenger carrying vehicles. 

SEC. 9005. Not to exceed $5,000,000 of the amounts appropriated by this title under the heading ‘‘Operation and Maintenance, 

Army’’ may be used, notwithstanding any other provision of law, 

to fund the Commanders’ Emergency Response Program (CERP), 

for the purpose of enabling military commanders in Afghanistan 

to respond to urgent, small-scale, humanitarian relief and 

reconstruction requirements within their areas of responsibility: 

Provided, That each project (including any ancillary or related 


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elements in connection with such project) executed under this 

authority shall not exceed $2,000,000: Provided further, That not 

later than 45 days after the end of each 6 months of the fiscal 

year, the Secretary of Defense shall submit to the congressional 

defense committees a report regarding the source of funds and 

the allocation and use of funds during that 6-month period that 

were made available pursuant to the authority provided in this 

section or under any other provision of law for the purposes 

described herein: Provided further, That, not later than 30 days 

after the end of each fiscal year quarter, the Army shall submit 

to the congressional defense committees quarterly commitment, 

obligation, and expenditure data for the CERP in Afghanistan: 

Provided further, That, not less than 15 days before making funds 

available pursuant to the authority provided in this section or 

under any other provision of law for the purposes described herein 

for a project with a total anticipated cost for completion of $500,000 

or more, the Secretary shall submit to the congressional defense 

committees a written notice containing each of the following: 

(1) The location, nature and purpose of the proposed project, 

including how the project is intended to advance the military 

campaign plan for the country in which it is to be carried 

out. 

(2) The budget, implementation timeline with milestones, 

and completion date for the proposed project, including any 

other CERP funding that has been or is anticipated to be 

contributed to the completion of the project. 

(3) A plan for the sustainment of the proposed project, 

including the agreement with either the host nation, a nonDepartment of Defense agency of the United States Government 

or a third-party contributor to finance the sustainment of the 

activities and maintenance of any equipment or facilities to 

be provided through the proposed project. 

SEC. 9006. Funds available to the Department of Defense for 

operation and maintenance may be used, notwithstanding any other 

provision of law, to provide supplies, services, transportation, 

including airlift and sealift, and other logistical support to coalition 

forces supporting military and stability operations in Afghanistan 

and to counter the Islamic State of Iraq and the Levant: Provided, 

That the Secretary of Defense shall provide quarterly reports to 

the congressional defense committees regarding support provided 

under this section. 

SEC. 9007. None of the funds appropriated or otherwise made 

available by this or any other Act shall be obligated or expended 

by the United States Government for a purpose as follows: 

(1) To establish any military installation or base for the 

purpose of providing for the permanent stationing of United 

States Armed Forces in Iraq. 

(2) To exercise United States control over any oil resource 

of Iraq. 

(3) To establish any military installation or base for the 

purpose of providing for the permanent stationing of United 

States Armed Forces in Afghanistan. 

SEC. 9008. None of the funds made available in this Act may 

be used in contravention of the following laws enacted or regulations 

promulgated to implement the United Nations Convention Against 

Torture and Other Cruel, Inhuman or Degrading Treatment or 

Punishment (done at New York on December 10, 1984): 


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(1) Section 2340A of title 18, United States Code. 

(2) Section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998 (division G of Public Law 105–277; 112 

Stat. 2681–822; 8 U.S.C. 1231 note) and regulations prescribed 

thereto, including regulations under part 208 of title 8, Code 

of Federal Regulations, and part 95 of title 22, Code of Federal 

Regulations. 

(3) Sections 1002 and 1003 of the Department of Defense, 

Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 

2006 (Public Law 109–148). 

SEC. 9009. None of the funds provided for the ‘‘Afghanistan 

Security Forces Fund’’ (ASFF) may be obligated prior to the 

approval of a financial and activity plan by the Afghanistan 

Resources Oversight Council (AROC) of the Department of Defense: 

Provided, That the AROC must approve the requirement and 

acquisition plan for any service requirements in excess of 

$50,000,000 annually and any non-standard equipment requirements in excess of $100,000,000 using ASFF: Provided further, 

That the Department of Defense must certify to the congressional 

defense committees that the AROC has convened and approved 

a process for ensuring compliance with the requirements in the 

preceding proviso and accompanying report language for the ASFF. 

SEC. 9010. Funds made available in this title to the Department 

of Defense for operation and maintenance may be used to purchase 

items having an investment unit cost of not more than $250,000: 

Provided, That, upon determination by the Secretary of Defense 

that such action is necessary to meet the operational requirements 

of a Commander of a Combatant Command engaged in contingency 

operations overseas, such funds may be used to purchase items 

having an investment item unit cost of not more than $500,000. 

SEC. 9011. From funds made available to the Department of 

Defense in this title under the heading ‘‘Operation and Maintenance, Air Force’’, up to $80,000,000 may be used by the Secretary 

of Defense, notwithstanding any other provision of law, to support 

United States Government transition activities in Iraq by funding 

the operations and activities of the Office of Security Cooperation 

in Iraq and security assistance teams, including life support, 

transportation and personal security, and facilities renovation and 

construction, and site closeout activities prior to returning sites 

to the Government of Iraq: Provided, That to the extent authorized 

under the National Defense Authorization Act for Fiscal Year 2016, 

the operations and activities that may be carried out by the Office 

of Security Cooperation in Iraq may, with the concurrence of the 

Secretary of State, include non-operational training activities in 

support of Iraqi Minister of Defense and Counter Terrorism Service 

personnel in an institutional environment to address capability 

gaps, integrate processes relating to intelligence, air sovereignty, 

combined arms, logistics and maintenance, and to manage and 

integrate defense-related institutions: Provided further, That not 

later than 30 days following the enactment of this Act, the Secretary 

of Defense and the Secretary of State shall submit to the congressional defense committees a plan for transitioning any such training 

activities that they determine are needed after the end of fiscal 

year 2016, to existing or new contracts for the sale of defense 

articles or defense services consistent with the provisions of the 

Arms Export Control Act (22 U.S.C. 2751 et seq.): Provided further, 


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That, not less than 15 days before making funds available pursuant 

to the authority provided in this section, the Secretary of Defense 

shall submit to the congressional defense committees a written 

notice containing a detailed justification and timeline for the operations and activities of the Office of Security Cooperation in Iraq 

at each site where such operations and activities will be conducted 

during fiscal year 2016 : Provided further, That amounts made 

available by this section are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant 

to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

Deficit Control Act of 1985. 

SEC. 9012. Up to $600,000,000 of funds appropriated by this 

Act for the Counterterrorism Partnerships Fund may be used to 

provide assistance to the Government of Jordan to support the 

armed forces of Jordan and to enhance security along its borders. 

SEC. 9013. None of the funds made available by this Act under 

the heading ‘‘Iraq Train and Equip Fund’’ may be used to procure 

or transfer man-portable air defense systems. 

SEC. 9014. For the ‘‘Ukraine Security Assistance Initiative’’, 

$250,000,000 is hereby appropriated, to remain available until September 30, 2016: Provided, That such funds shall be available 

to the Secretary of Defense, in coordination with the Secretary 

of State, to provide assistance, including training; equipment; lethal 

weapons of a defensive nature; logistics support, supplies and services; sustainment; and intelligence support to the military and 

national security forces of Ukraine, and for replacement of any 

weapons or defensive articles provided to the Government of 

Ukraine from the inventory of the United States: Provided further, 

That the Secretary of Defense shall, not less than 15 days prior 

to obligating funds provided under this heading, notify the congressional defense committees in writing of the details of any such 

obligation: Provided further, That the United States may accept 

equipment procured using funds provided under this heading in 

this or prior Acts that was transferred to the security forces of 

Ukraine and returned by such forces to the United States: Provided 

further, That equipment procured using funds provided under this 

heading in this or prior Acts, and not yet transferred to the military 

or National Security Forces of Ukraine or returned by such forces 

to the United States, may be treated as stocks of the Department 

of Defense upon written notification to the congressional defense 

committees: Provided further, That amounts made available by 

this section are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 

251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

SEC. 9015. Funds appropriated in this title shall be available 

for replacement of funds for items provided to the Government 

of Ukraine from the inventory of the United States to the extent 

specifically provided for in section 9014 of this Act. 

SEC. 9016. None of the funds made available by this Act under 

section 9014 for ‘‘Assistance and Sustainment to the Military and 

National Security Forces of Ukraine’’ may be used to procure or 

transfer man-portable air defense systems. 

SEC. 9017. (a) None of the funds appropriated or otherwise 

made available by this Act under the heading ‘‘Operation and 

Maintenance, Defense-Wide’’ for payments under section 1233 of 


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Public Law 110–181 for reimbursement to the Government of Pakistan may be made available unless the Secretary of Defense, in 

coordination with the Secretary of State, certifies to the congressional defense committees that the Government of Pakistan is— 

(1) cooperating with the United States in counterterrorism 

efforts against the Haqqani Network, the Quetta Shura Taliban, 

Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and other 

domestic and foreign terrorist organizations, including taking 

steps to end support for such groups and prevent them from 

basing and operating in Pakistan and carrying out cross border 

attacks into neighboring countries; 

(2) not supporting terrorist activities against United States 

or coalition forces in Afghanistan, and Pakistan’s military and 

intelligence agencies are not intervening extra-judicially into 

political and judicial processes in Pakistan; 

(3) dismantling improvised explosive device (IED) networks 

and interdicting precursor chemicals used in the manufacture 

of IEDs; 

(4) preventing the proliferation of nuclear-related material 

and expertise; 

(5) implementing policies to protect judicial independence 

and due process of law; 

(6) issuing visas in a timely manner for United States 

visitors engaged in counterterrorism efforts and assistance programs in Pakistan; and 

(7) providing humanitarian organizations access to 

detainees, internally displaced persons, and other Pakistani 

civilians affected by the conflict. 

(b) The Secretary of Defense, in coordination with the Secretary 

of State, may waive the restriction in subsection (a) on a caseby-case basis by certifying in writing to the congressional defense 

committees that it is in the national security interest to do so: 

Provided, That if the Secretary of Defense, in coordination with 

the Secretary of State, exercises such waiver authority, the Secretaries shall report to the congressional defense committees on both 

the justification for the waiver and on the requirements of this 

section that the Government of Pakistan was not able to meet: 

Provided further, That such report may be submitted in classified 

form if necessary. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 9018. In addition to amounts otherwise made available 

in this Act, $500,000,000 is hereby appropriated to the Department 

of Defense and made available for transfer only to the operation 

and maintenance, military personnel, and procurement accounts, 

to improve the intelligence, surveillance, and reconnaissance 

capabilities of the Department of Defense: Provided, That the 

transfer authority provided in this section is in addition to any 

other transfer authority provided elsewhere in this Act: Provided 

further, That not later than 30 days prior to exercising the transfer 

authority provided in this section, the Secretary of Defense shall 

submit a report to the congressional defense committees on the 

proposed uses of these funds: Provided further, That the funds 

provided in this section may not be transferred to any program, 

project, or activity specifically limited or denied by this Act: Provided further, That amounts made available by this section are 


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designated by the Congress for Overseas Contingency Operations/ 

Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

the Balanced Budget and Emergency Deficit Control Act of 1985: 

Provided further, That the authority to provide funding under this 

section shall terminate on September 30, 2016. 

SEC. 9019. None of the funds made available by this Act may 

be used with respect to Syria in contravention of the War Powers 

Resolution (50 U.S.C. 1541 et seq.), including for the introduction 

of United States armed or military forces into hostilities in Syria, 

into situations in Syria where imminent involvement in hostilities 

is clearly indicated by the circumstances, or into Syrian territory, 

airspace, or waters while equipped for combat, in contravention 

of the congressional consultation and reporting requirements of 

sections 3 and 4 of that law (50 U.S.C. 1542 and 1543). 

SEC. 9020. None of the funds in this Act may be made available 

for the transfer of additional C–130 cargo aircraft to the Afghanistan 

National Security Forces or the Afghanistan Air Force until the 

Department of Defense provides a report to the congressional 

defense committees of the Afghanistan Air Force’s medium airlift 

requirements. The report should identify Afghanistan’s ability to 

utilize and maintain existing medium lift aircraft in the inventory 

and the best alternative platform, if necessary, to provide additional 

support to the Afghanistan Air Force’s current medium airlift 

capacity. 

(RESCISSION)

SEC. 9021. Of the funds appropriated in Department of Defense 

Appropriations Acts, the following funds are hereby rescinded from 

the following accounts and programs in the specified amounts: 

Provided, That such amounts are designated by the Congress for 

Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

Deficit Control Act of 1985, as amended: 

‘‘Afghanistan Security Forces Fund’’, 2015/2016, $400,000,000. 

This division may be cited as the ‘‘Department of Defense 

Appropriations Act, 2016’’. 

DIVISION D—ENERGY AND WATER DEVELOPMENT AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2016 

TITLE I 

CORPS OF ENGINEERS—CIVIL 

DEPARTMENT OF THE ARMY 

CORPS OF ENGINEERS—CIVIL

The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief 

of Engineers for authorized civil functions of the Department of 

the Army pertaining to river and harbor, flood and storm damage 

reduction, shore protection, aquatic ecosystem restoration, and 

related efforts. 

Energy and 

Water 

Development and 

Related Agencies 

Appropriations 

Act, 2016. 


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INVESTIGATIONS

For expenses necessary where authorized by law for the collection and study of basic information pertaining to river and harbor, 

flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related needs; for surveys and detailed 

studies, and plans and specifications of proposed river and harbor, 

flood and storm damage reduction, shore protection, and aquatic 

ecosystem restoration projects, and related efforts prior to construction; for restudy of authorized projects; and for miscellaneous investigations, and, when authorized by law, surveys and detailed 

studies, and plans and specifications of projects prior to construction, $121,000,000, to remain available until expended: Provided, That the Secretary may initiate up to, but not more than, 10 

new study starts during fiscal year 2016: Provided further, That 

the new study starts will consist of seven studies where the majority 

of the benefits are derived from navigation transportation savings 

or from flood and storm damage reduction and three studies where 

the majority of benefits are derived from environmental restoration: 

Provided further, That the Secretary shall not deviate from the 

new starts proposed in the work plan, once the plan has been 

submitted to the Committees on Appropriations of the House of 

Representatives and the Senate. 

CONSTRUCTION

For expenses necessary for the construction of river and harbor, 

flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related projects authorized by law; for 

conducting detailed studies, and plans and specifications, of such 

projects (including those involving participation by States, local 

governments, or private groups) authorized or made eligible for 

selection by law (but such detailed studies, and plans and specifications, shall not constitute a commitment of the Government to 

construction); $1,862,250,000, to remain available until expended; 

of which such sums as are necessary to cover the Federal share 

of construction costs for facilities under the Dredged Material Disposal Facilities program shall be derived from the Harbor Maintenance Trust Fund as authorized by Public Law 104–303; and of 

which such sums as are necessary to cover one-half of the costs 

of construction, replacement, rehabilitation, and expansion of inland 

waterways projects shall be derived from the Inland Waterways 

Trust Fund, except as otherwise specifically provided for in law: 

Provided, That the Secretary may initiate up to, but not more 

than, six new construction starts during fiscal year 2016: Provided 

further, That the new construction starts will consist of five projects 

where the majority of the benefits are derived from navigation 

transportation savings or from flood and storm damage reduction 

and one project where the majority of the benefits are derived 

from environmental restoration: Provided further, That for new 

construction projects, project cost sharing agreements shall be 

executed as soon as practicable but no later than August 31, 2016: 

Provided further, That no allocation for a new start shall be considered final and no work allowance shall be made until the Secretary 

provides to the Committees on Appropriations of the House of 

Representatives and the Senate an out-year funding scenario demonstrating the affordability of the selected new starts and the 

impacts on other projects: Provided further, That the Secretary 


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may not deviate from the new starts proposed in the work plan, 

once the plan has been submitted to the Committees on Appropriations of the House of Representatives and the Senate. 

MISSISSIPPI RIVER AND TRIBUTARIES

For expenses necessary for flood damage reduction projects 

and related efforts in the Mississippi River alluvial valley below 

Cape Girardeau, Missouri, as authorized by law, $345,000,000, to 

remain available until expended, of which such sums as are necessary to cover the Federal share of eligible operation and maintenance costs for inland harbors shall be derived from the Harbor 

Maintenance Trust Fund. 

OPERATION AND MAINTENANCE

For expenses necessary for the operation, maintenance, and 

care of existing river and harbor, flood and storm damage reduction, 

aquatic ecosystem restoration, and related projects authorized by 

law; providing security for infrastructure owned or operated by 

the Corps, including administrative buildings and laboratories; 

maintaining harbor channels provided by a State, municipality, 

or other public agency that serve essential navigation needs of 

general commerce, where authorized by law; surveying and charting 

northern and northwestern lakes and connecting waters; clearing 

and straightening channels; and removing obstructions to navigation, $3,137,000,000, to remain available until expended, of which 

such sums as are necessary to cover the Federal share of eligible 

operation and maintenance costs for coastal harbors and channels, 

and for inland harbors shall be derived from the Harbor Maintenance Trust Fund; of which such sums as become available from 

the special account for the Corps of Engineers established by the 

Land and Water Conservation Fund Act of 1965 shall be derived 

from that account for resource protection, research, interpretation, 

and maintenance activities related to resource protection in the 

areas at which outdoor recreation is available; and of which such 

sums as become available from fees collected under section 217 

of Public Law 104–303 shall be used to cover the cost of operation 

and maintenance of the dredged material disposal facilities for 

which such fees have been collected: Provided, That 1 percent 

of the total amount of funds provided for each of the programs, 

projects, or activities funded under this heading shall not be allocated to a field operating activity prior to the beginning of the 

fourth quarter of the fiscal year and shall be available for use 

by the Chief of Engineers to fund such emergency activities as 

the Chief of Engineers determines to be necessary and appropriate, 

and that the Chief of Engineers shall allocate during the fourth 

quarter any remaining funds which have not been used for emergency activities proportionally in accordance with the amounts provided for the programs, projects, or activities. 

REGULATORY PROGRAM

For expenses necessary for administration of laws pertaining 

to regulation of navigable waters and wetlands, $200,000,000, to 

remain available until September 30, 2017. 


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FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

For expenses necessary to clean up contamination from sites 

in the United States resulting from work performed as part of 

the Nation’s early atomic energy program, $112,000,000, to remain 

available until expended. 

FLOOD CONTROL AND COASTAL EMERGENCIES

For expenses necessary to prepare for flood, hurricane, and 

other natural disasters and support emergency operations, repairs, 

and other activities in response to such disasters as authorized 

by law, $28,000,000, to remain available until expended. 

EXPENSES

For expenses necessary for the supervision and general 

administration of the civil works program in the headquarters 

of the Corps of Engineers and the offices of the Division Engineers; 

and for costs of management and operation of the Humphreys 

Engineer Center Support Activity, the Institute for Water 

Resources, the United States Army Engineer Research and Development Center, and the United States Army Corps of Engineers 

Finance Center allocable to the civil works program, $179,000,000, 

to remain available until September 30, 2017, of which not to 

exceed $5,000 may be used for official reception and representation 

purposes and only during the current fiscal year: Provided, That 

no part of any other appropriation provided in this title shall 

be available to fund the civil works activities of the Office of 

the Chief of Engineers or the civil works executive direction and 

management activities of the division offices: Provided further, That 

any Flood Control and Coastal Emergencies appropriation may 

be used to fund the supervision and general administration of 

emergency operations, repairs, and other activities in response to 

any flood, hurricane, or other natural disaster. 

OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS

For the Office of the Assistant Secretary of the Army for Civil 

Works as authorized by 10 U.S.C. 3016(b)(3), $4,750,000, to remain 

available until September 30, 2017: Provided, That not more than 

50 percent of such amount may be obligated or expended until 

the Assistant Secretary submits to the Committees on Appropriations of both Houses of Congress a work plan that allocates at 

least 95 percent of the additional funding provided under each 

heading in this title (as designated under such heading in the 

explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act)) to specific programs, 

projects, or activities. 

GENERAL PROVISIONS—CORPS OF ENGINEERS—CIVIL 

(INCLUDING TRANSFER OF FUNDS)

SEC. 101. (a) None of the funds provided in title I of this 

Act, or provided by previous appropriations Acts to the agencies 

or entities funded in title I of this Act that remain available for 

obligation or expenditure in fiscal year 2016, shall be available 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2401 

for obligation or expenditure through a reprogramming of funds 

that: 

(1) creates or initiates a new program, project, or activity; 

(2) eliminates a program, project, or activity; 

(3) increases funds or personnel for any program, project, 

or activity for which funds have been denied or restricted 

by this Act, unless prior approval is received from the House 

and Senate Committees on Appropriations; 

(4) proposes to use funds directed for a specific activity 

for a different purpose, unless prior approval is received from 

the House and Senate Committees on Appropriations; 

(5) augments or reduces existing programs, projects, or 

activities in excess of the amounts contained in paragraphs 

(6) through (10), unless prior approval is received from the 

House and Senate Committees on Appropriations; 

(6) INVESTIGATIONS.—For a base level over $100,000, reprogramming of 25 percent of the base amount up to a limit 

of $150,000 per project, study or activity is allowed: Provided, 

That for a base level less than $100,000, the reprogramming 

limit is $25,000: Provided further, That up to $25,000 may 

be reprogrammed into any continuing study or activity that 

did not receive an appropriation for existing obligations and 

concomitant administrative expenses; 

(7) CONSTRUCTION.—For a base level over $2,000,000, reprogramming of 15 percent of the base amount up to a limit 

of $3,000,000 per project, study or activity is allowed: Provided, 

That for a base level less than $2,000,000, the reprogramming 

limit is $300,000: Provided further, That up to $3,000,000 may 

be reprogrammed for settled contractor claims, changed conditions, or real estate deficiency judgments: Provided further, 

That up to $300,000 may be reprogrammed into any continuing 

study or activity that did not receive an appropriation for 

existing obligations and concomitant administrative expenses; 

(8) OPERATION AND MAINTENANCE.—Unlimited reprogramming authority is granted for the Corps to be able to respond 

to emergencies: Provided, That the Chief of Engineers shall 

notify the House and Senate Committees on Appropriations 

of these emergency actions as soon thereafter as practicable: 

Provided further, That for a base level over $1,000,000, reprogramming of 15 percent of the base amount up to a limit 

of $5,000,000 per project, study, or activity is allowed: Provided 

further, That for a base level less than $1,000,000, the reprogramming limit is $150,000: Provided further, That $150,000 

may be reprogrammed into any continuing study or activity 

that did not receive an appropriation; 

(9) MISSISSIPPI RIVER AND TRIBUTARIES.—The reprogramming guidelines in paragraphs (6), (7), and (8) shall apply 

to the Investigations, Construction, and Operation and Maintenance portions of the Mississippi River and Tributaries Account, 

respectively; and 

(10) FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM.—Reprogramming of up to 15 percent of the base of 

the receiving project is permitted. 

(b) DE MINIMUS REPROGRAMMINGS.—In no case should a reprogramming for less than $50,000 be submitted to the House 

and Senate Committees on Appropriations. 


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129 STAT. 2402 PUBLIC LAW 114–113—DEC. 18, 2015 

(c) CONTINUING AUTHORITIES PROGRAM.—Subsection (a)(1) shall 

not apply to any project or activity funded under the continuing 

authorities program. 

(d) Not later than 60 days after the date of enactment of 

this Act, the Secretary shall submit a report to the House and 

Senate Committees on Appropriations to establish the baseline 

for application of reprogramming and transfer authorities for the 

current fiscal year which shall include: 

(1) A table for each appropriation with a separate column 

to display the President’s budget request, adjustments made 

by Congress, adjustments due to enacted rescissions, if 

applicable, and the fiscal year enacted level; 

(2) A delineation in the table for each appropriation both 

by object class and program, project and activity as detailed 

in the budget appendix for the respective appropriations; and 

(3) An identification of items of special congressional 

interest. 

SEC. 102. The Secretary shall allocate funds made available 

in this Act solely in accordance with the provisions of this Act 

and the explanatory statement described in section 4 (in the matter 

preceding division A of this consolidated Act), including the determination and designation of new starts. 

SEC. 103. None of the funds made available in this title may 

be used to award or modify any contract that commits funds beyond 

the amounts appropriated for that program, project, or activity 

that remain unobligated, except that such amounts may include 

any funds that have been made available through reprogramming 

pursuant to section 101. 

SEC. 104. The Secretary of the Army may transfer to the 

Fish and Wildlife Service, and the Fish and Wildlife Service may 

accept and expend, up to $5,400,000 of funds provided in this 

title under the heading ‘‘Operation and Maintenance’’ to mitigate 

for fisheries lost due to Corps of Engineers projects. 

SEC. 105. None of the funds made available in this or any 

other Act making appropriations for Energy and Water Development for any fiscal year may be used by the Corps of Engineers 

during the fiscal year ending September 30, 2016, to develop, adopt, 

implement, administer, or enforce any change to the regulations 

in effect on October 1, 2012, pertaining to the definitions of the 

terms ‘‘fill material’’ or ‘‘discharge of fill material’’ for the purposes 

of the Federal Water Pollution Control Act (33 U.S.C. 1251 et 

seq.). 

SEC. 106. None of the funds in this Act shall be used for 

an open lake placement alternative of dredged material, after evaluating the least costly, environmentally acceptable manner for the 

disposal or management of dredged material originating from Lake 

Erie or tributaries thereto, unless it is approved under a State 

water quality certification pursuant to 33 U.S.C. 1341. 

SEC. 107. (a) Not later than 180 days after the date of enactment of this Act, the Secretary shall execute a transfer agreement 

with the South Florida Water Management District for the project 

identified as the ‘‘Ten Mile Creek Water Preserve Area Critical 

Restoration Project’’, carried out under section 528(b)(3) of the 

Water Resources Development Act of 1996 (110 Stat. 3768). 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2403 

(b) The transfer agreement under subsection (a) shall require 

the South Florida Water Management District to operate the transferred project as an environmental restoration project to provide 

water storage and water treatment options. 

(c) Upon execution of the transfer agreement under subsection 

(a), the Ten Mile Creek Water Preserve Area Critical Restoration 

Project shall no longer be authorized as a Federal project. 

SEC. 108. None of the funds made available in this title may 

be used for any acquisition that is not consistent with 48 CFR 

225.7007. 

SEC. 109. None of the funds made available by this Act may 

be used to continue the study conducted by the Army Corps of 

Engineers pursuant to section 5018(a)(1) of the Water Resources 

Development Act of 2007 (Public Law 110–114). 

SEC. 110. None of the funds made available by this Act may 

be used to require a permit for the discharge of dredged or fill 

material under the Federal Water Pollution Control Act (33 U.S.C. 

1251, et seq.) for the activities identified in subparagraphs (A) 

and (C) of section 404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A), 

(C)). 

TITLE II 

DEPARTMENT OF THE INTERIOR 

CENTRAL UTAH PROJECT

CENTRAL UTAH PROJECT COMPLETION ACCOUNT

For carrying out activities authorized by the Central Utah 

Project Completion Act, $10,000,000, to remain available until 

expended, of which $1,000,000 shall be deposited into the Utah 

Reclamation Mitigation and Conservation Account for use by the 

Utah Reclamation Mitigation and Conservation Commission: Provided, That of the amount provided under this heading, $1,350,000 

shall be available until September 30, 2017, for expenses necessary 

in carrying out related responsibilities of the Secretary of the 

Interior: Provided further, That for fiscal year 2016, of the amount 

made available to the Commission under this Act or any other 

Act, the Commission may use an amount not to exceed $1,500,000 

for administrative expenses. 

BUREAU OF RECLAMATION

The following appropriations shall be expended to execute 

authorized functions of the Bureau of Reclamation: 

WATER AND RELATED RESOURCES

(INCLUDING TRANSFERS OF FUNDS)

For management, development, and restoration of water and 

related natural resources and for related activities, including the 

operation, maintenance, and rehabilitation of reclamation and other 

facilities, participation in fulfilling related Federal responsibilities 

to Native Americans, and related grants to, and cooperative and 


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129 STAT. 2404 PUBLIC LAW 114–113—DEC. 18, 2015 

other agreements with, State and local governments, federally recognized Indian tribes, and others, $1,118,972,000, to remain available until expended, of which $22,000 shall be available for transfer 

to the Upper Colorado River Basin Fund and $5,899,000 shall 

be available for transfer to the Lower Colorado River Basin Development Fund; of which such amounts as may be necessary may 

be advanced to the Colorado River Dam Fund: Provided, That 

such transfers may be increased or decreased within the overall 

appropriation under this heading: Provided further, That of the 

total appropriated, the amount for program activities that can be 

financed by the Reclamation Fund or the Bureau of Reclamation 

special fee account established by 16 U.S.C. 6806 shall be derived 

from that Fund or account: Provided further, That funds contributed 

under 43 U.S.C. 395 are available until expended for the purposes 

for which the funds were contributed: Provided further, That funds 

advanced under 43 U.S.C. 397a shall be credited to this account 

and are available until expended for the same purposes as the 

sums appropriated under this heading: Provided further, That of 

the amounts provided herein, funds may be used for high-priority 

projects which shall be carried out by the Youth Conservation 

Corps, as authorized by 16 U.S.C. 1706. 

CENTRAL VALLEY PROJECT RESTORATION FUND

For carrying out the programs, projects, plans, habitat restoration, improvement, and acquisition provisions of the Central Valley 

Project Improvement Act, $49,528,000, to be derived from such 

sums as may be collected in the Central Valley Project Restoration 

Fund pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public 

Law 102–575, to remain available until expended: Provided, That 

the Bureau of Reclamation is directed to assess and collect the 

full amount of the additional mitigation and restoration payments 

authorized by section 3407(d) of Public Law 102–575: Provided 

further, That none of the funds made available under this heading 

may be used for the acquisition or leasing of water for in-stream 

purposes if the water is already committed to in-stream purposes 

by a court adopted decree or order. 

CALIFORNIA BAY-DELTA RESTORATION

(INCLUDING TRANSFERS OF FUNDS)

For carrying out activities authorized by the Water Supply, 

Reliability, and Environmental Improvement Act, consistent with 

plans to be approved by the Secretary of the Interior, $37,000,000, 

to remain available until expended, of which such amounts as 

may be necessary to carry out such activities may be transferred 

to appropriate accounts of other participating Federal agencies to 

carry out authorized purposes: Provided, That funds appropriated 

herein may be used for the Federal share of the costs of CALFED 

Program management: Provided further, That CALFED 

implementation shall be carried out in a balanced manner with 

clear performance measures demonstrating concurrent progress in 

achieving the goals and objectives of the Program. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2405 

POLICY AND ADMINISTRATION

For expenses necessary for policy, administration, and related 

functions in the Office of the Commissioner, the Denver office, 

and offices in the five regions of the Bureau of Reclamation, to 

remain available until September 30, 2017, $59,500,000, to be 

derived from the Reclamation Fund and be nonreimbursable as 

provided in 43 U.S.C. 377: Provided, That no part of any other 

appropriation in this Act shall be available for activities or functions 

budgeted as policy and administration expenses. 

ADMINISTRATIVE PROVISION

Appropriations for the Bureau of Reclamation shall be available 

for purchase of not to exceed five passenger motor vehicles, which 

are for replacement only. 

GENERAL PROVISIONS—DEPARTMENT OF THE INTERIOR 

SEC. 201. (a) None of the funds provided in title II of this 

Act for Water and Related Resources, or provided by previous 

appropriations Acts to the agencies or entities funded in title II 

of this Act for Water and Related Resources that remain available 

for obligation or expenditure in fiscal year 2016, shall be available 

for obligation or expenditure through a reprogramming of funds 

that— 

(1) initiates or creates a new program, project, or activity; 

(2) eliminates a program, project, or activity; 

(3) increases funds for any program, project, or activity 

for which funds have been denied or restricted by this Act, 

unless prior approval is received from the Committees on 

Appropriations of the House of Representatives and the Senate; 

(4) restarts or resumes any program, project or activity 

for which funds are not provided in this Act, unless prior 

approval is received from the Committees on Appropriations 

of the House of Representatives and the Senate; 

(5) transfers funds in excess of the following limits, unless 

prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate: 

(A) 15 percent for any program, project or activity 

for which $2,000,000 or more is available at the beginning 

of the fiscal year; or 

(B) $300,000 for any program, project or activity for which less than $2,000,000 is available at the beginning 

of the fiscal year; 

(6) transfers more than $500,000 from either the Facilities 

Operation, Maintenance, and Rehabilitation category or the 

Resources Management and Development category to any program, project, or activity in the other category, unless prior 

approval is received from the Committees on Appropriations 

of the House of Representatives and the Senate; or 

(7) transfers, where necessary to discharge legal obligations 

of the Bureau of Reclamation, more than $5,000,000 to provide 

adequate funds for settled contractor claims, increased contractor earnings due to accelerated rates of operations, and 

real estate deficiency judgments, unless prior approval is 

received from the Committees on Appropriations of the House 

of Representatives and the Senate. 


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129 STAT. 2406 PUBLIC LAW 114–113—DEC. 18, 2015 

(b) Subsection (a)(5) shall not apply to any transfer of funds 

within the Facilities Operation, Maintenance, and Rehabilitation 

category. 

(c) For purposes of this section, the term transfer means any 

movement of funds into or out of a program, project, or activity. 

(d) The Bureau of Reclamation shall submit reports on a quarterly basis to the Committees on Appropriations of the House of 

Representatives and the Senate detailing all the funds 

reprogrammed between programs, projects, activities, or categories 

of funding. The first quarterly report shall be submitted not later 

than 60 days after the date of enactment of this Act. 

SEC. 202. (a) None of the funds appropriated or otherwise 

made available by this Act may be used to determine the final 

point of discharge for the interceptor drain for the San Luis Unit 

until development by the Secretary of the Interior and the State 

of California of a plan, which shall conform to the water quality 

standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any 

detrimental effect of the San Luis drainage waters. 

(b) The costs of the Kesterson Reservoir Cleanup Program 

and the costs of the San Joaquin Valley Drainage Program shall 

be classified by the Secretary of the Interior as reimbursable or 

nonreimbursable and collected until fully repaid pursuant to the 

‘‘Cleanup Program—Alternative Repayment Plan’’ and the 

‘‘SJVDP—Alternative Repayment Plan’’ described in the report entitled ‘‘Repayment Report, Kesterson Reservoir Cleanup Program 

and San Joaquin Valley Drainage Program, February 1995’’, prepared by the Department of the Interior, Bureau of Reclamation. 

Any future obligations of funds by the United States relating to, 

or providing for, drainage service or drainage studies for the San 

Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries 

of such service or studies pursuant to Federal reclamation law. 

SEC. 203. The Reclamation Safety of Dams Act of 1978 is 

amended by— 

(1) striking ‘‘Construction’’ and inserting ‘‘Except as provided in section 5B, construction’’ in section 3; and 

(2) inserting after section 5A (43 U.S.C. 509a) the following: 

‘‘SEC. 5B. Notwithstanding section 3, if the Secretary, in her 

judgment, determines that additional project benefits, including 

but not limited to additional conservation storage capacity, are 

necessary and in the interests of the United States and the project 

and are feasible and not inconsistent with the purposes of this 

Act, the Secretary is authorized to develop additional project benefits through the construction of new or supplementary works on 

a project in conjunction with the Secretary’s activities under section 

2 of this Act and subject to the conditions described in the feasibility 

study, provided a cost share agreement related to the additional 

project benefits is reached among non-Federal and Federal funding 

participants and the costs associated with developing the additional 

project benefits are allocated exclusively among beneficiaries of 

the additional project benefits and repaid consistent with all provisions of Federal Reclamation law (the Act of June 17, 1902, 43 

U.S.C. 371 et seq.) and acts supplemental to and amendatory of 

that Act.’’. 

SEC. 204. Section 5 of the Reclamation Safety of Dams Act 

of 1978 (43 U.S.C. 509) is amended in the first sentence— 

43 USC 509b. 

43 USC 507. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2407 

(a) by inserting ‘‘and effective October 1, 2015, not to exceed 

an additional $1,100,000,000 (October 1, 2003, price levels),’’ after 

‘‘(October 1, 2003, price levels),’’; 

(b) in the proviso— 

(1) by striking ‘‘$1,250,000’’ and inserting ‘‘$20,000,000’’; 

and 

(2) by striking ‘‘Congress’’ and inserting ‘‘Committee on 

Natural Resources of the House of Representatives and the 

Committee on Energy and Natural Resources of the Senate’’; 

and 

(3) by adding at the end the following: ‘‘For modification 

expenditures between $1,800,000 and $20,000,000 (October 1, 

2015, price levels), the Secretary of the Interior shall, at least 

30 days before the date on which the funds are expended, 

submit written notice of the expenditures to the Committee 

on Natural Resources of the House of Representatives and 

Committee on Energy and Natural Resources of the Senate 

that provides a summary of the project, the cost of the project, 

and any alternatives that were considered.’’. 

SEC. 205. The Secretary of the Interior, acting through the 

Commissioner of Reclamation, shall— 

(1) complete the feasibility studies described in clauses 

(i)(I) and (ii)(II) of section 103(d)(1)(A) of Public Law 108– 

361 (118 Stat. 1684) and submit such studies to the appropriate 

committees of the House of Representatives and the Senate 

not later than December 31, 2015; 

(2) complete the feasibility studies described in clauses 

(i)(II) and (ii)(I) of section 103(d)(1)(A) of Public Law 108– 

361 and submit such studies to the appropriate committees 

of the House of Representatives and the Senate not later than 

November 30, 2016; 

(3) complete the feasibility study described in section 

103(f)(1)(A) of Public Law 108–361 (118 Stat. 1694) and submit 

such study to the appropriate committees of the House of 

Representatives and the Senate not later than December 31, 

2017; and 

(4) provide a progress report on the status of the feasibility 

studies referred to in paragraphs (1) through (3) to the appropriate committees of the House of Representatives and the 

Senate not later than 90 days after the date of the enactment 

of this Act and each 180 days thereafter until December 31, 

2017, as applicable. The report shall include timelines for study 

completion, draft environmental impact statements, final 

environmental impact statements, and Records of Decision. 

SEC. 206. Section 9504(e) of the Secure Water Act of 2009 

(42 U.S.C. 10364(e)) is amended by striking ‘‘$300,000,000’’ and 

inserting ‘‘$350,000,000’’. 

SEC. 207. Title I of Public Law 108–361 (the Calfed BayDelta Authorization Act) (118 Stat. 1681), as amended by section 

210 of Public Law 111–85, is amended by striking ‘‘2016’’ each 

place it appears and inserting ‘‘2017’’. 


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129 STAT. 2408 PUBLIC LAW 114–113—DEC. 18, 2015 

TITLE III 

DEPARTMENT OF ENERGY 

ENERGY PROGRAMS 

ENERGY EFFICIENCY AND RENEWABLE ENERGY

(INCLUDING TRANSFER OF FUNDS)

For Department of Energy expenses including the purchase, 

construction, and acquisition of plant and capital equipment, and 

other expenses necessary for energy efficiency and renewable energy 

activities in carrying out the purposes of the Department of Energy 

Organization Act (42 U.S.C. 7101 et seq.), including the acquisition 

or condemnation of any real property or any facility or for plant 

or facility acquisition, construction, or expansion, $2,073,000,000, 

to remain available until expended: Provided, That of such amount, 

$155,000,000 shall be available until September 30, 2017, for program direction: Provided further, That of the amount provided 

under this heading, the Secretary may transfer up to $45,000,000 

to the Defense Production Act Fund for activities of the Department 

of Energy pursuant to the Defense Production Act of 1950 (50 

U.S.C. App. 2061, et seq.). 

ELECTRICITY DELIVERY AND ENERGY RELIABILITY

For Department of Energy expenses including the purchase, 

construction, and acquisition of plant and capital equipment, and 

other expenses necessary for electricity delivery and energy reliability activities in carrying out the purposes of the Department 

of Energy Organization Act (42 U.S.C. 7101 et seq.), including 

the acquisition or condemnation of any real property or any facility 

or for plant or facility acquisition, construction, or expansion, 

$206,000,000, to remain available until expended: Provided, That 

of such amount, $28,000,000 shall be available until September 

30, 2017, for program direction. 

NUCLEAR ENERGY

For Department of Energy expenses including the purchase, 

construction, and acquisition of plant and capital equipment, and 

other expenses necessary for nuclear energy activities in carrying 

out the purposes of the Department of Energy Organization Act 

(42 U.S.C. 7101 et seq.), including the acquisition or condemnation 

of any real property or any facility or for plant or facility acquisition, 

construction, or expansion, $986,161,000, to remain available until 

expended: Provided, That of such amount, $80,000,000 shall be 

available until September 30, 2017, for program direction including 

official reception and representation expenses not to exceed $10,000. 

FOSSIL ENERGY RESEARCH AND DEVELOPMENT

For Department of Energy expenses necessary in carrying out 

fossil energy research and development activities, under the 

authority of the Department of Energy Organization Act (42 U.S.C. 

7101 et seq.), including the acquisition of interest, including defeasible and equitable interests in any real property or any facility 


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or for plant or facility acquisition or expansion, and for conducting 

inquiries, technological investigations and research concerning the 

extraction, processing, use, and disposal of mineral substances without objectionable social and environmental costs (30 U.S.C. 3, 1602, 

and 1603), $632,000,000, to remain available until expended: Provided, That of such amount $114,202,000 shall be available until 

September 30, 2017, for program direction. 

NAVAL PETROLEUM AND OIL SHALE RESERVES

For Department of Energy expenses necessary to carry out naval petroleum and oil shale reserve activities, $17,500,000, to 

remain available until expended: Provided, That notwithstanding 

any other provision of law, unobligated funds remaining from prior 

years shall be available for all naval petroleum and oil shale reserve 

activities. 

STRATEGIC PETROLEUM RESERVE

For Department of Energy expenses necessary for Strategic 

Petroleum Reserve facility development and operations and program 

management activities pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.), $212,000,000, to remain available 

until expended. 

NORTHEAST HOME HEATING OIL RESERVE

For Department of Energy expenses necessary for Northeast 

Home Heating Oil Reserve storage, operation, and management 

activities pursuant to the Energy Policy and Conservation Act (42 

U.S.C. 6201 et seq.), $7,600,000, to remain available until expended. 

ENERGY INFORMATION ADMINISTRATION

For Department of Energy expenses necessary in carrying out 

the activities of the Energy Information Administration, 

$122,000,000, to remain available until expended. 

NON-DEFENSE ENVIRONMENTAL CLEANUP

For Department of Energy expenses, including the purchase, 

construction, and acquisition of plant and capital equipment and 

other expenses necessary for non-defense environmental cleanup 

activities in carrying out the purposes of the Department of Energy 

Organization Act (42 U.S.C. 7101 et seq.), including the acquisition 

or condemnation of any real property or any facility or for plant 

or facility acquisition, construction, or expansion, $255,000,000, to 

remain available until expended. 

URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING

FUND

For Department of Energy expenses necessary in carrying out 

uranium enrichment facility decontamination and decommissioning, 

remedial actions, and other activities of title II of the Atomic Energy 

Act of 1954, and title X, subtitle A, of the Energy Policy Act 

of 1992, $673,749,000, to be derived from the Uranium Enrichment 

Decontamination and Decommissioning Fund, to remain available 


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129 STAT. 2410 PUBLIC LAW 114–113—DEC. 18, 2015 

until expended, of which $32,959,000 shall be available in accordance with title X, subtitle A, of the Energy Policy Act of 1992. 

SCIENCE

For Department of Energy expenses including the purchase, 

construction, and acquisition of plant and capital equipment, and 

other expenses necessary for science activities in carrying out the 

purposes of the Department of Energy Organization Act (42 U.S.C. 

7101 et seq.), including the acquisition or condemnation of any 

real property or facility or for plant or facility acquisition, construction, or expansion, and purchase of not more than 17 passenger 

motor vehicles for replacement only, including one ambulance and 

one bus, $5,350,200,000, to remain available until expended: Provided, That of such amount, $185,000,000 shall be available until 

September 30, 2017, for program direction: Provided further, That 

of such amount, not more than $115,000,000 shall be made available 

for the in-kind contributions and related support activities of ITER: 

Provided further, That not later than May 2, 2016, the Secretary 

of Energy shall submit to the Committees on Appropriations of 

both Houses of Congress a report recommending either that the 

United States remain a partner in the ITER project after October 

2017 or terminate participation, which shall include, as applicable, 

an estimate of either the full cost, by fiscal year, of all future 

Federal funding requirements for construction, operation, and 

maintenance of ITER or the cost of termination. 

ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

For Department of Energy expenses necessary in carrying out 

the activities authorized by section 5012 of the America COMPETES 

Act (Public Law 110–69), $291,000,000, to remain available until 

expended: Provided, That of such amount, $29,250,000 shall be 

available until September 30, 2017, for program direction. 

TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE PROGRAM

Such sums as are derived from amounts received from borrowers pursuant to section 1702(b) of the Energy Policy Act of 

2005 under this heading in prior Acts, shall be collected in accordance with section 502(7) of the Congressional Budget Act of 1974: 

Provided, That for necessary administrative expenses to carry out 

this Loan Guarantee program, $42,000,000 is appropriated, to 

remain available until September 30, 2017: Provided further, That 

$25,000,000 of the fees collected pursuant to section 1702(h) of 

the Energy Policy Act of 2005 shall be credited as offsetting collections to this account to cover administrative expenses and shall 

remain available until expended, so as to result in a final fiscal 

year 2016 appropriation from the general fund estimated at not 

more than $17,000,000: Provided further, That fees collected under 

section 1702(h) in excess of the amount appropriated for administrative expenses shall not be available until appropriated: Provided 

further, That the Department of Energy shall not subordinate any 

loan obligation to other financing in violation of section 1702 of 

the Energy Policy Act of 2005 or subordinate any Guaranteed 

Obligation to any loan or other debt obligations in violation of 

section 609.10 of title 10, Code of Federal Regulations. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2411 

ADVANCED TECHNOLOGY VEHICLES MANUFACTURING LOAN

PROGRAM

For Department of Energy administrative expenses necessary 

in carrying out the Advanced Technology Vehicles Manufacturing 

Loan Program, $6,000,000, to remain available until September 

30, 2017. 

DEPARTMENTAL ADMINISTRATION

For salaries and expenses of the Department of Energy necessary for departmental administration in carrying out the purposes 

of the Department of Energy Organization Act (42 U.S.C. 7101 

et seq.), $248,142,000, to remain available until September 30, 

2017, including the hire of passenger motor vehicles and official 

reception and representation expenses not to exceed $30,000, plus 

such additional amounts as necessary to cover increases in the 

estimated amount of cost of work for others notwithstanding the 

provisions of the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work are offset by revenue 

increases of the same or greater amount: Provided further, That 

moneys received by the Department for miscellaneous revenues 

estimated to total $117,171,000 in fiscal year 2016 may be retained 

and used for operating expenses within this account, as authorized 

by section 201 of Public Law 95–238, notwithstanding the provisions 

of 31 U.S.C. 3302: Provided further, That the sum herein appropriated shall be reduced as collections are received during the 

fiscal year so as to result in a final fiscal year 2016 appropriation 

from the general fund estimated at not more than $130,971,000: 

Provided further, That of the total amount made available under 

this heading, $31,297,000 is for Energy Policy and Systems Analysis. 

OFFICE OF THE INSPECTOR GENERAL

For expenses necessary for the Office of the Inspector General 

in carrying out the provisions of the Inspector General Act of 

1978, $46,424,000, to remain available until September 30, 2017. 

ATOMIC ENERGY DEFENSE ACTIVITIES 

NATIONAL NUCLEAR SECURITY ADMINISTRATION 

WEAPONS ACTIVITIES

For Department of Energy expenses, including the purchase, 

construction, and acquisition of plant and capital equipment and 

other incidental expenses necessary for atomic energy defense 

weapons activities in carrying out the purposes of the Department 

of Energy Organization Act (42 U.S.C. 7101 et seq.), including 

the acquisition or condemnation of any real property or any facility 

or for plant or facility acquisition, construction, or expansion, 

$8,846,948,000, to remain available until expended: Provided, That 

of such amount, $97,118,000 shall be available until September 

30, 2017, for program direction: Provided further, That funding 

made available under this heading may be made available for 

project engineering and design for the Albuquerque Complex 

Project. 


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129 STAT. 2412 PUBLIC LAW 114–113—DEC. 18, 2015 

DEFENSE NUCLEAR NONPROLIFERATION

For Department of Energy expenses, including the purchase, 

construction, and acquisition of plant and capital equipment and 

other incidental expenses necessary for defense nuclear nonproliferation activities, in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including 

the acquisition or condemnation of any real property or any facility 

or for plant or facility acquisition, construction, or expansion, 

$1,940,302,000, to remain available until expended. 

NAVAL REACTORS

For Department of Energy expenses necessary for naval reactors activities to carry out the Department of Energy Organization 

Act (42 U.S.C. 7101 et seq.), including the acquisition (by purchase, 

condemnation, construction, or otherwise) of real property, plant, 

and capital equipment, facilities, and facility expansion, 

$1,375,496,000, to remain available until expended: Provided, That 

of such amount, $42,504,000 shall be available until September 

30, 2017, for program direction. 

FEDERAL SALARIES AND EXPENSES

(INCLUDING RESCISSION OF FUNDS)

For expenses necessary for Federal Salaries and Expenses in 

the National Nuclear Security Administration, $383,666,000, to 

remain available until September 30, 2017, including official reception and representation expenses not to exceed $12,000: Provided, 

That of the unobligated balances from prior year appropriations 

available under this heading, $19,900,000 is hereby rescinded: Provided further, That no amounts may be rescinded from amounts 

that were designated by the Congress as an emergency requirement 

pursuant to a concurrent resolution on the budget or the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES 

DEFENSE ENVIRONMENTAL CLEANUP

For Department of Energy expenses, including the purchase, 

construction, and acquisition of plant and capital equipment and 

other expenses necessary for atomic energy defense environmental 

cleanup activities in carrying out the purposes of the Department 

of Energy Organization Act (42 U.S.C. 7101 et seq.), including 

the acquisition or condemnation of any real property or any facility 

or for plant or facility acquisition, construction, or expansion, and 

the purchase of not to exceed one fire apparatus pumper truck 

and one armored vehicle for replacement only, $5,289,742,000, to 

remain available until expended: Provided, That of such amount 

$281,951,000 shall be available until September 30, 2017, for program direction. 

OTHER DEFENSE ACTIVITIES

For Department of Energy expenses, including the purchase, 

construction, and acquisition of plant and capital equipment and 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2413 

other expenses, necessary for atomic energy defense, other defense 

activities, and classified activities, in carrying out the purposes 

of the Department of Energy Organization Act (42 U.S.C. 7101 

et seq.), including the acquisition or condemnation of any real 

property or any facility or for plant or facility acquisition, construction, or expansion, $776,425,000, to remain available until 

expended: Provided, That of such amount, $249,137,000 shall be 

available until September 30, 2017, for program direction. 

POWER MARKETING ADMINISTRATIONS 

BONNEVILLE POWER ADMINISTRATION FUND

Expenditures from the Bonneville Power Administration Fund, 

established pursuant to Public Law 93–454, are approved for the 

Shoshone Paiute Trout Hatchery, the Spokane Tribal Hatchery, 

the Snake River Sockeye Weirs and, in addition, for official reception 

and representation expenses in an amount not to exceed $5,000: 

Provided, That during fiscal year 2016, no new direct loan obligations may be made. 

OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

ADMINISTRATION

For expenses necessary for operation and maintenance of power 

transmission facilities and for marketing electric power and energy, 

including transmission wheeling and ancillary services, pursuant 

to section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), 

as applied to the southeastern power area, $6,900,000, including 

official reception and representation expenses in an amount not 

to exceed $1,500, to remain available until expended: Provided, 

That notwithstanding 31 U.S.C. 3302 and section 5 of the Flood 

Control Act of 1944, up to $6,900,000 collected by the Southeastern 

Power Administration from the sale of power and related services 

shall be credited to this account as discretionary offsetting collections, to remain available until expended for the sole purpose of 

funding the annual expenses of the Southeastern Power Administration: Provided further, That the sum herein appropriated for annual 

expenses shall be reduced as collections are received during the 

fiscal year so as to result in a final fiscal year 2016 appropriation 

estimated at not more than $0: Provided further, That notwithstanding 31 U.S.C. 3302, up to $66,500,000 collected by the Southeastern Power Administration pursuant to the Flood Control Act 

of 1944 to recover purchase power and wheeling expenses shall 

be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power 

and wheeling expenditures: Provided further, That for purposes 

of this appropriation, annual expenses means expenditures that 

are generally recovered in the same year that they are incurred 

(excluding purchase power and wheeling expenses). 

OPERATION AND MAINTENANCE, SOUTHWESTERN POWER

ADMINISTRATION

For expenses necessary for operation and maintenance of power 

transmission facilities and for marketing electric power and energy, 

for construction and acquisition of transmission lines, substations 

and appurtenant facilities, and for administrative expenses, 


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129 STAT. 2414 PUBLIC LAW 114–113—DEC. 18, 2015 

including official reception and representation expenses in an 

amount not to exceed $1,500 in carrying out section 5 of the Flood 

Control Act of 1944 (16 U.S.C. 825s), as applied to the Southwestern 

Power Administration, $47,361,000, to remain available until 

expended: Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), up to 

$35,961,000 collected by the Southwestern Power Administration 

from the sale of power and related services shall be credited to 

this account as discretionary offsetting collections, to remain available until expended, for the sole purpose of funding the annual 

expenses of the Southwestern Power Administration: Provided further, That the sum herein appropriated for annual expenses shall 

be reduced as collections are received during the fiscal year so 

as to result in a final fiscal year 2016 appropriation estimated 

at not more than $11,400,000: Provided further, That notwithstanding 31 U.S.C. 3302, up to $63,000,000 collected by the Southwestern Power Administration pursuant to the Flood Control Act 

of 1944 to recover purchase power and wheeling expenses shall 

be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power 

and wheeling expenditures: Provided further, That for purposes 

of this appropriation, annual expenses means expenditures that 

are generally recovered in the same year that they are incurred 

(excluding purchase power and wheeling expenses). 

CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE, 

WESTERN AREA POWER ADMINISTRATION

For carrying out the functions authorized by title III, section 

302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and 

other related activities including conservation and renewable 

resources programs as authorized, $307,714,000, including official 

reception and representation expenses in an amount not to exceed 

$1,500, to remain available until expended, of which $302,000,000 

shall be derived from the Department of the Interior Reclamation 

Fund: Provided, That notwithstanding 31 U.S.C. 3302, section 5 

of the Flood Control Act of 1944 (16 U.S.C. 825s), and section 

1 of the Interior Department Appropriation Act, 1939 (43 U.S.C. 

392a), up to $214,342,000 collected by the Western Area Power 

Administration from the sale of power and related services shall 

be credited to this account as discretionary offsetting collections, 

to remain available until expended, for the sole purpose of funding 

the annual expenses of the Western Area Power Administration: 

Provided further, That the sum herein appropriated for annual 

expenses shall be reduced as collections are received during the 

fiscal year so as to result in a final fiscal year 2016 appropriation 

estimated at not more than $93,372,000, of which $87,658,000 is 

derived from the Reclamation Fund: Provided further, That notwithstanding 31 U.S.C. 3302, up to $352,813,000 collected by the 

Western Area Power Administration pursuant to the Flood Control 

Act of 1944 and the Reclamation Project Act of 1939 to recover 

purchase power and wheeling expenses shall be credited to this 

account as offsetting collections, to remain available until expended 

for the sole purpose of making purchase power and wheeling 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2415 

expenditures: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred (excluding purchase 

power and wheeling expenses). 

FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND

For operation, maintenance, and emergency costs for the hydro- electric facilities at the Falcon and Amistad Dams, $4,490,000, 

to remain available until expended, and to be derived from the 

Falcon and Amistad Operating and Maintenance Fund of the 

Western Area Power Administration, as provided in section 2 of 

the Act of June 18, 1954 (68 Stat. 255): Provided, That notwithstanding the provisions of that Act and of 31 U.S.C. 3302, up 

to $4,262,000 collected by the Western Area Power Administration 

from the sale of power and related services from the Falcon and 

Amistad Dams shall be credited to this account as discretionary 

offsetting collections, to remain available until expended for the 

sole purpose of funding the annual expenses of the hydroelectric 

facilities of these Dams and associated Western Area Power 

Administration activities: Provided further, That the sum herein 

appropriated for annual expenses shall be reduced as collections 

are received during the fiscal year so as to result in a final fiscal 

year 2016 appropriation estimated at not more than $228,000: 

Provided further, That for purposes of this appropriation, annual 

expenses means expenditures that are generally recovered in the 

same year that they are incurred: Provided further, That for fiscal 

year 2016, the Administrator of the Western Area Power Administration may accept up to $460,000 in funds contributed by United 

States power customers of the Falcon and Amistad Dams for deposit 

into the Falcon and Amistad Operating and Maintenance Fund, 

and such funds shall be available for the purpose for which contributed in like manner as if said sums had been specifically appropriated for such purpose: Provided further, That any such funds 

shall be available without further appropriation and without fiscal 

year limitation for use by the Commissioner of the United States 

Section of the International Boundary and Water Commission for 

the sole purpose of operating, maintaining, repairing, rehabilitating, 

replacing, or upgrading the hydroelectric facilities at these Dams 

in accordance with agreements reached between the Administrator, 

Commissioner, and the power customers. 

FEDERAL ENERGY REGULATORY COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Federal Energy Regulatory 

Commission to carry out the provisions of the Department of Energy 

Organization Act (42 U.S.C. 7101 et seq.), including services as 

authorized by 5 U.S.C. 3109, official reception and representation 

expenses not to exceed $3,000, and the hire of passenger motor 

vehicles, $319,800,000, to remain available until expended: Provided, That notwithstanding any other provision of law, not to 

exceed $319,800,000 of revenues from fees and annual charges, 

and other services and collections in fiscal year 2016 shall be 

retained and used for expenses necessary in this account, and 

shall remain available until expended: Provided further, That the 

sum herein appropriated from the general fund shall be reduced 

42 USC 7171 

note. 


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129 STAT. 2416 PUBLIC LAW 114–113—DEC. 18, 2015 

as revenues are received during fiscal year 2016 so as to result 

in a final fiscal year 2016 appropriation from the general fund 

estimated at not more than $0. 

GENERAL PROVISIONS—DEPARTMENT OF ENERGY 

(INCLUDING TRANSFER AND RESCISSIONS OF FUNDS)

SEC. 301. (a) No appropriation, funds, or authority made available by this title for the Department of Energy shall be used 

to initiate or resume any program, project, or activity or to prepare 

or initiate Requests For Proposals or similar arrangements 

(including Requests for Quotations, Requests for Information, and 

Funding Opportunity Announcements) for a program, project, or 

activity if the program, project, or activity has not been funded 

by Congress. 

(b)(1) Unless the Secretary of Energy notifies the Committees 

on Appropriations of both Houses of Congress at least 3 full business 

days in advance, none of the funds made available in this title 

may be used to— 

(A) make a grant allocation or discretionary grant award 

totaling $1,000,000 or more; 

(B) make a discretionary contract award or Other Transaction Agreement totaling $1,000,000 or more, including a contract covered by the Federal Acquisition Regulation; 

(C) issue a letter of intent to make an allocation, award, 

or Agreement in excess of the limits in subparagraph (A) or 

(B); or 

(D) announce publicly the intention to make an allocation, 

award, or Agreement in excess of the limits in subparagraph 

(A) or (B). 

(2) The Secretary of Energy shall submit to the Committees 

on Appropriations of both Houses of Congress within 15 days of 

the conclusion of each quarter a report detailing each grant allocation or discretionary grant award totaling less than $1,000,000 

provided during the previous quarter. 

(3) The notification required by paragraph (1) and the report 

required by paragraph (2) shall include the recipient of the award, 

the amount of the award, the fiscal year for which the funds 

for the award were appropriated, the account and program, project, 

or activity from which the funds are being drawn, the title of 

the award, and a brief description of the activity for which the 

award is made. 

(c) The Department of Energy may not, with respect to any 

program, project, or activity that uses budget authority made available in this title under the heading ‘‘Department of Energy—Energy 

Programs’’, enter into a multiyear contract, award a multiyear 

grant, or enter into a multiyear cooperative agreement unless— 

(1) the contract, grant, or cooperative agreement is funded 

for the full period of performance as anticipated at the time 

of award; or 

(2) the contract, grant, or cooperative agreement includes 

a clause conditioning the Federal Government’s obligation on 

the availability of future year budget authority and the Secretary notifies the Committees on Appropriations of both 

Houses of Congress at least 3 days in advance. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2417 

(d) Except as provided in subsections (e), (f), and (g), the 

amounts made available by this title shall be expended as authorized by law for the programs, projects, and activities specified 

in the ‘‘Final Bill’’ column in the ‘‘Department of Energy’’ table 

included under the heading ‘‘Title III—Department of Energy’’ in 

the explanatory statement described in section 4 (in the matter 

preceding division A of this consolidated Act). 

(e) The amounts made available by this title may be 

reprogrammed for any program, project, or activity, and the Department shall notify the Committees on Appropriations of both Houses 

of Congress at least 30 days prior to the use of any proposed 

reprogramming that would cause any program, project, or activity 

funding level to increase or decrease by more than $5,000,000 

or 10 percent, whichever is less, during the time period covered 

by this Act. 

(f) None of the funds provided in this title shall be available 

for obligation or expenditure through a reprogramming of funds 

that— 

(1) creates, initiates, or eliminates a program, project, or 

activity; 

(2) increases funds or personnel for any program, project, 

or activity for which funds are denied or restricted by this 

Act; or 

(3) reduces funds that are directed to be used for a specific 

program, project, or activity by this Act. 

(g)(1) The Secretary of Energy may waive any requirement 

or restriction in this section that applies to the use of funds made 

available for the Department of Energy if compliance with such 

requirement or restriction would pose a substantial risk to human 

health, the environment, welfare, or national security. 

(2) The Secretary of Energy shall notify the Committees on 

Appropriations of both Houses of Congress of any waiver under 

paragraph (1) as soon as practicable, but not later than 3 days 

after the date of the activity to which a requirement or restriction 

would otherwise have applied. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted 

such waiver. 

SEC. 302. The unexpended balances of prior appropriations 

provided for activities in this Act may be available to the same 

appropriation accounts for such activities established pursuant to 

this title. Available balances may be merged with funds in the 

applicable established accounts and thereafter may be accounted 

for as one fund for the same time period as originally enacted. 

SEC. 303. Funds appropriated by this or any other Act, or 

made available by the transfer of funds in this Act, for intelligence 

activities are deemed to be specifically authorized by the Congress 

for purposes of section 504 of the National Security Act of 1947 

(50 U.S.C. 3094) during fiscal year 2016 until the enactment of 

the Intelligence Authorization Act for fiscal year 2016. 

SEC. 304. None of the funds made available in this title shall 

be used for the construction of facilities classified as high-hazard 

nuclear facilities under 10 CFR Part 830 unless independent oversight is conducted by the Office of Independent Enterprise Assessments to ensure the project is in compliance with nuclear safety 

requirements. 

SEC. 305. None of the funds made available in this title may 

be used to approve critical decision-2 or critical decision-3 under 


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129 STAT. 2418 PUBLIC LAW 114–113—DEC. 18, 2015 

Department of Energy Order 413.3B, or any successive departmental guidance, for construction projects where the total project 

cost exceeds $100,000,000, until a separate independent cost estimate has been developed for the project for that critical decision. 

SEC. 306. Notwithstanding section 301(c) of this Act, none 

of the funds made available under the heading ‘‘Department of 

Energy—Energy Programs—Science’’ in this or any subsequent 

Energy and Water Development and Related Agencies appropriations Act for any fiscal year may be used for a multiyear contract, 

grant, cooperative agreement, or Other Transaction Agreement of 

$1,000,000 or less unless the contract, grant, cooperative agreement, 

or Other Transaction Agreement is funded for the full period of 

performance as anticipated at the time of award. 

SEC. 307. (a) None of the funds made available in this or 

any prior Act under the heading ‘‘Defense Nuclear Nonproliferation’’ 

may be made available to enter into new contracts with, or new 

agreements for Federal assistance to, the Russian Federation. 

(b) The Secretary of Energy may waive the prohibition in subsection (a) if the Secretary determines that such activity is in 

the national security interests of the United States. This waiver 

authority may not be delegated. 

(c) A waiver under subsection (b) shall not be effective until 

15 days after the date on which the Secretary submits to the 

Committees on Appropriations of both Houses of Congress, in classified form if necessary, a report on the justification for the waiver. 

SEC. 308. (a) NEW REGIONAL RESERVES.—The Secretary of 

Energy may not establish any new regional petroleum product 

reserve unless funding for the proposed regional petroleum product 

reserve is explicitly requested in advance in an annual budget 

submission and approved by the Congress in an appropriations 

Act. 

(b) The budget request or notification shall include— 

(1) the justification for the new reserve; 

(2) a cost estimate for the establishment, operation, and 

maintenance of the reserve, including funding sources; 

(3) a detailed plan for operation of the reserve, including 

the conditions upon which the products may be released; 

(4) the location of the reserve; and 

(5) the estimate of the total inventory of the reserve. 

SEC. 309. Of the amounts made available by this Act for 

‘‘National Nuclear Security Administration—Weapons Activities’’, 

up to $50,000,000 may be reprogrammed within such account for 

Domestic Uranium Enrichment, subject to the notice requirement 

in section 301(e). 

SEC. 310. (a) Unobligated balances available from appropriations are hereby rescinded from the following accounts of the 

Department of Energy in the specified amounts: 

(1) ‘‘Energy Programs—Energy Efficiency and Renewable 

Energy’’, $1,355,149.00 from Public Law 110–161; $627,299.24 from 

Public Law 111–8; and $1,824,051.94 from Public Law 111–85. 

(2) ‘‘Energy Programs—Science’’, $3,200,000.00. 

(b) No amounts may be rescinded by this section from amounts 

that were designated by the Congress as an emergency requirement 

pursuant to a concurrent resolution on the budget or the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

SEC. 311. Notwithstanding any other provision of law, the 

provisions of 40 U.S.C. 11319 shall not apply to funds appropriated 

42 USC 7278a. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2419 

in this title to Federally Funded Research and Development Centers 

sponsored by the Department of Energy. 

SEC. 312. None of the funds made available in this Act may 

be used— 

(1) to implement or enforce section 430.32(x) of title 10, 

Code of Federal Regulations; or 

(2) to implement or enforce the standards established by 

the tables contained in section 325(i)(1)(B) of the Energy Policy 

and Conservation Act (42 U.S.C. 6295(i)(1)(B)) with respect 

to BPAR incandescent reflector lamps, BR incandescent 

reflector lamps, and ER incandescent reflector lamps. 

SEC. 313. (a) Of the funds appropriated in prior Acts under 

the headings ‘‘Fossil Energy Research and Development’’ and ‘‘Clean 

Coal Technology’’ for prior solicitations under the Clean Coal Power 

Initiative and FutureGen, not less than $160,000,000 from projects 

selected under such solicitations that have not reached financial 

close and have not secured funding sufficient to construct the project 

prior to 30 days after the date of enactment of this Act shall 

be deobligated, if necessary, shall be utilized for previously selected 

demonstration projects under such solicitations that have reached 

financial close or have otherwise secured funding sufficient to construct the project prior to 30 days after the date of enactment 

of this Act, and shall be allocated among such projects in proportion 

to the total financial contribution by the recipients to those projects 

stipulated in their respective cooperative agreements. 

(b) Funds utilized pursuant to subsection (a) shall be administered in accordance with the provisions in the Act in which the 

funds for those demonstration projects were originally appropriated, 

except that financial assistance for costs in excess of those estimated 

as of the date of award of the original financial assistance may 

be provided in excess of the proportion of costs borne by the Government in the original agreement and shall not be limited to 25 

percent of the original financial assistance. 

(c) No amounts may be repurposed pursuant to this section 

from amounts that were designated by the Congress as an emergency requirement pursuant to a concurrent resolution on the 

budget or the Balanced Budget and Emergency Deficit Control 

Act of 1985. 

(d) This section shall be fully implemented not later than 

60 days after the date of enactment of this Act. 

TITLE IV 

INDEPENDENT AGENCIES 

APPALACHIAN REGIONAL COMMISSION

For expenses necessary to carry out the programs authorized 

by the Appalachian Regional Development Act of 1965, notwithstanding 40 U.S.C. 14704, and for expenses necessary for the Federal Co-Chairman and the Alternate on the Appalachian Regional 

Commission, for payment of the Federal share of the administrative 

expenses of the Commission, including services as authorized by 

5 U.S.C. 3109, and hire of passenger motor vehicles, $146,000,000, 

to remain available until expended. 


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129 STAT. 2420 PUBLIC LAW 114–113—DEC. 18, 2015 

DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SALARIES AND EXPENSES

For expenses necessary for the Defense Nuclear Facilities 

Safety Board in carrying out activities authorized by the Atomic 

Energy Act of 1954, as amended by Public Law 100–456, section 

1441, $29,150,000, to remain available until September 30, 2017. 

DELTA REGIONAL AUTHORITY

SALARIES AND EXPENSES

For expenses necessary for the Delta Regional Authority and 

to carry out its activities, as authorized by the Delta Regional 

Authority Act of 2000, notwithstanding sections 382C(b)(2), 382F(d), 

382M, and 382N of said Act, $25,000,000, to remain available 

until expended. 

DENALI COMMISSION

For expenses necessary for the Denali Commission including 

the purchase, construction, and acquisition of plant and capital 

equipment as necessary and other expenses, $11,000,000, to remain 

available until expended, notwithstanding the limitations contained 

in section 306(g) of the Denali Commission Act of 1998: Provided, That funds shall be available for construction projects in an amount 

not to exceed 80 percent of total project cost for distressed communities, as defined by section 307 of the Denali Commission Act 

of 1998 (division C, title III, Public Law 105–277), as amended 

by section 701 of appendix D, title VII, Public Law 106–113 (113 

Stat. 1501A–280), and an amount not to exceed 50 percent for 

non-distressed communities. 

NORTHERN BORDER REGIONAL COMMISSION

For expenses necessary for the Northern Border Regional 

Commission in carrying out activities authorized by subtitle V 

of title 40, United States Code, $7,500,000, to remain available 

until expended: Provided, That such amounts shall be available 

for administrative expenses, notwithstanding section 15751(b) of 

title 40, United States Code. 

SOUTHEAST CRESCENT REGIONAL COMMISSION

For expenses necessary for the Southeast Crescent Regional 

Commission in carrying out activities authorized by subtitle V 

of title 40, United States Code, $250,000, to remain available until 

expended. 

NUCLEAR REGULATORY COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Commission in carrying out 

the purposes of the Energy Reorganization Act of 1974 and the 

Atomic Energy Act of 1954, $990,000,000, including official representation expenses not to exceed $25,000, to remain available 

until expended: Provided, That of the amount appropriated herein, 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2421 

not more than $7,500,000 may be made available for salaries, 

travel, and other support costs for the Office of the Commission, 

to remain available until September 30, 2017, of which, notwithstanding section 201(a)(2)(c) of the Energy Reorganization Act of 

1974 (42 U.S.C. 5841(a)(2)(c)), the use and expenditure shall only 

be approved by a majority vote of the Commission: Provided further, That revenues from licensing fees, inspection services, and other 

services and collections estimated at $872,864,000 in fiscal year 

2016 shall be retained and used for necessary salaries and expenses 

in this account, notwithstanding 31 U.S.C. 3302, and shall remain 

available until expended: Provided further, That the sum herein 

appropriated shall be reduced by the amount of revenues received 

during fiscal year 2016 so as to result in a final fiscal year 2016 

appropriation estimated at not more than $117,136,000: Provided 

further, That of the amounts appropriated under this heading, 

$10,000,000 shall be for university research and development in 

areas relevant to their respective organization’s mission, and 

$5,000,000 shall be for a Nuclear Science and Engineering Grant 

Program that will support multiyear projects that do not align 

with programmatic missions but are critical to maintaining the 

discipline of nuclear science and engineering. 

OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General 

in carrying out the provisions of the Inspector General Act of 

1978, $12,136,000, to remain available until September 30, 2017: 

Provided, That revenues from licensing fees, inspection services, 

and other services and collections estimated at $10,060,000 in fiscal 

year 2016 shall be retained and be available until September 30, 

2017, for necessary salaries and expenses in this account, notwithstanding section 3302 of title 31, United States Code: Provided 

further, That the sum herein appropriated shall be reduced by 

the amount of revenues received during fiscal year 2016 so as 

to result in a final fiscal year 2016 appropriation estimated at 

not more than $2,076,000: Provided further, That of the amounts 

appropriated under this heading, $958,000 shall be for Inspector 

General services for the Defense Nuclear Facilities Safety Board, 

which shall not be available from fee revenues. 

NUCLEAR WASTE TECHNICAL REVIEW BOARD

SALARIES AND EXPENSES

For expenses necessary for the Nuclear Waste Technical Review 

Board, as authorized by Public Law 100–203, section 5051, 

$3,600,000, to be derived from the Nuclear Waste Fund, to remain 

available until September 30, 2017. 

GENERAL PROVISIONS—INDEPENDENT AGENCIES 

SEC. 401. The Nuclear Regulatory Commission shall comply 

with the July 5, 2011, version of Chapter VI of its Internal Commission Procedures when responding to Congressional requests for 

information. 

SEC. 402. (a) The amounts made available by this title for 

the Nuclear Regulatory Commission may be reprogrammed for any 

program, project, or activity, and the Commission shall notify the 


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129 STAT. 2422 PUBLIC LAW 114–113—DEC. 18, 2015 

Committees on Appropriations of both Houses of Congress at least 

30 days prior to the use of any proposed reprogramming that 

would cause any program funding level to increase or decrease 

by more than $500,000 or 10 percent, whichever is less, during 

the time period covered by this Act. 

(b)(1) The Nuclear Regulatory Commission may waive the 

notification requirement in (a) if compliance with such requirement 

would pose a substantial risk to human health, the environment, 

welfare, or national security. 

(2) The Nuclear Regulatory Commission shall notify the 

Committees on Appropriations of both Houses of Congress of any 

waiver under paragraph (1) as soon as practicable, but not later 

than 3 days after the date of the activity to which a requirement 

or restriction would otherwise have applied. Such notice shall 

include an explanation of the substantial risk under paragraph 

(1) that permitted such waiver and shall provide a detailed report 

to the Committees of such waiver and changes to funding levels 

to programs, projects, or activities. 

(c) Except as provided in subsections (a), (b), and (d), the 

amounts made available by this title for ‘‘Nuclear Regulatory 

Commission—Salaries and Expenses’’ shall be expended as directed 

in the explanatory statement described in section 4 (in the matter 

preceding division A of this consolidated Act). 

(d) None of the funds provided for the Nuclear Regulatory 

Commission shall be available for obligation or expenditure through 

a reprogramming of funds that increases funds or personnel for 

any program, project, or activity for which funds are denied or 

restricted by this Act. 

(e) The Commission shall provide a monthly report to the 

Committees on Appropriations of both Houses of Congress, which 

includes the following for each program, project, or activity, 

including any prior year appropriations— 

(1) total budget authority; 

(2) total unobligated balances; and 

(3) total unliquidated obligations. 

SEC. 403. Public Law 105–277, division A, section 101(g) (title 

III, section 329(a), (b)) is amended by inserting, in subsection (b), 

after ‘‘State law’’ and before the period the following: ‘‘or for the 

construction and repair of barge mooring points and barge landing 

sites to facilitate pumping fuel from fuel transport barges into 

bulk fuel storage tanks.’’. 

TITLE V 

GENERAL PROVISIONS 

SEC. 501. None of the funds appropriated by this Act may 

be used in any way, directly or indirectly, to influence congressional 

action on any legislation or appropriation matters pending before 

Congress, other than to communicate to Members of Congress as 

described in 18 U.S.C. 1913. 

SEC. 502. (a) None of the funds made available in title III 

of this Act may be transferred to any department, agency, or 

instrumentality of the United States Government, except pursuant 

to a transfer made by or transfer authority provided in this Act 

or any other appropriations Act for any fiscal year, transfer 

43 USC 1653 

note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2423 

authority referenced in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated 

Act), or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality. 

(b) None of the funds made available for any department, 

agency, or instrumentality of the United States Government may 

be transferred to accounts funded in title III of this Act, except 

pursuant to a transfer made by or transfer authority provided 

in this Act or any other appropriations Act for any fiscal year, 

transfer authority referenced in the explanatory statement 

described in section 4 (in the matter preceding division A of this 

consolidated Act), or any authority whereby a department, agency, 

or instrumentality of the United States Government may provide 

goods or services to another department, agency, or instrumentality. 

(c) The head of any relevant department or agency funded 

in this Act utilizing any transfer authority shall submit to the 

Committees on Appropriations of both Houses of Congress a semiannual report detailing the transfer authorities, except for any 

authority whereby a department, agency, or instrumentality of the 

United States Government may provide goods or services to another 

department, agency, or instrumentality, used in the previous 6 

months and in the year-to-date. This report shall include the 

amounts transferred and the purposes for which they were transferred, and shall not replace or modify existing notification requirements for each authority. 

SEC. 503. None of the funds made available by this Act may 

be used in contravention of Executive Order No. 12898 of February 

11, 1994 (Federal Actions to Address Environmental Justice in 

Minority Populations and Low-Income Populations). 

This division may be cited as the ‘‘Energy and Water Development and Related Agencies Appropriations Act, 2016’’. 

DIVISION E—FINANCIAL SERVICES AND GENERAL 

GOVERNMENT APPROPRIATIONS ACT, 2016 

TITLE I 

DEPARTMENT OF THE TREASURY 

DEPARTMENTAL OFFICES

SALARIES AND EXPENSES

For necessary expenses of the Departmental Offices including 

operation and maintenance of the Treasury Building and Annex; 

hire of passenger motor vehicles; maintenance, repairs, and 

improvements of, and purchase of commercial insurance policies 

for, real properties leased or owned overseas, when necessary for 

the performance of official business; executive direction program 

activities; international affairs and economic policy activities; 

domestic finance and tax policy activities, including technical assistance to Puerto Rico; and Treasury-wide management policies and 

programs activities, $222,500,000: Provided, That of the amount 

appropriated under this heading— 

(1) not to exceed $350,000 is for official reception and 

representation expenses; 

Financial 

Services and 

General 

Government 

Appropriations 

Act, 2016. 

Department of 

the Treasury 

Appropriations 

Act, 2016. 


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129 STAT. 2424 PUBLIC LAW 114–113—DEC. 18, 2015 

(2) not to exceed $258,000 is for unforeseen emergencies 

of a confidential nature to be allocated and expended under 

the direction of the Secretary of the Treasury and to be 

accounted for solely on the Secretary’s certificate; and 

(3) not to exceed $22,200,000 shall remain available until 

September 30, 2017, for— 

(A) the Treasury-wide Financial Statement Audit and 

Internal Control Program; 

(B) information technology modernization requirements; 

(C) the audit, oversight, and administration of the 

Gulf Coast Restoration Trust Fund; and 

(D) the development and implementation of programs 

within the Office of Critical Infrastructure Protection and 

Compliance Policy, including entering into cooperative 

agreements. 

OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE

SALARIES AND EXPENSES

For the necessary expenses of the Office of Terrorism and 

Financial Intelligence to safeguard the financial system against 

illicit use and to combat rogue nations, terrorist facilitators, 

weapons of mass destruction proliferators, money launderers, drug 

kingpins, and other national security threats, $117,000,000: Provided, That of the amount appropriated under this heading: (1) 

not to exceed $27,100,000 is available for administrative expenses; 

and (2) $5,000,000, to remain available until September 30, 2017. 

DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For development and acquisition of automatic data processing 

equipment, software, and services and for repairs and renovations 

to buildings owned by the Department of the Treasury, $5,000,000, 

to remain available until September 30, 2018: Provided, That these 

funds shall be transferred to accounts and in amounts as necessary 

to satisfy the requirements of the Department’s offices, bureaus, 

and other organizations: Provided further, That this transfer 

authority shall be in addition to any other transfer authority provided in this Act: Provided further, That none of the funds appropriated under this heading shall be used to support or supplement 

‘‘Internal Revenue Service, Operations Support’’ or ‘‘Internal Revenue Service, Business Systems Modernization’’. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, 

$35,416,000, including hire of passenger motor vehicles; of which 

not to exceed $100,000 shall be available for unforeseen emergencies 

of a confidential nature, to be allocated and expended under the 

direction of the Inspector General of the Treasury; of which up 

to $2,800,000 to remain available until September 30, 2017, shall 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2425 

be for audits and investigations conducted pursuant to section 1608 

of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 

(33 U.S.C. 1321 note); and of which not to exceed $1,000 shall 

be available for official reception and representation expenses. 

TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Treasury Inspector General for 

Tax Administration in carrying out the Inspector General Act of 

1978, as amended, including purchase and hire of passenger motor 

vehicles (31 U.S.C. 1343(b)); and services authorized by 5 U.S.C. 

3109, at such rates as may be determined by the Inspector General 

for Tax Administration; $167,275,000, of which $5,000,000 shall 

remain available until September 30, 2017; of which not to exceed 

$6,000,000 shall be available for official travel expenses; of which 

not to exceed $500,000 shall be available for unforeseen emergencies 

of a confidential nature, to be allocated and expended under the 

direction of the Inspector General for Tax Administration; and 

of which not to exceed $1,500 shall be available for official reception 

and representation expenses. 

SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF

PROGRAM

SALARIES AND EXPENSES

For necessary expenses of the Office of the Special Inspector 

General in carrying out the provisions of the Emergency Economic 

Stabilization Act of 2008 (Public Law 110–343), $40,671,000. 

FINANCIAL CRIMES ENFORCEMENT NETWORK

SALARIES AND EXPENSES

For necessary expenses of the Financial Crimes Enforcement 

Network, including hire of passenger motor vehicles; travel and 

training expenses of non-Federal and foreign government personnel 

to attend meetings and training concerned with domestic and foreign financial intelligence activities, law enforcement, and financial 

regulation; services authorized by 5 U.S.C. 3109; not to exceed 

$10,000 for official reception and representation expenses; and for 

assistance to Federal law enforcement agencies, with or without 

reimbursement, $112,979,000, of which not to exceed $34,335,000 

shall remain available until September 30, 2018. 

TREASURY FORFEITURE FUND

(RESCISSION)

Of the unobligated balances available under this heading, 

$700,000,000 are rescinded. 


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129 STAT. 2426 PUBLIC LAW 114–113—DEC. 18, 2015 

BUREAU OF THE FISCAL SERVICE

SALARIES AND EXPENSES

For necessary expenses of operations of the Bureau of the 

Fiscal Service, $363,850,000; of which not to exceed $4,210,000, 

to remain available until September 30, 2018, is for information 

systems modernization initiatives; of which $5,000 shall be available 

for official reception and representation expenses; and of which 

not to exceed $19,800,000, to remain available until September 

30, 2018, is to support the Department’s activities related to 

implementation of the Digital Accountability and Transparency Act 

(DATA Act; Public Law 113–101), including changes in business 

processes, workforce, or information technology to support high 

quality, transparent Federal spending information. 

In addition, $165,000, to be derived from the Oil Spill Liability 

Trust Fund to reimburse administrative and personnel expenses 

for financial management of the Fund, as authorized by section 

1012 of Public Law 101–380. 

ALCOHOL AND TOBACCO TAX AND TRADE BUREAU

SALARIES AND EXPENSES

For necessary expenses of carrying out section 1111 of the 

Homeland Security Act of 2002, including hire of passenger motor 

vehicles, $106,439,000; of which not to exceed $6,000 for official 

reception and representation expenses; not to exceed $50,000 for 

cooperative research and development programs for laboratory services; and provision of laboratory assistance to State and local agencies with or without reimbursement: Provided, That of the amount 

appropriated under this heading, $5,000,000 shall be for the costs 

of accelerating the processing of formula and label applications. 

UNITED STATES MINT

UNITED STATES MINT PUBLIC ENTERPRISE FUND

Pursuant to section 5136 of title 31, United States Code, the 

United States Mint is provided funding through the United States 

Mint Public Enterprise Fund for costs associated with the production of circulating coins, numismatic coins, and protective services, 

including both operating expenses and capital investments: Provided, That the aggregate amount of new liabilities and obligations 

incurred during fiscal year 2016 under such section 5136 for circulating coinage and protective service capital investments of the 

United States Mint shall not exceed $20,000,000. 

COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND

PROGRAM ACCOUNT

To carry out the Riegle Community Development and Regulatory Improvements Act of 1994 (subtitle A of title I of Public 

Law 103–325), including services authorized by section 3109 of 

title 5, United States Code, but at rates for individuals not to 

exceed the per diem rate equivalent to the rate for EX–3, 

$233,523,000. Of the amount appropriated under this heading— 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2427 

(1) not less than $153,423,000, notwithstanding section 

108(e) of Public Law 103–325 (12 U.S.C. 4707(e)) with regard 

to Small and/or Emerging Community Development Financial 

Institutions Assistance awards, is available until September 

30, 2017, for financial assistance and technical assistance under 

subparagraphs (A) and (B) of section 108(a)(1), respectively, 

of Public Law 103–325 (12 U.S.C. 4707(a)(1)(A) and (B)), of 

which up to $3,102,500 may be used for the cost of direct 

loans: Provided, That the cost of direct and guaranteed loans, 

including the cost of modifying such loans, shall be as defined 

in section 502 of the Congressional Budget Act of 1974: Provided 

further, That these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed 

$25,000,000; 

(2) not less than $15,500,000, notwithstanding section 

108(e) of Public Law 103–325 (12 U.S.C. 4707(e)), is available 

until September 30, 2017, for financial assistance, technical 

assistance, training and outreach programs designed to benefit 

Native American, Native Hawaiian, and Alaskan Native 

communities and provided primarily through qualified community development lender organizations with experience and 

expertise in community development banking and lending in 

Indian country, Native American organizations, tribes and 

tribal organizations, and other suitable providers; 

(3) not less than $19,000,000 is available until September 

30, 2017, for the Bank Enterprise Award program; 

(4) not less than $22,000,000, notwithstanding subsections 

(d) and (e) of section 108 of Public Law 103–325 (12 U.S.C. 

4707(d) and (e)), is available until September 30, 2017, for 

a Healthy Food Financing Initiative to provide financial assistance, technical assistance, training, and outreach to community 

development financial institutions for the purpose of offering 

affordable financing and technical assistance to expand the 

availability of healthy food options in distressed communities; 

(5) up to $23,600,000 is available until September 30, 2016, 

for administrative expenses, including administration of CDFI 

fund programs and the New Markets Tax Credit Program, 

of which not less than $1,000,000 is for capacity building to 

expand CDFI investments in underserved rural areas, and 

up to $300,000 is for administrative expenses to carry out 

the direct loan program; and 

(6) during fiscal year 2016, none of the funds available 

under this heading are available for the cost, as defined in 

section 502 of the Congressional Budget Act of 1974, of commitments to guarantee bonds and notes under section 114A of 

the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4713a): Provided, That commitments to guarantee bonds and notes under such section 114A 

shall not exceed $750,000,000: Provided further, That such 

section 114A shall remain in effect until September 30, 2016. 

12 USC 4713a 

note. 


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129 STAT. 2428 PUBLIC LAW 114–113—DEC. 18, 2015 

INTERNAL REVENUE SERVICE

TAXPAYER SERVICES

For necessary expenses of the Internal Revenue Service to 

provide taxpayer services, including pre-filing assistance and education, filing and account services, taxpayer advocacy services, and 

other services as authorized by 5 U.S.C. 3109, at such rates as 

may be determined by the Commissioner, $2,156,554,000, of which 

not less than $6,500,000 shall be for the Tax Counseling for the 

Elderly Program, of which not less than $12,000,000 shall be available for low-income taxpayer clinic grants, and of which not less 

than $15,000,000, to remain available until September 30, 2017, 

shall be available for a Community Volunteer Income Tax Assistance matching grants program for tax return preparation assistance, of which not less than $206,000,000 shall be available for 

operating expenses of the Taxpayer Advocate Service: Provided, That of the amounts made available for the Taxpayer Advocate 

Service, not less than $5,000,000 shall be for identity theft casework. 

ENFORCEMENT

For necessary expenses for tax enforcement activities of the 

Internal Revenue Service to determine and collect owed taxes, to 

provide legal and litigation support, to conduct criminal investigations, to enforce criminal statutes related to violations of internal 

revenue laws and other financial crimes, to purchase and hire 

passenger motor vehicles (31 U.S.C. 1343(b)), and to provide other 

services as authorized by 5 U.S.C. 3109, at such rates as may 

be determined by the Commissioner, $4,860,000,000, of which not 

to exceed $50,000,000 shall remain available until September 30, 

2017, and of which not less than $60,257,000 shall be for the 

Interagency Crime and Drug Enforcement program. 

OPERATIONS SUPPORT

For necessary expenses of the Internal Revenue Service to 

support taxpayer services and enforcement programs, including rent 

payments; facilities services; printing; postage; physical security; 

headquarters and other IRS-wide administration activities; research 

and statistics of income; telecommunications; information technology development, enhancement, operations, maintenance, and 

security; the hire of passenger motor vehicles (31 U.S.C. 1343(b)); 

the operations of the Internal Revenue Service Oversight Board; 

and other services as authorized by 5 U.S.C. 3109, at such rates 

as may be determined by the Commissioner; $3,638,446,000, of 

which not to exceed $50,000,000 shall remain available until September 30, 2017; of which not to exceed $10,000,000 shall remain 

available until expended for acquisition of equipment and construction, repair and renovation of facilities; of which not to exceed 

$1,000,000 shall remain available until September 30, 2018, for 

research; of which not to exceed $20,000 shall be for official reception and representation expenses: Provided, That not later than 

30 days after the end of each quarter, the Internal Revenue Service 

shall submit a report to the Committees on Appropriations of the 

House of Representatives and the Senate and the Comptroller General of the United States detailing the cost and schedule performance for its major information technology investments, including 

26 USC 7801 

note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2429 

the purpose and life-cycle stages of the investments; the reasons 

for any cost and schedule variances; the risks of such investments 

and strategies the Internal Revenue Service is using to mitigate 

such risks; and the expected developmental milestones to be 

achieved and costs to be incurred in the next quarter: Provided 

further, That the Internal Revenue Service shall include, in its 

budget justification for fiscal year 2017, a summary of cost and 

schedule performance information for its major information technology systems. 

BUSINESS SYSTEMS MODERNIZATION

For necessary expenses of the Internal Revenue Service’s busi- ness systems modernization program, $290,000,000, to remain available until September 30, 2018, for the capital asset acquisition 

of information technology systems, including management and 

related contractual costs of said acquisitions, including related 

Internal Revenue Service labor costs, and contractual costs associated with operations authorized by 5 U.S.C. 3109: Provided, That 

not later than 30 days after the end of each quarter, the Internal 

Revenue Service shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate and 

the Comptroller General of the United States detailing the cost 

and schedule performance for CADE 2 and Modernized e-File 

information technology investments, including the purposes and 

life-cycle stages of the investments; the reasons for any cost and 

schedule variances; the risks of such investments and the strategies 

the Internal Revenue Service is using to mitigate such risks; and 

the expected developmental milestones to be achieved and costs 

to be incurred in the next quarter. 

ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE SERVICE

(INCLUDING TRANSFER OF FUNDS)

SEC. 101. Not to exceed 5 percent of any appropriation made 

available in this Act to the Internal Revenue Service may be transferred to any other Internal Revenue Service appropriation upon 

the advance approval of the Committees on Appropriations. 

SEC. 102. The Internal Revenue Service shall maintain an 

employee training program, which shall include the following topics: 

taxpayers’ rights, dealing courteously with taxpayers, cross-cultural 

relations, ethics, and the impartial application of tax law. 

SEC. 103. The Internal Revenue Service shall institute and 

enforce policies and procedures that will safeguard the confidentiality of taxpayer information and protect taxpayers against 

identity theft. 

SEC. 104. Funds made available by this or any other Act to 

the Internal Revenue Service shall be available for improved facilities and increased staffing to provide sufficient and effective 1– 

800 help line service for taxpayers. The Commissioner shall continue to make improvements to the Internal Revenue Service 1– 

800 help line service a priority and allocate resources necessary 

to enhance the response time to taxpayer communications, particularly with regard to victims of tax-related crimes. 

SEC. 105. None of the funds made available to the Internal 

Revenue Service by this Act may be used to make a video unless 

the Service-Wide Video Editorial Board determines in advance that 

26 USC 7801 

note. 


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129 STAT. 2430 PUBLIC LAW 114–113—DEC. 18, 2015 

making the video is appropriate, taking into account the cost, topic, 

tone, and purpose of the video. 

SEC. 106. The Internal Revenue Service shall issue a notice 

of confirmation of any address change relating to an employer 

making employment tax payments, and such notice shall be sent 

to both the employer’s former and new address and an officer 

or employee of the Internal Revenue Service shall give special 

consideration to an offer-in-compromise from a taxpayer who has 

been the victim of fraud by a third party payroll tax preparer. 

SEC. 107. None of the funds made available under this Act 

may be used by the Internal Revenue Service to target citizens 

of the United States for exercising any right guaranteed under 

the First Amendment to the Constitution of the United States. 

SEC. 108. None of the funds made available in this Act may 

be used by the Internal Revenue Service to target groups for regulatory scrutiny based on their ideological beliefs. 

SEC. 109. None of funds made available by this Act to the 

Internal Revenue Service shall be obligated or expended on conferences that do not adhere to the procedures, verification processes, 

documentation requirements, and policies issued by the Chief 

Financial Officer, Human Capital Office, and Agency-Wide Shared 

Services as a result of the recommendations in the report published 

on May 31, 2013, by the Treasury Inspector General for Tax 

Administration entitled ‘‘Review of the August 2010 Small Business/ 

Self-Employed Division’s Conference in Anaheim, California’’ (Reference Number 2013–10–037). 

SEC. 110. None of the funds made available in this Act to 

the Internal Revenue Service may be obligated or expended— 

(1) to make a payment to any employee under a bonus, 

award, or recognition program; or 

(2) under any hiring or personnel selection process with 

respect to re-hiring a former employee, 

unless such program or process takes into account the conduct 

and Federal tax compliance of such employee or former employee. 

SEC. 111. None of the funds made available by this Act may 

be used in contravention of section 6103 of the Internal Revenue 

Code of 1986 (relating to confidentiality and disclosure of returns 

and return information). 

SEC. 112. Except to the extent provided in section 6014, 6020, 

or 6201(d) of the Internal Revenue Code of 1986, no funds in 

this or any other Act shall be available to the Secretary of the 

Treasury to provide to any person a proposed final return or statement for use by such person to satisfy a filing or reporting requirement under such Code. 

SEC. 113. In addition to the amounts otherwise made available 

in this Act for the Internal Revenue Service, $290,000,000, to be 

available until September 30, 2017, shall be transferred by the 

Commissioner to the ‘‘Taxpayer Services’’, ‘‘Enforcement’’, or ‘‘Operations Support’’ accounts of the Internal Revenue Service for an 

additional amount to be used solely for measurable improvements 

in the customer service representative level of service rate, to 

improve the identification and prevention of refund fraud and 

identity theft, and to enhance cybersecurity to safeguard taxpayer 

data: Provided, That such funds shall supplement, not supplant 

any other amounts made available by the Internal Revenue Service 

for such purpose: Provided further, That such funds shall not be 

available until the Commissioner submits to the Committees on 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2431 

Appropriations of the House of Representatives and the Senate 

a spending plan for such funds: Provided further, That such funds 

shall not be used to support any provision of Public Law 111– 

148, Public Law 111–152, or any amendment made by either such 

Public Law. 

ADMINISTRATIVE PROVISIONS—DEPARTMENT OF THE TREASURY

(INCLUDING TRANSFERS OF FUNDS)

SEC. 114. Appropriations to the Department of the Treasury 

in this Act shall be available for uniforms or allowances therefor, 

as authorized by law (5 U.S.C. 5901), including maintenance, 

repairs, and cleaning; purchase of insurance for official motor 

vehicles operated in foreign countries; purchase of motor vehicles 

without regard to the general purchase price limitations for vehicles 

purchased and used overseas for the current fiscal year; entering 

into contracts with the Department of State for the furnishing 

of health and medical services to employees and their dependents 

serving in foreign countries; and services authorized by 5 U.S.C. 

3109. 

SEC. 115. Not to exceed 2 percent of any appropriations in 

this title made available under the headings ‘‘Departmental 

Offices—Salaries and Expenses’’, ‘‘Office of Inspector General’’, ‘‘Special Inspector General for the Troubled Asset Relief Program’’, 

‘‘Financial Crimes Enforcement Network’’, ‘‘Bureau of the Fiscal 

Service’’, and ‘‘Alcohol and Tobacco Tax and Trade Bureau’’ may 

be transferred between such appropriations upon the advance 

approval of the Committees on Appropriations of the House of 

Representatives and the Senate: Provided, That, upon advance 

approval of such Committees, not to exceed 2 percent of any such 

appropriations may be transferred to the ‘‘Office of Terrorism and 

Financial Intelligence’’: Provided further, That no transfer under 

this section may increase or decrease any such appropriation by 

more than 2 percent. 

SEC. 116. Not to exceed 2 percent of any appropriation made 

available in this Act to the Internal Revenue Service may be transferred to the Treasury Inspector General for Tax Administration’s 

appropriation upon the advance approval of the Committees on 

Appropriations of the House of Representatives and the Senate: 

Provided, That no transfer may increase or decrease any such 

appropriation by more than 2 percent. 

SEC. 117. None of the funds appropriated in this Act or otherwise available to the Department of the Treasury or the Bureau 

of Engraving and Printing may be used to redesign the $1 Federal 

Reserve note. 

SEC. 118. The Secretary of the Treasury may transfer funds 

from the ‘‘Bureau of the Fiscal Service-Salaries and Expenses’’ 

to the Debt Collection Fund as necessary to cover the costs of 

debt collection: Provided, That such amounts shall be reimbursed 

to such salaries and expenses account from debt collections received 

in the Debt Collection Fund. 

SEC. 119. None of the funds appropriated or otherwise made 

available by this or any other Act may be used by the United 

States Mint to construct or operate any museum without the explicit 

approval of the Committees on Appropriations of the House of 

Representatives and the Senate, the House Committee on Financial 


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129 STAT. 2432 PUBLIC LAW 114–113—DEC. 18, 2015 

Services, and the Senate Committee on Banking, Housing, and 

Urban Affairs. 

SEC. 120. None of the funds appropriated or otherwise made 

available by this or any other Act or source to the Department 

of the Treasury, the Bureau of Engraving and Printing, and the 

United States Mint, individually or collectively, may be used to 

consolidate any or all functions of the Bureau of Engraving and 

Printing and the United States Mint without the explicit approval 

of the House Committee on Financial Services; the Senate Committee on Banking, Housing, and Urban Affairs; and the Committees on Appropriations of the House of Representatives and the 

Senate. 

SEC. 121. Funds appropriated by this Act, or made available 

by the transfer of funds in this Act, for the Department of the 

Treasury’s intelligence or intelligence related activities are deemed 

to be specifically authorized by the Congress for purposes of section 

504 of the National Security Act of 1947 (50 U.S.C. 414) during 

fiscal year 2016 until the enactment of the Intelligence Authorization Act for Fiscal Year 2016. 

SEC. 122. Not to exceed $5,000 shall be made available from 

the Bureau of Engraving and Printing’s Industrial Revolving Fund 

for necessary official reception and representation expenses. 

SEC. 123. The Secretary of the Treasury shall submit a Capital 

Investment Plan to the Committees on Appropriations of the Senate 

and the House of Representatives not later than 30 days following 

the submission of the annual budget submitted by the President: 

Provided, That such Capital Investment Plan shall include capital 

investment spending from all accounts within the Department of 

the Treasury, including but not limited to the Department-wide 

Systems and Capital Investment Programs account, Treasury Franchise Fund account, and the Treasury Forfeiture Fund account: 

Provided further, That such Capital Investment Plan shall include 

expenditures occurring in previous fiscal years for each capital 

investment project that has not been fully completed. 

SEC. 124. (a) Not later than 60 days after the end of each 

quarter, the Office of Financial Stability and the Office of Financial 

Research shall submit reports on their activities to the Committees 

on Appropriations of the House of Representatives and the Senate, 

the Committee on Financial Services of the House of Representatives and the Senate Committee on Banking, Housing, and Urban 

Affairs. 

(b) The reports required under subsection (a) shall include— 

(1) the obligations made during the previous quarter by 

object class, office, and activity; 

(2) the estimated obligations for the remainder of the fiscal 

year by object class, office, and activity; 

(3) the number of full-time equivalents within each office 

during the previous quarter; 

(4) the estimated number of full-time equivalents within 

each office for the remainder of the fiscal year; and 

(5) actions taken to achieve the goals, objectives, and 

performance measures of each office. 

(c) At the request of any such Committees specified in subsection (a), the Office of Financial Stability and the Office of Financial Research shall make officials available to testify on the contents 

of the reports required under subsection (a). 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2433 

SEC. 125. Within 45 days after the date of enactment of this 

Act, the Secretary of the Treasury shall submit an itemized report 

to the Committees on Appropriations of the House of Representatives and the Senate on the amount of total funds charged to 

each office by the Franchise Fund including the amount charged 

for each service provided by the Franchise Fund to each office, 

a detailed description of the services, a detailed explanation of 

how each charge for each service is calculated, and a description 

of the role customers have in governing in the Franchise Fund. 

SEC. 126. The Secretary of the Treasury, in consultation with 

the appropriate agencies, departments, bureaus, and commissions 

that have expertise in terrorism and complex financial instruments, 

shall provide a report to the Committees on Appropriations of 

the House of Representatives and Senate, the Committee on Financial Services of the House of Representatives, and the Committee 

on Banking, Housing, and Urban Affairs of the Senate not later 

than 90 days after the date of enactment of this Act on economic 

warfare and financial terrorism. 

SEC. 127. During fiscal year 2016— 

(1) none of the funds made available in this or any other 

Act may be used by the Department of the Treasury, including 

the Internal Revenue Service, to issue, revise, or finalize any 

regulation, revenue ruling, or other guidance not limited to 

a particular taxpayer relating to the standard which is used 

to determine whether an organization is operated exclusively 

for the promotion of social welfare for purposes of section 

501(c)(4) of the Internal Revenue Code of 1986 (including the 

proposed regulations published at 78 Fed. Reg. 71535 

(November 29, 2013)); and 

(2) the standard and definitions as in effect on January 

1, 2010, which are used to make such determinations shall 

apply after the date of the enactment of this Act for purposes 

of determining status under section 501(c)(4) of such Code 

of organizations created on, before, or after such date. 

This title may be cited as the ‘‘Department of the Treasury 

Appropriations Act, 2016’’. 

TITLE II 

EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS 

APPROPRIATED TO THE PRESIDENT 

THE WHITE HOUSE

SALARIES AND EXPENSES

For necessary expenses for the White House as authorized by law, including not to exceed $3,850,000 for services as authorized 

by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3 U.S.C. 105, which shall be expended and accounted 

for as provided in that section; hire of passenger motor vehicles, 

and travel (not to exceed $100,000 to be expended and accounted 

for as provided by 3 U.S.C. 103); and not to exceed $19,000 for 

official reception and representation expenses, to be available for 

allocation within the Executive Office of the President; and for 

necessary expenses of the Office of Policy Development, including 

services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, 

$55,000,000. 

Executive Office 

of the President 

Appropriations 

Act, 2016. 


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129 STAT. 2434 PUBLIC LAW 114–113—DEC. 18, 2015 

EXECUTIVE RESIDENCE AT THE WHITE HOUSE

OPERATING EXPENSES

For necessary expenses of the Executive Residence at the White 

House, $12,723,000, to be expended and accounted for as provided 

by 3 U.S.C. 105, 109, 110, and 112–114. 

REIMBURSABLE EXPENSES

For the reimbursable expenses of the Executive Residence at 

the White House, such sums as may be necessary: Provided, That 

all reimbursable operating expenses of the Executive Residence 

shall be made in accordance with the provisions of this paragraph: 

Provided further, That, notwithstanding any other provision of law, 

such amount for reimbursable operating expenses shall be the exclusive authority of the Executive Residence to incur obligations and 

to receive offsetting collections, for such expenses: Provided further, 

That the Executive Residence shall require each person sponsoring 

a reimbursable political event to pay in advance an amount equal 

to the estimated cost of the event, and all such advance payments 

shall be credited to this account and remain available until 

expended: Provided further, That the Executive Residence shall 

require the national committee of the political party of the President 

to maintain on deposit $25,000, to be separately accounted for 

and available for expenses relating to reimbursable political events 

sponsored by such committee during such fiscal year: Provided 

further, That the Executive Residence shall ensure that a written 

notice of any amount owed for a reimbursable operating expense 

under this paragraph is submitted to the person owing such amount 

within 60 days after such expense is incurred, and that such amount 

is collected within 30 days after the submission of such notice: 

Provided further, That the Executive Residence shall charge interest 

and assess penalties and other charges on any such amount that 

is not reimbursed within such 30 days, in accordance with the 

interest and penalty provisions applicable to an outstanding debt 

on a United States Government claim under 31 U.S.C. 3717: Provided further, That each such amount that is reimbursed, and 

any accompanying interest and charges, shall be deposited in the 

Treasury as miscellaneous receipts: Provided further, That the 

Executive Residence shall prepare and submit to the Committees 

on Appropriations, by not later than 90 days after the end of 

the fiscal year covered by this Act, a report setting forth the 

reimbursable operating expenses of the Executive Residence during 

the preceding fiscal year, including the total amount of such 

expenses, the amount of such total that consists of reimbursable 

official and ceremonial events, the amount of such total that consists 

of reimbursable political events, and the portion of each such 

amount that has been reimbursed as of the date of the report: 

Provided further, That the Executive Residence shall maintain a 

system for the tracking of expenses related to reimbursable events 

within the Executive Residence that includes a standard for the 

classification of any such expense as political or nonpolitical: Provided further, That no provision of this paragraph may be construed 

to exempt the Executive Residence from any other applicable 

requirement of subchapter I or II of chapter 37 of title 31, United 

States Code. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2435 

WHITE HOUSE REPAIR AND RESTORATION

For the repair, alteration, and improvement of the Executive 

Residence at the White House pursuant to 3 U.S.C. 105(d), 

$750,000, to remain available until expended, for required maintenance, resolution of safety and health issues, and continued 

preventative maintenance. 

COUNCIL OF ECONOMIC ADVISERS

SALARIES AND EXPENSES

For necessary expenses of the Council of Economic Advisers 

in carrying out its functions under the Employment Act of 1946 

(15 U.S.C. 1021 et seq.), $4,195,000. 

NATIONAL SECURITY COUNCIL AND HOMELAND SECURITY COUNCIL

SALARIES AND EXPENSES

For necessary expenses of the National Security Council and 

the Homeland Security Council, including services as authorized 

by 5 U.S.C. 3109, $12,800,000. 

OFFICE OF ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Office of Administration, 

including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 

107, and hire of passenger motor vehicles, $96,116,000, of which 

not to exceed $7,994,000 shall remain available until expended 

for continued modernization of information resources within the 

Executive Office of the President. 

OFFICE OF MANAGEMENT AND BUDGET

SALARIES AND EXPENSES

For necessary expenses of the Office of Management and 

Budget, including hire of passenger motor vehicles and services 

as authorized by 5 U.S.C. 3109, to carry out the provisions of 

chapter 35 of title 44, United States Code, and to prepare and 

submit the budget of the United States Government, in accordance 

with section 1105(a) of title 31, United States Code, $95,000,000, 

of which not to exceed $3,000 shall be available for official representation expenses: Provided, That none of the funds appropriated 

in this Act for the Office of Management and Budget may be 

used for the purpose of reviewing any agricultural marketing orders 

or any activities or regulations under the provisions of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.): 

Provided further, That none of the funds made available for the 

Office of Management and Budget by this Act may be expended 

for the altering of the transcript of actual testimony of witnesses, 

except for testimony of officials of the Office of Management and 

Budget, before the Committees on Appropriations or their subcommittees: Provided further, That of the funds made available 

for the Office of Management and Budget by this Act, no less 


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129 STAT. 2436 PUBLIC LAW 114–113—DEC. 18, 2015 

than one full-time equivalent senior staff position shall be dedicated 

solely to the Office of the Intellectual Property Enforcement Coordinator: Provided further, That none of the funds provided in this 

or prior Acts shall be used, directly or indirectly, by the Office 

of Management and Budget, for evaluating or determining if water 

resource project or study reports submitted by the Chief of Engineers acting through the Secretary of the Army are in compliance 

with all applicable laws, regulations, and requirements relevant 

to the Civil Works water resource planning process: Provided further, That the Office of Management and Budget shall have not 

more than 60 days in which to perform budgetary policy reviews 

of water resource matters on which the Chief of Engineers has 

reported: Provided further, That the Director of the Office of 

Management and Budget shall notify the appropriate authorizing 

and appropriating committees when the 60-day review is initiated: 

Provided further, That if water resource reports have not been 

transmitted to the appropriate authorizing and appropriating 

committees within 15 days after the end of the Office of Management and Budget review period based on the notification from 

the Director, Congress shall assume Office of Management and 

Budget concurrence with the report and act accordingly. 

OFFICE OF NATIONAL DRUG CONTROL POLICY

SALARIES AND EXPENSES

For necessary expenses of the Office of National Drug Control 

Policy; for research activities pursuant to the Office of National 

Drug Control Policy Reauthorization Act of 2006 (Public Law 109– 

469); not to exceed $10,000 for official reception and representation 

expenses; and for participation in joint projects or in the provision 

of services on matters of mutual interest with nonprofit, research, 

or public organizations or agencies, with or without reimbursement, 

$20,047,000: Provided, That the Office is authorized to accept, hold, 

administer, and utilize gifts, both real and personal, public and 

private, without fiscal year limitation, for the purpose of aiding 

or facilitating the work of the Office. 

FEDERAL DRUG CONTROL PROGRAMS

HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Office of National Drug Control 

Policy’s High Intensity Drug Trafficking Areas Program, 

$250,000,000, to remain available until September 30, 2017, for 

drug control activities consistent with the approved strategy for 

each of the designated High Intensity Drug Trafficking Areas 

(‘‘HIDTAs’’), of which not less than 51 percent shall be transferred 

to State and local entities for drug control activities and shall 

be obligated not later than 120 days after enactment of this Act: 

Provided, That up to 49 percent may be transferred to Federal 

agencies and departments in amounts determined by the Director 

of the Office of National Drug Control Policy, of which up to 

$2,700,000 may be used for auditing services and associated activities: Provided further, That, notwithstanding the requirements of 

Public Law 106–58, any unexpended funds obligated prior to fiscal 

21 USC 1702 

note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2437 

year 2014 may be used for any other approved activities of that 

HIDTA, subject to reprogramming requirements: Provided further, That each HIDTA designated as of September 30, 2015, shall be 

funded at not less than the fiscal year 2015 base level, unless 

the Director submits to the Committees on Appropriations of the 

House of Representatives and the Senate justification for changes 

to those levels based on clearly articulated priorities and published 

Office of National Drug Control Policy performance measures of 

effectiveness: Provided further, That the Director shall notify the 

Committees on Appropriations of the initial allocation of fiscal 

year 2016 funding among HIDTAs not later than 45 days after 

enactment of this Act, and shall notify the Committees of planned 

uses of discretionary HIDTA funding, as determined in consultation 

with the HIDTA Directors, not later than 90 days after enactment 

of this Act: Provided further, That upon a determination that all 

or part of the funds so transferred from this appropriation are 

not necessary for the purposes provided herein and upon notification 

to the Committees on Appropriations of the House of Representatives and the Senate, such amounts may be transferred back to 

this appropriation. 

OTHER FEDERAL DRUG CONTROL PROGRAMS

(INCLUDING TRANSFERS OF FUNDS)

For other drug control activities authorized by the Office of 

National Drug Control Policy Reauthorization Act of 2006 (Public 

Law 109–469), $109,810,000, to remain available until expended, 

which shall be available as follows: $95,000,000 for the Drug-Free 

Communities Program, of which $2,000,000 shall be made available 

as directed by section 4 of Public Law 107–82, as amended by 

Public Law 109–469 (21 U.S.C. 1521 note); $2,000,000 for drug 

court training and technical assistance; $9,500,000 for anti-doping 

activities; $2,060,000 for the United States membership dues to 

the World Anti-Doping Agency; and $1,250,000 shall be made available as directed by section 1105 of Public Law 109–469: Provided, 

That amounts made available under this heading may be transferred to other Federal departments and agencies to carry out 

such activities. 

UNANTICIPATED NEEDS

For expenses necessary to enable the President to meet 

unanticipated needs, in furtherance of the national interest, security, or defense which may arise at home or abroad during the 

current fiscal year, as authorized by 3 U.S.C. 108, $800,000, to 

remain available until September 30, 2017. 

INFORMATION TECHNOLOGY OVERSIGHT AND REFORM

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for the furtherance of integrated, efficient, secure, and effective uses of information technology in the 

Federal Government, $30,000,000, to remain available until 

expended: Provided, That the Director of the Office of Management 

and Budget may transfer these funds to one or more other agencies 

to carry out projects to meet these purposes. 


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129 STAT. 2438 PUBLIC LAW 114–113—DEC. 18, 2015 

SPECIAL ASSISTANCE TO THE PRESIDENT

SALARIES AND EXPENSES

For necessary expenses to enable the Vice President to provide 

assistance to the President in connection with specially assigned 

functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 

106, including subsistence expenses as authorized by 3 U.S.C. 106, 

which shall be expended and accounted for as provided in that 

section; and hire of passenger motor vehicles, $4,228,000. 

OFFICIAL RESIDENCE OF THE VICE PRESIDENT

OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For the care, operation, refurnishing, improvement, and to the 

extent not otherwise provided for, heating and lighting, including 

electric power and fixtures, of the official residence of the Vice 

President; the hire of passenger motor vehicles; and not to exceed 

$90,000 pursuant to 3 U.S.C. 106(b)(2), $299,000: Provided, That 

advances, repayments, or transfers from this appropriation may 

be made to any department or agency for expenses of carrying 

out such activities. 

ADMINISTRATIVE PROVISIONS—EXECUTIVE OFFICE OF THE

PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT

(INCLUDING TRANSFER OF FUNDS)

SEC. 201. From funds made available in this Act under the 

headings ‘‘The White House’’, ‘‘Executive Residence at the White 

House’’, ‘‘White House Repair and Restoration’’, ‘‘Council of Economic Advisers’’, ‘‘National Security Council and Homeland Security 

Council’’, ‘‘Office of Administration’’, ‘‘Special Assistance to the 

President’’, and ‘‘Official Residence of the Vice President’’, the 

Director of the Office of Management and Budget (or such other 

officer as the President may designate in writing), may, with 

advance approval of the Committees on Appropriations of the House 

of Representatives and the Senate, transfer not to exceed 10 percent 

of any such appropriation to any other such appropriation, to be 

merged with and available for the same time and for the same 

purposes as the appropriation to which transferred: Provided, That 

the amount of an appropriation shall not be increased by more 

than 50 percent by such transfers: Provided further, That no amount 

shall be transferred from ‘‘Special Assistance to the President’’ 

or ‘‘Official Residence of the Vice President’’ without the approval 

of the Vice President. 

SEC. 202. Within 90 days after the date of enactment of this 

section, the Director of the Office of Management and Budget shall 

submit a report to the Committees on Appropriations of the House 

of Representatives and the Senate on the costs of implementing 

the Dodd-Frank Wall Street Reform and Consumer Protection Act 

(Public Law 111–203). Such report shall include— 

(1) the estimated mandatory and discretionary obligations 

of funds through fiscal year 2018, by Federal agency and by 

fiscal year, including— 


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(A) the estimated obligations by cost inputs such as 

rent, information technology, contracts, and personnel; 

(B) the methodology and data sources used to calculate 

such estimated obligations; and 

(C) the specific section of such Act that requires the 

obligation of funds; and 

(2) the estimated receipts through fiscal year 2018 from 

assessments, user fees, and other fees by the Federal agency 

making the collections, by fiscal year, including— 

(A) the methodology and data sources used to calculate 

such estimated collections; and 

(B) the specific section of such Act that authorizes 

the collection of funds. 

SEC. 203. (a) During fiscal year 2016, any Executive order 

or Presidential memorandum issued by the President shall be 

accompanied by a written statement from the Director of the Office 

of Management and Budget on the budgetary impact, including 

costs, benefits, and revenues, of such order or memorandum. 

(b) Any such statement shall include— 

(1) a narrative summary of the budgetary impact of such 

order or memorandum on the Federal Government; 

(2) the impact on mandatory and discretionary obligations 

and outlays as the result of such order or memorandum, listed 

by Federal agency, for each year in the 5-fiscal year period 

beginning in fiscal year 2016; and 

(3) the impact on revenues of the Federal Government 

as the result of such order or memorandum over the 5-fiscalyear period beginning in fiscal year 2016. 

(c) If an Executive order or Presidential memorandum is issued 

during fiscal year 2016 due to a national emergency, the Director 

of the Office of Management and Budget may issue the statement 

required by subsection (a) not later than 15 days after the date 

that such order or memorandum is issued. 

(d) The requirement for cost estimates for Presidential memoranda shall only apply for Presidential memoranda estimated to 

have a regulatory cost in excess of $100,000,000. 

This title may be cited as the ‘‘Executive Office of the President 

Appropriations Act, 2016’’. 

TITLE III 

THE JUDICIARY 

SUPREME COURT OF THE UNITED STATES

SALARIES AND EXPENSES

For expenses necessary for the operation of the Supreme Court, 

as required by law, excluding care of the building and grounds, 

including hire of passenger motor vehicles as authorized by 31 

U.S.C. 1343 and 1344; not to exceed $10,000 for official reception 

and representation expenses; and for miscellaneous expenses, to 

be expended as the Chief Justice may approve, $75,838,000, of 

which $2,000,000 shall remain available until expended. 

In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief justice and 

associate justices of the court. 

Judiciary 

Appropriations 

Act, 2016. 


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129 STAT. 2440 PUBLIC LAW 114–113—DEC. 18, 2015 

CARE OF THE BUILDING AND GROUNDS

For such expenditures as may be necessary to enable the 

Architect of the Capitol to carry out the duties imposed upon 

the Architect by 40 U.S.C. 6111 and 6112, $9,964,000, to remain 

available until expended. 

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

SALARIES AND EXPENSES

For salaries of officers and employees, and for necessary expenses of the court, as authorized by law, $30,872,000. 

In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief judge and 

judges of the court. 

UNITED STATES COURT OF INTERNATIONAL TRADE

SALARIES AND EXPENSES

For salaries of officers and employees of the court, services, 

and necessary expenses of the court, as authorized by law, 

$18,160,000. 

In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief judge and 

judges of the court. 

COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL

SERVICES

SALARIES AND EXPENSES

For the salaries of judges of the United States Court of Federal 

Claims, magistrate judges, and all other officers and employees 

of the Federal Judiciary not otherwise specifically provided for, 

necessary expenses of the courts, and the purchase, rental, repair, 

and cleaning of uniforms for Probation and Pretrial Services Office 

staff, as authorized by law, $4,918,969,000 (including the purchase 

of firearms and ammunition); of which not to exceed $27,817,000 

shall remain available until expended for space alteration projects 

and for furniture and furnishings related to new space alteration 

and construction projects. 

In addition, there are appropriated such sums as may be necessary under current law for the salaries of circuit and district 

judges (including judges of the territorial courts of the United 

States), bankruptcy judges, and justices and judges retired from 

office or from regular active service. 

In addition, for expenses of the United States Court of Federal 

Claims associated with processing cases under the National Childhood Vaccine Injury Act of 1986 (Public Law 99–660), not to exceed 

$6,050,000, to be appropriated from the Vaccine Injury Compensation Trust Fund. 

DEFENDER SERVICES

For the operation of Federal Defender organizations; the compensation and reimbursement of expenses of attorneys appointed 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2441 

to represent persons under 18 U.S.C. 3006A and 3599, and for 

the compensation and reimbursement of expenses of persons furnishing investigative, expert, and other services for such representations as authorized by law; the compensation (in accordance with 

the maximums under 18 U.S.C. 3006A) and reimbursement of 

expenses of attorneys appointed to assist the court in criminal 

cases where the defendant has waived representation by counsel; 

the compensation and reimbursement of expenses of attorneys 

appointed to represent jurors in civil actions for the protection 

of their employment, as authorized by 28 U.S.C. 1875(d)(1); the 

compensation and reimbursement of expenses of attorneys 

appointed under 18 U.S.C. 983(b)(1) in connection with certain 

judicial civil forfeiture proceedings; the compensation and 

reimbursement of travel expenses of guardians ad litem appointed 

under 18 U.S.C. 4100(b); and for necessary training and general 

administrative expenses, $1,004,949,000, to remain available until 

expended. 

FEES OF JURORS AND COMMISSIONERS

For fees and expenses of jurors as authorized by 28 U.S.C. 

1871 and 1876; compensation of jury commissioners as authorized 

by 28 U.S.C. 1863; and compensation of commissioners appointed 

in condemnation cases pursuant to rule 71.1(h) of the Federal 

Rules of Civil Procedure (28 U.S.C. Appendix Rule 71.1(h)), 

$44,199,000, to remain available until expended: Provided, That 

the compensation of land commissioners shall not exceed the daily 

equivalent of the highest rate payable under 5 U.S.C. 5332. 

COURT SECURITY

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses, not otherwise provided for, incident 

to the provision of protective guard services for United States 

courthouses and other facilities housing Federal court operations, 

and the procurement, installation, and maintenance of security 

systems and equipment for United States courthouses and other 

facilities housing Federal court operations, including building 

ingress-egress control, inspection of mail and packages, directed 

security patrols, perimeter security, basic security services provided 

by the Federal Protective Service, and other similar activities as 

authorized by section 1010 of the Judicial Improvement and Access 

to Justice Act (Public Law 100–702), $538,196,000, of which not 

to exceed $15,000,000 shall remain available until expended, to 

be expended directly or transferred to the United States Marshals 

Service, which shall be responsible for administering the Judicial 

Facility Security Program consistent with standards or guidelines 

agreed to by the Director of the Administrative Office of the United 

States Courts and the Attorney General. 

ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS

SALARIES AND EXPENSES

For necessary expenses of the Administrative Office of the 

United States Courts as authorized by law, including travel as 

authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle 


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129 STAT. 2442 PUBLIC LAW 114–113—DEC. 18, 2015 

as authorized by 31 U.S.C. 1343(b), advertising and rent in the 

District of Columbia and elsewhere, $85,665,000, of which not to 

exceed $8,500 is authorized for official reception and representation 

expenses. 

FEDERAL JUDICIAL CENTER

SALARIES AND EXPENSES

For necessary expenses of the Federal Judicial Center, as authorized by Public Law 90–219, $27,719,000; of which $1,800,000 

shall remain available through September 30, 2017, to provide 

education and training to Federal court personnel; and of which 

not to exceed $1,500 is authorized for official reception and representation expenses. 

UNITED STATES SENTENCING COMMISSION

SALARIES AND EXPENSES

For the salaries and expenses necessary to carry out the provisions of chapter 58 of title 28, United States Code, $17,570,000, 

of which not to exceed $1,000 is authorized for official reception 

and representation expenses. 

ADMINISTRATIVE PROVISIONS—THE JUDICIARY

(INCLUDING TRANSFER OF FUNDS)

SEC. 301. Appropriations and authorizations made in this title 

which are available for salaries and expenses shall be available 

for services as authorized by 5 U.S.C. 3109. 

SEC. 302. Not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Judiciary in this Act 

may be transferred between such appropriations, but no such appropriation, except ‘‘Courts of Appeals, District Courts, and Other 

Judicial Services, Defender Services’’ and ‘‘Courts of Appeals, District Courts, and Other Judicial Services, Fees of Jurors and 

Commissioners’’, shall be increased by more than 10 percent by 

any such transfers: Provided, That any transfer pursuant to this 

section shall be treated as a reprogramming of funds under sections 

604 and 608 of this Act and shall not be available for obligation 

or expenditure except in compliance with the procedures set forth 

in section 608. 

SEC. 303. Notwithstanding any other provision of law, the 

salaries and expenses appropriation for ‘‘Courts of Appeals, District 

Courts, and Other Judicial Services’’ shall be available for official 

reception and representation expenses of the Judicial Conference 

of the United States: Provided, That such available funds shall 

not exceed $11,000 and shall be administered by the Director of 

the Administrative Office of the United States Courts in the capacity 

as Secretary of the Judicial Conference. 

SEC. 304. Section 3314(a) of title 40, United States Code, shall 

be applied by substituting ‘‘Federal’’ for ‘‘executive’’ each place it 

appears. 

SEC. 305. In accordance with 28 U.S.C. 561–569, and notwithstanding any other provision of law, the United States Marshals 

Service shall provide, for such courthouses as its Director may 


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designate in consultation with the Director of the Administrative 

Office of the United States Courts, for purposes of a pilot program, 

the security services that 40 U.S.C. 1315 authorizes the Department 

of Homeland Security to provide, except for the services specified 

in 40 U.S.C. 1315(b)(2)(E). For building-specific security services 

at these courthouses, the Director of the Administrative Office 

of the United States Courts shall reimburse the United States 

Marshals Service rather than the Department of Homeland Security. 

SEC. 306. (a) Section 203(c) of the Judicial Improvements Act 

of 1990 (Public Law 101–650; 28 U.S.C. 133 note), is amended 

in the second sentence (relating to the District of Kansas) following 

paragraph (12), by striking ‘‘24 years and 6 months’’ and inserting 

‘‘25 years and 6 months’’. 

(b) Section 406 of the Transportation, Treasury, Housing and 

Urban Development, the Judiciary, the District of Columbia, and 

Independent Agencies Appropriations Act, 2006 (Public Law 109– 

115; 119 Stat. 2470; 28 U.S.C. 133 note) is amended in the second 

sentence (relating to the eastern District of Missouri) by striking 

‘‘22 years and 6 months’’ and inserting ‘‘23 years and 6 months’’. 

(c) Section 312(c)(2) of the 21st Century Department of Justice 

Appropriations Authorization Act (Public Law 107–273; 28 U.S.C. 

133 note), is amended— 

(1) in the first sentence by striking ‘‘13 years’’ and inserting 

‘‘14 years’’; 

(2) in the second sentence (relating to the central District 

of California), by striking ‘‘12 years and 6 months’’ and inserting 

‘‘13 years and 6 months’’; and 

(3) in the third sentence (relating to the western district 

of North Carolina), by striking ‘‘11 years’’ and inserting ‘‘12 

years’’. 

SEC. 307. Section 3602(a) of title 18, United States Code, is 

amended— 

(1) by inserting after the first sentence: ‘‘A person appointed 

as a probation officer in one district may serve in another 

district with the consent of the appointing court and the court 

in the other district.’’; and 

(2) by inserting in the last sentence ‘‘appointing’’ before 

‘‘court may, for cause’’. 

This title may be cited as the ‘‘Judiciary Appropriations Act, 

2016’’. 

TITLE IV 

DISTRICT OF COLUMBIA 

FEDERAL FUNDS

FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

For a Federal payment to the District of Columbia, to be 

deposited into a dedicated account, for a nationwide program to 

be administered by the Mayor, for District of Columbia resident 

tuition support, $40,000,000, to remain available until expended: 

Provided, That such funds, including any interest accrued thereon, 

may be used on behalf of eligible District of Columbia residents 

to pay an amount based upon the difference between in-State and 

out-of-State tuition at public institutions of higher education, or 

District of 

Columbia 

Appropriations 

Act, 2016. 


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129 STAT. 2444 PUBLIC LAW 114–113—DEC. 18, 2015 

to pay up to $2,500 each year at eligible private institutions of 

higher education: Provided further, That the awarding of such funds 

may be prioritized on the basis of a resident’s academic merit, 

the income and need of eligible students and such other factors 

as may be authorized: Provided further, That the District of 

Columbia government shall maintain a dedicated account for the 

Resident Tuition Support Program that shall consist of the Federal 

funds appropriated to the Program in this Act and any subsequent 

appropriations, any unobligated balances from prior fiscal years, 

and any interest earned in this or any fiscal year: Provided further, That the account shall be under the control of the District of 

Columbia Chief Financial Officer, who shall use those funds solely 

for the purposes of carrying out the Resident Tuition Support Program: Provided further, That the Office of the Chief Financial 

Officer shall provide a quarterly financial report to the Committees 

on Appropriations of the House of Representatives and the Senate 

for these funds showing, by object class, the expenditures made 

and the purpose therefor. 

FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS

IN THE DISTRICT OF COLUMBIA

For a Federal payment of necessary expenses, as determined 

by the Mayor of the District of Columbia in written consultation 

with the elected county or city officials of surrounding jurisdictions, 

$13,000,000, to remain available until expended, for the costs of 

providing public safety at events related to the presence of the 

National Capital in the District of Columbia, including support 

requested by the Director of the United States Secret Service in 

carrying out protective duties under the direction of the Secretary 

of Homeland Security, and for the costs of providing support to 

respond to immediate and specific terrorist threats or attacks in 

the District of Columbia or surrounding jurisdictions. 

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS

For salaries and expenses for the District of Columbia Courts, $274,401,000 to be allocated as follows: for the District of Columbia 

Court of Appeals, $14,192,000, of which not to exceed $2,500 is 

for official reception and representation expenses; for the Superior 

Court of the District of Columbia, $123,638,000, of which not to 

exceed $2,500 is for official reception and representation expenses; 

for the District of Columbia Court System, $73,981,000, of which 

not to exceed $2,500 is for official reception and representation 

expenses; and $62,590,000, to remain available until September 

30, 2017, for capital improvements for District of Columbia courthouse facilities: Provided, That funds made available for capital 

improvements shall be expended consistent with the District of 

Columbia Courts master plan study and facilities condition assessment: Provided further, That notwithstanding any other provision 

of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and 

expended in the same manner as funds appropriated for salaries 

and expenses of other Federal agencies: Provided further, That 

30 days after providing written notice to the Committees on Appropriations of the House of Representatives and the Senate, the 

District of Columbia Courts may reallocate not more than 

$6,000,000 of the funds provided under this heading among the 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2445 

items and entities funded under this heading: Provided further, That the Joint Committee on Judicial Administration in the District 

of Columbia may, by regulation, establish a program substantially 

similar to the program set forth in subchapter II of chapter 35 

of title 5, United States Code, for employees of the District of 

Columbia Courts. 

FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF

COLUMBIA COURTS

For payments authorized under section 11–2604 and section 

11–2605, D.C. Official Code (relating to representation provided 

under the District of Columbia Criminal Justice Act), payments 

for counsel appointed in proceedings in the Family Court of the 

Superior Court of the District of Columbia under chapter 23 of 

title 16, D.C. Official Code, or pursuant to contractual agreements 

to provide guardian ad litem representation, training, technical 

assistance, and such other services as are necessary to improve 

the quality of guardian ad litem representation, payments for 

counsel appointed in adoption proceedings under chapter 3 of title 

16, D.C. Official Code, and payments authorized under section 

21–2060, D.C. Official Code (relating to services provided under 

the District of Columbia Guardianship, Protective Proceedings, and 

Durable Power of Attorney Act of 1986), $49,890,000, to remain 

available until expended: Provided, That funds provided under this 

heading shall be administered by the Joint Committee on Judicial 

Administration in the District of Columbia: Provided further, That, 

notwithstanding any other provision of law, this appropriation shall 

be apportioned quarterly by the Office of Management and Budget 

and obligated and expended in the same manner as funds appropriated for expenses of other Federal agencies. 

FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER

SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA

For salaries and expenses, including the transfer and hire 

of motor vehicles, of the Court Services and Offender Supervision 

Agency for the District of Columbia, as authorized by the National 

Capital Revitalization and Self-Government Improvement Act of 

1997, $244,763,000, of which not to exceed $2,000 is for official 

reception and representation expenses related to Community Supervision and Pretrial Services Agency programs, of which not to 

exceed $25,000 is for dues and assessments relating to the 

implementation of the Court Services and Offender Supervision 

Agency Interstate Supervision Act of 2002; of which $182,406,000 

shall be for necessary expenses of Community Supervision and 

Sex Offender Registration, to include expenses relating to the supervision of adults subject to protection orders or the provision of 

services for or related to such persons, of which up to $3,159,000 

shall remain available until September 30, 2018, for the relocation 

of offender supervision field offices; and of which $62,357,000 shall 

be available to the Pretrial Services Agency: Provided, That notwithstanding any other provision of law, all amounts under this heading 

shall be apportioned quarterly by the Office of Management and 

Budget and obligated and expended in the same manner as funds 

appropriated for salaries and expenses of other Federal agencies: 

Provided further, That amounts under this heading may be used 


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129 STAT. 2446 PUBLIC LAW 114–113—DEC. 18, 2015 

for programmatic incentives for offenders and defendants successfully meeting terms of supervision: Provided further, That the 

Director is authorized to accept and use gifts in the form of inkind contributions of the following: space and hospitality to support 

offender and defendant programs; equipment, supplies, clothing, 

and professional development and vocational training services and 

items necessary to sustain, educate, and train offenders and defendants, including their dependent children; and programmatic incentives for offenders and defendants meeting terms of supervision: 

Provided further, That the Director shall keep accurate and detailed 

records of the acceptance and use of any gift under the previous 

proviso, and shall make such records available for audit and public 

inspection: Provided further, That the Court Services and Offender 

Supervision Agency Director is authorized to accept and use 

reimbursement from the District of Columbia Government for space 

and services provided on a cost reimbursable basis. 

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER

SERVICE

For salaries and expenses, including the transfer and hire 

of motor vehicles, of the District of Columbia Public Defender 

Service, as authorized by the National Capital Revitalization and 

Self-Government Improvement Act of 1997, $40,889,000: Provided, 

That notwithstanding any other provision of law, all amounts under 

this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner 

as funds appropriated for salaries and expenses of Federal agencies: 

Provided further, That, notwithstanding section 1342 of title 31, 

United States Code, and in addition to the authority provided 

by the District of Columbia Code Section 2–1607(b), upon approval 

of the Board of Trustees, the District of Columbia Public Defender 

Service may accept and use voluntary and uncompensated services 

for the purpose of aiding or facilitating the work of the District 

of Columbia Public Defender Service: Provided further, That, notwithstanding District of Columbia Code section 2–1603(d), for the 

purpose of any action brought against the Board of the Trustees 

of the District of Columbia Public Defender Service at any time 

during fiscal year 2016 or any previous fiscal year, the trustees 

shall be deemed to be employees of the Public Defender Service. 

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND

SEWER AUTHORITY

For a Federal payment to the District of Columbia Water 

and Sewer Authority, $14,000,000, to remain available until 

expended, to continue implementation of the Combined Sewer Overflow Long-Term Plan: Provided, That the District of Columbia Water 

and Sewer Authority provides a 100 percent match for this payment. 

FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING

COUNCIL

For a Federal payment to the Criminal Justice Coordinating 

Council, $1,900,000, to remain available until expended, to support 

initiatives related to the coordination of Federal and local criminal 

justice resources in the District of Columbia. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2447 

FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS

For a Federal payment, to remain available until September 

30, 2017, to the Commission on Judicial Disabilities and Tenure, 

$295,000, and for the Judicial Nomination Commission, $270,000. 

FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

For a Federal payment for a school improvement program in the District of Columbia, $45,000,000, to remain available until 

expended, for payments authorized under the Scholarship for Opportunity and Results Act (division C of Public Law 112–10): Provided, 

That, to the extent that funds are available for opportunity scholarships and following the priorities included in section 3006 of such 

Act, the Secretary of Education shall make scholarships available 

to students eligible under section 3013(3) of such Act (Public Law 

112–10; 125 Stat. 211) including students who were not offered 

a scholarship during any previous school year: Provided further, That within funds provided for opportunity scholarships $3,200,000 

shall be for the activities specified in sections 3007(b) through 

3007(d) and 3009 of the Act. 

FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD

For a Federal payment to the District of Columbia National 

Guard, $435,000, to remain available until expended for the Major 

General David F. Wherley, Jr. District of Columbia National Guard 

Retention and College Access Program. 

FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV/AIDS

For a Federal payment to the District of Columbia for the 

testing of individuals for, and the treatment of individuals with, 

human immunodeficiency virus and acquired immunodeficiency syndrome in the District of Columbia, $5,000,000. 

DISTRICT OF COLUMBIA FUNDS

Local funds are appropriated for the District of Columbia for 

the current fiscal year out of the General Fund of the District 

of Columbia (‘‘General Fund’’) for programs and activities set forth 

under the heading ‘‘District of Columbia Funds Summary of 

Expenses’’ and at the rate set forth under such heading, as included 

in the Fiscal Year 2016 Budget Request Act of 2015 submitted 

to the Congress by the District of Columbia as amended as of 

the date of enactment of this Act: Provided, That notwithstanding 

any other provision of law, except as provided in section 450A 

of the District of Columbia Home Rule Act (section 1–204.50a, 

D.C. Official Code), sections 816 and 817 of the Financial Services 

and General Government Appropriations Act, 2009 (secs. 47–369.01 

and 47–369.02, D.C. Official Code), and provisions of this Act, 

the total amount appropriated in this Act for operating expenses 

for the District of Columbia for fiscal year 2016 under this heading 

shall not exceed the estimates included in the Fiscal Year 2016 

Budget Request Act of 2015 submitted to Congress by the District 

of Columbia as amended as of the date of enactment of this Act 

or the sum of the total revenues of the District of Columbia for 

such fiscal year: Provided further, That the amount appropriated 


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129 STAT. 2448 PUBLIC LAW 114–113—DEC. 18, 2015 

may be increased by proceeds of one-time transactions, which are 

expended for emergency or unanticipated operating or capital needs: 

Provided further, That such increases shall be approved by enactment of local District law and shall comply with all reserve requirements contained in the District of Columbia Home Rule Act: Provided further, That the Chief Financial Officer of the District of 

Columbia shall take such steps as are necessary to assure that 

the District of Columbia meets these requirements, including the 

apportioning by the Chief Financial Officer of the appropriations 

and funds made available to the District during fiscal year 2016, 

except that the Chief Financial Officer may not reprogram for 

operating expenses any funds derived from bonds, notes, or other 

obligations issued for capital projects. 

This title may be cited as the ‘‘District of Columbia Appropriations Act, 2016’’. 

TITLE V 

INDEPENDENT AGENCIES 

ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

SALARIES AND EXPENSES

For necessary expenses of the Administrative Conference of the United States, authorized by 5 U.S.C. 591 et seq., $3,100,000, 

to remain available until September 30, 2017, of which not to 

exceed $1,000 is for official reception and representation expenses. 

CONSUMER PRODUCT SAFETY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Consumer Product Safety 

Commission, including hire of passenger motor vehicles, services 

as authorized by 5 U.S.C. 3109, but at rates for individuals not 

to exceed the per diem rate equivalent to the maximum rate payable 

under 5 U.S.C. 5376, purchase of nominal awards to recognize 

non-Federal officials’ contributions to Commission activities, and 

not to exceed $4,000 for official reception and representation 

expenses, $125,000,000, of which not less than $1,000,000 shall 

remain available until September 30, 2017, to reduce the costs 

of third party testing associated with certification of children’s 

products under section 14 of the Consumer Product Safety Act 

(15 U.S.C. 2063). 

ELECTION ASSISTANCE COMMISSION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the Help America Vote 

Act of 2002 (Public Law 107–252), $9,600,000, of which $1,500,000 

shall be transferred to the National Institute of Standards and 

Technology for election reform activities authorized under the Help 

America Vote Act of 2002. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2449 

FEDERAL COMMUNICATIONS COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Communications 

Commission, as authorized by law, including uniforms and allowances therefor, as authorized by 5 U.S.C. 5901–5902; not to exceed 

$4,000 for official reception and representation expenses; purchase 

and hire of motor vehicles; special counsel fees; and services as 

authorized by 5 U.S.C. 3109, $339,844,000, to remain available 

until expended: Provided, That in addition, $44,168,497 shall be 

made available until expended for necessary expenses associated 

with moving to a new facility or reconfiguring the existing space 

to significantly reduce space consumption: Provided further, That 

$384,012,497 of offsetting collections shall be assessed and collected 

pursuant to section 9 of title I of the Communications Act of 

1934, shall be retained and used for necessary expenses and shall 

remain available until expended: Provided further, That the sum 

herein appropriated shall be reduced as such offsetting collections 

are received during fiscal year 2016 so as to result in a final 

fiscal year 2016 appropriation estimated at $0: Provided further, 

That any offsetting collections received in excess of $384,012,497 

in fiscal year 2016 shall not be available for obligation: Provided 

further, That remaining offsetting collections from prior years collected in excess of the amount specified for collection in each such 

year and otherwise becoming available on October 1, 2015, shall 

not be available for obligation: Provided further, That, notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the use of a competitive bidding system that may be retained and made available for 

obligation shall not exceed $117,000,000 for fiscal year 2016: Provided further, That, of the amount appropriated under this heading, 

not less than $11,600,000 shall be for the salaries and expenses 

of the Office of Inspector General. 

ADMINISTRATIVE PROVISIONS—FEDERAL COMMUNICATIONS

COMMISSION

SEC. 501. Section 302 of the Universal Service Antideficiency 

Temporary Suspension Act is amended by striking ‘‘December 31, 

2016’’, each place it appears and inserting ‘‘December 31, 2017’’. 

SEC. 502. None of the funds appropriated by this Act may 

be used by the Federal Communications Commission to modify, 

amend, or change its rules or regulations for universal service 

support payments to implement the February 27, 2004 recommendations of the Federal-State Joint Board on Universal Service 

regarding single connection or primary line restrictions on universal 

service support payments. 

FEDERAL DEPOSIT INSURANCE CORPORATION

OFFICE OF THE INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, 

$34,568,000, to be derived from the Deposit Insurance Fund or, 

only when appropriate, the FSLIC Resolution Fund. 


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129 STAT. 2450 PUBLIC LAW 114–113—DEC. 18, 2015 

FEDERAL ELECTION COMMISSION

SALARIES AND EXPENSES

For necessary expenses to carry out the provisions of the Federal Election Campaign Act of 1971, $76,119,000, of which 

$5,000,000 shall remain available until September 30, 2017, for 

lease expiration and replacement lease expenses; and of which 

not to exceed $5,000 shall be available for reception and representation expenses. 

FEDERAL LABOR RELATIONS AUTHORITY

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Federal 

Labor Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, and the Civil Service Reform Act of 1978, including 

services authorized by 5 U.S.C. 3109, and including hire of experts 

and consultants, hire of passenger motor vehicles, and including 

official reception and representation expenses (not to exceed $1,500) 

and rental of conference rooms in the District of Columbia and 

elsewhere, $26,200,000: Provided, That public members of the Federal Service Impasses Panel may be paid travel expenses and per 

diem in lieu of subsistence as authorized by law (5 U.S.C. 5703) 

for persons employed intermittently in the Government service, 

and compensation as authorized by 5 U.S.C. 3109: Provided further, 

That, notwithstanding 31 U.S.C. 3302, funds received from fees 

charged to non-Federal participants at labor-management relations 

conferences shall be credited to and merged with this account, 

to be available without further appropriation for the costs of carrying out these conferences. 

FEDERAL TRADE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Trade Commission, 

including uniforms or allowances therefor, as authorized by 5 U.S.C. 

5901–5902; services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and not to exceed $2,000 for official reception 

and representation expenses, $306,900,000, to remain available 

until expended: Provided, That not to exceed $300,000 shall be 

available for use to contract with a person or persons for collection 

services in accordance with the terms of 31 U.S.C. 3718: Provided 

further, That, notwithstanding any other provision of law, not to 

exceed $124,000,000 of offsetting collections derived from fees collected for premerger notification filings under the Hart-Scott-Rodino 

Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless 

of the year of collection, shall be retained and used for necessary 

expenses in this appropriation: Provided further, That, notwithstanding any other provision of law, not to exceed $14,000,000 

in offsetting collections derived from fees sufficient to implement 

and enforce the Telemarketing Sales Rule, promulgated under the 

Telemarketing and Consumer Fraud and Abuse Prevention Act 

(15 U.S.C. 6101 et seq.), shall be credited to this account, and 

be retained and used for necessary expenses in this appropriation: 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2451 

Provided further, That the sum herein appropriated from the general fund shall be reduced as such offsetting collections are received 

during fiscal year 2016, so as to result in a final fiscal year 2016 

appropriation from the general fund estimated at not more than 

$168,900,000: Provided further, That none of the funds made available to the Federal Trade Commission may be used to implement 

subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance 

Act (12 U.S.C. 1831t). 

GENERAL SERVICES ADMINISTRATION

REAL PROPERTY ACTIVITIES

FEDERAL BUILDINGS FUND

LIMITATIONS ON AVAILABILITY OF REVENUE

(INCLUDING TRANSFERS OF FUNDS)

Amounts in the Fund, including revenues and collections deposited into the Fund, shall be available for necessary expenses of 

real property management and related activities not otherwise provided for, including operation, maintenance, and protection of federally owned and leased buildings; rental of buildings in the District 

of Columbia; restoration of leased premises; moving governmental 

agencies (including space adjustments and telecommunications 

relocation expenses) in connection with the assignment, allocation, 

and transfer of space; contractual services incident to cleaning 

or servicing buildings, and moving; repair and alteration of federally 

owned buildings, including grounds, approaches, and appurtenances; care and safeguarding of sites; maintenance, preservation, 

demolition, and equipment; acquisition of buildings and sites by 

purchase, condemnation, or as otherwise authorized by law; acquisition of options to purchase buildings and sites; conversion and 

extension of federally owned buildings; preliminary planning and 

design of projects by contract or otherwise; construction of new 

buildings (including equipment for such buildings); and payment 

of principal, interest, and any other obligations for public buildings 

acquired by installment purchase and purchase contract; in the 

aggregate amount of $10,196,124,000, of which— 

(1) $1,607,738,000 shall remain available until expended 

for construction and acquisition (including funds for sites and 

expenses, and associated design and construction services) as 

follows: 

(A) $341,000,000 shall be for the DHS Consolidation 

at St. Elizabeths; 

(B) $105,600,000 shall be for the Alexandria Bay, New 

York, Land Port of Entry; 

(C) $85,645,000 shall be for the Columbus, New Mexico, 

Land Port of Entry; 

(D) $947,760,000 shall be for new construction projects 

of the Federal Judiciary as prioritized in the ‘‘Federal 

Judiciary Courthouse Project Priorities’’ plan approved by 

the Judicial Conference of the United States on September 

17, 2015, and submitted to the House and Senate Committees on Appropriations on September 28, 2015; 


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129 STAT. 2452 PUBLIC LAW 114–113—DEC. 18, 2015 

(E) $52,733,000 shall be for new construction and 

acquisition projects that are joint United States courthouses and Federal buildings, including U.S. Post Offices, 

on the ‘‘FY2015–FY2019 Five-Year Capital Investment 

Plan’’ submitted by the General Services Administration 

to the House and Senate Committees on Appropriations 

with the agency’s fiscal year 2016 Congressional Justification; and 

(F) $75,000,000 shall be for construction management 

and oversight activities, and other project support costs, 

for the FBI Headquarters Consolidation: 

Provided, That each of the foregoing limits of costs on new 

construction and acquisition projects may be exceeded to the 

extent that savings are effected in other such projects, but 

not to exceed 10 percent of the amounts included in a transmitted prospectus, if required, unless advance approval is 

obtained from the Committees on Appropriations of a greater 

amount; 

(2) $735,331,000 shall remain available until expended for 

repairs and alterations, including associated design and 

construction services, of which— 

(A) $310,331,000 is for Major Repairs and Alterations; 

(B) $300,000,000 is for Basic Repairs and Alterations; 

and 

(C) $125,000,000 is for Special Emphasis Programs, 

of which— 

(i) $20,000,000 is for Fire and Life Safety; 

(ii) $20,000,000 is for Judiciary Capital Security; 

(iii) $10,000,000 is for Energy and Water Retrofit 

and Conservation Measures; and 

(iv) $75,000,000 is for Consolidation Activities: Provided, That consolidation projects result in reduced 

annual rent paid by the tenant agency: Provided further, That no consolidation project exceed $20,000,000 

in costs: Provided further, That consolidation projects 

are approved by each of the committees specified in 

section 3307(a) of title 40, United States Code: Provided further, That preference is given to consolidation 

projects that achieve a utilization rate of 130 usable 

square feet or less per person for office space: Provided 

further, That the obligation of funds under this paragraph for consolidation activities may not be made 

until 10 days after a proposed spending plan and explanation for each project to be undertaken, including 

estimated savings, has been submitted to the Committees on Appropriations of the House of Representatives 

and the Senate: 

Provided, That funds made available in this or any previous 

Act in the Federal Buildings Fund for Repairs and Alterations 

shall, for prospectus projects, be limited to the amount identified for each project, except each project in this or any previous 

Act may be increased by an amount not to exceed 10 percent 

unless advance approval is obtained from the Committees on 

Appropriations of a greater amount: Provided further, That 

additional projects for which prospectuses have been fully 

approved may be funded under this category only if advance 

approval is obtained from the Committees on Appropriations: 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2453 

Provided further, That the amounts provided in this or any 

prior Act for ‘‘Repairs and Alterations’’ may be used to fund 

costs associated with implementing security improvements to 

buildings necessary to meet the minimum standards for security 

in accordance with current law and in compliance with the 

reprogramming guidelines of the appropriate Committees of 

the House and Senate: Provided further, That the difference 

between the funds appropriated and expended on any projects 

in this or any prior Act, under the heading ‘‘Repairs and Alterations’’, may be transferred to Basic Repairs and Alterations 

or used to fund authorized increases in prospectus projects: 

Provided further, That the amount provided in this or any 

prior Act for Basic Repairs and Alterations may be used to 

pay claims against the Government arising from any projects 

under the heading ‘‘Repairs and Alterations’’ or used to fund 

authorized increases in prospectus projects; 

(3) $5,579,055,000 for rental of space to remain available 

until expended; and 

(4) $2,274,000,000 for building operations to remain available until expended, of which $1,137,000,000 is for building 

services, and $1,137,000,000 is for salaries and expenses: Provided further, That not to exceed 5 percent of any appropriation 

made available under this paragraph for building operations 

may be transferred between and merged with such appropriations upon notification to the Committees on Appropriations 

of the House of Representatives and the Senate, but no such 

appropriation shall be increased by more than 5 percent by 

any such transfers: Provided further, That section 508 of this 

title shall not apply with respect to funds made available under 

this heading for building operations: Provided further, That 

the total amount of funds made available from this Fund to 

the General Services Administration shall not be available for 

expenses of any construction, repair, alteration and acquisition 

project for which a prospectus, if required by 40 U.S.C. 3307(a), 

has not been approved, except that necessary funds may be 

expended for each project for required expenses for the development of a proposed prospectus: Provided further, That funds 

available in the Federal Buildings Fund may be expended 

for emergency repairs when advance approval is obtained from 

the Committees on Appropriations: Provided further, That 

amounts necessary to provide reimbursable special services 

to other agencies under 40 U.S.C. 592(b)(2) and amounts to 

provide such reimbursable fencing, lighting, guard booths, and 

other facilities on private or other property not in Government 

ownership or control as may be appropriate to enable the United 

States Secret Service to perform its protective functions pursuant to 18 U.S.C. 3056, shall be available from such revenues 

and collections: Provided further, That revenues and collections 

and any other sums accruing to this Fund during fiscal year 

2016, excluding reimbursements under 40 U.S.C. 592(b)(2), in 

excess of the aggregate new obligational authority authorized 

for Real Property Activities of the Federal Buildings Fund 

in this Act shall remain in the Fund and shall not be available 

for expenditure except as authorized in appropriations Acts. 


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129 STAT. 2454 PUBLIC LAW 114–113—DEC. 18, 2015 

GENERAL ACTIVITIES

GOVERNMENT-WIDE POLICY

For expenses authorized by law, not otherwise provided for, 

for Government-wide policy and evaluation activities associated 

with the management of real and personal property assets and 

certain administrative services; Government-wide policy support 

responsibilities relating to acquisition, travel, motor vehicles, 

information technology management, and related technology activities; and services as authorized by 5 U.S.C. 3109; $58,000,000. 

OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For expenses authorized by law, not otherwise provided for, 

for Government-wide activities associated with utilization and donation of surplus personal property; disposal of real property; agencywide policy direction, management, and communications; the 

Civilian Board of Contract Appeals; and services as authorized 

by 5 U.S.C. 3109; $58,560,000, of which $25,979,000 is for Real 

and Personal Property Management and Disposal; $23,397,000 is 

for the Office of the Administrator, of which not to exceed $7,500 

is for official reception and representation expenses; and $9,184,000 

is for the Civilian Board of Contract Appeals: Provided, That not 

to exceed 5 percent of the appropriation made available under 

this heading for Office of the Administrator may be transferred 

to the appropriation for the Real and Personal Property Management and Disposal upon notification to the Committees on Appropriations of the House of Representatives and the Senate, but 

the appropriation for the Real and Personal Property Management 

and Disposal may not be increased by more than 5 percent by 

any such transfer. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General and service authorized by 5 U.S.C. 3109, $65,000,000, of which 

$2,000,000 is available until expended: Provided, That not to exceed 

$50,000 shall be available for payment for information and detection 

of fraud against the Government, including payment for recovery 

of stolen Government property: Provided further, That not to exceed 

$2,500 shall be available for awards to employees of other Federal 

agencies and private citizens in recognition of efforts and initiatives 

resulting in enhanced Office of Inspector General effectiveness. 

ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS

For carrying out the provisions of the Act of August 25, 1958 

(3 U.S.C. 102 note), and Public Law 95–138, $3,277,000. 

PRE-ELECTION PRESIDENTIAL TRANSITION

(INCLUDING TRANSFER OF FUNDS)

For activities authorized by the Pre-Election Presidential 

Transition Act of 2010 (Public Law 111–283), not to exceed 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2455 

$13,278,000, to remain available until September 30, 2017: Provided, That such amounts may be transferred and credited to 

‘‘Acquisition Services Fund’’ or ‘‘Federal Buildings Fund’’ to 

reimburse obligations incurred for the purposes provided herein 

in fiscal year 2015 and 2016: Provided further, That amounts made 

available under this heading shall be in addition to any other 

amounts available for such purposes. 

FEDERAL CITIZEN SERVICES FUND

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Office of Citizen Services and 

Innovative Technologies, including services authorized by 40 U.S.C. 

323 and 44 U.S.C. 3604; and for necessary expenses in support 

of interagency projects that enable the Federal Government to 

enhance its ability to conduct activities electronically, through the 

development and implementation of innovative uses of information 

technology; $55,894,000, to be deposited into the Federal Citizen 

Services Fund: Provided, That the previous amount may be transferred to Federal agencies to carry out the purpose of the Federal 

Citizen Services Fund: Provided further, That the appropriations, 

revenues, reimbursements, and collections deposited into the Fund 

shall be available until expended for necessary expenses of Federal 

Citizen Services and other activities that enable the Federal Government to enhance its ability to conduct activities electronically in 

the aggregate amount not to exceed $90,000,000: Provided further, That appropriations, revenues, reimbursements, and collections 

accruing to this Fund during fiscal year 2016 in excess of such 

amount shall remain in the Fund and shall not be available for 

expenditure except as authorized in appropriations Acts: Provided 

further, That any appropriations provided to the Electronic Government Fund that remain unobligated may be transferred to the 

Federal Citizen Services Fund: Provided further, That the transfer 

authorities provided herein shall be in addition to any other transfer 

authority provided in this Act. 

ADMINISTRATIVE PROVISIONS—GENERAL SERVICES ADMINISTRATION

(INCLUDING TRANSFER OF FUNDS)

SEC. 510. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles. 

SEC. 511. Funds in the Federal Buildings Fund made available 

for fiscal year 2016 for Federal Buildings Fund activities may 

be transferred between such activities only to the extent necessary 

to meet program requirements: Provided, That any proposed transfers shall be approved in advance by the Committees on Appropriations of the House of Representatives and the Senate. 

SEC. 512. Except as otherwise provided in this title, funds 

made available by this Act shall be used to transmit a fiscal year 

2017 request for United States Courthouse construction only if 

the request: (1) meets the design guide standards for construction 

as established and approved by the General Services Administration, the Judicial Conference of the United States, and the Office 

of Management and Budget; (2) reflects the priorities of the Judicial 

Conference of the United States as set out in its approved 5- 

year construction plan; and (3) includes a standardized courtroom 


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129 STAT. 2456 PUBLIC LAW 114–113—DEC. 18, 2015 

utilization study of each facility to be constructed, replaced, or 

expanded. 

SEC. 513. None of the funds provided in this Act may be 

used to increase the amount of occupiable square feet, provide 

cleaning services, security enhancements, or any other service usually provided through the Federal Buildings Fund, to any agency 

that does not pay the rate per square foot assessment for space 

and services as determined by the General Services Administration 

in consideration of the Public Buildings Amendments Act of 1972 

(Public Law 92–313). 

SEC. 514. From funds made available under the heading Federal 

Buildings Fund, Limitations on Availability of Revenue, claims 

against the Government of less than $250,000 arising from direct 

construction projects and acquisition of buildings may be liquidated 

from savings effected in other construction projects with prior 

notification to the Committees on Appropriations of the House 

of Representatives and the Senate. 

SEC. 515. In any case in which the Committee on Transportation and Infrastructure of the House of Representatives and the 

Committee on Environment and Public Works of the Senate adopt 

a resolution granting lease authority pursuant to a prospectus 

transmitted to Congress by the Administrator of the General Services Administration under 40 U.S.C. 3307, the Administrator shall 

ensure that the delineated area of procurement is identical to 

the delineated area included in the prospectus for all lease agreements, except that, if the Administrator determines that the delineated area of the procurement should not be identical to the delineated area included in the prospectus, the Administrator shall 

provide an explanatory statement to each of such committees and 

the Committees on Appropriations of the House of Representatives 

and the Senate prior to exercising any lease authority provided 

in the resolution. 

SEC. 516. With respect to each project funded under the heading 

‘‘Major Repairs and Alterations’’ or ‘‘Judiciary Capital Security Program’’, and with respect to E-Government projects funded under 

the heading ‘‘Federal Citizen Services Fund’’, the Administrator 

of General Services shall submit a spending plan and explanation 

for each project to be undertaken to the Committees on Appropriations of the House of Representatives and the Senate not later 

than 60 days after the date of enactment of this Act. 

SEC. 517. With respect to each project funded under the heading 

of ‘‘new construction projects of the Federal Judiciary’’, the General 

Services Administration, in consultation with the Administrative 

Office of the United States Courts, shall submit a spending plan 

and description for each project to be undertaken to the Committees 

on Appropriations of the House of Representatives and the Senate 

not later than 120 days after the date of enactment of this Act. 

SEC. 518. With respect to each project funded under the heading 

of ‘‘joint United States courthouses and Federal buildings, including 

U.S. Post Offices’’, the General Services Administration shall submit 

a spending plan and explanation for the projects to be undertaken 

to the Committees on Appropriations of the House of Representatives and the Senate not later than 60 days after the date of 

enactment of this Act. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2457 

HARRY S TRUMAN SCHOLARSHIP FOUNDATION

SALARIES AND EXPENSES

For payment to the Harry S Truman Scholarship Foundation 

Trust Fund, established by section 10 of Public Law 93–642, 

$1,000,000, to remain available until expended. 

MERIT SYSTEMS PROTECTION BOARD

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out functions of the Merit 

Systems Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the Civil Service Reform Act of 1978, and the 

Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note), including 

services as authorized by 5 U.S.C. 3109, rental of conference rooms 

in the District of Columbia and elsewhere, hire of passenger motor 

vehicles, direct procurement of survey printing, and not to exceed 

$2,000 for official reception and representation expenses, 

$44,490,000, to remain available until September 30, 2017, and 

in addition not to exceed $2,345,000, to remain available until 

September 30, 2017, for administrative expenses to adjudicate 

retirement appeals to be transferred from the Civil Service Retirement and Disability Fund in amounts determined by the Merit 

Systems Protection Board. 

MORRIS K. UDALL AND STEWART L. UDALL FOUNDATION

MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND

(INCLUDING TRANSFER OF FUNDS)

For payment to the Morris K. Udall and Stewart L. Udall 

Trust Fund, pursuant to the Morris K. Udall and Stewart L. Udall 

Foundation Act (20 U.S.C. 5601 et seq.), $1,995,000, to remain 

available until expended, of which, notwithstanding sections 8 and 

9 of such Act: (1) up to $50,000 shall be used to conduct financial 

audits pursuant to the Accountability of Tax Dollars Act of 2002 

(Public Law 107–289); and (2) up to $1,000,000 shall be available 

to carry out the activities authorized by section 6(7) of Public 

Law 102–259 and section 817(a) of Public Law 106–568 (20 U.S.C. 

5604(7)): Provided, That of the total amount made available under 

this heading $200,000 shall be transferred to the Office of Inspector 

General of the Department of the Interior, to remain available 

until expended, for audits and investigations of the Morris K. Udall 

and Stewart L. Udall Foundation, consistent with the Inspector 

General Act of 1978 (5 U.S.C. App.). 

ENVIRONMENTAL DISPUTE RESOLUTION FUND

For payment to the Environmental Dispute Resolution Fund 

to carry out activities authorized in the Environmental Policy and 

Conflict Resolution Act of 1998, $3,400,000, to remain available 

until expended. 


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129 STAT. 2458 PUBLIC LAW 114–113—DEC. 18, 2015 

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

OPERATING EXPENSES

For necessary expenses in connection with the administration 

of the National Archives and Records Administration and archived 

Federal records and related activities, as provided by law, and 

for expenses necessary for the review and declassification of documents, the activities of the Public Interest Declassification Board, 

the operations and maintenance of the electronic records archives, 

the hire of passenger motor vehicles, and for uniforms or allowances 

therefor, as authorized by law (5 U.S.C. 5901), including maintenance, repairs, and cleaning, $372,393,000. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Reform Act 

of 2008, Public Law 110–409, 122 Stat. 4302–16 (2008), and the 

Inspector General Act of 1978 (5 U.S.C. App.), and for the hire 

of passenger motor vehicles, $4,180,000. 

REPAIRS AND RESTORATION

For the repair, alteration, and improvement of archives facili- ties, and to provide adequate storage for holdings, $7,500,000, to 

remain available until expended: Provided, That from amounts 

made available under this heading in Public Laws 111–8 and 111– 

117 for necessary expenses related to the repair and renovation 

of the Franklin D. Roosevelt Presidential Library and Museum 

in Hyde Park, New York, the remaining unobligated balances shall 

be available to implement the National Archives and Records 

Administration Capital Improvement Plan. 

NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION

GRANTS PROGRAM

For necessary expenses for allocations and grants for historical 

publications and records as authorized by 44 U.S.C. 2504, 

$5,000,000, to remain available until expended. 

NATIONAL CREDIT UNION ADMINISTRATION

COMMUNITY DEVELOPMENT REVOLVING LOAN FUND

For the Community Development Revolving Loan Fund program as authorized by 42 U.S.C. 9812, 9822 and 9910, $2,000,000 

shall be available until September 30, 2017, for technical assistance 

to low-income designated credit unions. 

OFFICE OF GOVERNMENT ETHICS

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Office 

of Government Ethics pursuant to the Ethics in Government Act 

of 1978, the Ethics Reform Act of 1989, and the Stop Trading 

on Congressional Knowledge Act of 2012, including services as 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2459 

authorized by 5 U.S.C. 3109, rental of conference rooms in the 

District of Columbia and elsewhere, hire of passenger motor 

vehicles, and not to exceed $1,500 for official reception and representation expenses, $15,742,000. 

OFFICE OF PERSONNEL MANAGEMENT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

For necessary expenses to carry out functions of the Office 

of Personnel Management (OPM) pursuant to Reorganization Plan 

Numbered 2 of 1978 and the Civil Service Reform Act of 1978, 

including services as authorized by 5 U.S.C. 3109; medical examinations performed for veterans by private physicians on a fee basis; 

rental of conference rooms in the District of Columbia and elsewhere; hire of passenger motor vehicles; not to exceed $2,500 for 

official reception and representation expenses; advances for 

reimbursements to applicable funds of OPM and the Federal Bureau 

of Investigation for expenses incurred under Executive Order No. 

10422 of January 9, 1953, as amended; and payment of per diem 

and/or subsistence allowances to employees where Voting Rights 

Act activities require an employee to remain overnight at his or 

her post of duty, $120,688,000, of which $2,500,000 shall remain 

available until expended for Federal investigations enhancements, 

and of which $616,000 may be for strengthening the capacity and 

capabilities of the acquisition workforce (as defined by the Office 

of Federal Procurement Policy Act, as amended (41 U.S.C. 4001 

et seq.)), including the recruitment, hiring, training, and retention 

of such workforce and information technology in support of acquisition workforce effectiveness or for management solutions to improve 

acquisition management; and in addition $124,550,000 for administrative expenses, to be transferred from the appropriate trust funds 

of OPM without regard to other statutes, including direct procurement of printed materials, for the retirement and insurance programs: Provided, That the provisions of this appropriation shall 

not affect the authority to use applicable trust funds as provided 

by sections 8348(a)(1)(B), 8958(f)(2)(A), 8988(f)(2)(A), and 

9004(f)(2)(A) of title 5, United States Code: Provided further, That 

no part of this appropriation shall be available for salaries and 

expenses of the Legal Examining Unit of OPM established pursuant 

to Executive Order No. 9358 of July 1, 1943, or any successor 

unit of like purpose: Provided further, That the President’s Commission on White House Fellows, established by Executive Order No. 

11183 of October 3, 1964, may, during fiscal year 2016, accept 

donations of money, property, and personal services: Provided further, That such donations, including those from prior years, may 

be used for the development of publicity materials to provide 

information about the White House Fellows, except that no such 

donations shall be accepted for travel or reimbursement of travel 

expenses, or for the salaries of employees of such Commission. 


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129 STAT. 2460 PUBLIC LAW 114–113—DEC. 18, 2015 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

For necessary expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, 

including services as authorized by 5 U.S.C. 3109, hire of passenger 

motor vehicles, $4,365,000, and in addition, not to exceed 

$22,479,000 for administrative expenses to audit, investigate, and 

provide other oversight of the Office of Personnel Management’s 

retirement and insurance programs, to be transferred from the 

appropriate trust funds of the Office of Personnel Management, 

as determined by the Inspector General: Provided, That the 

Inspector General is authorized to rent conference rooms in the 

District of Columbia and elsewhere. 

OFFICE OF SPECIAL COUNSEL

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Office 

of Special Counsel pursuant to Reorganization Plan Numbered 2 

of 1978, the Civil Service Reform Act of 1978 (Public Law 95– 

454), the Whistleblower Protection Act of 1989 (Public Law 101– 

12) as amended by Public Law 107–304, the Whistleblower Protection Enhancement Act of 2012 (Public Law 112–199), and the Uniformed Services Employment and Reemployment Rights Act of 1994 

(Public Law 103–353), including services as authorized by 5 U.S.C. 

3109, payment of fees and expenses for witnesses, rental of conference rooms in the District of Columbia and elsewhere, and hire 

of passenger motor vehicles; $24,119,000. 

POSTAL REGULATORY COMMISSION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Postal Regulatory Commission 

in carrying out the provisions of the Postal Accountability and 

Enhancement Act (Public Law 109–435), $15,200,000, to be derived 

by transfer from the Postal Service Fund and expended as authorized by section 603(a) of such Act. 

PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD

SALARIES AND EXPENSES

For necessary expenses of the Privacy and Civil Liberties Oversight Board, as authorized by section 1061 of the Intelligence 

Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), 

$21,297,000, to remain available until September 30, 2017. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2461 

SECURITIES AND EXCHANGE COMMISSION

SALARIES AND EXPENSES

For necessary expenses for the Securities and Exchange 

Commission, including services as authorized by 5 U.S.C. 3109, 

the rental of space (to include multiple year leases) in the District 

of Columbia and elsewhere, and not to exceed $3,500 for official 

reception and representation expenses, $1,605,000,000, to remain 

available until expended; of which not less than $11,315,971 shall 

be for the Office of Inspector General; of which not to exceed 

$75,000 shall be available for a permanent secretariat for the International Organization of Securities Commissions; of which not to 

exceed $100,000 shall be available for expenses for consultations 

and meetings hosted by the Commission with foreign governmental 

and other regulatory officials, members of their delegations and 

staffs to exchange views concerning securities matters, such 

expenses to include necessary logistic and administrative expenses 

and the expenses of Commission staff and foreign invitees in attendance including: (1) incidental expenses such as meals; (2) travel 

and transportation; and (3) related lodging or subsistence; and 

of which not less than $68,223,000 shall be for the Division of 

Economic and Risk Analysis: Provided, That fees and charges 

authorized by section 31 of the Securities Exchange Act of 1934 

(15 U.S.C. 78ee) shall be credited to this account as offsetting 

collections: Provided further, That not to exceed $1,605,000,000 

of such offsetting collections shall be available until expended for 

necessary expenses of this account: Provided further, That the total 

amount appropriated under this heading from the general fund 

for fiscal year 2016 shall be reduced as such offsetting fees are 

received so as to result in a final total fiscal year 2016 appropriation 

from the general fund estimated at not more than $0. 

SELECTIVE SERVICE SYSTEM

SALARIES AND EXPENSES

For necessary expenses of the Selective Service System, 

including expenses of attendance at meetings and of training for 

uniformed personnel assigned to the Selective Service System, as 

authorized by 5 U.S.C. 4101–4118 for civilian employees; hire of 

passenger motor vehicles; services as authorized by 5 U.S.C. 3109; 

and not to exceed $750 for official reception and representation 

expenses; $22,703,000: Provided, That during the current fiscal 

year, the President may exempt this appropriation from the provisions of 31 U.S.C. 1341, whenever the President deems such action 

to be necessary in the interest of national defense: Provided further, 

That none of the funds appropriated by this Act may be expended 

for or in connection with the induction of any person into the 

Armed Forces of the United States. 

SMALL BUSINESS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the Small 

Business Administration, including hire of passenger motor vehicles 

as authorized by sections 1343 and 1344 of title 31, United States 


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129 STAT. 2462 PUBLIC LAW 114–113—DEC. 18, 2015 

Code, and not to exceed $3,500 for official reception and representation expenses, $268,000,000, of which not less than $12,000,000 

shall be available for examinations, reviews, and other lender oversight activities: Provided, That the Administrator is authorized 

to charge fees to cover the cost of publications developed by the 

Small Business Administration, and certain loan program activities, 

including fees authorized by section 5(b) of the Small Business 

Act: Provided further, That, notwithstanding 31 U.S.C. 3302, revenues received from all such activities shall be credited to this 

account, to remain available until expended, for carrying out these 

purposes without further appropriations: Provided further, That 

the Small Business Administration may accept gifts in an amount 

not to exceed $4,000,000 and may co-sponsor activities, each in 

accordance with section 132(a) of division K of Public Law 108– 

447, during fiscal year 2016: Provided further, That $6,100,000 

shall be available for the Loan Modernization and Accounting 

System, to be available until September 30, 2017: Provided further, 

That $3,000,000 shall be for the Federal and State Technology 

Partnership Program under section 34 of the Small Business Act 

(15 U.S.C. 657d). 

ENTREPRENEURIAL DEVELOPMENT PROGRAMS

For necessary expenses of programs supporting entrepreneurial 

and small business development, $231,100,000, to remain available 

until September 30, 2017: Provided, That $117,000,000 shall be 

available to fund grants for performance in fiscal year 2016 or 

fiscal year 2017 as authorized by section 21 of the Small Business 

Act: Provided further, That $25,000,000 shall be for marketing, 

management, and technical assistance under section 7(m) of the 

Small Business Act (15 U.S.C. 636(m)(4)) by intermediaries that 

make microloans under the microloan program: Provided further, 

That $18,000,000 shall be available for grants to States to carry 

out export programs that assist small business concerns authorized 

under section 1207 of Public Law 111–240. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, 

$19,900,000. 

OFFICE OF ADVOCACY

For necessary expenses of the Office of Advocacy in carrying 

out the provisions of title II of Public Law 94–305 (15 U.S.C. 

634a et seq.) and the Regulatory Flexibility Act of 1980 (5 U.S.C. 

601 et seq.), $9,120,000, to remain available until expended. 

BUSINESS LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans, $3,338,172, to remain available 

until expended: Provided, That such costs, including the cost of 

modifying such loans, shall be as defined in section 502 of the 

Congressional Budget Act of 1974: Provided further, That subject 

to section 502 of the Congressional Budget Act of 1974, during 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2463 

fiscal year 2016 commitments to guarantee loans under section 

503 of the Small Business Investment Act of 1958 shall not exceed 

$7,500,000,000: Provided further, That during fiscal year 2016 

commitments for general business loans authorized under section 

7(a) of the Small Business Act shall not exceed $26,500,000,000 

for a combination of amortizing term loans and the aggregated 

maximum line of credit provided by revolving loans: Provided further, That during fiscal year 2016 commitments for loans authorized 

under subparagraph (C) of section 502(7) of The Small Business 

Investment Act of 1958 (15 U.S.C. 696(7)) shall not exceed 

$7,500,000,000: Provided further, That during fiscal year 2016 

commitments to guarantee loans for debentures under section 303(b) 

of the Small Business Investment Act of 1958 shall not exceed 

$4,000,000,000: Provided further, That during fiscal year 2016, 

guarantees of trust certificates authorized by section 5(g) of the 

Small Business Act shall not exceed a principal amount of 

$12,000,000,000. In addition, for administrative expenses to carry 

out the direct and guaranteed loan programs, $152,725,828, which 

may be transferred to and merged with the appropriations for 

Salaries and Expenses. 

DISASTER LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For administrative expenses to carry out the direct loan program authorized by section 7(b) of the Small Business Act, 

$186,858,000, to be available until expended, of which $1,000,000 

is for the Office of Inspector General of the Small Business Administration for audits and reviews of disaster loans and the disaster 

loan programs and shall be transferred to and merged with the 

appropriations for the Office of Inspector General; of which 

$176,858,000 is for direct administrative expenses of loan making 

and servicing to carry out the direct loan program, which may 

be transferred to and merged with the appropriations for Salaries 

and Expenses; and of which $9,000,000 is for indirect administrative 

expenses for the direct loan program, which may be transferred 

to and merged with the appropriations for Salaries and Expenses. 

ADMINISTRATIVE PROVISIONS—SMALL BUSINESS ADMINISTRATION

(INCLUDING TRANSFER OF FUNDS)

SEC. 520. Not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Small Business Administration in this Act may be transferred between such appropriations, 

but no such appropriation shall be increased by more than 10 

percent by any such transfers: Provided, That any transfer pursuant 

to this paragraph shall be treated as a reprogramming of funds 

under section 608 of this Act and shall not be available for obligation 

or expenditure except in compliance with the procedures set forth 

in that section. 

SEC. 521. (a) Subparagraph (C) of section 502(7) of the Small 

Business Investment Act of 1958 (15 U.S.C. 696(7)), as in effect 

on September 25, 2012, shall be in effect in any fiscal year during 

which the cost to the Federal Government of making guarantees 

under such subparagraph (C) and section 503 of the Small Business 

Investment Act of 1958 (15 U.S.C. 697) is zero, except that— 

15 USC 696 note. 


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129 STAT. 2464 PUBLIC LAW 114–113—DEC. 18, 2015 

(1) subclause (I)(bb) and subclause (II) of clause (iv) of 

such subparagraph (C) shall not be in effect; 

(2) unless, upon application by a development company 

and after determining that the refinance loan is needed for 

good cause, the Administrator of the Small Business Administration waives this paragraph, a development company shall 

limit its financings under section 502 of the Small Business 

Investment Act of 1958 (15 U.S.C. 696) so that, during any 

fiscal year, new financings under such subparagraph (C) shall 

not exceed 50 percent of the dollars loaned under title V of 

the Small Business Investment Act of 1958 (15 U.S.C. 695 

et seq.) during the previous fiscal year; and 

(3) clause (iv)(I)(aa) of such subparagraph (C) shall be 

applied by substituting ‘‘job creation and retention’’ for ‘‘job 

creation’’. 

(b) Section 303(b)(2)(B) of the Small Business Investment Act 

of 1958 (15 U.S.C. 683(b)(2)(B)) is amended by striking 

‘‘$225,000,000’’ and inserting ‘‘$350,000,000’’. 

UNITED STATES POSTAL SERVICE

PAYMENT TO THE POSTAL SERVICE FUND

For payment to the Postal Service Fund for revenue forgone 

on free and reduced rate mail, pursuant to subsections (c) and 

(d) of section 2401 of title 39, United States Code, $55,075,000: 

Provided, That mail for overseas voting and mail for the blind 

shall continue to be free: Provided further, That 6-day delivery 

and rural delivery of mail shall continue at not less than the 

1983 level: Provided further, That none of the funds made available 

to the Postal Service by this Act shall be used to implement any 

rule, regulation, or policy of charging any officer or employee of 

any State or local child support enforcement agency, or any individual participating in a State or local program of child support 

enforcement, a fee for information requested or provided concerning 

an address of a postal customer: Provided further, That none of 

the funds provided in this Act shall be used to consolidate or 

close small rural and other small post offices. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, 

$248,600,000, to be derived by transfer from the Postal Service 

Fund and expended as authorized by section 603(b)(3) of the Postal 

Accountability and Enhancement Act (Public Law 109–435). 

UNITED STATES TAX COURT

SALARIES AND EXPENSES

For necessary expenses, including contract reporting and other 

services as authorized by 5 U.S.C. 3109, $51,300,000: Provided, 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2465 

That travel expenses of the judges shall be paid upon the written 

certificate of the judge. 

TITLE VI 

GENERAL PROVISIONS—THIS ACT 

(INCLUDING RESCISSION)

SEC. 601. None of the funds in this Act shall be used for 

the planning or execution of any program to pay the expenses 

of, or otherwise compensate, non-Federal parties intervening in 

regulatory or adjudicatory proceedings funded in this Act. 

SEC. 602. None of the funds appropriated in this Act shall 

remain available for obligation beyond the current fiscal year, nor 

may any be transferred to other appropriations, unless expressly 

so provided herein. 

SEC. 603. The expenditure of any appropriation under this 

Act for any consulting service through procurement contract pursuant to 5 U.S.C. 3109, shall be limited to those contracts where 

such expenditures are a matter of public record and available 

for public inspection, except where otherwise provided under 

existing law, or under existing Executive order issued pursuant 

to existing law. 

SEC. 604. None of the funds made available in this Act may 

be transferred to any department, agency, or instrumentality of 

the United States Government, except pursuant to a transfer made 

by, or transfer authority provided in, this Act or any other appropriations Act. 

SEC. 605. None of the funds made available by this Act shall 

be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to 

a Government employee would result in a decision, determination, 

rule, regulation, or policy that would prohibit the enforcement of 

section 307 of the Tariff Act of 1930 (19 U.S.C. 1307). 

SEC. 606. No funds appropriated pursuant to this Act may 

be expended by an entity unless the entity agrees that in expending 

the assistance the entity will comply with chapter 83 of title 41, 

United States Code. 

SEC. 607. No funds appropriated or otherwise made available 

under this Act shall be made available to any person or entity 

that has been convicted of violating chapter 83 of title 41, United 

States Code. 

SEC. 608. Except as otherwise provided in this Act, none of 

the funds provided in this Act, provided by previous appropriations 

Acts to the agencies or entities funded in this Act that remain 

available for obligation or expenditure in fiscal year 2016, or provided from any accounts in the Treasury derived by the collection 

of fees and available to the agencies funded by this Act, shall 

be available for obligation or expenditure through a reprogramming 

of funds that: (1) creates a new program; (2) eliminates a program, 

project, or activity; (3) increases funds or personnel for any program, 

project, or activity for which funds have been denied or restricted 

by the Congress; (4) proposes to use funds directed for a specific 

activity by the Committee on Appropriations of either the House 

of Representatives or the Senate for a different purpose; (5) augments existing programs, projects, or activities in excess of 


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129 STAT. 2466 PUBLIC LAW 114–113—DEC. 18, 2015 

$5,000,000 or 10 percent, whichever is less; (6) reduces existing 

programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or (7) creates or reorganizes offices, programs, or 

activities unless prior approval is received from the Committees 

on Appropriations of the House of Representatives and the Senate: 

Provided, That prior to any significant reorganization or restructuring of offices, programs, or activities, each agency or entity 

funded in this Act shall consult with the Committees on Appropriations of the House of Representatives and the Senate: Provided 

further, That not later than 60 days after the date of enactment 

of this Act, each agency funded by this Act shall submit a report 

to the Committees on Appropriations of the House of Representatives and the Senate to establish the baseline for application of 

reprogramming and transfer authorities for the current fiscal year: 

Provided further, That at a minimum the report shall include: 

(1) a table for each appropriation with a separate column to display 

the President’s budget request, adjustments made by Congress, 

adjustments due to enacted rescissions, if appropriate, and the 

fiscal year enacted level; (2) a delineation in the table for each 

appropriation both by object class and program, project, and activity 

as detailed in the budget appendix for the respective appropriation; 

and (3) an identification of items of special congressional interest: 

Provided further, That the amount appropriated or limited for salaries and expenses for an agency shall be reduced by $100,000 

per day for each day after the required date that the report has 

not been submitted to the Congress. 

SEC. 609. Except as otherwise specifically provided by law, 

not to exceed 50 percent of unobligated balances remaining available 

at the end of fiscal year 2016 from appropriations made available 

for salaries and expenses for fiscal year 2016 in this Act, shall 

remain available through September 30, 2017, for each such account 

for the purposes authorized: Provided, That a request shall be 

submitted to the Committees on Appropriations of the House of 

Representatives and the Senate for approval prior to the expenditure of such funds: Provided further, That these requests shall 

be made in compliance with reprogramming guidelines. 

SEC. 610. (a) None of the funds made available in this Act 

may be used by the Executive Office of the President to request— 

(1) any official background investigation report on any individual from the Federal Bureau of Investigation; or 

(2) a determination with respect to the treatment of an 

organization as described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 

501(a) of such Code from the Department of the Treasury 

or the Internal Revenue Service. 

(b) Subsection (a) shall not apply— 

(1) in the case of an official background investigation report, 

if such individual has given express written consent for such 

request not more than 6 months prior to the date of such 

request and during the same presidential administration; or 

(2) if such request is required due to extraordinary circumstances involving national security. 

SEC. 611. The cost accounting standards promulgated under 

chapter 15 of title 41, United States Code shall not apply with 

respect to a contract under the Federal Employees Health Benefits 

Program established under chapter 89 of title 5, United States 

Code. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2467 

SEC. 612. For the purpose of resolving litigation and implementing any settlement agreements regarding the nonforeign area 

cost-of-living allowance program, the Office of Personnel Management may accept and utilize (without regard to any restriction 

on unanticipated travel expenses imposed in an Appropriations 

Act) funds made available to the Office of Personnel Management 

pursuant to court approval. 

SEC. 613. No funds appropriated by this Act shall be available 

to pay for an abortion, or the administrative expenses in connection 

with any health plan under the Federal employees health benefits 

program which provides any benefits or coverage for abortions. 

SEC. 614. The provision of section 613 shall not apply where 

the life of the mother would be endangered if the fetus were carried 

to term, or the pregnancy is the result of an act of rape or incest. 

SEC. 615. In order to promote Government access to commercial 

information technology, the restriction on purchasing nondomestic 

articles, materials, and supplies set forth in chapter 83 of title 

41, United States Code (popularly known as the Buy American 

Act), shall not apply to the acquisition by the Federal Government 

of information technology (as defined in section 11101 of title 40, 

United States Code), that is a commercial item (as defined in 

section 103 of title 41, United States Code). 

SEC. 616. Notwithstanding section 1353 of title 31, United 

States Code, no officer or employee of any regulatory agency or 

commission funded by this Act may accept on behalf of that agency, 

nor may such agency or commission accept, payment or reimbursement from a non-Federal entity for travel, subsistence, or related 

expenses for the purpose of enabling an officer or employee to 

attend and participate in any meeting or similar function relating 

to the official duties of the officer or employee when the entity 

offering payment or reimbursement is a person or entity subject 

to regulation by such agency or commission, or represents a person 

or entity subject to regulation by such agency or commission, unless 

the person or entity is an organization described in section 501(c)(3) 

of the Internal Revenue Code of 1986 and exempt from tax under 

section 501(a) of such Code. 

SEC. 617. Notwithstanding section 708 of this Act, funds made 

available to the Commodity Futures Trading Commission and the 

Securities and Exchange Commission by this or any other Act 

may be used for the interagency funding and sponsorship of a 

joint advisory committee to advise on emerging regulatory issues. 

SEC. 618. (a)(1) Notwithstanding any other provision of law, 

an Executive agency covered by this Act otherwise authorized to 

enter into contracts for either leases or the construction or alteration 

of real property for office, meeting, storage, or other space must 

consult with the General Services Administration before issuing 

a solicitation for offers of new leases or construction contracts, 

and in the case of succeeding leases, before entering into negotiations with the current lessor. 

(2) Any such agency with authority to enter into an emergency 

lease may do so during any period declared by the President to 

require emergency leasing authority with respect to such agency. 

(b) For purposes of this section, the term ‘‘Executive agency 

covered by this Act’’ means any Executive agency provided funds 

by this Act, but does not include the General Services Administration or the United States Postal Service. 


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129 STAT. 2468 PUBLIC LAW 114–113—DEC. 18, 2015 

SEC. 619. (a) There are appropriated for the following activities 

the amounts required under current law: 

(1) Compensation of the President (3 U.S.C. 102). 

(2) Payments to— 

(A) the Judicial Officers’ Retirement Fund (28 U.S.C. 

377(o)); 

(B) the Judicial Survivors’ Annuities Fund (28 U.S.C. 

376(c)); and 

(C) the United States Court of Federal Claims Judges’ 

Retirement Fund (28 U.S.C. 178(l)). 

(3) Payment of Government contributions— 

(A) with respect to the health benefits of retired 

employees, as authorized by chapter 89 of title 5, United 

States Code, and the Retired Federal Employees Health 

Benefits Act (74 Stat. 849); and 

(B) with respect to the life insurance benefits for 

employees retiring after December 31, 1989 (5 U.S.C. ch. 

87). 

(4) Payment to finance the unfunded liability of new and 

increased annuity benefits under the Civil Service Retirement 

and Disability Fund (5 U.S.C. 8348). 

(5) Payment of annuities authorized to be paid from the 

Civil Service Retirement and Disability Fund by statutory 

provisions other than subchapter III of chapter 83 or chapter 

84 of title 5, United States Code. 

(b) Nothing in this section may be construed to exempt any 

amount appropriated by this section from any otherwise applicable 

limitation on the use of funds contained in this Act. 

SEC. 620. The Public Company Accounting Oversight Board 

(Board) shall have authority to obligate funds for the scholarship 

program established by section 109(c)(2) of the Sarbanes-Oxley Act 

of 2002 (Public Law 107–204) in an aggregate amount not exceeding 

the amount of funds collected by the Board as of December 31, 

2015, including accrued interest, as a result of the assessment 

of monetary penalties. Funds available for obligation in fiscal year 

2016 shall remain available until expended. 

SEC. 621. None of the funds made available in this Act may 

be used by the Federal Trade Commission to complete the draft 

report entitled ‘‘Interagency Working Group on Food Marketed to 

Children: Preliminary Proposed Nutrition Principles to Guide 

Industry Self-Regulatory Efforts’’ unless the Interagency Working 

Group on Food Marketed to Children complies with Executive Order 

No. 13563. 

SEC. 622. None of the funds made available by this Act may 

be used to pay the salaries and expenses for the following positions: 

(1) Director, White House Office of Health Reform. 

(2) Assistant to the President for Energy and Climate 

Change. 

(3) Senior Advisor to the Secretary of the Treasury assigned 

to the Presidential Task Force on the Auto Industry and Senior 

Counselor for Manufacturing Policy. 

(4) White House Director of Urban Affairs. 

SEC. 623. None of the funds in this Act may be used for 

the Director of the Office of Personnel Management to award a 

contract, enter an extension of, or exercise an option on a contract 

to a contractor conducting the final quality review processes for 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2469 

background investigation fieldwork services or background investigation support services that, as of the date of the award of the 

contract, are being conducted by that contractor. 

SEC. 624. (a) The head of each executive branch agency funded 

by this Act shall ensure that the Chief Information Officer of 

the agency has the authority to participate in decisions regarding 

the budget planning process related to information technology. 

(b) Amounts appropriated for any executive branch agency 

funded by this Act that are available for information technology 

shall be allocated within the agency, consistent with the provisions 

of appropriations Acts and budget guidelines and recommendations 

from the Director of the Office of Management and Budget, in 

such manner as specified by, or approved by, the Chief Information 

Officer of the agency in consultation with the Chief Financial Officer 

of the agency and budget officials. 

SEC. 625. None of the funds made available in this Act may 

be used in contravention of chapter 29, 31, or 33 of title 44, United 

States Code. 

SEC. 626. From the unobligated balances available in the Securities and Exchange Commission Reserve Fund established by section 991 of the Dodd-Frank Wall Street Reform and Consumer 

Protection Act (Public Law 111–203), $25,000,000 are rescinded. 

SEC. 627. None of the funds made available in this Act may 

be used by a governmental entity to require the disclosure by 

a provider of electronic communication service to the public or 

remote computing service of the contents of a wire or electronic 

communication that is in electronic storage with the provider (as 

such terms are defined in sections 2510 and 2711 of title 18, 

United States Code) in a manner that violates the Fourth Amendment to the Constitution of the United States. 

SEC. 628. Beginning on the date of enactment of this Act, 

in the current fiscal year and continuing through September 30, 

2025, the Further Notice of Proposed Rulemaking and Report and 

Order adopted by the Federal Communications Commission on 

March 31, 2014 (FCC 14–28), and the amendments to the rules 

of the Commission adopted in such Further Notice of Proposed 

Rulemaking and Report and Order, shall not apply to a joint sales 

agreement (as defined in Note 2(k) to section 73.3555 of title 47, 

Code of Federal Regulations) that was in effect on March 31, 2014, 

and a rule of the Commission amended by such an amendment 

shall apply to such agreement as such rule was in effect on the 

day before the effective date of such amendment. A party to a 

joint sales agreement that was in effect on March 31, 2014, shall 

not be considered to be in violation of the ownership limitations 

of section 73.3555 of title 47, Code of Federal Regulations, by 

reason of the application of the rule in Note 2(k)(2), as so amended, 

to the joint sales agreement. 

SEC. 629. During fiscal year 2016, none of the amounts made 

available by this Act may be used to finalize or implement the 

Safety Standard for Recreational Off-Highway Vehicles published 

by the Consumer Product Safety Commission in the Federal Register on November 19, 2014 (79 Fed. Reg. 68964) until after— 

(1) the National Academy of Sciences, in consultation with 

the National Highway Traffic Safety Administration and the 

Department of Defense, completes a study to determine— 

(A) the technical validity of the lateral stability and 

vehicle handling requirements proposed by such standard 


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129 STAT. 2470 PUBLIC LAW 114–113—DEC. 18, 2015 

for purposes of reducing the risk of Recreational Off-Highway Vehicle (referred to in this section as ‘‘ROV’’) rollovers 

in the off-road environment, including the repeatability 

and reproducibility of testing for compliance with such 

requirements; 

(B) the number of ROV rollovers that would be prevented if the proposed requirements were adopted; 

(C) whether there is a technical basis for the proposal 

to provide information on a point-of-sale hangtag about 

a ROV’s rollover resistance on a progressive scale; and 

(D) the effect on the utility of ROVs used by the United 

States military if the proposed requirements were adopted; 

and 

(2) a report containing the results of the study completed 

under paragraph (1) is delivered to— 

(A) the Committee on Commerce, Science, and 

Transportation of the Senate; 

(B) the Committee on Energy and Commerce of the 

House of Representatives; 

(C) the Committee on Appropriations of the Senate; 

and 

(D) the Committee on Appropriations of the House 

of Representatives. 

SEC. 630. Notwithstanding any other provision of law, not 

to exceed $2,266,085 of unobligated balances from ‘‘Election Assistance Commission, Election Reform Programs’’ shall be available 

to record a disbursement previously incurred under that heading 

in fiscal year 2014 against a 2008 cancelled account. 

SEC. 631. None of the funds appropriated by this Act may 

be used by the Federal Communications Commission to modify, 

amend, or change the rules or regulations of the Commission for 

universal service high-cost support for competitive eligible telecommunications carriers in a way that is inconsistent with paragraph (e)(5) or (e)(6) of section 54.307 of title 47, Code of Federal 

Regulations, as in effect on July 15, 2015: Provided, That this 

section shall not prohibit the Commission from considering, developing, or adopting other support mechanisms as an alternative 

to Mobility Fund Phase II. 

SEC. 632. (a) The Office of Personnel Management shall provide 

to each affected individual as defined in subsection (b) complimentary identity protection coverage that— 

(1) is not less comprehensive than the complimentary 

identity protection coverage that the Office provided to affected 

individuals before the date of enactment of this Act; 

(2) is effective for a period of not less than 10 years; 

and 

(3) includes not less than $5,000,000 in identity theft insurance. 

(b) DEFINITION.—In this section, the term ‘‘affected individual’’ 

means any individual whose Social Security Number was compromised during— 

(1) the data breach of personnel records of current and 

former Federal employees, at a network maintained by the 

Department of the Interior, that was announced by the Office 

of Personnel Management on June 4, 2015; or 

(2) the data breach of systems of the Office of Personnel 

Management containing information related to the background 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2471 

investigations of current, former, and prospective Federal 

employees, and of other individuals. 

SEC. 633. Sections 1101(a) and 1104(a)(2)(A) of the Internet 

Tax Freedom Act (title XI of division C of Public Law 105–277; 

47 U.S.C. 151 note) shall be applied by substituting ‘‘October 1, 

2016’’ for ‘‘October 1, 2015’’. 

SEC. 634. (a) DEFINITIONS.—In this section: 

(1) BANKING INSTITUTION.—The term ‘‘banking institution’’ 

means an insured depository institution, Federal credit union, 

State credit union, bank holding company, or savings and loan 

holding company. 

(2) BASEL III CAPITAL REQUIREMENTS.—The term ‘‘Basel 

III capital requirements’’ means the Global Regulatory Framework for More Resilient Banks and Banking Systems issued 

by the Basel Committee on Banking Supervision on December 

16, 2010, as revised on June 1, 2011. 

(3) FEDERAL BANKING AGENCIES.—The term ‘‘Federal 

banking agencies’’ means the Board of Governors of the Federal 

Reserve System, the Office of the Comptroller of the Currency, 

the Federal Deposit Insurance Corporation, and the National 

Credit Union Administration. 

(4) MORTGAGE SERVICING ASSETS.—The term ‘‘mortgage 

servicing assets’’ means those assets that result from contracts 

to service loans secured by real estate, where such loans are 

owned by third parties. 

(5) NCUA CAPITAL REQUIREMENTS.—The term ‘‘NCUA capital requirements’’ means the final rule of the National Credit 

Union Administration entitled ‘‘Risk-Based Capital’’ (80 Fed. 

Reg. 66625 (October 29, 2015)). 

(6) OTHER DEFINITIONS.— 

(A) BANKING DEFINITIONS.—The terms ‘‘bank holding 

company’’, ‘‘insured depository institution’’, and ‘‘savings 

and loan holding company’’ have the meanings given those 

terms in section 3 of the Federal Deposit Insurance Act 

(12 U.S.C. 1813). 

(B) CREDIT UNION DEFINITIONS.—The terms ‘‘Federal 

credit union’’ and ‘‘State credit union’’ have the meanings 

given those terms in section 101 of the Federal Credit 

Union Act (12 U.S.C. 1752). 

(b) STUDY OF THE APPROPRIATE CAPITAL FOR MORTGAGE SERVICING ASSETS.— 

(1) IN GENERAL.—The Federal banking agencies shall 

jointly conduct a study of the appropriate capital requirements 

for mortgage servicing assets for banking institutions. 

(2) ISSUES TO BE STUDIED.—The study required under paragraph (1) shall include, with a specific focus on banking institutions— 

(A) the risk to banking institutions of holding mortgage 

servicing assets; 

(B) the history of the market for mortgage servicing 

assets, including in particular the market for those assets 

in the period of the financial crisis; 

(C) the ability of banking institutions to establish a 

value for mortgage servicing assets of the institution 

through periodic sales or other means; 

(D) regulatory approaches to mortgage servicing assets 

and capital requirements that may be used to address 

47 USC 151 note. 


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129 STAT. 2472 PUBLIC LAW 114–113—DEC. 18, 2015 

concerns about the value of and ability to sell mortgage 

servicing assets; 

(E) the impact of imposing the Basel III capital requirements and the NCUA capital requirements on banking 

institutions on the ability of those institutions— 

(i) to compete in the mortgage servicing business, 

including the need for economies of scale to compete 

in that business; and 

(ii) to provide service to consumers to whom the 

institutions have made mortgage loans; 

(F) an analysis of what the mortgage servicing marketplace would look like if the Basel III capital requirements 

and the NCUA capital requirements on mortgage servicing 

assets— 

(i) were fully implemented; and 

(ii) applied to both banking institutions and nondepository residential mortgage loan servicers; 

(G) the significance of problems with mortgage servicing assets, if any, in banking institution failures and 

problem banking institutions, including specifically identifying failed banking institutions where mortgage servicing 

assets contributed to the failure; and 

(H) an analysis of the relevance of the Basel III capital 

requirements and the NCUA capital requirements on mortgage servicing assets to the banking systems of other 

significantly developed countries. 

(3) REPORT TO CONGRESS.—Not later than 180 days after 

the date of enactment of this title, the Federal banking agencies 

shall submit to the Committee on Banking, Housing, and Urban 

Affairs of the Senate and the Committee on Financial Services 

of the House of Representatives a report containing— 

(A) the results of the study required under paragraph 

(1); 

(B) any analysis on the specific issue of mortgage servicing assets undertaken by the Federal banking agencies 

before finalizing regulations implementing the Basel III 

capital requirements and the NCUA capital requirements; 

and 

(C) any recommendations for legislative or regulatory 

actions that would address concerns about the value of 

and ability to sell and the ability of banking institutions 

to hold mortgage servicing assets. 

SEC. 635. In addition to amounts otherwise provided in this 

Act for ‘‘National Archives and Records Administration, Operating 

Expenses’’, there is appropriated $7,000,000, to remain available 

until expended, for the repair, alteration, and improvement of an 

additional leased facility to provide adequate storage for holdings 

of the House of Representatives and the Senate. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2473 

TITLE VII 

GENERAL PROVISIONS—GOVERNMENT-WIDE 

DEPARTMENTS, AGENCIES, AND CORPORATIONS

(INCLUDING TRANSFER OF FUNDS)

SEC. 701. No department, agency, or instrumentality of the 

United States receiving appropriated funds under this or any other 

Act for fiscal year 2016 shall obligate or expend any such funds, 

unless such department, agency, or instrumentality has in place, 

and will continue to administer in good faith, a written policy 

designed to ensure that all of its workplaces are free from the 

illegal use, possession, or distribution of controlled substances (as 

defined in the Controlled Substances Act (21 U.S.C. 802)) by the 

officers and employees of such department, agency, or instrumentality. 

SEC. 702. Unless otherwise specifically provided, the maximum 

amount allowable during the current fiscal year in accordance with 

subsection 1343(c) of title 31, United States Code, for the purchase 

of any passenger motor vehicle (exclusive of buses, ambulances, 

law enforcement vehicles, protective vehicles, and undercover 

surveillance vehicles), is hereby fixed at $19,947 except station 

wagons for which the maximum shall be $19,997: Provided, That 

these limits may be exceeded by not to exceed $7,250 for policetype vehicles: Provided further, That the limits set forth in this 

section may not be exceeded by more than 5 percent for electric 

or hybrid vehicles purchased for demonstration under the provisions 

of the Electric and Hybrid Vehicle Research, Development, and 

Demonstration Act of 1976: Provided further, That the limits set 

forth in this section may be exceeded by the incremental cost 

of clean alternative fuels vehicles acquired pursuant to Public Law 

101–549 over the cost of comparable conventionally fueled vehicles: 

Provided further, That the limits set forth in this section shall 

not apply to any vehicle that is a commercial item and which 

operates on alternative fuel, including but not limited to electric, 

plug-in hybrid electric, and hydrogen fuel cell vehicles. 

SEC. 703. Appropriations of the executive departments and 

independent establishments for the current fiscal year available 

for expenses of travel, or for the expenses of the activity concerned, 

are hereby made available for quarters allowances and cost-ofliving allowances, in accordance with 5 U.S.C. 5922–5924. 

SEC. 704. Unless otherwise specified in law during the current 

fiscal year, no part of any appropriation contained in this or any 

other Act shall be used to pay the compensation of any officer 

or employee of the Government of the United States (including 

any agency the majority of the stock of which is owned by the 

Government of the United States) whose post of duty is in the 

continental United States unless such person: (1) is a citizen of 

the United States; (2) is a person who is lawfully admitted for 

permanent residence and is seeking citizenship as outlined in 8 

U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted as a refugee 

under 8 U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158 

and has filed a declaration of intention to become a lawful permanent resident and then a citizen when eligible; or (4) is a person 

5 USC 3101 note. 

31 USC 1343 

note. 


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129 STAT. 2474 PUBLIC LAW 114–113—DEC. 18, 2015 

who owes allegiance to the United States: Provided, That for purposes of this section, affidavits signed by any such person shall 

be considered prima facie evidence that the requirements of this 

section with respect to his or her status are being complied with: 

Provided further, That for purposes of subsections (2) and (3) such 

affidavits shall be submitted prior to employment and updated 

thereafter as necessary: Provided further, That any person making 

a false affidavit shall be guilty of a felony, and upon conviction, 

shall be fined no more than $4,000 or imprisoned for not more 

than 1 year, or both: Provided further, That the above penal clause 

shall be in addition to, and not in substitution for, any other 

provisions of existing law: Provided further, That any payment 

made to any officer or employee contrary to the provisions of this 

section shall be recoverable in action by the Federal Government: 

Provided further, That this section shall not apply to any person 

who is an officer or employee of the Government of the United 

States on the date of enactment of this Act, or to international 

broadcasters employed by the Broadcasting Board of Governors, 

or to temporary employment of translators, or to temporary employment in the field service (not to exceed 60 days) as a result of 

emergencies: Provided further, That this section does not apply 

to the employment as Wildland firefighters for not more than 120 

days of nonresident aliens employed by the Department of the 

Interior or the USDA Forest Service pursuant to an agreement 

with another country. 

SEC. 705. Appropriations available to any department or agency 

during the current fiscal year for necessary expenses, including 

maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space 

and services and those expenses of renovation and alteration of 

buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73 

Stat. 479), the Public Buildings Amendments of 1972 (86 Stat. 

216), or other applicable law. 

SEC. 706. In addition to funds provided in this or any other 

Act, all Federal agencies are authorized to receive and use funds 

resulting from the sale of materials, including Federal records disposed of pursuant to a records schedule recovered through recycling 

or waste prevention programs. Such funds shall be available until 

expended for the following purposes: 

(1) Acquisition, waste reduction and prevention, and 

recycling programs as described in Executive Order No. 13423 

(January 24, 2007), including any such programs adopted prior 

to the effective date of the Executive order. 

(2) Other Federal agency environmental management programs, including, but not limited to, the development and 

implementation of hazardous waste management and pollution 

prevention programs. 

(3) Other employee programs as authorized by law or as 

deemed appropriate by the head of the Federal agency. 

SEC. 707. Funds made available by this or any other Act for 

administrative expenses in the current fiscal year of the corporations and agencies subject to chapter 91 of title 31, United States 

Code, shall be available, in addition to objects for which such 

funds are otherwise available, for rent in the District of Columbia; 

services in accordance with 5 U.S.C. 3109; and the objects specified 

under this head, all the provisions of which shall be applicable 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2475 

to the expenditure of such funds unless otherwise specified in 

the Act by which they are made available: Provided, That in the 

event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations 

on administrative expenses shall be correspondingly reduced. 

SEC. 708. No part of any appropriation contained in this or 

any other Act shall be available for interagency financing of boards 

(except Federal Executive Boards), commissions, councils, committees, or similar groups (whether or not they are interagency entities) 

which do not have a prior and specific statutory approval to receive 

financial support from more than one agency or instrumentality. 

SEC. 709. None of the funds made available pursuant to the 

provisions of this or any other Act shall be used to implement, 

administer, or enforce any regulation which has been disapproved 

pursuant to a joint resolution duly adopted in accordance with 

the applicable law of the United States. 

SEC. 710. During the period in which the head of any department or agency, or any other officer or civilian employee of the 

Federal Government appointed by the President of the United 

States, holds office, no funds may be obligated or expended in 

excess of $5,000 to furnish or redecorate the office of such department head, agency head, officer, or employee, or to purchase furniture or make improvements for any such office, unless advance 

notice of such furnishing or redecoration is transmitted to the 

Committees on Appropriations of the House of Representatives and 

the Senate. For the purposes of this section, the term ‘‘office’’ 

shall include the entire suite of offices assigned to the individual, 

as well as any other space used primarily by the individual or 

the use of which is directly controlled by the individual. 

SEC. 711. Notwithstanding 31 U.S.C. 1346, or section 708 of 

this Act, funds made available for the current fiscal year by this 

or any other Act shall be available for the interagency funding 

of national security and emergency preparedness telecommunications initiatives which benefit multiple Federal departments, 

agencies, or entities, as provided by Executive Order No. 13618 

(July 6, 2012). 

SEC. 712. (a) None of the funds made available by this or 

any other Act may be obligated or expended by any department, 

agency, or other instrumentality of the Federal Government to 

pay the salaries or expenses of any individual appointed to a position of a confidential or policy-determining character that is 

excepted from the competitive service under section 3302 of title 

5, United States Code, (pursuant to schedule C of subpart C of 

part 213 of title 5 of the Code of Federal Regulations) unless 

the head of the applicable department, agency, or other instrumentality employing such schedule C individual certifies to the Director 

of the Office of Personnel Management that the schedule C position 

occupied by the individual was not created solely or primarily 

in order to detail the individual to the White House. 

(b) The provisions of this section shall not apply to Federal 

employees or members of the armed forces detailed to or from 

an element of the intelligence community (as that term is defined 

under section 3(4) of the National Security Act of 1947 (50 U.S.C. 

3003(4))). 

SEC. 713. No part of any appropriation contained in this or 

any other Act shall be available for the payment of the salary 

of any officer or employee of the Federal Government, who— 


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129 STAT. 2476 PUBLIC LAW 114–113—DEC. 18, 2015 

(1) prohibits or prevents, or attempts or threatens to prohibit or prevent, any other officer or employee of the Federal 

Government from having any direct oral or written communication or contact with any Member, committee, or subcommittee 

of the Congress in connection with any matter pertaining to 

the employment of such other officer or employee or pertaining 

to the department or agency of such other officer or employee 

in any way, irrespective of whether such communication or 

contact is at the initiative of such other officer or employee 

or in response to the request or inquiry of such Member, committee, or subcommittee; or 

(2) removes, suspends from duty without pay, demotes, 

reduces in rank, seniority, status, pay, or performance or efficiency rating, denies promotion to, relocates, reassigns, transfers, disciplines, or discriminates in regard to any employment 

right, entitlement, or benefit, or any term or condition of 

employment of, any other officer or employee of the Federal 

Government, or attempts or threatens to commit any of the 

foregoing actions with respect to such other officer or employee, 

by reason of any communication or contact of such other officer 

or employee with any Member, committee, or subcommittee 

of the Congress as described in paragraph (1). 

SEC. 714. (a) None of the funds made available in this or 

any other Act may be obligated or expended for any employee 

training that— 

(1) does not meet identified needs for knowledge, skills, 

and abilities bearing directly upon the performance of official 

duties; 

(2) contains elements likely to induce high levels of emotional response or psychological stress in some participants; 

(3) does not require prior employee notification of the content and methods to be used in the training and written end 

of course evaluation; 

(4) contains any methods or content associated with religious or quasi-religious belief systems or ‘‘new age’’ belief systems as defined in Equal Employment Opportunity Commission 

Notice N–915.022, dated September 2, 1988; or 

(5) is offensive to, or designed to change, participants’ 

personal values or lifestyle outside the workplace. 

(b) Nothing in this section shall prohibit, restrict, or otherwise 

preclude an agency from conducting training bearing directly upon 

the performance of official duties. 

SEC. 715. No part of any funds appropriated in this or any 

other Act shall be used by an agency of the executive branch, 

other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation, 

distribution or use of any kit, pamphlet, booklet, publication, radio, 

television, or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the 

Congress itself. 

SEC. 716. None of the funds appropriated by this or any other 

Act may be used by an agency to provide a Federal employee’s 

home address to any labor organization except when the employee 

has authorized such disclosure or when such disclosure has been 

ordered by a court of competent jurisdiction. 

SEC. 717. None of the funds made available in this or any 

other Act may be used to provide any non-public information such 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2477 

as mailing, telephone or electronic mailing lists to any person 

or any organization outside of the Federal Government without 

the approval of the Committees on Appropriations of the House 

of Representatives and the Senate. 

SEC. 718. No part of any appropriation contained in this or 

any other Act shall be used directly or indirectly, including by 

private contractor, for publicity or propaganda purposes within 

the United States not heretofore authorized by Congress. 

SEC. 719. (a) In this section, the term ‘‘agency’’— 

(1) means an Executive agency, as defined under 5 U.S.C. 

105; and 

(2) includes a military department, as defined under section 

102 of such title, the Postal Service, and the Postal Regulatory 

Commission. 

(b) Unless authorized in accordance with law or regulations 

to use such time for other purposes, an employee of an agency 

shall use official time in an honest effort to perform official duties. 

An employee not under a leave system, including a Presidential 

appointee exempted under 5 U.S.C. 6301(2), has an obligation to 

expend an honest effort and a reasonable proportion of such 

employee’s time in the performance of official duties. 

SEC. 720. Notwithstanding 31 U.S.C. 1346 and section 708 

of this Act, funds made available for the current fiscal year by 

this or any other Act to any department or agency, which is a 

member of the Federal Accounting Standards Advisory Board 

(FASAB), shall be available to finance an appropriate share of 

FASAB administrative costs. 

SEC. 721. Notwithstanding 31 U.S.C. 1346 and section 708 

of this Act, the head of each Executive department and agency 

is hereby authorized to transfer to or reimburse ‘‘General Services 

Administration, Government-wide Policy’’ with the approval of the 

Director of the Office of Management and Budget, funds made 

available for the current fiscal year by this or any other Act, 

including rebates from charge card and other contracts: Provided, 

That these funds shall be administered by the Administrator of 

General Services to support Government-wide and other multiagency financial, information technology, procurement, and other 

management innovations, initiatives, and activities, including 

improving coordination and reducing duplication, as approved by 

the Director of the Office of Management and Budget, in consultation with the appropriate interagency and multi-agency groups 

designated by the Director (including the President’s Management 

Council for overall management improvement initiatives, the Chief 

Financial Officers Council for financial management initiatives, 

the Chief Information Officers Council for information technology 

initiatives, the Chief Human Capital Officers Council for human 

capital initiatives, the Chief Acquisition Officers Council for procurement initiatives, and the Performance Improvement Council for 

performance improvement initiatives): Provided further, That the 

total funds transferred or reimbursed shall not exceed $15,000,000 

to improve coordination, reduce duplication, and for other activities 

related to Federal Government Priority Goals established by 31 

U.S.C. 1120, and not to exceed $17,000,000 for Government-Wide 

innovations, initiatives, and activities: Provided further, That the 

funds transferred to or for reimbursement of ‘‘General Services 

Administration, Government-wide Policy’’ during fiscal year 2016 

shall remain available for obligation through September 30, 2017: 


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129 STAT. 2478 PUBLIC LAW 114–113—DEC. 18, 2015 

Provided further, That such transfers or reimbursements may only 

be made after 15 days following notification of the Committees 

on Appropriations of the House of Representatives and the Senate 

by the Director of the Office of Management and Budget. 

SEC. 722. Notwithstanding any other provision of law, a woman 

may breastfeed her child at any location in a Federal building 

or on Federal property, if the woman and her child are otherwise 

authorized to be present at the location. 

SEC. 723. Notwithstanding 31 U.S.C. 1346, or section 708 of 

this Act, funds made available for the current fiscal year by this 

or any other Act shall be available for the interagency funding 

of specific projects, workshops, studies, and similar efforts to carry 

out the purposes of the National Science and Technology Council 

(authorized by Executive Order No. 12881), which benefit multiple 

Federal departments, agencies, or entities: Provided, That the Office 

of Management and Budget shall provide a report describing the 

budget of and resources connected with the National Science and 

Technology Council to the Committees on Appropriations, the House 

Committee on Science and Technology, and the Senate Committee 

on Commerce, Science, and Transportation 90 days after enactment 

of this Act. 

SEC. 724. Any request for proposals, solicitation, grant application, form, notification, press release, or other publications involving 

the distribution of Federal funds shall comply with any relevant 

requirements in part 200 of title 2, Code of Federal Regulations: 

Provided, That this section shall apply to direct payments, formula 

funds, and grants received by a State receiving Federal funds. 

SEC. 725. (a) PROHIBITION OF FEDERAL AGENCY MONITORING

OF INDIVIDUALS’ INTERNET USE.—None of the funds made available 

in this or any other Act may be used by any Federal agency— 

(1) to collect, review, or create any aggregation of data, 

derived from any means, that includes any personally identifiable information relating to an individual’s access to or use 

of any Federal Government Internet site of the agency; or 

(2) to enter into any agreement with a third party 

(including another government agency) to collect, review, or 

obtain any aggregation of data, derived from any means, that 

includes any personally identifiable information relating to an 

individual’s access to or use of any nongovernmental Internet 

site. 

(b) EXCEPTIONS.—The limitations established in subsection (a) 

shall not apply to— 

(1) any record of aggregate data that does not identify 

particular persons; 

(2) any voluntary submission of personally identifiable 

information; 

(3) any action taken for law enforcement, regulatory, or 

supervisory purposes, in accordance with applicable law; or 

(4) any action described in subsection (a)(1) that is a system 

security action taken by the operator of an Internet site and 

is necessarily incident to providing the Internet site services 

or to protecting the rights or property of the provider of the 

Internet site. 

(c) DEFINITIONS.—For the purposes of this section: 

(1) The term ‘‘regulatory’’ means agency actions to implement, interpret or enforce authorities provided in law. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2479 

(2) The term ‘‘supervisory’’ means examinations of the 

agency’s supervised institutions, including assessing safety and 

soundness, overall financial condition, management practices 

and policies and compliance with applicable standards as provided in law. 

SEC. 726. (a) None of the funds appropriated by this Act may 

be used to enter into or renew a contract which includes a provision 

providing prescription drug coverage, except where the contract 

also includes a provision for contraceptive coverage. 

(b) Nothing in this section shall apply to a contract with— 

(1) any of the following religious plans: 

(A) Personal Care’s HMO; and 

(B) OSF HealthPlans, Inc.; and 

(2) any existing or future plan, if the carrier for the plan 

objects to such coverage on the basis of religious beliefs. 

(c) In implementing this section, any plan that enters into 

or renews a contract under this section may not subject any individual to discrimination on the basis that the individual refuses 

to prescribe or otherwise provide for contraceptives because such 

activities would be contrary to the individual’s religious beliefs 

or moral convictions. 

(d) Nothing in this section shall be construed to require coverage of abortion or abortion-related services. 

SEC. 727. The United States is committed to ensuring the 

health of its Olympic, Pan American, and Paralympic athletes, 

and supports the strict adherence to anti-doping in sport through 

testing, adjudication, education, and research as performed by 

nationally recognized oversight authorities. 

SEC. 728. Notwithstanding any other provision of law, funds 

appropriated for official travel to Federal departments and agencies 

may be used by such departments and agencies, if consistent with 

Office of Management and Budget Circular A–126 regarding official 

travel for Government personnel, to participate in the fractional 

aircraft ownership pilot program. 

SEC. 729. Notwithstanding any other provision of law, none 

of the funds appropriated or made available under this or any 

other appropriations Act may be used to implement or enforce 

restrictions or limitations on the Coast Guard Congressional Fellowship Program, or to implement the proposed regulations of the 

Office of Personnel Management to add sections 300.311 through 

300.316 to part 300 of title 5 of the Code of Federal Regulations, 

published in the Federal Register, volume 68, number 174, on 

September 9, 2003 (relating to the detail of executive branch 

employees to the legislative branch). 

SEC. 730. Notwithstanding any other provision of law, no executive branch agency shall purchase, construct, or lease any additional 

facilities, except within or contiguous to existing locations, to be 

used for the purpose of conducting Federal law enforcement training 

without the advance approval of the Committees on Appropriations 

of the House of Representatives and the Senate, except that the 

Federal Law Enforcement Training Center is authorized to obtain 

the temporary use of additional facilities by lease, contract, or 

other agreement for training which cannot be accommodated in 

existing Center facilities. 

SEC. 731. Unless otherwise authorized by existing law, none 

of the funds provided in this or any other Act may be used by 

an executive branch agency to produce any prepackaged news story 


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129 STAT. 2480 PUBLIC LAW 114–113—DEC. 18, 2015 

intended for broadcast or distribution in the United States, unless 

the story includes a clear notification within the text or audio 

of the prepackaged news story that the prepackaged news story 

was prepared or funded by that executive branch agency. 

SEC. 732. None of the funds made available in this Act may 

be used in contravention of section 552a of title 5, United States 

Code (popularly known as the Privacy Act), and regulations implementing that section. 

SEC. 733. (a) IN GENERAL.—None of the funds appropriated 

or otherwise made available by this or any other Act may be 

used for any Federal Government contract with any foreign incorporated entity which is treated as an inverted domestic corporation 

under section 835(b) of the Homeland Security Act of 2002 (6 

U.S.C. 395(b)) or any subsidiary of such an entity. 

(b) WAIVERS.— (1) IN GENERAL.—Any Secretary shall waive subsection (a) 

with respect to any Federal Government contract under the 

authority of such Secretary if the Secretary determines that 

the waiver is required in the interest of national security. 

(2) REPORT TO CONGRESS.—Any Secretary issuing a waiver 

under paragraph (1) shall report such issuance to Congress. 

(c) EXCEPTION.—This section shall not apply to any Federal 

Government contract entered into before the date of the enactment 

of this Act, or to any task order issued pursuant to such contract. 

SEC. 734. During fiscal year 2016, for each employee who— 

(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of title 

5, United States Code; or 

(2) retires under any other provision of subchapter III 

of chapter 83 or chapter 84 of such title 5 and receives a 

payment as an incentive to separate, the separating agency 

shall remit to the Civil Service Retirement and Disability Fund 

an amount equal to the Office of Personnel Management’s 

average unit cost of processing a retirement claim for the 

preceding fiscal year. Such amounts shall be available until 

expended to the Office of Personnel Management and shall 

be deemed to be an administrative expense under section 

8348(a)(1)(B) of title 5, United States Code. 

SEC. 735. (a) None of the funds made available in this or 

any other Act may be used to recommend or require any entity 

submitting an offer for a Federal contract to disclose any of the 

following information as a condition of submitting the offer: 

(1) Any payment consisting of a contribution, expenditure, 

independent expenditure, or disbursement for an electioneering 

communication that is made by the entity, its officers or directors, or any of its affiliates or subsidiaries to a candidate 

for election for Federal office or to a political committee, or 

that is otherwise made with respect to any election for Federal 

office. 

(2) Any disbursement of funds (other than a payment 

described in paragraph (1)) made by the entity, its officers 

or directors, or any of its affiliates or subsidiaries to any person 

with the intent or the reasonable expectation that the person 

will use the funds to make a payment described in paragraph 

(1). 

(b) In this section, each of the terms ‘‘contribution’’, ‘‘expenditure’’, ‘‘independent expenditure’’, ‘‘electioneering communication’’, 

‘‘candidate’’, ‘‘election’’, and ‘‘Federal office’’ has the meaning given 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2481 

such term in the Federal Election Campaign Act of 1971 (2 U.S.C. 

431 et seq.). 

SEC. 736. None of the funds made available in this or any 

other Act may be used to pay for the painting of a portrait of 

an officer or employee of the Federal government, including the 

President, the Vice President, a member of Congress (including 

a Delegate or a Resident Commissioner to Congress), the head 

of an executive branch agency (as defined in section 133 of title 

41, United States Code), or the head of an office of the legislative 

branch. 

SEC. 737. (a)(1) Notwithstanding any other provision of law, 

and except as otherwise provided in this section, no part of any 

of the funds appropriated for fiscal year 2016, by this or any 

other Act, may be used to pay any prevailing rate employee 

described in section 5342(a)(2)(A) of title 5, United States Code— 

(A) during the period from the date of expiration of the 

limitation imposed by the comparable section for the previous 

fiscal years until the normal effective date of the applicable 

wage survey adjustment that is to take effect in fiscal year 

2016, in an amount that exceeds the rate payable for the 

applicable grade and step of the applicable wage schedule in 

accordance with such section; and 

(B) during the period consisting of the remainder of fiscal 

year 2016, in an amount that exceeds, as a result of a wage 

survey adjustment, the rate payable under subparagraph (A) 

by more than the sum of— 

(i) the percentage adjustment taking effect in fiscal 

year 2016 under section 5303 of title 5, United States 

Code, in the rates of pay under the General Schedule; 

and 

(ii) the difference between the overall average percentage of the locality-based comparability payments taking 

effect in fiscal year 2016 under section 5304 of such title 

(whether by adjustment or otherwise), and the overall average percentage of such payments which was effective in 

the previous fiscal year under such section. 

(2) Notwithstanding any other provision of law, no prevailing 

rate employee described in subparagraph (B) or (C) of section 

5342(a)(2) of title 5, United States Code, and no employee covered 

by section 5348 of such title, may be paid during the periods 

for which paragraph (1) is in effect at a rate that exceeds the 

rates that would be payable under paragraph (1) were paragraph 

(1) applicable to such employee. 

(3) For the purposes of this subsection, the rates payable to 

an employee who is covered by this subsection and who is paid 

from a schedule not in existence on September 30, 2015, shall 

be determined under regulations prescribed by the Office of Personnel Management. 

(4) Notwithstanding any other provision of law, rates of premium pay for employees subject to this subsection may not be 

changed from the rates in effect on September 30, 2015, except 

to the extent determined by the Office of Personnel Management 

to be consistent with the purpose of this subsection. 

(5) This subsection shall apply with respect to pay for service 

performed after September 30, 2015. 

5 USC 5343 note. 


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129 STAT. 2482 PUBLIC LAW 114–113—DEC. 18, 2015 

(6) For the purpose of administering any provision of law 

(including any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit) that requires 

any deduction or contribution, or that imposes any requirement 

or limitation on the basis of a rate of salary or basic pay, the 

rate of salary or basic pay payable after the application of this 

subsection shall be treated as the rate of salary or basic pay. 

(7) Nothing in this subsection shall be considered to permit 

or require the payment to any employee covered by this subsection 

at a rate in excess of the rate that would be payable were this 

subsection not in effect. 

(8) The Office of Personnel Management may provide for exceptions to the limitations imposed by this subsection if the Office 

determines that such exceptions are necessary to ensure the recruitment or retention of qualified employees. 

(b) Notwithstanding subsection (a), the adjustment in rates 

of basic pay for the statutory pay systems that take place in 

fiscal year 2016 under sections 5344 and 5348 of title 5, United 

States Code, shall be— 

(1) not less than the percentage received by employees 

in the same location whose rates of basic pay are adjusted 

pursuant to the statutory pay systems under sections 5303 

and 5304 of title 5, United States Code: Provided, That prevailing rate employees at locations where there are no 

employees whose pay is increased pursuant to sections 5303 

and 5304 of title 5, United States Code, and prevailing rate 

employees described in section 5343(a)(5) of title 5, United 

States Code, shall be considered to be located in the pay locality 

designated as ‘‘Rest of United States’’ pursuant to section 5304 

of title 5, United States Code, for purposes of this subsection; 

and 

(2) effective as of the first day of the first applicable pay 

period beginning after September 30, 2015. 

SEC. 738. (a) The Vice President may not receive a pay raise 

in calendar year 2016, notwithstanding the rate adjustment made 

under section 104 of title 3, United States Code, or any other 

provision of law. 

(b) An employee serving in an Executive Schedule position, 

or in a position for which the rate of pay is fixed by statute 

at an Executive Schedule rate, may not receive a pay rate increase 

in calendar year 2016, notwithstanding schedule adjustments made 

under section 5318 of title 5, United States Code, or any other 

provision of law, except as provided in subsection (g), (h), or (i). 

This subsection applies only to employees who are holding a position 

under a political appointment. 

(c) A chief of mission or ambassador at large may not receive 

a pay rate increase in calendar year 2016, notwithstanding section 

401 of the Foreign Service Act of 1980 (Public Law 96–465) or 

any other provision of law, except as provided in subsection (g), 

(h), or (i). 

(d) Notwithstanding sections 5382 and 5383 of title 5, United 

States Code, a pay rate increase may not be received in calendar 

year 2016 (except as provided in subsection (g), (h), or (i)) by— 

(1) a noncareer appointee in the Senior Executive Service 

paid a rate of basic pay at or above level IV of the Executive 

Schedule; or 

5 USC 5303 note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2483 

(2) a limited term appointee or limited emergency appointee 

in the Senior Executive Service serving under a political 

appointment and paid a rate of basic pay at or above level 

IV of the Executive Schedule. 

(e) Any employee paid a rate of basic pay (including any localitybased payments under section 5304 of title 5, United States Code, 

or similar authority) at or above level IV of the Executive Schedule 

who serves under a political appointment may not receive a pay 

rate increase in calendar year 2016, notwithstanding any other 

provision of law, except as provided in subsection (g), (h), or (i). 

This subsection does not apply to employees in the General Schedule 

pay system or the Foreign Service pay system, or to employees 

appointed under section 3161 of title 5, United States Code, or 

to employees in another pay system whose position would be classified at GS–15 or below if chapter 51 of title 5, United States 

Code, applied to them. 

(f) Nothing in subsections (b) through (e) shall prevent 

employees who do not serve under a political appointment from 

receiving pay increases as otherwise provided under applicable law. 

(g) A career appointee in the Senior Executive Service who 

receives a Presidential appointment and who makes an election 

to retain Senior Executive Service basic pay entitlements under 

section 3392 of title 5, United States Code, is not subject to this 

section. 

(h) A member of the Senior Foreign Service who receives a 

Presidential appointment to any position in the executive branch 

and who makes an election to retain Senior Foreign Service pay 

entitlements under section 302(b) of the Foreign Service Act of 

1980 (Public Law 96–465) is not subject to this section. 

(i) Notwithstanding subsections (b) through (e), an employee 

in a covered position may receive a pay rate increase upon an 

authorized movement to a different covered position with higherlevel duties and a pre-established higher level or range of pay, 

except that any such increase must be based on the rates of pay 

and applicable pay limitations in effect on December 31, 2013. 

(j) Notwithstanding any other provision of law, for an individual 

who is newly appointed to a covered position during the period 

of time subject to this section, the initial pay rate shall be based 

on the rates of pay and applicable pay limitations in effect on 

December 31, 2013. 

(k) If an employee affected by subsections (b) through (e) is 

subject to a biweekly pay period that begins in calendar year 

2016 but ends in calendar year 2017, the bar on the employee’s 

receipt of pay rate increases shall apply through the end of that 

pay period. 

SEC. 739. (a) The head of any Executive branch department, 

agency, board, commission, or office funded by this or any other 

appropriations Act shall submit annual reports to the Inspector 

General or senior ethics official for any entity without an Inspector 

General, regarding the costs and contracting procedures related 

to each conference held by any such department, agency, board, 

commission, or office during fiscal year 2016 for which the cost 

to the United States Government was more than $100,000. 

(b) Each report submitted shall include, for each conference 

described in subsection (a) held during the applicable period— 

(1) a description of its purpose; 

(2) the number of participants attending; 


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129 STAT. 2484 PUBLIC LAW 114–113—DEC. 18, 2015 

(3) a detailed statement of the costs to the United States 

Government, including— 

(A) the cost of any food or beverages; 

(B) the cost of any audio-visual services; 

(C) the cost of employee or contractor travel to and 

from the conference; and 

(D) a discussion of the methodology used to determine 

which costs relate to the conference; and 

(4) a description of the contracting procedures used 

including— 

(A) whether contracts were awarded on a competitive 

basis; and 

(B) a discussion of any cost comparison conducted by 

the departmental component or office in evaluating potential contractors for the conference. 

(c) Within 15 days of the date of a conference held by any 

Executive branch department, agency, board, commission, or office 

funded by this or any other appropriations Act during fiscal year 

2016 for which the cost to the United States Government was 

more than $20,000, the head of any such department, agency, 

board, commission, or office shall notify the Inspector General or 

senior ethics official for any entity without an Inspector General, 

of the date, location, and number of employees attending such 

conference. 

(d) A grant or contract funded by amounts appropriated by 

this or any other appropriations Act may not be used for the 

purpose of defraying the costs of a conference described in subsection (c) that is not directly and programmatically related to 

the purpose for which the grant or contract was awarded, such 

as a conference held in connection with planning, training, assessment, review, or other routine purposes related to a project funded 

by the grant or contract. 

(e) None of the funds made available in this or any other 

appropriations Act may be used for travel and conference activities 

that are not in compliance with Office of Management and Budget 

Memorandum M–12–12 dated May 11, 2012 or any subsequent 

revisions to that memorandum. 

SEC. 740. None of the funds made available in this or any 

other appropriations Act may be used to increase, eliminate, or 

reduce funding for a program, project, or activity as proposed in 

the President’s budget request for a fiscal year until such proposed 

change is subsequently enacted in an appropriation Act, or unless 

such change is made pursuant to the reprogramming or transfer 

provisions of this or any other appropriations Act. 

SEC. 741. None of the funds made available by this or any 

other Act may be used to implement, administer, enforce, or apply 

the rule entitled ‘‘Competitive Area’’ published by the Office of 

Personnel Management in the Federal Register on April 15, 2008 

(73 Fed. Reg. 20180 et seq.). 

SEC. 742. None of the funds appropriated or otherwise made 

available by this or any other Act may be used to begin or announce 

a study or public-private competition regarding the conversion to 

contractor performance of any function performed by Federal 

employees pursuant to Office of Management and Budget Circular 

A–76 or any other administrative regulation, directive, or policy. 

SEC. 743. (a) None of the funds appropriated or otherwise 

made available by this or any other Act may be available for 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2485 

a contract, grant, or cooperative agreement with an entity that 

requires employees or contractors of such entity seeking to report 

fraud, waste, or abuse to sign internal confidentiality agreements 

or statements prohibiting or otherwise restricting such employees 

or contractors from lawfully reporting such waste, fraud, or abuse 

to a designated investigative or law enforcement representative 

of a Federal department or agency authorized to receive such 

information. 

(b) The limitation in subsection (a) shall not contravene requirements applicable to Standard Form 312, Form 4414, or any other 

form issued by a Federal department or agency governing the 

nondisclosure of classified information. 

SEC. 744. (a) No funds appropriated in this or any other Act 

may be used to implement or enforce the agreements in Standard 

Forms 312 and 4414 of the Government or any other nondisclosure 

policy, form, or agreement if such policy, form, or agreement does 

not contain the following provisions: ‘‘These provisions are consistent with and do not supersede, conflict with, or otherwise alter 

the employee obligations, rights, or liabilities created by existing 

statute or Executive order relating to (1) classified information, 

(2) communications to Congress, (3) the reporting to an Inspector 

General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial 

and specific danger to public health or safety, or (4) any other 

whistleblower protection. The definitions, requirements, obligations, 

rights, sanctions, and liabilities created by controlling Executive 

orders and statutory provisions are incorporated into this agreement 

and are controlling.’’: Provided, That notwithstanding the preceding 

provision of this section, a nondisclosure policy form or agreement 

that is to be executed by a person connected with the conduct 

of an intelligence or intelligence-related activity, other than an 

employee or officer of the United States Government, may contain 

provisions appropriate to the particular activity for which such 

document is to be used. Such form or agreement shall, at a minimum, require that the person will not disclose any classified 

information received in the course of such activity unless specifically 

authorized to do so by the United States Government. Such nondisclosure forms shall also make it clear that they do not bar 

disclosures to Congress, or to an authorized official of an executive 

agency or the Department of Justice, that are essential to reporting 

a substantial violation of law. 

(b) A nondisclosure agreement may continue to be implemented 

and enforced notwithstanding subsection (a) if it complies with 

the requirements for such agreement that were in effect when 

the agreement was entered into. 

(c) No funds appropriated in this or any other Act may be 

used to implement or enforce any agreement entered into during 

fiscal year 2014 which does not contain substantially similar language to that required in subsection (a). 

SEC. 745. None of the funds made available by this or any 

other Act may be used to enter into a contract, memorandum 

of understanding, or cooperative agreement with, make a grant 

to, or provide a loan or loan guarantee to, any corporation that 

has any unpaid Federal tax liability that has been assessed, for 

which all judicial and administrative remedies have been exhausted 

or have lapsed, and that is not being paid in a timely manner 


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pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of 

the unpaid tax liability, unless a Federal agency has considered 

suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the 

interests of the Government. 

SEC. 746. None of the funds made available by this or any 

other Act may be used to enter into a contract, memorandum 

of understanding, or cooperative agreement with, make a grant 

to, or provide a loan or loan guarantee to, any corporation that 

was convicted of a felony criminal violation under any Federal 

law within the preceding 24 months, where the awarding agency 

is aware of the conviction, unless a Federal agency has considered 

suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the 

interests of the Government. 

SEC. 747. (a) The Act entitled ‘‘An Act providing for the incorporation of certain persons as Group Hospitalization and Medical 

Services, Inc.’’, approved August 11, 1939 (53 Stat. 1412), is 

amended— 

(1) by redesignating section 11 as section 12; and 

(2) by inserting after section 10 the following: 

‘‘SEC. 11. The surplus of the corporation is for the benefit 

and protection of all of its certificate holders and shall be available 

for the satisfaction of all obligations of the corporation regardless 

of the jurisdiction in which such surplus originated or such obligations arise. The corporation shall not divide, attribute, distribute, 

or reduce its surplus pursuant to any statute, regulation, or order 

of any jurisdiction without the express agreement of the District 

of Columbia, Maryland, and Virginia— 

‘‘(1) that the entire surplus of the corporation is excessive; 

and 

‘‘(2) to any plan for reduction or distribution of surplus.’’. 

(b) The amendments made by subsection (a) shall apply with 

respect to the surplus of Group Hospitalization and Medical Services, Inc. for any year after 2011. 

SEC. 748. (a) During fiscal year 2016, on the date on which 

a request is made for a transfer of funds in accordance with section 

1017 of Public Law 111–203, the Bureau of Consumer Financial 

Protection shall notify the Committees on Appropriations of the 

House of Representatives and the Senate, the Committee on Financial Services of the House of Representatives, and the Committee 

on Banking, Housing, and Urban Affairs of the Senate of such 

request. 

(b) Any notification required by this section shall be made 

available on the Bureau’s public Web site. 

SEC. 749. (a) Notwithstanding the time limitations specified 

in section 3744 of title 10, United States Code, or any other time 

limitation with respect to the awarding of certain medals to persons 

who served in the Armed Forces, the President may award the 

Medal of Honor under section 3741 of such title to Charles S. 

Kettles for the acts of valor during the Vietnam War described 

in subsection (b). 

(b) The acts of valor referred to in subsection (a) are the 

actions of Charles S. Kettles during combat operations on May 

15, 1967, while serving as Flight Commander, 176th Aviation Company, 14th Aviation Battalion, Task Force Oregon, Republic of 


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Vietnam, for which he was previously awarded the Distinguished 

Service Cross. 

SEC. 750. (a) None of the funds made available under this 

or any other Act may be used to— 

(1) implement, administer, carry out, modify, revise, or 

enforce Executive Order 13690, entitled ‘‘Establishing a Federal 

Flood Risk Management Standard and a Process for Further 

Soliciting and Considering Stakeholder Input’’ (issued January 

30, 2015), other than for— 

(A) acquiring, managing, or disposing of Federal lands 

and facilities; 

(B) providing federally undertaken, financed, or 

assisted construction or improvements; or 

(C) conducting Federal activities or programs affecting 

land use, including water and related land resources planning, regulating, and licensing activities; 

(2) implement Executive Order 13690 in a manner that 

modifies the non-grant components of the National Flood Insurance Program; or 

(3) apply Executive Order 13690 or the Federal Flood Risk 

Management Standard by any component of the Department 

of Defense, including the Army Corps of Engineers in a way 

that changes the ‘‘floodplain’’ considered when determining 

whether or not to issue a Department of the Army permit 

under section 404 of the Clean Water Act or section 10 of 

the Rivers and Harbors Act. 

(b) Subsection (a) of this section shall not be in effect during 

the period beginning on October 1, 2016 and ending on September 

30, 2017. 

SEC. 751. Except as expressly provided otherwise, any reference 

to ‘‘this Act’’ contained in any title other than title IV or VIII 

shall not apply to such title IV or VIII. 

TITLE VIII 

GENERAL PROVISIONS—DISTRICT OF COLUMBIA 

(INCLUDING TRANSFERS OF FUNDS)

SEC. 801. There are appropriated from the applicable funds 

of the District of Columbia such sums as may be necessary for 

making refunds and for the payment of legal settlements or judgments that have been entered against the District of Columbia 

government. 

SEC. 802. None of the Federal funds provided in this Act shall 

be used for publicity or propaganda purposes or implementation 

of any policy including boycott designed to support or defeat legislation pending before Congress or any State legislature. 

SEC. 803. (a) None of the Federal funds provided under this 

Act to the agencies funded by this Act, both Federal and District 

government agencies, that remain available for obligation or 

expenditure in fiscal year 2016, or provided from any accounts 

in the Treasury of the United States derived by the collection 

of fees available to the agencies funded by this Act, shall be available for obligation or expenditures for an agency through a reprogramming of funds which— 

(1) creates new programs; 


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(2) eliminates a program, project, or responsibility center; 

(3) establishes or changes allocations specifically denied, 

limited or increased under this Act; 

(4) increases funds or personnel by any means for any 

program, project, or responsibility center for which funds have 

been denied or restricted; 

(5) re-establishes any program or project previously 

deferred through reprogramming; 

(6) augments any existing program, project, or responsibility center through a reprogramming of funds in excess of 

$3,000,000 or 10 percent, whichever is less; or 

(7) increases by 20 percent or more personnel assigned 

to a specific program, project or responsibility center, 

unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate. 

(b) The District of Columbia government is authorized to 

approve and execute reprogramming and transfer requests of local 

funds under this title through November 7, 2016. 

SEC. 804. None of the Federal funds provided in this Act may 

be used by the District of Columbia to provide for salaries, expenses, 

or other costs associated with the offices of United States Senator 

or United States Representative under section 4(d) of the District 

of Columbia Statehood Constitutional Convention Initiatives of 1979 

(D.C. Law 3–171; D.C. Official Code, sec. 1–123). 

SEC. 805. Except as otherwise provided in this section, none 

of the funds made available by this Act or by any other Act may 

be used to provide any officer or employee of the District of 

Columbia with an official vehicle unless the officer or employee 

uses the vehicle only in the performance of the officer’s or employee’s 

official duties. For purposes of this section, the term ‘‘official duties’’ 

does not include travel between the officer’s or employee’s residence 

and workplace, except in the case of— 

(1) an officer or employee of the Metropolitan Police Department who resides in the District of Columbia or is otherwise 

designated by the Chief of the Department; 

(2) at the discretion of the Fire Chief, an officer or employee 

of the District of Columbia Fire and Emergency Medical Services Department who resides in the District of Columbia and 

is on call 24 hours a day; 

(3) at the discretion of the Director of the Department 

of Corrections, an officer or employee of the District of Columbia 

Department of Corrections who resides in the District of 

Columbia and is on call 24 hours a day; 

(4) at the discretion of the Chief Medical Examiner, an 

officer or employee of the Office of the Chief Medical Examiner 

who resides in the District of Columbia and is on call 24 

hours a day; 

(5) at the discretion of the Director of the Homeland Security and Emergency Management Agency, an officer or 

employee of the Homeland Security and Emergency Management Agency who resides in the District of Columbia and 

is on call 24 hours a day; 

(6) the Mayor of the District of Columbia; and 

(7) the Chairman of the Council of the District of Columbia. 

SEC. 806. (a) None of the Federal funds contained in this 

Act may be used by the District of Columbia Attorney General 

or any other officer or entity of the District government to provide 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2489 

assistance for any petition drive or civil action which seeks to 

require Congress to provide for voting representation in Congress 

for the District of Columbia. 

(b) Nothing in this section bars the District of Columbia 

Attorney General from reviewing or commenting on briefs in private 

lawsuits, or from consulting with officials of the District government 

regarding such lawsuits. 

SEC. 807. None of the Federal funds contained in this Act 

may be used to distribute any needle or syringe for the purpose 

of preventing the spread of blood borne pathogens in any location 

that has been determined by the local public health or local law 

enforcement authorities to be inappropriate for such distribution. 

SEC. 808. Nothing in this Act may be construed to prevent 

the Council or Mayor of the District of Columbia from addressing 

the issue of the provision of contraceptive coverage by health insurance plans, but it is the intent of Congress that any legislation 

enacted on such issue should include a ‘‘conscience clause’’ which 

provides exceptions for religious beliefs and moral convictions. 

SEC. 809. (a) None of the Federal funds contained in this 

Act may be used to enact or carry out any law, rule, or regulation 

to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the 

Controlled Substances Act (21 U.S.C. 801 et seq.) or any 

tetrahydrocannabinols derivative. 

(b) None of the funds contained in this Act may be used to 

enact any law, rule, or regulation to legalize or otherwise reduce 

penalties associated with the possession, use, or distribution of 

any schedule I substance under the Controlled Substances Act 

(21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative 

for recreational purposes. 

SEC. 810. None of the funds appropriated under this Act shall 

be expended for any abortion except where the life of the mother 

would be endangered if the fetus were carried to term or where 

the pregnancy is the result of an act of rape or incest. 

SEC. 811. (a) No later than 30 calendar days after the date 

of the enactment of this Act, the Chief Financial Officer for the 

District of Columbia shall submit to the appropriate committees 

of Congress, the Mayor, and the Council of the District of Columbia, 

a revised appropriated funds operating budget in the format of 

the budget that the District of Columbia government submitted 

pursuant to section 442 of the District of Columbia Home Rule 

Act (D.C. Official Code, sec. 1–204.42), for all agencies of the District 

of Columbia government for fiscal year 2016 that is in the total 

amount of the approved appropriation and that realigns all budgeted data for personal services and other-than-personal services, 

respectively, with anticipated actual expenditures. 

(b) This section shall apply only to an agency for which the 

Chief Financial Officer for the District of Columbia certifies that 

a reallocation is required to address unanticipated changes in program requirements. 

SEC. 812. No later than 30 calendar days after the date of 

the enactment of this Act, the Chief Financial Officer for the District 

of Columbia shall submit to the appropriate committees of Congress, 

the Mayor, and the Council for the District of Columbia, a revised 

appropriated funds operating budget for the District of Columbia 

Public Schools that aligns schools budgets to actual enrollment. 

The revised appropriated funds budget shall be in the format of 


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129 STAT. 2490 PUBLIC LAW 114–113—DEC. 18, 2015 

the budget that the District of Columbia government submitted 

pursuant to section 442 of the District of Columbia Home Rule 

Act (D.C. Official Code, sec. 1–204.42). 

SEC. 813. (a) Amounts appropriated in this Act as operating 

funds may be transferred to the District of Columbia’s enterprise 

and capital funds and such amounts, once transferred, shall retain 

appropriation authority consistent with the provisions of this Act. 

(b) The District of Columbia government is authorized to 

reprogram or transfer for operating expenses any local funds transferred or reprogrammed in this or the four prior fiscal years from 

operating funds to capital funds, and such amounts, once transferred or reprogrammed, shall retain appropriation authority consistent with the provisions of this Act. 

(c) The District of Columbia government may not transfer or 

reprogram for operating expenses any funds derived from bonds, 

notes, or other obligations issued for capital projects. 

SEC. 814. None of the Federal funds appropriated in this Act 

shall remain available for obligation beyond the current fiscal year, 

nor may any be transferred to other appropriations, unless expressly 

so provided herein. 

SEC. 815. Except as otherwise specifically provided by law 

or under this Act, not to exceed 50 percent of unobligated balances 

remaining available at the end of fiscal year 2016 from appropriations of Federal funds made available for salaries and expenses 

for fiscal year 2016 in this Act, shall remain available through 

September 30, 2017, for each such account for the purposes authorized: Provided, That a request shall be submitted to the Committees 

on Appropriations of the House of Representatives and the Senate 

for approval prior to the expenditure of such funds: Provided further, 

That these requests shall be made in compliance with reprogramming guidelines outlined in section 803 of this Act. 

SEC. 816. (a) During fiscal year 2017, during a period in which 

neither a District of Columbia continuing resolution or a regular 

District of Columbia appropriation bill is in effect, local funds 

are appropriated in the amount provided for any project or activity 

for which local funds are provided in the Fiscal Year 2017 Budget 

Request Act of 2016 as submitted to Congress (subject to any 

modifications enacted by the District of Columbia as of the beginning of the period during which this subsection is in effect) at 

the rate set forth by such Act. 

(b) Appropriations made by subsection (a) shall cease to be 

available— 

(1) during any period in which a District of Columbia 

continuing resolution for fiscal year 2017 is in effect; or 

(2) upon the enactment into law of the regular District 

of Columbia appropriation bill for fiscal year 2017. 

(c) An appropriation made by subsection (a) is provided under 

the authority and conditions as provided under this Act and shall 

be available to the extent and in the manner that would be provided 

by this Act. 

(d) An appropriation made by subsection (a) shall cover all 

obligations or expenditures incurred for such project or activity 

during the portion of fiscal year 2017 for which this section applies 

to such project or activity. 

(e) This section shall not apply to a project or activity during 

any period of fiscal year 2017 if any other provision of law (other 

than an authorization of appropriations)— 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2491 

(1) makes an appropriation, makes funds available, or 

grants authority for such project or activity to continue for 

such period; or 

(2) specifically provides that no appropriation shall be 

made, no funds shall be made available, or no authority shall 

be granted for such project or activity to continue for such 

period. 

(f) Nothing in this section shall be construed to affect obligations 

of the government of the District of Columbia mandated by other 

law. 

SEC. 817. (a) This section may be cited as the ‘‘D.C. Opportunity 

Scholarship Program School Certification Requirements Act’’. 

(b) Section 3007(a) of the Scholarships for Opportunity and 

Results Act (Public Law 112–10; 125 Stat. 203) is amended— 

(1) in paragraph (4)— 

(A) in subparagraph (E), by striking ‘‘and’’ after the 

semicolon; 

(B) in subparagraph (F), by striking the period at the 

end and inserting a semicolon; and 

(C) by adding at the end the following: 

‘‘(G)(i) is provisionally or fully accredited by a national 

or regional accrediting agency that is recognized in the 

District of Columbia School Reform Act of 1995 (sec. 38– 

1802.02(16)(A)–(G), D.C. Official Code) or any other accrediting body deemed appropriate by the Office of the State 

Superintendent for Schools for the purposes of accrediting 

an elementary or secondary school; or 

‘‘(ii) in the case of a school that is a participating 

school as of the day before the date of enactment 

of the D.C. Opportunity Scholarship Program School 

Certification Requirements Act and, as of such day, 

does not meet the requirements of clause (i)— 

‘‘(I) by not later than 1 year after such date 

of enactment, is pursuing accreditation by a 

national or regional accrediting agency recognized 

in the District of Columbia School Reform Act 

of 1995 (sec. 38–1802.02(16)(A)–(G), D.C. Official 

Code) or any other accrediting body deemed appropriate by the Office of the State Superintendent 

for Schools for the purposes of accrediting an 

elementary or secondary school; and 

‘‘(II) by not later than 5 years after such date 

of enactment, is provisionally or fully accredited 

by such accrediting agency, except that an eligible 

entity may grant not more than one 1-year extension to meet this requirement for each participating school that provides evidence to the eligible 

entity from such accrediting agency that the 

school’s application for accreditation is in process 

and the school will be awarded accreditation before 

the end of the 1-year extension period; 

‘‘(H) conducts criminal background checks on school 

employees who have direct and unsupervised interaction 

with students; and 

‘‘(I) complies with all requests for data and information 

regarding the reporting requirements described in section 

3010.’’; and 

D.C. Opportunity 

Scholarship 

Program School 

Certification 

Requirements 

Act. 


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129 STAT. 2492 PUBLIC LAW 114–113—DEC. 18, 2015 

(2) by adding at the end the following: 

‘‘(5) NEW PARTICIPATING SCHOOLS.—If a school is not a 

participating school as of the date of enactment of the D.C. 

Opportunity Scholarship Program School Certification Requirements Act, the school shall not become a participating school 

and none of the funds provided under this division for opportunity scholarships may be used by an eligible student to enroll 

in that school unless the school— 

‘‘(A) is actively pursuing provisional or full accreditation by a national or regional accrediting agency that is 

recognized in the District of Columbia School Reform Act 

of 1995 (sec. 38–1802.02(16)(A)–(G), D.C. Official Code) 

or any other accrediting body deemed appropriate by the 

Office of the State Superintendent for Schools for the purposes of accrediting an elementary or secondary school; 

and 

‘‘(B) meets all of the other requirements for participating schools under this Act. 

‘‘(6) ENROLLING IN ANOTHER SCHOOL.—An eligible entity 

shall assist the parents of a participating eligible student in 

identifying, applying to, and enrolling in an another participating school for which opportunity scholarship funds may be 

used, if— 

‘‘(A) such student is enrolled in a participating private 

school and may no longer use opportunity scholarship funds 

for enrollment in that participating private school because 

such school fails to meet a requirement under paragraph 

4, or any other requirement of this Act; or 

‘‘(B) a participating eligible student is enrolled in a 

school that ceases to be a participating school.’’. 

(c) REPORT TO ELIGIBLE ENTITIES.—Section 3010 of the Scholarships for Opportunity and Results Act (Public Law 112–10; 125 

Stat. 203) is further amended— 

(1) by redesignating subsection (d) as subsection (e); and 

(2) by inserting after subsection (c) the following: 

‘‘(d) REPORTS TO ELIGIBLE ENTITIES.—The eligible entity 

receiving funds under section 3004(a) shall ensure that each participating school under this division submits to the eligible entity 

beginning not later than 5 years after the date of the enactment 

of the D.C. Opportunity Scholarship Program School Certification 

Requirements Act, a certification that the school has been awarded 

provisional or full accreditation, or has been granted an extension 

by the eligible entity in accordance with section 3007(a)(4)(G).’’. 

(d) Unless specifically provided otherwise, this section, and 

the amendments made by this section, shall take effect 1 year 

after the date of enactment of this Act. 

SEC. 818. Subparagraph (G) of section 3(c)(2) of the District 

of Columbia College Access Act of 1999 (Public Law 106–98), as 

amended, is further amended: 

(1) by inserting after ‘‘(G)’’, ‘‘(i) for individuals who began 

an undergraduate course of study prior to school year 2015– 

2016,’’; and 

(2) by inserting the following before the period at the 

end: ‘‘and (ii) for individuals who begin an undergraduate course 

of study in or after school year 2016–2017, is from a family 

with a taxable annual income of less than $750,000. Beginning 

with school year 2017–2018, the Mayor shall adjust the 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2493 

amounts in clauses (i) and (ii) for inflation, as measured by 

the percentage increase, if any, from the preceding fiscal year 

in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics of the Department 

of Labor’’. 

SEC. 819. Except as expressly provided otherwise, any reference 

to ‘‘this Act’’ contained in this title or in title IV shall be treated 

as referring only to the provisions of this title or of title IV. 

This division may be cited as the ‘‘Financial Services and General Government Appropriations Act, 2016’’. 

DIVISION F—DEPARTMENT OF HOMELAND SECURITY 

APPROPRIATIONS ACT, 2016 

TITLE I 

DEPARTMENTAL MANAGEMENT AND OPERATIONS 

OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT

For necessary expenses of the Office of the Secretary of Homeland Security, as authorized by section 102 of the Homeland Security Act of 2002 (6 U.S.C. 112), and executive management of 

the Department of Homeland Security, as authorized by law, 

$137,466,000: Provided, That not to exceed $45,000 shall be for 

official reception and representation expenses: Provided further, That all official costs associated with the use of government aircraft 

by Department of Homeland Security personnel to support official 

travel of the Secretary and the Deputy Secretary shall be paid 

from amounts made available for the Immediate Office of the Secretary and the Immediate Office of the Deputy Secretary: Provided 

further, That not later than 30 days after the date of enactment 

of this Act, the Secretary of Homeland Security shall submit to 

the Committees on Appropriations of the Senate and the House 

of Representatives, the Committees on the Judiciary of the Senate 

and the House of Representatives, the Committee on Homeland 

Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives, 

the comprehensive plan for implementation of the biometric entry 

and exit data system as required under this heading in Public 

Law 114–4 and a report on visa overstay data by country as 

required by section 1376 of title 8, United States Code: Provided 

further, That the report on visa overstay data shall also include— 

(1) overstays from all nonimmigrant visa categories under 

the immigration laws, delineated by each of the classes and 

sub-classes of such categories; and 

(2) numbers as well as rates of overstays for each class 

and sub-class of such nonimmigrant categories on a per-country 

basis: 

Provided further, That of the funds provided under this heading, 

$13,000,000 shall be withheld from obligation for the Office of 

the Secretary and Executive Management until both the comprehensive plan and the report are submitted. 

OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

For necessary expenses of the Office of the Under Secretary 

for Management, as authorized by sections 701 through 705 of 

Department of 

Homeland 

Security 

Appropriations 

Act, 2016. 


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129 STAT. 2494 PUBLIC LAW 114–113—DEC. 18, 2015 

the Homeland Security Act of 2002 (6 U.S.C. 341 through 345), 

$196,810,000, of which not to exceed $2,000 shall be for official 

reception and representation expenses: Provided, That of the total 

amount made available under this heading, $4,456,000 shall remain 

available until September 30, 2017, solely for the alteration and 

improvement of facilities, tenant improvements, and relocation costs 

to consolidate Department headquarters operations at the Nebraska 

Avenue Complex; and $7,778,000 shall remain available until September 30, 2017, for the Human Resources Information Technology 

program: Provided further, That the Under Secretary for Management shall include in the President’s budget proposal for fiscal 

year 2017, submitted pursuant to section 1105(a) of title 31, United 

States Code, a Comprehensive Acquisition Status Report, which 

shall include the information required under the heading ‘‘Office 

of the Under Secretary for Management’’ under title I of division 

D of the Consolidated Appropriations Act, 2012 (Public Law 112– 

74), and shall submit quarterly updates to such report not later 

than 45 days after the completion of each quarter. 

OFFICE OF THE CHIEF FINANCIAL OFFICER

For necessary expenses of the Office of the Chief Financial 

Officer, as authorized by section 103 of the Homeland Security 

Act of 2002 (6 U.S.C. 113), $56,420,000: Provided, That the Secretary of Homeland Security shall submit to the Committees on 

Appropriations of the Senate and the House of Representatives, 

at the time the President’s budget proposal for fiscal year 2017 

is submitted pursuant to section 1105(a) of title 31, United States 

Code, the Future Years Homeland Security Program, as authorized 

by section 874 of Public Law 107–296 (6 U.S.C. 454). 

OFFICE OF THE CHIEF INFORMATION OFFICER

For necessary expenses of the Office of the Chief Information 

Officer, as authorized by section 103 of the Homeland Security 

Act of 2002 (6 U.S.C. 113), and Department-wide technology investments, $309,976,000; of which $109,957,000 shall be available for 

salaries and expenses; and of which $200,019,000, to remain available until September 30, 2017, shall be available for development 

and acquisition of information technology equipment, software, services, and related activities for the Department of Homeland Security. 

ANALYSIS AND OPERATIONS

For necessary expenses for intelligence analysis and operations 

coordination activities, as authorized by title II of the Homeland 

Security Act of 2002 (6 U.S.C. 121 et seq.), $264,714,000; of which 

not to exceed $3,825 shall be for official reception and representation 

expenses; of which not to exceed $2,000,000 is available for facility 

needs associated with secure space at fusion centers, including 

improvements to buildings; and of which $111,021,000 shall remain 

available until September 30, 2017. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2495 

(5 U.S.C. App.), $137,488,000; of which not to exceed $300,000 

may be used for certain confidential operational expenses, including 

the payment of informants, to be expended at the direction of 

the Inspector General. 

TITLE II 

SECURITY, ENFORCEMENT, AND INVESTIGATIONS 

U.S. CUSTOMS AND BORDER PROTECTION

SALARIES AND EXPENSES

For necessary expenses for enforcement of laws relating to 

border security, immigration, customs, agricultural inspections and 

regulatory activities related to plant and animal imports, and 

transportation of unaccompanied minor aliens; purchase and lease 

of up to 7,500 (6,500 for replacement only) police-type vehicles; 

and contracting with individuals for personal services abroad; 

$8,628,902,000; of which $3,274,000 shall be derived from the 

Harbor Maintenance Trust Fund for administrative expenses 

related to the collection of the Harbor Maintenance Fee pursuant 

to section 9505(c)(3) of the Internal Revenue Code of 1986 (26 

U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) of the 

Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which 

$30,000,000 shall be available until September 30, 2017, solely 

for the purpose of recruiting, hiring, training, and equipping law 

enforcement officers and Border Patrol agents; of which not to 

exceed $34,425 shall be for official reception and representation 

expenses; of which such sums as become available in the Customs 

User Fee Account, except sums subject to section 13031(f)(3) of 

the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 

U.S.C. 58c(f)(3)), shall be derived from that account; of which not 

to exceed $150,000 shall be available for payment for rental space 

in connection with preclearance operations; and of which not to 

exceed $1,000,000 shall be for awards of compensation to informants, to be accounted for solely under the certificate of the Secretary 

of Homeland Security: Provided, That of the amounts made available under this heading for Inspection and Detection Technology 

Investments, $18,500,000 shall remain available until September 

30, 2018: Provided further, That for fiscal year 2016, the overtime 

limitation prescribed in section 5(c)(1) of the Act of February 13, 

1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and notwithstanding 

any other provision of law, none of the funds appropriated by 

this Act shall be available to compensate any employee of U.S. 

Customs and Border Protection for overtime, from whatever source, 

in an amount that exceeds such limitation, except in individual 

cases determined by the Secretary of Homeland Security, or the 

designee of the Secretary, to be necessary for national security 

purposes, to prevent excessive costs, or in cases of immigration 

emergencies: Provided further, That the Border Patrol shall maintain an active duty presence of not less than 21,370 full-time 

equivalent agents protecting the borders of the United States in 

the fiscal year. 


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129 STAT. 2496 PUBLIC LAW 114–113—DEC. 18, 2015 

AUTOMATION MODERNIZATION

For necessary expenses for U.S. Customs and Border Protection 

for operation and improvement of automated systems, including 

salaries and expenses, $829,460,000; of which $465,732,000 shall 

remain available until September 30, 2018; and of which not less 

than $151,184,000 shall be for the development of the Automated 

Commercial Environment. 

BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY

For necessary expenses for border security fencing, infrastructure, and technology, $447,461,000; of which $273,931,000 shall 

remain available until September 30, 2017, for operations and 

maintenance; and of which $173,530,000 shall remain available 

until September 30, 2018, for development and deployment. 

AIR AND MARINE OPERATIONS

For necessary expenses for the operations, maintenance, and 

procurement of marine vessels, aircraft, unmanned aerial systems, 

the Air and Marine Operations Center, and other related equipment 

of the air and marine program, including salaries and expenses, 

operational training, and mission-related travel, the operations of 

which include the following: the interdiction of narcotics and other 

goods; the provision of support to Federal, State, and local agencies 

in the enforcement or administration of laws enforced by the Department of Homeland Security; and, at the discretion of the Secretary 

of Homeland Security, the provision of assistance to Federal, State, 

and local agencies in other law enforcement and emergency humanitarian efforts; $802,298,000; of which $300,429,000 shall be available for salaries and expenses; and of which $501,869,000 shall 

remain available until September 30, 2018: Provided, That no aircraft or other related equipment, with the exception of aircraft 

that are one of a kind and have been identified as excess to 

U.S. Customs and Border Protection requirements and aircraft that 

have been damaged beyond repair, shall be transferred to any 

other Federal agency, department, or office outside of the Department of Homeland Security during fiscal year 2016 without prior 

notice to the Committees on Appropriations of the Senate and 

the House of Representatives: Provided further, That funding made 

available under this heading shall be available for customs expenses 

when necessary to maintain or to temporarily increase operations 

in Puerto Rico. 

CONSTRUCTION AND FACILITIES MANAGEMENT

For necessary expenses to plan, acquire, construct, renovate, 

equip, furnish, operate, manage, and maintain buildings, facilities, 

and related infrastructure necessary for the administration and 

enforcement of the laws relating to customs, immigration, and 

border security, $340,128,000, to remain available until September 

30, 2020. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2497 

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

SALARIES AND EXPENSES

For necessary expenses for enforcement of immigration and 

customs laws, detention and removals, and investigations, including 

intellectual property rights and overseas vetted units operations; 

and purchase and lease of up to 3,790 (2,350 for replacement 

only) police-type vehicles; $5,779,041,000; of which not to exceed 

$10,000,000 shall be available until expended for conducting special 

operations under section 3131 of the Customs Enforcement Act 

of 1986 (19 U.S.C. 2081); of which not to exceed $11,475 shall 

be for official reception and representation expenses; of which not 

to exceed $2,000,000 shall be for awards of compensation to informants, to be accounted for solely under the certificate of the Secretary 

of Homeland Security; of which not less than $305,000 shall be 

for promotion of public awareness of the child pornography tipline 

and activities to counter child exploitation; of which not less than 

$5,400,000 shall be used to facilitate agreements consistent with 

section 287(g) of the Immigration and Nationality Act (8 U.S.C. 

1357(g)); of which not to exceed $45,000,000, to remain available 

until September 30, 2017, is for maintenance, construction, and 

leasehold improvements at owned and leased facilities; and of which 

not to exceed $11,216,000 shall be available to fund or reimburse 

other Federal agencies for the costs associated with the care, 

maintenance, and repatriation of smuggled aliens unlawfully 

present in the United States: Provided, That of the total amount 

made available under this heading, $100,000,000 shall be withheld 

from obligation until the Director of U.S. Immigration and Customs 

Enforcement submits to the Committees on Appropriations of the 

Senate and the House of Representatives a report detailing the 

number of full-time equivalent employees hired and lost through 

attrition for the period beginning on October 1, 2015, and ending 

on June 30, 2016: Provided further, That of the total amount made 

available under this heading, $5,000,000 shall be withheld from 

obligation until the Director of U.S. Immigration and Customs 

Enforcement briefs the Committees on Appropriations of the Senate 

and the House of Representatives on efforts to increase the number 

of communities and law enforcement agencies participating in the 

Priority Enforcement Program, including details as to the jurisdictions and law enforcement agencies approached and the level of 

participation on a by-community basis: Provided further, That none 

of the funds made available under this heading shall be available 

to compensate any employee for overtime in an annual amount 

in excess of $35,000, except that the Secretary of Homeland Security, or the designee of the Secretary, may waive that amount 

as necessary for national security purposes and in cases of immigration emergencies: Provided further, That of the total amount provided, $15,770,000 shall be for activities to enforce laws against 

forced child labor, of which not to exceed $6,000,000 shall remain 

available until expended: Provided further, That of the total amount 

available, not less than $1,600,000,000 shall be available to identify 

aliens convicted of a crime who may be deportable, and to remove 

them from the United States once they are judged deportable: 

Provided further, That the Secretary of Homeland Security shall 

prioritize the identification and removal of aliens convicted of a 

crime by the severity of that crime: Provided further, That funding 


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129 STAT. 2498 PUBLIC LAW 114–113—DEC. 18, 2015 

made available under this heading shall maintain a level of not 

less than 34,000 detention beds through September 30, 2016: Provided further, That of the total amount provided, not less than $3,217,942,000 is for enforcement, detention, and removal operations, including transportation of unaccompanied minor aliens: 

Provided further, That of the amount provided for Custody Oper- ations in the previous proviso, $45,000,000 shall remain available 

until September 30, 2020: Provided further, That of the total amount 

provided for the Visa Security Program and international investigations, $13,300,000 shall remain available until September 30, 2017: 

Provided further, That not less than $15,000,000 shall be available 

for investigation of intellectual property rights violations, including 

operation of the National Intellectual Property Rights Coordination 

Center: Provided further, That none of the funds provided under 

this heading may be used to continue a delegation of law enforcement authority authorized under section 287(g) of the Immigration 

and Nationality Act (8 U.S.C. 1357(g)) if the Department of Homeland Security Inspector General determines that the terms of the 

agreement governing the delegation of authority have been materially violated: Provided further, That none of the funds provided 

under this heading may be used to continue any contract for the 

provision of detention services if the two most recent overall 

performance evaluations received by the contracted facility are less 

than ‘‘adequate’’ or the equivalent median score in any subsequent 

performance evaluation system: Provided further, That nothing 

under this heading shall prevent U.S. Immigration and Customs 

Enforcement from exercising those authorities provided under the 

immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) during priority 

operations pertaining to aliens convicted of a crime: Provided further, That without regard to the limitation as to time and condition 

of section 503(d) of this Act, the Secretary may propose to reprogram 

and transfer funds within and into this appropriation necessary 

to ensure the detention of aliens prioritized for removal. 

AUTOMATION MODERNIZATION

For expenses of immigration and customs enforcement auto- mated systems, $53,000,000, to remain available until September 

30, 2018. 

TRANSPORTATION SECURITY ADMINISTRATION

AVIATION SECURITY

For necessary expenses of the Transportation Security Administration related to providing civil aviation security services pursuant 

to the Aviation and Transportation Security Act (Public Law 107– 

71; 115 Stat. 597; 49 U.S.C. 40101 note), $5,719,437,000, to remain 

available until September 30, 2017; of which not to exceed $7,650 

shall be for official reception and representation expenses: Provided, 

That any award to deploy explosives detection systems shall be 

based on risk, the airport’s current reliance on other screening 

solutions, lobby congestion resulting in increased security concerns, 

high injury rates, airport readiness, and increased cost effectiveness: 

Provided further, That security service fees authorized under section 

44940 of title 49, United States Code, shall be credited to this 

appropriation as offsetting collections and shall be available only 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2499 

for aviation security: Provided further, That the sum appropriated 

under this heading from the general fund shall be reduced on 

a dollar-for-dollar basis as such offsetting collections are received 

during fiscal year 2016 so as to result in a final fiscal year appropriation from the general fund estimated at not more than 

$3,589,437,000: Provided further, That the funds deposited pursuant 

to section 44945 of title 49, United States Code, that are currently 

unavailable for obligation are hereby permanently cancelled: Provided further, That notwithstanding section 44923 of title 49, United 

States Code, for fiscal year 2016, any funds in the Aviation Security 

Capital Fund established by section 44923(h) of title 49, United 

States Code, may be used for the procurement and installation 

of explosives detection systems or for the issuance of other transaction agreements for the purpose of funding projects described 

in section 44923(a) of such title: Provided further, That notwithstanding any other provision of law, for the current fiscal year 

and each fiscal year hereafter, mobile explosives detection systems 

purchased and deployed using funds made available under this 

heading may be moved and redeployed to meet evolving passenger 

and baggage screening security priorities at airports: Provided further, That none of the funds made available in this Act may be 

used for any recruiting or hiring of personnel into the Transportation Security Administration that would cause the agency to 

exceed a staffing level of 45,000 full-time equivalent screeners: 

Provided further, That the preceding proviso shall not apply to 

personnel hired as part-time employees: Provided further, That 

not later than 90 days after the date of enactment of this Act, 

the Secretary of Homeland Security shall submit to the Committees 

on Appropriations of the Senate and the House of Representatives 

a detailed report on— 

(1) the Department of Homeland Security efforts and 

resources being devoted to develop more advanced integrated 

passenger screening technologies for the most effective security 

of passengers and baggage at the lowest possible operating 

and acquisition costs, including projected funding levels for 

each fiscal year for the next 5 years or until project completion, 

whichever is earlier; 

(2) how the Transportation Security Administration is 

deploying its existing passenger and baggage screener 

workforce in the most cost-effective manner; and 

(3) labor savings from the deployment of improved technologies for passenger and baggage screening, including highspeed baggage screening, and how those savings are being 

used to offset security costs or reinvested to address security 

vulnerabilities: 

Provided further, That Members of the United States House of 

Representatives and the United States Senate, including the leadership; the heads of Federal agencies and commissions, including 

the Secretary, Deputy Secretary, Under Secretaries, and Assistant 

Secretaries of the Department of Homeland Security; the United 

States Attorney General, Deputy Attorney General, Assistant Attorneys General, and the United States Attorneys; and senior members 

of the Executive Office of the President, including the Director 

of the Office of Management and Budget, shall not be exempt 

from Federal passenger and baggage screening. 

49 USC 44925 

note. 


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129 STAT. 2500 PUBLIC LAW 114–113—DEC. 18, 2015 

SURFACE TRANSPORTATION SECURITY

For necessary expenses of the Transportation Security Administration related to surface transportation security activities, 

$110,798,000, to remain available until September 30, 2017. 

INTELLIGENCE AND VETTING

For necessary expenses for the development and implementa- tion of intelligence and vetting activities, $236,693,000, to remain 

available until September 30, 2017. 

TRANSPORTATION SECURITY SUPPORT

For necessary expenses of the Transportation Security Administration related to transportation security support pursuant to the 

Aviation and Transportation Security Act (Public Law 107–71; 115 

Stat. 597; 49 U.S.C. 40101 note), $924,015,000, to remain available 

until September 30, 2017. 

COAST GUARD

OPERATING EXPENSES

For necessary expenses for the operations and maintenance 

of the Coast Guard, not otherwise provided for; purchase or lease 

of not to exceed 25 passenger motor vehicles, which shall be for 

replacement only; purchase or lease of small boats for contingent 

and emergent requirements (at a unit cost of no more than 

$700,000) and repairs and service-life replacements, not to exceed 

a total of $31,000,000; purchase or lease of boats necessary for 

overseas deployments and activities; purchase or lease of other 

equipment (at a unit cost of no more than $250,000); minor shore 

construction projects not exceeding $1,000,000 in total cost on any 

location; payments pursuant to section 156 of Public Law 97– 

377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and welfare; 

$7,061,490,000, of which $500,002,000 shall be for defense-related 

activities, of which $160,002,000 is designated by the Congress 

for Overseas Contingency Operations/Global War on Terrorism 

pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 

Emergency Deficit Control Act of 1985; of which $24,500,000 shall 

be derived from the Oil Spill Liability Trust Fund to carry out 

the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 

(33 U.S.C. 2712(a)(5)); and of which not to exceed $23,000 shall 

be for official reception and representation expenses: Provided, That 

none of the funds made available by this Act shall be for expenses 

incurred for recreational vessels under section 12114 of title 46, 

United States Code, except to the extent fees are collected from 

owners of yachts and credited to this appropriation: Provided further, That to the extent fees are insufficient to pay expenses of 

recreational vessel documentation under such section 12114, and 

there is a backlog of recreational vessel applications, then personnel 

performing non-recreational vessel documentation functions under 

subchapter II of chapter 121 of title 46, United States Code, may 

perform documentation under section 12114: Provided further, That 

of the funds provided under this heading, $85,000,000 shall be 

withheld from obligation for Coast Guard Headquarters Directorates 

until a future-years capital investment plan for fiscal years 2017 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2501 

through 2021, as specified under the heading ‘‘Coast Guard, Acquisition, Construction, and Improvements’’ of this Act, is submitted 

to the Committees on Appropriations of the Senate and the House 

of Representatives: Provided further, That funds made available 

under this heading for Overseas Contingency Operations/Global 

War on Terrorism may be allocated by program, project, and 

activity, notwithstanding section 503 of this Act: Provided further, 

That without regard to the limitation as to time and condition 

of section 503(d) of this Act, after June 30, up to $10,000,000 

may be reprogrammed to or from Military Pay and Allowances 

in accordance with subsections (a), (b), and (c) of section 503. 

ENVIRONMENTAL COMPLIANCE AND RESTORATION

For necessary expenses to carry out the environmental compliance and restoration functions of the Coast Guard under chapter 

19 of title 14, United States Code, $13,221,000, to remain available 

until September 30, 2020. 

RESERVE TRAINING

For necessary expenses of the Coast Guard Reserve, as authorized by law; operations and maintenance of the Coast Guard reserve 

program; personnel and training costs; and equipment and services; 

$110,614,000. 

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of acquisition, construction, renovation, 

and improvement of aids to navigation, shore facilities, vessels, 

and aircraft, including equipment related thereto; and maintenance, 

rehabilitation, lease, and operation of facilities and equipment; as 

authorized by law; $1,945,169,000; of which $20,000,000 shall be 

derived from the Oil Spill Liability Trust Fund to carry out the 

purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 

(33 U.S.C. 2712(a)(5)); and of which the following amounts shall 

be available until September 30, 2020 (except as subsequently specified): $21,000,000 for military family housing; $1,264,400,000 to 

acquire, effect major repairs to, renovate, or improve vessels, small 

boats, and related equipment; $295,000,000 to acquire, effect major 

repairs to, renovate, or improve aircraft or increase aviation capability; $65,100,000 for other acquisition programs; $181,600,000 

for shore facilities and aids to navigation, including facilities at 

Department of Defense installations used by the Coast Guard; 

and $118,069,000, to remain available until September 30, 2016, 

for personnel compensation and benefits and related costs: Provided, 

That of the funds provided by this Act, not less than $640,000,000 

shall be immediately available and allotted to contract for the 

production of the ninth National Security Cutter notwithstanding 

the availability of funds for post-production costs: Provided further, 

That the Commandant of the Coast Guard shall submit to the 

Congress, at the time the President’s budget proposal for fiscal 

year 2017 is submitted pursuant to section 1105(a) of title 31, 

United States Code, a future-years capital investment plan as 

described in the second proviso under the heading ‘‘Coast Guard, 

Acquisition, Construction, and Improvements’’ in the Department 

of Homeland Security Appropriations Act, 2015 (Public Law 114– 

14 USC 663 note. 


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129 STAT. 2502 PUBLIC LAW 114–113—DEC. 18, 2015 

4), which shall be subject to the requirements in the third and 

fourth provisos under such heading. 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

For necessary expenses for applied scientific research, development, test, and evaluation; and for maintenance, rehabilitation, 

lease, and operation of facilities and equipment; as authorized by 

law; $18,019,000, to remain available until September 30, 2018, 

of which $500,000 shall be derived from the Oil Spill Liability 

Trust Fund to carry out the purposes of section 1012(a)(5) of the 

Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)): Provided, That 

there may be credited to and used for the purposes of this appropriation funds received from State and local governments, other public 

authorities, private sources, and foreign countries for expenses 

incurred for research, development, testing, and evaluation. 

RETIRED PAY

For retired pay, including the payment of obligations otherwise 

chargeable to lapsed appropriations for this purpose, payments 

under the Retired Serviceman’s Family Protection and Survivor 

Benefits Plans, payment for career status bonuses, concurrent 

receipts, and combat-related special compensation under the 

National Defense Authorization Act, and payments for medical care 

of retired personnel and their dependents under chapter 55 of 

title 10, United States Code, $1,604,000,000, to remain available 

until expended. 

UNITED STATES SECRET SERVICE

SALARIES AND EXPENSES

For necessary expenses of the United States Secret Service, 

including purchase of not to exceed 652 vehicles for police-type 

use for replacement only; hire of passenger motor vehicles; purchase 

of motorcycles made in the United States; hire of aircraft; services 

of expert witnesses at such rates as may be determined by the 

Director of the United States Secret Service; rental of buildings 

in the District of Columbia, and fencing, lighting, guard booths, 

and other facilities on private or other property not in Government 

ownership or control, as may be necessary to perform protective 

functions; payment of per diem or subsistence allowances to 

employees in cases in which a protective assignment on the actual 

day or days of the visit of a protectee requires an employee to 

work 16 hours per day or to remain overnight at a post of duty; 

conduct of and participation in firearms matches; presentation of 

awards; travel of United States Secret Service employees on protective missions without regard to the limitations on such expenditures 

in this or any other Act if approval is obtained in advance from 

the Committees on Appropriations of the Senate and the House 

of Representatives; research and development; grants to conduct 

behavioral research in support of protective research and operations; 

and payment in advance for commercial accommodations as may 

be necessary to perform protective functions; $1,854,526,000; of 

which not to exceed $19,125 shall be for official reception and 

representation expenses; of which not to exceed $100,000 shall 

be to provide technical assistance and equipment to foreign law 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2503 

enforcement organizations in counterfeit investigations; of which 

$2,366,000 shall be for forensic and related support of investigations 

of missing and exploited children; of which $6,000,000 shall be 

for a grant for activities related to investigations of missing and 

exploited children and shall remain available until September 30, 

2017; and of which not less than $12,000,000 shall be for activities 

related to training in electronic crimes investigations and forensics: 

Provided, That $18,000,000 for protective travel shall remain available until September 30, 2017: Provided further, That of the 

amounts made available under this heading for security improvements at the White House complex, $8,200,000 shall remain available until September 30, 2017: Provided further, That $4,500,000 

for National Special Security Events shall remain available until 

expended: Provided further, That the United States Secret Service 

is authorized to obligate funds in anticipation of reimbursements 

from Federal agencies and entities, as defined in section 105 of 

title 5, United States Code, for personnel receiving training sponsored by the James J. Rowley Training Center, except that total 

obligations at the end of the fiscal year shall not exceed total 

budgetary resources available under this heading at the end of 

the fiscal year: Provided further, That none of the funds made 

available under this heading shall be available to compensate any 

employee for overtime in an annual amount in excess of $35,000, 

except that the Secretary of Homeland Security, or the designee 

of the Secretary, may waive that amount as necessary for national 

security purposes: Provided further, That none of the funds made 

available to the United States Secret Service by this Act or by 

previous appropriations Acts may be made available for the protection of the head of a Federal agency other than the Secretary 

of Homeland Security: Provided further, That the Director of the 

United States Secret Service may enter into an agreement to provide such protection on a fully reimbursable basis: Provided further, 

That none of the funds made available to the United States Secret 

Service by this Act or by previous appropriations Acts may be 

obligated for the purpose of opening a new permanent domestic 

or overseas office or location unless the Committees on Appropriations of the Senate and the House of Representatives are notified 

15 days in advance of such obligation: Provided further, That for 

purposes of section 503 of this Act, $15,000,000 or 10 percent, 

whichever is less, may be reprogrammed between Protection of 

Persons and Facilities and Domestic Field Operations. 

ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED

EXPENSES

For necessary expenses for acquisition, construction, repair, 

alteration, and improvement of physical and technological infrastructure, $79,019,000, to remain available until September 30, 

2018. 


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129 STAT. 2504 PUBLIC LAW 114–113—DEC. 18, 2015 

TITLE III 

PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY 

NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

MANAGEMENT AND ADMINISTRATION

For the management and administration of the National Protection and Programs Directorate, and support for operations and 

information technology, $62,132,000: Provided, That not to exceed 

$3,825 shall be for official reception and representation expenses. 

INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY

For necessary expenses for infrastructure protection and 

information security programs and activities, as authorized by title 

II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 

$1,291,000,000, of which $289,650,000 shall remain available until 

September 30, 2017. 

FEDERAL PROTECTIVE SERVICE

The revenues and collections of security fees credited to this 

account shall be available until expended for necessary expenses 

related to the protection of federally owned and leased buildings 

and for the operations of the Federal Protective Service: Provided, 

That the Director of the Federal Protective Service shall submit 

at the time the President’s budget proposal for fiscal year 2017 

is submitted pursuant to section 1105(a) of title 31, United States 

Code, a strategic human capital plan that aligns fee collections 

to personnel requirements based on a current threat assessment. 

OFFICE OF BIOMETRIC IDENTITY MANAGEMENT

For necessary expenses for the Office of Biometric Identity 

Management, as authorized by section 7208 of the Intelligence 

Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), 

$282,473,000, of which $159,054,000 shall remain available until 

September 30, 2018. 

OFFICE OF HEALTH AFFAIRS

For necessary expenses of the Office of Health Affairs, 

$125,369,000; of which $27,010,000 is for salaries and expenses 

and $82,078,000 is for BioWatch operations: Provided, That of the 

amount made available under this heading, $16,281,000 shall 

remain available until September 30, 2017, for biosurveillance, 

chemical defense, medical and health planning and coordination, 

and workforce health protection. 

FEDERAL EMERGENCY MANAGEMENT AGENCY

SALARIES AND EXPENSES

For necessary expenses of the Federal Emergency Management 

Agency, $960,754,000, including activities authorized by the 

National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), 

the Robert T. Stafford Disaster Relief and Emergency Assistance 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2505 

Act (42 U.S.C. 5121 et seq.), the Cerro Grande Fire Assistance 

Act of 2000 (division C, title I, 114 Stat. 583), the Earthquake 

Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the Defense 

Production Act of 1950 (50 U.S.C. App. 2061 et seq.), sections 

107 and 303 of the National Security Act of 1947 (50 U.S.C. 404, 

405), Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), the 

National Dam Safety Program Act (33 U.S.C. 467 et seq.), the 

Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), the Implementing Recommendations of the 9/11 Commission Act of 2007 

(Public Law 110–53), the Federal Fire Prevention and Control Act 

of 1974 (15 U.S.C. 2201 et seq.), the Post-Katrina Emergency 

Management Reform Act of 2006 (Public Law 109–295; 120 Stat. 

1394), the Biggert-Waters Flood Insurance Reform Act of 2012 

(Public Law 112–141, 126 Stat. 916), and the Homeowner Flood 

Insurance Affordability Act of 2014 (Public Law 113–89): Provided, 

That not to exceed $2,250 shall be for official reception and representation expenses: Provided further, That of the total amount 

made available under this heading, $35,180,000 shall be for the 

Urban Search and Rescue Response System, of which none is available for Federal Emergency Management Agency administrative 

costs: Provided further, That of the total amount made available 

under this heading, $27,500,000 shall remain available until September 30, 2017, for capital improvements and other expenses 

related to continuity of operations at the Mount Weather Emergency 

Operations Center: Provided further, That of the total amount made 

available, $3,422,000 shall be for the Office of National Capital 

Region Coordination. 

STATE AND LOCAL PROGRAMS

For grants, contracts, cooperative agreements, and other activities, $1,500,000,000, which shall be allocated as follows: 

(1) $467,000,000 shall be for the State Homeland Security 

Grant Program under section 2004 of the Homeland Security 

Act of 2002 (6 U.S.C. 605), of which $55,000,000 shall be 

for Operation Stonegarden: Provided, That notwithstanding 

subsection (c)(4) of such section 2004, for fiscal year 2016, 

the Commonwealth of Puerto Rico shall make available to 

local and tribal governments amounts provided to the Commonwealth of Puerto Rico under this paragraph in accordance with 

subsection (c)(1) of such section 2004. 

(2) $600,000,000 shall be for the Urban Area Security Initiative under section 2003 of the Homeland Security Act of 

2002 (6 U.S.C. 604), of which $20,000,000 shall be for organizations (as described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) 

of such code) determined by the Secretary of Homeland Security 

to be at high risk of a terrorist attack. 

(3) $100,000,000 shall be for Public Transportation Security 

Assistance, Railroad Security Assistance, and Over-the-Road 

Bus Security Assistance under sections 1406, 1513, and 1532 

of the Implementing Recommendations of the 9/11 Commission 

Act of 2007 (Public Law 110–53; 6 U.S.C. 1135, 1163, and 

1182), of which $10,000,000 shall be for Amtrak security and 

$3,000,000 shall be for Over-the-Road Bus Security: Provided, 

That such public transportation security assistance shall be 

provided directly to public transportation agencies. 


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129 STAT. 2506 PUBLIC LAW 114–113—DEC. 18, 2015 

(4) $100,000,000 shall be for Port Security Grants in accordance with 46 U.S.C. 70107. 

(5) $233,000,000 shall be to sustain current operations 

for training, exercises, technical assistance, and other programs, 

of which $162,991,000 shall be for training of State, local, 

and tribal emergency response providers: 

Provided, That for grants under paragraphs (1) through (4), applications for grants shall be made available to eligible applicants not 

later than 60 days after the date of enactment of this Act, that 

eligible applicants shall submit applications not later than 80 days 

after the grant announcement, and the Administrator of the Federal 

Emergency Management Agency shall act within 65 days after 

the receipt of an application: Provided further, That notwithstanding 

section 2008(a)(11) of the Homeland Security Act of 2002 (6 U.S.C. 

609(a)(11)) or any other provision of law, a grantee may not use 

more than 5 percent of the amount of a grant made available 

under this heading for expenses directly related to administration 

of the grant: Provided further, That for grants under paragraphs 

(1) and (2), the installation of communications towers is not considered construction of a building or other physical facility: Provided 

further, That grantees shall provide reports on their use of funds, 

as determined necessary by the Secretary of Homeland Security: 

Provided further, That notwithstanding section 509 of this Act, 

the Administrator of the Federal Emergency Management Agency 

may use the funds provided in paragraph (5) to acquire real property 

for the purpose of establishing or appropriately extending the security buffer zones around Federal Emergency Management Agency 

training facilities. 

FIREFIGHTER ASSISTANCE GRANTS

For grants for programs authorized by the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), $690,000,000, 

to remain available until September 30, 2017, of which $345,000,000 

shall be available to carry out section 33 of that Act (15 U.S.C. 

2229) and $345,000,000 shall be available to carry out section 

34 of that Act (15 U.S.C. 2229a). 

EMERGENCY MANAGEMENT PERFORMANCE GRANTS

For emergency management performance grants, as authorized 

by the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et 

seq.), the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization Plan 

No. 3 of 1978 (5 U.S.C. App.), $350,000,000. 

RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

The aggregate charges assessed during fiscal year 2016, as 

authorized in title III of the Departments of Veterans Affairs and 

Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 

percent of the amounts anticipated by the Department of Homeland 

Security necessary for its radiological emergency preparedness program for the next fiscal year: Provided, That the methodology 

for assessment and collection of fees shall be fair and equitable 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2507 

and shall reflect costs of providing such services, including administrative costs of collecting such fees: Provided further, That fees 

received under this heading shall be deposited in this account 

as offsetting collections and will become available for authorized 

purposes on October 1, 2016, and remain available until expended. 

UNITED STATES FIRE ADMINISTRATION

For necessary expenses of the United States Fire Administration and for other purposes, as authorized by the Federal Fire 

Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) and 

the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), 

$44,000,000. 

DISASTER RELIEF FUND

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses in carrying out the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 

et seq.), $7,374,693,000 to remain available until expended, of which 

$24,000,000 shall be transferred to the Department of Homeland 

Security Office of Inspector General for audits and investigations 

related to disasters: Provided, That the reporting requirements 

in paragraphs (1) and (2) under the heading ‘‘Federal Emergency 

Management Agency, Disaster Relief Fund’’ in the Department 

of Homeland Security Appropriations Act, 2015 (Public Law 114– 

4) shall be applied in fiscal year 2016 with respect to budget 

year 2017 and current fiscal year 2016, respectively, by substituting 

‘‘fiscal year 2017’’ for ‘‘fiscal year 2016’’ in paragraph (1): Provided 

further, That of the amount provided under this heading, 

$6,712,953,000 shall be for major disasters declared pursuant to 

the Robert T. Stafford Disaster Relief and Emergency Assistance 

Act (42 U.S.C. 5121 et seq.): Provided further, That the amount 

in the preceding proviso is designated by the Congress as being 

for disaster relief pursuant to section 251(b)(2)(D) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

FLOOD HAZARD MAPPING AND RISK ANALYSIS PROGRAM

For necessary expenses, including administrative costs, under 

section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 

4101), and under sections 100215, 100216, 100226, 100230, and 

100246 of the Biggert-Waters Flood Insurance Reform Act of 2012, 

(Public Law 112–141, 126 Stat. 916), $190,000,000, and such additional sums as may be provided by State and local governments 

or other political subdivisions for cost-shared mapping activities 

under section 1360(f)(2) of such Act (42 U.S.C. 4101(f)(2)), to remain 

available until expended. 

NATIONAL FLOOD INSURANCE FUND

For activities under the National Flood Insurance Act of 1968 

(42 U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 

(42 U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform 

Act of 2012 (Public Law 112–141, 126 Stat. 916), and the Homeowner Flood Insurance Affordability Act of 2014 (Public Law 113– 

89; 128 Stat. 1020), $181,198,000, which shall remain available 


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129 STAT. 2508 PUBLIC LAW 114–113—DEC. 18, 2015 

until September 30, 2017, and shall be derived from offsetting 

amounts collected under section 1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)); of which $25,299,000 shall 

be available for salaries and expenses associated with flood management and flood insurance operations and $155,899,000 shall be 

available for flood plain management and flood mapping: Provided, 

That any additional fees collected pursuant to section 1308(d) of 

the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall 

be credited as an offsetting collection to this account, to be available 

for flood plain management and flood mapping: Provided further, 

That in fiscal year 2016, no funds shall be available from the 

National Flood Insurance Fund under section 1310 of the National 

Flood Insurance Act of 1968 (42 U.S.C. 4017) in excess of: 

(1) $133,252,000 for operating expenses; 

(2) $1,123,000,000 for commissions and taxes of agents; 

(3) such sums as are necessary for interest on Treasury 

borrowings; and 

(4) $175,000,000, which shall remain available until 

expended, for flood mitigation actions and for flood mitigation 

assistance under section 1366 of the National Flood Insurance 

Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e) 

and 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017): 

Provided further, That the amounts collected under section 102 

of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) 

and section 1366(e) of the National Flood Insurance Act of 1968 

shall be deposited in the National Flood Insurance Fund to supplement other amounts specified as available for section 1366 of the 

National Flood Insurance Act of 1968, notwithstanding section 

102(f)(8), section 1366(e), and paragraphs (1) through (3) of section 

1367(b) of such Act (42 U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)– 

(3)): Provided further, That total administrative costs shall not 

exceed 4 percent of the total appropriation: Provided further, That 

up to $5,000,000 is available to carry out section 24 of the Homeowner Flood Insurance Affordability Act of 2014 (42 U.S.C. 4033). 

NATIONAL PREDISASTER MITIGATION FUND

For the predisaster mitigation grant program under section 

203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133), $100,000,000, to remain available until 

expended. 

EMERGENCY FOOD AND SHELTER

To carry out the Emergency Food and Shelter program pursuant to title III of the McKinney-Vento Homeless Assistance Act 

(42 U.S.C. 11331 et seq.), $120,000,000, to remain available until 

expended: Provided, That total administrative costs shall not exceed 

3.5 percent of the total amount made available under this heading: 

Provided further, That if the President’s budget proposal for fiscal 

year 2017, submitted pursuant to section 1105(a) of title 31, United 

States Code, proposes to move the Emergency Food and Shelter 

program from the Federal Emergency Management Agency to the 

Department of Housing and Urban Development, or to fund such 

program directly through the Department of Housing and Urban 

Development, a joint transition plan from the Federal Emergency 

Management Agency and the Department of Housing and Urban 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2509 

Development shall be submitted to the Committees on Appropriations of the Senate and the House of Representatives not later 

than 90 days after the date the fiscal year 2017 budget is submitted 

to Congress: Provided further, That such plan shall include details 

on the transition of programmatic responsibilities, efforts to consult 

with stakeholders, and mechanisms to ensure that the original 

purpose of the program will be retained. 

TITLE IV 

RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES 

UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES

For necessary expenses for citizenship and immigration serv- ices, $119,671,000 for the E-Verify Program, as described in section 

403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), to assist United States 

employers with maintaining a legal workforce: Provided, That notwithstanding any other provision of law, funds otherwise made 

available to United States Citizenship and Immigration Services 

may be used to acquire, operate, equip, and dispose of up to 5 

vehicles, for replacement only, for areas where the Administrator 

of General Services does not provide vehicles for lease: Provided 

further, That the Director of United States Citizenship and 

Immigration Services may authorize employees who are assigned 

to those areas to use such vehicles to travel between the employees’ 

residences and places of employment. 

FEDERAL LAW ENFORCEMENT TRAINING CENTER

SALARIES AND EXPENSES

For necessary expenses of the Federal Law Enforcement 

Training Center, including materials and support costs of Federal 

law enforcement basic training; the purchase of not to exceed 117 

vehicles for police-type use and hire of passenger motor vehicles; 

expenses for student athletic and related activities; the conduct 

of and participation in firearms matches and presentation of 

awards; public awareness and enhancement of community support 

of law enforcement training; room and board for student interns; 

a flat monthly reimbursement to employees authorized to use personal mobile phones for official duties; and services as authorized 

by section 3109 of title 5, United States Code; $217,485,000; of 

which up to $38,981,000 shall remain available until September 

30, 2017, for materials and support costs of Federal law enforcement 

basic training; and of which not to exceed $7,180 shall be for 

official reception and representation expenses: Provided, That the 

Center is authorized to obligate funds in anticipation of reimbursements from agencies receiving training sponsored by the Center, 

except that total obligations at the end of the fiscal year shall 

not exceed total budgetary resources available at the end of the 

fiscal year: Provided further, That section 1202(a) of Public Law 

107–206 (42 U.S.C. 3771 note), as amended under this heading 

in Public Law 114–4, is further amended by striking ‘‘December 

31, 2017’’ and inserting ‘‘December 31, 2018’’: Provided further, 

That the Director of the Federal Law Enforcement Training Center 

shall schedule basic or advanced law enforcement training, or both, 

42 USC 3771 

note. 


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129 STAT. 2510 PUBLIC LAW 114–113—DEC. 18, 2015 

at all four training facilities under the control of the Federal Law 

Enforcement Training Center to ensure that such training facilities 

are operated at the highest capacity throughout the fiscal year: 

Provided further, That the Federal Law Enforcement Training 

Accreditation Board, including representatives from the Federal 

law enforcement community and non-Federal accreditation experts 

involved in law enforcement training, shall lead the Federal law 

enforcement training accreditation process to continue the 

implementation of measuring and assessing the quality and 

effectiveness of Federal law enforcement training programs, facilities, and instructors. 

ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED

EXPENSES

For acquisition of necessary additional real property and facilities, construction, and ongoing maintenance, facility improvements, 

and related expenses of the Federal Law Enforcement Training 

Center, $27,553,000, to remain available until September 30, 2020: 

Provided, That the Center is authorized to accept reimbursement 

to this appropriation from government agencies requesting the 

construction of special use facilities. 

SCIENCE AND TECHNOLOGY

MANAGEMENT AND ADMINISTRATION

For salaries and expenses of the Office of the Under Secretary 

for Science and Technology and for management and administration 

of programs and activities, as authorized by title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), $131,531,000: 

Provided, That not to exceed $7,650 shall be for official reception 

and representation expenses. 

RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

For necessary expenses for science and technology research, 

including advanced research projects, development, test and evaluation, acquisition, and operations as authorized by title III of the 

Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), and the 

purchase or lease of not to exceed 5 vehicles, $655,407,000, to 

remain available until September 30, 2018. 

DOMESTIC NUCLEAR DETECTION OFFICE

MANAGEMENT AND ADMINISTRATION

For salaries and expenses of the Domestic Nuclear Detection 

Office, as authorized by title XIX of the Homeland Security Act 

of 2002 (6 U.S.C. 591 et seq.), for management and administration 

of programs and activities, $38,109,000: Provided, That not to 

exceed $2,250 shall be for official reception and representation 

expenses. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2511 

RESEARCH, DEVELOPMENT, AND OPERATIONS

For necessary expenses for radiological and nuclear research, development, testing, evaluation, and operations, $196,000,000, to 

remain available until September 30, 2018. 

SYSTEMS ACQUISITION

For necessary expenses for the Domestic Nuclear Detection 

Office acquisition and deployment of radiological detection systems 

in accordance with the global nuclear detection architecture, 

$113,011,000, to remain available until September 30, 2018. 

TITLE V 

GENERAL PROVISIONS 

(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)

SEC. 501. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

SEC. 502. Subject to the requirements of section 503 of this 

Act, the unexpended balances of prior appropriations provided for 

activities in this Act may be transferred to appropriation accounts 

for such activities established pursuant to this Act, may be merged 

with funds in the applicable established accounts, and thereafter 

may be accounted for as one fund for the same time period as 

originally enacted. 

SEC. 503. (a) None of the funds provided by this Act, provided 

by previous appropriations Acts to the agencies in or transferred 

to the Department of Homeland Security that remain available 

for obligation or expenditure in fiscal year 2016, or provided from 

any accounts in the Treasury of the United States derived by 

the collection of fees available to the agencies funded by this Act, 

shall be available for obligation or expenditure through a reprogramming of funds that— 

(1) creates a new program, project, or activity; 

(2) eliminates a program, project, or activity; 

(3) increases funds for any program, project, or activity 

for which funds have been denied or restricted by the Congress; 

(4) contracts out any function or activity presently performed by Federal employees or any new function or activity 

proposed to be performed by Federal employees in the President’s budget proposal for fiscal year 2016 for the Department 

of Homeland Security; 

(5) augments existing programs, projects, or activities in 

excess of $5,000,000 or 10 percent, whichever is less; 

(6) reduces any program, project, or activity, or numbers 

of personnel by 10 percent; or 

(7) results from any general savings from a reduction in 

personnel that would result in a change in existing programs, 

projects, or activities as approved by the Congress, unless the 

Committees on Appropriations of the Senate and the House 

of Representatives are notified 15 days in advance of such 

reprogramming of funds. 

(b) Not to exceed 5 percent of any appropriation made available 

for the current fiscal year for the Department of Homeland Security 


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129 STAT. 2512 PUBLIC LAW 114–113—DEC. 18, 2015 

by this Act or provided by previous appropriations Acts may be 

transferred between such appropriations. 

(c) Any transfer under this section shall be treated as a reprogramming of funds under subsection (a) and shall not be available for obligation unless the Committees on Appropriations of 

the Senate and the House of Representatives are notified 15 days 

in advance of such transfer. 

(d) Notwithstanding subsections (a), (b), and (c), no funds shall 

be reprogrammed within or transferred between appropriations 

based upon an initial notification provided after June 30, except 

in extraordinary circumstances that imminently threaten the safety 

of human life or the protection of property. 

(e) The notification thresholds and procedures set forth in this 

section shall apply to any use of deobligated balances of funds 

provided in previous Department of Homeland Security Appropriations Acts. 

SEC. 504. The Department of Homeland Security Working Capital Fund, established pursuant to section 403 of Public Law 103– 

356 (31 U.S.C. 501 note), shall continue operations as a permanent 

working capital fund for fiscal year 2016: Provided, That none 

of the funds appropriated or otherwise made available to the Department of Homeland Security may be used to make payments to 

the Working Capital Fund, except for the activities and amounts 

allowed in the President’s fiscal year 2016 budget: Provided further, 

That funds provided to the Working Capital Fund shall be available 

for obligation until expended to carry out the purposes of the 

Working Capital Fund: Provided further, That all Departmental 

components shall be charged only for direct usage of each Working 

Capital Fund service: Provided further, That funds provided to 

the Working Capital Fund shall be used only for purposes consistent 

with the contributing component: Provided further, That the 

Working Capital Fund shall be paid in advance or reimbursed 

at rates which will return the full cost of each service: Provided 

further, That the Committees on Appropriations of the Senate and 

the House of Representatives shall be notified of any activity added 

to or removed from the fund: Provided further, That for any activity 

added to the fund, the notification shall identify sources of funds 

by program, project, and activity: Provided further, That the Chief 

Financial Officer of the Department of Homeland Security shall 

submit a quarterly execution report with activity level detail, not 

later than 30 days after the end of each quarter. 

SEC. 505. Except as otherwise specifically provided by law, 

not to exceed 50 percent of unobligated balances remaining available 

at the end of fiscal year 2016, as recorded in the financial records 

at the time of a reprogramming request, but not later than June 

30, 2017, from appropriations for salaries and expenses for fiscal 

year 2016 in this Act shall remain available through September 

30, 2017, in the account and for the purposes for which the appropriations were provided: Provided, That prior to the obligation 

of such funds, a request shall be submitted to the Committees 

on Appropriations of the Senate and the House of Representatives 

for approval in accordance with section 503 of this Act. 

SEC. 506. Funds made available by this Act for intelligence 

activities are deemed to be specifically authorized by the Congress 

for purposes of section 504 of the National Security Act of 1947 

(50 U.S.C. 414) during fiscal year 2016 until the enactment of 

an Act authorizing intelligence activities for fiscal year 2016. 

31 USC 501 note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2513 

SEC. 507. (a) Except as provided in subsections (b) and (c), 

none of the funds made available by this Act may be used to— 

(1) make or award a grant allocation, grant, contract, other 

transaction agreement, or task or delivery order on a Department of Homeland Security multiple award contract, or to 

issue a letter of intent totaling in excess of $1,000,000; 

(2) award a task or delivery order requiring an obligation 

of funds in an amount greater than $10,000,000 from multiyear Department of Homeland Security funds; 

(3) make a sole-source grant award; or 

(4) announce publicly the intention to make or award items 

under paragraph (1), (2), or (3) including a contract covered 

by the Federal Acquisition Regulation. 

(b) The Secretary of Homeland Security may waive the prohibition under subsection (a) if the Secretary notifies the Committees 

on Appropriations of the Senate and the House of Representatives 

at least 3 full business days in advance of making an award or 

issuing a letter as described in that subsection. 

(c) If the Secretary of Homeland Security determines that 

compliance with this section would pose a substantial risk to human 

life, health, or safety, an award may be made without notification, 

and the Secretary shall notify the Committees on Appropriations 

of the Senate and the House of Representatives not later than 

5 full business days after such an award is made or letter issued. 

(d) A notification under this section— 

(1) may not involve funds that are not available for obligation; and 

(2) shall include the amount of the award; the fiscal year 

for which the funds for the award were appropriated; the type 

of contract; and the account from which the funds are being 

drawn. 

(e) The Administrator of the Federal Emergency Management 

Agency shall brief the Committees on Appropriations of the Senate 

and the House of Representatives 5 full business days in advance 

of announcing publicly the intention of making an award under 

‘‘State and Local Programs’’. 

SEC. 508. Notwithstanding any other provision of law, no agency 

shall purchase, construct, or lease any additional facilities, except 

within or contiguous to existing locations, to be used for the purpose 

of conducting Federal law enforcement training without advance 

notification to the Committees on Appropriations of the Senate 

and the House of Representatives, except that the Federal Law 

Enforcement Training Center is authorized to obtain the temporary 

use of additional facilities by lease, contract, or other agreement 

for training that cannot be accommodated in existing Center facilities. 

SEC. 509. None of the funds appropriated or otherwise made 

available by this Act may be used for expenses for any construction, 

repair, alteration, or acquisition project for which a prospectus 

otherwise required under chapter 33 of title 40, United States 

Code, has not been approved, except that necessary funds may 

be expended for each project for required expenses for the development of a proposed prospectus. 

SEC. 510. (a) Sections 520, 522, and 530 of the Department 

of Homeland Security Appropriations Act, 2008 (division E of Public 

Law 110–161; 121 Stat. 2073 and 2074) shall apply with respect 


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129 STAT. 2514 PUBLIC LAW 114–113—DEC. 18, 2015 

to funds made available in this Act in the same manner as such 

sections applied to funds made available in that Act. 

(b) The third proviso of section 537 of the Department of Homeland Security Appropriations Act, 2006 (6 U.S.C. 114), shall hereafter not apply with respect to funds made available in this or 

any other Act. 

(c) Section 525 of Public Law 109–90 is amended by striking 

‘‘thereafter’’, and section 554 of Public Law 111–83 is amended 

by striking ‘‘and shall report annually thereafter’’. 

SEC. 511. None of the funds made available in this Act may 

be used in contravention of the applicable provisions of the Buy 

American Act. For purposes of the preceding sentence, the term 

‘‘Buy American Act’’ means chapter 83 of title 41, United States 

Code. 

SEC. 512. None of the funds made available in this Act may 

be used to amend the oath of allegiance required by section 337 

of the Immigration and Nationality Act (8 U.S.C. 1448). 

SEC. 513. Not later than 30 days after the last day of each 

month, the Chief Financial Officer of the Department of Homeland 

Security shall submit to the Committees on Appropriations of the 

Senate and the House of Representatives a monthly budget and 

staffing report for that month that includes total obligations of 

the Department for that month for the fiscal year at the appropriation and program, project, and activity levels, by the source year 

of the appropriation: Provided, That total obligations for staffing 

shall also be provided by subcategory of on-board and funded fulltime equivalent staffing levels, respectively: Provided further, That 

the report shall specify the number of, and total obligations for, 

contract employees for each office of the Department. 

SEC. 514. Except as provided in section 44945 of title 49, 

United States Code, funds appropriated or transferred to Transportation Security Administration ‘‘Aviation Security’’, ‘‘Administration’’, and ‘‘Transportation Security Support’’ for fiscal years 2004 

and 2005 that are recovered or deobligated shall be available only 

for the procurement or installation of explosives detection systems, 

air cargo, baggage, and checkpoint screening systems, subject to 

notification: Provided, That semiannual reports shall be submitted 

to the Committees on Appropriations of the Senate and the House 

of Representatives on any funds that are recovered or deobligated. 

SEC. 515. None of the funds appropriated by this Act may 

be used to process or approve a competition under Office of Management and Budget Circular A–76 for services provided by employees 

(including employees serving on a temporary or term basis) of 

United States Citizenship and Immigration Services of the Department of Homeland Security who are known as Immigration Information Officers, Immigration Service Analysts, Contact Representatives, Investigative Assistants, or Immigration Services Officers. 

SEC. 516. Any funds appropriated to ‘‘Coast Guard, Acquisition, 

Construction, and Improvements’’ for fiscal years 2002, 2003, 2004, 

2005, and 2006 for the 110–123 foot patrol boat conversion that 

are recovered, collected, or otherwise received as the result of negotiation, mediation, or litigation, shall be available until expended 

for the Fast Response Cutter program. 

SEC. 517. The functions of the Federal Law Enforcement 

Training Center instructor staff shall be classified as inherently 

governmental for the purpose of the Federal Activities Inventory 

Reform Act of 1998 (31 U.S.C. 501 note). 

49 USC 44901 

note. 

6 USC 469a. 

6 USC 114 note. 


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SEC. 518. (a) The Secretary of Homeland Security shall submit 

a report not later than October 15, 2016, to the Inspector General 

of the Department of Homeland Security listing all grants and 

contracts awarded by any means other than full and open competition during fiscal year 2016. 

(b) The Inspector General shall review the report required 

by subsection (a) to assess Departmental compliance with applicable 

laws and regulations and report the results of that review to the 

Committees on Appropriations of the Senate and the House of 

Representatives not later than February 15, 2017. 

SEC. 519. None of the funds provided by this or previous appropriations Acts shall be used to fund any position designated as 

a Principal Federal Official (or the successor thereto) for any Robert 

T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 

5121 et seq.) declared disasters or emergencies unless— 

(1) the responsibilities of the Principal Federal Official 

do not include operational functions related to incident management, including coordination of operations, and are consistent 

with the requirements of section 509(c) and sections 503(c)(3) 

and 503(c)(4)(A) of the Homeland Security Act of 2002 (6 U.S.C. 

319(c), 313(c)(3), and 313(c)(4)(A)) and section 302 of the Robert 

T. Stafford Disaster Relief and Assistance Act (42 U.S.C. 5143); 

(2) not later than 10 business days after the latter of 

the date on which the Secretary of Homeland Security appoints 

the Principal Federal Official and the date on which the President issues a declaration under section 401 or section 501 

of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 and 5191, respectively), the Secretary 

of Homeland Security shall submit a notification of the appointment of the Principal Federal Official and a description of 

the responsibilities of such Official and how such responsibilities are consistent with paragraph (1) to the Committees on 

Appropriations of the Senate and the House of Representatives, 

the Committee on Homeland Security and Governmental 

Affairs of the Senate, and the Committee on Transportation 

and Infrastructure of the House of Representatives; and 

(3) not later than 60 days after the date of enactment 

of this Act, the Secretary shall provide a report specifying 

timeframes and milestones regarding the update of operations, 

planning and policy documents, and training and exercise protocols, to ensure consistency with paragraph (1) of this section. 

SEC. 520. None of the funds provided or otherwise made available in this Act shall be available to carry out section 872 of 

the Homeland Security Act of 2002 (6 U.S.C. 452) unless explicitly 

authorized by Congress. 

SEC. 521. (a) None of the funds appropriated by this or previous 

appropriations Acts may be used to establish an Office of Chemical, 

Biological, Radiological, Nuclear, and Explosives Defense until such 

time as Congress has authorized such establishment. 

(b) Subject to the limitation in subsection (a) and notwithstanding section 503 of this Act, the Secretary may transfer funds 

for the purpose of executing authorization of the Office of Chemical, 

Biological, Radiological, Nuclear, and Explosives Defense. 

(c) Not later than 15 days before transferring funds pursuant 

to subsection (b), the Secretary of Homeland Security shall submit 

a report to the Committees on Appropriations of the Senate and 

the House of Representatives, the Committee on Homeland Security 


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and Governmental Affairs of the Senate, and the Committee on 

Homeland Security of the House of Representatives on— 

(1) the transition plan for the establishment of the office; 

and 

(2) the funds and positions to be transferred by source. 

SEC. 522. None of the funds made available in this Act may 

be used by United States Citizenship and Immigration Services 

to grant an immigration benefit unless the results of background 

checks required by law to be completed prior to the granting of 

the benefit have been received by United States Citizenship and 

Immigration Services, and the results do not preclude the granting 

of the benefit. 

SEC. 523. Section 831 of the Homeland Security Act of 2002 

(6 U.S.C. 391) is amended— 

(1) in subsection (a), by striking ‘‘Until September 30, 

2015,’’ and inserting ‘‘Until September 30, 2016,’’; and 

(2) in subsection (c)(1), by striking ‘‘September 30, 2015,’’ 

and inserting ‘‘September 30, 2016,’’. 

SEC. 524. The Secretary of Homeland Security shall require 

that all contracts of the Department of Homeland Security that 

provide award fees link such fees to successful acquisition outcomes 

(which outcomes shall be specified in terms of cost, schedule, and 

performance). 

SEC. 525. Notwithstanding any other provision of law, none 

of the funds provided in this or any other Act shall be used to 

approve a waiver of the navigation and vessel-inspection laws 

pursuant to 46 U.S.C. 501(b) for the transportation of crude oil 

distributed from and to the Strategic Petroleum Reserve until the 

Secretary of Homeland Security, after consultation with the Secretaries of the Departments of Energy and Transportation and representatives from the United States flag maritime industry, takes 

adequate measures to ensure the use of United States flag vessels: 

Provided, That the Secretary shall notify the Committees on Appropriations of the Senate and the House of Representatives, the 

Committee on Commerce, Science, and Transportation of the 

Senate, and the Committee on Transportation and Infrastructure 

of the House of Representatives within 2 business days of any 

request for waivers of navigation and vessel-inspection laws pursuant to 46 U.S.C. 501(b). 

SEC. 526. None of the funds made available in this Act for 

U.S. Customs and Border Protection may be used to prevent an 

individual not in the business of importing a prescription drug 

(within the meaning of section 801(g) of the Federal Food, Drug, 

and Cosmetic Act) from importing a prescription drug from Canada 

that complies with the Federal Food, Drug, and Cosmetic Act: 

Provided, That this section shall apply only to individuals transporting on their person a personal-use quantity of the prescription 

drug, not to exceed a 90-day supply: Provided further, That the 

prescription drug may not be— 

(1) a controlled substance, as defined in section 102 of 

the Controlled Substances Act (21 U.S.C. 802); or 

(2) a biological product, as defined in section 351 of the 

Public Health Service Act (42 U.S.C. 262). 

SEC. 527. None of the funds in this Act shall be used to 

reduce the Coast Guard’s Operations Systems Center mission or 

its government-employed or contract staff levels. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2517 

SEC. 528. The Secretary of Homeland Security, in consultation 

with the Secretary of the Treasury, shall notify the Committees 

on Appropriations of the Senate and the House of Representatives 

of any proposed transfers of funds available under section 

9703.1(g)(4)(B) of title 31, United States Code (as added by Public 

Law 102–393) from the Department of the Treasury Forfeiture 

Fund to any agency within the Department of Homeland Security: 

Provided, That none of the funds identified for such a transfer 

may be obligated until the Committees on Appropriations of the 

Senate and the House of Representatives approve the proposed 

transfers. 

SEC. 529. None of the funds made available in this Act may 

be used for planning, testing, piloting, or developing a national 

identification card. 

SEC. 530. None of the funds appropriated by this Act may 

be used to conduct, or to implement the results of, a competition 

under Office of Management and Budget Circular A–76 for activities 

performed with respect to the Coast Guard National Vessel Documentation Center. 

SEC. 531. Any official that is required by this Act to report 

or to certify to the Committees on Appropriations of the Senate 

and the House of Representatives may not delegate such authority 

to perform that act unless specifically authorized herein. 

SEC. 532. None of the funds appropriated or otherwise made 

available in this or any other Act may be used to transfer, release, 

or assist in the transfer or release to or within the United States, 

its territories, or possessions Khalid Sheikh Mohammed or any 

other detainee who— 

(1) is not a United States citizen or a member of the 

Armed Forces of the United States; and 

(2) is or was held on or after June 24, 2009, at the United 

States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. 

SEC. 533. None of the funds made available in this Act may 

be used for first-class travel by the employees of agencies funded 

by this Act in contravention of sections 301–10.122 through 301– 

10.124 of title 41, Code of Federal Regulations. 

SEC. 534. None of the funds made available in this Act may 

be used to employ workers described in section 274A(h)(3) of the 

Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)). 

SEC. 535. Funds made available in this Act may be used to 

alter operations within the Civil Engineering Program of the Coast 

Guard nationwide, including civil engineering units, facilities design 

and construction centers, maintenance and logistics commands, and 

the Coast Guard Academy, except that none of the funds provided 

in this Act may be used to reduce operations within any civil 

engineering unit unless specifically authorized by a statute enacted 

after the date of enactment of this Act. 

SEC. 536. Notwithstanding any other provision of this Act, 

none of the funds appropriated or otherwise made available by 

this Act may be used to pay award or incentive fees for contractor 

performance that has been judged to be below satisfactory performance or performance that does not meet the basic requirements 

of a contract. 

SEC. 537. In developing any process to screen aviation passengers and crews for transportation or national security purposes, 

the Secretary of Homeland Security shall ensure that all such 


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129 STAT. 2518 PUBLIC LAW 114–113—DEC. 18, 2015 

processes take into consideration such passengers’ and crews’ privacy and civil liberties consistent with applicable laws, regulations, 

and guidance. 

SEC. 538. (a) Notwithstanding section 1356(n) of title 8, United 

States Code, of the funds deposited into the Immigration Examinations Fee Account, up to $10,000,000 may be allocated by United 

States Citizenship and Immigration Services in fiscal year 2016 

for the purpose of providing an immigrant integration grants program. 

(b) None of the funds made available to United States Citizenship and Immigration Services for grants for immigrant integration 

may be used to provide services to aliens who have not been 

lawfully admitted for permanent residence. 

SEC. 539. For an additional amount for the ‘‘Office of the 

Under Secretary for Management’’, $215,679,000, to remain available until expended, for necessary expenses to plan, acquire, design, 

construct, renovate, remediate, equip, furnish, improve infrastructure, and occupy buildings and facilities for the Department headquarters consolidation project and associated mission support 

consolidation: Provided, That the Committees on Appropriations 

of the Senate and the House of Representatives shall receive an 

expenditure plan not later than 90 days after the date of enactment 

of this Act detailing the allocation of these funds. 

SEC. 540. None of the funds appropriated or otherwise made 

available by this Act may be used by the Department of Homeland 

Security to enter into any Federal contract unless such contract 

is entered into in accordance with the requirements of subtitle 

I of title 41, United States Code, or chapter 137 of title 10, United 

States Code, and the Federal Acquisition Regulation, unless such 

contract is otherwise authorized by statute to be entered into without regard to the above referenced statutes. 

SEC. 541. (a) For an additional amount for financial systems 

modernization, $52,977,000 to remain available until September 

30, 2017. 

(b) Funds made available in subsection (a) for financial systems 

modernization may be transferred by the Secretary of Homeland 

Security between appropriations for the same purpose, notwithstanding section 503 of this Act. 

(c) No transfer described in subsection (b) shall occur until 

15 days after the Committees on Appropriations of the Senate 

and the House of Representatives are notified of such transfer. 

SEC. 542. (a) For an additional amount for cybersecurity to 

safeguard and enhance Department of Homeland Security systems 

and capabilities, $100,000,000 to remain available until September 

30, 2017. 

(b) Funds made available in subsection (a) for cybersecurity 

may be transferred by the Secretary of Homeland Security between 

appropriations for the same purpose, notwithstanding section 503 

of this Act. 

(c) No transfer described in subsection (b) shall occur until 

15 days after the Committees on Appropriations of the Senate 

and the House of Representatives are notified of such transfer. 

SEC. 543. (a) For an additional amount for emergent threats 

from violent extremism and from complex, coordinated terrorist 

attacks, $50,000,000 to remain available until September 30, 2017. 

(b) Funds made available in subsection (a) for emergent threats 

may be transferred by the Secretary of Homeland Security between 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2519 

appropriations for the same purpose, notwithstanding section 503 

of this Act. 

(c) No transfer described in subsection (b) shall occur until 

15 days after the Committees on Appropriations of the Senate 

and the House of Representatives are notified of such transfer. 

SEC. 544. The Secretary of Homeland Security may transfer 

to the fund established by 8 U.S.C. 1101 note, up to $20,000,000 

from appropriations available to the Department of Homeland Security: Provided, That the Secretary shall notify the Committees 

on Appropriations of the Senate and the House of Representatives 

5 days in advance of such transfer. 

SEC. 545. The Secretary of Homeland Security shall ensure 

enforcement of all immigration laws (as defined in section 101(a)(17) 

of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))). 

SEC. 546. (a) None of the funds made available in this Act 

may be used to maintain or establish a computer network unless 

such network blocks the viewing, downloading, and exchanging 

of pornography. 

(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency 

or any other entity carrying out criminal investigations, prosecution, 

or adjudication activities. 

SEC. 547. None of the funds made available in this Act may 

be used by a Federal law enforcement officer to facilitate the 

transfer of an operable firearm to an individual if the Federal 

law enforcement officer knows or suspects that the individual is 

an agent of a drug cartel unless law enforcement personnel of 

the United States continuously monitor or control the firearm at 

all times. 

SEC. 548. None of the funds provided in this or any other 

Act may be obligated to implement the National Preparedness 

Grant Program or any other successor grant programs unless explicitly authorized by Congress. 

SEC. 549. None of the funds made available in this Act may 

be used to provide funding for the position of Public Advocate, 

or a successor position, within U.S. Immigration and Customs 

Enforcement. 

SEC. 550. Section 559(e)(3)(D) of Public Law 113–76 is amended 

by striking ‘‘five pilots per year’’ and inserting ‘‘10 pilots per year’’. 

SEC. 551. None of the funds made available in this Act may 

be used to pay for the travel to or attendance of more than 50 

employees of a single component of the Department of Homeland 

Security, who are stationed in the United States, at a single international conference unless the Secretary of Homeland Security, 

or a designee, determines that such attendance is in the national 

interest and notifies the Committees on Appropriations of the 

Senate and the House of Representatives within at least 10 days 

of that determination and the basis for that determination: Provided, That for purposes of this section the term ‘‘international 

conference’’ shall mean a conference occurring outside of the United 

States attended by representatives of the United States Government 

and of foreign governments, international organizations, or nongovernmental organizations: Provided further, That the total cost 

to the Department of Homeland Security of any such conference 

shall not exceed $500,000. 

6 USC 211 note. 


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129 STAT. 2520 PUBLIC LAW 114–113—DEC. 18, 2015 

SEC. 552. None of the funds made available in this Act may 

be used to reimburse any Federal department or agency for its 

participation in a National Special Security Event. 

SEC. 553. With the exception of countries with preclearance 

facilities in service prior to 2013, none of the funds made available 

in this Act may be used for new U.S. Customs and Border Protection 

air preclearance agreements entering into force after February 1, 

2014, unless: (1) the Secretary of Homeland Security, in consultation 

with the Secretary of State, has certified to Congress that air 

preclearance operations at the airport provide a homeland or 

national security benefit to the United States; (2) U.S. passenger 

air carriers are not precluded from operating at existing 

preclearance locations; and (3) a U.S. passenger air carrier is operating at all airports contemplated for establishment of new air 

preclearance operations. 

SEC. 554. None of the funds made available by this or any 

other Act may be used by the Administrator of the Transportation 

Security Administration to implement, administer, or enforce, in 

abrogation of the responsibility described in section 44903(n)(1) 

of title 49, United States Code, any requirement that airport operators provide airport-financed staffing to monitor exit points from 

the sterile area of any airport at which the Transportation Security 

Administration provided such monitoring as of December 1, 2013. 

SEC. 555. The administrative law judge annuitants participating in the Senior Administrative Law Judge Program managed 

by the Director of the Office of Personnel Management under section 

3323 of title 5, United States Code, shall be available on a temporary reemployment basis to conduct arbitrations of disputes 

arising from delivery of assistance under the Federal Emergency 

Management Agency Public Assistance Program. 

SEC. 556. As authorized by section 601(b) of the United StatesColombia Trade Promotion Agreement Implementation Act (Public 

Law 112–42) fees collected from passengers arriving from Canada, 

Mexico, or an adjacent island pursuant to section 13031(a)(5) of 

the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 

U.S.C. 58c(a)(5)) shall be available until expended. 

SEC. 557. None of the funds made available to the Department 

of Homeland Security by this or any other Act may be obligated 

for any structural pay reform that affects more than 100 fulltime equivalent employee positions or costs more than $5,000,000 

in a single year before the end of the 30-day period beginning 

on the date on which the Secretary of Homeland Security submits 

to Congress a notification that includes— 

(1) the number of full-time equivalent employee positions 

affected by such change; 

(2) funding required for such change for the current year 

and through the Future Years Homeland Security Program; 

(3) justification for such change; and 

(4) an analysis of compensation alternatives to such change 

that were considered by the Department. 

SEC. 558. (a) Any agency receiving funds made available in 

this Act shall, subject to subsections (b) and (c), post on the public 

Web site of that agency any report required to be submitted by 

the Committees on Appropriations of the Senate and the House 

of Representatives in this Act, upon the determination by the head 

of the agency that it shall serve the national interest. 

(b) Subsection (a) shall not apply to a report if— 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2521 

(1) the public posting of the report compromises homeland 

or national security; or 

(2) the report contains proprietary information. 

(c) The head of the agency posting such report shall do so 

only after such report has been made available to the requesting 

Committee or Committees of Congress for no less than 45 days 

except as otherwise specified in law. 

SEC. 559. (a) IN GENERAL.—Beginning on the date of enactment 

of this Act, the Secretary of Homeland Security shall not— 

(1) establish, collect, or otherwise impose any new border 

crossing fee on individuals crossing the Southern border or 

the Northern border at a land port of entry; or 

(2) conduct any study relating to the imposition of a border 

crossing fee. 

(b) BORDER CROSSING FEE DEFINED.—In this section, the term 

‘‘border crossing fee’’ means a fee that every pedestrian, cyclist, 

and driver and passenger of a private motor vehicle is required 

to pay for the privilege of crossing the Southern border or the 

Northern border at a land port of entry. 

SEC. 560. Notwithstanding any other provision of law, grants 

awarded to States along the Southwest Border of the United States 

under sections 2003 or 2004 of the Homeland Security Act of 2002 

(6 U.S.C. 604 and 605) using funds provided under the heading 

‘‘Federal Emergency Management Agency, State and Local Programs’’ in this Act, Public Law 114–4, division F of Public Law 

113–76, or division D of Public Law 113–6 may be used by recipients 

or sub-recipients for costs, or reimbursement of costs, related to 

providing humanitarian relief to unaccompanied alien children and 

alien adults accompanied by an alien minor where they are encountered after entering the United States, provided that such costs 

were incurred between January 1, 2014, and December 31, 2014, 

or during the award period of performance. 

SEC. 561. (a) Each major acquisition program of the Department 

of Homeland Security, as defined in Department of Homeland Security Management Directive 102–2, shall meet established acquisition documentation requirements for its acquisition program baseline established in the Department of Homeland Security Instruction Manual 102–01–001 and the Department of Homeland Security 

Acquisition Instruction/Guidebook 102–01–001, Appendix K. 

(b) The Department shall report to the Committees on Appropriations of the Senate and the House of Representatives in the 

Comprehensive Acquisition Status Report and its quarterly updates, 

required under the heading ‘‘Office of the Under Secretary for 

Management’’ of this Act, on any major acquisition program that 

does not meet such documentation requirements and the schedule 

by which the program will come into compliance with these requirements. 

(c) None of the funds made available by this or any other 

Act for any fiscal year may be used for a major acquisition program 

that is out of compliance with such documentation requirements 

for more than two years except that funds may be used solely 

to come into compliance with such documentation requirements 

or to terminate the program. 

SEC. 562. None of the funds appropriated by this or any other 

Act shall be used to pay the salaries and expenses of personnel 

who prepare or submit appropriations language as part of the 

President’s budget proposal to the Congress of the United States 

6 USC 391 note. 


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129 STAT. 2522 PUBLIC LAW 114–113—DEC. 18, 2015 

for programs under the jurisdiction of the Appropriations Subcommittees on the Department of Homeland Security that assumes 

revenues or reflects a reduction from the previous year due to 

user fees proposals that have not been enacted into law prior 

to the submission of the budget unless such budget submission 

identifies which additional spending reductions should occur in 

the event the user fees proposals are not enacted prior to the 

date of the convening of a committee of conference for the fiscal 

year 2017 appropriations Act. 

SEC. 563. (a) The Secretary of Homeland Security may include, 

in the President’s budget proposal for fiscal year 2017, submitted 

pursuant to section 1105(a) of title 31, United States Code, and 

accompanying justification materials, an account structure under 

which each appropriation under each agency heading either remains 

the same as fiscal year 2016 or falls within the following categories 

of appropriations: 

(1) Operations and Support. 

(2) Procurements, Construction, and Improvements. 

(3) Research and Development. 

(4) Federal Assistance. 

(b) The Under Secretary for Management, acting through the 

Chief Financial Officer, shall determine and provide centralized 

guidance to each agency on how to structure appropriations for 

purposes of subsection (a). 

(c) Not earlier than October 1, 2016, the accounts designated 

under subsection (a) may be established, and the Secretary of 

Homeland Security may execute appropriations of the Department 

as provided pursuant to such subsection, including any continuing 

appropriations made available for fiscal year 2017 before enactment 

of a regular appropriations Act. 

(d) Notwithstanding any other provision of law, the Secretary 

of Homeland Security may transfer any appropriation made available to the Department of Homeland Security by any appropriations 

Acts to the accounts created pursuant to subsection (c) to carry 

out the requirements of such subsection, and shall notify the 

Committees on Appropriations of the Senate and the House of 

Representatives within 5 days of each transfer. 

(e)(1) Not later than November 1, 2016, the Secretary of Homeland Security shall establish the preliminary baseline for application 

of reprogramming and transfer authorities and submit the report 

specified in paragraph (2) to the Committees on Appropriations 

of the Senate and the House of Representatives. 

(2) The report required in this subsection shall include— 

(A) a delineation of the amount and account of each transfer 

made pursuant to subsection (c) or (d); 

(B) a table for each appropriation with a separate column 

to display the President’s budget proposal, adjustments made 

by Congress, adjustments due to enacted rescissions, if appropriate, adjustments made pursuant to the transfer authority 

in subsection (c) or (d), and the fiscal year level; 

(C) a delineation in the table for each appropriation, 

adjusted as described in paragraph (2), both by budget activity 

and program, project, and activity as detailed in the Budget 

Appendix; and 

(D) an identification of funds directed for a specific activity. 

(f) The Secretary shall not exercise the authority provided 

in subsections (c), (d), and (e) unless, not later than April 1, 2016, 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2523 

the Chief Financial Officer has submitted to the Committees on 

Appropriations of the Senate and the House of Representatives— 

(1) technical assistance on new legislative language in the 

account structure under subsection (a); 

(2) comparison tables of fiscal years 2015, 2016, and 2017 

in the account structure under subsection (a); 

(3) cross-component comparisons that the account structure 

under subsection (a) facilitates; 

(4) a copy of the interim financial management policy 

manual addressing changes made in this Act; 

(5) an outline of the financial management policy manual 

changes necessary for the account structure under subsection 

(a); 

(6) proposed changes to transfer and reprogramming 

requirements, including technical assistance on legislative language; 

(7) certification by the Chief Financial Officer that the 

Department’s financial systems can report in the new account 

structure; and 

(8) a plan for training and implementation of the account 

structure under subsections (a) and (c). 

SEC. 564. None of the funds made available by this Act may 

be obligated or expended to implement the Arms Trade Treaty 

until the Senate approves a resolution of ratification for the Treaty. 

SEC. 565. Section 214(g)(9)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(9)(A)) is amended by striking ‘‘2004, 

2005, or 2006 shall not again be counted toward such limitation 

during fiscal year 2007.’’ and inserting ‘‘2013, 2014, or 2015 shall 

not again be counted toward such limitation during fiscal year 

2016.’’. 

SEC. 566. For an additional amount for ‘‘U.S. Customs and 

Border Protection, Salaries and Expenses’’, $14,000,000, to remain 

available until expended, to be reduced by amounts collected and 

credited to this appropriation from amounts authorized to be collected by section 286(i) of the Immigration and Nationality Act 

(8 U.S.C. 1356(i)), section 10412 of the Farm Security and Rural 

Investment Act of 2002 (7 U.S.C. 8311), and section 817 of the 

Trade Facilitation and Trade Enforcement Act of 2015: Provided, 

That to the extent that amounts realized from such collections 

exceed $14,000,000, those amounts in excess of $14,000,000 shall 

be credited to this appropriation and remain available until 

expended: Provided further, That this authority is contingent on 

enactment of the Trade Facilitation and Trade Enforcement Act 

of 2015. 

(RESCISSIONS)

SEC. 567. Of the funds appropriated to the Department of 

Homeland Security, the following funds are hereby rescinded from 

the following accounts and programs in the specified amounts: 

Provided, That no amounts may be rescinded from amounts that 

were designated by the Congress as an emergency requirement 

pursuant to a concurrent resolution on the budget or the Balanced 

Budget and Emergency Deficit Control Act of 1985 (Public Law 

99–177): 

(1) $27,338,000 from Public Law 109–88; 


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129 STAT. 2524 PUBLIC LAW 114–113—DEC. 18, 2015 

(2) $4,188,000 from unobligated prior year balances from 

‘‘Analysis and Operations’’; (3) $7,000,000 from unobligated prior year balances from 

‘‘U.S. Customs and Border Protection, Automation Modernization’’; (4) $21,856,000 from unobligated prior year balances from 

‘‘U.S. Customs and Border Protection, Border Security, Fencing, 

Infrastructure, and Technology’’; (5) $4,500,000 from unobligated prior year balances from 

‘‘U.S. Customs and Border Protection, Construction and Facilities Management’’; (6) $158,414,000 from Public Law 114–4 under the heading 

‘‘Transportation Security Administration, Aviation Security’’; (7) $14,000,000 from Public Law 114–4 under the heading 

‘‘Transportation Security Administration, Surface Transportation Security’’; (8) $5,800,000 from Public Law 112–74 under the heading 

‘‘Coast Guard, Acquisition, Construction, and Improvements’’; (9) $16,445,000 from Public Law 113–76 under the heading 

‘‘Coast Guard, Acquisition, Construction, and Improvements’’; (10) $13,758,918 from ‘‘Federal Emergency Management 

Agency, National Predisaster Mitigation Fund’’ account 70 × 

0716; (11) $393,178 from Public Law 113–6 under the heading 

‘‘Science and Technology, Research, Development, Acquisition, 

and Operations’’; (12) $8,500,000 from Public Law 113–76 under the heading 

‘‘Science and Technology, Research, Development, Acquisition, 

and Operations’’; and (13) $1,106,822 from Public Law 114–4 under the heading 

‘‘Science and Technology, Research, Development, Acquisition, 

and Operations’’. 

(RESCISSIONS)

SEC. 568. Of the funds transferred to the Department of Homeland Security when it was created in 2003, the following funds 

are hereby rescinded from the following accounts and programs 

in the specified amounts: (1) $417,017 from ‘‘U.S. Customs and Border Protection, 

Salaries and Expenses’’; (2) $15,238 from ‘‘Federal Emergency Management Agency, 

Office of Domestic Preparedness’’; and (3) $573,828 from ‘‘Federal Emergency Management 

Agency, National Predisaster Mitigation Fund’’. 

(RESCISSIONS)

SEC. 569. The following unobligated balances made available 

to the Department of Homeland Security pursuant to section 505 

of the Department of Homeland Security Appropriations Act, 2015 

(Public Law 114–4) are rescinded: 

(1) $361,242 from ‘‘Office of the Secretary and Executive 

Management’’; 

(2) $146,547 from ‘‘Office of the Under Secretary for 

Management’’; 

(3) $25,859 from ‘‘Office of the Chief Financial Officer’’; 

(4) $507,893 from ‘‘Office of the Chief Information Officer’’; 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2525 

(5) $301,637 from ‘‘Analysis and Operations’’; 

(6) $20,856 from ‘‘Office of Inspector General’’; 

(7) $598,201 from ‘‘U.S. Customs and Border Protection, 

Salaries and Expenses’’; 

(8) $254,322 from ‘‘U.S. Customs and Border Protection, 

Automation Modernization’’; 

(9) $450,806 from ‘‘U.S. Customs and Border Protection, 

Air and Marine Operations’’; 

(10) $2,461,665 from ‘‘U.S. Immigration and Customs 

Enforcement, Salaries and Expenses’’; 

(11) $8,653,853 from ‘‘Coast Guard, Operating Expenses’’; 

(12) $515,040 from ‘‘Coast Guard, Reserve Training’’; 

(13) $970,844 from ‘‘Coast Guard, Acquisition, Construction, and Improvements’’; 

(14) $4,212,971 from ‘‘United States Secret Service, Salaries 

and Expenses’’; 

(15) $27,360 from ‘‘National Protection and Programs Directorate, Management and Administration’’; 

(16) $188,146 from ‘‘National Protection and Programs 

Directorate, Infrastructure Protection and Information Security’’; 

(17) $986 from ‘‘National Protection and Programs Directorate, Office of Biometric Identity Management’’; 

(18) $20,650 from ‘‘Office of Health Affairs’’; 

(19) $236,332 from ‘‘Federal Emergency Management 

Agency, United States Fire Administration’’; 

(20) $3,086,173 from ‘‘United States Citizenship and 

Immigration Services’’; 

(21) $558,012 from ‘‘Federal Law Enforcement Training 

Center, Salaries and Expenses’’; 

(22) $284,796 from ‘‘Science and Technology, Management 

and Administration’’; and 

(23) $83,861 from ‘‘Domestic Nuclear Detection Office, 

Management and Administration’’. 

(RESCISSION)

SEC. 570. From the unobligated balances made available in 

the Department of the Treasury Forfeiture Fund established by 

section 9703 of title 31, United States Code (added by section 

638 of Public Law 102–393), $176,000,000 shall be rescinded. 

(RESCISSION)

SEC. 571. Of the unobligated balances made available to ‘‘Federal Emergency Management Agency, Disaster Relief Fund’’, 

$1,021,879,000 shall be rescinded: Provided, That no amounts may 

be rescinded from amounts that were designated by the Congress 

as an emergency requirement pursuant to a concurrent resolution 

on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That no amounts 

may be rescinded from the amounts that were designated by the 

Congress as being for disaster relief pursuant to section 251(b)(2)(D) 

of the Balanced Budget and Emergency Deficit Control Act of 1985. 

SEC. 572. Section 401(b) of the Illegal Immigration Reform 

and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) 

shall be applied by substituting ‘‘September 30, 2016’’ for the date 

8 USC 1324a 

note. 


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129 STAT. 2526 PUBLIC LAW 114–113—DEC. 18, 2015 

specified in section 106(3) of the Continuing Appropriations Act, 

2016 (Public Law 114–53). 

SEC. 573. Subclauses 101(a)(27)(C)(ii)(II) and (III) of the 

Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)(II) and 

(III)) shall be applied by substituting ‘‘September 30, 2016’’ for 

the date specified in section 106(3) of the Continuing Appropriations 

Act, 2016 (Public Law 114–53). 

SEC. 574. Section 220(c) of the Immigration and Nationality 

Technical Corrections Act of 1994 (8 U.S.C. 1182 note) shall be 

applied by substituting ‘‘September 30, 2016’’ for the date specified 

in section 106(3) of the Continuing Appropriations Act, 2016 (Public 

Law 114–53). 

SEC. 575. Section 610(b) of the Departments of Commerce, 

Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) shall be applied by substituting 

‘‘September 30, 2016’’ for the date specified in section 106(3) of 

the Continuing Appropriations Act, 2016 (Public Law 114–53). 

This division may be cited as the ‘‘Department of Homeland 

Security Appropriations Act, 2016’’. 

DIVISION G—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016 

TITLE I 

DEPARTMENT OF THE INTERIOR 

BUREAU OF LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

For necessary expenses for protection, use, improvement, 

development, disposal, cadastral surveying, classification, acquisition of easements and other interests in lands, and performance 

of other functions, including maintenance of facilities, as authorized 

by law, in the management of lands and their resources under 

the jurisdiction of the Bureau of Land Management, including the 

general administration of the Bureau, and assessment of mineral 

potential of public lands pursuant to section 1010(a) of Public 

Law 96–487 (16 U.S.C. 3150(a)), $1,072,675,000, to remain available 

until expended, including all such amounts as are collected from 

permit processing fees, as authorized but made subject to future 

appropriation by section 35(d)(3)(A)(i) of the Mineral Leasing Act 

(30 U.S.C. 191), except that amounts from permit processing fees 

may be used for any bureau-related expenses associated with the 

processing of oil and gas applications for permits to drill and related 

use of authorizations; of which $3,000,000 shall be available in 

fiscal year 2016 subject to a match by at least an equal amount 

by the National Fish and Wildlife Foundation for cost-shared 

projects supporting conservation of Bureau lands; and such funds 

shall be advanced to the Foundation as a lump-sum grant without 

regard to when expenses are incurred. 

In addition, $39,696,000 is for Mining Law Administration program operations, including the cost of administering the mining 

claim fee program, to remain available until expended, to be reduced 

by amounts collected by the Bureau and credited to this appropriation from mining claim maintenance fees and location fees that 

Department of 

the Interior, 

Environment, 

and Related 

Agencies 

Appropriations 

Act, 2016. 

8 USC 1153 note. 

8 USC 1182 note. 

8 USC 1101 note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2527 

are hereby authorized for fiscal year 2016, so as to result in a 

final appropriation estimated at not more than $1,072,675,000, 

and $2,000,000, to remain available until expended, from communication site rental fees established by the Bureau for the cost 

of administering communication site activities. 

LAND ACQUISITION

For expenses necessary to carry out sections 205, 206, and 

318(d) of Public Law 94–579, including administrative expenses 

and acquisition of lands or waters, or interests therein, $38,630,000, 

to be derived from the Land and Water Conservation Fund and 

to remain available until expended. 

OREGON AND CALIFORNIA GRANT LANDS

For expenses necessary for management, protection, and 

development of resources and for construction, operation, and 

maintenance of access roads, reforestation, and other improvements 

on the revested Oregon and California Railroad grant lands, on 

other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of 

lands or interests therein, including existing connecting roads on 

or adjacent to such grant lands; $107,734,000, to remain available 

until expended: Provided, That 25 percent of the aggregate of all 

receipts during the current fiscal year from the revested Oregon 

and California Railroad grant lands is hereby made a charge against 

the Oregon and California land-grant fund and shall be transferred 

to the General Fund in the Treasury in accordance with the second 

paragraph of subsection (b) of title II of the Act of August 28, 

1937 (43 U.S.C. 1181f). 

RANGE IMPROVEMENTS

For rehabilitation, protection, and acquisition of lands and 

interests therein, and improvement of Federal rangelands pursuant 

to section 401 of the Federal Land Policy and Management Act 

of 1976 (43 U.S.C. 1751), notwithstanding any other Act, sums 

equal to 50 percent of all moneys received during the prior fiscal 

year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 

315b, 315m) and the amount designated for range improvements 

from grazing fees and mineral leasing receipts from BankheadJones lands transferred to the Department of the Interior pursuant 

to law, but not less than $10,000,000, to remain available until 

expended: Provided, That not to exceed $600,000 shall be available 

for administrative expenses. 

SERVICE CHARGES, DEPOSITS, AND FORFEITURES

For administrative expenses and other costs related to processing application documents and other authorizations for use and 

disposal of public lands and resources, for costs of providing copies 

of official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use 

authorizations, and for rehabilitation of damaged property, such 

amounts as may be collected under Public Law 94–579 (43 U.S.C. 

1701 et seq.), and under section 28 of the Mineral Leasing Act 

(30 U.S.C. 185), to remain available until expended: Provided, That, 43 USC 1735 

note. 


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129 STAT. 2528 PUBLIC LAW 114–113—DEC. 18, 2015 

notwithstanding any provision to the contrary of section 305(a) 

of Public Law 94–579 (43 U.S.C. 1735(a)), any moneys that have 

been or will be received pursuant to that section, whether as a 

result of forfeiture, compromise, or settlement, if not appropriate 

for refund pursuant to section 305(c) of that Act (43 U.S.C. 1735(c)), 

shall be available and may be expended under the authority of 

this Act by the Secretary to improve, protect, or rehabilitate any 

public lands administered through the Bureau of Land Management 

which have been damaged by the action of a resource developer, 

purchaser, permittee, or any unauthorized person, without regard 

to whether all moneys collected from each such action are used 

on the exact lands damaged which led to the action: Provided 

further, That any such moneys that are in excess of amounts needed 

to repair damage to the exact land for which funds were collected 

may be used to repair other damaged public lands. 

MISCELLANEOUS TRUST FUNDS

In addition to amounts authorized to be expended under 

existing laws, there is hereby appropriated such amounts as may 

be contributed under section 307 of Public Law 94–579 (43 U.S.C. 

1737), and such amounts as may be advanced for administrative 

costs, surveys, appraisals, and costs of making conveyances of 

omitted lands under section 211(b) of that Act (43 U.S.C. 1721(b)), 

to remain available until expended. 

ADMINISTRATIVE PROVISIONS

The Bureau of Land Management may carry out the operations 

funded under this Act by direct expenditure, contracts, grants, 

cooperative agreements and reimbursable agreements with public 

and private entities, including with States. Appropriations for the 

Bureau shall be available for purchase, erection, and dismantlement 

of temporary structures, and alteration and maintenance of necessary buildings and appurtenant facilities to which the United 

States has title; up to $100,000 for payments, at the discretion 

of the Secretary, for information or evidence concerning violations 

of laws administered by the Bureau; miscellaneous and emergency 

expenses of enforcement activities authorized or approved by the 

Secretary and to be accounted for solely on the Secretary’s certificate, not to exceed $10,000: Provided, That notwithstanding Public 

Law 90–620 (44 U.S.C. 501), the Bureau may, under cooperative 

cost-sharing and partnership arrangements authorized by law, procure printing services from cooperators in connection with jointly 

produced publications for which the cooperators share the cost 

of printing either in cash or in services, and the Bureau determines 

the cooperator is capable of meeting accepted quality standards: 

Provided further, That projects to be funded pursuant to a written 

commitment by a State government to provide an identified amount 

of money in support of the project may be carried out by the 

Bureau on a reimbursable basis. Appropriations herein made shall 

not be available for the destruction of healthy, unadopted, wild 

horses and burros in the care of the Bureau or its contractors 

or for the sale of wild horses and burros that results in their 

destruction for processing into commercial products. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2529 

UNITED STATES FISH AND WILDLIFE SERVICE

RESOURCE MANAGEMENT

For necessary expenses of the United States Fish and Wildlife 

Service, as authorized by law, and for scientific and economic 

studies, general administration, and for the performance of other 

authorized functions related to such resources, $1,238,771,000, to 

remain available until September 30, 2017: Provided, That not 

to exceed $20,515,000 shall be used for implementing subsections 

(a), (b), (c), and (e) of section 4 of the Endangered Species Act 

of 1973 (16 U.S.C. 1533) (except for processing petitions, developing 

and issuing proposed and final regulations, and taking any other 

steps to implement actions described in subsection (c)(2)(A), 

(c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to exceed $4,605,000 shall 

be used for any activity regarding the designation of critical habitat, 

pursuant to subsection (a)(3), excluding litigation support, for species listed pursuant to subsection (a)(1) prior to October 1, 2014; 

of which not to exceed $1,501,000 shall be used for any activity 

regarding petitions to list species that are indigenous to the United 

States pursuant to subsections (b)(3)(A) and (b)(3)(B); and, of which 

not to exceed $1,504,000 shall be used for implementing subsections 

(a), (b), (c), and (e) of section 4 of the Endangered Species Act 

of 1973 (16 U.S.C. 1533) for species that are not indigenous to 

the United States. 

CONSTRUCTION

For construction, improvement, acquisition, or removal of 

buildings and other facilities required in the conservation, management, investigation, protection, and utilization of fish and wildlife 

resources, and the acquisition of lands and interests therein; 

$23,687,000, to remain available until expended. 

LAND ACQUISITION

For expenses necessary to carry out chapter 2003 of title 54, 

United States Code, including administrative expenses, and for 

acquisition of land or waters, or interest therein, in accordance 

with statutory authority applicable to the United States Fish and 

Wildlife Service, $68,500,000, to be derived from the Land and 

Water Conservation Fund and to remain available until expended, 

of which, notwithstanding section 200306 of title 54, United States 

Code, not more than $10,000,000 shall be for land conservation 

partnerships authorized by the Highlands Conservation Act of 2004, 

including not to exceed $320,000 for administrative expenses: Provided, That none of the funds appropriated for specific land acquisition projects may be used to pay for any administrative overhead, 

planning or other management costs. 

COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

For expenses necessary to carry out section 6 of the Endangered 

Species Act of 1973 (16 U.S.C. 1535), $53,495,000, to remain available until expended, of which $22,695,000 is to be derived from 

the Cooperative Endangered Species Conservation Fund; and of 

which $30,800,000 is to be derived from the Land and Water Conservation Fund. 


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129 STAT. 2530 PUBLIC LAW 114–113—DEC. 18, 2015 

NATIONAL WILDLIFE REFUGE FUND

For expenses necessary to implement the Act of October 17, 

1978 (16 U.S.C. 715s), $13,228,000. 

NORTH AMERICAN WETLANDS CONSERVATION FUND

For expenses necessary to carry out the provisions of the North 

American Wetlands Conservation Act (16 U.S.C. 4401 et seq.), 

$35,145,000, to remain available until expended. 

NEOTROPICAL MIGRATORY BIRD CONSERVATION

For expenses necessary to carry out the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6101 et seq.), $3,910,000, to 

remain available until expended. 

MULTINATIONAL SPECIES CONSERVATION FUND

For expenses necessary to carry out the African Elephant Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and 

Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great 

Ape Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the 

Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.), 

$11,061,000, to remain available until expended. 

STATE AND TRIBAL WILDLIFE GRANTS

For wildlife conservation grants to States and to the District 

of Columbia, Puerto Rico, Guam, the United States Virgin Islands, 

the Northern Mariana Islands, American Samoa, and Indian tribes 

under the provisions of the Fish and Wildlife Act of 1956 and 

the Fish and Wildlife Coordination Act, for the development and 

implementation of programs for the benefit of wildlife and their 

habitat, including species that are not hunted or fished, 

$60,571,000, to remain available until expended: Provided, That 

of the amount provided herein, $4,084,000 is for a competitive 

grant program for Indian tribes not subject to the remaining provisions of this appropriation: Provided further, That $5,487,000 is 

for a competitive grant program to implement approved plans for 

States, territories, and other jurisdictions and at the discretion 

of affected States, the regional Associations of fish and wildlife 

agencies, not subject to the remaining provisions of this appropriation: Provided further, That the Secretary shall, after deducting 

$9,571,000 and administrative expenses, apportion the amount provided herein in the following manner: (1) to the District of Columbia 

and to the Commonwealth of Puerto Rico, each a sum equal to 

not more than one-half of 1 percent thereof; and (2) to Guam, 

American Samoa, the United States Virgin Islands, and the 

Commonwealth of the Northern Mariana Islands, each a sum equal 

to not more than one-fourth of 1 percent thereof: Provided further, 

That the Secretary shall apportion the remaining amount in the 

following manner: (1) one-third of which is based on the ratio 

to which the land area of such State bears to the total land area 

of all such States; and (2) two-thirds of which is based on the 

ratio to which the population of such State bears to the total 

population of all such States: Provided further, That the amounts 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2531 

apportioned under this paragraph shall be adjusted equitably so 

that no State shall be apportioned a sum which is less than 1 

percent of the amount available for apportionment under this paragraph for any fiscal year or more than 5 percent of such amount: 

Provided further, That the Federal share of planning grants shall 

not exceed 75 percent of the total costs of such projects and the 

Federal share of implementation grants shall not exceed 65 percent 

of the total costs of such projects: Provided further, That the nonFederal share of such projects may not be derived from Federal 

grant programs: Provided further, That any amount apportioned 

in 2016 to any State, territory, or other jurisdiction that remains 

unobligated as of September 30, 2017, shall be reapportioned, 

together with funds appropriated in 2018, in the manner provided 

herein. 

ADMINISTRATIVE PROVISIONS

The United States Fish and Wildlife Service may carry out 

the operations of Service programs by direct expenditure, contracts, 

grants, cooperative agreements and reimbursable agreements with 

public and private entities. Appropriations and funds available to 

the United States Fish and Wildlife Service shall be available 

for repair of damage to public roads within and adjacent to reservation areas caused by operations of the Service; options for the 

purchase of land at not to exceed $1 for each option; facilities 

incident to such public recreational uses on conservation areas 

as are consistent with their primary purpose; and the maintenance 

and improvement of aquaria, buildings, and other facilities under 

the jurisdiction of the Service and to which the United States 

has title, and which are used pursuant to law in connection with 

management, and investigation of fish and wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the Service may, under 

cooperative cost sharing and partnership arrangements authorized 

by law, procure printing services from cooperators in connection 

with jointly produced publications for which the cooperators share 

at least one-half the cost of printing either in cash or services 

and the Service determines the cooperator is capable of meeting 

accepted quality standards: Provided further, That the Service may 

accept donated aircraft as replacements for existing aircraft: Provided further, That notwithstanding 31 U.S.C. 3302, all fees collected for non-toxic shot review and approval shall be deposited 

under the heading ‘‘United States Fish and Wildlife Service— 

Resource Management’’ and shall be available to the Secretary, 

without further appropriation, to be used for expenses of processing 

of such non-toxic shot type or coating applications and revising 

regulations as necessary, and shall remain available until expended. 

NATIONAL PARK SERVICE

OPERATION OF THE NATIONAL PARK SYSTEM

For expenses necessary for the management, operation, and 

maintenance of areas and facilities administered by the National 

Park Service and for the general administration of the National 

Park Service, $2,369,596,000, of which $10,001,000 for planning 

and interagency coordination in support of Everglades restoration 

and $99,461,000 for maintenance, repair, or rehabilitation projects 

for constructed assets shall remain available until September 30, 


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129 STAT. 2532 PUBLIC LAW 114–113—DEC. 18, 2015 

2017: Provided, That funds appropriated under this heading in 

this Act are available for the purposes of section 5 of Public Law 

95–348 and section 204 of Public Law 93–486, as amended by 

section 1(3) of Public Law 100–355. 

NATIONAL RECREATION AND PRESERVATION

For expenses necessary to carry out recreation programs, natural programs, cultural programs, heritage partnership programs, 

environmental compliance and review, international park affairs, 

and grant administration, not otherwise provided for, $62,632,000. 

HISTORIC PRESERVATION FUND

For expenses necessary in carrying out the National Historic 

Preservation Act (division A of subtitle III of title 54, United States 

Code), $65,410,000, to be derived from the Historic Preservation 

Fund and to remain available until September 30, 2017, of which 

$500,000 is for competitive grants for the survey and nomination 

of properties to the National Register of Historic Places and as 

National Historic Landmarks associated with communities currently underrepresented, as determined by the Secretary, and of 

which $8,000,000 is for competitive grants to preserve the sites 

and stories of the Civil Rights movement: Provided, That such 

competitive grants shall be made without imposing the matching 

requirements in section 302902(b)(3) of title 54, United States Code 

to States and Indian tribes as defined in chapter 3003 of such 

title, Native Hawaiian organizations, local governments, including 

Certified Local Governments, and nonprofit organizations. 

CONSTRUCTION

For construction, improvements, repair, or replacement of physical facilities, including modifications authorized by section 104 

of the Everglades National Park Protection and Expansion Act 

of 1989 (16 U.S.C. 410r-8), $192,937,000, to remain available until 

expended: Provided, That, notwithstanding any other provision of 

law, for any project initially funded in fiscal year 2016 with a 

future phase indicated in the National Park Service 5–Year Line 

Item Construction Plan, a single procurement may be issued which 

includes the full scope of the project: Provided further, That the 

solicitation and contract shall contain the clause availability of 

funds found at 48 CFR 52.232–18: Provided further, That National 

Park Service Donations, Park Concessions Franchise Fees, and 

Recreation Fees may be made available for the cost of adjustments 

and changes within the original scope of effort for projects funded 

by the National Park Service Construction appropriation: Provided 

further, That the Secretary of the Interior shall consult with the 

Committees on Appropriations, in accordance with current reprogramming thresholds, prior to making any charges authorized 

by this section. 

LAND AND WATER CONSERVATION FUND

(RESCISSION)

The contract authority provided for fiscal year 2016 by section 

200308 of title 54, United States Code, is rescinded. 

54 USC 200308 

note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2533 

LAND ACQUISITION AND STATE ASSISTANCE

For expenses necessary to carry out chapter 2003 of title 54, 

United States Code, including administrative expenses, and for 

acquisition of lands or waters, or interest therein, in accordance 

with the statutory authority applicable to the National Park Service, 

$173,670,000, to be derived from the Land and Water Conservation 

Fund and to remain available until expended, of which $110,000,000 

is for the State assistance program and of which $10,000,000 shall 

be for the American Battlefield Protection Program grants as 

authorized by chapter 3081 of title 54, United States Code. 

CENTENNIAL CHALLENGE

For expenses necessary to carry out the provisions of section 

101701 of title 54, United States Code, relating to challenge cost 

share agreements, $15,000,000, to remain available until expended, 

for Centennial Challenge projects and programs: Provided, That 

not less than 50 percent of the total cost of each project or program 

shall be derived from non-Federal sources in the form of donated 

cash, assets, or a pledge of donation guaranteed by an irrevocable 

letter of credit. 

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS)

In addition to other uses set forth in section 101917(c)(2) of 

title 54, United States Code, franchise fees credited to a subaccount shall be available for expenditure by the Secretary, without 

further appropriation, for use at any unit within the National 

Park System to extinguish or reduce liability for Possessory Interest 

or leasehold surrender interest. Such funds may only be used for 

this purpose to the extent that the benefitting unit anticipated 

franchise fee receipts over the term of the contract at that unit 

exceed the amount of funds used to extinguish or reduce liability. 

Franchise fees at the benefitting unit shall be credited to the 

sub-account of the originating unit over a period not to exceed 

the term of a single contract at the benefitting unit, in the amount 

of funds so expended to extinguish or reduce liability. 

For the costs of administration of the Land and Water Conservation Fund grants authorized by section 105(a)(2)(B) of the 

Gulf of Mexico Energy Security Act of 2006 (Public Law 109– 

432), the National Park Service may retain up to 3 percent of 

the amounts which are authorized to be disbursed under such 

section, such retained amounts to remain available until expended. 

National Park Service funds may be transferred to the Federal 

Highway Administration (FHWA), Department of Transportation, 

for purposes authorized under 23 U.S.C. 204. Transfers may include 

a reasonable amount for FHWA administrative support costs. 

In fiscal year 2016 and each fiscal year thereafter, any amounts 

deposited into the National Park Service trust fund accounts (31 

U.S.C. 1321(a)(l7)–(18)) shall be invested by the Secretary of the 

Treasury in interest bearing obligations of the United States to 

the extent such amounts are not, in his judgment, required to 

meet current withdrawals: Provided, That interest earned by such 

investments shall be available for obligation without further appropriation, to the benefit of the project. 

31 USC 1321 

note. 


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129 STAT. 2534 PUBLIC LAW 114–113—DEC. 18, 2015 

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

For expenses necessary for the United States Geological Survey 

to perform surveys, investigations, and research covering topography, geology, hydrology, biology, and the mineral and water 

resources of the United States, its territories and possessions, and 

other areas as authorized by 43 U.S.C. 31, 1332, and 1340; classify 

lands as to their mineral and water resources; give engineering 

supervision to power permittees and Federal Energy Regulatory 

Commission licensees; administer the minerals exploration program 

(30 U.S.C. 641); conduct inquiries into the economic conditions 

affecting mining and materials processing industries (30 U.S.C. 

3, 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes as authorized by law; and to publish and disseminate data relative to the 

foregoing activities; $1,062,000,000, to remain available until September 30, 2017; of which $57,637,189 shall remain available until 

expended for satellite operations; and of which $7,280,000 shall 

be available until expended for deferred maintenance and capital 

improvement projects that exceed $100,000 in cost: Provided, That 

none of the funds provided for the ecosystem research activity 

shall be used to conduct new surveys on private property, unless 

specifically authorized in writing by the property owner: Provided 

further, That no part of this appropriation shall be used to pay 

more than one-half the cost of topographic mapping or water 

resources data collection and investigations carried on in cooperation with States and municipalities. 

ADMINISTRATIVE PROVISIONS

From within the amount appropriated for activities of the 

United States Geological Survey such sums as are necessary shall 

be available for contracting for the furnishing of topographic maps 

and for the making of geophysical or other specialized surveys 

when it is administratively determined that such procedures are 

in the public interest; construction and maintenance of necessary 

buildings and appurtenant facilities; acquisition of lands for gauging 

stations and observation wells; expenses of the United States 

National Committee for Geological Sciences; and payment of compensation and expenses of persons employed by the Survey duly 

appointed to represent the United States in the negotiation and 

administration of interstate compacts: Provided, That activities 

funded by appropriations herein made may be accomplished through 

the use of contracts, grants, or cooperative agreements as defined 

in section 6302 of title 31, United States Code: Provided further, 

That the United States Geological Survey may enter into contracts 

or cooperative agreements directly with individuals or indirectly 

with institutions or nonprofit organizations, without regard to 41 

U.S.C. 6101, for the temporary or intermittent services of students 

or recent graduates, who shall be considered employees for the 

purpose of chapters 57 and 81 of title 5, United States Code, 

relating to compensation for travel and work injuries, and chapter 

171 of title 28, United States Code, relating to tort claims, but 

shall not be considered to be Federal employees for any other 

purposes. 

43 USC 50. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2535 

BUREAU OF OCEAN ENERGY MANAGEMENT

OCEAN ENERGY MANAGEMENT

For expenses necessary for granting leases, easements, rightsof-way and agreements for use for oil and gas, other minerals, 

energy, and marine-related purposes on the Outer Continental Shelf 

and approving operations related thereto, as authorized by law; 

for environmental studies, as authorized by law; for implementing 

other laws and to the extent provided by Presidential or Secretarial 

delegation; and for matching grants or cooperative agreements, 

$170,857,000, of which $74,235,000, is to remain available until 

September 30, 2017 and of which $96,622,000 is to remain available 

until expended: Provided, That this total appropriation shall be 

reduced by amounts collected by the Secretary and credited to 

this appropriation from additions to receipts resulting from 

increases to lease rental rates in effect on August 5, 1993, and 

from cost recovery fees from activities conducted by the Bureau 

of Ocean Energy Management pursuant to the Outer Continental 

Shelf Lands Act, including studies, assessments, analysis, and miscellaneous administrative activities: Provided further, That the sum 

herein appropriated shall be reduced as such collections are received 

during the fiscal year, so as to result in a final fiscal year 2016 

appropriation estimated at not more than $74,235,000: Provided 

further, That not to exceed $3,000 shall be available for reasonable 

expenses related to promoting volunteer beach and marine cleanup 

activities. 

BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT

OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT

For expenses necessary for the regulation of operations related 

to leases, easements, rights-of-way and agreements for use for oil 

and gas, other minerals, energy, and marine-related purposes on 

the Outer Continental Shelf, as authorized by law; for enforcing 

and implementing laws and regulations as authorized by law and 

to the extent provided by Presidential or Secretarial delegation; 

and for matching grants or cooperative agreements, $124,772,000, 

of which $67,565,000 is to remain available until September 30, 

2017 and of which $57,207,000 is to remain available until 

expended: Provided, That this total appropriation shall be reduced 

by amounts collected by the Secretary and credited to this appropriation from additions to receipts resulting from increases to lease 

rental rates in effect on August 5, 1993, and from cost recovery 

fees from activities conducted by the Bureau of Safety and Environmental Enforcement pursuant to the Outer Continental Shelf Lands 

Act, including studies, assessments, analysis, and miscellaneous 

administrative activities: Provided further, That the sum herein 

appropriated shall be reduced as such collections are received during 

the fiscal year, so as to result in a final fiscal year 2016 appropriation estimated at not more than $67,565,000. 

For an additional amount, $65,000,000, to remain available 

until expended, to be reduced by amounts collected by the Secretary 

and credited to this appropriation, which shall be derived from 

non-refundable inspection fees collected in fiscal year 2016, as provided in this Act: Provided, That to the extent that amounts realized 

from such inspection fees exceed $65,000,000, the amounts realized 


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129 STAT. 2536 PUBLIC LAW 114–113—DEC. 18, 2015 

in excess of $65,000,000 shall be credited to this appropriation 

and remain available until expended: Provided further, That for 

fiscal year 2016, not less than 50 percent of the inspection fees 

expended by the Bureau of Safety and Environmental Enforcement 

will be used to fund personnel and mission-related costs to expand 

capacity and expedite the orderly development, subject to environmental safeguards, of the Outer Continental Shelf pursuant to 

the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), 

including the review of applications for permits to drill. 

OIL SPILL RESEARCH

For necessary expenses to carry out title I, section 1016, title 

IV, sections 4202 and 4303, title VII, and title VIII, section 8201 

of the Oil Pollution Act of 1990, $14,899,000, which shall be derived 

from the Oil Spill Liability Trust Fund, to remain available until 

expended. 

OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

REGULATION AND TECHNOLOGY

For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law 

95–87, $123,253,000, to remain available until September 30, 2017: 

Provided, That appropriations for the Office of Surface Mining 

Reclamation and Enforcement may provide for the travel and per 

diem expenses of State and tribal personnel attending Office of 

Surface Mining Reclamation and Enforcement sponsored training. 

In addition, for costs to review, administer, and enforce permits 

issued by the Office pursuant to section 507 of Public Law 95– 

87 (30 U.S.C. 1257), $40,000, to remain available until expended: 

Provided, That fees assessed and collected by the Office pursuant 

to such section 507 shall be credited to this account as discretionary 

offsetting collections, to remain available until expended: Provided 

further, That the sum herein appropriated from the general fund 

shall be reduced as collections are received during the fiscal year, 

so as to result in a fiscal year 2016 appropriation estimated at 

not more than $123,253,000. 

ABANDONED MINE RECLAMATION FUND

For necessary expenses to carry out title IV of the Surface 

Mining Control and Reclamation Act of 1977, Public Law 95–87, 

$27,303,000, to be derived from receipts of the Abandoned Mine 

Reclamation Fund and to remain available until expended: Provided, That pursuant to Public Law 97–365, the Department of 

the Interior is authorized to use up to 20 percent from the recovery 

of the delinquent debt owed to the United States Government 

to pay for contracts to collect these debts: Provided further, That 

funds made available under title IV of Public Law 95–87 may 

be used for any required non-Federal share of the cost of projects 

funded by the Federal Government for the purpose of environmental 

restoration related to treatment or abatement of acid mine drainage 

from abandoned mines: Provided further, That such projects must 

be consistent with the purposes and priorities of the Surface Mining 

Control and Reclamation Act: Provided further, That amounts provided under this heading may be used for the travel and per 

30 USC 1257 

note. 

30 USC 1211 

note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2537 

diem expenses of State and tribal personnel attending Office of 

Surface Mining Reclamation and Enforcement sponsored training. In addition, $90,000,000, to remain available until expended, 

for grants to States for reclamation of abandoned mine lands and 

other related activities in accordance with the terms and conditions 

in the explanatory statement described in section 4 (in the matter 

preceding division A of this consolidated Act): Provided, That such 

additional amount shall be used for economic and community 

development in conjunction with the priorities in section 403(a) 

of the Surface Mining Control and Reclamation Act of 1977 (30 

U.S.C. 1233(a)): Provided further, That such additional amount 

shall be distributed in equal amounts to the 3 Appalachian States 

with the greatest amount of unfunded needs to meet the priorities 

described in paragraphs (1) and (2) of such section: Provided further, 

That such additional amount shall be allocated to States within 

60 days after the date of enactment of this Act. 

BUREAU OF INDIAN AFFAIRS AND BUREAU OF INDIAN EDUCATION

OPERATION OF INDIAN PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary for the operation of Indian programs, 

as authorized by law, including the Snyder Act of November 2, 

1921 (25 U.S.C. 13), the Indian Self-Determination and Education 

Assistance Act of 1975 (25 U.S.C. 450 et seq.), the Education 

Amendments of 1978 (25 U.S.C. 2001–2019), and the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.), $2,267,924,000, 

to remain available until September 30, 2017, except as otherwise 

provided herein; of which not to exceed $8,500 may be for official 

reception and representation expenses; of which not to exceed 

$74,791,000 shall be for welfare assistance payments: Provided, 

That, in cases of designated Federal disasters, the Secretary may 

exceed such cap, from the amounts provided herein, to provide 

for disaster relief to Indian communities affected by the disaster: 

Provided further, That federally recognized Indian tribes and tribal 

organizations of federally recognized Indian tribes may use their 

tribal priority allocations for unmet welfare assistance costs: Provided further, That not to exceed $628,351,000 for school operations 

costs of Bureau-funded schools and other education programs shall 

become available on July 1, 2016, and shall remain available until 

September 30, 2017: Provided further, That not to exceed 

$43,813,000 shall remain available until expended for housing 

improvement, road maintenance, attorney fees, litigation support, 

land records improvement, and the Navajo-Hopi Settlement Program: Provided further, That, notwithstanding any other provision 

of law, including but not limited to the Indian Self-Determination 

Act of 1975 (25 U.S.C. 450f et seq.) and section 1128 of the Education Amendments of 1978 (25 U.S.C. 2008), not to exceed 

$73,276,000 within and only from such amounts made available 

for school operations shall be available for administrative cost 

grants associated with grants approved prior to July 1, 2016: Provided further, That any forestry funds allocated to a federally recognized tribe which remain unobligated as of September 30, 2017, 

may be transferred during fiscal year 2018 to an Indian forest 

land assistance account established for the benefit of the holder 


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of the funds within the holder’s trust fund account: Provided further, That any such unobligated balances not so transferred shall expire 

on September 30, 2018: Provided further, That, in order to enhance 

the safety of Bureau field employees, the Bureau may use funds 

to purchase uniforms or other identifying articles of clothing for 

personnel. 

CONTRACT SUPPORT COSTS

For payments to tribes and tribal organizations for contract 

support costs associated with Indian Self-Determination and Education Assistance Act agreements with the Bureau of Indian Affairs 

for fiscal year 2016, such sums as may be necessary, which shall 

be available for obligation through September 30, 2017: Provided, That amounts obligated but not expended by a tribe or tribal 

organization for contract support costs for such agreements for 

the current fiscal year shall be applied to contract support costs 

otherwise due for such agreements for subsequent fiscal years: 

Provided further, That, notwithstanding any other provision of law, 

no amounts made available under this heading shall be available 

for transfer to another budget account. 

CONSTRUCTION

(INCLUDING TRANSFER OF FUNDS)

For construction, repair, improvement, and maintenance of 

irrigation and power systems, buildings, utilities, and other facilities, including architectural and engineering services by contract; 

acquisition of lands, and interests in lands; and preparation of 

lands for farming, and for construction of the Navajo Indian Irrigation Project pursuant to Public Law 87–483, $193,973,000, to remain 

available until expended: Provided, That such amounts as may 

be available for the construction of the Navajo Indian Irrigation 

Project may be transferred to the Bureau of Reclamation: Provided 

further, That not to exceed 6 percent of contract authority available 

to the Bureau of Indian Affairs from the Federal Highway Trust 

Fund may be used to cover the road program management costs 

of the Bureau: Provided further, That any funds provided for the 

Safety of Dams program pursuant to 25 U.S.C. 13 shall be made 

available on a nonreimbursable basis: Provided further, That for 

fiscal year 2016, in implementing new construction, replacement 

facilities construction, or facilities improvement and repair project 

grants in excess of $100,000 that are provided to grant schools 

under Public Law 100–297, the Secretary of the Interior shall 

use the Administrative and Audit Requirements and Cost Principles 

for Assistance Programs contained in 43 CFR part 12 as the regulatory requirements: Provided further, That such grants shall not 

be subject to section 12.61 of 43 CFR; the Secretary and the grantee 

shall negotiate and determine a schedule of payments for the work 

to be performed: Provided further, That in considering grant applications, the Secretary shall consider whether such grantee would 

be deficient in assuring that the construction projects conform to 

applicable building standards and codes and Federal, tribal, or 

State health and safety standards as required by 25 U.S.C. 2005(b), 

with respect to organizational and financial management capabilities: Provided further, That if the Secretary declines a grant application, the Secretary shall follow the requirements contained in 25 


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U.S.C. 2504(f): Provided further, That any disputes between the 

Secretary and any grantee concerning a grant shall be subject 

to the disputes provision in 25 U.S.C. 2507(e): Provided further, That in order to ensure timely completion of construction projects, 

the Secretary may assume control of a project and all funds related 

to the project, if, within 18 months of the date of enactment of 

this Act, any grantee receiving funds appropriated in this Act 

or in any prior Act, has not completed the planning and design 

phase of the project and commenced construction: Provided further, 

That this appropriation may be reimbursed from the Office of 

the Special Trustee for American Indians appropriation for the 

appropriate share of construction costs for space expansion needed 

in agency offices to meet trust reform implementation. 

INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS

PAYMENTS TO INDIANS

For payments and necessary administrative expenses for 

implementation of Indian land and water claim settlements pursuant to Public Laws 99–264, 100–580, 101–618, 111–11, and 111– 

291, and for implementation of other land and water rights settlements, $49,475,000, to remain available until expended. 

INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

For the cost of guaranteed loans and insured loans, $7,748,000, 

of which $1,062,000 is for administrative expenses, as authorized 

by the Indian Financing Act of 1974: Provided, That such costs, 

including the cost of modifying such loans, shall be as defined 

in section 502 of the Congressional Budget Act of 1974: Provided 

further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed or insured, not to 

exceed $113,804,510. 

ADMINISTRATIVE PROVISIONS

The Bureau of Indian Affairs may carry out the operation 

of Indian programs by direct expenditure, contracts, cooperative 

agreements, compacts, and grants, either directly or in cooperation 

with States and other organizations. 

Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs 

may contract for services in support of the management, operation, 

and maintenance of the Power Division of the San Carlos Irrigation 

Project. 

Notwithstanding any other provision of law, no funds available 

to the Bureau of Indian Affairs for central office oversight and 

Executive Direction and Administrative Services (except executive 

direction and administrative services funding for Tribal Priority 

Allocations, regional offices, and facilities operations and maintenance) shall be available for contracts, grants, compacts, or cooperative agreements with the Bureau of Indian Affairs under the provisions of the Indian Self-Determination Act or the Tribal Self-Governance Act of 1994 (Public Law 103–413). 

In the event any tribe returns appropriations made available 

by this Act to the Bureau of Indian Affairs, this action shall not 

diminish the Federal Government’s trust responsibility to that tribe, 

or the government-to-government relationship between the United 


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States and that tribe, or that tribe’s ability to access future appropriations. 

Notwithstanding any other provision of law, no funds available 

to the Bureau of Indian Education, other than the amounts provided 

herein for assistance to public schools under 25 U.S.C. 452 et 

seq., shall be available to support the operation of any elementary 

or secondary school in the State of Alaska. 

No funds available to the Bureau of Indian Education shall 

be used to support expanded grades for any school or dormitory 

beyond the grade structure in place or approved by the Secretary 

of the Interior at each school in the Bureau of Indian Education 

school system as of October 1, 1995, except that the Secretary 

of the Interior may waive this prohibition to support expansion 

of up to one additional grade when the Secretary determines such 

waiver is needed to support accomplishment of the mission of the 

Bureau of Indian Education. Appropriations made available in this 

or any prior Act for schools funded by the Bureau shall be available, 

in accordance with the Bureau’s funding formula, only to the schools 

in the Bureau school system as of September 1, 1996, and to 

any school or school program that was reinstated in fiscal year 

2012. Funds made available under this Act may not be used to 

establish a charter school at a Bureau-funded school (as that term 

is defined in section 1141 of the Education Amendments of 1978 

(25 U.S.C. 2021)), except that a charter school that is in existence 

on the date of the enactment of this Act and that has operated 

at a Bureau-funded school before September 1, 1999, may continue 

to operate during that period, but only if the charter school pays 

to the Bureau a pro rata share of funds to reimburse the Bureau 

for the use of the real and personal property (including buses 

and vans), the funds of the charter school are kept separate and 

apart from Bureau funds, and the Bureau does not assume any 

obligation for charter school programs of the State in which the 

school is located if the charter school loses such funding. Employees 

of Bureau-funded schools sharing a campus with a charter school 

and performing functions related to the charter school’s operation 

and employees of a charter school shall not be treated as Federal 

employees for purposes of chapter 171 of title 28, United States 

Code. 

Notwithstanding any other provision of law, including section 

113 of title I of appendix C of Public Law 106–113, if in fiscal 

year 2003 or 2004 a grantee received indirect and administrative 

costs pursuant to a distribution formula based on section 5(f) of 

Public Law 101–301, the Secretary shall continue to distribute 

indirect and administrative cost funds to such grantee using the 

section 5(f) distribution formula. 

Funds available under this Act may not be used to establish 

satellite locations of schools in the Bureau school system as of 

September 1, 1996, except that the Secretary may waive this 

prohibition in order for an Indian tribe to provide language and 

cultural immersion educational programs for non-public schools 

located within the jurisdictional area of the tribal government which 

exclusively serve tribal members, do not include grades beyond 

those currently served at the existing Bureau-funded school, provide 

an educational environment with educator presence and academic 

facilities comparable to the Bureau-funded school, comply with all 

applicable Tribal, Federal, or State health and safety standards, 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2541 

and the Americans with Disabilities Act, and demonstrate the benefits of establishing operations at a satellite location in lieu of incurring extraordinary costs, such as for transportation or other impacts 

to students such as those caused by busing students extended 

distances: Provided, That no funds available under this Act may 

be used to fund operations, maintenance, rehabilitation, construction or other facilities-related costs for such assets that are not 

owned by the Bureau: Provided further, That the term ‘‘satellite 

school’’ means a school location physically separated from the 

existing Bureau school by more than 50 miles but that forms 

part of the existing school in all other respects. 

DEPARTMENTAL OFFICES

OFFICE OF THE SECRETARY

DEPARTMENTAL OPERATIONS

For necessary expenses for management of the Department 

of the Interior, including the collection and disbursement of royalties, fees, and other mineral revenue proceeds, and for grants and 

cooperative agreements, as authorized by law, $721,769,000, to 

remain available until September 30, 2017; of which not to exceed 

$15,000 may be for official reception and representation expenses; 

and of which up to $1,000,000 shall be available for workers compensation payments and unemployment compensation payments 

associated with the orderly closure of the United States Bureau 

of Mines; and of which $12,618,000 for the Office of Valuation 

Services is to be derived from the Land and Water Conservation 

Fund and shall remain available until expended; and of which 

$38,300,000 shall remain available until expended for the purpose 

of mineral revenue management activities: Provided, That notwithstanding any other provision of law, $15,000 under this heading 

shall be available for refunds of overpayments in connection with 

certain Indian leases in which the Secretary concurred with the 

claimed refund due, to pay amounts owed to Indian allottees or 

tribes, or to correct prior unrecoverable erroneous payments. 

ADMINISTRATIVE PROVISIONS

For fiscal year 2016, up to $400,000 of the payments authorized 

by the Act of October 20, 1976 (31 U.S.C. 6901–6907) may be 

retained for administrative expenses of the Payments in Lieu of 

Taxes Program: Provided, That no payment shall be made pursuant 

to that Act to otherwise eligible units of local government if the 

computed amount of the payment is less than $100: Provided further, That the Secretary may reduce the payment authorized by 

31 U.S.C. 6901–6907 for an individual county by the amount necessary to correct prior year overpayments to that county: Provided 

further, That the amount needed to correct a prior year underpayment to an individual county shall be paid from any reductions 

for overpayments to other counties and the amount necessary to 

cover any remaining underpayment is hereby appropriated and 

shall be paid to individual counties: Provided further, That of the 

total amount made available by this title for ‘‘Office of the Secretary—Departmental Operations’’, $452,000,000 shall be available 

to the Secretary of the Interior for an additional amount for fiscal 


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year 2016 for payments in lieu of taxes under chapter 69 of title 

31, United States Code. 

INSULAR AFFAIRS

ASSISTANCE TO TERRITORIES

For expenses necessary for assistance to territories under the 

jurisdiction of the Department of the Interior and other jurisdictions 

identified in section 104(e) of Public Law 108–188, $86,976,000, 

of which: (1) $77,528,000 shall remain available until expended 

for territorial assistance, including general technical assistance, 

maintenance assistance, disaster assistance, coral reef initiative 

activities, and brown tree snake control and research; grants to 

the judiciary in American Samoa for compensation and expenses, 

as authorized by law (48 U.S.C. 1661(c)); grants to the Government 

of American Samoa, in addition to current local revenues, for 

construction and support of governmental functions; grants to the 

Government of the Virgin Islands as authorized by law; grants 

to the Government of Guam, as authorized by law; and grants 

to the Government of the Northern Mariana Islands as authorized 

by law (Public Law 94–241; 90 Stat. 272); and (2) $9,448,000 shall 

be available until September 30, 2017, for salaries and expenses 

of the Office of Insular Affairs: Provided, That all financial transactions of the territorial and local governments herein provided 

for, including such transactions of all agencies or instrumentalities 

established or used by such governments, may be audited by the 

Government Accountability Office, at its discretion, in accordance 

with chapter 35 of title 31, United States Code: Provided further, 

That Northern Mariana Islands Covenant grant funding shall be 

provided according to those terms of the Agreement of the Special 

Representatives on Future United States Financial Assistance for 

the Northern Mariana Islands approved by Public Law 104–134: 

Provided further, That the funds for the program of operations 

and maintenance improvement are appropriated to institutionalize 

routine operations and maintenance improvement of capital infrastructure with territorial participation and cost sharing to be determined by the Secretary based on the grantee’s commitment to 

timely maintenance of its capital assets: Provided further, That 

any appropriation for disaster assistance under this heading in 

this Act or previous appropriations Acts may be used as nonFederal matching funds for the purpose of hazard mitigation grants 

provided pursuant to section 404 of the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act (42 U.S.C. 5170c). 

COMPACT OF FREE ASSOCIATION

For grants and necessary expenses, $3,318,000, to remain available until expended, as provided for in sections 221(a)(2) and 233 

of the Compact of Free Association for the Republic of Palau; 

and section 221(a)(2) of the Compacts of Free Association for the 

Government of the Republic of the Marshall Islands and the Federated States of Micronesia, as authorized by Public Law 99–658 

and Public Law 108–188. 

48 USC 1469b. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2543 

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS)

At the request of the Governor of Guam, the Secretary may 

transfer discretionary funds or mandatory funds provided under 

section 104(e) of Public Law 108–188 and Public Law 104–134, 

that are allocated for Guam, to the Secretary of Agriculture for 

the subsidy cost of direct or guaranteed loans, plus not to exceed 

three percent of the amount of the subsidy transferred for the 

cost of loan administration, for the purposes authorized by the 

Rural Electrification Act of 1936 and section 306(a)(1) of the Consolidated Farm and Rural Development Act for construction and repair 

projects in Guam, and such funds shall remain available until 

expended: Provided, That such costs, including the cost of modifying 

such loans, shall be as defined in section 502 of the Congressional 

Budget Act of 1974: Provided further, That such loans or loan 

guarantees may be made without regard to the population of the 

area, credit elsewhere requirements, and restrictions on the types 

of eligible entities under the Rural Electrification Act of 1936 and 

section 306(a)(1) of the Consolidated Farm and Rural Development 

Act: Provided further, That any funds transferred to the Secretary 

of Agriculture shall be in addition to funds otherwise made available 

to make or guarantee loans under such authorities. 

OFFICE OF THE SOLICITOR

SALARIES AND EXPENSES

For necessary expenses of the Office of the Solicitor, 

$65,800,000. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General, 

$50,047,000. 

OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS

FEDERAL TRUST PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For the operation of trust programs for Indians by direct 

expenditure, contracts, cooperative agreements, compacts, and 

grants, $139,029,000, to remain available until expended, of which 

not to exceed $22,120,000 from this or any other Act, may be 

available for historical accounting: Provided, That funds for trust 

management improvements and litigation support may, as needed, 

be transferred to or merged with the Bureau of Indian Affairs 

and Bureau of Indian Education, ‘‘Operation of Indian Programs’’ 

account; the Office of the Solicitor, ‘‘Salaries and Expenses’’ account; 

and the Office of the Secretary, ‘‘Departmental Operations’’ account: 

Provided further, That funds made available through contracts or 

grants obligated during fiscal year 2016, as authorized by the 

Indian Self-Determination Act of 1975 (25 U.S.C. 450 et seq.), 


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shall remain available until expended by the contractor or grantee: 

Provided further, That, notwithstanding any other provision of law, 

the Secretary shall not be required to provide a quarterly statement 

of performance for any Indian trust account that has not had 

activity for at least 15 months and has a balance of $15 or less: 

Provided further, That the Secretary shall issue an annual account 

statement and maintain a record of any such accounts and shall 

permit the balance in each such account to be withdrawn upon 

the express written request of the account holder: Provided further, 

That not to exceed $50,000 is available for the Secretary to make 

payments to correct administrative errors of either disbursements 

from or deposits to Individual Indian Money or Tribal accounts 

after September 30, 2002: Provided further, That erroneous payments that are recovered shall be credited to and remain available 

in this account for this purpose: Provided further, That the Secretary shall not be required to reconcile Special Deposit Accounts 

with a balance of less than $500 unless the Office of the Special 

Trustee receives proof of ownership from a Special Deposit Accounts 

claimant. 

DEPARTMENT-WIDE PROGRAMS

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses for fire preparedness, fire suppression 

operations, fire science and research, emergency rehabilitation, hazardous fuels management activities, and rural fire assistance by 

the Department of the Interior, $816,745,000, to remain available 

until expended, of which not to exceed $6,427,000 shall be for 

the renovation or construction of fire facilities: Provided, That such 

funds are also available for repayment of advances to other appropriation accounts from which funds were previously transferred 

for such purposes: Provided further, That of the funds provided $170,000,000 is for hazardous fuels management activities: Provided 

further, That of the funds provided $18,970,000 is for burned area 

rehabilitation: Provided further, That persons hired pursuant to 

43 U.S.C. 1469 may be furnished subsistence and lodging without 

cost from funds available from this appropriation: Provided further, 

That notwithstanding 42 U.S.C. 1856d, sums received by a bureau 

or office of the Department of the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et seq., protection of United 

States property, may be credited to the appropriation from which 

funds were expended to provide that protection, and are available 

without fiscal year limitation: Provided further, That using the 

amounts designated under this title of this Act, the Secretary of 

the Interior may enter into procurement contracts, grants, or 

cooperative agreements, for hazardous fuels management and resilient landscapes activities, and for training and monitoring associated with such hazardous fuels management and resilient landscapes activities on Federal land, or on adjacent non-Federal land 

for activities that benefit resources on Federal land: Provided further, That the costs of implementing any cooperative agreement 

between the Federal Government and any non-Federal entity may 

be shared, as mutually agreed on by the affected parties: Provided 

further, That notwithstanding requirements of the Competition in 


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Contracting Act, the Secretary, for purposes of hazardous fuels 

management and resilient landscapes activities, may obtain maximum practicable competition among: (1) local private, nonprofit, 

or cooperative entities; (2) Youth Conservation Corps crews, Public 

Lands Corps (Public Law 109–154), or related partnerships with 

State, local, or nonprofit youth groups; (3) small or micro-businesses; 

or (4) other entities that will hire or train locally a significant 

percentage, defined as 50 percent or more, of the project workforce 

to complete such contracts: Provided further, That in implementing 

this section, the Secretary shall develop written guidance to field 

units to ensure accountability and consistent application of the 

authorities provided herein: Provided further, That funds appropriated under this heading may be used to reimburse the United 

States Fish and Wildlife Service and the National Marine Fisheries 

Service for the costs of carrying out their responsibilities under 

the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to 

consult and conference, as required by section 7 of such Act, in 

connection with wildland fire management activities: Provided further, That the Secretary of the Interior may use wildland fire 

appropriations to enter into leases of real property with local governments, at or below fair market value, to construct capitalized 

improvements for fire facilities on such leased properties, including 

but not limited to fire guard stations, retardant stations, and other 

initial attack and fire support facilities, and to make advance payments for any such lease or for construction activity associated 

with the lease: Provided further, That the Secretary of the Interior 

and the Secretary of Agriculture may authorize the transfer of 

funds appropriated for wildland fire management, in an aggregate 

amount not to exceed $50,000,000, between the Departments when 

such transfers would facilitate and expedite wildland fire management programs and projects: Provided further, That funds provided 

for wildfire suppression shall be available for support of Federal 

emergency response actions: Provided further, That funds appropriated under this heading shall be available for assistance to 

or through the Department of State in connection with forest and 

rangeland research, technical information, and assistance in foreign 

countries, and, with the concurrence of the Secretary of State, 

shall be available to support forestry, wildland fire management, 

and related natural resource activities outside the United States 

and its territories and possessions, including technical assistance, 

education and training, and cooperation with United States and 

international organizations. 

FLAME WILDFIRE SUPPRESSION RESERVE FUND

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for large fire suppression operations 

of the Department of the Interior and as a reserve fund for suppression and Federal emergency response activities, $177,000,000, to 

remain available until expended: Provided, That such amounts 

are only available for transfer to the ‘‘Wildland Fire Management’’ 

account following a declaration by the Secretary in accordance 

with section 502 of the FLAME Act of 2009 (43 U.S.C. 1748a). 


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CENTRAL HAZARDOUS MATERIALS FUND

For necessary expenses of the Department of the Interior and 

any of its component offices and bureaus for the response action, 

including associated activities, performed pursuant to the Comprehensive Environmental Response, Compensation, and Liability 

Act (42 U.S.C. 9601 et seq.), $10,010,000, to remain available until 

expended. 

NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION

NATURAL RESOURCE DAMAGE ASSESSMENT FUND

To conduct natural resource damage assessment, restoration 

activities, and onshore oil spill preparedness by the Department 

of the Interior necessary to carry out the provisions of the Comprehensive Environmental Response, Compensation, and Liability 

Act (42 U.S.C. 9601 et seq.), the Federal Water Pollution Control 

Act (33 U.S.C. 1251 et seq.), the Oil Pollution Act of 1990 (33 

U.S.C. 2701 et seq.), and Public Law 101–337 (16 U.S.C. 19jj 

et seq.), $7,767,000, to remain available until expended. 

WORKING CAPITAL FUND

For the operation and maintenance of a departmental financial 

and business management system, information technology improvements of general benefit to the Department, and the consolidation 

of facilities and operations throughout the Department, $67,100,000, 

to remain available until expended: Provided, That none of the 

funds appropriated in this Act or any other Act may be used 

to establish reserves in the Working Capital Fund account other 

than for accrued annual leave and depreciation of equipment without prior approval of the Committees on Appropriations of the 

House of Representatives and the Senate: Provided further, That 

the Secretary may assess reasonable charges to State, local and 

tribal government employees for training services provided by the 

National Indian Program Training Center, other than training 

related to Public Law 93–638: Provided further, That the Secretary 

may lease or otherwise provide space and related facilities, equipment or professional services of the National Indian Program 

Training Center to State, local and tribal government employees 

or persons or organizations engaged in cultural, educational, or 

recreational activities (as defined in section 3306(a) of title 40, 

United States Code) at the prevailing rate for similar space, facilities, equipment, or services in the vicinity of the National Indian 

Program Training Center: Provided further, That all funds received 

pursuant to the two preceding provisos shall be credited to this 

account, shall be available until expended, and shall be used by 

the Secretary for necessary expenses of the National Indian Program Training Center: Provided further, That the Secretary may 

enter into grants and cooperative agreements to support the Office 

of Natural Resource Revenue’s collection and disbursement of royalties, fees, and other mineral revenue proceeds, as authorized by 

law. 


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ADMINISTRATIVE PROVISION

There is hereby authorized for acquisition from available 

resources within the Working Capital Fund, aircraft which may 

be obtained by donation, purchase or through available excess surplus property: Provided, That existing aircraft being replaced may 

be sold, with proceeds derived or trade-in value used to offset 

the purchase price for the replacement aircraft. 

GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

(INCLUDING TRANSFERS OF FUNDS)

EMERGENCY TRANSFER AUTHORITY—INTRA-BUREAU

SEC. 101. Appropriations made in this title shall be available 

for expenditure or transfer (within each bureau or office), with 

the approval of the Secretary, for the emergency reconstruction, 

replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or 

other unavoidable causes: Provided, That no funds shall be made 

available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have 

been exhausted: Provided further, That all funds used pursuant 

to this section must be replenished by a supplemental appropriation, 

which must be requested as promptly as possible. 

EMERGENCY TRANSFER AUTHORITY—DEPARTMENT-WIDE

SEC. 102. The Secretary may authorize the expenditure or 

transfer of any no year appropriation in this title, in addition 

to the amounts included in the budget programs of the several 

agencies, for the suppression or emergency prevention of wildland 

fires on or threatening lands under the jurisdiction of the Department of the Interior; for the emergency rehabilitation of burnedover lands under its jurisdiction; for emergency actions related 

to potential or actual earthquakes, floods, volcanoes, storms, or 

other unavoidable causes; for contingency planning subsequent to 

actual oil spills; for response and natural resource damage assessment activities related to actual oil spills or releases of hazardous 

substances into the environment; for the prevention, suppression, 

and control of actual or potential grasshopper and Mormon cricket 

outbreaks on lands under the jurisdiction of the Secretary, pursuant 

to the authority in section 417(b) of Public Law 106–224 (7 U.S.C. 

7717(b)); for emergency reclamation projects under section 410 of 

Public Law 95–87; and shall transfer, from any no year funds 

available to the Office of Surface Mining Reclamation and Enforcement, such funds as may be necessary to permit assumption of 

regulatory authority in the event a primacy State is not carrying 

out the regulatory provisions of the Surface Mining Act: Provided, 

That appropriations made in this title for wildland fire operations 

shall be available for the payment of obligations incurred during 

the preceding fiscal year, and for reimbursement to other Federal 

agencies for destruction of vehicles, aircraft, or other equipment 

in connection with their use for wildland fire operations, such 

reimbursement to be credited to appropriations currently available 

at the time of receipt thereof: Provided further, That for wildland 

fire operations, no funds shall be made available under this 


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authority until the Secretary determines that funds appropriated 

for ‘‘wildland fire operations’’ and ‘‘FLAME Wildfire Suppression 

Reserve Fund’’ shall be exhausted within 30 days: Provided further, That all funds used pursuant to this section must be replenished 

by a supplemental appropriation, which must be requested as 

promptly as possible: Provided further, That such replenishment 

funds shall be used to reimburse, on a pro rata basis, accounts 

from which emergency funds were transferred. 

AUTHORIZED USE OF FUNDS

SEC. 103. Appropriations made to the Department of the 

Interior in this title shall be available for services as authorized 

by section 3109 of title 5, United States Code, when authorized 

by the Secretary, in total amount not to exceed $500,000; purchase 

and replacement of motor vehicles, including specially equipped 

law enforcement vehicles; hire, maintenance, and operation of aircraft; hire of passenger motor vehicles; purchase of reprints; payment for telephone service in private residences in the field, when 

authorized under regulations approved by the Secretary; and the 

payment of dues, when authorized by the Secretary, for library 

membership in societies or associations which issue publications 

to members only or at a price to members lower than to subscribers 

who are not members. 

AUTHORIZED USE OF FUNDS, INDIAN TRUST MANAGEMENT

SEC. 104. Appropriations made in this Act under the headings 

Bureau of Indian Affairs and Bureau of Indian Education, and 

Office of the Special Trustee for American Indians and any unobligated balances from prior appropriations Acts made under the 

same headings shall be available for expenditure or transfer for 

Indian trust management and reform activities. Total funding for 

historical accounting activities shall not exceed amounts specifically 

designated in this Act for such purpose. 

REDISTRIBUTION OF FUNDS, BUREAU OF INDIAN AFFAIRS

SEC. 105. Notwithstanding any other provision of law, the 

Secretary of the Interior is authorized to redistribute any Tribal 

Priority Allocation funds, including tribal base funds, to alleviate 

tribal funding inequities by transferring funds to address identified, 

unmet needs, dual enrollment, overlapping service areas or inaccurate distribution methodologies. No tribe shall receive a reduction 

in Tribal Priority Allocation funds of more than 10 percent in 

fiscal year 2016. Under circumstances of dual enrollment, overlapping service areas or inaccurate distribution methodologies, the 

10 percent limitation does not apply. 

ELLIS, GOVERNORS, AND LIBERTY ISLANDS

SEC. 106. Notwithstanding any other provision of law, the 

Secretary of the Interior is authorized to acquire lands, waters, 

or interests therein including the use of all or part of any pier, 

dock, or landing within the State of New York and the State 

of New Jersey, for the purpose of operating and maintaining facilities in the support of transportation and accommodation of visitors 

to Ellis, Governors, and Liberty Islands, and of other program 


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and administrative activities, by donation or with appropriated 

funds, including franchise fees (and other monetary consideration), 

or by exchange; and the Secretary is authorized to negotiate and 

enter into leases, subleases, concession contracts or other agreements for the use of such facilities on such terms and conditions 

as the Secretary may determine reasonable. 

OUTER CONTINENTAL SHELF INSPECTION FEES

SEC. 107. (a) In fiscal year 2016, the Secretary shall collect 

a nonrefundable inspection fee, which shall be deposited in the 

‘‘Offshore Safety and Environmental Enforcement’’ account, from 

the designated operator for facilities subject to inspection under 

43 U.S.C. 1348(c). 

(b) Annual fees shall be collected for facilities that are above 

the waterline, excluding drilling rigs, and are in place at the start 

of the fiscal year. Fees for fiscal year 2016 shall be: (1) $10,500 for facilities with no wells, but with processing 

equipment or gathering lines; (2) $17,000 for facilities with 1 to 10 wells, with any combination of active or inactive wells; and 

(3) $31,500 for facilities with more than 10 wells, with 

any combination of active or inactive wells. 

(c) Fees for drilling rigs shall be assessed for all inspections 

completed in fiscal year 2016. Fees for fiscal year 2016 shall be: (1) $30,500 per inspection for rigs operating in water depths 

of 500 feet or more; and 

(2) $16,700 per inspection for rigs operating in water depths 

of less than 500 feet. 

(d) The Secretary shall bill designated operators under subsection (b) within 60 days, with payment required within 30 days 

of billing. The Secretary shall bill designated operators under subsection (c) within 30 days of the end of the month in which the 

inspection occurred, with payment required within 30 days of 

billing. 

BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION AND

ENFORCEMENT REORGANIZATION

SEC. 108. The Secretary of the Interior, in order to implement 

a reorganization of the Bureau of Ocean Energy Management, 

Regulation and Enforcement, may transfer funds among and 

between the successor offices and bureaus affected by the reorganization only in conformance with the reprogramming guidelines 

described in the explanatory statement described in section 4 (in 

the matter preceding division A of this consolidated Act). 

CONTRACTS AND AGREEMENTS FOR WILD HORSE AND BURRO HOLDING

FACILITIES

SEC. 109. Notwithstanding any other provision of this Act, 

the Secretary of the Interior may enter into multiyear cooperative 

agreements with nonprofit organizations and other appropriate entities, and may enter into multiyear contracts in accordance with 

the provisions of section 3903 of title 41, United States Code (except 

that the 5-year term restriction in subsection (a) shall not apply), 

for the long-term care and maintenance of excess wild free roaming 

horses and burros by such organizations or entities on private 

16 USC 1336 

note. 


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land. Such cooperative agreements and contracts may not exceed 

10 years, subject to renewal at the discretion of the Secretary. 

MASS MARKING OF SALMONIDS

SEC. 110. The United States Fish and Wildlife Service shall, 

in carrying out its responsibilities to protect threatened and endangered species of salmon, implement a system of mass marking 

of salmonid stocks, intended for harvest, that are released from 

federally operated or federally financed hatcheries including but 

not limited to fish releases of coho, chinook, and steelhead species. 

Marked fish must have a visible mark that can be readily identified 

by commercial and recreational fishers. 

EXHAUSTION OF ADMINISTRATIVE REVIEW

SEC. 111. Paragraph (1) of section 122(a) of division E of Public 

Law 112–74 (125 Stat. 1013) is amended by striking ‘‘through 

2016,’’ in the first sentence and inserting ‘‘through 2018,’’. 

WILD LANDS FUNDING PROHIBITION

SEC. 112. None of the funds made available in this Act or 

any other Act may be used to implement, administer, or enforce 

Secretarial Order No. 3310 issued by the Secretary of the Interior 

on December 22, 2010: Provided, That nothing in this section shall 

restrict the Secretary’s authorities under sections 201 and 202 

of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 

1711 and 1712). 

BUREAU OF INDIAN EDUCATION OPERATED SCHOOLS

SEC. 113. Section 115(d) of division E of Public Law 112– 

74 (25 U.S.C. 2000 note) is amended by striking ‘‘2017’’ and 

inserting ‘‘2027’’. 

VOLUNTEERS IN PARKS

SEC. 114. Section 102301(d) of title 54, United States Code, 

is amended by striking ‘‘$3,500,000’’ and inserting ‘‘$7,000,000’’. 

CONTRACTS AND AGREEMENTS WITH INDIAN AFFAIRS

SEC. 115. Notwithstanding any other provision of law, during 

fiscal year 2016, in carrying out work involving cooperation with 

State, local, and tribal governments or any political subdivision 

thereof, Indian Affairs may record obligations against accounts 

receivable from any such entities, except that total obligations at 

the end of the fiscal year shall not exceed total budgetary resources 

available at the end of the fiscal year. 

HERITAGE AREAS

SEC. 116. (a) Section 157(h)(1) of title I of Public Law 106– 

291 (16 U.S.C. 461 note) is amended by striking ‘‘$11,000,000’’ 

and inserting ‘‘$13,000,000’’. 

(b) Division II of Public Law 104–333 (16 U.S.C. 461 note) 

is amended— 

54 USC 320101 

note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2551 

(1) in sections 409(a), 508(a), and 812(a) by striking 

‘‘$15,000,000’’ and inserting ‘‘$17,000,000’’; and 

(2) in sections 208, 310, and 607 by striking ‘‘2015’’ and 

inserting ‘‘2017’’. 

SAGE-GROUSE

SEC. 117. None of the funds made available by this or any 

other Act may be used by the Secretary of the Interior to write 

or issue pursuant to section 4 of the Endangered Species Act of 

1973 (16 U.S.C. 1533)— 

(1) a proposed rule for greater sage-grouse 

(Centrocercus urophasianus); 

(2) a proposed rule for the Columbia basin distinct 

population segment of greater sage-grouse. 

ONSHORE PAY AUTHORITY EXTENSION

SEC. 118. For fiscal year 2016, funds made available in this 

title for the Bureau of Land Management and the Bureau of Indian 

Affairs may be used by the Secretary of the Interior to establish 

higher minimum rates of basic pay for employees of the Department 

of the Interior carrying out the inspection and regulation of onshore 

oil and gas operations on public lands in the Petroleum Engineer 

(GS–0881) and Petroleum Engineering Technician (GS–0802) job 

series at grades 5 through 14 at rates no greater than 25 percent 

above the minimum rates of basic pay normally scheduled, and 

such higher rates shall be consistent with subsections (e) through 

(h) of section 5305 of title 5, United States Code. 

REPUBLIC OF PALAU

SEC. 119. (a) IN GENERAL.—Subject to subsection (c), the United 

States Government, through the Secretary of the Interior shall 

provide to the Government of Palau for fiscal year 2016 grants 

in amounts equal to the annual amounts specified in subsections 

(a), (c), and (d) of section 211 of the Compact of Free Association 

between the Government of the United States of America and 

the Government of Palau (48 U.S.C. 1931 note) (referred to in 

this section as the ‘‘Compact’’). 

(b) PROGRAMMATIC ASSISTANCE.—Subject to subsection (c), the 

United States shall provide programmatic assistance to the Republic 

of Palau for fiscal year 2016 in amounts equal to the amounts 

provided in subsections (a) and (b)(1) of section 221 of the Compact. 

(c) LIMITATIONS ON ASSISTANCE.— 

(1) IN GENERAL.—The grants and programmatic assistance 

provided under subsections (a) and (b) shall be provided to 

the same extent and in the same manner as the grants and 

assistance were provided in fiscal year 2009. 

(2) TRUST FUND.—If the Government of Palau withdraws 

more than $5,000,000 from the trust fund established under 

section 211(f) of the Compact, amounts to be provided under 

subsections (a) and (b) shall be withheld from the Government 

of Palau. 

54 USC 320101 

notes. 

54 USC 320101 

notes. 


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129 STAT. 2552 PUBLIC LAW 114–113—DEC. 18, 2015 

WILDLIFE RESTORATION EXTENSION OF INVESTMENT OF UNEXPENDED

AMOUNTS

SEC. 120. Section 3(b)(2)(C) of the Pittman-Robertson Wildlife 

Restoration Act (16 U.S.C. 669b(b)(2)(C)) is amended by striking 

‘‘2016’’ and inserting ‘‘2026’’. 

PROHIBITION ON USE OF FUNDS

SEC. 121. (a) Any proposed new use of the Arizona & California 

Railroad Company’s Right of Way for conveyance of water shall 

not proceed unless the Secretary of the Interior certifies that the 

proposed new use is within the scope of the Right of Way. 

(b) No funds appropriated or otherwise made available to the 

Department of the Interior may be used, in relation to any proposal 

to store water underground for the purpose of export, for approval 

of any right-of-way or similar authorization on the Mojave National 

Preserve or lands managed by the Needles Field Office of the 

Bureau of Land Management, or for carrying out any activities 

associated with such right-of-way or similar approval. 

TITLE II 

ENVIRONMENTAL PROTECTION AGENCY 

SCIENCE AND TECHNOLOGY

For science and technology, including research and development 

activities, which shall include research and development activities 

under the Comprehensive Environmental Response, Compensation, 

and Liability Act of 1980; necessary expenses for personnel and 

related costs and travel expenses; procurement of laboratory equipment and supplies; and other operating expenses in support of 

research and development, $734,648,000, to remain available until 

September 30, 2017: Provided, That of the funds included under 

this heading, $14,100,000 shall be for Research: National Priorities 

as specified in the explanatory statement described in section 4 

(in the matter preceding division A of this consolidated Act). 

ENVIRONMENTAL PROGRAMS AND MANAGEMENT

For environmental programs and management, including necessary expenses, not otherwise provided for, for personnel and 

related costs and travel expenses; hire of passenger motor vehicles; 

hire, maintenance, and operation of aircraft; purchase of reprints; 

library memberships in societies or associations which issue publications to members only or at a price to members lower than to 

subscribers who are not members; administrative costs of the 

brownfields program under the Small Business Liability Relief and 

Brownfields Revitalization Act of 2002; and not to exceed $9,000 

for official reception and representation expenses, $2,613,679,000, 

to remain available until September 30, 2017: Provided, That of 

the funds included under this heading, $12,700,000 shall be for 

Environmental Protection: National Priorities as specified in the 

explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided further, That 

of the funds included under this heading, $427,737,000 shall be 

for Geographic Programs specified in the explanatory statement 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2553 

described in section 4 (in the matter preceding division A of this 

consolidated Act). 

HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM FUND

For necessary expenses to carry out section 3024 of the Solid 

Waste Disposal Act (42 U.S.C. 6939g), including the development, 

operation, maintenance, and upgrading of the hazardous waste 

electronic manifest system established by such section, $3,674,000, 

to remain available until September 30, 2018. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, 

$41,489,000, to remain available until September 30, 2017. 

BUILDINGS AND FACILITIES

For construction, repair, improvement, extension, alteration, 

and purchase of fixed equipment or facilities of, or for use by, 

the Environmental Protection Agency, $42,317,000, to remain available until expended. 

HAZARDOUS SUBSTANCE SUPERFUND

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to carry out the Comprehensive 

Environmental Response, Compensation, and Liability Act of 1980 

(CERCLA), including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 

U.S.C. 9611) $1,088,769,000, to remain available until expended, 

consisting of such sums as are available in the Trust Fund on 

September 30, 2015, as authorized by section 517(a) of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and 

up to $1,088,769,000 as a payment from general revenues to the 

Hazardous Substance Superfund for purposes as authorized by section 517(b) of SARA: Provided, That funds appropriated under 

this heading may be allocated to other Federal agencies in accordance with section 111(a) of CERCLA: Provided further, That of 

the funds appropriated under this heading, $9,939,000 shall be 

paid to the ‘‘Office of Inspector General’’ appropriation to remain 

available until September 30, 2017, and $18,850,000 shall be paid 

to the ‘‘Science and Technology’’ appropriation to remain available 

until September 30, 2017. 

LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM

For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by subtitle I of the Solid 

Waste Disposal Act, $91,941,000, to remain available until 

expended, of which $66,572,000 shall be for carrying out leaking 

underground storage tank cleanup activities authorized by section 

9003(h) of the Solid Waste Disposal Act; $25,369,000 shall be for 

carrying out the other provisions of the Solid Waste Disposal Act 

specified in section 9508(c) of the Internal Revenue Code: Provided, 

That the Administrator is authorized to use appropriations made 

available under this heading to implement section 9013 of the 


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129 STAT. 2554 PUBLIC LAW 114–113—DEC. 18, 2015 

Solid Waste Disposal Act to provide financial assistance to federally 

recognized Indian tribes for the development and implementation 

of programs to manage underground storage tanks. 

INLAND OIL SPILL PROGRAMS

For expenses necessary to carry out the Environmental Protection Agency’s responsibilities under the Oil Pollution Act of 1990, 

$18,209,000, to be derived from the Oil Spill Liability trust fund, 

to remain available until expended. 

STATE AND TRIBAL ASSISTANCE GRANTS

For environmental programs and infrastructure assistance, 

including capitalization grants for State revolving funds and 

performance partnership grants, $3,518,161,000, to remain available until expended, of which— (1) $1,393,887,000 shall be for making capitalization grants 

for the Clean Water State Revolving Funds under title VI 

of the Federal Water Pollution Control Act; and of which 

$863,233,000 shall be for making capitalization grants for the 

Drinking Water State Revolving Funds under section 1452 

of the Safe Drinking Water Act: Provided, That for fiscal year 

2016, to the extent there are sufficient eligible project applications and projects are consistent with State Intended Use Plans, 

not less than 10 percent of the funds made available under 

this title to each State for Clean Water State Revolving Fund 

capitalization grants shall be used by the State for projects 

to address green infrastructure, water or energy efficiency 

improvements, or other environmentally innovative activities: 

Provided further, That for fiscal year 2016, funds made available under this title to each State for Drinking Water State 

Revolving Fund capitalization grants may, at the discretion 

of each State, be used for projects to address green infrastructure, water or energy efficiency improvements, or other environmentally innovative activities: Provided further, That notwithstanding section 603(d)(7) of the Federal Water Pollution Control Act, the limitation on the amounts in a State water pollution control revolving fund that may be used by a State to 

administer the fund shall not apply to amounts included as 

principal in loans made by such fund in fiscal year 2016 and 

prior years where such amounts represent costs of administering the fund to the extent that such amounts are or were 

deemed reasonable by the Administrator, accounted for separately from other assets in the fund, and used for eligible 

purposes of the fund, including administration: Provided further, That for fiscal year 2016, notwithstanding the limitation 

on amounts in section 518(c) of the Federal Water Pollution 

Control Act, up to a total of 2 percent of the funds appropriated, 

or $30,000,000, whichever is greater, and notwithstanding the 

limitation on amounts in section 1452(i) of the Safe Drinking 

Water Act, up to a total of 2 percent of the funds appropriated, 

or $20,000,000, whichever is greater, for State Revolving Funds 

under such Acts may be reserved by the Administrator for 

grants under section 518(c) and section 1452(i) of such Acts: 

Provided further, That for fiscal year 2016, notwithstanding 

the amounts specified in section 205(c) of the Federal Water 

Pollution Control Act, up to 1.5 percent of the aggregate funds 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2555 

appropriated for the Clean Water State Revolving Fund program under the Act less any sums reserved under section 

518(c) of the Act, may be reserved by the Administrator for 

grants made under title II of the Federal Water Pollution 

Control Act for American Samoa, Guam, the Commonwealth 

of the Northern Marianas, and United States Virgin Islands: 

Provided further, That for fiscal year 2016, notwithstanding 

the limitations on amounts specified in section 1452(j) of the 

Safe Drinking Water Act, up to 1.5 percent of the funds appropriated for the Drinking Water State Revolving Fund programs 

under the Safe Drinking Water Act may be reserved by the 

Administrator for grants made under section 1452(j) of the 

Safe Drinking Water Act: Provided further, That 10 percent 

of the funds made available under this title to each State 

for Clean Water State Revolving Fund capitalization grants 

and 20 percent of the funds made available under this title 

to each State for Drinking Water State Revolving Fund capitalization grants shall be used by the State to provide additional 

subsidy to eligible recipients in the form of forgiveness of principal, negative interest loans, or grants (or any combination 

of these), and shall be so used by the State only where such 

funds are provided as initial financing for an eligible recipient 

or to buy, refinance, or restructure the debt obligations of 

eligible recipients only where such debt was incurred on or 

after the date of enactment of this Act; 

(2) $10,000,000 shall be for architectural, engineering, planning, design, construction and related activities in connection 

with the construction of high priority water and wastewater 

facilities in the area of the United States-Mexico Border, after 

consultation with the appropriate border commission; Provided, 

That no funds provided by this appropriations Act to address 

the water, wastewater and other critical infrastructure needs 

of the colonias in the United States along the United StatesMexico border shall be made available to a county or municipal 

government unless that government has established an enforceable local ordinance, or other zoning rule, which prevents in 

that jurisdiction the development or construction of any additional colonia areas, or the development within an existing 

colonia the construction of any new home, business, or other 

structure which lacks water, wastewater, or other necessary 

infrastructure; 

(3) $20,000,000 shall be for grants to the State of Alaska 

to address drinking water and wastewater infrastructure needs 

of rural and Alaska Native Villages: Provided, That of these 

funds: (A) the State of Alaska shall provide a match of 25 

percent; (B) no more than 5 percent of the funds may be 

used for administrative and overhead expenses; and (C) the 

State of Alaska shall make awards consistent with the Statewide priority list established in conjunction with the Agency 

and the U.S. Department of Agriculture for all water, sewer, 

waste disposal, and similar projects carried out by the State 

of Alaska that are funded under section 221 of the Federal 

Water Pollution Control Act (33 U.S.C. 1301) or the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et 

seq.) which shall allocate not less than 25 percent of the funds 

provided for projects in regional hub communities; 


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(4) $80,000,000 shall be to carry out section 104(k) of 

the Comprehensive Environmental Response, Compensation, 

and Liability Act of 1980 (CERCLA), including grants, interagency agreements, and associated program support costs: Provided, That not more than 25 percent of the amount appropriated to carry out section 104(k) of CERCLA shall be used 

for site characterization, assessment, and remediation of facilities described in section 101(39)(D)(ii)(II) of CERCLA; 

(5) $50,000,000 shall be for grants under title VII, subtitle 

G of the Energy Policy Act of 2005; 

(6) $20,000,000 shall be for targeted airshed grants in 

accordance with the terms and conditions of the explanatory 

statement described in section 4 (in the matter preceding division A of this consolidated Act); 

(7) $1,060,041,000 shall be for grants, including associated 

program support costs, to States, federally recognized tribes, 

interstate agencies, tribal consortia, and air pollution control 

agencies for multi-media or single media pollution prevention, 

control and abatement and related activities, including activities pursuant to the provisions set forth under this heading 

in Public Law 104–134, and for making grants under section 

103 of the Clean Air Act for particulate matter monitoring 

and data collection activities subject to terms and conditions 

specified by the Administrator, of which: $47,745,000 shall 

be for carrying out section 128 of CERCLA; $9,646,000 shall 

be for Environmental Information Exchange Network grants, 

including associated program support costs; $1,498,000 shall 

be for grants to States under section 2007(f)(2) of the Solid 

Waste Disposal Act, which shall be in addition to funds appropriated under the heading ‘‘Leaking Underground Storage Tank 

Trust Fund Program’’ to carry out the provisions of the Solid 

Waste Disposal Act specified in section 9508(c) of the Internal 

Revenue Code other than section 9003(h) of the Solid Waste 

Disposal Act; $17,848,000 of the funds available for grants 

under section 106 of the Federal Water Pollution Control Act 

shall be for State participation in national- and State-level 

statistical surveys of water resources and enhancements to 

State monitoring programs: Provided, That for the period of 

fiscal years 2016 through 2020, notwithstanding other 

applicable provisions of law, the funds appropriated for the 

Indian Environmental General Assistance Program shall be 

available to federally recognized tribes for solid waste and 

recovered materials collection, transportation, backhaul, and 

disposal services; and 

(8) $21,000,000 shall be for grants to States and federally 

recognized Indian tribes for implementation of environmental 

programs and projects that complement existing environmental 

program grants, including interagency agreements, as specified 

in the explanatory statement described in section 4 (in the 

matter preceding division A of this consolidated Act). 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2557 

ADMINISTRATIVE PROVISIONS—ENVIRONMENTAL PROTECTION

AGENCY

(INCLUDING TRANSFERS AND RESCISSION OF FUNDS)

For fiscal year 2016, notwithstanding 31 U.S.C. 6303(1) and 

6305(1), the Administrator of the Environmental Protection Agency, 

in carrying out the Agency’s function to implement directly Federal 

environmental programs required or authorized by law in the 

absence of an acceptable tribal program, may award cooperative 

agreements to federally recognized Indian tribes or Intertribal consortia, if authorized by their member tribes, to assist the Administrator in implementing Federal environmental programs for Indian 

tribes required or authorized by law, except that no such cooperative 

agreements may be awarded from funds designated for State financial assistance agreements. 

The Administrator of the Environmental Protection Agency is 

authorized to collect and obligate pesticide registration service fees 

in accordance with section 33 of the Federal Insecticide, Fungicide, 

and Rodenticide Act, as amended by Public Law 112–177, the 

Pesticide Registration Improvement Extension Act of 2012. 

Notwithstanding section 33(d)(2) of the Federal Insecticide, 

Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w–8(d)(2)), 

the Administrator of the Environmental Protection Agency may 

assess fees under section 33 of FIFRA (7 U.S.C. 136w–8) for fiscal 

year 2016. 

The Administrator is authorized to transfer up to $300,000,000 

of the funds appropriated for the Great Lakes Restoration Initiative 

under the heading ‘‘Environmental Programs and Management’’ 

to the head of any Federal department or agency, with the concurrence of such head, to carry out activities that would support 

the Great Lakes Restoration Initiative and Great Lakes Water 

Quality Agreement programs, projects, or activities; to enter into 

an interagency agreement with the head of such Federal department 

or agency to carry out these activities; and to make grants to 

governmental entities, nonprofit organizations, institutions, and 

individuals for planning, research, monitoring, outreach, and 

implementation in furtherance of the Great Lakes Restoration Initiative and the Great Lakes Water Quality Agreement. 

The Science and Technology, Environmental Programs and 

Management, Office of Inspector General, Hazardous Substance 

Superfund, and Leaking Underground Storage Tank Trust Fund 

Program Accounts, are available for the construction, alteration, 

repair, rehabilitation, and renovation of facilities provided that 

the cost does not exceed $150,000 per project. 

For fiscal year 2016, and notwithstanding section 518(f) of 

the Federal Water Pollution Control Act (33 U.S.C. 1377(f)), the 

Administrator is authorized to use the amounts appropriated for 

any fiscal year under section 319 of the Act to make grants to 

federally recognized Indian tribes pursuant to sections 319(h) and 

518(e) of that Act. 

The Administrator is authorized to use the amounts appropriated under the heading ‘‘Environmental Programs and Management’’ for fiscal year 2016 to provide grants to implement the 

Southeastern New England Watershed Restoration Program. 

In addition to the amounts otherwise made available in this 

Act for the Environmental Protection Agency, $27,000,000, to be 


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129 STAT. 2558 PUBLIC LAW 114–113—DEC. 18, 2015 

available until September 30, 2017, to be used solely to meet 

Federal requirements for cybersecurity implementation, including 

enhancing response capabilities and upgrading incident management tools: Provided, That such funds shall supplement, not supplant, any other amounts made available to the Environmental 

Protection Agency for such purpose: Provided further, That solely 

for the purposes provided herein, such funds may be transferred 

to and merged with any other appropriation in this Title. 

Of the unobligated balances available for ‘‘State and Tribal 

Assistance Grants’’ account, $40,000,000 are permanently rescinded: 

Provided, That no amounts may be rescinded from amounts that 

were designated by the Congress as an emergency requirement 

pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985. 

TITLE III 

RELATED AGENCIES 

DEPARTMENT OF AGRICULTURE 

FOREST SERVICE

FOREST AND RANGELAND RESEARCH

For necessary expenses of forest and rangeland research as 

authorized by law, $291,000,000, to remain available until 

expended: Provided, That of the funds provided, $75,000,000 is 

for the forest inventory and analysis program. 

STATE AND PRIVATE FORESTRY

For necessary expenses of cooperating with and providing technical and financial assistance to States, territories, possessions, 

and others, and for forest health management, including treatments 

of pests, pathogens, and invasive or noxious plants and for restoring 

and rehabilitating forests damaged by pests or invasive plants, 

cooperative forestry, and education and land conservation activities 

and conducting an international program as authorized, 

$237,023,000, to remain available until expended, as authorized 

by law; of which $62,347,000 is to be derived from the Land and 

Water Conservation Fund. 

NATIONAL FOREST SYSTEM

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Forest Service, not otherwise 

provided for, for management, protection, improvement, and utilization of the National Forest System, $1,509,364,000, to remain available until expended: Provided, That of the funds provided, 

$40,000,000 shall be deposited in the Collaborative Forest Landscape Restoration Fund for ecological restoration treatments as 

authorized by 16 U.S.C. 7303(f): Provided further, That of the 

funds provided, $359,805,000 shall be for forest products: Provided 

further, That of the funds provided, up to $81,941,000 is for the 

Integrated Resource Restoration pilot program for Region 1, Region 

3 and Region 4: Provided further, That of the funds provided for 


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forest products, up to $65,560,000 may be transferred to support 

the Integrated Resource Restoration pilot program in the preceding 

proviso: Provided further, That the Secretary of Agriculture may 

transfer to the Secretary of the Interior any unobligated funds 

appropriated in a previous fiscal year for operation of the Valles 

Caldera National Preserve. 

CAPITAL IMPROVEMENT AND MAINTENANCE

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Forest Service, not otherwise 

provided for, $364,164,000, to remain available until expended, 

for construction, capital improvement, maintenance and acquisition 

of buildings and other facilities and infrastructure; and for construction, reconstruction, decommissioning of roads that are no longer 

needed, including unauthorized roads that are not part of the 

transportation system, and maintenance of forest roads and trails 

by the Forest Service as authorized by 16 U.S.C. 532–538 and 

23 U.S.C. 101 and 205: Provided, That $40,000,000 shall be designated for urgently needed road decommissioning, road and trail 

repair and maintenance and associated activities, and removal of 

fish passage barriers, especially in areas where Forest Service roads 

may be contributing to water quality problems in streams and 

water bodies which support threatened, endangered, or sensitive 

species or community water sources: Provided further, That funds 

becoming available in fiscal year 2016 under the Act of March 

4, 1913 (16 U.S.C. 501) shall be transferred to the General Fund 

of the Treasury and shall not be available for transfer or obligation 

for any other purpose unless the funds are appropriated: Provided 

further, That of the funds provided for decommissioning of roads, 

up to $14,743,000 may be transferred to the ‘‘National Forest 

System’’ to support the Integrated Resource Restoration pilot program. 

LAND ACQUISITION

For expenses necessary to carry out the provisions of chapter 

2003 of title 54, United States Code, including administrative 

expenses, and for acquisition of land or waters, or interest therein, 

in accordance with statutory authority applicable to the Forest 

Service, $63,435,000, to be derived from the Land and Water Conservation Fund and to remain available until expended. 

ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

For acquisition of lands within the exterior boundaries of the 

Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe 

National Forest, Nevada; and the Angeles, San Bernardino, Sequoia, 

and Cleveland National Forests, California, as authorized by law, 

$950,000, to be derived from forest receipts. 

ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

For acquisition of lands, such sums, to be derived from funds 

deposited by State, county, or municipal governments, public school 

districts, or other public school authorities, and for authorized 

expenditures from funds deposited by non-Federal parties pursuant 


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to Land Sale and Exchange Acts, pursuant to the Act of December 

4, 1967 (16 U.S.C. 484a), to remain available until expended (16 

U.S.C. 516–617a, 555a; Public Law 96–586; Public Law 76–589, 

76–591; and Public Law 78–310). 

RANGE BETTERMENT FUND

For necessary expenses of range rehabilitation, protection, and 

improvement, 50 percent of all moneys received during the prior 

fiscal year, as fees for grazing domestic livestock on lands in 

National Forests in the 16 Western States, pursuant to section 

401(b)(1) of Public Law 94–579, to remain available until expended, 

of which not to exceed 6 percent shall be available for administrative 

expenses associated with on-the-ground range rehabilitation, protection, and improvements. 

GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND

RESEARCH

For expenses authorized by 16 U.S.C. 1643(b), $45,000, to 

remain available until expended, to be derived from the fund established pursuant to the above Act. 

MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES

For necessary expenses of the Forest Service to manage Federal 

lands in Alaska for subsistence uses under title VIII of the Alaska 

National Interest Lands Conservation Act (Public Law 96–487), 

$2,500,000, to remain available until expended. 

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses for forest fire presuppression activities 

on National Forest System lands, for emergency fire suppression 

on or adjacent to such lands or other lands under fire protection 

agreement, hazardous fuels management on or adjacent to such 

lands, emergency rehabilitation of burned-over National Forest 

System lands and water, and for State and volunteer fire assistance, 

$2,386,329,000, to remain available until expended: Provided, That 

such funds including unobligated balances under this heading, are 

available for repayment of advances from other appropriations 

accounts previously transferred for such purposes: Provided further, 

That such funds shall be available to reimburse State and other 

cooperating entities for services provided in response to wildfire 

and other emergencies or disasters to the extent such reimbursements by the Forest Service for non-fire emergencies are fully 

repaid by the responsible emergency management agency: Provided 

further, That, notwithstanding any other provision of law, 

$6,914,000 of funds appropriated under this appropriation shall 

be available for the Forest Service in support of fire science research 

authorized by the Joint Fire Science Program, including all Forest 

Service authorities for the use of funds, such as contracts, grants, 

research joint venture agreements, and cooperative agreements: 

Provided further, That all authorities for the use of funds, including 

the use of contracts, grants, and cooperative agreements, available 

to execute the Forest and Rangeland Research appropriation, are 


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also available in the utilization of these funds for Fire Science 

Research: Provided further, That funds provided shall be available 

for emergency rehabilitation and restoration, hazardous fuels 

management activities, support to Federal emergency response, and 

wildfire suppression activities of the Forest Service: Provided further, That of the funds provided, $375,000,000 is for hazardous 

fuels management activities, $19,795,000 is for research activities 

and to make competitive research grants pursuant to the Forest 

and Rangeland Renewable Resources Research Act, (16 U.S.C. 1641 

et seq.), $78,000,000 is for State fire assistance, and $13,000,000 

is for volunteer fire assistance under section 10 of the Cooperative 

Forestry Assistance Act of 1978 (16 U.S.C. 2106): Provided further, 

That amounts in this paragraph may be transferred to the ‘‘National 

Forest System’’, and ‘‘Forest and Rangeland Research’’ accounts 

to fund forest and rangeland research, the Joint Fire Science Program, vegetation and watershed management, heritage site 

rehabilitation, and wildlife and fish habitat management and restoration: Provided further, That the costs of implementing any 

cooperative agreement between the Federal Government and any 

non-Federal entity may be shared, as mutually agreed on by the 

affected parties: Provided further, That up to $15,000,000 of the 

funds provided herein may be used by the Secretary of Agriculture 

to enter into procurement contracts or cooperative agreements or 

to issue grants for hazardous fuels management activities and 

for training or monitoring associated with such hazardous fuels 

management activities on Federal land or on non-Federal land 

if the Secretary determines such activities benefit resources on 

Federal land: Provided further, That funds made available to implement the Community Forest Restoration Act, Public Law 106– 

393, title VI, shall be available for use on non-Federal lands in 

accordance with authorities made available to the Forest Service 

under the ‘‘State and Private Forestry’’ appropriation: Provided 

further, That the Secretary of the Interior and the Secretary of 

Agriculture may authorize the transfer of funds appropriated for 

wildland fire management, in an aggregate amount not to exceed 

$50,000,000, between the Departments when such transfers would 

facilitate and expedite wildland fire management programs and 

projects: Provided further, That of the funds provided for hazardous 

fuels management, not to exceed $15,000,000 may be used to make 

grants, using any authorities available to the Forest Service under 

the ‘‘State and Private Forestry’’ appropriation, for the purpose 

of creating incentives for increased use of biomass from National 

Forest System lands: Provided further, That funds designated for 

wildfire suppression, including funds transferred from the ‘‘FLAME 

Wildfire Suppression Reserve Fund’’, shall be assessed for cost 

pools on the same basis as such assessments are calculated against 

other agency programs: Provided further, That of the funds for 

hazardous fuels management, up to $24,000,000 may be transferred 

to the ‘‘National Forest System’’ to support the Integrated Resource 

Restoration pilot program. 


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129 STAT. 2562 PUBLIC LAW 114–113—DEC. 18, 2015 

FLAME WILDFIRE SUPPRESSION RESERVE FUND

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses for large fire suppression operations 

of the Department of Agriculture and as a reserve fund for suppression and Federal emergency response activities, $823,000,000, to 

remain available until expended: Provided, That such amounts 

are only available for transfer to the ‘‘Wildland Fire Management’’ 

account following a declaration by the Secretary in accordance 

with section 502 of the FLAME Act of 2009 (43 U.S.C. 1748a). 

ADMINISTRATIVE PROVISIONS, FOREST SERVICE

(INCLUDING TRANSFERS OF FUNDS)

Appropriations to the Forest Service for the current fiscal year 

shall be available for: (1) purchase of passenger motor vehicles; 

acquisition of passenger motor vehicles from excess sources, and 

hire of such vehicles; purchase, lease, operation, maintenance, and 

acquisition of aircraft to maintain the operable fleet for use in 

Forest Service wildland fire programs and other Forest Service 

programs; notwithstanding other provisions of law, existing aircraft 

being replaced may be sold, with proceeds derived or trade-in value 

used to offset the purchase price for the replacement aircraft; (2) 

services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 

for employment under 5 U.S.C. 3109; (3) purchase, erection, and 

alteration of buildings and other public improvements (7 U.S.C. 

2250); (4) acquisition of land, waters, and interests therein pursuant 

to 7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers 

in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, and 

558a note); (6) the cost of uniforms as authorized by 5 U.S.C. 

5901–5902; and (7) for debt collection contracts in accordance with 

31 U.S.C. 3718(c). 

Any appropriations or funds available to the Forest Service 

may be transferred to the Wildland Fire Management appropriation 

for forest firefighting, emergency rehabilitation of burned-over or 

damaged lands or waters under its jurisdiction, and fire preparedness due to severe burning conditions upon the Secretary’s notification of the House and Senate Committees on Appropriations that 

all fire suppression funds appropriated under the headings 

‘‘Wildland Fire Management’’ and ‘‘FLAME Wildfire Suppression 

Reserve Fund’’ will be obligated within 30 days: Provided, That 

all funds used pursuant to this paragraph must be replenished 

by a supplemental appropriation which must be requested as 

promptly as possible. 

Funds appropriated to the Forest Service shall be available 

for assistance to or through the Agency for International Development in connection with forest and rangeland research, technical 

information, and assistance in foreign countries, and shall be available to support forestry and related natural resource activities 

outside the United States and its territories and possessions, 

including technical assistance, education and training, and cooperation with U.S., private, and international organizations. The Forest 

Service, acting for the International Program, may sign direct 

funding agreements with foreign governments and institutions as 

well as other domestic agencies (including the U.S. Agency for 

International Development, the Department of State, and the 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2563 

Millennium Challenge Corporation), U.S. private sector firms, 

institutions and organizations to provide technical assistance and 

training programs overseas on forestry and rangeland management. 

Funds appropriated to the Forest Service shall be available 

for expenditure or transfer to the Department of the Interior, 

Bureau of Land Management, for removal, preparation, and adoption of excess wild horses and burros from National Forest System 

lands, and for the performance of cadastral surveys to designate 

the boundaries of such lands. 

None of the funds made available to the Forest Service in 

this Act or any other Act with respect to any fiscal year shall 

be subject to transfer under the provisions of section 702(b) of 

the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257), 

section 442 of Public Law 106–224 (7 U.S.C. 7772), or section 

10417(b) of Public Law 107–107 (7 U.S.C. 8316(b)). 

None of the funds available to the Forest Service may be 

reprogrammed without the advance approval of the House and 

Senate Committees on Appropriations in accordance with the reprogramming procedures contained in the explanatory statement 

described in section 4 (in the matter preceding division A of this 

consolidated Act). 

Not more than $82,000,000 of funds available to the Forest 

Service shall be transferred to the Working Capital Fund of the 

Department of Agriculture and not more than $14,500,000 of funds 

available to the Forest Service shall be transferred to the Department of Agriculture for Department Reimbursable Programs, commonly referred to as Greenbook charges. Nothing in this paragraph 

shall prohibit or limit the use of reimbursable agreements requested 

by the Forest Service in order to obtain services from the Department of Agriculture’s National Information Technology Center and 

the Department of Agriculture’s International Technology Service. 

Of the funds available to the Forest Service, up to $5,000,000 

shall be available for priority projects within the scope of the 

approved budget, which shall be carried out by the Youth Conservation Corps and shall be carried out under the authority of the 

Public Lands Corps Act of 1993, Public Law 103–82, as amended 

by Public Lands Corps Healthy Forests Restoration Act of 2005, 

Public Law 109–154. 

Of the funds available to the Forest Service, $4,000 is available 

to the Chief of the Forest Service for official reception and representation expenses. 

Pursuant to sections 405(b) and 410(b) of Public Law 101– 

593, of the funds available to the Forest Service, up to $3,000,000 

may be advanced in a lump sum to the National Forest Foundation 

to aid conservation partnership projects in support of the Forest 

Service mission, without regard to when the Foundation incurs 

expenses, for projects on or benefitting National Forest System 

lands or related to Forest Service programs: Provided, That of 

the Federal funds made available to the Foundation, no more than 

$300,000 shall be available for administrative expenses: Provided 

further, That the Foundation shall obtain, by the end of the period 

of Federal financial assistance, private contributions to match on 

at least one-for-one basis funds made available by the Forest 

Service: Provided further, That the Foundation may transfer Federal funds to a Federal or a non-Federal recipient for a project 

at the same rate that the recipient has obtained the non-Federal 

matching funds. 

16 USC 556i. 


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Pursuant to section 2(b)(2) of Public Law 98–244, up to $3,000,000 of the funds available to the Forest Service may be 

advanced to the National Fish and Wildlife Foundation in a lump 

sum to aid cost-share conservation projects, without regard to when 

expenses are incurred, on or benefitting National Forest System 

lands or related to Forest Service programs: Provided, That such 

funds shall be matched on at least a one-for-one basis by the 

Foundation or its sub-recipients: Provided further, That the Foundation may transfer Federal funds to a Federal or non-Federal 

recipient for a project at the same rate that the recipient has 

obtained the non-Federal matching funds. 

Funds appropriated to the Forest Service shall be available 

for interactions with and providing technical assistance to rural 

communities and natural resource-based businesses for sustainable 

rural development purposes. 

Funds appropriated to the Forest Service shall be available 

for payments to counties within the Columbia River Gorge National 

Scenic Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) 

of Public Law 99–663. 

Any funds appropriated to the Forest Service may be used 

to meet the non-Federal share requirement in section 502(c) of 

the Older Americans Act of 1965 (42 U.S.C. 3056(c)(2)). 

Funds available to the Forest Service, not to exceed 

$65,000,000, shall be assessed for the purpose of performing fire, 

administrative and other facilities maintenance and decommissioning. Such assessments shall occur using a square foot rate 

charged on the same basis the agency uses to assess programs 

for payment of rent, utilities, and other support services. 

Notwithstanding any other provision of law, any appropriations 

or funds available to the Forest Service not to exceed $500,000 

may be used to reimburse the Office of the General Counsel (OGC), 

Department of Agriculture, for travel and related expenses incurred 

as a result of OGC assistance or participation requested by the 

Forest Service at meetings, training sessions, management reviews, 

land purchase negotiations and similar nonlitigation-related matters. Future budget justifications for both the Forest Service and 

the Department of Agriculture should clearly display the sums 

previously transferred and the requested funding transfers. 

An eligible individual who is employed in any project funded 

under title V of the Older Americans Act of 1965 (42 U.S.C. 3056 

et seq.) and administered by the Forest Service shall be considered 

to be a Federal employee for purposes of chapter 171 of title 28, 

United States Code. 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

INDIAN HEALTH SERVICE

INDIAN HEALTH SERVICES

For expenses necessary to carry out the Act of August 5, 1954 

(68 Stat. 674), the Indian Self-Determination and Education Assistance Act, the Indian Health Care Improvement Act, and titles 

II and III of the Public Health Service Act with respect to the 

Indian Health Service, $3,566,387,000, together with payments 

received during the fiscal year pursuant to 42 U.S.C. 238(b) and 

238b, for services furnished by the Indian Health Service: Provided, 


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That funds made available to tribes and tribal organizations 

through contracts, grant agreements, or any other agreements or 

compacts authorized by the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 450), shall be deemed 

to be obligated at the time of the grant or contract award and 

thereafter shall remain available to the tribe or tribal organization 

without fiscal year limitation: Provided further, That, $914,139,000 

for Purchased/Referred Care, including $51,500,000 for the Indian 

Catastrophic Health Emergency Fund, shall remain available until 

expended: Provided further, That, of the funds provided, up to 

$36,000,000 shall remain available until expended for implementation of the loan repayment program under section 108 of the Indian 

Health Care Improvement Act: Provided further, That, of the funds 

provided, $2,000,000 shall be used to supplement funds available 

for operational costs at tribal clinics operated under an Indian 

Self-Determination and Education Assistance Act compact or contract where health care is delivered in space acquired through 

a full service lease, which is not eligible for maintenance and 

improvement and equipment funds from the Indian Health Service, 

and $2,000,000 shall be for accreditation emergencies: Provided 

further, That the amounts collected by the Federal Government 

as authorized by sections 104 and 108 of the Indian Health Care 

Improvement Act (25 U.S.C. 1613a and 1616a) during the preceding 

fiscal year for breach of contracts shall be deposited to the Fund 

authorized by section 108A of the Act (25 U.S.C. 1616a–1) and 

shall remain available until expended and, notwithstanding section 

108A(c) of the Act (25 U.S.C. 1616a–1(c)), funds shall be available 

to make new awards under the loan repayment and scholarship 

programs under sections 104 and 108 of the Act (25 U.S.C. 1613a 

and 1616a): Provided further, That, notwithstanding any other 

provision of law, the amounts made available within this account 

for the methamphetamine and suicide prevention and treatment 

initiative, for the domestic violence prevention initiative, to improve 

collections from public and private insurance at Indian Health 

Service and tribally operated facilities, and for accreditation emergencies shall be allocated at the discretion of the Director of the 

Indian Health Service and shall remain available until expended: 

Provided further, That funds provided in this Act may be used 

for annual contracts and grants that fall within 2 fiscal years, 

provided the total obligation is recorded in the year the funds 

are appropriated: Provided further, That the amounts collected by 

the Secretary of Health and Human Services under the authority 

of title IV of the Indian Health Care Improvement Act shall remain 

available until expended for the purpose of achieving compliance 

with the applicable conditions and requirements of titles XVIII 

and XIX of the Social Security Act, except for those related to 

the planning, design, or construction of new facilities: Provided 

further, That funding contained herein for scholarship programs 

under the Indian Health Care Improvement Act (25 U.S.C. 1613) 

shall remain available until expended: Provided further, That 

amounts received by tribes and tribal organizations under title 

IV of the Indian Health Care Improvement Act shall be reported 

and accounted for and available to the receiving tribes and tribal 

organizations until expended: Provided further, That the Bureau 

of Indian Affairs may collect from the Indian Health Service, tribes 

and tribal organizations operating health facilities pursuant to 


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Public Law 93–638, such individually identifiable health information relating to disabled children as may be necessary for the 

purpose of carrying out its functions under the Individuals with 

Disabilities Education Act (20 U.S.C. 1400, et seq.): Provided further, That the Indian Health Care Improvement Fund may be 

used, as needed, to carry out activities typically funded under 

the Indian Health Facilities account. 

CONTRACT SUPPORT COSTS

For payments to tribes and tribal organizations for contract 

support costs associated with Indian Self-Determination and Education Assistance Act agreements with the Indian Health Service 

for fiscal year 2016, such sums as may be necessary: Provided, That amounts obligated but not expended by a tribe or tribal 

organization for contract support costs for such agreements for 

the current fiscal year shall be applied to contract support costs 

otherwise due for such agreements for subsequent fiscal years: 

Provided further, That, notwithstanding any other provision of law, 

no amounts made available under this heading shall be available 

for transfer to another budget account. 

INDIAN HEALTH FACILITIES

For construction, repair, maintenance, improvement, and equipment of health and related auxiliary facilities, including quarters 

for personnel; preparation of plans, specifications, and drawings; 

acquisition of sites, purchase and erection of modular buildings, 

and purchases of trailers; and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7 

of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian SelfDetermination Act, and the Indian Health Care Improvement Act, 

and for expenses necessary to carry out such Acts and titles II 

and III of the Public Health Service Act with respect to environmental health and facilities support activities of the Indian Health 

Service, $523,232,000, to remain available until expended: Provided, 

That, notwithstanding any other provision of law, funds appropriated for the planning, design, construction, renovation or expansion of health facilities for the benefit of an Indian tribe or tribes 

may be used to purchase land on which such facilities will be 

located: Provided further, That not to exceed $500,000 may be 

used by the Indian Health Service to purchase TRANSAM equipment from the Department of Defense for distribution to the Indian 

Health Service and tribal facilities: Provided further, That none 

of the funds appropriated to the Indian Health Service may be 

used for sanitation facilities construction for new homes funded 

with grants by the housing programs of the United States Department of Housing and Urban Development: Provided further, That 

not to exceed $2,700,000 from this account and the ‘‘Indian Health 

Services’’ account may be used by the Indian Health Service to 

obtain ambulances for the Indian Health Service and tribal facilities 

in conjunction with an existing interagency agreement between 

the Indian Health Service and the General Services Administration: 

Provided further, That not to exceed $500,000 may be placed in 

a Demolition Fund, to remain available until expended, and be 

used by the Indian Health Service for the demolition of Federal 

buildings. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2567 

ADMINISTRATIVE PROVISIONS—INDIAN HEALTH SERVICE

Appropriations provided in this Act to the Indian Health Service 

shall be available for services as authorized by 5 U.S.C. 3109 

at rates not to exceed the per diem rate equivalent to the maximum 

rate payable for senior-level positions under 5 U.S.C. 5376; hire 

of passenger motor vehicles and aircraft; purchase of medical equipment; purchase of reprints; purchase, renovation and erection of 

modular buildings and renovation of existing facilities; payments 

for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; uniforms or 

allowances therefor as authorized by 5 U.S.C. 5901–5902; and for 

expenses of attendance at meetings that relate to the functions 

or activities of the Indian Health Service: Provided, That in accordance with the provisions of the Indian Health Care Improvement 

Act, non-Indian patients may be extended health care at all tribally 

administered or Indian Health Service facilities, subject to charges, 

and the proceeds along with funds recovered under the Federal 

Medical Care Recovery Act (42 U.S.C. 2651–2653) shall be credited 

to the account of the facility providing the service and shall be 

available without fiscal year limitation: Provided further, That notwithstanding any other law or regulation, funds transferred from 

the Department of Housing and Urban Development to the Indian 

Health Service shall be administered under Public Law 86–121, 

the Indian Sanitation Facilities Act and Public Law 93–638: Provided further, That funds appropriated to the Indian Health Service 

in this Act, except those used for administrative and program 

direction purposes, shall not be subject to limitations directed at 

curtailing Federal travel and transportation: Provided further, That 

none of the funds made available to the Indian Health Service 

in this Act shall be used for any assessments or charges by the 

Department of Health and Human Services unless identified in 

the budget justification and provided in this Act, or approved by 

the House and Senate Committees on Appropriations through the 

reprogramming process: Provided further, That notwithstanding any 

other provision of law, funds previously or herein made available 

to a tribe or tribal organization through a contract, grant, or agreement authorized by title I or title V of the Indian Self-Determination 

and Education Assistance Act of 1975 (25 U.S.C. 450), may be 

deobligated and reobligated to a self-determination contract under 

title I, or a self-governance agreement under title V of such Act 

and thereafter shall remain available to the tribe or tribal organization without fiscal year limitation: Provided further, That none 

of the funds made available to the Indian Health Service in this 

Act shall be used to implement the final rule published in the 

Federal Register on September 16, 1987, by the Department of 

Health and Human Services, relating to the eligibility for the health 

care services of the Indian Health Service until the Indian Health 

Service has submitted a budget request reflecting the increased 

costs associated with the proposed final rule, and such request 

has been included in an appropriations Act and enacted into law: 

Provided further, That with respect to functions transferred by 

the Indian Health Service to tribes or tribal organizations, the 

Indian Health Service is authorized to provide goods and services 

to those entities on a reimbursable basis, including payments in 

advance with subsequent adjustment, and the reimbursements 

received therefrom, along with the funds received from those entities 


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pursuant to the Indian Self-Determination Act, may be credited 

to the same or subsequent appropriation account from which the 

funds were originally derived, with such amounts to remain available until expended: Provided further, That reimbursements for 

training, technical assistance, or services provided by the Indian 

Health Service will contain total costs, including direct, administrative, and overhead associated with the provision of goods, services, 

or technical assistance: Provided further, That the appropriation 

structure for the Indian Health Service may not be altered without 

advance notification to the House and Senate Committees on Appropriations: Provided further, That the Indian Health Service shall 

develop a strategic plan for the Urban Indian Health program 

in consultation with urban Indians and the National Academy 

of Public Administration, and shall publish such plan not later 

than one year after the date of enactment of this Act. 

NATIONAL INSTITUTES OF HEALTH

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

For necessary expenses for the National Institute of Environmental Health Sciences in carrying out activities set forth in section 

311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9660(a)) and section 

126(g) of the Superfund Amendments and Reauthorization Act of 

1986, $77,349,000. 

AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

For necessary expenses for the Agency for Toxic Substances 

and Disease Registry (ATSDR) in carrying out activities set forth 

in sections 104(i) and 111(c)(4) of the Comprehensive Environmental 

Response, Compensation, and Liability Act of 1980 (CERCLA) and 

section 3019 of the Solid Waste Disposal Act, $74,691,000, of which 

up to $1,000 per eligible employee of the Agency for Toxic Substances and Disease Registry shall remain available until expended 

for Individual Learning Accounts: Provided, That notwithstanding 

any other provision of law, in lieu of performing a health assessment 

under section 104(i)(6) of CERCLA, the Administrator of ATSDR 

may conduct other appropriate health studies, evaluations, or activities, including, without limitation, biomedical testing, clinical 

evaluations, medical monitoring, and referral to accredited 

healthcare providers: Provided further, That in performing any 

such health assessment or health study, evaluation, or activity, 

the Administrator of ATSDR shall not be bound by the deadlines 

in section 104(i)(6)(A) of CERCLA: Provided further, That none 

of the funds appropriated under this heading shall be available 

for ATSDR to issue in excess of 40 toxicological profiles pursuant 

to section 104(i) of CERCLA during fiscal year 2016, and existing 

profiles may be updated as necessary. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2569 

OTHER RELATED AGENCIES 

EXECUTIVE OFFICE OF THE PRESIDENT

COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

ENVIRONMENTAL QUALITY

For necessary expenses to continue functions assigned to the 

Council on Environmental Quality and Office of Environmental 

Quality pursuant to the National Environmental Policy Act of 1969, 

the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not to exceed $750 for official 

reception and representation expenses, $3,000,000: Provided, That 

notwithstanding section 202 of the National Environmental Policy 

Act of 1970, the Council shall consist of one member, appointed 

by the President, by and with the advice and consent of the Senate, 

serving as chairman and exercising all powers, functions, and duties 

of the Council. 

CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

SALARIES AND EXPENSES

For necessary expenses in carrying out activities pursuant to 

section 112(r)(6) of the Clean Air Act, including hire of passenger 

vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C. 

5901–5902, and for services authorized by 5 U.S.C. 3109 but at 

rates for individuals not to exceed the per diem equivalent to 

the maximum rate payable for senior level positions under 5 U.S.C. 

5376, $11,000,000: Provided, That the Chemical Safety and Hazard 

Investigation Board (Board) shall have not more than three career 

Senior Executive Service positions: Provided further, That notwithstanding any other provision of law, the individual appointed to 

the position of Inspector General of the Environmental Protection 

Agency (EPA) shall, by virtue of such appointment, also hold the 

position of Inspector General of the Board: Provided further, That 

notwithstanding any other provision of law, the Inspector General 

of the Board shall utilize personnel of the Office of Inspector General 

of EPA in performing the duties of the Inspector General of the 

Board, and shall not appoint any individuals to positions within 

the Board. 

OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of Navajo and Hopi Indian 

Relocation as authorized by Public Law 93–531, $15,000,000, to 

remain available until expended: Provided, That funds provided 

in this or any other appropriations Act are to be used to relocate 

eligible individuals and groups including evictees from District 6, 

Hopi-partitioned lands residents, those in significantly substandard 

housing, and all others certified as eligible and not included in 

the preceding categories: Provided further, That none of the funds 

contained in this or any other Act may be used by the Office 

of Navajo and Hopi Indian Relocation to evict any single Navajo 

5 USC app. 8G 

note. 


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129 STAT. 2570 PUBLIC LAW 114–113—DEC. 18, 2015 

or Navajo family who, as of November 30, 1985, was physically 

domiciled on the lands partitioned to the Hopi Tribe unless a 

new or replacement home is provided for such household: Provided 

further, That no relocatee will be provided with more than one 

new or replacement home: Provided further, That the Office shall 

relocate any certified eligible relocatees who have selected and 

received an approved homesite on the Navajo reservation or selected 

a replacement residence off the Navajo reservation or on the land 

acquired pursuant to 25 U.S.C. 640d–10: Provided further, That 

$200,000 shall be transferred to the Office of Inspector General 

of the Department of the Interior, to remain available until 

expended, for audits and investigations of the Office of Navajo 

and Hopi Indian Relocation, consistent with the Inspector General 

Act of 1978 (5 U.S.C. App.). 

INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND

ARTS DEVELOPMENT

PAYMENT TO THE INSTITUTE

For payment to the Institute of American Indian and Alaska 

Native Culture and Arts Development, as authorized by title XV 

of Public Law 99–498 (20 U.S.C. 56 part A), $11,619,000, to remain 

available until September 30, 2017. 

SMITHSONIAN INSTITUTION

SALARIES AND EXPENSES

For necessary expenses of the Smithsonian Institution, as 

authorized by law, including research in the fields of art, science, 

and history; development, preservation, and documentation of the 

National Collections; presentation of public exhibits and performances; collection, preparation, dissemination, and exchange of 

information and publications; conduct of education, training, and 

museum assistance programs; maintenance, alteration, operation, 

lease agreements of no more than 30 years, and protection of 

buildings, facilities, and approaches; not to exceed $100,000 for 

services as authorized by 5 U.S.C. 3109; and purchase, rental, 

repair, and cleaning of uniforms for employees, $696,045,000, to 

remain available until September 30, 2017, except as otherwise 

provided herein; of which not to exceed $48,233,000 for the 

instrumentation program, collections acquisition, exhibition reinstallation, the National Museum of African American History 

and Culture, and the repatriation of skeletal remains program 

shall remain available until expended; and including such funds 

as may be necessary to support American overseas research centers: 

Provided, That funds appropriated herein are available for advance 

payments to independent contractors performing research services 

or participating in official Smithsonian presentations. 

FACILITIES CAPITAL

For necessary expenses of repair, revitalization, and alteration 

of facilities owned or occupied by the Smithsonian Institution, by 

contract or otherwise, as authorized by section 2 of the Act of 

August 22, 1949 (63 Stat. 623), and for construction, including 

necessary personnel, $144,198,000, to remain available until 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2571 

expended, of which not to exceed $10,000 shall be for services 

as authorized by 5 U.S.C. 3109. 

NATIONAL GALLERY OF ART

SALARIES AND EXPENSES

For the upkeep and operations of the National Gallery of Art, 

the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March 

24, 1937 (50 Stat. 51), as amended by the public resolution of 

April 13, 1939 (Public Resolution 9, Seventy-sixth Congress), 

including services as authorized by 5 U.S.C. 3109; payment in 

advance when authorized by the treasurer of the Gallery for membership in library, museum, and art associations or societies whose 

publications or services are available to members only, or to members at a price lower than to the general public; purchase, repair, 

and cleaning of uniforms for guards, and uniforms, or allowances 

therefor, for other employees as authorized by law (5 U.S.C. 5901– 

5902); purchase or rental of devices and services for protecting 

buildings and contents thereof, and maintenance, alteration, 

improvement, and repair of buildings, approaches, and grounds; 

and purchase of services for restoration and repair of works of 

art for the National Gallery of Art by contracts made, without 

advertising, with individuals, firms, or organizations at such rates 

or prices and under such terms and conditions as the Gallery 

may deem proper, $124,988,000, to remain available until September 30, 2017, of which not to exceed $3,578,000 for the special 

exhibition program shall remain available until expended. 

REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

For necessary expenses of repair, restoration and renovation 

of buildings, grounds and facilities owned or occupied by the 

National Gallery of Art, by contract or otherwise, for operating 

lease agreements of no more than 10 years, with no extensions 

or renewals beyond the 10 years, that address space needs created 

by the ongoing renovations in the Master Facilities Plan, as authorized, $22,564,000, to remain available until expended: Provided, That contracts awarded for environmental systems, protection systems, and exterior repair or renovation of buildings of the National 

Gallery of Art may be negotiated with selected contractors and 

awarded on the basis of contractor qualifications as well as price. 

JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

OPERATIONS AND MAINTENANCE

For necessary expenses for the operation, maintenance and 

security of the John F. Kennedy Center for the Performing Arts, 

$21,660,000. 

CAPITAL REPAIR AND RESTORATION

For necessary expenses for capital repair and restoration of 

the existing features of the building and site of the John F. Kennedy 

Center for the Performing Arts, $14,740,000, to remain available 

until expended. 


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129 STAT. 2572 PUBLIC LAW 114–113—DEC. 18, 2015 

WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS

SALARIES AND EXPENSES

For expenses necessary in carrying out the provisions of the 

Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including 

hire of passenger vehicles and services as authorized by 5 U.S.C. 

3109, $10,500,000, to remain available until September 30, 2017. 

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

NATIONAL ENDOWMENT FOR THE ARTS

GRANTS AND ADMINISTRATION

For necessary expenses to carry out the National Foundation 

on the Arts and the Humanities Act of 1965, $147,949,000 shall 

be available to the National Endowment for the Arts for the support 

of projects and productions in the arts, including arts education 

and public outreach activities, through assistance to organizations 

and individuals pursuant to section 5 of the Act, for program 

support, and for administering the functions of the Act, to remain 

available until expended. 

NATIONAL ENDOWMENT FOR THE HUMANITIES

GRANTS AND ADMINISTRATION

For necessary expenses to carry out the National Foundation 

on the Arts and the Humanities Act of 1965, $147,942,000 to 

remain available until expended, of which $137,042,000 shall be 

available for support of activities in the humanities, pursuant to 

section 7(c) of the Act and for administering the functions of the 

Act; and $10,900,000 shall be available to carry out the matching 

grants program pursuant to section 10(a)(2) of the Act, including 

$8,500,000 for the purposes of section 7(h): Provided, That appropriations for carrying out section 10(a)(2) shall be available for 

obligation only in such amounts as may be equal to the total 

amounts of gifts, bequests, devises of money, and other property 

accepted by the chairman or by grantees of the National Endowment 

for the Humanities under the provisions of sections 11(a)(2)(B) 

and 11(a)(3)(B) during the current and preceding fiscal years for 

which equal amounts have not previously been appropriated. 

ADMINISTRATIVE PROVISIONS

None of the funds appropriated to the National Foundation 

on the Arts and the Humanities may be used to process any grant 

or contract documents which do not include the text of 18 U.S.C. 

1913: Provided, That none of the funds appropriated to the National 

Foundation on the Arts and the Humanities may be used for official 

reception and representation expenses: Provided further, That funds 

from nonappropriated sources may be used as necessary for official 

reception and representation expenses: Provided further, That the 

Chairperson of the National Endowment for the Arts may approve 

grants of up to $10,000, if in the aggregate the amount of such 

grants does not exceed 5 percent of the sums appropriated for 

grantmaking purposes per year: Provided further, That such small 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2573 

grant actions are taken pursuant to the terms of an expressed 

and direct delegation of authority from the National Council on 

the Arts to the Chairperson. 

COMMISSION OF FINE ARTS

SALARIES AND EXPENSES

For expenses of the Commission of Fine Arts under chapter 

91 of title 40, United States Code, $2,653,000: Provided, That the 

Commission is authorized to charge fees to cover the full costs 

of its publications, and such fees shall be credited to this account 

as an offsetting collection, to remain available until expended without further appropriation: Provided further, That the Commission 

is authorized to accept gifts, including objects, papers, artwork, 

drawings and artifacts, that pertain to the history and design 

of the Nation’s Capital or the history and activities of the Commission of Fine Arts, for the purpose of artistic display, study or 

education. 

NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

For necessary expenses as authorized by Public Law 99–190 

(20 U.S.C. 956a), $2,000,000. 

ADVISORY COUNCIL ON HISTORIC PRESERVATION

SALARIES AND EXPENSES

For necessary expenses of the Advisory Council on Historic Preservation (Public Law 89–665), $6,080,000. 

NATIONAL CAPITAL PLANNING COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the National Capital Planning 

Commission under chapter 87 of title 40, United States Code, 

including services as authorized by 5 U.S.C. 3109, $8,348,000: Provided, That one-quarter of 1 percent of the funds provided under 

this heading may be used for official reception and representational 

expenses associated with hosting international visitors engaged in 

the planning and physical development of world capitals. 

UNITED STATES HOLOCAUST MEMORIAL MUSEUM

HOLOCAUST MEMORIAL MUSEUM

For expenses of the Holocaust Memorial Museum, as authorized by Public Law 106–292 (36 U.S.C. 2301–2310), $54,000,000, of 

which $1,215,000 shall remain available until September 30, 2018, 

for the Museum’s equipment replacement program; and of which 

$2,500,000 for the Museum’s repair and rehabilitation program 

and $1,264,000 for the Museum’s outreach initiatives program shall 

remain available until expended. 


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129 STAT. 2574 PUBLIC LAW 114–113—DEC. 18, 2015 

DWIGHT D. EISENHOWER MEMORIAL COMMISSION

SALARIES AND EXPENSES

For necessary expenses, including the costs of construction 

design, of the Dwight D. Eisenhower Memorial Commission, 

$1,000,000, to remain available until expended. 

TITLE IV 

GENERAL PROVISIONS 

(INCLUDING TRANSFERS OF FUNDS)

RESTRICTION ON USE OF FUNDS

SEC. 401. No part of any appropriation contained in this Act 

shall be available for any activity or the publication or distribution 

of literature that in any way tends to promote public support 

or opposition to any legislative proposal on which Congressional 

action is not complete other than to communicate to Members 

of Congress as described in 18 U.S.C. 1913. 

OBLIGATION OF APPROPRIATIONS

SEC. 402. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

DISCLOSURE OF ADMINISTRATIVE EXPENSES

SEC. 403. The amount and basis of estimated overhead charges, 

deductions, reserves or holdbacks, including working capital fund 

and cost pool charges, from programs, projects, activities and subactivities to support government-wide, departmental, agency, or 

bureau administrative functions or headquarters, regional, or central operations shall be presented in annual budget justifications 

and subject to approval by the Committees on Appropriations of 

the House of Representatives and the Senate. Changes to such 

estimates shall be presented to the Committees on Appropriations 

for approval. 

MINING APPLICATIONS

SEC. 404. (a) LIMITATION OF FUNDS.—None of the funds appropriated or otherwise made available pursuant to this Act shall 

be obligated or expended to accept or process applications for a 

patent for any mining or mill site claim located under the general 

mining laws. 

(b) EXCEPTIONS.—Subsection (a) shall not apply if the Secretary 

of the Interior determines that, for the claim concerned (1) a patent 

application was filed with the Secretary on or before September 

30, 1994; and (2) all requirements established under sections 2325 

and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein 

or lode claims, sections 2329, 2330, 2331, and 2333 of the Revised 

Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 

2337 of the Revised Statutes (30 U.S.C. 42) for mill site claims, 

as the case may be, were fully complied with by the applicant 

by that date. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2575 

(c) REPORT.—On September 30, 2017, the Secretary of the 

Interior shall file with the House and Senate Committees on Appropriations and the Committee on Natural Resources of the House 

and the Committee on Energy and Natural Resources of the Senate 

a report on actions taken by the Department under the plan submitted pursuant to section 314(c) of the Department of the Interior 

and Related Agencies Appropriations Act, 1997 (Public Law 104– 

208). 

(d) MINERAL EXAMINATIONS.—In order to process patent 

applications in a timely and responsible manner, upon the request 

of a patent applicant, the Secretary of the Interior shall allow 

the applicant to fund a qualified third-party contractor to be selected 

by the Director of the Bureau of Land Management to conduct 

a mineral examination of the mining claims or mill sites contained 

in a patent application as set forth in subsection (b). The Bureau 

of Land Management shall have the sole responsibility to choose 

and pay the third-party contractor in accordance with the standard 

procedures employed by the Bureau of Land Management in the 

retention of third-party contractors. 

CONTRACT SUPPORT COSTS, PRIOR YEAR LIMITATION

SEC. 405. Sections 405 and 406 of division F of the Consolidated 

and Further Continuing Appropriations Act, 2015 (Public Law 113– 

235) shall continue in effect in fiscal year 2016. 

CONTRACT SUPPORT COSTS, FISCAL YEAR 2016 LIMITATION

SEC. 406. Amounts provided by this Act for fiscal year 2016 

under the headings ‘‘Department of Health and Human Services, 

Indian Health Service, Contract Support Costs’’ and ‘‘Department 

of the Interior, Bureau of Indian Affairs and Bureau of Indian 

Education, Contract Support Costs’’ are the only amounts available 

for contract support costs arising out of self-determination or selfgovernance contracts, grants, compacts, or annual funding agreements for fiscal year 2016 with the Bureau of Indian Affairs or 

the Indian Health Service: Provided, That such amounts provided 

by this Act are not available for payment of claims for contract 

support costs for prior years, or for repayments of payments for 

settlements or judgments awarding contract support costs for prior 

years. 

FOREST MANAGEMENT PLANS

SEC. 407. The Secretary of Agriculture shall not be considered 

to be in violation of subparagraph 6(f)(5)(A) of the Forest and 

Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 

1604(f)(5)(A)) solely because more than 15 years have passed without revision of the plan for a unit of the National Forest System. 

Nothing in this section exempts the Secretary from any other 

requirement of the Forest and Rangeland Renewable Resources 

Planning Act (16 U.S.C. 1600 et seq.) or any other law: Provided, 

That if the Secretary is not acting expeditiously and in good faith, 

within the funding available, to revise a plan for a unit of the 

National Forest System, this section shall be void with respect 

to such plan and a court of proper jurisdiction may order completion 

of the plan on an accelerated basis. 

16 USC 1604 

note. 


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129 STAT. 2576 PUBLIC LAW 114–113—DEC. 18, 2015 

PROHIBITION WITHIN NATIONAL MONUMENTS

SEC. 408. No funds provided in this Act may be expended 

to conduct preleasing, leasing and related activities under either 

the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer 

Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the 

boundaries of a National Monument established pursuant to the 

Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary 

existed on January 20, 2001, except where such activities are 

allowed under the Presidential proclamation establishing such 

monument. 

LIMITATION ON TAKINGS

SEC. 409. Unless otherwise provided herein, no funds appropriated in this Act for the acquisition of lands or interests in 

lands may be expended for the filing of declarations of taking 

or complaints in condemnation without the approval of the House 

and Senate Committees on Appropriations: Provided, That this 

provision shall not apply to funds appropriated to implement the 

Everglades National Park Protection and Expansion Act of 1989, 

or to funds appropriated for Federal assistance to the State of 

Florida to acquire lands for Everglades restoration purposes. 

TIMBER SALE REQUIREMENTS

SEC. 410. No timber sale in Alaska’s Region 10 shall be advertised if the indicated rate is deficit (defined as the value of the 

timber is not sufficient to cover all logging and stumpage costs 

and provide a normal profit and risk allowance under the Forest 

Service’s appraisal process) when appraised using a residual value 

appraisal. The western red cedar timber from those sales which 

is surplus to the needs of the domestic processors in Alaska, shall 

be made available to domestic processors in the contiguous 48 

United States at prevailing domestic prices. All additional western 

red cedar volume not sold to Alaska or contiguous 48 United States 

domestic processors may be exported to foreign markets at the 

election of the timber sale holder. All Alaska yellow cedar may 

be sold at prevailing export prices at the election of the timber 

sale holder. 

PROHIBITION ON NO-BID CONTRACTS

SEC. 411. None of the funds appropriated or otherwise made 

available by this Act to executive branch agencies may be used 

to enter into any Federal contract unless such contract is entered 

into in accordance with the requirements of Chapter 33 of title 

41, United States Code, or Chapter 137 of title 10, United States 

Code, and the Federal Acquisition Regulation, unless— 

(1) Federal law specifically authorizes a contract to be 

entered into without regard for these requirements, including 

formula grants for States, or federally recognized Indian tribes; 

or 

(2) such contract is authorized by the Indian Self-Determination and Education Assistance Act (Public Law 93–638, 

25 U.S.C. 450 et seq.) or by any other Federal laws that 

specifically authorize a contract within an Indian tribe as 

defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or 


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(3) such contract was awarded prior to the date of enactment of this Act. 

POSTING OF REPORTS

SEC. 412. (a) Any agency receiving funds made available in 

this Act, shall, subject to subsections (b) and (c), post on the public 

website of that agency any report required to be submitted by 

the Congress in this or any other Act, upon the determination 

by the head of the agency that it shall serve the national interest. 

(b) Subsection (a) shall not apply to a report if— 

(1) the public posting of the report compromises national 

security; or 

(2) the report contains proprietary information. 

(c) The head of the agency posting such report shall do so 

only after such report has been made available to the requesting 

Committee or Committees of Congress for no less than 45 days. 

NATIONAL ENDOWMENT FOR THE ARTS GRANT GUIDELINES

SEC. 413. Of the funds provided to the National Endowment 

for the Arts— 

(1) The Chairperson shall only award a grant to an individual if such grant is awarded to such individual for a literature fellowship, National Heritage Fellowship, or American 

Jazz Masters Fellowship. 

(2) The Chairperson shall establish procedures to ensure 

that no funding provided through a grant, except a grant made 

to a State or local arts agency, or regional group, may be 

used to make a grant to any other organization or individual 

to conduct activity independent of the direct grant recipient. 

Nothing in this subsection shall prohibit payments made in 

exchange for goods and services. 

(3) No grant shall be used for seasonal support to a group, 

unless the application is specific to the contents of the season, 

including identified programs or projects. 

NATIONAL ENDOWMENT FOR THE ARTS PROGRAM PRIORITIES

SEC. 414. (a) In providing services or awarding financial assistance under the National Foundation on the Arts and the Humanities Act of 1965 from funds appropriated under this Act, the 

Chairperson of the National Endowment for the Arts shall ensure 

that priority is given to providing services or awarding financial 

assistance for projects, productions, workshops, or programs that 

serve underserved populations. 

(b) In this section: 

(1) The term ‘‘underserved population’’ means a population 

of individuals, including urban minorities, who have historically 

been outside the purview of arts and humanities programs 

due to factors such as a high incidence of income below the 

poverty line or to geographic isolation. 

(2) The term ‘‘poverty line’’ means the poverty line (as 

defined by the Office of Management and Budget, and revised 

annually in accordance with section 673(2) of the Community 

Services Block Grant Act (42 U.S.C. 9902(2))) applicable to 

a family of the size involved. 


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129 STAT. 2578 PUBLIC LAW 114–113—DEC. 18, 2015 

(c) In providing services and awarding financial assistance 

under the National Foundation on the Arts and Humanities Act 

of 1965 with funds appropriated by this Act, the Chairperson of 

the National Endowment for the Arts shall ensure that priority 

is given to providing services or awarding financial assistance for 

projects, productions, workshops, or programs that will encourage 

public knowledge, education, understanding, and appreciation of 

the arts. 

(d) With funds appropriated by this Act to carry out section 

5 of the National Foundation on the Arts and Humanities Act 

of 1965— 

(1) the Chairperson shall establish a grant category for 

projects, productions, workshops, or programs that are of 

national impact or availability or are able to tour several States; 

(2) the Chairperson shall not make grants exceeding 15 

percent, in the aggregate, of such funds to any single State, 

excluding grants made under the authority of paragraph (1); 

(3) the Chairperson shall report to the Congress annually 

and by State, on grants awarded by the Chairperson in each 

grant category under section 5 of such Act; and 

(4) the Chairperson shall encourage the use of grants to 

improve and support community-based music performance and 

education. 

STATUS OF BALANCES OF APPROPRIATIONS

SEC. 415. The Department of the Interior, the Environmental 

Protection Agency, the Forest Service, and the Indian Health 

Service shall provide the Committees on Appropriations of the 

House of Representatives and Senate quarterly reports on the status 

of balances of appropriations including all uncommitted, committed, 

and unobligated funds in each program and activity. 

REPORT ON USE OF CLIMATE CHANGE FUNDS

SEC. 416. Not later than 120 days after the date on which 

the President’s fiscal year 2017 budget request is submitted to 

the Congress, the President shall submit a comprehensive report 

to the Committees on Appropriations of the House of Representatives and the Senate describing in detail all Federal agency funding, 

domestic and international, for climate change programs, projects, 

and activities in fiscal years 2015 and 2016, including an accounting 

of funding by agency with each agency identifying climate change 

programs, projects, and activities and associated costs by line item 

as presented in the President’s Budget Appendix, and including 

citations and linkages where practicable to each strategic plan 

that is driving funding within each climate change program, project, 

and activity listed in the report. 

PROHIBITION ON USE OF FUNDS

SEC. 417. Notwithstanding any other provision of law, none 

of the funds made available in this Act or any other Act may 

be used to promulgate or implement any regulation requiring the 

issuance of permits under title V of the Clean Air Act (42 U.S.C. 

7661 et seq.) for carbon dioxide, nitrous oxide, water vapor, or 

methane emissions resulting from biological processes associated 

with livestock production. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2579 

GREENHOUSE GAS REPORTING RESTRICTIONS

SEC. 418. Notwithstanding any other provision of law, none 

of the funds made available in this or any other Act may be 

used to implement any provision in a rule, if that provision requires 

mandatory reporting of greenhouse gas emissions from manure 

management systems. 

MODIFICATION OF AUTHORITIES

SEC. 419. (a) Section 8162(m)(3) of the Department of Defense 

Appropriations Act, 2000 (40 U.S.C. 8903 note; Public Law 106– 

79) is amended by striking ‘‘September 30, 2015’’ and inserting 

‘‘September 30, 2016’’. 

(b) For fiscal year 2016, the authority provided by the provisos 

under the heading ‘‘Dwight D. Eisenhower Memorial Commission— 

Capital Construction’’ in division E of Public Law 112–74 shall 

not be in effect. 

FUNDING PROHIBITION

SEC. 420. None of the funds made available by this or any 

other Act may be used to regulate the lead content of ammunition, 

ammunition components, or fishing tackle under the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or any other law. 

CONTRACTING AUTHORITIES

SEC. 421. Section 412 of Division E of Public Law 112–74 

is amended by striking ‘‘fiscal year 2015,’’ and inserting ‘‘fiscal 

year 2017,’’. 

CHESAPEAKE BAY INITIATIVE

SEC. 422. Section 502(c) of the Chesapeake Bay Initiative Act 

of 1998 (Public Law 105–312; 16 U.S.C. 461 note) is amended 

by striking ‘‘2015’’ and inserting ‘‘2017’’. 

EXTENSION OF GRAZING PERMITS

SEC. 423. The terms and conditions of section 325 of Public 

Law 108–108 (117 Stat. 1307), regarding grazing permits issued 

by the Forest Service on any lands not subject to administration 

under section 402 of the Federal Lands Policy and Management 

Act (43 U.S.C. 1752), shall remain in effect for fiscal year 2016. 

USE OF AMERICAN IRON AND STEEL

SEC. 424. (a)(1) None of the funds made available by a State 

water pollution control revolving fund as authorized by section 

1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12) shall 

be used for a project for the construction, alteration, maintenance, 

or repair of a public water system or treatment works unless 

all of the iron and steel products used in the project are produced 

in the United States. 

(2) In this section, the term ‘‘iron and steel’’ products means 

the following products made primarily of iron or steel: lined or 

unlined pipes and fittings, manhole covers and other municipal 

castings, hydrants, tanks, flanges, pipe clamps and restraints, 

54 USC 320101 

note. 


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129 STAT. 2580 PUBLIC LAW 114–113—DEC. 18, 2015 

valves, structural steel, reinforced precast concrete, and construction materials. 

(b) Subsection (a) shall not apply in any case or category 

of cases in which the Administrator of the Environmental Protection 

Agency (in this section referred to as the ‘‘Administrator’’) finds 

that— 

(1) applying subsection (a) would be inconsistent with the 

public interest; 

(2) iron and steel products are not produced in the United 

States in sufficient and reasonably available quantities and 

of a satisfactory quality; or 

(3) inclusion of iron and steel products produced in the 

United States will increase the cost of the overall project by 

more than 25 percent. 

(c) If the Administrator receives a request for a waiver under 

this section, the Administrator shall make available to the public 

on an informal basis a copy of the request and information available 

to the Administrator concerning the request, and shall allow for 

informal public input on the request for at least 15 days prior 

to making a finding based on the request. The Administrator shall 

make the request and accompanying information available by electronic means, including on the official public Internet Web site 

of the Environmental Protection Agency. 

(d) This section shall be applied in a manner consistent with 

United States obligations under international agreements. 

(e) The Administrator may retain up to 0.25 percent of the 

funds appropriated in this Act for the Clean and Drinking Water 

State Revolving Funds for carrying out the provisions described 

in subsection (a)(1) for management and oversight of the requirements of this section. 

NOTIFICATION REQUIREMENTS

SEC. 425. (a) DEFINITIONS.—In this section: 

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the 

Administrator of the Environmental Protection Agency. 

(2) AFFECTED STATE.—The term ‘‘affected State’’ means any 

of the Great Lakes States (as defined in section 118(a)(3) of 

the Federal Water Pollution Control Act (33 U.S.C. 1268(a)(3))). 

(3) DISCHARGE.—The term ‘‘discharge’’ means a discharge 

as defined in section 502 of the Federal Water Pollution Control 

Act (33 U.S.C. 1362). 

(4) GREAT LAKES.—The term ‘‘Great Lakes’’ means any 

of the waters as defined in section 118(a)(3) of the Federal 

Water Pollution Control Act (33 U.S.C. 1268(a)(3)). 

(5) TREATMENT WORKS.—The term ‘‘treatment works’’ has 

the meaning given the term in section 212 of the Federal 

Water Pollution Control Act (33 U.S.C. 1292). 

(b) REQUIREMENTS.— 

(1) IN GENERAL.—The Administrator shall work with 

affected States having publicly owned treatment works that 

discharge to the Great Lakes to create public notice requirements for a combined sewer overflow discharge to the Great 

Lakes. 

(2) NOTICE REQUIREMENTS.—The notice requirements 

referred to in paragraph (1) shall provide for— 

(i) the method of the notice; 

33 USC 1268 

note. 


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(ii) the contents of the notice, in accordance with paragraph (3); and 

(iii) requirements for public availability of the notice. 

(3) MINIMUM REQUIREMENTS.— (A) IN GENERAL.—The contents of the notice under 

paragraph (1) shall include— 

(i) the dates and times of the applicable discharge; 

(ii) the volume of the discharge; and 

(iii) a description of any public access areas 

impacted by the discharge. 

(B) CONSISTENCY.—The minimum requirements under 

this paragraph shall be consistent for all affected States. 

(4) ADDITIONAL REQUIREMENTS.—The Administrator shall 

work with the affected States to include— 

(A) follow-up notice requirements that provide a 

description of— 

(i) each applicable discharge; 

(ii) the cause of the discharge; and 

(iii) plans to prevent a reoccurrence of a combined 

sewer overflow discharge to the Great Lakes consistent 

with section 402 of the Federal Water Pollution Control 

Act (33 U.S.C. 1342) or an administrative order or 

consent decree under such Act; and 

(B) annual publication requirements that list each 

treatment works from which the Administrator or the 

affected State receive a follow-up notice. 

(5) TIMING.— 

(A) The notice and publication requirements described 

in this subsection shall be implemented by not later than 

2 years after the date of enactment of this Act. 

(B) The Administrator of the EPA may extend the 

implementation deadline for individual communities if the 

Administrator determines the community needs additional 

time to comply in order to avoid undue economic hardship. 

(6) STATE ACTION.—Nothing in this subsection prohibits 

an affected State from establishing a State notice requirement 

in the event of a discharge that is more stringent than the 

requirements described in this subsection. 

GREAT LAKES RESTORATION INITIATIVE

SEC. 426. Section 118(c) of the Federal Water Pollution Control 

Act (33 U.S.C. 1268(c)) is amended by striking paragraph (7) and 

inserting the following: 

‘‘(7) GREAT LAKES RESTORATION INITIATIVE.— 

‘‘(A) ESTABLISHMENT.—There is established in the 

Agency a Great Lakes Restoration Initiative (referred to 

in this paragraph as the ‘Initiative’) to carry out programs 

and projects for Great Lakes protection and restoration. 

‘‘(B) FOCUS AREAS.—The Initiative shall prioritize programs and projects carried out in coordination with nonFederal partners and programs and projects that address 

priority areas each fiscal year, including— 

‘‘(i) the remediation of toxic substances and areas 

of concern; 

‘‘(ii) the prevention and control of invasive species 

and the impacts of invasive species; 


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‘‘(iii) the protection and restoration of nearshore 

health and the prevention and mitigation of nonpoint 

source pollution; 

‘‘(iv) habitat and wildlife protection and restoration, including wetlands restoration and preservation; 

and 

‘‘(v) accountability, monitoring, evaluation, communication, and partnership activities. 

‘‘(C) PROJECTS.—Under the Initiative, the Agency shall 

collaborate with Federal partners, including the Great 

Lakes Interagency Task Force, to select the best combination of programs and projects for Great Lakes protection 

and restoration using appropriate principles and criteria, 

including whether a program or project provides— 

‘‘(i) the ability to achieve strategic and measurable 

environmental outcomes that implement the Great 

Lakes Action Plan and the Great Lakes Water Quality 

Agreement; 

‘‘(ii) the feasibility of— 

‘‘(I) prompt implementation; 

‘‘(II) timely achievement of results; and 

‘‘(III) resource leveraging; and 

‘‘(iii) the opportunity to improve interagency and 

inter-organizational coordination and collaboration to 

reduce duplication and streamline efforts. 

‘‘(D) IMPLEMENTATION OF PROJECTS.— 

‘‘(i) IN GENERAL.—Subject to subparagraph (G)(ii), 

funds made available to carry out the Initiative shall 

be used to strategically implement— 

‘‘(I) Federal projects; and 

‘‘(II) projects carried out in coordination with 

States, Indian tribes, municipalities, institutions 

of higher education, and other organizations. 

‘‘(ii) TRANSFER OF FUNDS.—With amounts made 

available for the Initiative each fiscal year, the 

Administrator may— 

‘‘(I) transfer not more than the total amount 

appropriated under subparagraph (G)(i) for the 

fiscal year to the head of any Federal department 

or agency, with the concurrence of the department 

or agency head, to carry out activities to support 

the Initiative and the Great Lakes Water Quality 

Agreement; and 

‘‘(II) enter into an interagency agreement with 

the head of any Federal department or agency 

to carry out activities described in subclause (I). 

‘‘(E) SCOPE.— 

‘‘(i) IN GENERAL.—Projects shall be carried out 

under the Initiative on multiple levels, including— 

‘‘(I) Great Lakes-wide; and 

‘‘(II) Great Lakes basin-wide. 

‘‘(ii) LIMITATION.—No funds made available to 

carry out the Initiative may be used for any water 

infrastructure activity (other than a green infrastructure project that improves habitat and other ecosystem 

functions in the Great Lakes) for which amounts are 

made available from— 


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‘‘(I) a State water pollution control revolving 

fund established under title VI; or 

‘‘(II) a State drinking water revolving loan 

fund established under section 1452 of the Safe 

Drinking Water Act (42 U.S.C. 300j–12). 

‘‘(F) ACTIVITIES BY OTHER FEDERAL AGENCIES.—Each 

relevant Federal department or agency shall, to the maximum extent practicable— 

‘‘(i) maintain the base level of funding for the 

Great Lakes activities of that department or agency 

without regard to funding under the Initiative; and 

‘‘(ii) identify new activities and projects to support 

the environmental goals of the Initiative. 

‘‘(G) FUNDING.—There are authorized to be appropriated to carry out this paragraph for fiscal year 2016, 

$300,000,000.’’. 

JOHN F. KENNEDY CENTER REAUTHORIZATION

SEC. 427. Section 13 of the John F. Kennedy Center Act (20 

U.S.C. 76r) is amended by striking subsections (a) and (b) and 

inserting the following: 

‘‘(a) MAINTENANCE, REPAIR, AND SECURITY.—There is authorized to be appropriated to the Board to carry out section 4(a)(1)(H), 

$22,000,000 for fiscal year 2016. 

‘‘(b) CAPITAL PROJECTS.—There is authorized to be appropriated 

to the Board to carry out subparagraphs (F) and (G) of section 

4(a)(1), $15,000,000 for fiscal year 2016.’’. 

This division may be cited as the ‘‘Department of the Interior, 

Environment, and Related Agencies Appropriations Act, 2016’’. 

DIVISION H—DEPARTMENTS OF LABOR, HEALTH AND 

HUMAN SERVICES, AND EDUCATION, AND RELATED 

AGENCIES APPROPRIATIONS ACT, 2016 

TITLE I 

DEPARTMENT OF LABOR 

EMPLOYMENT AND TRAINING ADMINISTRATION

TRAINING AND EMPLOYMENT SERVICES

For necessary expenses of the Workforce Innovation and Opportunity Act (referred to in this Act as ‘‘WIOA’’), the Second Chance 

Act of 2007, the National Apprenticeship Act, and the Women 

in Apprenticeship and Nontraditional Occupations Act of 1992 

(‘‘WANTO Act’’), $3,335,425,000, plus reimbursements, shall be 

available. Of the amounts provided: 

(1) for grants to States for adult employment and training 

activities, youth activities, and dislocated worker employment 

and training activities, $2,709,832,000 as follows: 

(A) $815,556,000 for adult employment and training 

activities, of which $103,556,000 shall be available for the 

period July 1, 2016 through June 30, 2017, and of which 

$712,000,000 shall be available for the period October 1, 

2016 through June 30, 2017; 

Departments of 

Labor, Health 

and Human 

Services, and 

Education, and 

Related Agencies 

Appropriations 

Act, 2016. 

Department of 

Labor 

Appropriations 

Act, 2016. 


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129 STAT. 2584 PUBLIC LAW 114–113—DEC. 18, 2015 

(B) $873,416,000 for youth activities, which shall be 

available for the period April 1, 2016 through June 30, 

2017; and 

(C) $1,020,860,000 for dislocated worker employment 

and training activities, of which $160,860,000 shall be 

available for the period July 1, 2016 through June 30, 

2017, and of which $860,000,000 shall be available for 

the period October 1, 2016 through June 30, 2017: 

Provided, That pursuant to section 128(a)(1) of the WIOA, 

the amount available to the Governor for statewide workforce 

investment activities shall not exceed 15 percent of the amount 

allotted to the State from each of the appropriations under 

the preceding subparagraphs: Provided further, That the funds 

available for allotment to outlying areas to carry out subtitle 

B of title I of the WIOA shall not be subject to the requirements 

of section 127(b)(1)(B)(ii) of such Act; and 

(2) for national programs, $625,593,000 as follows: 

(A) $220,859,000 for the dislocated workers assistance 

national reserve, of which $20,859,000 shall be available 

for the period July 1, 2016 through September 30, 2017, 

and of which $200,000,000 shall be available for the period 

October 1, 2016 through September 30, 2017: Provided, 

That funds provided to carry out section 132(a)(2)(A) of 

the WIOA may be used to provide assistance to a State 

for statewide or local use in order to address cases where 

there have been worker dislocations across multiple sectors 

or across multiple local areas and such workers remain 

dislocated; coordinate the State workforce development 

plan with emerging economic development needs; and train 

such eligible dislocated workers: Provided further, That 

funds provided to carry out sections 168(b) and 169(c) of 

the WIOA may be used for technical assistance and demonstration projects, respectively, that provide assistance 

to new entrants in the workforce and incumbent workers: 

Provided further, That notwithstanding section 168(b) of 

the WIOA, of the funds provided under this subparagraph, 

the Secretary of Labor (referred to in this title as ‘‘Secretary’’) may reserve not more than 10 percent of such 

funds to provide technical assistance and carry out additional activities related to the transition to the WIOA: 

Provided further, That, of the funds provided under this 

subparagraph, $19,000,000 shall be made available for 

applications submitted in accordance with section 170 of 

the WIOA for training and employment assistance for 

workers dislocated from coal mines and coal-fired power 

plants; 

(B) $50,000,000 for Native American programs under 

section 166 of the WIOA, which shall be available for 

the period July 1, 2016 through June 30, 2017; 

(C) $81,896,000 for migrant and seasonal farmworker 

programs under section 167 of the WIOA, including 

$75,885,000 for formula grants (of which not less than 

70 percent shall be for employment and training services), 

$5,517,000 for migrant and seasonal housing (of which 

not less than 70 percent shall be for permanent housing), 

and $494,000 for other discretionary purposes, which shall 

be available for the period July 1, 2016 through June 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2585 

30, 2017: Provided, That notwithstanding any other provision of law or related regulation, the Department of Labor 

shall take no action limiting the number or proportion 

of eligible participants receiving related assistance services 

or discouraging grantees from providing such services; 

(D) $994,000 for carrying out the WANTO Act, which 

shall be available for the period July 1, 2016 through 

June 30, 2017; 

(E) $84,534,000 for YouthBuild activities as described 

in section 171 of the WIOA, which shall be available for 

the period April 1, 2016 through June 30, 2017; 

(F) $3,232,000 for technical assistance activities under 

section 168 of the WIOA, which shall be available for 

the period July 1, 2016 through June 30, 2017; 

(G) $88,078,000 for ex-offender activities, under the 

authority of section 169 of the WIOA and section 212 

of the Second Chance Act of 2007, which shall be available 

for the period April 1, 2016 through June 30, 2017: Provided, That of this amount, $20,000,000 shall be for 

competitive grants to national and regional intermediaries 

for activities that prepare young ex-offenders and school 

dropouts for employment, with a priority for projects 

serving high-crime, high-poverty areas; 

(H) $6,000,000 for the Workforce Data Quality Initiative, under the authority of section 169 of the WIOA, which 

shall be available for the period July 1, 2016 through 

June 30, 2017; and 

(I) $90,000,000 to expand opportunities relating to 

apprenticeship programs registered under the National 

Apprenticeship Act, to be available to the Secretary to 

carry out activities through grants, cooperative agreements, 

contracts and other arrangements, with States and other 

appropriate entities, which shall be available for the period 

April 1, 2016 through June 30, 2017. 

JOB CORPS

(INCLUDING TRANSFER OF FUNDS)

To carry out subtitle C of title I of the WIOA, including Federal 

administrative expenses, the purchase and hire of passenger motor 

vehicles, the construction, alteration, and repairs of buildings and 

other facilities, and the purchase of real property for training centers as authorized by the WIOA, $1,689,155,000, plus reimbursements, as follows: 

(1) $1,581,825,000 for Job Corps Operations, which shall 

be available for the period July 1, 2016 through June 30, 

2017; 

(2) $75,000,000 for construction, rehabilitation and acquisition of Job Corps Centers, which shall be available for the 

period July 1, 2016 through June 30, 2019, and which may 

include the acquisition, maintenance, and repair of major items 

of equipment: Provided, That the Secretary may transfer up 

to 15 percent of such funds to meet the operational needs 

of such centers or to achieve administrative efficiencies: Provided further, That any funds transferred pursuant to the preceding proviso shall not be available for obligation after June 


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129 STAT. 2586 PUBLIC LAW 114–113—DEC. 18, 2015 

30, 2017: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer; and (3) $32,330,000 for necessary expenses of Job Corps, which 

shall be available for obligation for the period October 1, 2015 

through September 30, 2016: 

Provided, That no funds from any other appropriation shall be 

used to provide meal services at or for Job Corps centers. 

COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

To carry out title V of the Older Americans Act of 1965 (referred to in this Act as ‘‘OAA’’), $434,371,000, which shall be available 

for the period July 1, 2016 through June 30, 2017, and may be 

recaptured and reobligated in accordance with section 517(c) of 

the OAA. 

FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

For payments during fiscal year 2016 of trade adjustment benefit payments and allowances under part I of subchapter B of 

chapter 2 of title II of the Trade Act of 1974, and section 246 

of that Act; and for training, employment and case management 

services, allowances for job search and relocation, and related State 

administrative expenses under part II of subchapter B of chapter 

2 of title II of the Trade Act of 1974, and including benefit payments, 

allowances, training, employment and case management services, 

and related State administration provided pursuant to section 

231(a) of the Trade Adjustment Assistance Extension Act of 2011 

and section 405(a) of the Trade Preferences Extension Act of 2015, 

$861,000,000 together with such amounts as may be necessary 

to be charged to the subsequent appropriation for payments for 

any period subsequent to September 15, 2016: Provided, That notwithstanding section 502 of this division, any part of the appropriation provided under this heading may remain available for obligation beyond the current fiscal year pursuant to the authorities 

of section 245(c) of the Trade Act of 1974 (19 U.S.C. 2317(c)). 

STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE

OPERATIONS

For authorized administrative expenses, $89,066,000, together 

with not to exceed $3,480,812,000 which may be expended from 

the Employment Security Administration Account in the Unemployment Trust Fund (‘‘the Trust Fund’’), of which: 

(1) $2,725,550,000 from the Trust Fund is for grants to 

States for the administration of State unemployment insurance 

laws as authorized under title III of the Social Security Act 

(including not less than $95,000,000 to conduct in-person 

reemployment and eligibility assessments and unemployment 

insurance improper payment reviews, and to provide reemployment services and referrals to training as appropriate, for claimants of unemployment insurance for ex-service members under 

5 U.S.C. 8521 et. seq. and for the claimants of regular 

unemployment compensation who are profiled as most likely 

to exhaust their benefits in each State, and $3,000,000 for 

continued support of the Unemployment Insurance Integrity 

Center of Excellence), the administration of unemployment 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2587 

insurance for Federal employees and for ex-service members 

as authorized under 5 U.S.C. 8501–8523, and the administration of trade readjustment allowances, reemployment trade 

adjustment assistance, and alternative trade adjustment assistance under the Trade Act of 1974 and under section 231(a) 

of the Trade Adjustment Assistance Extension Act of 2011 

and section 405(a) of the Trade Preferences Extension Act 

of 2015, and shall be available for obligation by the States 

through December 31, 2016, except that funds used for automation acquisitions shall be available for Federal obligation 

through December 31, 2016, and for State obligation through 

September 30, 2018, or, if the automation acquisition is being 

carried out through consortia of States, for State obligation 

through September 30, 2021, and for expenditure through September 30, 2022, and funds for competitive grants awarded 

to States for improved operations and to conduct in-person 

assessments and reviews and provide reemployment services 

and referrals shall be available for Federal obligation through 

December 31, 2016, and for obligation by the States through 

September 30, 2018, and funds for the Unemployment Insurance Integrity Center of Excellence shall be available for obligation by the State through September 30, 2017, and funds used 

for unemployment insurance workloads experienced by the 

States through September 30, 2016 shall be available for Federal obligation through December 31, 2016; 

(2) $14,547,000 from the Trust Fund is for national activities necessary to support the administration of the FederalState unemployment insurance system; 

(3) $658,587,000 from the Trust Fund, together with 

$21,413,000 from the General Fund of the Treasury, is for 

grants to States in accordance with section 6 of the WagnerPeyser Act, and shall be available for Federal obligation for 

the period July 1, 2016 through June 30, 2017; 

(4) $19,818,000 from the Trust Fund is for national activities of the Employment Service, including administration of 

the work opportunity tax credit under section 51 of the Internal 

Revenue Code of 1986, and the provision of technical assistance 

and staff training under the Wagner-Peyser Act; 

(5) $62,310,000 from the Trust Fund is for the administration of foreign labor certifications and related activities under 

the Immigration and Nationality Act and related laws, of which 

$48,028,000 shall be available for the Federal administration 

of such activities, and $14,282,000 shall be available for grants 

to States for the administration of such activities; and 

(6) $67,653,000 from the General Fund is to provide 

workforce information, national electronic tools, and one-stop 

system building under the Wagner-Peyser Act and shall be 

available for Federal obligation for the period July 1, 2016 

through June 30, 2017: 

Provided, That to the extent that the Average Weekly Insured 

Unemployment (‘‘AWIU’’) for fiscal year 2016 is projected by the 

Department of Labor to exceed 2,680,000, an additional $28,600,000 

from the Trust Fund shall be available for obligation for every 

100,000 increase in the AWIU level (including a pro rata amount 

for any increment less than 100,000) to carry out title III of the 

Social Security Act: Provided further, That funds appropriated in 

this Act that are allotted to a State to carry out activities under 


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129 STAT. 2588 PUBLIC LAW 114–113—DEC. 18, 2015 

title III of the Social Security Act may be used by such State 

to assist other States in carrying out activities under such title 

III if the other States include areas that have suffered a major 

disaster declared by the President under the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act: Provided further, 

That the Secretary may use funds appropriated for grants to States 

under title III of the Social Security Act to make payments on 

behalf of States for the use of the National Directory of New 

Hires under section 453(j)(8) of such Act: Provided further, That 

the Secretary may use funds appropriated for grants to States 

under title III of the Social Security Act to make payments on 

behalf of States to the entity operating the State Information Data 

Exchange System: Provided further, That funds appropriated in 

this Act which are used to establish a national one-stop career 

center system, or which are used to support the national activities 

of the Federal-State unemployment insurance, employment service, 

or immigration programs, may be obligated in contracts, grants, 

or agreements with States and non-State entities: Provided further, 

That States awarded competitive grants for improved operations 

under title III of the Social Security Act, or awarded grants to 

support the national activities of the Federal-State unemployment 

insurance system, may award subgrants to other States under 

such grants, subject to the conditions applicable to the grants: 

Provided further, That funds appropriated under this Act for activities authorized under title III of the Social Security Act and the 

Wagner-Peyser Act may be used by States to fund integrated 

Unemployment Insurance and Employment Service automation 

efforts, notwithstanding cost allocation principles prescribed under 

the Office of Management and Budget Circular A–87: Provided 

further, That the Secretary, at the request of a State participating 

in a consortium with other States, may reallot funds allotted to 

such State under title III of the Social Security Act to other States 

participating in the consortium in order to carry out activities 

that benefit the administration of the unemployment compensation 

law of the State making the request: Provided further, That the 

Secretary may collect fees for the costs associated with additional 

data collection, analyses, and reporting services relating to the 

National Agricultural Workers Survey requested by State and local 

governments, public and private institutions of higher education, 

and nonprofit organizations and may utilize such sums, in accordance with the provisions of 29 U.S.C. 9a, for the National Agricultural Workers Survey infrastructure, methodology, and data to meet 

the information collection and reporting needs of such entities, 

which shall be credited to this appropriation and shall remain 

available until September 30, 2017, for such purposes. 

In addition, $20,000,000 from the Employment Security 

Administration Account of the Unemployment Trust Fund shall 

be available for in-person reemployment and eligibility assessments 

and unemployment insurance improper payment reviews and to 

provide reemployment services and referrals to training as appropriate, which shall be available for Federal obligations through 

December 31, 2016, and for State obligation through September 

30, 2018. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2589 

ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS

For repayable advances to the Unemployment Trust Fund as 

authorized by sections 905(d) and 1203 of the Social Security Act, 

and to the Black Lung Disability Trust Fund as authorized by 

section 9501(c)(1) of the Internal Revenue Code of 1986; and for 

nonrepayable advances to the revolving fund established by section 

901(e) of the Social Security Act, to the Unemployment Trust Fund 

as authorized by 5 U.S.C. 8509, and to the ‘‘Federal Unemployment 

Benefits and Allowances’’ account, such sums as may be necessary, 

which shall be available for obligation through September 30, 2017. 

PROGRAM ADMINISTRATION

For expenses of administering employment and training programs, $104,577,000, together with not to exceed $49,982,000 which 

may be expended from the Employment Security Administration 

Account in the Unemployment Trust Fund. 

EMPLOYEE BENEFITS SECURITY ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Employee Benefits Security 

Administration, $181,000,000. 

PENSION BENEFIT GUARANTY CORPORATION

PENSION BENEFIT GUARANTY CORPORATION FUND

The Pension Benefit Guaranty Corporation (‘‘Corporation’’) is 

authorized to make such expenditures, including financial assistance authorized by subtitle E of title IV of the Employee Retirement 

Income Security Act of 1974, within limits of funds and borrowing 

authority available to the Corporation, and in accord with law, 

and to make such contracts and commitments without regard to 

fiscal year limitations, as provided by 31 U.S.C. 9104, as may 

be necessary in carrying out the program, including associated 

administrative expenses, through September 30, 2016, for the Corporation: Provided, That none of the funds available to the Corporation for fiscal year 2016 shall be available for obligations for 

administrative expenses in excess of $431,799,000: Provided further, 

That to the extent that the number of new plan participants in 

plans terminated by the Corporation exceeds 100,000 in fiscal year 

2016, an amount not to exceed an additional $9,200,000 shall be 

available through September 30, 2017, for obligation for administrative expenses for every 20,000 additional terminated participants: 

Provided further, That obligations in excess of the amounts provided 

in this paragraph may be incurred for unforeseen and extraordinary 

pretermination expenses or extraordinary multiemployer program 

related expenses after approval by the Office of Management and 

Budget and notification of the Committees on Appropriations of 

the House of Representatives and the Senate. 


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129 STAT. 2590 PUBLIC LAW 114–113—DEC. 18, 2015 

WAGE AND HOUR DIVISION

SALARIES AND EXPENSES

For necessary expenses for the Wage and Hour Division, 

including reimbursement to State, Federal, and local agencies and 

their employees for inspection services rendered, $227,500,000. 

OFFICE OF LABOR-MANAGEMENT STANDARDS

SALARIES AND EXPENSES

For necessary expenses for the Office of Labor-Management Standards, $40,593,000. 

OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS

SALARIES AND EXPENSES

For necessary expenses for the Office of Federal Contract 

Compliance Programs, $105,476,000. 

OFFICE OF WORKERS’ COMPENSATION PROGRAMS

SALARIES AND EXPENSES

For necessary expenses for the Office of Workers’ Compensation 

Programs, $113,324,000, together with $2,177,000 which may be 

expended from the Special Fund in accordance with sections 39(c), 

44(d), and 44(j) of the Longshore and Harbor Workers’ Compensation Act. 

SPECIAL BENEFITS

(INCLUDING TRANSFER OF FUNDS)

For the payment of compensation, benefits, and expenses 

(except administrative expenses) accruing during the current or 

any prior fiscal year authorized by 5 U.S.C. 81; continuation of 

benefits as provided for under the heading ‘‘Civilian War Benefits’’ 

in the Federal Security Agency Appropriation Act, 1947; the 

Employees’ Compensation Commission Appropriation Act, 1944; section 5(f) of the War Claims Act (50 U.S.C. App. 2004); obligations 

incurred under the War Hazards Compensation Act (42 U.S.C. 

1701 et seq.); and 50 percent of the additional compensation and 

benefits required by section 10(h) of the Longshore and Harbor 

Workers’ Compensation Act, $210,000,000, together with such 

amounts as may be necessary to be charged to the subsequent 

year appropriation for the payment of compensation and other 

benefits for any period subsequent to August 15 of the current 

year, for deposit into and to assume the attributes of the Employees’ 

Compensation Fund established under 5 U.S.C. 8147(a): Provided, 

That amounts appropriated may be used under 5 U.S.C. 8104 

by the Secretary to reimburse an employer, who is not the employer 

at the time of injury, for portions of the salary of a re-employed, 

disabled beneficiary: Provided further, That balances of reimbursements unobligated on September 30, 2015, shall remain available 

until expended for the payment of compensation, benefits, and 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2591 

expenses: Provided further, That in addition there shall be transferred to this appropriation from the Postal Service and from any 

other corporation or instrumentality required under 5 U.S.C. 8147(c) 

to pay an amount for its fair share of the cost of administration, 

such sums as the Secretary determines to be the cost of administration for employees of such fair share entities through September 

30, 2016: Provided further, That of those funds transferred to this 

account from the fair share entities to pay the cost of administration 

of the Federal Employees’ Compensation Act, $62,170,000 shall 

be made available to the Secretary as follows: 

(1) For enhancement and maintenance of automated data 

processing systems operations and telecommunications systems, 

$21,140,000; 

(2) For automated workload processing operations, 

including document imaging, centralized mail intake, and medical bill processing, $22,968,000; 

(3) For periodic roll disability management and medical review, $16,668,000; 

(4) For program integrity, $1,394,000; and 

(5) The remaining funds shall be paid into the Treasury 

as miscellaneous receipts: 

Provided further, That the Secretary may require that any person 

filing a notice of injury or a claim for benefits under 5 U.S.C. 

81, or the Longshore and Harbor Workers’ Compensation Act, provide as part of such notice and claim, such identifying information 

(including Social Security account number) as such regulations 

may prescribe. 

SPECIAL BENEFITS FOR DISABLED COAL MINERS

For carrying out title IV of the Federal Mine Safety and Health 

Act of 1977, as amended by Public Law 107–275, $69,302,000, 

to remain available until expended. 

For making after July 31 of the current fiscal year, benefit 

payments to individuals under title IV of such Act, for costs incurred 

in the current fiscal year, such amounts as may be necessary. 

For making benefit payments under title IV for the first quarter of fiscal year 2017, $19,000,000, to remain available until expended. 

ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES OCCUPATIONAL

ILLNESS COMPENSATION FUND

For necessary expenses to administer the Energy Employees 

Occupational Illness Compensation Program Act, $58,552,000, to 

remain available until expended: Provided, That the Secretary may 

require that any person filing a claim for benefits under the Act 

provide as part of such claim such identifying information (including 

Social Security account number) as may be prescribed. 

BLACK LUNG DISABILITY TRUST FUND

(INCLUDING TRANSFER OF FUNDS)

Such sums as may be necessary from the Black Lung Disability 

Trust Fund (the ‘‘Fund’’), to remain available until expended, for 

payment of all benefits authorized by section 9501(d)(1), (2), (6), 

and (7) of the Internal Revenue Code of 1986; and repayment 

of, and payment of interest on advances, as authorized by section 

26 USC 9501 

note. 


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129 STAT. 2592 PUBLIC LAW 114–113—DEC. 18, 2015 

9501(d)(4) of that Act. In addition, the following amounts may 

be expended from the Fund for fiscal year 2016 for expenses of 

operation and administration of the Black Lung Benefits program, 

as authorized by section 9501(d)(5): not to exceed $35,244,000 for 

transfer to the Office of Workers’ Compensation Programs, ‘‘Salaries 

and Expenses’’; not to exceed $30,279,000 for transfer to Departmental Management, ‘‘Salaries and Expenses’’; not to exceed 

$327,000 for transfer to Departmental Management, ‘‘Office of 

Inspector General’’; and not to exceed $356,000 for payments into 

miscellaneous receipts for the expenses of the Department of the 

Treasury. 

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Occupational Safety and Health 

Administration, $552,787,000, including not to exceed $100,850,000 

which shall be the maximum amount available for grants to States 

under section 23(g) of the Occupational Safety and Health Act 

(the ‘‘Act’’), which grants shall be no less than 50 percent of the 

costs of State occupational safety and health programs required 

to be incurred under plans approved by the Secretary under section 

18 of the Act; and, in addition, notwithstanding 31 U.S.C. 3302, 

the Occupational Safety and Health Administration may retain 

up to $499,000 per fiscal year of training institute course tuition 

and fees, otherwise authorized by law to be collected, and may 

utilize such sums for occupational safety and health training and 

education: Provided, That notwithstanding 31 U.S.C. 3302, the Secretary is authorized, during the fiscal year ending September 30, 

2016, to collect and retain fees for services provided to Nationally 

Recognized Testing Laboratories, and may utilize such sums, in 

accordance with the provisions of 29 U.S.C. 9a, to administer 

national and international laboratory recognition programs that 

ensure the safety of equipment and products used by workers 

in the workplace: Provided further, That none of the funds appropriated under this paragraph shall be obligated or expended to 

prescribe, issue, administer, or enforce any standard, rule, regulation, or order under the Act which is applicable to any person 

who is engaged in a farming operation which does not maintain 

a temporary labor camp and employs 10 or fewer employees: Provided further, That no funds appropriated under this paragraph 

shall be obligated or expended to administer or enforce any 

standard, rule, regulation, or order under the Act with respect 

to any employer of 10 or fewer employees who is included within 

a category having a Days Away, Restricted, or Transferred (‘‘DART’’) 

occupational injury and illness rate, at the most precise industrial 

classification code for which such data are published, less than 

the national average rate as such rates are most recently published 

by the Secretary, acting through the Bureau of Labor Statistics, 

in accordance with section 24 of the Act, except— 

(1) to provide, as authorized by the Act, consultation, technical assistance, educational and training services, and to conduct surveys and studies; 

(2) to conduct an inspection or investigation in response 

to an employee complaint, to issue a citation for violations 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2593 

found during such inspection, and to assess a penalty for violations which are not corrected within a reasonable abatement 

period and for any willful violations found; 

(3) to take any action authorized by the Act with respect 

to imminent dangers; 

(4) to take any action authorized by the Act with respect 

to health hazards; 

(5) to take any action authorized by the Act with respect 

to a report of an employment accident which is fatal to one 

or more employees or which results in hospitalization of two 

or more employees, and to take any action pursuant to such 

investigation authorized by the Act; and 

(6) to take any action authorized by the Act with respect 

to complaints of discrimination against employees for exercising 

rights under the Act: 

Provided further, That the foregoing proviso shall not apply to 

any person who is engaged in a farming operation which does 

not maintain a temporary labor camp and employs 10 or fewer 

employees: Provided further, That $10,537,000 shall be available 

for Susan Harwood training grants. 

MINE SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Mine Safety and Health 

Administration, $375,887,000, including purchase and bestowal of 

certificates and trophies in connection with mine rescue and firstaid work, and the hire of passenger motor vehicles, including up 

to $2,000,000 for mine rescue and recovery activities and not less 

than $8,441,000 for State assistance grants: Provided, That notwithstanding 31 U.S.C. 3302, not to exceed $750,000 may be collected 

by the National Mine Health and Safety Academy for room, board, 

tuition, and the sale of training materials, otherwise authorized 

by law to be collected, to be available for mine safety and health 

education and training activities: Provided further, That notwithstanding 31 U.S.C. 3302, the Mine Safety and Health Administration is authorized to collect and retain up to $2,499,000 from fees 

collected for the approval and certification of equipment, materials, 

and explosives for use in mines, and may utilize such sums for 

such activities: Provided further, That the Secretary is authorized 

to accept lands, buildings, equipment, and other contributions from 

public and private sources and to prosecute projects in cooperation 

with other agencies, Federal, State, or private: Provided further, 

That the Mine Safety and Health Administration is authorized 

to promote health and safety education and training in the mining 

community through cooperative programs with States, industry, 

and safety associations: Provided further, That the Secretary is 

authorized to recognize the Joseph A. Holmes Safety Association 

as a principal safety association and, notwithstanding any other 

provision of law, may provide funds and, with or without reimbursement, personnel, including service of Mine Safety and Health 

Administration officials as officers in local chapters or in the 

national organization: Provided further, That any funds available 

to the Department of Labor may be used, with the approval of 

the Secretary, to provide for the costs of mine rescue and survival 

operations in the event of a major disaster. 

30 USC 962 note. 

30 USC 966 note. 


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129 STAT. 2594 PUBLIC LAW 114–113—DEC. 18, 2015 

BUREAU OF LABOR STATISTICS

SALARIES AND EXPENSES

For necessary expenses for the Bureau of Labor Statistics, 

including advances or reimbursements to State, Federal, and local 

agencies and their employees for services rendered, $544,000,000, 

together with not to exceed $65,000,000 which may be expended 

from the Employment Security Administration account in the 

Unemployment Trust Fund. 

OFFICE OF DISABILITY EMPLOYMENT POLICY

SALARIES AND EXPENSES

For necessary expenses for the Office of Disability Employment 

Policy to provide leadership, develop policy and initiatives, and 

award grants furthering the objective of eliminating barriers to 

the training and employment of people with disabilities, 

$38,203,000. 

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for Departmental Management, 

including the hire of three passenger motor vehicles, $334,065,000, 

together with not to exceed $308,000, which may be expended 

from the Employment Security Administration account in the 

Unemployment Trust Fund: Provided, That $59,825,000 for the 

Bureau of International Labor Affairs shall be available for obligation through December 31, 2016: Provided further, That funds available to the Bureau of International Labor Affairs may be used 

to administer or operate international labor activities, bilateral 

and multilateral technical assistance, and microfinance programs, 

by or through contracts, grants, subgrants and other arrangements: 

Provided further, That not more than $53,825,000 shall be for 

programs to combat exploitative child labor internationally and 

not less than $6,000,000 shall be used to implement model programs 

that address worker rights issues through technical assistance in 

countries with which the United States has free trade agreements 

or trade preference programs: Provided further, That $8,040,000 

shall be used for program evaluation and shall be available for 

obligation through September 30, 2017: Provided further, That 

funds available for program evaluation may be used to administer 

grants for the purpose of evaluation: Provided further, That grants 

made for the purpose of evaluation shall be awarded through fair 

and open competition: Provided further, That funds available for 

program evaluation may be transferred to any other appropriate 

account in the Department for such purpose: Provided further, 

That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance 

of any transfer: Provided further, That the funds available to the 

Women’s Bureau may be used for grants to serve and promote 

the interests of women in the workforce. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2595 

VETERANS EMPLOYMENT AND TRAINING

Not to exceed $233,001,000 may be derived from the Employment Security Administration account in the Unemployment Trust 

Fund to carry out the provisions of chapters 41, 42, and 43 of 

title 38, United States Code, of which: 

(1) $175,000,000 is for Jobs for Veterans State grants under 

38 U.S.C. 4102A(b)(5) to support disabled veterans’ outreach 

program specialists under section 4103A of such title and local 

veterans’ employment representatives under section 4104(b) 

of such title, and for the expenses described in section 

4102A(b)(5)(C), which shall be available for obligation by the 

States through December 31, 2016, and not to exceed 3 percent 

for the necessary Federal expenditures for data systems and 

contract support to allow for the tracking of participant and 

performance information: Provided, That, in addition, such 

funds may be used to support such specialists and representatives in the provision of services to transitioning members 

of the Armed Forces who have participated in the Transition 

Assistance Program and have been identified as in need of 

intensive services, to members of the Armed Forces who are 

wounded, ill, or injured and receiving treatment in military 

treatment facilities or warrior transition units, and to the 

spouses or other family caregivers of such wounded, ill, or 

injured members; (2) $14,100,000 is for carrying out the Transition Assistance 

Program under 38 U.S.C. 4113 and 10 U.S.C. 1144; (3) $40,487,000 is for Federal administration of chapters 

41, 42, and 43 of title 38, United States Code; and 

(4) $3,414,000 is for the National Veterans’ Employment 

and Training Services Institute under 38 U.S.C. 4109: 

Provided, That the Secretary may reallocate among the appropriations provided under paragraphs (1) through (4) above an amount 

not to exceed 3 percent of the appropriation from which such reallocation is made. 

In addition, from the General Fund of the Treasury, 

$38,109,000 is for carrying out programs to assist homeless veterans 

and veterans at risk of homelessness who are transitioning from 

certain institutions under sections 2021, 2021A, and 2023 of title 

38, United States Code: Provided, That notwithstanding subsections 

(c)(3) and (d) of section 2023, the Secretary may award grants 

through September 30, 2016, to provide services under such section: 

Provided further, That services provided under section 2023 may 

include, in addition to services to the individuals described in subsection (e) of such section, services to veterans recently released 

from incarceration who are at risk of homelessness. 

IT MODERNIZATION

For necessary expenses for Department of Labor centralized 

infrastructure technology investment activities related to support 

systems and modernization, $29,778,000. 

OFFICE OF INSPECTOR GENERAL

For salaries and expenses of the Office of Inspector General 

in carrying out the provisions of the Inspector General Act of 

1978, $80,640,000, together with not to exceed $5,660,000 which 


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129 STAT. 2596 PUBLIC LAW 114–113—DEC. 18, 2015 

may be expended from the Employment Security Administration 

account in the Unemployment Trust Fund. 

GENERAL PROVISIONS

SEC. 101. None of the funds appropriated by this Act for the 

Job Corps shall be used to pay the salary and bonuses of an 

individual, either as direct costs or any proration as an indirect 

cost, at a rate in excess of Executive Level II. 

(TRANSFER OF FUNDS)

SEC. 102. Not to exceed 1 percent of any discretionary funds 

(pursuant to the Balanced Budget and Emergency Deficit Control 

Act of 1985) which are appropriated for the current fiscal year 

for the Department of Labor in this Act may be transferred between 

a program, project, or activity, but no such program, project, or 

activity shall be increased by more than 3 percent by any such 

transfer: Provided, That the transfer authority granted by this 

section shall not be used to create any new program or to fund 

any project or activity for which no funds are provided in this 

Act: Provided further, That the Committees on Appropriations of 

the House of Representatives and the Senate are notified at least 

15 days in advance of any transfer. 

SEC. 103. In accordance with Executive Order 13126, none 

of the funds appropriated or otherwise made available pursuant 

to this Act shall be obligated or expended for the procurement 

of goods mined, produced, manufactured, or harvested or services 

rendered, in whole or in part, by forced or indentured child labor 

in industries and host countries already identified by the United 

States Department of Labor prior to enactment of this Act. 

SEC. 104. Except as otherwise provided in this section, none 

of the funds made available to the Department of Labor for grants 

under section 414(c) of the American Competitiveness and 

Workforce Improvement Act of 1998 (29 U.S.C. 2916a) may be 

used for any purpose other than competitive grants for training 

individuals who are older than 16 years of age and are not currently 

enrolled in school within a local educational agency in the occupations and industries for which employers are using H–1B visas 

to hire foreign workers, and the related activities necessary to 

support such training: Provided, That up to $13,000,000 of such 

funds shall be available for obligation through September 30, 2017 

to process permanent foreign labor certifications under section 

212(a)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 

1182(a)(5)(A)): Provided further, That the funding limitation under 

this section shall not apply to funding provided pursuant to solicitations for grant applications issued before January 15, 2014. 

SEC. 105. None of the funds made available by this Act under 

the heading ‘‘Employment and Training Administration’’ shall be 

used by a recipient or subrecipient of such funds to pay the salary 

and bonuses of an individual, either as direct costs or indirect 

costs, at a rate in excess of Executive Level II. This limitation 

shall not apply to vendors providing goods and services as defined 

in Office of Management and Budget Circular A–133. Where States 

are recipients of such funds, States may establish a lower limit 

for salaries and bonuses of those receiving salaries and bonuses 

from subrecipients of such funds, taking into account factors 

including the relative cost-of-living in the State, the compensation 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2597 

levels for comparable State or local government employees, and 

the size of the organizations that administer Federal programs 

involved including Employment and Training Administration programs. 

(TRANSFER OF FUNDS)

SEC. 106. Notwithstanding section 102, the Secretary may 

transfer funds made available to the Employment and Training 

Administration by this Act, either directly or through a set-aside, 

for technical assistance services to grantees to ‘‘Program Administration’’ when it is determined that those services will be more 

efficiently performed by Federal employees: Provided, That this 

section shall not apply to section 171 of the WIOA. 

(TRANSFER OF FUNDS)

SEC. 107. (a) The Secretary may reserve not more than 0.75 

percent from each appropriation made available in this Act identified in subsection (b) in order to carry out evaluations of any 

of the programs or activities that are funded under such accounts. 

Any funds reserved under this section shall be transferred to 

‘‘Departmental Management’’ for use by the Office of the Chief 

Evaluation Officer within the Department of Labor, and shall be 

available for obligation through September 30, 2017: Provided, That 

such funds shall only be available if the Chief Evaluation Officer 

of the Department of Labor submits a plan to the Committees 

on Appropriations of the House of Representatives and the Senate 

describing the evaluations to be carried out 15 days in advance 

of any transfer. 

(b) The accounts referred to in subsection (a) are: ‘‘Training 

and Employment Services’’, ‘‘Job Corps’’, ‘‘Community Service 

Employment for Older Americans’’, ‘‘State Unemployment Insurance 

and Employment Service Operations’’, ‘‘Employee Benefits Security 

Administration’’, ‘‘Office of Workers’ Compensation Programs’’, 

‘‘Wage and Hour Division’’, ‘‘Office of Federal Contract Compliance 

Programs’’, ‘‘Office of Labor Management Standards’’, ‘‘Occupational 

Safety and Health Administration’’, ‘‘Mine Safety and Health 

Administration’’, ‘‘Office of Disability Employment Policy’’, funding 

made available to the ‘‘Bureau of International Labor Affairs’’ and 

‘‘Women’s Bureau’’ within the ‘‘Departmental Management, Salaries 

and Expenses’’ account, and ‘‘Veterans Employment and Training’’. 

SEC. 108. (a) Section 7 of the Fair Labor Standards Act of 

1938 (29 U.S.C. 207) shall be applied as if the following text 

is part of such section: 

‘‘(s)(1) The provisions of this section shall not apply for a 

period of 2 years after the occurrence of a major disaster to any 

employee— 

‘‘(A) employed to adjust or evaluate claims resulting from 

or relating to such major disaster, by an employer not engaged, 

directly or through an affiliate, in underwriting, selling, or 

marketing property, casualty, or liability insurance policies or 

contracts; 

‘‘(B) who receives from such employer on average weekly compensation of not less than $591.00 per week or any minimum weekly amount established by the Secretary, whichever 

is greater, for the number of weeks such employee is engaged 

in any of the activities described in subparagraph (C); and 


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129 STAT. 2598 PUBLIC LAW 114–113—DEC. 18, 2015 

‘‘(C) whose duties include any of the following: 

‘‘(i) interviewing insured individuals, individuals who 

suffered injuries or other damages or losses arising from 

or relating to a disaster, witnesses, or physicians; 

‘‘(ii) inspecting property damage or reviewing factual 

information to prepare damage estimates; 

‘‘(iii) evaluating and making recommendations 

regarding coverage or compensability of claims or determining liability or value aspects of claims; 

‘‘(iv) negotiating settlements; or 

‘‘(v) making recommendations regarding litigation. 

‘‘(2) The exemption in this subsection shall not affect the exemption provided by section 13(a)(1). 

‘‘(3) For purposes of this subsection— 

‘‘(A) the term ‘major disaster’ means any disaster or catastrophe declared or designated by any State or Federal agency 

or department; 

‘‘(B) the term ‘employee employed to adjust or evaluate 

claims resulting from or relating to such major disaster’ means 

an individual who timely secured or secures a license required 

by applicable law to engage in and perform the activities 

described in clauses (i) through (v) of paragraph (1)(C) relating 

to a major disaster, and is employed by an employer that 

maintains worker compensation insurance coverage or protection for its employees, if required by applicable law, and withholds applicable Federal, State, and local income and payroll 

taxes from the wages, salaries and any benefits of such 

employees; and 

‘‘(C) the term ‘affiliate’ means a company that, by reason 

of ownership or control of 25 percent or more of the outstanding 

shares of any class of voting securities of one or more companies, directly or indirectly, controls, is controlled by, or is under 

common control with, another company.’’. 

(b) This section shall be effective on the date of enactment 

of this Act. 

SEC. 109. Notwithstanding any other provision of law, beginning October 1, 2015, the Secretary of Labor, in consultation with 

the Secretary of Agriculture may select an entity to operate a 

Civilian Conservation Center on a competitive basis in accordance 

with section 147 of the WIOA, if the Secretary of Labor determines 

such Center has had consistently low performance under the 

performance accountability system in effect for the Job Corps program prior to July 1, 2016, or with respect to expected levels 

of performance established under section 159(c) of such Act beginning July 1, 2016. 

SEC. 110. None of the funds made available by this Act may 

be used to implement, administer, or enforce the Establishing a 

Minimum Wage for Contractors regulation published by the Department of Labor in the Federal Register on October 7, 2014 (79 

Fed. Reg. 60634 et seq.), with respect to Federal contracts, permits, 

or other contract-like instruments entered into with the Federal 

Government in connection with Federal property or lands, specifically related to offering seasonal recreational services or seasonal 

recreation equipment rental for the general public: Provided, That 

this section shall not apply to lodging and food services associated 

with seasonal recreation services. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2599 

SEC. 111. (a) FLEXIBILITY WITH RESPECT TO THE CROSSING

OF H–2B NONIMMIGRANTS WORKING IN THE SEAFOOD INDUSTRY.— 

(1) IN GENERAL.—Subject to paragraph (2), if a petition 

for H–2B nonimmigrants filed by an employer in the seafood 

industry is granted, the employer may bring the nonimmigrants 

described in the petition into the United States at any time 

during the 120-day period beginning on the start date for 

which the employer is seeking the services of the nonimmigrants without filing another petition. 

(2) REQUIREMENTS FOR CROSSINGS AFTER 90TH DAY.—An 

employer in the seafood industry may not bring H–2B nonimmigrants into the United States after the date that is 90 

days after the start date for which the employer is seeking 

the services of the nonimmigrants unless the employer— 

(A) completes a new assessment of the local labor 

market by— 

(i) listing job orders in local newspapers on 2 separate Sundays; and 

(ii) posting the job opportunity on the appropriate 

Department of Labor Electronic Job Registry and at 

the employer’s place of employment; and 

(B) offers the job to an equally or better qualified 

United States worker who— 

(i) applies for the job; and 

(ii) will be available at the time and place of need. 

(3) EXEMPTION FROM RULES WITH RESPECT TO STAGGERING.—The Secretary of Labor shall not consider an employer 

in the seafood industry who brings H–2B nonimmigrants into 

the United States during the 120-day period specified in paragraph (1) to be staggering the date of need in violation of 

section 655.20(d) of title 20, Code of Federal Regulations, or 

any other applicable provision of law. 

(b) H–2B NONIMMIGRANTS DEFINED.—In this section, the term 

‘‘H–2B nonimmigrants’’ means aliens admitted to the United States 

pursuant to section 101(a)(15)(H)(ii)(B) of the Immigration and 

Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(B)). 

SEC. 112. The determination of prevailing wage for the purposes 

of the H–2B program shall be the greater of—(1) the actual wage 

level paid by the employer to other employees with similar experience and qualifications for such position in the same location; 

or (2) the prevailing wage level for the occupational classification 

of the position in the geographic area in which the H–2B nonimmigrant will be employed, based on the best information available 

at the time of filing the petition. In the determination of prevailing 

wage for the purposes of the H–2B program, the Secretary shall 

accept private wage surveys even in instances where Occupational 

Employment Statistics survey data are available unless the Secretary determines that the methodology and data in the provided 

survey are not statistically supported. 

SEC. 113. None of the funds in this Act shall be used to 

enforce the definition of corresponding employment found in 20 

CFR 655.5 or the three-fourths guarantee rule definition found 

in 20 CFR 655.20, or any references thereto. Further, for the 

purpose of regulating admission of temporary workers under the 

H–2B program, the definition of temporary need shall be that 

provided in 8 CFR 214.2(h)(6)(ii)(B). 


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129 STAT. 2600 PUBLIC LAW 114–113—DEC. 18, 2015 

SEC. 114. None of the funds in this Act shall be used to 

implement 20 CFR 655.70 and 20 CFR 655.71. 

This title may be cited as the ‘‘Department of Labor Appropriations Act, 2016’’. 

TITLE II 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

HEALTH RESOURCES AND SERVICES ADMINISTRATION

PRIMARY HEALTH CARE

For carrying out titles II and III of the Public Health Service 

Act (referred to in this Act as the ‘‘PHS Act’’) with respect to 

primary health care and the Native Hawaiian Health Care Act 

of 1988, $1,491,522,000 (in addition to the $3,600,000,000 previously 

appropriated to the Community Health Center Fund for fiscal year 

2016): Provided, That no more than $100,000 shall be available 

until expended for carrying out the provisions of section 224(o) 

of the PHS Act: Provided further, That no more than $99,893,000 

shall be available until expended for carrying out the provisions 

of Public Law 104–73 and for expenses incurred by the Department 

of Health and Human Services (referred to in this Act as ‘‘HHS’’) 

pertaining to administrative claims made under such law: Provided 

further, That of funds provided for the Health Centers program, 

as defined by section 330 of the PHS Act, by this Act or any 

other Act for fiscal year 2016, not less than $200,000,000 shall 

be obligated in fiscal year 2016 to support new access points, 

grants to expand medical services, behavioral health, oral health, 

pharmacy, or vision services, and not less than $150,000,000 shall 

be obligated in fiscal year 2016 for construction and capital improvement costs: Provided further, That the time limitation in section 

330(e)(3) of the PHS Act shall not apply in fiscal year 2016. 

HEALTH WORKFORCE

For carrying out titles III, VII, and VIII of the PHS Act with 

respect to the health workforce, section 1128E of the Social Security 

Act, and the Health Care Quality Improvement Act of 1986, 

$786,895,000: Provided, That sections 747(c)(2), 751(j)(2), 762(k), 

and the proportional funding amounts in paragraphs (1) through 

(4) of section 756(e) of the PHS Act shall not apply to funds 

made available under this heading: Provided further, That for any 

program operating under section 751 of the PHS Act on or before 

January 1, 2009, the Secretary of Health and Human Services 

(referred to in this title as the ‘‘Secretary’’) may hereafter waive 

any of the requirements contained in sections 751(d)(2)(A) and 

751(d)(2)(B) of such Act for the full project period of a grant under 

such section: Provided further, That no funds shall be available 

for section 340G–1 of the PHS Act: Provided further, That fees 

collected for the disclosure of information under section 427(b) 

of the Health Care Quality Improvement Act of 1986 and sections 

1128E(d)(2) and 1921 of the Social Security Act shall be sufficient 

to recover the full costs of operating the programs authorized by 

such sections and shall remain available until expended for the 

National Practitioner Data Bank: Provided further, That funds 

transferred to this account to carry out section 846 and subpart 

42 USC 294a 

note. 

Department of 

Health and 

Human Services 

Appropriations 

Act, 2016. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2601 

3 of part D of title III of the PHS Act may be used to make 

prior year adjustments to awards made under such sections. 

MATERNAL AND CHILD HEALTH

For carrying out titles III, XI, XII, and XIX of the PHS Act 

with respect to maternal and child health, title V of the Social 

Security Act, and section 712 of the American Jobs Creation Act 

of 2004, $845,117,000: Provided, That notwithstanding sections 

502(a)(1) and 502(b)(1) of the Social Security Act, not more than 

$77,093,000 shall be available for carrying out special projects 

of regional and national significance pursuant to section 501(a)(2) 

of such Act and $10,276,000 shall be available for projects described 

in subparagraphs (A) through (F) of section 501(a)(3) of such Act. 

RYAN WHITE HIV/AIDS PROGRAM

For carrying out title XXVI of the PHS Act with respect to 

the Ryan White HIV/AIDS program, $2,322,781,000, of which 

$1,970,881,000 shall remain available to the Secretary through 

September 30, 2018, for parts A and B of title XXVI of the PHS 

Act, and of which not less than $900,313,000 shall be for State 

AIDS Drug Assistance Programs under the authority of section 

2616 or 311(c) of such Act. 

HEALTH CARE SYSTEMS

For carrying out titles III and XII of the PHS Act with respect 

to health care systems, and the Stem Cell Therapeutic and Research 

Act of 2005, $103,193,000, of which $122,000 shall be available 

until expended for facilities renovations at the Gillis W. Long 

Hansen’s Disease Center. 

RURAL HEALTH

For carrying out titles III and IV of the PHS Act with respect 

to rural health, section 427(a) of the Federal Coal Mine Health 

and Safety Act of 1969, and sections 711 and 1820 of the Social 

Security Act, $149,571,000, of which $41,609,000 from general revenues, notwithstanding section 1820(j) of the Social Security Act, 

shall be available for carrying out the Medicare rural hospital 

flexibility grants program: Provided, That of the funds made available under this heading for Medicare rural hospital flexibility 

grants, $14,942,000 shall be available for the Small Rural Hospital 

Improvement Grant Program for quality improvement and adoption 

of health information technology and up to $1,000,000 shall be 

to carry out section 1820(g)(6) of the Social Security Act, with 

funds provided for grants under section 1820(g)(6) available for 

the purchase and implementation of telehealth services, including 

pilots and demonstrations on the use of electronic health records 

to coordinate rural veterans care between rural providers and the 

Department of Veterans Affairs electronic health record system: 

Provided further, That notwithstanding section 338J(k) of the PHS 

Act, $9,511,000 shall be available for State Offices of Rural Health. 


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129 STAT. 2602 PUBLIC LAW 114–113—DEC. 18, 2015 

FAMILY PLANNING

For carrying out the program under title X of the PHS Act 

to provide for voluntary family planning projects, $286,479,000: 

Provided, That amounts provided to said projects under such title 

shall not be expended for abortions, that all pregnancy counseling 

shall be nondirective, and that such amounts shall not be expended 

for any activity (including the publication or distribution of literature) that in any way tends to promote public support or opposition to any legislative proposal or candidate for public office. 

PROGRAM MANAGEMENT

For program support in the Health Resources and Services 

Administration, $154,000,000: Provided, That funds made available 

under this heading may be used to supplement program support 

funding provided under the headings ‘‘Primary Health Care’’, 

‘‘Health Workforce’’, ‘‘Maternal and Child Health’’, ‘‘Ryan White 

HIV/AIDS Program’’, ‘‘Health Care Systems’’, and ‘‘Rural Health’’. 

VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

For payments from the Vaccine Injury Compensation Program 

Trust Fund (the ‘‘Trust Fund’’), such sums as may be necessary 

for claims associated with vaccine-related injury or death with 

respect to vaccines administered after September 30, 1988, pursuant 

to subtitle 2 of title XXI of the PHS Act, to remain available 

until expended: Provided, That for necessary administrative 

expenses, not to exceed $7,500,000 shall be available from the 

Trust Fund to the Secretary. 

CENTERS FOR DISEASE CONTROL AND PREVENTION

IMMUNIZATION AND RESPIRATORY DISEASES

For carrying out titles II, III, XVII, and XXI, and section 

2821 of the PHS Act, titles II and IV of the Immigration and 

Nationality Act, and section 501 of the Refugee Education Assistance Act, with respect to immunization and respiratory diseases, 

$459,055,000. 

HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED DISEASES, AND

TUBERCULOSIS PREVENTION

For carrying out titles II, III, XVII, and XXIII of the PHS 

Act with respect to HIV/AIDS, viral hepatitis, sexually transmitted 

diseases, and tuberculosis prevention, $1,122,278,000. 

EMERGING AND ZOONOTIC INFECTIOUS DISEASES

For carrying out titles II, III, and XVII, and section 2821 

of the PHS Act, titles II and IV of the Immigration and Nationality 

Act, and section 501 of the Refugee Education Assistance Act, 

with respect to emerging and zoonotic infectious diseases, 

$527,885,000. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2603 

CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION

For carrying out titles II, III, XI, XV, XVII, and XIX of the 

PHS Act with respect to chronic disease prevention and health 

promotion, $838,146,000: Provided, That funds appropriated under 

this account may be available for making grants under section 

1509 of the PHS Act for not less than 21 States, tribes, or tribal 

organizations: Provided further, That of the funds available under 

this heading, $10,000,000 shall be available to continue and expand 

community specific extension and outreach programs to combat 

obesity in counties with the highest levels of obesity: Provided 

further, That the proportional funding requirements under section 

1503(a) of the PHS Act shall not apply to funds made available 

under this heading. 

BIRTH DEFECTS, DEVELOPMENTAL DISABILITIES, DISABILITIES AND

HEALTH

For carrying out titles II, III, XI, and XVII of the PHS Act 

with respect to birth defects, developmental disabilities, disabilities 

and health, $135,610,000. 

PUBLIC HEALTH SCIENTIFIC SERVICES

For carrying out titles II, III, and XVII of the PHS Act with 

respect to health statistics, surveillance, health informatics, and 

workforce development, $491,597,000. 

ENVIRONMENTAL HEALTH

For carrying out titles II, III, and XVII of the PHS Act with 

respect to environmental health, $165,303,000. 

INJURY PREVENTION AND CONTROL

For carrying out titles II, III, and XVII of the PHS Act with 

respect to injury prevention and control, $236,059,000: Provided, 

That of the funds provided under this heading, $70,000,000 shall 

be available for an evidence-based opioid drug overdose prevention 

program. 

NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH

For carrying out titles II, III, and XVII of the PHS Act, sections 

101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine 

Safety and Health Act, section 13 of the Mine Improvement and 

New Emergency Response Act, and sections 20, 21, and 22 of 

the Occupational Safety and Health Act, with respect to occupational safety and health, $339,121,000. 

ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION

PROGRAM

For necessary expenses to administer the Energy Employees 

Occupational Illness Compensation Program Act, $55,358,000, to 

remain available until expended: Provided, That this amount shall 

be available consistent with the provision regarding administrative 

expenses in section 151(b) of division B, title I of Public Law 

106–554. 


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129 STAT. 2604 PUBLIC LAW 114–113—DEC. 18, 2015 

GLOBAL HEALTH

For carrying out titles II, III, and XVII of the PHS Act with 

respect to global health, $427,121,000, of which $128,421,000 for 

international HIV/AIDS shall remain available through September 

30, 2017: Provided, That funds may be used for purchase and 

insurance of official motor vehicles in foreign countries. 

PUBLIC HEALTH PREPAREDNESS AND RESPONSE

For carrying out titles II, III, and XVII of the PHS Act with 

respect to public health preparedness and response, and for 

expenses necessary to support activities related to countering potential biological, nuclear, radiological, and chemical threats to civilian 

populations, $1,405,000,000, of which $575,000,000 shall remain 

available until expended for the Strategic National Stockpile: Provided, That in the event the Director of the CDC activates the 

Emergency Operations Center, the Director of the CDC may detail 

CDC staff without reimbursement for up to 90 days to support 

the work of the CDC Emergency Operations Center, so long as 

the Director provides a notice to the Committees on Appropriations 

of the House of Representatives and the Senate within 15 days 

of the use of this authority and a full report within 30 days after 

use of this authority which includes the number of staff and funding 

level broken down by the originating center and number of days 

detailed: Provided further, That funds appropriated under this 

heading may be used to support a contract for the operation and 

maintenance of an aircraft in direct support of activities throughout 

CDC to ensure the agency is prepared to address public health 

preparedness emergencies. 

BUILDINGS AND FACILITIES

(INCLUDING TRANSFER OF FUNDS)

For acquisition of real property, equipment, construction, demo- lition, and renovation of facilities, $10,000,000, which shall remain 

available until September 30, 2020: Provided, That funds previously 

set-aside by CDC for repair and upgrade of the Lake Lynn Experimental Mine and Laboratory shall be used to acquire a replacement 

mine safety research facility: Provided further, That in addition, 

the prior year unobligated balance of any amounts assigned to 

former employees in accounts of CDC made available for Individual 

Learning Accounts shall be credited to and merged with the 

amounts made available under this heading to support the replacement of the mine safety research facility. 

CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT

For carrying out titles II, III, XVII and XIX, and section 2821 

of the PHS Act and for cross-cutting activities and program support 

for activities funded in other appropriations included in this Act 

for the Centers for Disease Control and Prevention, $113,570,000: 

Provided, That paragraphs (1) through (3) of subsection (b) of section 

2821 of the PHS Act shall not apply to funds appropriated under 

this heading and in all other accounts of the CDC: Provided further, 

That employees of CDC or the Public Health Service, both civilian 

and commissioned officers, detailed to States, municipalities, or 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2605 

other organizations under authority of section 214 of the PHS 

Act, or in overseas assignments, shall be treated as non-Federal 

employees for reporting purposes only and shall not be included 

within any personnel ceiling applicable to the Agency, Service, 

or HHS during the period of detail or assignment: Provided further, 

That CDC may use up to $10,000 from amounts appropriated 

to CDC in this Act for official reception and representation expenses 

when specifically approved by the Director of CDC: Provided further, 

That in addition, such sums as may be derived from authorized 

user fees, which shall be credited to the appropriation charged 

with the cost thereof: Provided further, That with respect to the 

previous proviso, authorized user fees from the Vessel Sanitation 

Program and the Respirator Certification Program shall be available 

through September 30, 2017. 

NATIONAL INSTITUTES OF HEALTH

NATIONAL CANCER INSTITUTE

For carrying out section 301 and title IV of the PHS Act 

with respect to cancer, $5,214,701,000, of which up to $16,000,000 

may be used for facilities repairs and improvements at the National 

Cancer Institute—Frederick Federally Funded Research and 

Development Center in Frederick, Maryland. 

NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

For carrying out section 301 and title IV of the PHS Act 

with respect to cardiovascular, lung, and blood diseases, and blood 

and blood products, $3,115,538,000. 

NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH

For carrying out section 301 and title IV of the PHS Act 

with respect to dental and craniofacial diseases, $415,582,000. 

NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY

DISEASES

For carrying out section 301 and title IV of the PHS Act 

with respect to diabetes and digestive and kidney disease, 

$1,818,357,000. 

NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE

For carrying out section 301 and title IV of the PHS Act with respect to neurological disorders and stroke, $1,696,139,000. 

NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES

For carrying out section 301 and title IV of the PHS Act 

with respect to allergy and infectious diseases, $4,629,928,000. 

NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

For carrying out section 301 and title IV of the PHS Act 

with respect to general medical sciences, $2,512,073,000, of which 

$780,000,000 shall be from funds available under section 241 of 


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129 STAT. 2606 PUBLIC LAW 114–113—DEC. 18, 2015 

the PHS Act: Provided, That not less than $320,840,000 is provided 

for the Institutional Development Awards program. 

EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD HEALTH

AND HUMAN DEVELOPMENT

For carrying out section 301 and title IV of the PHS Act 

with respect to child health and human development, 

$1,339,802,000. 

NATIONAL EYE INSTITUTE

For carrying out section 301 and title IV of the PHS Act 

with respect to eye diseases and visual disorders, $715,903,000. 

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

For carrying out section 301 and title IV of the PHS Act 

with respect to environmental health sciences, $693,702,000. 

NATIONAL INSTITUTE ON AGING

For carrying out section 301 and title IV of the PHS Act with respect to aging, $1,600,191,000. 

NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN

DISEASES

For carrying out section 301 and title IV of the PHS Act 

with respect to arthritis and musculoskeletal and skin diseases, 

$542,141,000. 

NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION

DISORDERS

For carrying out section 301 and title IV of the PHS Act 

with respect to deafness and other communication disorders, 

$423,031,000. 

NATIONAL INSTITUTE OF NURSING RESEARCH

For carrying out section 301 and title IV of the PHS Act 

with respect to nursing research, $146,485,000. 

NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM

For carrying out section 301 and title IV of the PHS Act 

with respect to alcohol abuse and alcoholism, $467,700,000. 

NATIONAL INSTITUTE ON DRUG ABUSE

For carrying out section 301 and title IV of the PHS Act 

with respect to drug abuse, $1,077,488,000. 

NATIONAL INSTITUTE OF MENTAL HEALTH

For carrying out section 301 and title IV of the PHS Act 

with respect to mental health, $1,548,390,000. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2607 

NATIONAL HUMAN GENOME RESEARCH INSTITUTE

For carrying out section 301 and title IV of the PHS Act 

with respect to human genome research, $518,956,000. 

NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING

For carrying out section 301 and title IV of the PHS Act 

with respect to biomedical imaging and bioengineering research, 

$346,795,000. 

NATIONAL CENTER FOR COMPLEMENTARY AND INTEGRATIVE HEALTH

For carrying out section 301 and title IV of the PHS Act 

with respect to complementary and integrative health, 

$130,789,000. 

NATIONAL INSTITUTE ON MINORITY HEALTH AND HEALTH DISPARITIES

For carrying out section 301 and title IV of the PHS Act 

with respect to minority health and health disparities research, 

$279,718,000. 

JOHN E. FOGARTY INTERNATIONAL CENTER

For carrying out the activities of the John E. Fogarty International Center (described in subpart 2 of part E of title IV of 

the PHS Act), $70,447,000. 

NATIONAL LIBRARY OF MEDICINE

For carrying out section 301 and title IV of the PHS Act 

with respect to health information communications, $394,664,000: 

Provided, That of the amounts available for improvement of 

information systems, $4,000,000 shall be available until September 

30, 2017: Provided further, That in fiscal year 2016, the National 

Library of Medicine may enter into personal services contracts 

for the provision of services in facilities owned, operated, or constructed under the jurisdiction of the National Institutes of Health 

(referred to in this title as ‘‘NIH’’). 

NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES

For carrying out section 301 and title IV of the PHS Act 

with respect to translational sciences, $685,417,000: Provided, That 

up to $25,835,000 shall be available to implement section 480 

of the PHS Act, relating to the Cures Acceleration Network: Provided further, That at least $500,000,000 is provided to the Clinical 

and Translational Sciences Awards program. 

OFFICE OF THE DIRECTOR

For carrying out the responsibilities of the Office of the Director, NIH, $1,558,600,000, of which up to $30,000,000 may be used 

to carry out section 215 of this Act: Provided, That funding shall 

be available for the purchase of not to exceed 29 passenger motor 

vehicles for replacement only: Provided further, That all funds 

credited to the NIH Management Fund shall remain available for 

one fiscal year after the fiscal year in which they are deposited: 


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129 STAT. 2608 PUBLIC LAW 114–113—DEC. 18, 2015 

Provided further, That $165,000,000 shall be for the National Children’s Study Follow-on: Provided further, That NIH shall submit 

a spend plan on the next phase of the study in the previous 

proviso to the Committees on Appropriations of the House of Representatives and the Senate not later than 90 days after the date 

of enactment of this Act: Provided further, That $663,039,000 shall 

be available for the Common Fund established under section 

402A(c)(1) of the PHS Act: Provided further, That of the funds 

provided, $10,000 shall be for official reception and representation 

expenses when specifically approved by the Director of the NIH: 

Provided further, That the Office of AIDS Research within the 

Office of the Director of the NIH may spend up to $8,000,000 

to make grants for construction or renovation of facilities as provided for in section 2354(a)(5)(B) of the PHS Act: Provided further, That up to $130,000,000 of the funds provided to the Common 

Fund are available to support the trans-NIH Precision Medicine 

Initiative: Provided further, That of the amount provided to the 

NIH, the Director of the NIH shall enter into an agreement with 

the National Academy of Sciences, as part of the studies conducted 

under section 489 of the PHS Act, to conduct a comprehensive 

study on policies affecting the next generation of researchers in 

the United States: Provided further, That, of the funds from 

Institute, Center, and Office of the Director accounts within 

‘‘Department of Health and Human Services, National Institutes 

of Health,’’ in order to strengthen privacy protections for human 

research participants, NIH shall require investigators receiving NIH 

funding for new and competing research projects designed to generate and analyze large volumes of data derived from human 

research participants to obtain a certificate of confidentiality. 

In addition to other funds appropriated for the Common Fund established under section 402A(c) of the PHS Act, $12,600,000 

is appropriated to the Common Fund from the 10-year Pediatric 

Research Initiative Fund described in section 9008 of title 26, 

United States Code, for the purpose of carrying out section 

402(b)(7)(B)(ii) of the PHS Act (relating to pediatric research), as 

authorized in the Gabriella Miller Kids First Research Act. 

BUILDINGS AND FACILITIES

For the study of, construction of, renovation of, and acquisition 

of equipment for, facilities of or used by NIH, including the acquisition of real property, $128,863,000, to remain available through 

September 30, 2020. 

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION

MENTAL HEALTH

For carrying out titles III, V, and XIX of the PHS Act with 

respect to mental health, and the Protection and Advocacy for 

Individuals with Mental Illness Act, $1,133,948,000: Provided, That 

notwithstanding section 520A(f)(2) of the PHS Act, no funds appropriated for carrying out section 520A shall be available for carrying 

out section 1971 of the PHS Act: Provided further, That in addition 

to amounts provided herein, $21,039,000 shall be available under 

section 241 of the PHS Act to carry out subpart I of part B 

of title XIX of the PHS Act to fund section 1920(b) technical assistance, national data, data collection and evaluation activities, and 


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further that the total available under this Act for section 1920(b) 

activities shall not exceed 5 percent of the amounts appropriated 

for subpart I of part B of title XIX: Provided further, That section 

520E(b)(2) of the PHS Act shall not apply to funds appropriated 

in this Act for fiscal year 2016: Provided further, That of the 

amount appropriated under this heading, $46,887,000 shall be for 

the National Child Traumatic Stress Initiative as described in section 582 of the PHS Act: Provided further, That notwithstanding 

section 565(b)(1) of the PHS Act, technical assistance may be provided to a public entity to establish or operate a system of comprehensive community mental health services to children with a 

serious emotional disturbance, without regard to whether the public 

entity receives a grant under section 561(a) of such Act: Provided 

further, That States shall expend at least 10 percent of the amount 

each receives for carrying out section 1911 of the PHS Act to 

support evidence-based programs that address the needs of individuals with early serious mental illness, including psychotic disorders, 

regardless of the age of the individual at onset: Provided further, 

That none of the funds provided for section 1911 of the PHS 

Act shall be subject to section 241 of such Act: Provided further, 

That of the funds made available under this heading, $15,000,000 

shall be to carry out section 224 of the Protecting Access to Medicare 

Act of 2014 (Public Law 113–93; 42 U.S.C. 290aa 22 note). 

SUBSTANCE ABUSE TREATMENT

For carrying out titles III, V, and XIX of the PHS Act with 

respect to substance abuse treatment and section 1922(a) of the 

PHS Act with respect to substance abuse prevention, 

$2,114,224,000: Provided, That in addition to amounts provided 

herein, the following amounts shall be available under section 241 

of the PHS Act: (1) $79,200,000 to carry out subpart II of part 

B of title XIX of the PHS Act to fund section 1935(b) technical 

assistance, national data, data collection and evaluation activities, 

and further that the total available under this Act for section 

1935(b) activities shall not exceed 5 percent of the amounts appropriated for subpart II of part B of title XIX; and (2) $2,000,000 

to evaluate substance abuse treatment programs: Provided further, 

That none of the funds provided for section 1921 of the PHS 

Act shall be subject to section 241 of such Act. 

SUBSTANCE ABUSE PREVENTION

For carrying out titles III and V of the PHS Act with respect to substance abuse prevention, $211,219,000. 

HEALTH SURVEILLANCE AND PROGRAM SUPPORT

For program support and cross-cutting activities that supplement activities funded under the headings ‘‘Mental Health’’, ‘‘Substance Abuse Treatment’’, and ‘‘Substance Abuse Prevention’’ in 

carrying out titles III, V, and XIX of the PHS Act and the Protection 

and Advocacy for Individuals with Mental Illness Act in the Substance Abuse and Mental Health Services Administration, 

$174,878,000: Provided, That in addition to amounts provided 

herein, $31,428,000 shall be available under section 241 of the 

PHS Act to supplement funds available to carry out national surveys 

on drug abuse and mental health, to collect and analyze program 


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129 STAT. 2610 PUBLIC LAW 114–113—DEC. 18, 2015 

data, and to conduct public awareness and technical assistance 

activities: Provided further, That, in addition, fees may be collected 

for the costs of publications, data, data tabulations, and data analysis completed under title V of the PHS Act and provided to a 

public or private entity upon request, which shall be credited to 

this appropriation and shall remain available until expended for 

such purposes: Provided further, That amounts made available in 

this Act for carrying out section 501(m) of the PHS Act shall 

remain available through September 30, 2017: Provided further, 

That funds made available under this heading may be used to 

supplement program support funding provided under the headings 

‘‘Mental Health’’, ‘‘Substance Abuse Treatment’’, and ‘‘Substance 

Abuse Prevention’’. 

AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

HEALTHCARE RESEARCH AND QUALITY

For carrying out titles III and IX of the PHS Act, part A 

of title XI of the Social Security Act, and section 1013 of the 

Medicare Prescription Drug, Improvement, and Modernization Act 

of 2003, $334,000,000: Provided, That section 947(c) of the PHS 

Act shall not apply in fiscal year 2016: Provided further, That 

in addition, amounts received from Freedom of Information Act 

fees, reimbursable and interagency agreements, and the sale of 

data shall be credited to this appropriation and shall remain available until September 30, 2017. 

CENTERS FOR MEDICARE AND MEDICAID SERVICES

GRANTS TO STATES FOR MEDICAID

For carrying out, except as otherwise provided, titles XI and 

XIX of the Social Security Act, $243,545,410,000, to remain available until expended. 

For making, after May 31, 2016, payments to States under 

title XIX or in the case of section 1928 on behalf of States under 

title XIX of the Social Security Act for the last quarter of fiscal 

year 2016 for unanticipated costs incurred for the current fiscal 

year, such sums as may be necessary. 

For making payments to States or in the case of section 1928 

on behalf of States under title XIX of the Social Security Act 

for the first quarter of fiscal year 2017, $115,582,502,000, to remain 

available until expended. 

Payment under such title XIX may be made for any quarter 

with respect to a State plan or plan amendment in effect during 

such quarter, if submitted in or prior to such quarter and approved 

in that or any subsequent quarter. 

PAYMENTS TO HEALTH CARE TRUST FUNDS

For payment to the Federal Hospital Insurance Trust Fund 

and the Federal Supplementary Medical Insurance Trust Fund, 

as provided under sections 217(g), 1844, and 1860D–16 of the Social 

Security Act, sections 103(c) and 111(d) of the Social Security 

Amendments of 1965, section 278(d)(3) of Public Law 97–248, and 

for administrative expenses incurred pursuant to section 201(g) 

of the Social Security Act, $283,171,800,000. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2611 

In addition, for making matching payments under section 1844 

and benefit payments under section 1860D–16 of the Social Security 

Act that were not anticipated in budget estimates, such sums as 

may be necessary. 

PROGRAM MANAGEMENT

For carrying out, except as otherwise provided, titles XI, XVIII, 

XIX, and XXI of the Social Security Act, titles XIII and XXVII 

of the PHS Act, the Clinical Laboratory Improvement Amendments 

of 1988, and other responsibilities of the Centers for Medicare 

and Medicaid Services, not to exceed $3,669,744,000, to be transferred from the Federal Hospital Insurance Trust Fund and the 

Federal Supplementary Medical Insurance Trust Fund, as authorized by section 201(g) of the Social Security Act; together with 

all funds collected in accordance with section 353 of the PHS 

Act and section 1857(e)(2) of the Social Security Act, funds retained 

by the Secretary pursuant to section 302 of the Tax Relief and 

Health Care Act of 2006; and such sums as may be collected 

from authorized user fees and the sale of data, which shall be 

credited to this account and remain available until September 30, 

2021: Provided, That all funds derived in accordance with 31 U.S.C. 

9701 from organizations established under title XIII of the PHS 

Act shall be credited to and available for carrying out the purposes 

of this appropriation: Provided further, That the Secretary is 

directed to collect fees in fiscal year 2016 from Medicare Advantage 

organizations pursuant to section 1857(e)(2) of the Social Security 

Act and from eligible organizations with risk-sharing contracts 

under section 1876 of that Act pursuant to section 1876(k)(4)(D) 

of that Act. 

HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT

In addition to amounts otherwise available for program integ- rity and program management, $681,000,000, to remain available 

through September 30, 2017, to be transferred from the Federal 

Hospital Insurance Trust Fund and the Federal Supplementary 

Medical Insurance Trust Fund, as authorized by section 201(g) 

of the Social Security Act, of which $486,120,000 shall be for the 

Medicare Integrity Program at the Centers for Medicare and Medicaid Services, including administrative costs, to conduct oversight 

activities for Medicare Advantage under Part C and the Medicare 

Prescription Drug Program under Part D of the Social Security 

Act and for activities described in section 1893(b) of such Act, 

of which $67,200,000 shall be for the Department of Health and 

Human Services Office of Inspector General to carry out fraud 

and abuse activities authorized by section 1817(k)(3) of such Act, 

of which $67,200,000 shall be for the Medicaid and Children’s 

Health Insurance Program (‘‘CHIP’’) program integrity activities, 

and of which $60,480,000 shall be for the Department of Justice 

to carry out fraud and abuse activities authorized by section 

1817(k)(3) of such Act: Provided, That the report required by section 

1817(k)(5) of the Social Security Act for fiscal year 2016 shall 

include measures of the operational efficiency and impact on fraud, 

waste, and abuse in the Medicare, Medicaid, and CHIP programs 

for the funds provided by this appropriation: Provided further, 

That of the amount provided under this heading, $311,000,000 

is provided to meet the terms of section 251(b)(2)(C)(ii) of the 


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129 STAT. 2612 PUBLIC LAW 114–113—DEC. 18, 2015 

Balanced Budget and Emergency Deficit Control Act of 1985, as 

amended, and $370,000,000 is additional new budget authority 

specified for purposes of section 251(b)(2)(C) of such Act: Provided 

further, That the Secretary shall support the full cost of the Senior 

Medicare Patrol program to combat health care fraud and abuse 

from the funds provided to this account. 

ADMINISTRATION FOR CHILDREN AND FAMILIES

PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT AND

FAMILY SUPPORT PROGRAMS

For carrying out, except as otherwise provided, titles I, IV– 

D, X, XI, XIV, and XVI of the Social Security Act and the Act 

of July 5, 1960, $2,944,906,000, to remain available until expended; 

and for such purposes for the first quarter of fiscal year 2017, 

$1,300,000,000, to remain available until expended. 

For carrying out, after May 31 of the current fiscal year, except 

as otherwise provided, titles I, IV–D, X, XI, XIV, and XVI of the 

Social Security Act and the Act of July 5, 1960, for the last 3 

months of the current fiscal year for unanticipated costs, incurred 

for the current fiscal year, such sums as may be necessary. 

LOW INCOME HOME ENERGY ASSISTANCE

For making payments under subsections (b) and (d) of section 

2602 of the Low Income Home Energy Assistance Act of 1981, 

$3,390,304,000: Provided, That all but $491,000,000 of this amount 

shall be allocated as though the total appropriation for such payments for fiscal year 2016 was less than $1,975,000,000: Provided 

further, That notwithstanding section 2609A(a), of the amounts 

appropriated under section 2602(b), not more than $2,988,000 of 

such amounts may be reserved by the Secretary for technical assistance, training, and monitoring of program activities for compliance 

with internal controls, policies and procedures and may, in addition 

to the authorities provided in section 2609A(a)(1), use such funds 

through contracts with private entities that do not qualify as nonprofit organizations. 

REFUGEE AND ENTRANT ASSISTANCE

For necessary expenses for refugee and entrant assistance 

activities authorized by section 414 of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance 

Act of 1980, and for carrying out section 462 of the Homeland 

Security Act of 2002, section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, the Trafficking Victims Protection Act of 2000 (‘‘TVPA’’), section 203 of 

the Trafficking Victims Protection Reauthorization Act of 2005, 

and the Torture Victims Relief Act of 1998, $1,674,691,000, of 

which $1,645,201,000 shall remain available through September 

30, 2018 for carrying out such sections 414, 501, 462, and 235: 

Provided, That amounts available under this heading to carry out 

such section 203 and the TVPA shall also be available for research 

and evaluation with respect to activities under those authorities: 

Provided further, That the limitation in section 205 of this Act 

regarding transfers increasing any appropriation shall apply to 


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transfers to appropriations under this heading by substituting ‘‘10 

percent’’ for ‘‘3 percent’’. 

PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT

BLOCK GRANT

For carrying out the Child Care and Development Block Grant Act of 2014 (‘‘CCDBG Act’’), $2,761,000,000 shall be used to supplement, not supplant State general revenue funds for child care 

assistance for low-income families: Provided, That, in addition to 

the amounts required to be reserved by the States under section 

658G of the CCDBG Act, $127,206,000 shall be for activities that 

improve the quality of infant and toddler care: Provided further, That technical assistance under section 658I(a)(3) of such Act may 

be provided directly, or through the use of contracts, grants, 

cooperative agreements, or interagency agreements: Provided further, That all funds made available to carry out section 418 of 

the Social Security Act (42 U.S.C. 618), including funds appropriated 

for that purpose in such section 418 or any other provision of 

law, shall be subject to the reservation of funds authority in paragraphs (4) and (5) of section 658O(a) of the CCDBG Act. 

SOCIAL SERVICES BLOCK GRANT

For making grants to States pursuant to section 2002 of the Social Security Act, $1,700,000,000: Provided, That notwithstanding 

subparagraph (B) of section 404(d)(2) of such Act, the applicable 

percent specified under such subparagraph for a State to carry 

out State programs pursuant to title XX–A of such Act shall be 

10 percent. 

CHILDREN AND FAMILIES SERVICES PROGRAMS

For carrying out, except as otherwise provided, the Runaway 

and Homeless Youth Act, the Head Start Act, the Child Abuse 

Prevention and Treatment Act, sections 303 and 313 of the Family 

Violence Prevention and Services Act, the Native American Programs Act of 1974, title II of the Child Abuse Prevention and 

Treatment and Adoption Reform Act of 1978 (adoption opportunities), part B–1 of title IV and sections 429, 473A, 477(i), 1110, 

1114A, and 1115 of the Social Security Act; for making payments 

under the Community Services Block Grant Act (‘‘CSBG Act’’), 

and the Assets for Independence Act; for necessary administrative 

expenses to carry out titles I, IV, V, X, XI, XIV, XVI, and XX– 

A of the Social Security Act, the Act of July 5, 1960, the Low 

Income Home Energy Assistance Act of 1981, title IV of the 

Immigration and Nationality Act, and section 501 of the Refugee 

Education Assistance Act of 1980; and for the administration of 

prior year obligations made by the Administration for Children 

and Families under the Developmental Disabilities Assistance and 

Bill of Rights Act and the Help America Vote Act of 2002, 

$10,984,268,000, of which $37,943,000, to remain available through 

September 30, 2017, shall be for grants to States for adoption 

and legal guardianship incentive payments, as defined by section 

473A of the Social Security Act and may be made for adoptions 

completed before September 30, 2016: Provided, That 

$9,168,095,000 shall be for making payments under the Head Start 

Act: Provided further, That of the amount in the previous proviso, 


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129 STAT. 2614 PUBLIC LAW 114–113—DEC. 18, 2015 

$8,214,095,000 shall be available for payments under section 640 

of the Head Start Act, of which $141,000,000 shall be available 

for a cost of living adjustment notwithstanding section 640(a)(3)(A) 

of such Act: Provided further, That notwithstanding such section 

640, of the amount in the second preceding proviso, $294,000,000 

(of which up to one percent may be reserved for research and 

evaluation) shall be available through December 31, 2016 for award 

by the Secretary to grantees that apply for supplemental funding 

to increase their hours of program operations and for training 

and technical assistance for such activities: Provided further, That 

of the amount provided for making payments under the Head 

Start Act, $25,000,000 shall be available for allocation by the Secretary to supplement activities described in paragraphs (7)(B) and 

(9) of section 641(c) of such Act under the Designation Renewal 

System, established under the authority of sections 641(c)(7), 

645A(b)(12) and 645A(d) of such Act: Provided further, That notwithstanding such section 640, of the amount provided for making 

payments under the Head Start Act, and in addition to funds 

otherwise available under such section 640 for such purposes, 

$635,000,000 shall be available through March 31, 2017 for Early 

Head Start programs as described in section 645A of such Act, 

for conversion of Head Start services to Early Head Start services 

as described in section 645(a)(5)(A) of such Act, for discretionary 

grants for high quality infant and toddler care through Early Head 

Start-Child Care Partnerships, to entities defined as eligible under 

section 645A(d) of such Act, for training and technical assistance 

for such activities, and for up to $14,000,000 in Federal costs 

of administration and evaluation, and, notwithstanding section 

645A(c)(2) of such Act, these funds are available to serve children 

under age 4: Provided further, That funds described in the preceding 

two provisos shall not be included in the calculation of ‘‘base grant’’ 

in subsequent fiscal years, as such term is used in section 

640(a)(7)(A) of such Act: Provided further, That $751,383,000 shall 

be for making payments under the CSBG Act: Provided further, 

That $36,733,000 shall be for sections 680 and 678E(b)(2) of the 

CSBG Act, of which not less than $29,883,000 shall be for section 

680(a)(2) and not less than $6,500,000 shall be for section 

680(a)(3)(B) of such Act: Provided further, That to the extent 

Community Services Block Grant funds are distributed as grant 

funds by a State to an eligible entity as provided under the CSBG 

Act, and have not been expended by such entity, they shall remain 

with such entity for carryover into the next fiscal year for expenditure by such entity consistent with program purposes: Provided 

further, That the Secretary shall establish procedures regarding 

the disposition of intangible assets and program income that permit 

such assets acquired with, and program income derived from, grant 

funds authorized under section 680 of the CSBG Act to become 

the sole property of such grantees after a period of not more 

than 12 years after the end of the grant period for any activity 

consistent with section 680(a)(2)(A) of the CSBG Act: Provided 

further, That intangible assets in the form of loans, equity investments and other debt instruments, and program income may be 

used by grantees for any eligible purpose consistent with section 

680(a)(2)(A) of the CSBG Act: Provided further, That these procedures shall apply to such grant funds made available after 

November 29, 1999: Provided further, That funds appropriated for 

section 680(a)(2) of the CSBG Act shall be available for financing 

42 USC 9921 

note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2615 

construction and rehabilitation and loans or investments in private 

business enterprises owned by community development corporations: Provided further, That the Secretary shall issue performance 

standards for nonprofit organizations receiving funds from State 

and territorial grantees under the CSBG Act, and such States 

and territories shall assure the implementation of such standards 

prior to September 30, 2016, and include information on such 

implementation in the report required by section 678E(2) of such 

Act: Provided further, That, to the extent funds for the Assets 

for Independence (AFI) Act provided in this Act are distributed 

as grant funds to a qualified entity and have not been expended 

by such entity within 3 years after the date of the award, such 

funds may be recaptured and, during the fiscal year of such recapture, reallocated among other qualified entities, to remain available 

to such entities for 5 years: Provided further, That $1,864,000 

shall be for a human services case management system for federally 

declared disasters, to include a comprehensive national case 

management contract and Federal costs of administering the 

system: Provided further, That up to $2,000,000 shall be for 

improving the Public Assistance Reporting Information System, 

including grants to States to support data collection for a study 

of the system’s effectiveness. 

PROMOTING SAFE AND STABLE FAMILIES

For carrying out, except as otherwise provided, section 436 

of the Social Security Act, $345,000,000 and, for carrying out, 

except as otherwise provided, section 437 of such Act, $59,765,000. 

PAYMENTS FOR FOSTER CARE AND PERMANENCY

For carrying out, except as otherwise provided, title IV–E of the Social Security Act, $5,298,000,000. 

For carrying out, except as otherwise provided, title IV–E of 

the Social Security Act, for the first quarter of fiscal year 2017, 

$2,300,000,000. 

For carrying out, after May 31 of the current fiscal year, except 

as otherwise provided, section 474 of title IV–E of the Social Security Act, for the last 3 months of the current fiscal year for unanticipated costs, incurred for the current fiscal year, such sums as 

may be necessary. 

ADMINISTRATION FOR COMMUNITY LIVING

AGING AND DISABILITY SERVICES PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For carrying out, to the extent not otherwise provided, the 

Older Americans Act of 1965 (‘‘OAA’’), titles III and XXIX of the 

PHS Act, sections 1252 and 1253 of the PHS Act, section 119 

of the Medicare Improvements for Patients and Providers Act of 

2008, title XX–B of the Social Security Act, the Developmental 

Disabilities Assistance and Bill of Rights Act, parts 2 and 5 of 

subtitle D of title II of the Help America Vote Act of 2002, the 

Assistive Technology Act of 1998, titles II and VII (and section 

14 with respect to such titles) of the Rehabilitation Act of 1973, 


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129 STAT. 2616 PUBLIC LAW 114–113—DEC. 18, 2015 

and for Department-wide coordination of policy and program activities that assist individuals with disabilities, $1,912,735,000, 

together with $52,115,000 to be transferred from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical 

Insurance Trust Fund to carry out section 4360 of the Omnibus 

Budget Reconciliation Act of 1990: Provided, That amounts appropriated under this heading may be used for grants to States under 

section 361 of the OAA only for disease prevention and health 

promotion programs and activities which have been demonstrated 

through rigorous evaluation to be evidence-based and effective: 

Provided further, That notwithstanding any other provision of this 

Act, funds made available under this heading to carry out section 

311 of the OAA may be transferred to the Secretary of Agriculture 

in accordance with such section: Provided further, That $2,000,000 

shall be for competitive grants to support alternative financing 

programs that provide for the purchase of assistive technology 

devices, such as a low-interest loan fund; an interest buy-down 

program; a revolving loan fund; a loan guarantee; or an insurance 

program: Provided further, That applicants shall provide an assurance that, and information describing the manner in which, the 

alternative financing program will expand and emphasize consumer 

choice and control: Provided further, That State agencies and 

community-based disability organizations that are directed by and 

operated for individuals with disabilities shall be eligible to compete: 

Provided further, That in addition, the unobligated balance of 

amounts previously made available for the Health Resources and 

Services Administration to carry out functions under sections 1252 

and 1253 of the PHS Act shall be transferred to this account, 

except for such sums as may be necessary to provide for an orderly 

transition of such functions to the Administration for Community 

Living: Provided further, That none of the funds made available 

under this heading may be used by an eligible system (as defined 

in section 102 of the Protection and Advocacy for Individuals with 

Mental Illness Act (42 U.S.C. 10802)) to continue to pursue any 

legal action in a Federal or State court on behalf of an individual 

or group of individuals with a developmental disability (as defined 

in section 102(8)(A) of the Developmental Disabilities and Assistance and Bill of Rights Act of 2000 (20 U.S.C. 15002(8)(A)) that 

is attributable to a mental impairment (or a combination of mental 

and physical impairments), that has as the requested remedy the 

closure of State operated intermediate care facilities for people 

with intellectual or developmental disabilities, unless reasonable 

public notice of the action has been provided to such individuals 

(or, in the case of mental incapacitation, the legal guardians who 

have been specifically awarded authority by the courts to make 

healthcare and residential decisions on behalf of such individuals) 

who are affected by such action, within 90 days of instituting 

such legal action, which informs such individuals (or such legal 

guardians) of their legal rights and how to exercise such rights 

consistent with current Federal Rules of Civil Procedure: Provided 

further, That the limitations in the immediately preceding proviso 

shall not apply in the case of an individual who is neither competent 

to consent nor has a legal guardian, nor shall the proviso apply 

in the case of individuals who are a ward of the State or subject 

to public guardianship. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2617 

OFFICE OF THE SECRETARY

GENERAL DEPARTMENTAL MANAGEMENT

For necessary expenses, not otherwise provided, for general 

departmental management, including hire of six passenger motor 

vehicles, and for carrying out titles III, XVII, XXI, and section 

229 of the PHS Act, the United States-Mexico Border Health 

Commission Act, and research studies under section 1110 of the 

Social Security Act, $456,009,000, together with $64,828,000 from 

the amounts available under section 241 of the PHS Act to carry 

out national health or human services research and evaluation 

activities: Provided, That of this amount, $53,900,000 shall be for 

minority AIDS prevention and treatment activities: Provided further, That of the funds made available under this heading, 

$101,000,000 shall be for making competitive contracts and grants 

to public and private entities to fund medically accurate and age 

appropriate programs that reduce teen pregnancy and for the Federal costs associated with administering and evaluating such contracts and grants, of which not more than 10 percent of the available 

funds shall be for training and technical assistance, evaluation, 

outreach, and additional program support activities, and of the 

remaining amount 75 percent shall be for replicating programs 

that have been proven effective through rigorous evaluation to 

reduce teenage pregnancy, behavioral risk factors underlying teenage pregnancy, or other associated risk factors, and 25 percent 

shall be available for research and demonstration grants to develop, 

replicate, refine, and test additional models and innovative strategies for preventing teenage pregnancy: Provided further, That of 

the amounts provided under this heading from amounts available 

under section 241 of the PHS Act, $6,800,000 shall be available 

to carry out evaluations (including longitudinal evaluations) of teenage pregnancy prevention approaches: Provided further, That of 

the funds made available under this heading, $10,000,000 shall 

be for making competitive grants which exclusively implement education in sexual risk avoidance (defined as voluntarily refraining 

from non-marital sexual activity): Provided further, That funding 

for such competitive grants for sexual risk avoidance shall use 

medically accurate information referenced to peer-reviewed publications by educational, scientific, governmental, or health organizations; implement an evidence-based approach integrating research 

findings with practical implementation that aligns with the needs 

and desired outcomes for the intended audience; and teach the 

benefits associated with self-regulation, success sequencing for poverty prevention, healthy relationships, goal setting, and resisting 

sexual coercion, dating violence, and other youth risk behaviors 

such as underage drinking or illicit drug use without normalizing 

teen sexual activity: Provided further, That no more than 10 percent 

of the funding for such competitive grants for sexual risk avoidance 

shall be available for technical assistance and administrative costs 

of such programs: Provided further, That funds provided in this 

Act for embryo adoption activities may be used to provide to individuals adopting embryos, through grants and other mechanisms, medical and administrative services deemed necessary for such adoptions: Provided further, That such services shall be provided consistent with 42 CFR 59.5(a)(4). 


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129 STAT. 2618 PUBLIC LAW 114–113—DEC. 18, 2015 

OFFICE OF MEDICARE HEARINGS AND APPEALS

For expenses necessary for the Office of Medicare Hearings 

and Appeals, $107,381,000, to be transferred in appropriate part 

from the Federal Hospital Insurance Trust Fund and the Federal 

Supplementary Medical Insurance Trust Fund. 

OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION

TECHNOLOGY

For expenses necessary for the Office of the National Coordinator for Health Information Technology, including grants, contracts, and cooperative agreements for the development and 

advancement of interoperable health information technology, 

$60,367,000. 

OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General, 

including the hire of passenger motor vehicles for investigations, 

in carrying out the provisions of the Inspector General Act of 

1978, $75,000,000: Provided, That of such amount, necessary sums 

shall be available for providing protective services to the Secretary 

and investigating non-payment of child support cases for which 

non-payment is a Federal offense under 18 U.S.C. 228. 

OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights, 

$38,798,000. 

RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED

OFFICERS

For retirement pay and medical benefits of Public Health 

Service Commissioned Officers as authorized by law, for payments 

under the Retired Serviceman’s Family Protection Plan and Survivor Benefit Plan, and for medical care of dependents and retired 

personnel under the Dependents’ Medical Care Act, such amounts 

as may be required during the current fiscal year. 

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

For expenses necessary to support activities related to countering potential biological, nuclear, radiological, chemical, and 

cybersecurity threats to civilian populations, and for other public 

health emergencies, $950,958,000, of which $511,700,000 shall 

remain available through September 30, 2017, for expenses necessary to support advanced research and development pursuant 

to section 319L of the PHS Act and other administrative expenses 

of the Biomedical Advanced Research and Development Authority: 

Provided, That funds provided under this heading for the purpose 

of acquisition of security countermeasures shall be in addition to 

any other funds available for such purpose: Provided further, That 

products purchased with funds provided under this heading may, 

at the discretion of the Secretary, be deposited in the Strategic 

National Stockpile pursuant to section 319F–2 of the PHS Act: 

Provided further, That $5,000,000 of the amounts made available 


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to support emergency operations shall remain available through 

September 30, 2018. 

For expenses necessary for procuring security countermeasures (as defined in section 319F–2(c)(1)(B) of the PHS Act), $510,000,000, 

to remain available until expended. 

For an additional amount for expenses necessary to prepare 

for or respond to an influenza pandemic, $72,000,000; of which 

$40,000,000 shall be available until expended, for activities 

including the development and purchase of vaccine, antivirals, necessary medical supplies, diagnostics, and other surveillance tools: 

Provided, That notwithstanding section 496(b) of the PHS Act, 

funds may be used for the construction or renovation of privately 

owned facilities for the production of pandemic influenza vaccines 

and other biologics, if the Secretary finds such construction or 

renovation necessary to secure sufficient supplies of such vaccines 

or biologics. 

GENERAL PROVISIONS

SEC. 201. Funds appropriated in this title shall be available 

for not to exceed $50,000 for official reception and representation 

expenses when specifically approved by the Secretary. 

SEC. 202. None of the funds appropriated in this title shall 

be used to pay the salary of an individual, through a grant or 

other extramural mechanism, at a rate in excess of Executive Level 

II. 

SEC. 203. None of the funds appropriated in this Act may 

be expended pursuant to section 241 of the PHS Act, except for 

funds specifically provided for in this Act, or for other taps and 

assessments made by any office located in HHS, prior to the 

preparation and submission of a report by the Secretary to the 

Committees on Appropriations of the House of Representatives and 

the Senate detailing the planned uses of such funds. 

SEC. 204. Notwithstanding section 241(a) of the PHS Act, such 

portion as the Secretary shall determine, but not more than 2.5 

percent, of any amounts appropriated for programs authorized 

under such Act shall be made available for the evaluation (directly, 

or by grants or contracts) and the implementation and effectiveness 

of programs funded in this title. 

(TRANSFER OF FUNDS)

SEC. 205. Not to exceed 1 percent of any discretionary funds 

(pursuant to the Balanced Budget and Emergency Deficit Control 

Act of 1985) which are appropriated for the current fiscal year 

for HHS in this Act may be transferred between appropriations, 

but no such appropriation shall be increased by more than 3 percent 

by any such transfer: Provided, That the transfer authority granted 

by this section shall not be used to create any new program or 

to fund any project or activity for which no funds are provided 

in this Act: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified 

at least 15 days in advance of any transfer. 

SEC. 206. In lieu of the timeframe specified in section 338E(c)(2) 

of the PHS Act, terminations described in such section may occur 

up to 60 days after the execution of a contract awarded in fiscal 

year 2016 under section 338B of such Act. 


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129 STAT. 2620 PUBLIC LAW 114–113—DEC. 18, 2015 

SEC. 207. None of the funds appropriated in this Act may 

be made available to any entity under title X of the PHS Act 

unless the applicant for the award certifies to the Secretary that 

it encourages family participation in the decision of minors to 

seek family planning services and that it provides counseling to 

minors on how to resist attempts to coerce minors into engaging 

in sexual activities. 

SEC. 208. Notwithstanding any other provision of law, no provider of services under title X of the PHS Act shall be exempt 

from any State law requiring notification or the reporting of child 

abuse, child molestation, sexual abuse, rape, or incest. 

SEC. 209. None of the funds appropriated by this Act (including 

funds appropriated to any trust fund) may be used to carry out 

the Medicare Advantage program if the Secretary denies participation in such program to an otherwise eligible entity (including 

a Provider Sponsored Organization) because the entity informs 

the Secretary that it will not provide, pay for, provide coverage 

of, or provide referrals for abortions: Provided, That the Secretary 

shall make appropriate prospective adjustments to the capitation 

payment to such an entity (based on an actuarially sound estimate 

of the expected costs of providing the service to such entity’s 

enrollees): Provided further, That nothing in this section shall be 

construed to change the Medicare program’s coverage for such services and a Medicare Advantage organization described in this section shall be responsible for informing enrollees where to obtain 

information about all Medicare covered services. 

SEC. 210. None of the funds made available in this title may 

be used, in whole or in part, to advocate or promote gun control. 

SEC. 211. The Secretary shall make available through assignment not more than 60 employees of the Public Health Service 

to assist in child survival activities and to work in AIDS programs 

through and with funds provided by the Agency for International 

Development, the United Nations International Children’s Emergency Fund or the World Health Organization. 

SEC. 212. In order for HHS to carry out international health 

activities, including HIV/AIDS and other infectious disease, chronic 

and environmental disease, and other health activities abroad 

during fiscal year 2016: 

(1) The Secretary may exercise authority equivalent to 

that available to the Secretary of State in section 2(c) of the 

State Department Basic Authorities Act of 1956. The Secretary 

shall consult with the Secretary of State and relevant Chief 

of Mission to ensure that the authority provided in this section 

is exercised in a manner consistent with section 207 of the 

Foreign Service Act of 1980 and other applicable statutes 

administered by the Department of State. 

(2) The Secretary is authorized to provide such funds by 

advance or reimbursement to the Secretary of State as may 

be necessary to pay the costs of acquisition, lease, alteration, 

renovation, and management of facilities outside of the United 

States for the use of HHS. The Department of State shall 

cooperate fully with the Secretary to ensure that HHS has 

secure, safe, functional facilities that comply with applicable 

regulation governing location, setback, and other facilities 

requirements and serve the purposes established by this Act. 

The Secretary is authorized, in consultation with the Secretary 

of State, through grant or cooperative agreement, to make 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2621 

available to public or nonprofit private institutions or agencies 

in participating foreign countries, funds to acquire, lease, alter, 

or renovate facilities in those countries as necessary to conduct 

programs of assistance for international health activities, 

including activities relating to HIV/AIDS and other infectious 

diseases, chronic and environmental diseases, and other health 

activities abroad. 

(3) The Secretary is authorized to provide to personnel 

appointed or assigned by the Secretary to serve abroad, allowances and benefits similar to those provided under chapter 

9 of title I of the Foreign Service Act of 1980, and 22 U.S.C. 

4081 through 4086 and subject to such regulations prescribed 

by the Secretary. The Secretary is further authorized to provide 

locality-based comparability payments (stated as a percentage) 

up to the amount of the locality-based comparability payment 

(stated as a percentage) that would be payable to such personnel under section 5304 of title 5, United States Code if 

such personnel’s official duty station were in the District of 

Columbia. Leaves of absence for personnel under this subsection 

shall be on the same basis as that provided under subchapter 

I of chapter 63 of title 5, United States Code, or section 903 

of the Foreign Service Act of 1980, to individuals serving in 

the Foreign Service. 

(TRANSFER OF FUNDS)

SEC. 213. The Director of the NIH, jointly with the Director 

of the Office of AIDS Research, may transfer up to 3 percent 

among institutes and centers from the total amounts identified 

by these two Directors as funding for research pertaining to the 

human immunodeficiency virus: Provided, That the Committees 

on Appropriations of the House of Representatives and the Senate 

are notified at least 15 days in advance of any transfer. 

(TRANSFER OF FUNDS)

SEC. 214. Of the amounts made available in this Act for NIH, 

the amount for research related to the human immunodeficiency 

virus, as jointly determined by the Director of NIH and the Director 

of the Office of AIDS Research, shall be made available to the 

‘‘Office of AIDS Research’’ account. The Director of the Office of 

AIDS Research shall transfer from such account amounts necessary 

to carry out section 2353(d)(3) of the PHS Act. 

SEC. 215. (a) AUTHORITY.—Notwithstanding any other provision 

of law, the Director of NIH (‘‘Director’’) may use funds available 

under section 402(b)(7) or 402(b)(12) of the PHS Act to enter into 

transactions (other than contracts, cooperative agreements, or 

grants) to carry out research identified pursuant to such section 

402(b)(7) (pertaining to the Common Fund) or research and activities described in such section 402(b)(12). 

(b) PEER REVIEW.—In entering into transactions under subsection (a), the Director may utilize such peer review procedures 

(including consultation with appropriate scientific experts) as the 

Director determines to be appropriate to obtain assessments of 

scientific and technical merit. Such procedures shall apply to such 

transactions in lieu of the peer review and advisory council review 

procedures that would otherwise be required under sections 


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129 STAT. 2622 PUBLIC LAW 114–113—DEC. 18, 2015 

301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the 

PHS Act. 

SEC. 216. Not to exceed $45,000,000 of funds appropriated 

by this Act to the institutes and centers of the National Institutes 

of Health may be used for alteration, repair, or improvement of 

facilities, as necessary for the proper and efficient conduct of the 

activities authorized herein, at not to exceed $3,500,000 per project. 

(TRANSFER OF FUNDS)

SEC. 217. Of the amounts made available for NIH, 1 percent 

of the amount made available for National Research Service Awards 

(‘‘NRSA’’) shall be made available to the Administrator of the Health 

Resources and Services Administration to make NRSA awards for 

research in primary medical care to individuals affiliated with 

entities who have received grants or contracts under sections 736, 

739, or 747 of the PHS Act, and 1 percent of the amount made 

available for NRSA shall be made available to the Director of 

the Agency for Healthcare Research and Quality to make NRSA 

awards for health service research. 

SEC. 218. In addition to amounts provided herein, payments 

made for research organisms or substances, authorized under section 301(a) of the PHS Act, shall be retained and credited to 

the appropriations accounts of the Institutes and Centers of the 

NIH making the substance or organism available under section 

301(a). Amounts credited to the account under this authority shall 

be available for obligation through September 30, 2017. 

SEC. 219. (a) The Biomedical Advanced Research and Development Authority (‘‘BARDA’’) may enter into a contract, for more 

than one but no more than 10 program years, for purchase of 

research services or of security countermeasures, as that term is 

defined in section 319F–2(c)(1)(B) of the PHS Act (42 U.S.C. 247d– 

6b(c)(1)(B)), if— 

(1) funds are available and obligated— 

(A) for the full period of the contract or for the first 

fiscal year in which the contract is in effect; and 

(B) for the estimated costs associated with a necessary 

termination of the contract; and 

(2) the Secretary determines that a multi-year contract 

will serve the best interests of the Federal Government by 

encouraging full and open competition or promoting economy 

in administration, performance, and operation of BARDA’s programs. 

(b) A contract entered into under this section— 

(1) shall include a termination clause as described by subsection (c) of section 3903 of title 41, United States Code; 

and 

(2) shall be subject to the congressional notice requirement 

stated in subsection (d) of such section. 

SEC. 220. (a) The Secretary shall establish a publicly accessible 

Web site to provide information regarding the uses of funds made 

available under section 4002 of the Patient Protection and Affordable Care Act of 2010 (‘‘ACA’’). 

(b) With respect to funds provided under section 4002 of the 

ACA, the Secretary shall include on the Web site established under 

subsection (a) at a minimum the following information: 

42 USC 300u–11 

note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2623 

(1) In the case of each transfer of funds under section 

4002(c), a statement indicating the program or activity receiving 

funds, the operating division or office that will administer the 

funds, and the planned uses of the funds, to be posted not 

later than the day after the transfer is made. 

(2) Identification (along with a link to the full text) of 

each funding opportunity announcement, request for proposals, 

or other announcement or solicitation of proposals for grants, 

cooperative agreements, or contracts intended to be awarded 

using such funds, to be posted not later than the day after 

the announcement or solicitation is issued. 

(3) Identification of each grant, cooperative agreement, or 

contract with a value of $25,000 or more awarded using such 

funds, including the purpose of the award and the identity 

of the recipient, to be posted not later than 5 days after the 

award is made. 

(4) A report detailing the uses of all funds transferred 

under section 4002(c) during the fiscal year, to be posted not 

later than 90 days after the end of the fiscal year. 

(c) With respect to awards made in fiscal years 2013 through 

2016, the Secretary shall also include on the Web site established 

under subsection (a), semi-annual reports from each entity awarded 

a grant, cooperative agreement, or contract from such funds with 

a value of $25,000 or more, summarizing the activities undertaken 

and identifying any sub-grants or sub-contracts awarded (including 

the purpose of the award and the identity of the recipient), to 

be posted not later than 30 days after the end of each 6-month 

period. 

(d) In carrying out this section, the Secretary shall— 

(1) present the information required in subsection (b)(1) 

on a single webpage or on a single database; 

(2) ensure that all information required in this section 

is directly accessible from the single webpage or database; 

and 

(3) ensure that all information required in this section 

is able to be organized by program or State. 

(TRANSFER OF FUNDS)

SEC. 221. (a) Within 45 days of enactment of this Act, the 

Secretary shall transfer funds appropriated under section 4002 

of the ACA to the accounts specified, in the amounts specified, 

and for the activities specified under the heading ‘‘Prevention and 

Public Health Fund’’ in the explanatory statement described in 

section 4 (in the matter preceding division A of this consolidated 

Act). 

(b) Notwithstanding section 4002(c) of the ACA, the Secretary 

may not further transfer these amounts. 

(c) Funds transferred for activities authorized under section 

2821 of the PHS Act shall be made available without reference 

to section 2821(b) of such Act. 

SEC. 222. (a) The Secretary shall publish in the fiscal year 

2017 budget justification and on Departmental Web sites information concerning the employment of full-time equivalent Federal 

employees or contractors for the purposes of implementing, administering, enforcing, or otherwise carrying out the provisions of the 


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129 STAT. 2624 PUBLIC LAW 114–113—DEC. 18, 2015 

ACA, and the amendments made by that Act, in the proposed 

fiscal year and each fiscal year since the enactment of the ACA. 

(b) With respect to employees or contractors supported by all 

funds appropriated for purposes of carrying out the ACA (and 

the amendments made by that Act), the Secretary shall include, 

at a minimum, the following information: 

(1) For each such fiscal year, the section of such Act under 

which such funds were appropriated, a statement indicating 

the program, project, or activity receiving such funds, the Federal operating division or office that administers such program, 

and the amount of funding received in discretionary or mandatory appropriations. 

(2) For each such fiscal year, the number of full-time 

equivalent employees or contracted employees assigned to each 

authorized and funded provision detailed in accordance with 

paragraph (1). 

(c) In carrying out this section, the Secretary may exclude 

from the report employees or contractors who— 

(1) are supported through appropriations enacted in laws 

other than the ACA and work on programs that existed prior 

to the passage of the ACA; 

(2) spend less than 50 percent of their time on activities 

funded by or newly authorized in the ACA; or 

(3) work on contracts for which FTE reporting is not a 

requirement of their contract, such as fixed-price contracts. 

SEC. 223. The Secretary shall publish, as part of the fiscal 

year 2017 budget of the President submitted under section 1105(a) 

of title 31, United States Code, information that details the uses 

of all funds used by the Centers for Medicare and Medicaid Services 

specifically for Health Insurance Exchanges for each fiscal year 

since the enactment of the ACA and the proposed uses for such 

funds for fiscal year 2017. Such information shall include, for each 

such fiscal year, the amount of funds used for each activity specified 

under the heading ‘‘Health Insurance Exchange Transparency’’ in 

the explanatory statement described in section 4 (in the matter 

preceding division A of this consolidated Act). 

SEC. 224. (a) The Secretary shall provide to the Committees 

on Appropriations of the House of Representatives and the Senate: 

(1) Detailed monthly enrollment figures from the 

Exchanges established under the Patient Protection and Affordable Care Act of 2010 pertaining to enrollments during the 

open enrollment period; and 

(2) Notification of any new or competitive grant awards, 

including supplements, authorized under section 330 of the 

Public Health Service Act. 

(b) The Committees on Appropriations of the House and Senate 

must be notified at least 2 business days in advance of any public 

release of enrollment information or the award of such grants. 

SEC. 225. None of the funds made available by this Act from 

the Federal Hospital Insurance Trust Fund or the Federal Supplemental Medical Insurance Trust Fund, or transferred from other 

accounts funded by this Act to the ‘‘Centers for Medicare and 

Medicaid Services—Program Management’’ account, may be used 

for payments under section 1342(b)(1) of Public Law 111–148 

(relating to risk corridors). 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2625 

SEC. 226. In addition to the amounts otherwise available for 

‘‘Centers for Medicare and Medicaid Services, Program Management’’, the Secretary of Health and Human Services may transfer 

up to $305,000,000 to such account from the Federal Hospital 

Insurance Trust Fund and the Federal Supplementary Medical 

Insurance Trust Fund to support program management activity 

related to the Medicare Program: Provided, That except for the 

foregoing purpose, such funds may not be used to support any 

provision of Public Law 111–148 or Public Law 111–152 (or any 

amendment made by either such Public Law) or to supplant any 

other amounts within such account. 

(RESCISSION)

SEC. 227. The following unobligated balances of amounts appropriated prior to fiscal year 2007 for ‘‘Department of Health and 

Human Services, Health Resources and Services Administration’’ 

are hereby permanently rescinded: 

(1) $281,003 appropriated to carry out section 1610(b) of 

the PHS Act; 

(2) $3,611 appropriated to carry out section 1602(c) of the 

PHS Act; 

(3) $105,576 appropriated in section 167 of division H of 

Public Law 108–199; and 

(4) $55,793 appropriated to carry out the National Cord 

Blood Stem Cell Bank Program. 

SEC. 228. The Secretary shall include in the fiscal year 2017 

budget justification an analysis of how section 2713 of the PHS 

Act will impact eligibility for discretionary HHS programs. 

SEC. 229. Effective during the period beginning on November 

1, 2015 and ending January 1, 2018, any provision of law that 

refers (including through cross-reference to another provision of 

law) to the current recommendations of the United States Preventive Services Task Force with respect to breast cancer screening, 

mammography, and prevention shall be administered by the Secretary involved as if— 

(1) such reference to such current recommendations were 

a reference to the recommendations of such Task Force with 

respect to breast cancer screening, mammography, and prevention last issued before 2009; and 

(2) such recommendations last issued before 2009 applied 

to any screening mammography modality under section 1861(jj) 

of the Social Security Act (42 U.S.C. 1395x(jj)). 

(TRANSFER OF FUNDS)

SEC. 230. (a) IN GENERAL.—Subject to the succeeding provisions 

of this section, activities authorized under part A of title IV and 

section 1108(b) of the Social Security Act shall continue through 

September 30, 2016, in the manner authorized for fiscal year 2015, 

and out of any money in the Treasury of the United States not 

otherwise appropriated, there are hereby appropriated such sums 

as may be necessary for such purpose. Grants and payments may 

be made pursuant to this authority through September 30, 2016 

at the level provided for such activities for fiscal year 2015, except 

as provided in subsection (b). 


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129 STAT. 2626 PUBLIC LAW 114–113—DEC. 18, 2015 

(b) CONTINGENCY FUND.—In the case of the Contingency Fund 

for State Welfare Programs established under section 403(b) of 

the Social Security Act— 

(1) the amount appropriated for such section 403(b) shall 

be $608,000,000 for each of fiscal years 2016 and 2017, notwithstanding section 228(b)(1) of the Department of Health and 

Human Services Appropriations Act, 2015; 

(2) the requirement to reserve funds provided for in section 

403(b)(2) of the Social Security Act shall not apply during 

fiscal years 2016 and 2017; and 

(3) grants and payments may only be made from such 

Fund for fiscal year 2016 after the application of subsection 

(c). 

(c) CENSUS RESEARCH AND WELFARE RESEARCH.—Of the 

amount made available under subsection (b)(1) for section 403(b) 

of the Social Security Act for fiscal year 2016— 

(1) $15,000,000 is hereby transferred to the Children’s 

Research and Technical Assistance account in the Administration for Children and Families at the Department of Health 

and Human Services and made available to carry out section 

413(h) of the Social Security Act; and 

(2) $10,000,000 is hereby transferred and made available 

to the Bureau of the Census to conduct activities using the 

Survey of Income and Program Participation to obtain information to enable interested parties to evaluate the impact of 

the amendments made by title I of the Personal Responsibility 

and Work Opportunity Reconciliation Act of 1996. 

SEC. 231. Section 1886(m)(6) of the Social Security Act (42 

U.S.C. 1395ww(m)(6)) is amended— 

(1) in subparagraph (A)(i) by striking ‘‘subparagraph (C)’’ 

and inserting ‘‘subparagraphs (C) and (E)’’; and 

(2) by adding at the end the following new subparagraph: 

‘‘(E) TEMPORARY EXCEPTION FOR CERTAIN SEVERE

WOUND DISCHARGES FROM CERTAIN LONG-TERM CARE HOSPITALS.— 

‘‘(i) IN GENERAL.—In the case of a discharge occurring prior to January 1, 2017, subparagraph (A)(i) shall 

not apply (and payment shall be made to a long-term 

care hospital without regard to this paragraph) if such 

discharge— 

‘‘(I) is from a long-term care hospital that is— 

‘‘(aa) identified by the amendment made 

by section 4417(a) of the Balanced Budget Act 

of 1997 (42 U.S.C. 1395ww note, Public Law 

105–33); and 

‘‘(bb) located in a rural area (as defined 

in subsection (d)(2)(D)) or treated as being 

so located pursuant to subsection (d)(8)(E); and 

‘‘(II) the individual discharged has a severe 

wound. 

‘‘(ii) SEVERE WOUND DEFINED.—In this subparagraph, the term ‘severe wound’ means a stage 3 wound, 

stage 4 wound, unstageable wound, non-healing surgical wound, infected wound, fistula, osteomyelitis, or 

wound with morbid obesity, as identified in the claim 

from the long-term care hospital.’’. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2627 

This title may be cited as the ‘‘Department of Health and 

Human Services Appropriations Act, 2016’’. 

TITLE III 

DEPARTMENT OF EDUCATION 

EDUCATION FOR THE DISADVANTAGED

For carrying out title I of the Elementary and Secondary Education Act of 1965 (referred to in this Act as ‘‘ESEA’’) and section 

418A of the Higher Education Act of 1965 (referred to in this 

Act as ‘‘HEA’’), $16,016,790,000, of which $5,127,006,000 shall 

become available on July 1, 2016, and shall remain available 

through September 30, 2017, and of which $10,841,177,000 shall 

become available on October 1, 2016, and shall remain available 

through September 30, 2017, for academic year 2016–2017: Provided, That $6,459,401,000 shall be for basic grants under section 

1124 of the ESEA: Provided further, That up to $3,984,000 of 

these funds shall be available to the Secretary of Education (referred 

to in this title as ‘‘Secretary’’) on October 1, 2015, to obtain annually 

updated local educational agency-level census poverty data from 

the Bureau of the Census: Provided further, That $1,362,301,000 

shall be for concentration grants under section 1124A of the ESEA: 

Provided further, That $3,544,050,000 shall be for targeted grants 

under section 1125 of the ESEA: Provided further, That 

$3,544,050,000 shall be for education finance incentive grants under 

section 1125A of the ESEA: Provided further, That funds available 

under sections 1124, 1124A, 1125 and 1125A of the ESEA may 

be used to provide homeless children and youths with services 

not ordinarily provided to other students under those sections, 

including supporting the liaison designated pursuant to section 

722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act, 

and providing transportation pursuant to section 722(g)(1)(J)(iii) 

of such Act: Provided further, That $450,000,000 shall be available 

for school improvement grants under section 1003(g) of the ESEA, 

which shall be allocated by the Secretary through the formula 

described in section 1003(g)(2) and shall be used consistent with 

the requirements of section 1003(g), except that State and local 

educational agencies may use such funds to serve any school eligible 

to receive assistance under part A of title I that has not made 

adequate yearly progress for at least 2 years or is in the State’s 

lowest quintile of performance based on proficiency rates and, in 

the case of secondary schools, priority shall be given to those schools 

with graduation rates below 60 percent: Provided further, That 

notwithstanding section 1003(g)(5)(C) of the ESEA, the Secretary 

may permit a State educational agency to establish an award period 

of up to 5 years for each participating local educational agency: 

Provided further, That funds available for school improvement 

grants for fiscal year 2014 and thereafter may be used by a local 

educational agency to implement a whole-school reform strategy 

for a school using an evidence-based strategy that ensures wholeschool reform is undertaken in partnership with a strategy developer offering a whole-school reform program that is based on at 

least a moderate level of evidence that the program will have 

a statistically significant effect on student outcomes, including at 

least one well-designed and well-implemented experimental or 

20 USC 6303a. 

Department of 

Education 

Appropriations 

Act, 2016. 


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129 STAT. 2628 PUBLIC LAW 114–113—DEC. 18, 2015 

quasi-experimental study: Provided further, That funds available 

for school improvement grants may be used by a local educational 

agency to implement an alternative State-determined school 

improvement strategy that has been established by a State educational agency with the approval of the Secretary: Provided further, 

That a local educational agency that is determined to be eligible 

for services under subpart 1 or 2 of part B of title VI of the 

ESEA may modify not more than one element of a school improvement grant model: Provided further, That notwithstanding section 

1003(g)(5)(A), each State educational agency may establish a maximum subgrant size of not more than $2,000,000 for each participating school applicable to such funds: Provided further, That the 

Secretary may reserve up to 5 percent of the funds available for 

section 1003(g) of the ESEA to carry out activities to build State 

and local educational agency capacity to implement effectively the 

school improvement grants program: Provided further, That 

$190,000,000 shall be available under section 1502 of the ESEA 

for a comprehensive literacy development and education program 

to advance literacy skills, including pre-literacy skills, reading, and 

writing, for students from birth through grade 12, including limitedEnglish-proficient students and students with disabilities, of which 

one-half of 1 percent shall be reserved for the Secretary of the 

Interior for such a program at schools funded by the Bureau of 

Indian Education, one-half of 1 percent shall be reserved for grants 

to the outlying areas for such a program, up to 5 percent may 

be reserved for national activities, and the remainder shall be 

used to award competitive grants to State educational agencies 

for such a program, of which a State educational agency may 

reserve up to 5 percent for State leadership activities, including 

technical assistance and training, data collection, reporting, and 

administration, and shall subgrant not less than 95 percent to 

local educational agencies or, in the case of early literacy, to local 

educational agencies or other nonprofit providers of early childhood 

education that partner with a public or private nonprofit organization or agency with a demonstrated record of effectiveness in 

improving the early literacy development of children from birth 

through kindergarten entry and in providing professional development in early literacy, giving priority to such agencies or other 

entities serving greater numbers or percentages of disadvantaged 

children: Provided further, That the State educational agency shall 

ensure that at least 15 percent of the subgranted funds are used 

to serve children from birth through age 5, 40 percent are used 

to serve students in kindergarten through grade 5, and 40 percent 

are used to serve students in middle and high school including 

an equitable distribution of funds between middle and high schools: 

Provided further, That eligible entities receiving subgrants from 

State educational agencies shall use such funds for services and 

activities that have the characteristics of effective literacy instruction through professional development, screening and assessment, 

targeted interventions for students reading below grade level and 

other research-based methods of improving classroom instruction 

and practice: Provided further, That $44,623,000 shall be for carrying out section 418A of the HEA. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2629 

IMPACT AID

For carrying out programs of financial assistance to federally 

affected schools authorized by title VIII of the ESEA, 

$1,305,603,000, of which $1,168,233,000 shall be for basic support 

payments under section 8003(b), $48,316,000 shall be for payments 

for children with disabilities under section 8003(d), $17,406,000 

shall be for construction under section 8007(a), $66,813,000 shall 

be for Federal property payments under section 8002, and 

$4,835,000, to remain available until expended, shall be for facilities 

maintenance under section 8008: Provided, That for purposes of 

computing the amount of a payment for an eligible local educational 

agency under section 8003(a) for school year 2015–2016, children 

enrolled in a school of such agency that would otherwise be eligible 

for payment under section 8003(a)(1)(B) of such Act, but due to 

the deployment of both parents or legal guardians, or a parent 

or legal guardian having sole custody of such children, or due 

to the death of a military parent or legal guardian while on active 

duty (so long as such children reside on Federal property as 

described in section 8003(a)(1)(B)), are no longer eligible under 

such section, shall be considered as eligible students under such 

section, provided such students remain in average daily attendance 

at a school in the same local educational agency they attended 

prior to their change in eligibility status. 

SCHOOL IMPROVEMENT PROGRAMS

For carrying out school improvement activities authorized by 

parts A and B of title II, part B of title IV, parts A and B of 

title VI, and parts B and C of title VII of the ESEA; the McKinneyVento Homeless Assistance Act; section 203 of the Educational 

Technical Assistance Act of 2002; the Compact of Free Association 

Amendments Act of 2003; and the Civil Rights Act of 1964, 

$4,433,629,000, of which $2,611,619,000 shall become available on 

July 1, 2016, and remain available through September 30, 2017, 

and of which $1,681,441,000 shall become available on October 

1, 2016, and shall remain available through September 30, 2017, 

for academic year 2016–2017: Provided, That funds made available 

to carry out part B of title VII of the ESEA may be used for 

construction, renovation, and modernization of any elementary 

school, secondary school, or structure related to an elementary 

school or secondary school, run by the Department of Education 

of the State of Hawaii, that serves a predominantly Native 

Hawaiian student body: Provided further, That funds made available to carry out part C of title VII of the ESEA shall be awarded 

on a competitive basis, and also may be used for construction: 

Provided further, That $51,445,000 shall be available to carry out 

section 203 of the Educational Technical Assistance Act of 2002 

and the Secretary shall make such arrangements as determined 

to be necessary to ensure that the Bureau of Indian Education 

has access to services provided under this section: Provided further, That $16,699,000 shall be available to carry out the Supplemental 

Education Grants program for the Federated States of Micronesia 

and the Republic of the Marshall Islands: Provided further, That 

the Secretary may reserve up to 5 percent of the amount referred 

to in the previous proviso to provide technical assistance in the 

implementation of these grants: Provided further, That up to 4.0 

percent of the funds for subpart 1 of part A of title II of the 


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129 STAT. 2630 PUBLIC LAW 114–113—DEC. 18, 2015 

ESEA shall be reserved by the Secretary for competitive awards 

for teacher or principal recruitment and training or professional 

enhancement activities, including for civic education instruction, 

to national not-for-profit organizations, of which up to 8 percent 

may only be used for research, dissemination, evaluation, and technical assistance for competitive awards carried out under this proviso: Provided further, That $152,717,000 shall be to carry out 

part B of title II of the ESEA: Provided further, That none of 

the funds made available by this Act shall be used to allow 21st 

Century Community Learning Centers initiative funding for 

expanded learning time unless these activities provide enrichment 

and engaging academic activities for students at least 300 additional 

program hours before, during, or after the traditional school day 

and supplements but does not supplant school day requirements. 

INDIAN EDUCATION

For expenses necessary to carry out, to the extent not otherwise provided, title VII, part A of the ESEA, $143,939,000. 

INNOVATION AND IMPROVEMENT

For carrying out activities authorized by part G of title I, 

subpart 5 of part A and parts C and D of title II, parts B, C, 

and D of title V of the ESEA, and section 14007 of division A 

of the American Recovery and Reinvestment Act of 2009, as 

amended, $1,181,226,000: Provided, That up to $120,000,000 shall 

be available through December 31, 2016 for section 14007 of division 

A of Public Law 111–5, and up to 5 percent of such funds may 

be used for technical assistance and the evaluation of activities 

carried out under such section: Provided further, That the education 

facilities clearinghouse established through a competitive process 

in fiscal year 2013 may collect and disseminate information on 

effective educational practices and the latest research on the planning, design, financing, construction, improvement, operation, and 

maintenance of safe, healthy, high-performance public facilities for 

early learning programs, kindergarten through grade 12, and higher 

education: Provided further, That $230,000,000 of the funds for 

subpart 1 of part D of title V of the ESEA shall be for competitive 

grants to local educational agencies, including charter schools that 

are local educational agencies, or States, or partnerships of: (1) 

a local educational agency, a State, or both; and (2) at least one 

nonprofit organization to develop and implement performance-based 

compensation systems for teachers, principals, and other personnel 

in high-need schools: Provided further, That such performancebased compensation systems must consider gains in student academic achievement as well as classroom evaluations conducted multiple times during each school year among other factors and provide 

educators with incentives to take on additional responsibilities and 

leadership roles: Provided further, That recipients of such grants 

shall demonstrate that such performance-based compensation systems are developed with the input of teachers and school leaders 

in the schools and local educational agencies to be served by the 

grant: Provided further, That recipients of such grants may use 

such funds to develop or improve systems and tools (which may 

be developed and used for the entire local educational agency or 

only for schools served under the grant) that would enhance the 

quality and success of the compensation system, such as highVerDate Sep 11 2014 11:44 Mar 02, 2016 Jkt 059139 PO 00113 Frm 00390 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL113.114 PUBL113

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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2631 

quality teacher evaluations and tools to measure growth in student 

achievement: Provided further, That applications for such grants 

shall include a plan to sustain financially the activities conducted 

and systems developed under the grant once the grant period has 

expired: Provided further, That up to 5 percent of such funds 

for competitive grants shall be available for technical assistance, 

training, peer review of applications, program outreach, and evaluation activities: Provided further, That $250,000,000 of the funds 

for part D of title V of the ESEA shall be available through 

December 31, 2016 for carrying out, in accordance with the 

applicable requirements of part D of title V of the ESEA, a preschool 

development grants program: Provided further, That the Secretary, 

jointly with the Secretary of HHS, shall make competitive awards 

to States for activities that build the capacity within the State 

to develop, enhance, or expand high-quality preschool programs, 

including comprehensive services and family engagement, for preschool-aged children from families at or below 200 percent of the 

Federal poverty line: Provided further, That each State may 

subgrant a portion of such grant funds to local educational agencies 

and other early learning providers (including, but not limited to, 

Head Start programs and licensed child care providers), or consortia 

thereof, for the implementation of high-quality preschool programs 

for children from families at or below 200 percent of the Federal 

poverty line: Provided further, That subgrantees that are local 

educational agencies shall form strong partnerships with early 

learning providers and that subgrantees that are early learning 

providers shall form strong partnerships with local educational 

agencies, in order to carry out the requirements of the subgrant: 

Provided further, That up to 3 percent of such funds for preschool 

development grants shall be available for technical assistance, 

evaluation, and other national activities related to such grants: 

Provided further, That $10,000,000 of funds available under part 

D of title V of the ESEA shall be for the Full-Service Community 

Schools program: Provided further, That of the funds available 

for part B of title V of the ESEA, the Secretary shall use up 

to $10,000,000 to carry out activities under section 5205(b) and 

shall use not less than $16,000,000 for subpart 2: Provided further, 

That of the funds available for subpart 1 of part B of title V 

of the ESEA, and notwithstanding section 5205(a), the Secretary 

shall reserve up to $100,000,000 to make multiple awards to nonprofit charter management organizations and other entities that 

are not for-profit entities for the replication and expansion of 

successful charter school models and shall reserve not less than 

$11,000,000 to carry out the activities described in section 5205(a), 

including improving quality and oversight of charter schools and 

providing technical assistance and grants to authorized public chartering agencies in order to increase the number of high-performing 

charter schools: Provided further, That funds available for part 

B of title V of the ESEA may be used for grants that support 

preschool education in charter schools: Provided further, That each 

application submitted pursuant to section 5203(a) shall describe 

a plan to monitor and hold accountable authorized public chartering 

agencies through such activities as providing technical assistance 

or establishing a professional development program, which may 

include evaluation, planning, training, and systems development 

for staff of authorized public chartering agencies to improve the 

capacity of such agencies in the State to authorize, monitor, and 


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129 STAT. 2632 PUBLIC LAW 114–113—DEC. 18, 2015 

hold accountable charter schools: Provided further, That each 

application submitted pursuant to section 5203(a) shall contain 

assurances that State law, regulations, or other policies require 

that: (1) each authorized charter school in the State operate under 

a legally binding charter or performance contract between itself 

and the school’s authorized public chartering agency that describes 

the rights and responsibilities of the school and the public chartering agency; conduct annual, timely, and independent audits of 

the school’s financial statements that are filed with the school’s 

authorized public chartering agency; and demonstrate improved 

student academic achievement; and (2) authorized public chartering 

agencies use increases in student academic achievement for all 

groups of students described in section 1111(b)(2)(C)(v) of the ESEA 

as one of the most important factors when determining to renew 

or revoke a school’s charter. 

SAFE SCHOOLS AND CITIZENSHIP EDUCATION

For carrying out activities authorized by part A of title IV 

and subparts 1, 2, and 10 of part D of title V of the ESEA, 

$244,815,000: Provided, That $75,000,000 shall be available for 

subpart 2 of part A of title IV, of which up to $5,000,000, to 

remain available until expended, shall be for the Project School 

Emergency Response to Violence (‘‘Project SERV’’) program to provide education-related services to local educational agencies and 

institutions of higher education in which the learning environment 

has been disrupted due to a violent or traumatic crisis: Provided 

further, That $73,254,000 shall be available through December 31, 

2016 for Promise Neighborhoods. 

ENGLISH LANGUAGE ACQUISITION

For carrying out part A of title III of the ESEA, $737,400,000, 

which shall become available on July 1, 2016, and shall remain 

available through September 30, 2017, except that 6.5 percent 

of such amount shall be available on October 1, 2015, and shall 

remain available through September 30, 2017, to carry out activities 

under section 3111(c)(1)(C): Provided, That the Secretary shall use 

estimates of the American Community Survey child counts for 

the most recent 3-year period available to calculate allocations 

under such part. 

SPECIAL EDUCATION

For carrying out the Individuals with Disabilities Education 

Act (IDEA) and the Special Olympics Sport and Empowerment 

Act of 2004, $12,976,858,000, of which $3,456,259,000 shall become 

available on July 1, 2016, and shall remain available through 

September 30, 2017, and of which $9,283,383,000 shall become 

available on October 1, 2016, and shall remain available through 

September 30, 2017, for academic year 2016–2017: Provided, That 

the amount for section 611(b)(2) of the IDEA shall be equal to 

the lesser of the amount available for that activity during fiscal 

year 2015, increased by the amount of inflation as specified in 

section 619(d)(2)(B) of the IDEA, or the percent change in the 

funds appropriated under section 611(i) of the IDEA, but not less 

than the amount for that activity during fiscal year 2015: Provided 

further, That the Secretary shall, without regard to section 611(d) 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2633 

of the IDEA, distribute to all other States (as that term is defined 

in section 611(g)(2)), subject to the third proviso, any amount by 

which a State’s allocation under section 611(d), from funds appropriated under this heading, is reduced under section 612(a)(18)(B), 

according to the following: 85 percent on the basis of the States’ 

relative populations of children aged 3 through 21 who are of 

the same age as children with disabilities for whom the State 

ensures the availability of a free appropriate public education under 

this part, and 15 percent to States on the basis of the States’ 

relative populations of those children who are living in poverty: 

Provided further, That the Secretary may not distribute any funds 

under the previous proviso to any State whose reduction in allocation from funds appropriated under this heading made funds available for such a distribution: Provided further, That the States 

shall allocate such funds distributed under the second proviso to 

local educational agencies in accordance with section 611(f): Provided further, That the amount by which a State’s allocation under 

section 611(d) of the IDEA is reduced under section 612(a)(18)(B) 

and the amounts distributed to States under the previous provisos 

in fiscal year 2012 or any subsequent year shall not be considered 

in calculating the awards under section 611(d) for fiscal year 2013 

or for any subsequent fiscal years: Provided further, That, notwithstanding the provision in section 612(a)(18)(B) regarding the fiscal 

year in which a State’s allocation under section 611(d) is reduced 

for failure to comply with the requirement of section 612(a)(18)(A), 

the Secretary may apply the reduction specified in section 

612(a)(18)(B) over a period of consecutive fiscal years, not to exceed 

five, until the entire reduction is applied: Provided further, That 

the Secretary may, in any fiscal year in which a State’s allocation 

under section 611 is reduced in accordance with section 

612(a)(18)(B), reduce the amount a State may reserve under section 

611(e)(1) by an amount that bears the same relation to the maximum amount described in that paragraph as the reduction under 

section 612(a)(18)(B) bears to the total allocation the State would 

have received in that fiscal year under section 611(d) in the absence 

of the reduction: Provided further, That the Secretary shall either 

reduce the allocation of funds under section 611 for any fiscal 

year following the fiscal year for which the State fails to comply 

with the requirement of section 612(a)(18)(A) as authorized by 

section 612(a)(18)(B), or seek to recover funds under section 452 

of the General Education Provisions Act (20 U.S.C. 1234a): Provided 

further, That the funds reserved under 611(c) of the IDEA may 

be used to provide technical assistance to States to improve the 

capacity of the States to meet the data collection requirements 

of sections 616 and 618 and to administer and carry out other 

services and activities to improve data collection, coordination, 

quality, and use under parts B and C of the IDEA: Provided 

further, That the level of effort a local educational agency must 

meet under section 613(a)(2)(A)(iii) of the IDEA, in the year after 

it fails to maintain effort is the level of effort that would have 

been required in the absence of that failure and not the LEA’s 

reduced level of expenditures: Provided further, That the Secretary 

may use funds made available for the State Personnel Development 

Grants program under part D, subpart 1 of IDEA to evaluate 

program performance under such subpart. 

20 USC 1411 

note. 

20 USC 1411 

note. 


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129 STAT. 2634 PUBLIC LAW 114–113—DEC. 18, 2015 

REHABILITATION SERVICES AND DISABILITY RESEARCH

For carrying out, to the extent not otherwise provided, the 

Rehabilitation Act of 1973 and the Helen Keller National Center 

Act, $3,529,605,000, of which $3,391,770,000 shall be for grants 

for vocational rehabilitation services under title I of the Rehabilitation Act: Provided, That the Secretary may use amounts provided 

in this Act that remain available subsequent to the reallotment 

of funds to States pursuant to section 110(b) of the Rehabilitation 

Act for innovative activities aimed at improving the outcomes of 

individuals with disabilities as defined in section 7(20)(B) of the 

Rehabilitation Act, including activities aimed at improving the education and post-school outcomes of children receiving Supplemental 

Security Income (‘‘SSI’’) and their families that may result in longterm improvement in the SSI child recipient’s economic status 

and self-sufficiency: Provided further, That States may award subgrants for a portion of the funds to other public and private, 

nonprofit entities: Provided further, That any funds made available 

subsequent to reallotment for innovative activities aimed at 

improving the outcomes of individuals with disabilities shall remain 

available until September 30, 2017. 

SPECIAL INSTITUTIONS FOR PERSONS WITH DISABILITIES

AMERICAN PRINTING HOUSE FOR THE BLIND

For carrying out the Act of March 3, 1879, $25,431,000. 

NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

For the National Technical Institute for the Deaf under titles 

I and II of the Education of the Deaf Act of 1986, $70,016,000: 

Provided, That from the total amount available, the Institute may 

at its discretion use funds for the endowment program as authorized 

under section 207 of such Act. 

GALLAUDET UNIVERSITY

For the Kendall Demonstration Elementary School, the Model 

Secondary School for the Deaf, and the partial support of Gallaudet 

University under titles I and II of the Education of the Deaf 

Act of 1986, $121,275,000: Provided, That from the total amount 

available, the University may at its discretion use funds for the 

endowment program as authorized under section 207 of such Act. 

CAREER, TECHNICAL, AND ADULT EDUCATION

For carrying out, to the extent not otherwise provided, the 

Carl D. Perkins Career and Technical Education Act of 2006 and 

the Adult Education and Family Literacy Act (‘‘AEFLA’’), 

$1,720,686,000, of which $929,686,000 shall become available on 

July 1, 2016, and shall remain available through September 30, 

2017, and of which $791,000,000 shall become available on October 

1, 2016, and shall remain available through September 30, 2017: 

Provided, That of the amounts made available for AEFLA, 

$13,712,000 shall be for national leadership activities under section 

242. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2635 

STUDENT FINANCIAL ASSISTANCE

For carrying out subparts 1, 3, and 10 of part A, and part 

C of title IV of the HEA, $24,198,210,000, which shall remain 

available through September 30, 2017. 

The maximum Pell Grant for which a student shall be eligible 

during award year 2016–2017 shall be $4,860. 

STUDENT AID ADMINISTRATION

For Federal administrative expenses to carry out part D of 

title I, and subparts 1, 3, 9, and 10 of part A, and parts B, 

C, D, and E of title IV of the HEA, and subpart 1 of part A 

of title VII of the Public Health Service Act, $1,551,854,000, to 

remain available through September 30, 2017: Provided, That the 

Secretary shall, no later than March 1, 2016, allocate new student 

loan borrower accounts to eligible student loan servicers on the 

basis of their performance compared to all loan servicers utilizing 

established common metrics, and on the basis of the capacity of 

each servicer to process new and existing accounts. 

HIGHER EDUCATION

For carrying out, to the extent not otherwise provided, titles 

II, III, IV, V, VI, and VII of the HEA, the Mutual Educational 

and Cultural Exchange Act of 1961, and section 117 of the Carl 

D. Perkins Career and Technical Education Act of 2006, 

$1,982,185,000: Provided, That notwithstanding any other provision 

of law, funds made available in this Act to carry out title VI 

of the HEA and section 102(b)(6) of the Mutual Educational and 

Cultural Exchange Act of 1961 may be used to support visits 

and study in foreign countries by individuals who are participating 

in advanced foreign language training and international studies 

in areas that are vital to United States national security and 

who plan to apply their language skills and knowledge of these 

countries in the fields of government, the professions, or international development: Provided further, That of the funds referred 

to in the preceding proviso up to 1 percent may be used for program 

evaluation, national outreach, and information dissemination activities: Provided further, That up to 1.5 percent of the funds made 

available under chapter 2 of subpart 2 of part A of title IV of 

the HEA may be used for evaluation. 

HOWARD UNIVERSITY

For partial support of Howard University, $221,821,000, of 

which not less than $3,405,000 shall be for a matching endowment 

grant pursuant to the Howard University Endowment Act and 

shall remain available until expended. 

COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS PROGRAM

For Federal administrative expenses to carry out activities 

related to existing facility loans pursuant to section 121 of the 

HEA, $435,000. 

20 USC 1070a 

note. 


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129 STAT. 2636 PUBLIC LAW 114–113—DEC. 18, 2015 

HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL

FINANCING PROGRAM ACCOUNT

For the cost of guaranteed loans, $20,150,000, as authorized 

pursuant to part D of title III of the HEA, which shall remain 

available through September 30, 2017: Provided, That such costs, 

including the cost of modifying such loans, shall be as defined 

in section 502 of the Congressional Budget Act of 1974: Provided 

further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed 

$302,099,000: Provided further, That these funds may be used to 

support loans to public and private Historically Black Colleges 

and Universities without regard to the limitations within section 

344(a) of the HEA. 

In addition, for administrative expenses to carry out the Historically Black College and University Capital Financing Program 

entered into pursuant to part D of title III of the HEA, $334,000. 

INSTITUTE OF EDUCATION SCIENCES

For carrying out activities authorized by the Education Sciences 

Reform Act of 2002, the National Assessment of Educational 

Progress Authorization Act, section 208 of the Educational Technical 

Assistance Act of 2002, and section 664 of the Individuals with 

Disabilities Education Act, $618,015,000, which shall remain available through September 30, 2017: Provided, That funds available 

to carry out section 208 of the Educational Technical Assistance 

Act may be used to link Statewide elementary and secondary data 

systems with early childhood, postsecondary, and workforce data 

systems, or to further develop such systems: Provided further, That 

up to $6,000,000 of the funds available to carry out section 208 

of the Educational Technical Assistance Act may be used for awards 

to public or private organizations or agencies to support activities 

to improve data coordination, quality, and use at the local, State, 

and national levels: Provided further, That $157,235,000 shall be 

for carrying out activities authorized by the National Assessment 

of Educational Progress Authorization Act. 

DEPARTMENTAL MANAGEMENT

PROGRAM ADMINISTRATION

For carrying out, to the extent not otherwise provided, the 

Department of Education Organization Act, including rental of conference rooms in the District of Columbia and hire of three passenger motor vehicles, $432,000,000, of which up to $1,000,000, 

to remain available until expended, may be for relocation of, and 

renovation of buildings occupied by, Department staff. 

OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization 

Act, $107,000,000. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2637 

OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General, 

as authorized by section 212 of the Department of Education 

Organization Act, $59,256,000. 

GENERAL PROVISIONS

SEC. 301. No funds appropriated in this Act may be used 

for the transportation of students or teachers (or for the purchase 

of equipment for such transportation) in order to overcome racial 

imbalance in any school or school system, or for the transportation 

of students or teachers (or for the purchase of equipment for such 

transportation) in order to carry out a plan of racial desegregation 

of any school or school system. 

SEC. 302. None of the funds contained in this Act shall be 

used to require, directly or indirectly, the transportation of any 

student to a school other than the school which is nearest the 

student’s home, except for a student requiring special education, 

to the school offering such special education, in order to comply 

with title VI of the Civil Rights Act of 1964. For the purpose 

of this section an indirect requirement of transportation of students 

includes the transportation of students to carry out a plan involving 

the reorganization of the grade structure of schools, the pairing 

of schools, or the clustering of schools, or any combination of grade 

restructuring, pairing, or clustering. The prohibition described in 

this section does not include the establishment of magnet schools. 

SEC. 303. No funds appropriated in this Act may be used 

to prevent the implementation of programs of voluntary prayer 

and meditation in the public schools. 

(TRANSFER OF FUNDS)

SEC. 304. Not to exceed 1 percent of any discretionary funds 

(pursuant to the Balanced Budget and Emergency Deficit Control 

Act of 1985) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but 

no such appropriation shall be increased by more than 3 percent 

by any such transfer: Provided, That the transfer authority granted 

by this section shall not be used to create any new program or 

to fund any project or activity for which no funds are provided 

in this Act: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified 

at least 15 days in advance of any transfer. 

SEC. 305. The Outlying Areas may consolidate funds received 

under this Act, pursuant to 48 U.S.C. 1469a, under part A of 

title V of the ESEA. 

SEC. 306. Section 105(f)(1)(B)(ix) of the Compact of Free 

Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(ix)) 

shall be applied by substituting ‘‘2016’’ for ‘‘2009’’. 

SEC. 307. The Secretary, in consultation with the Director 

of the Institute of Education Sciences, may reserve funds under 

section 9601 of the ESEA (subject to the limitations in subsections 

(b) and (c) of that section) in order to carry out activities authorized 

under paragraphs (1) and (2) of subsection (a) of that section with 

respect to any ESEA program funded in this Act and without 

respect to the source of funds for those activities: Provided, That 

high-quality evaluations of ESEA programs shall be prioritized, 

48 USC 1921d 

note. 


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129 STAT. 2638 PUBLIC LAW 114–113—DEC. 18, 2015 

before using funds for any other evaluation activities: Provided 

further, That any funds reserved under this section shall be available from July 1, 2016 through September 30, 2017: Provided 

further, That not later than 10 days prior to the initial obligation 

of funds reserved under this section, the Secretary, in consultation 

with the Director, shall submit an evaluation plan to the Senate 

Committees on Appropriations and Health, Education, Labor, and 

Pensions and the House Committees on Appropriations and Education and the Workforce which identifies the source and amount 

of funds reserved under this section, the impact on program 

grantees if funds are withheld, the programs to be evaluated with 

such funds, how ESEA programs will be regularly evaluated, and 

how findings from evaluations completed under this section will 

be widely disseminated. 

SEC. 308. (a) An institution of higher education that maintains 

an endowment fund supported with funds appropriated for title 

III or V of the HEA for fiscal year 2016 may use the income 

from that fund to award scholarships to students, subject to the 

limitation in section 331(c)(3)(B)(i) of the HEA. The use of such 

income for such purposes, prior to the enactment of this Act, shall 

be considered to have been an allowable use of that income, subject 

to that limitation. 

(b) Subsection (a) shall be in effect until titles III and V of 

the HEA are reauthorized. 

SEC. 309. Section 114(f) of the HEA (20 U.S.C. 1011c(f)) is 

amended by striking ‘‘2015’’ and inserting ‘‘2016’’. 

SEC. 310. Section 458(a) of the HEA (20 U.S.C. 1087h(a)) is 

amended in paragraph (4) by striking ‘‘2014’’ and inserting ‘‘2016’’. 

SEC. 311. Section 428(c)(1) of the HEA (20 U.S.C. 1078(c)(1)) 

is amended by striking ‘‘95 percent’’ and inserting ‘‘100 percent’’. 

SEC. 312. Notwithstanding section 5(b) of the Every Student 

Succeeds Act, funds provided in this Act for non-competitive formula 

grant programs authorized by the ESEA for use during academic 

year 2016–2017 shall be administered in accordance with the ESEA 

as in effect on the day before the date of enactment of the Every 

Student Succeeds Act. 

SEC. 313. CAREER PATHWAYS PROGRAMS.— 

(1) Subsection (d) of section 484 of the HEA is amended 

by replacing (d)(2) with the following: 

‘‘(2) ELIGIBLE CAREER PATHWAY PROGRAM.—In this subsection, the term ‘eligible career pathway program’ means a 

program that combines rigorous and high-quality education, 

training, and other services that— 

‘‘(A) aligns with the skill needs of industries in the 

economy of the State or regional economy involved; 

‘‘(B) prepares an individual to be successful in any 

of a full range of secondary or postsecondary education 

options, including apprenticeships registered under the Act 

of August 16, 1937 (commonly known as the ‘National 

Apprenticeship Act’; 50 Stat. 664, chapter 663; 29 U.S.C. 

50 et seq.) (referred to individually in this Act as an 

‘apprenticeship’, except in section 171); 

‘‘(C) includes counseling to support an individual in 

achieving the individual’s education and career goals; 

20 USC 1091. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2639 

‘‘(D) includes, as appropriate, education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or 

occupational cluster; 

‘‘(E) organizes education, training, and other services 

to meet the particular needs of an individual in a manner 

that accelerates the educational and career advancement 

of the individual to the extent practicable; 

‘‘(F) enables an individual to attain a secondary school 

diploma or its recognized equivalent, and at least 1 recognized postsecondary credential; and 

‘‘(G) helps an individual enter or advance within a 

specific occupation or occupational cluster.’’. 

(2) Subsection (b) of section 401 of the HEA is amended 

by striking the addition to (b)(2)(A)(ii) made by subsection 

309(b) of division G of Public Law 113–235. 

This title may be cited as the ‘‘Department of Education Appropriations Act, 2016’’. 

TITLE IV 

RELATED AGENCIES 

COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR

SEVERELY DISABLED

SALARIES AND EXPENSES

For expenses necessary for the Committee for Purchase From 

People Who Are Blind or Severely Disabled established under section 8502 of title 41, United States Code, $6,191,000: Provided, That in order to authorize any central nonprofit agency designated 

pursuant to section 8503(c) of title 41, United States Code, to 

perform contract requirements of the Committee as prescribed 

under section 51–3.2 of title 41, Code of Federal Regulations, the 

Committee shall within 180 days after the date of enactment of 

this Act enter into a written agreement with any such central 

nonprofit agency: Provided further, That such agreement entered 

into under the preceding proviso shall contain such auditing, oversight, and reporting provisions as necessary to implement chapter 

85 of title 41, United States Code: Provided further, That such 

agreement shall include the elements listed under the heading 

‘‘Committee For Purchase From People Who Are Blind or Severely 

Disabled—Written Agreement Elements’’ in the explanatory statement described in section 4 (in the matter preceding division A 

of this consolidated Act): Provided further, That after 180 days 

from the date of enactment of this Act a fee may not be charged 

under section 51–3.5 of title 41, Code of Federal Regulations, unless 

such fee is under the terms of the written agreement between 

the Committee and any such central nonprofit agency: Provided 

further, That no less than $750,000 shall be available for the 

Office of Inspector General. 

ADMINISTRATIVE PROVISIONS

SEC. 401. (a) Section 8G of the Inspector General Act of 1978 

(5 U.S.C. App.) is amended— 

(1) in subsection (a)— 

5 USC app. 8G. 

20 USC 1070a. 


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129 STAT. 2640 PUBLIC LAW 114–113—DEC. 18, 2015 

(A) in paragraph (2), by inserting ‘‘the Committee for 

Purchase From People Who Are Blind or Severely Disabled,’’ after ‘‘the Board for International Broadcasting,’’; 

and 

(B) in paragraph (4)— 

(i) by redesignating subparagraphs (D) through 

(H) as subparagraphs (E) through (I), respectively; and 

(ii) by inserting after subparagraph (C) the following new subparagraph: 

‘‘(D) with respect to the Committee for Purchase From 

People Who Are Blind or Severely Disabled, such term 

means the Chairman of the Committee for Purchase From 

People Who Are Blind or Severely Disabled;’’; and 

(2) in subsection (e)(1)— 

(A) by striking ‘‘board or commission’’, the first place 

it appears, and inserting ‘‘board, chairman of a committee, 

or commission’’; and 

(B) by striking ‘‘board or commission’’, the second place 

it appears, and inserting ‘‘board, committee, or commission’’. 

(b) Not later than 180 days after the date of the enactment 

of this Act, the Chairman of the Committee for Purchase From 

People Who Are Blind or Severely Disabled shall appoint an 

Inspector General for the Committee. 

(c) This section, and the amendments made by this section, 

shall take effect on the date that is 180 days after the date of 

the enactment of this Act. 

SEC. 402. Not later than 30 days after the end of each fiscal 

year quarter, beginning with the first quarter of fiscal year 2016, 

the Committee For Purchase From People Who Are Blind or 

Severely Disabled shall submit to the Committees on Oversight 

and Government Reform and Education and the Workforce of the 

House of Representatives, the Committees on Homeland Security 

and Governmental Affairs and Health, Education, Labor, and Pensions of the Senate, and the Committees on Appropriations of 

the House of Representatives and the Senate, the reports described 

under the heading ‘‘Committee For Purchase From People Who 

Are Blind or Severely Disabled—Requested Reports’’ in the explanatory statement described in section 4 (in the matter preceding 

division A of this consolidated Act). 

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

OPERATING EXPENSES

For necessary expenses for the Corporation for National and 

Community Service (referred to in this title as ‘‘CNCS’’) to carry 

out the Domestic Volunteer Service Act of 1973 (referred to in 

this title as ‘‘1973 Act’’) and the National and Community Service 

Act of 1990 (referred to in this title as ‘‘1990 Act’’), $787,929,000, 

notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and 

501(a)(4)(F) of the 1990 Act: Provided, That of the amounts provided 

under this heading: (1) up to 1 percent of program grant funds 

may be used to defray the costs of conducting grant application 

reviews, including the use of outside peer reviewers and electronic 

management of the grants cycle; (2) $50,000,000 shall be available 

for expenses to carry out section 198K of the 1990 Act; (3) 

5 USC app. 8G 

note. 

5 USC app. 8G 

note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2641 

$16,038,000 shall be available to provide assistance to State 

commissions on national and community service, under section 

126(a) of the 1990 Act and notwithstanding section 501(a)(5)(B) 

of the 1990 Act; (4) $30,000,000 shall be available to carry out 

subtitle E of the 1990 Act; and (5) $3,800,000 shall be available 

for expenses authorized under section 501(a)(4)(F) of the 1990 Act, 

which, notwithstanding the provisions of section 198P shall be 

awarded by CNCS on a competitive basis: Provided further, That 

for the purposes of carrying out the 1990 Act, satisfying the requirements in section 122(c)(1)(D) may include a determination of need 

by the local community: Provided further, That not to exceed 20 

percent of funds made available under section 198K of the 1990 

Act may be used for Social Innovation Fund Pilot Program-related 

performance-based awards for Pay for Success projects and shall 

remain available through September 30, 2017: Provided further, 

That, with respect to the previous proviso, any funds obligated 

for such projects shall remain available for disbursement until 

expended, notwithstanding 31 U.S.C. 1552(a): Provided further, 

That any funds deobligated from projects under section 198K of 

the 1990 Act shall immediately be available for activities authorized 

under section 198K of such Act. 

PAYMENT TO THE NATIONAL SERVICE TRUST

(INCLUDING TRANSFER OF FUNDS)

For payment to the National Service Trust established under 

subtitle D of title I of the 1990 Act, $220,000,000, to remain available until expended: Provided, That CNCS may transfer additional 

funds from the amount provided within ‘‘Operating Expenses’’ allocated to grants under subtitle C of title I of the 1990 Act to 

the National Service Trust upon determination that such transfer 

is necessary to support the activities of national service participants 

and after notice is transmitted to the Committees on Appropriations 

of the House of Representatives and the Senate: Provided further, 

That amounts appropriated for or transferred to the National 

Service Trust may be invested under section 145(b) of the 1990 

Act without regard to the requirement to apportion funds under 

31 U.S.C. 1513(b). 

SALARIES AND EXPENSES

For necessary expenses of administration as provided under 

section 501(a)(5) of the 1990 Act and under section 504(a) of the 

1973 Act, including payment of salaries, authorized travel, hire 

of passenger motor vehicles, the rental of conference rooms in 

the District of Columbia, the employment of experts and consultants 

authorized under 5 U.S.C. 3109, and not to exceed $2,500 for 

official reception and representation expenses, $81,737,000. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in 

carrying out the Inspector General Act of 1978, $5,250,000. 


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129 STAT. 2642 PUBLIC LAW 114–113—DEC. 18, 2015 

ADMINISTRATIVE PROVISIONS

SEC. 403. CNCS shall make any significant changes to program 

requirements, service delivery or policy only through public notice 

and comment rulemaking. For fiscal year 2016, during any grant 

selection process, an officer or employee of CNCS shall not knowingly disclose any covered grant selection information regarding 

such selection, directly or indirectly, to any person other than 

an officer or employee of CNCS that is authorized by CNCS to 

receive such information. 

SEC. 404. AmeriCorps programs receiving grants under the 

National Service Trust program shall meet an overall minimum 

share requirement of 24 percent for the first 3 years that they 

receive AmeriCorps funding, and thereafter shall meet the overall 

minimum share requirement as provided in section 2521.60 of title 

45, Code of Federal Regulations, without regard to the operating 

costs match requirement in section 121(e) or the member support 

Federal share limitations in section 140 of the 1990 Act, and subject 

to partial waiver consistent with section 2521.70 of title 45, Code 

of Federal Regulations. 

SEC. 405. Donations made to CNCS under section 196 of the 

1990 Act for the purposes of financing programs and operations 

under titles I and II of the 1973 Act or subtitle B, C, D, or 

E of title I of the 1990 Act shall be used to supplement and 

not supplant current programs and operations. 

SEC. 406. In addition to the requirements in section 146(a) 

of the 1990 Act, use of an educational award for the purpose 

described in section 148(a)(4) shall be limited to individuals who 

are veterans as defined under section 101 of the Act. 

SEC. 407. For the purpose of carrying out section 189D of 

the 1990 Act— 

(1) entities described in paragraph (a) of such section shall 

be considered ‘‘qualified entities’’ under section 3 of the National 

Child Protection Act of 1993 (‘‘NCPA’’); and 

(2) individuals described in such section shall be considered 

‘‘volunteers’’ under section 3 of NCPA; and 

(3) State Commissions on National and Community Service 

established pursuant to section 178 of the 1990 Act, are authorized to receive criminal history record information, consistent 

with Public Law 92–544. 

CORPORATION FOR PUBLIC BROADCASTING

For payment to the Corporation for Public Broadcasting 

(‘‘CPB’’), as authorized by the Communications Act of 1934, an 

amount which shall be available within limitations specified by 

that Act, for the fiscal year 2018, $445,000,000: Provided, That 

none of the funds made available to CPB by this Act shall be 

used to pay for receptions, parties, or similar forms of entertainment 

for Government officials or employees: Provided further, That none 

of the funds made available to CPB by this Act shall be available 

or used to aid or support any program or activity from which 

any person is excluded, or is denied benefits, or is discriminated 

against, on the basis of race, color, national origin, religion, or 

sex: Provided further, That none of the funds made available to 

CPB by this Act shall be used to apply any political test or qualification in selecting, appointing, promoting, or taking any other personnel action with respect to officers, agents, and employees of 

42 USC 12571 

note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2643 

CPB: Provided further, That none of the funds made available 

to CPB by this Act shall be used to support the Television Future 

Fund or any similar purpose. 

In addition, for the costs associated with replacing and 

upgrading the public broadcasting interconnection system, 

$40,000,000. 

FEDERAL MEDIATION AND CONCILIATION SERVICE

SALARIES AND EXPENSES

For expenses necessary for the Federal Mediation and Conciliation Service (‘‘Service’’) to carry out the functions vested in it 

by the Labor-Management Relations Act, 1947, including hire of 

passenger motor vehicles; for expenses necessary for the LaborManagement Cooperation Act of 1978; and for expenses necessary 

for the Service to carry out the functions vested in it by the 

Civil Service Reform Act, $48,748,000, including up to $400,000 

to remain available through September 30, 2017, for activities 

authorized by the Labor-Management Cooperation Act of 1978: 

Provided, That notwithstanding 31 U.S.C. 3302, fees charged, up 

to full-cost recovery, for special training activities and other conflict 

resolution services and technical assistance, including those provided to foreign governments and international organizations, and 

for arbitration services shall be credited to and merged with this 

account, and shall remain available until expended: Provided further, That fees for arbitration services shall be available only for 

education, training, and professional development of the agency 

workforce: Provided further, That the Director of the Service is 

authorized to accept and use on behalf of the United States gifts 

of services and real, personal, or other property in the aid of 

any projects or functions within the Director’s jurisdiction. 

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Federal Mine Safety and Health Review Commission, $17,085,000. 

INSTITUTE OF MUSEUM AND LIBRARY SERVICES

OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND

ADMINISTRATION

For carrying out the Museum and Library Services Act of 

1996 and the National Museum of African American History and 

Culture Act, $230,000,000. 

MEDICAID AND CHIP PAYMENT AND ACCESS COMMISSION

SALARIES AND EXPENSES

For expenses necessary to carry out section 1900 of the Social 

Security Act, $7,765,000. 


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129 STAT. 2644 PUBLIC LAW 114–113—DEC. 18, 2015 

MEDICARE PAYMENT ADVISORY COMMISSION

SALARIES AND EXPENSES

For expenses necessary to carry out section 1805 of the Social 

Security Act, $11,925,000, to be transferred to this appropriation 

from the Federal Hospital Insurance Trust Fund and the Federal 

Supplementary Medical Insurance Trust Fund. 

NATIONAL COUNCIL ON DISABILITY

SALARIES AND EXPENSES

For expenses necessary for the National Council on Disability 

as authorized by title IV of the Rehabilitation Act of 1973, 

$3,250,000. 

NATIONAL LABOR RELATIONS BOARD

SALARIES AND EXPENSES

For expenses necessary for the National Labor Relations Board 

to carry out the functions vested in it by the Labor-Management 

Relations Act, 1947, and other laws, $274,224,000: Provided, That 

no part of this appropriation shall be available to organize or 

assist in organizing agricultural laborers or used in connection 

with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural laborers as referred to in 

section 2(3) of the Act of July 5, 1935, and as amended by the 

Labor-Management Relations Act, 1947, and as defined in section 

3(f) of the Act of June 25, 1938, and including in said definition 

employees engaged in the maintenance and operation of ditches, 

canals, reservoirs, and waterways when maintained or operated 

on a mutual, nonprofit basis and at least 95 percent of the water 

stored or supplied thereby is used for farming purposes. 

ADMINISTRATIVE PROVISIONS

SEC. 408. None of the funds provided by this Act or previous 

Acts making appropriations for the National Labor Relations Board 

may be used to issue any new administrative directive or regulation 

that would provide employees any means of voting through any 

electronic means in an election to determine a representative for 

the purposes of collective bargaining. 

NATIONAL MEDIATION BOARD

SALARIES AND EXPENSES

For expenses necessary to carry out the provisions of the Railway Labor Act, including emergency boards appointed by the President, $13,230,000. 

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Occupational Safety and Health 

Review Commission, $12,639,000. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2645 

RAILROAD RETIREMENT BOARD

DUAL BENEFITS PAYMENTS ACCOUNT

For payment to the Dual Benefits Payments Account, authorized under section 15(d) of the Railroad Retirement Act of 1974, 

$29,000,000, which shall include amounts becoming available in 

fiscal year 2016 pursuant to section 224(c)(1)(B) of Public Law 

98–76; and in addition, an amount, not to exceed 2 percent of 

the amount provided herein, shall be available proportional to the 

amount by which the product of recipients and the average benefit 

received exceeds the amount available for payment of vested dual 

benefits: Provided, That the total amount provided herein shall 

be credited in 12 approximately equal amounts on the first day 

of each month in the fiscal year. 

FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS

For payment to the accounts established in the Treasury for 

the payment of benefits under the Railroad Retirement Act for 

interest earned on unnegotiated checks, $150,000, to remain available through September 30, 2017, which shall be the maximum 

amount available for payment pursuant to section 417 of Public 

Law 98–76. 

LIMITATION ON ADMINISTRATION

For necessary expenses for the Railroad Retirement Board 

(‘‘Board’’) for administration of the Railroad Retirement Act and 

the Railroad Unemployment Insurance Act, $111,225,000, to be 

derived in such amounts as determined by the Board from the 

railroad retirement accounts and from moneys credited to the railroad unemployment insurance administration fund: Provided, That 

notwithstanding section 7(b)(9) of the Railroad Retirement Act this 

limitation may be used to hire attorneys only through the excepted 

service: Provided further, That the previous proviso shall not change 

the status under Federal employment laws of any attorney hired 

by the Railroad Retirement Board prior to January 1, 2013. 

LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General 

for audit, investigatory and review activities, as authorized by the 

Inspector General Act of 1978, not more than $8,437,000, to be 

derived from the railroad retirement accounts and railroad 

unemployment insurance account. 

SOCIAL SECURITY ADMINISTRATION

PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

For payment to the Federal Old-Age and Survivors Insurance 

Trust Fund and the Federal Disability Insurance Trust Fund, as 

provided under sections 201(m), 228(g), and 1131(b)(2) of the Social 

Security Act, $11,400,000. 


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129 STAT. 2646 PUBLIC LAW 114–113—DEC. 18, 2015 

SUPPLEMENTAL SECURITY INCOME PROGRAM

For carrying out titles XI and XVI of the Social Security Act, 

section 401 of Public Law 92–603, section 212 of Public Law 93– 

66, as amended, and section 405 of Public Law 95–216, including 

payment to the Social Security trust funds for administrative 

expenses incurred pursuant to section 201(g)(1) of the Social Security Act, $46,305,733,000, to remain available until expended: Provided, That any portion of the funds provided to a State in the 

current fiscal year and not obligated by the State during that 

year shall be returned to the Treasury: Provided further, That 

not more than $101,000,000 shall be available for research and 

demonstrations under sections 1110, 1115, and 1144 of the Social 

Security Act, and remain available through September 30, 2018. 

For making, after June 15 of the current fiscal year, benefit 

payments to individuals under title XVI of the Social Security 

Act, for unanticipated costs incurred for the current fiscal year, 

such sums as may be necessary. 

For making benefit payments under title XVI of the Social 

Security Act for the first quarter of fiscal year 2017, 

$14,500,000,000, to remain available until expended. 

LIMITATION ON ADMINISTRATIVE EXPENSES

For necessary expenses, including the hire of two passenger 

motor vehicles, and not to exceed $20,000 for official reception 

and representation expenses, not more than $10,598,945,000 may 

be expended, as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to in 

such section: Provided, That not less than $2,300,000 shall be 

for the Social Security Advisory Board: Provided further, That, 

$116,000,000 may be used for the costs associated with conducting 

continuing disability reviews under titles II and XVI of the Social 

Security Act and conducting redeterminations of eligibility under 

title XVI of the Social Security Act: Provided further, That the 

Commissioner may allocate additional funds under this paragraph 

above the level specified in the previous proviso for such activities 

but only to reconcile estimated and actual unit costs for conducting 

such activities and after notifying the Committees on Appropriations 

of the House of Representatives and the Senate at least 15 days 

in advance of any such reallocation: Provided further, That the 

acquisition of services to conduct and manage representative payee 

reviews shall be made using full and open competition procedures: 

Provided further, That, $150,000,000, to remain available until 

expended, shall be for necessary expenses for the renovation and 

modernization of the Arthur J. Altmeyer Building: Provided further, 

That unobligated balances of funds provided under this paragraph 

at the end of fiscal year 2016 not needed for fiscal year 2016 

shall remain available until expended to invest in the Social Security Administration information technology and telecommunications 

hardware and software infrastructure, including related equipment 

and non-payroll administrative expenses associated solely with this 

information technology and telecommunications infrastructure: Provided further, That the Commissioner of Social Security shall notify 

the Committees on Appropriations of the House of Representatives 

and the Senate prior to making unobligated balances available 

under the authority in the previous proviso: Provided further, That 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2647 

reimbursement to the trust funds under this heading for expenditures for official time for employees of the Social Security Administration pursuant to 5 U.S.C. 7131, and for facilities or support 

services for labor organizations pursuant to policies, regulations, 

or procedures referred to in section 7135(b) of such title shall 

be made by the Secretary of the Treasury, with interest, from 

amounts in the general fund not otherwise appropriated, as soon 

as possible after such expenditures are made. 

In addition, for the costs associated with continuing disability 

reviews under titles II and XVI of the Social Security Act and 

for the cost associated with conducting redeterminations of eligibility under title XVI of the Social Security Act, $1,426,000,000 

may be expended, as authorized by section 201(g)(1) of the Social 

Security Act, from any one or all of the trust funds referred to 

therein: Provided, That, of such amount, $273,000,000 is provided 

to meet the terms of section 251(b)(2)(B)(ii)(III) of the Balanced 

Budget and Emergency Deficit Control Act of 1985, as amended, 

and $1,153,000,000 is additional new budget authority specified 

for purposes of section 251(b)(2)(B) of such Act: Provided further, 

That the Commissioner shall provide to the Congress (at the conclusion of the fiscal year) a report on the obligation and expenditure 

of these funds, similar to the reports that were required by section 

103(d)(2) of Public Law 104–121 for fiscal years 1996 through 

2002. 

In addition, $136,000,000 to be derived from administration 

fees in excess of $5.00 per supplementary payment collected pursuant to section 1616(d) of the Social Security Act or section 212(b)(3) 

of Public Law 93–66, which shall remain available until expended. 

To the extent that the amounts collected pursuant to such sections 

in fiscal year 2016 exceed $136,000,000, the amounts shall be 

available in fiscal year 2017 only to the extent provided in advance 

in appropriations Acts. 

In addition, up to $1,000,000 to be derived from fees collected 

pursuant to section 303(c) of the Social Security Protection Act, 

which shall remain available until expended. 

OFFICE OF INSPECTOR GENERAL

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary for the Office of Inspector General 

in carrying out the provisions of the Inspector General Act of 

1978, $29,787,000, together with not to exceed $75,713,000, to be 

transferred and expended as authorized by section 201(g)(1) of 

the Social Security Act from the Federal Old-Age and Survivors 

Insurance Trust Fund and the Federal Disability Insurance Trust 

Fund. 

In addition, an amount not to exceed 3 percent of the total 

provided in this appropriation may be transferred from the ‘‘Limitation on Administrative Expenses’’, Social Security Administration, 

to be merged with this account, to be available for the time and 

purposes for which this account is available: Provided, That notice 

of such transfers shall be transmitted promptly to the Committees 

on Appropriations of the House of Representatives and the Senate 

at least 15 days in advance of any transfer. 


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129 STAT. 2648 PUBLIC LAW 114–113—DEC. 18, 2015 

TITLE V 

GENERAL PROVISIONS 

(TRANSFER OF FUNDS)

SEC. 501. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances 

of prior appropriations to accounts corresponding to current appropriations provided in this Act. Such transferred balances shall 

be used for the same purpose, and for the same periods of time, 

for which they were originally appropriated. 

SEC. 502. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

SEC. 503. (a) No part of any appropriation contained in this 

Act or transferred pursuant to section 4002 of Public Law 111– 

148 shall be used, other than for normal and recognized executivelegislative relationships, for publicity or propaganda purposes, for 

the preparation, distribution, or use of any kit, pamphlet, booklet, 

publication, electronic communication, radio, television, or video 

presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body, except in presentation to the Congress or any State 

or local legislature itself, or designed to support or defeat any 

proposed or pending regulation, administrative action, or order 

issued by the executive branch of any State or local government, 

except in presentation to the executive branch of any State or 

local government itself. 

(b) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111–148 shall be 

used to pay the salary or expenses of any grant or contract recipient, 

or agent acting for such recipient, related to any activity designed 

to influence the enactment of legislation, appropriations, regulation, 

administrative action, or Executive order proposed or pending before 

the Congress or any State government, State legislature or local 

legislature or legislative body, other than for normal and recognized 

executive-legislative relationships or participation by an agency or 

officer of a State, local or tribal government in policymaking and 

administrative processes within the executive branch of that government. 

(c) The prohibitions in subsections (a) and (b) shall include 

any activity to advocate or promote any proposed, pending or future 

Federal, State or local tax increase, or any proposed, pending, 

or future requirement or restriction on any legal consumer product, 

including its sale or marketing, including but not limited to the 

advocacy or promotion of gun control. 

SEC. 504. The Secretaries of Labor and Education are authorized to make available not to exceed $28,000 and $20,000, respectively, from funds available for salaries and expenses under titles 

I and III, respectively, for official reception and representation 

expenses; the Director of the Federal Mediation and Conciliation 

Service is authorized to make available for official reception and 

representation expenses not to exceed $5,000 from the funds available for ‘‘Federal Mediation and Conciliation Service, Salaries and 

Expenses’’; and the Chairman of the National Mediation Board 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2649 

is authorized to make available for official reception and representation expenses not to exceed $5,000 from funds available for 

‘‘National Mediation Board, Salaries and Expenses’’. 

SEC. 505. When issuing statements, press releases, requests 

for proposals, bid solicitations and other documents describing 

projects or programs funded in whole or in part with Federal 

money, all grantees receiving Federal funds included in this Act, 

including but not limited to State and local governments and recipients of Federal research grants, shall clearly state— 

(1) the percentage of the total costs of the program or 

project which will be financed with Federal money; 

(2) the dollar amount of Federal funds for the project 

or program; and 

(3) percentage and dollar amount of the total costs of the 

project or program that will be financed by non-governmental 

sources. 

SEC. 506. (a) None of the funds appropriated in this Act, and 

none of the funds in any trust fund to which funds are appropriated 

in this Act, shall be expended for any abortion. 

(b) None of the funds appropriated in this Act, and none of 

the funds in any trust fund to which funds are appropriated in 

this Act, shall be expended for health benefits coverage that includes 

coverage of abortion. 

(c) The term ‘‘health benefits coverage’’ means the package 

of services covered by a managed care provider or organization 

pursuant to a contract or other arrangement. 

SEC. 507. (a) The limitations established in the preceding section shall not apply to an abortion— 

(1) if the pregnancy is the result of an act of rape or 

incest; or 

(2) in the case where a woman suffers from a physical 

disorder, physical injury, or physical illness, including a lifeendangering physical condition caused by or arising from the 

pregnancy itself, that would, as certified by a physician, place 

the woman in danger of death unless an abortion is performed. 

(b) Nothing in the preceding section shall be construed as 

prohibiting the expenditure by a State, locality, entity, or private 

person of State, local, or private funds (other than a State’s or 

locality’s contribution of Medicaid matching funds). 

(c) Nothing in the preceding section shall be construed as 

restricting the ability of any managed care provider from offering 

abortion coverage or the ability of a State or locality to contract 

separately with such a provider for such coverage with State funds 

(other than a State’s or locality’s contribution of Medicaid matching 

funds). 

(d)(1) None of the funds made available in this Act may be 

made available to a Federal agency or program, or to a State 

or local government, if such agency, program, or government subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, 

pay for, provide coverage of, or refer for abortions. 

(2) In this subsection, the term ‘‘health care entity’’ includes 

an individual physician or other health care professional, a hospital, 

a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care 

facility, organization, or plan. 


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129 STAT. 2650 PUBLIC LAW 114–113—DEC. 18, 2015 

SEC. 508. (a) None of the funds made available in this Act 

may be used for— 

(1) the creation of a human embryo or embryos for research 

purposes; or 

(2) research in which a human embryo or embryos are 

destroyed, discarded, or knowingly subjected to risk of injury 

or death greater than that allowed for research on fetuses 

in utero under 45 CFR 46.204(b) and section 498(b) of the 

Public Health Service Act (42 U.S.C. 289g(b)). 

(b) For purposes of this section, the term ‘‘human embryo 

or embryos’’ includes any organism, not protected as a human 

subject under 45 CFR 46 as of the date of the enactment of this 

Act, that is derived by fertilization, parthenogenesis, cloning, or 

any other means from one or more human gametes or human 

diploid cells. 

SEC. 509. (a) None of the funds made available in this Act 

may be used for any activity that promotes the legalization of 

any drug or other substance included in schedule I of the schedules 

of controlled substances established under section 202 of the Controlled Substances Act except for normal and recognized executivecongressional communications. 

(b) The limitation in subsection (a) shall not apply when there 

is significant medical evidence of a therapeutic advantage to the 

use of such drug or other substance or that federally sponsored 

clinical trials are being conducted to determine therapeutic advantage. 

SEC. 510. None of the funds made available in this Act may 

be used to promulgate or adopt any final standard under section 

1173(b) of the Social Security Act providing for, or providing for 

the assignment of, a unique health identifier for an individual 

(except in an individual’s capacity as an employer or a health 

care provider), until legislation is enacted specifically approving 

the standard. 

SEC. 511. None of the funds made available in this Act may 

be obligated or expended to enter into or renew a contract with 

an entity if— 

(1) such entity is otherwise a contractor with the United 

States and is subject to the requirement in 38 U.S.C. 4212(d) 

regarding submission of an annual report to the Secretary 

of Labor concerning employment of certain veterans; and 

(2) such entity has not submitted a report as required 

by that section for the most recent year for which such requirement was applicable to such entity. 

SEC. 512. None of the funds made available in this Act may 

be transferred to any department, agency, or instrumentality of 

the United States Government, except pursuant to a transfer made 

by, or transfer authority provided in, this Act or any other appropriation Act. 

SEC. 513. None of the funds made available by this Act to 

carry out the Library Services and Technology Act may be made 

available to any library covered by paragraph (1) of section 224(f) 

of such Act, as amended by the Children’s Internet Protection 

Act, unless such library has made the certifications required by 

paragraph (4) of such section. 

SEC. 514. (a) None of the funds provided under this Act, or 

provided under previous appropriations Acts to the agencies funded 

by this Act that remain available for obligation or expenditure 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2651 

in fiscal year 2016, or provided from any accounts in the Treasury 

of the United States derived by the collection of fees available 

to the agencies funded by this Act, shall be available for obligation 

or expenditure through a reprogramming of funds that— 

(1) creates new programs; 

(2) eliminates a program, project, or activity; 

(3) increases funds or personnel by any means for any 

project or activity for which funds have been denied or 

restricted; 

(4) relocates an office or employees; 

(5) reorganizes or renames offices; 

(6) reorganizes programs or activities; or 

(7) contracts out or privatizes any functions or activities 

presently performed by Federal employees; 

unless the Committees on Appropriations of the House of Representatives and the Senate are consulted 15 days in advance of such 

reprogramming or of an announcement of intent relating to such 

reprogramming, whichever occurs earlier, and are notified in writing 

10 days in advance of such reprogramming. 

(b) None of the funds provided under this Act, or provided 

under previous appropriations Acts to the agencies funded by this 

Act that remain available for obligation or expenditure in fiscal 

year 2016, or provided from any accounts in the Treasury of the 

United States derived by the collection of fees available to the 

agencies funded by this Act, shall be available for obligation or 

expenditure through a reprogramming of funds in excess of $500,000 

or 10 percent, whichever is less, that— 

(1) augments existing programs, projects (including 

construction projects), or activities; 

(2) reduces by 10 percent funding for any existing program, 

project, or activity, or numbers of personnel by 10 percent 

as approved by Congress; or 

(3) results from any general savings from a reduction in 

personnel which would result in a change in existing programs, 

activities, or projects as approved by Congress; 

unless the Committees on Appropriations of the House of Representatives and the Senate are consulted 15 days in advance of such 

reprogramming or of an announcement of intent relating to such 

reprogramming, whichever occurs earlier, and are notified in writing 

10 days in advance of such reprogramming. 

SEC. 515. (a) None of the funds made available in this Act 

may be used to request that a candidate for appointment to a 

Federal scientific advisory committee disclose the political affiliation 

or voting history of the candidate or the position that the candidate 

holds with respect to political issues not directly related to and 

necessary for the work of the committee involved. 

(b) None of the funds made available in this Act may be 

used to disseminate information that is deliberately false or misleading. 

SEC. 516. Within 45 days of enactment of this Act, each department and related agency funded through this Act shall submit 

an operating plan that details at the program, project, and activity 

level any funding allocations for fiscal year 2016 that are different 

than those specified in this Act, the accompanying detailed table 

in the explanatory statement described in section 4 (in the matter 

preceding division A of this consolidated Act), or the fiscal year 

2016 budget request. 


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129 STAT. 2652 PUBLIC LAW 114–113—DEC. 18, 2015 

SEC. 517. The Secretaries of Labor, Health and Human Services, and Education shall each prepare and submit to the Committees on Appropriations of the House of Representatives and the 

Senate a report on the number and amount of contracts, grants, 

and cooperative agreements exceeding $500,000 in value and 

awarded by the Department on a non-competitive basis during 

each quarter of fiscal year 2016, but not to include grants awarded 

on a formula basis or directed by law. Such report shall include 

the name of the contractor or grantee, the amount of funding, 

the governmental purpose, including a justification for issuing the 

award on a non-competitive basis. Such report shall be transmitted 

to the Committees within 30 days after the end of the quarter 

for which the report is submitted. 

SEC. 518. None of the funds appropriated in this Act shall 

be expended or obligated by the Commissioner of Social Security, 

for purposes of administering Social Security benefit payments 

under title II of the Social Security Act, to process any claim 

for credit for a quarter of coverage based on work performed under 

a social security account number that is not the claimant’s number 

and the performance of such work under such number has formed 

the basis for a conviction of the claimant of a violation of section 

208(a)(6) or (7) of the Social Security Act. 

SEC. 519. None of the funds appropriated by this Act may 

be used by the Commissioner of Social Security or the Social Security Administration to pay the compensation of employees of the 

Social Security Administration to administer Social Security benefit 

payments, under any agreement between the United States and 

Mexico establishing totalization arrangements between the social 

security system established by title II of the Social Security Act 

and the social security system of Mexico, which would not otherwise 

be payable but for such agreement. 

SEC. 520. Notwithstanding any other provision of this Act, 

no funds appropriated in this Act shall be used to purchase sterile 

needles or syringes for the hypodermic injection of any illegal drug: 

Provided, That such limitation does not apply to the use of funds 

for elements of a program other than making such purchases if 

the relevant State or local health department, in consultation with 

the Centers for Disease Control and Prevention, determines that 

the State or local jurisdiction, as applicable, is experiencing, or 

is at risk for, a significant increase in hepatitis infections or an 

HIV outbreak due to injection drug use, and such program is 

operating in accordance with State and local law. 

SEC. 521. (a) None of the funds made available in this Act 

may be used to maintain or establish a computer network unless 

such network blocks the viewing, downloading, and exchanging 

of pornography. 

(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency 

or any other entity carrying out criminal investigations, prosecution, 

or adjudication activities. 

SEC. 522. None of the funds made available under this or 

any other Act, or any prior Appropriations Act, may be provided 

to the Association of Community Organizations for Reform Now 

(ACORN), or any of its affiliates, subsidiaries, allied organizations, 

or successors. 

SEC. 523. For purposes of carrying out Executive Order 13589, 

Office of Management and Budget Memorandum M–12–12 dated 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2653 

May 11, 2012, and requirements contained in the annual appropriations bills relating to conference attendance and expenditures: 

(1) the operating divisions of HHS shall be considered 

independent agencies; and 

(2) attendance at and support for scientific conferences 

shall be tabulated separately from and not included in agency 

totals. 

SEC. 524. Federal agencies funded under this Act shall clearly 

state within the text, audio, or video used for advertising or educational purposes, including emails or Internet postings, that the 

communication is printed, published, or produced and disseminated 

at U.S. taxpayer expense. The funds used by a Federal agency 

to carry out this requirement shall be derived from amounts made 

available to the agency for advertising or other communications 

regarding the programs and activities of the agency. 

SEC. 525. (a) Federal agencies may use Federal discretionary 

funds that are made available in this Act to carry out up to 

10 Performance Partnership Pilots. Such Pilots shall— 

(1) be designed to improve outcomes for disconnected youth; 

(2) include communities that have recently experienced 

civil unrest; and 

(3) involve Federal programs targeted on disconnected 

youth, or designed to prevent youth from disconnecting from 

school or work, that provide education, training, employment, 

and other related social services. Such Pilots shall be governed 

by the provisions of section 526 of division H of Public Law 

113–76, except that in carrying out such Pilots section 526 

shall be applied by substituting ‘‘FISCAL YEAR 2016’’ for ‘‘FISCAL

YEAR 2014’’ in the title of subsection (b) and by substituting 

‘‘September 30, 2020’’ for ‘‘September 30, 2018’’ each place 

it appears. 

(b) In addition, Federal agencies may use Federal discretionary 

funds that are made available in this Act to participate in Performance Partnership Pilots that are being carried out pursuant to 

the authority provided by section 526 of division H of Public Law 

113–76, and section 524 of division G of Public Law 113–235: 

Provided, That new pilots that are being carried out with discretionary funds made available in division G of Public Law 113– 

235 shall include communities that have recently experienced civil 

unrest. 

SEC. 526. Not later than 30 days after the end of each calendar 

quarter, beginning with the first quarter of fiscal year 2013, the 

Departments of Labor, Health and Human Services and Education 

and the Social Security Administration shall provide the Committees on Appropriations of the House of Representatives and Senate 

a quarterly report on the status of balances of appropriations: 

Provided, That for balances that are unobligated and uncommitted, 

committed, and obligated but unexpended, the quarterly reports 

shall separately identify the amounts attributable to each source 

year of appropriation (beginning with fiscal year 2012, or, to the 

extent feasible, earlier fiscal years) from which balances were 

derived. 

SEC. 527. Section 2812(d)(2) of the Public Health Service Act 

(42 U.S.C. 300hh–11(d)(2)) is amended— 

(1) by redesignating the three sentences as subparagraphs 

(A), (B), and (C), respectively, and indenting accordingly; 

31 USC 1502 

note. 


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129 STAT. 2654 PUBLIC LAW 114–113—DEC. 18, 2015 

(2) in subparagraph (A), as so redesignated, by striking 

‘‘An’’ and inserting ‘‘IN GENERAL.—An’’; 

(3) in subparagraph (B), as so redesignated, by striking 

‘‘With’’ and inserting ‘‘APPLICATION TO TRAINING PROGRAMS.— With’’; 

(4) in subparagraph (C), as so redesignated, by striking 

‘‘In’’ and inserting ‘‘RESPONSIBILITY OF LABOR SECRETARY.— In’’; and 

(5) by adding at the end the following new subparagraphs: 

‘‘(D) COMPUTATION OF PAY.—In the event of an injury 

to such an intermittent disaster response appointee, the 

position of the employee shall be deemed to be ‘one which 

would have afforded employment for substantially a whole 

year’, for purposes of section 8114(d)(2) of such title. 

‘‘(E) CONTINUATION OF PAY.—The weekly pay of such 

an employee shall be deemed to be the hourly pay in 

effect on the date of the injury multiplied by 40, for purposes of computing benefits under section 8118 of such 

title.’’. 

(RESCISSION)

SEC. 528. Of the funds made available for fiscal year 2016 

under section 3403 of Public Law 111–148, $15,000,000 are 

rescinded. 

SEC. 529. Amounts deposited or available in the Child Enrollment Contingency Fund from appropriations to the Fund under 

section 2104(n)(2)(A)(i) of the Social Security Act and the income 

derived from investment of those funds pursuant to 2104(n)(2)(C) 

of that Act, shall not be available for obligation in this fiscal 

year. 

(RESCISSION)

SEC. 530. Of any available amounts appropriated under section 108 of Public Law 111–3, as amended, $4,678,500,000 are hereby 

rescinded. 

This division may be cited as the ‘‘Departments of Labor, Health 

and Human Services, and Education, and Related Agencies Appropriations Act, 2016’’. 

DIVISION I—LEGISLATIVE BRANCH APPROPRIATIONS 

ACT, 2016 

TITLE I 

LEGISLATIVE BRANCH 

SENATE 

EXPENSE ALLOWANCES

For expense allowances of the Vice President, $18,760; the 

President Pro Tempore of the Senate, $37,520; Majority Leader 

of the Senate, $39,920; Minority Leader of the Senate, $39,920; 

Majority Whip of the Senate, $9,980; Minority Whip of the Senate, 

$9,980; Chairmen of the Majority and Minority Conference Committees, $4,690 for each Chairman; and Chairmen of the Majority 

Legislative 

Branch 

Appropriations 

Act, 2016. 

2 USC 60a note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2655 

and Minority Policy Committees, $4,690 for each Chairman; in 

all, $174,840. 

REPRESENTATION ALLOWANCES FOR THE MAJORITY AND MINORITY

LEADERS

For representation allowances of the Majority and Minority Leaders of the Senate, $14,070 for each such Leader; in all, $28,140. 

SALARIES, OFFICERS AND EMPLOYEES

For compensation of officers, employees, and others as authorized by law, including agency contributions, $179,185,311, which 

shall be paid from this appropriation without regard to the following 

limitations: 

OFFICE OF THE VICE PRESIDENT

For the Office of the Vice President, $2,417,248. 

OFFICE OF THE PRESIDENT PRO TEMPORE

For the Office of the President Pro Tempore, $723,466. 

OFFICES OF THE MAJORITY AND MINORITY LEADERS

For Offices of the Majority and Minority Leaders, $5,255,576. 

OFFICES OF THE MAJORITY AND MINORITY WHIPS

For Offices of the Majority and Minority Whips, $3,359,424. 

COMMITTEE ON APPROPRIATIONS

For salaries of the Committee on Appropriations, $15,142,000. 

CONFERENCE COMMITTEES

For the Conference of the Majority and the Conference of the 

Minority, at rates of compensation to be fixed by the Chairman 

of each such committee, $1,658,000 for each such committee; in 

all, $3,316,000. 

OFFICES OF THE SECRETARIES OF THE CONFERENCE OF THE MAJORITY

AND THE CONFERENCE OF THE MINORITY

For Offices of the Secretaries of the Conference of the Majority 

and the Conference of the Minority, $817,402. 

POLICY COMMITTEES

For salaries of the Majority Policy Committee and the Minority 

Policy Committee, $1,692,905 for each such committee; in all, 

$3,385,810. 

OFFICE OF THE CHAPLAIN

For Office of the Chaplain, $436,886. 


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129 STAT. 2656 PUBLIC LAW 114–113—DEC. 18, 2015 

OFFICE OF THE SECRETARY

For Office of the Secretary, $24,772,000. 

OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER

For Office of the Sergeant at Arms and Doorkeeper, 

$69,000,000. 

OFFICES OF THE SECRETARIES FOR THE MAJORITY AND MINORITY

For Offices of the Secretary for the Majority and the Secretary 

for the Minority, $1,762,000. 

AGENCY CONTRIBUTIONS AND RELATED EXPENSES

For agency contributions for employee benefits, as authorized 

by law, and related expenses, $48,797,499. 

OFFICE OF THE LEGISLATIVE COUNSEL OF THE SENATE

For salaries and expenses of the Office of the Legislative 

Counsel of the Senate, $5,408,500. 

OFFICE OF SENATE LEGAL COUNSEL

For salaries and expenses of the Office of Senate Legal Counsel, 

$1,120,000. 

EXPENSE ALLOWANCES OF THE SECRETARY OF THE SENATE, SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE, AND SECRETARIES FOR THE MAJORITY AND MINORITY OF THE SENATE

For expense allowances of the Secretary of the Senate, $7,110; 

Sergeant at Arms and Doorkeeper of the Senate, $7,110; Secretary 

for the Majority of the Senate, $7,110; Secretary for the Minority 

of the Senate, $7,110; in all, $28,440. 

CONTINGENT EXPENSES OF THE SENATE

INQUIRIES AND INVESTIGATIONS

For expenses of inquiries and investigations ordered by the 

Senate, or conducted under paragraph 1 of rule XXVI of the 

Standing Rules of the Senate, section 112 of the Supplemental 

Appropriations and Rescission Act, 1980 (Public Law 96–304), and 

Senate Resolution 281, 96th Congress, agreed to March 11, 1980, 

$133,265,000, of which $26,650,000 shall remain available until 

September 30, 2018. 

EXPENSES OF THE UNITED STATES SENATE CAUCUS ON

INTERNATIONAL NARCOTICS CONTROL

For expenses of the United States Senate Caucus on International Narcotics Control, $508,000. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2657 

SECRETARY OF THE SENATE

For expenses of the Office of the Secretary of the Senate, 

$8,750,000 of which $4,350,000 shall remain available until September 30, 2020 and of which $2,500,000 shall remain available 

until expended. 

SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE

For expenses of the Office of the Sergeant at Arms and Door- keeper of the Senate, $130,000,000, which shall remain available 

until September 30, 2020. 

MISCELLANEOUS ITEMS

For miscellaneous items, $21,390,270 which shall remain available until September 30, 2018. 

SENATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE ACCOUNT

For Senators’ Official Personnel and Office Expense Account, $390,000,000 of which $19,121,212 shall remain available until 

September 30, 2018. 

OFFICIAL MAIL COSTS

For expenses necessary for official mail costs of the Senate, $300,000. 

ADMINISTRATIVE PROVISIONS

REQUIRING AMOUNTS REMAINING IN SENATORS’ OFFICIAL PERSONNEL

AND OFFICE EXPENSE ACCOUNT TO BE USED FOR DEFICIT REDUCTION OR TO REDUCE THE FEDERAL DEBT

SEC. 1. Notwithstanding any other provision of law, any 

amounts appropriated under this Act under the heading ‘‘SENATE’’ 

under the heading ‘‘CONTINGENT EXPENSES OF THE SENATE’’ under 

the heading ‘‘SENATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE

ACCOUNT’’ shall be available for obligation only during the fiscal 

year or fiscal years for which such amounts are made available. 

Any unexpended balances under such allowances remaining after 

the end of the period of availability shall be returned to the 

Treasury in accordance with the undesignated paragraph under 

the center heading ‘‘GENERAL PROVISION’’ under chapter XI 

of the Third Supplemental Appropriation Act, 1957 (2 U.S.C. 4107) 

and used for deficit reduction (or, if there is no Federal budget 

deficit after all such payments have been made, for reducing the 

Federal debt, in such manner as the Secretary of the Treasury 

considers appropriate). 

AUTHORITY FOR TRANSFER OF FUNDS

SEC. 2. Section 1 of the Legislative Branch Appropriations 

Act, 1991 (2 U.S.C. 6153) is amended— 

(1) by redesignating subsections (c) and (d) as subsections 

(d) and (e), respectively; 

(2) by inserting after subsection (b) the following: 


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129 STAT. 2658 PUBLIC LAW 114–113—DEC. 18, 2015 

‘‘(c)(1) The Chaplain of the Senate may, during any fiscal year, 

at the election of the Chaplain of the Senate, transfer funds from 

the appropriation account for salaries for the Office of the Chaplain 

of the Senate to the account, within the contingent fund of the 

Senate, from which expenses are payable for the Office of the 

Chaplain. 

‘‘(2) The Chaplain of the Senate may, during any fiscal year, 

at the election of the Chaplain of the Senate, transfer funds from 

the appropriation account for expenses, within the contingent fund 

of the Senate, for the Office of the Chaplain to the account from 

which salaries are payable for the Office of the Chaplain of the 

Senate.’’; 

(3) in subsection (d), as so redesignated— 

(A) in paragraph (1), by inserting ‘‘or the Office of 

the Chaplain of the Senate, as the case may be,’’ after 

‘‘such committee’’ each place it appears; and 

(B) in paragraph (2), by inserting ‘‘or the Chaplain 

of the Senate, as the case may be,’’ after ‘‘the Chairman’’; 

and 

(4) in subsection (e), as so redesignated, by inserting ‘‘or 

the Chaplain of the Senate, as the case may be,’’ after ‘‘The 

Chairman of a committee’’. 

HOUSE OF REPRESENTATIVES 

SALARIES AND EXPENSES

For salaries and expenses of the House of Representatives, 

$1,180,736,000, as follows: 

HOUSE LEADERSHIP OFFICES

For salaries and expenses, as authorized by law, $22,278,891, 

including: Office of the Speaker, $6,645,417, including $25,000 for 

official expenses of the Speaker; Office of the Majority Floor Leader, 

$2,180,048, including $10,000 for official expenses of the Majority 

Leader; Office of the Minority Floor Leader, $7,114,471, including 

$10,000 for official expenses of the Minority Leader; Office of the 

Majority Whip, including the Chief Deputy Majority Whip, 

$1,886,632, including $5,000 for official expenses of the Majority 

Whip; Office of the Minority Whip, including the Chief Deputy 

Minority Whip, $1,459,639, including $5,000 for official expenses 

of the Minority Whip; Republican Conference, $1,505,426; Democratic Caucus, $1,487,258: Provided, That such amount for salaries 

and expenses shall remain available from January 3, 2016 until 

January 2, 2017. 

Members’ Representational Allowances 

INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL EXPENSES OF

MEMBERS, AND OFFICIAL MAIL

For Members’ representational allowances, including Members’ 

clerk hire, official expenses, and official mail, $554,317,732. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2659 

COMMITTEE EMPLOYEES

STANDING COMMITTEES, SPECIAL AND SELECT

For salaries and expenses of standing committees, special and select, authorized by House resolutions, $123,903,173: Provided, That such amount shall remain available for such salaries and 

expenses until December 31, 2016. 

COMMITTEE ON APPROPRIATIONS

For salaries and expenses of the Committee on Appropriations, $23,271,004, including studies and examinations of executive agencies and temporary personal services for such committee, to be 

expended in accordance with section 202(b) of the Legislative 

Reorganization Act of 1946 and to be available for reimbursement 

to agencies for services performed: Provided, That such amount 

shall remain available for such salaries and expenses until 

December 31, 2016. 

SALARIES, OFFICERS AND EMPLOYEES

For compensation and expenses of officers and employees, as 

authorized by law, $178,531,768, including: for salaries and 

expenses of the Office of the Clerk, including the positions of the 

Chaplain and the Historian, and including not more than $25,000 

for official representation and reception expenses, of which not 

more than $20,000 is for the Family Room and not more than 

$2,000 is for the Office of the Chaplain, $24,980,898; for salaries 

and expenses of the Office of the Sergeant at Arms, including 

the position of Superintendent of Garages and the Office of Emergency Management, and including not more than $3,000 for official 

representation and reception expenses, $14,827,120 of which 

$4,784,229 shall remain available until expended; for salaries and 

expenses of the Office of the Chief Administrative Officer including 

not more than $3,000 for official representation and reception 

expenses, $117,165,000, of which $1,350,000 shall remain available 

until expended; for salaries and expenses of the Office of the 

Inspector General, $4,741,809; for salaries and expenses of the 

Office of General Counsel, $1,413,450; for salaries and expenses 

of the Office of the Parliamentarian, including the Parliamentarian, 

$2,000 for preparing the Digest of Rules, and not more than $1,000 

for official representation and reception expenses, $1,974,606; for 

salaries and expenses of the Office of the Law Revision Counsel 

of the House, $3,119,766; for salaries and expenses of the Office 

of the Legislative Counsel of the House, $8,352,975; for salaries 

and expenses of the Office of Interparliamentary Affairs, $814,069; 

for other authorized employees, $1,142,075. 

ALLOWANCES AND EXPENSES

For allowances and expenses as authorized by House resolution or law, $278,433,432, including: supplies, materials, administrative 

costs and Federal tort claims, $3,625,236; official mail for committees, leadership offices, and administrative offices of the House, 

$190,486; Government contributions for health, retirement, Social 

Security, and other applicable employee benefits, $251,629,425, to 

remain available until March 31, 2017; Business Continuity and 


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129 STAT. 2660 PUBLIC LAW 114–113—DEC. 18, 2015 

Disaster Recovery, $16,217,008 of which $5,000,000 shall remain 

available until expended; transition activities for new members 

and staff, $2,084,000, to remain available until expended; Wounded 

Warrior Program $2,500,000, to remain available until expended; 

Office of Congressional Ethics, $1,467,030; and miscellaneous items 

including purchase, exchange, maintenance, repair and operation 

of House motor vehicles, interparliamentary receptions, and gratuities to heirs of deceased employees of the House, $720,247. 

ADMINISTRATIVE PROVISIONS

REQUIRING AMOUNTS REMAINING IN MEMBERS’ REPRESENTATIONAL

ALLOWANCES TO BE USED FOR DEFICIT REDUCTION OR TO REDUCE

THE FEDERAL DEBT

SEC. 101. (a) Notwithstanding any other provision of law, any 

amounts appropriated under this Act for ‘‘HOUSE OF REPRESENTATIVES—SALARIES AND EXPENSES—MEMBERS’ REPRESENTATIONAL ALLOWANCES’’ shall be available only for fiscal year 2016. 

Any amount remaining after all payments are made under such 

allowances for fiscal year 2016 shall be deposited in the Treasury 

and used for deficit reduction (or, if there is no Federal budget 

deficit after all such payments have been made, for reducing the 

Federal debt, in such manner as the Secretary of the Treasury 

considers appropriate). 

(b) REGULATIONS.—The Committee on House Administration 

of the House of Representatives shall have authority to prescribe 

regulations to carry out this section. 

(c) DEFINITION.—As used in this section, the term ‘‘Member 

of the House of Representatives’’ means a Representative in, or 

a Delegate or Resident Commissioner to, the Congress. 

DELIVERY OF BILLS AND RESOLUTIONS

SEC. 102. None of the funds made available in this Act may 

be used to deliver a printed copy of a bill, joint resolution, or 

resolution to the office of a Member of the House of Representatives 

(including a Delegate or Resident Commissioner to the Congress) 

unless the Member requests a copy. 

DELIVERY OF CONGRESSIONAL RECORD

SEC. 103. None of the funds made available by this Act may 

be used to deliver a printed copy of any version of the Congressional 

Record to the office of a Member of the House of Representatives 

(including a Delegate or Resident Commissioner to the Congress). 

LIMITATION ON AMOUNT AVAILABLE TO LEASE VEHICLES

SEC. 104. None of the funds made available in this Act may 

be used by the Chief Administrative Officer of the House of Representatives to make any payments from any Members’ Representational Allowance for the leasing of a vehicle, excluding mobile 

district offices, in an aggregate amount that exceeds $1,000 for 

the vehicle in any month. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2661 

LIMITATION ON PRINTED COPIES OF U.S. CODE TO HOUSE

SEC. 105. None of the funds made available by this Act may 

be used to provide an aggregate number of more than 50 printed 

copies of any edition of the United States Code to all offices of 

the House of Representatives. 

DELIVERY OF REPORTS OF DISBURSEMENTS

SEC. 106. None of the funds made available by this Act may 

be used to deliver a printed copy of the report of disbursements 

for the operations of the House of Representatives under section 

106 of the House of Representatives Administrative Reform Technical Corrections Act (2 U.S.C. 5535) to the office of a Member 

of the House of Representatives (including a Delegate or Resident 

Commissioner to the Congress). 

DELIVERY OF DAILY CALENDAR

SEC. 107. None of the funds made available by this Act may 

be used to deliver to the office of a Member of the House of 

Representatives (including a Delegate or Resident Commissioner 

to the Congress) a printed copy of the Daily Calendar of the House 

of Representatives which is prepared by the Clerk of the House 

of Representatives. 

DELIVERY OF CONGRESSIONAL PICTORIAL DIRECTORY

SEC. 108. None of the funds made available by this Act may 

be used to deliver a printed copy of the Congressional Pictorial 

Directory to the office of a Member of the House of Representatives 

(including a Delegate or Resident Commissioner to the Congress). 

JOINT ITEMS 

For Joint Committees, as follows: 

JOINT ECONOMIC COMMITTEE

For salaries and expenses of the Joint Economic Committee, $4,203,000, to be disbursed by the Secretary of the Senate. 

JOINT CONGRESSIONAL COMMITTEE ON INAUGURAL CEREMONIES OF

2017 

For salaries and expenses associated with conducting the inaugural ceremonies of the President and Vice President of the United 

States, January 20, 2017, in accordance with such program as 

may be adopted by the joint congressional committee authorized 

to conduct the inaugural ceremonies of 2017, $1,250,000 to be 

disbursed by the Secretary of the Senate and to remain available 

until September 30, 2017: Provided, That funds made available 

under this heading shall be available for payment, on a direct 

or reimbursable basis, whether incurred on, before, or after, October 

1, 2016: Provided further, That the compensation of any employee 

of the Committee on Rules and Administration of the Senate who 

has been designated to perform service with respect to the inaugural 

ceremonies of 2017 shall continue to be paid by the Committee 

on Rules and Administration, but the account from which such 


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129 STAT. 2662 PUBLIC LAW 114–113—DEC. 18, 2015 

staff member is paid may be reimbursed for the services of the 

staff member out of funds made available under this heading: 

Provided further, That there are authorized to be paid from the 

appropriations account for ‘‘Expenses of Inquiries and Investigations’’ of the Senate such sums as may be necessary, without 

fiscal year limitation, for agency contributions related to the compensation of employees of the joint congressional committee. 

JOINT COMMITTEE ON TAXATION

For salaries and expenses of the Joint Committee on Taxation, 

$10,095,000, to be disbursed by the Chief Administrative Officer 

of the House of Representatives. 

For other joint items, as follows: 

OFFICE OF THE ATTENDING PHYSICIAN

For medical supplies, equipment, and contingent expenses of 

the emergency rooms, and for the Attending Physician and his 

assistants, including: 

(1) an allowance of $2,175 per month to the Attending 

Physician; 

(2) an allowance of $1,300 per month to the Senior Medical 

Officer; 

(3) an allowance of $725 per month each to three medical 

officers while on duty in the Office of the Attending Physician; 

(4) an allowance of $725 per month to 2 assistants and 

$580 per month each not to exceed 11 assistants on the basis 

heretofore provided for such assistants; and 

(5) $2,692,000 for reimbursement to the Department of 

the Navy for expenses incurred for staff and equipment 

assigned to the Office of the Attending Physician, which shall 

be advanced and credited to the applicable appropriation or 

appropriations from which such salaries, allowances, and other 

expenses are payable and shall be available for all the purposes 

thereof, $3,784,000, to be disbursed by the Chief Administrative 

Officer of the House of Representatives. 

OFFICE OF CONGRESSIONAL ACCESSIBILITY SERVICES

SALARIES AND EXPENSES

For salaries and expenses of the Office of Congressional Accessibility Services, $1,400,000, to be disbursed by the Secretary of 

the Senate. 

CAPITOL POLICE 

SALARIES

For salaries of employees of the Capitol Police, including overtime, hazardous duty pay, and Government contributions for health, 

retirement, social security, professional liability insurance, and 

other applicable employee benefits, $309,000,000 of which overtime 

shall not exceed $30,928,000 unless the Committee on Appropriations of the House and Senate are notified, to be disbursed by 

the Chief of the Capitol Police or his designee. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2663 

GENERAL EXPENSES

For necessary expenses of the Capitol Police, including motor 

vehicles, communications and other equipment, security equipment 

and installation, uniforms, weapons, supplies, materials, training, 

medical services, forensic services, stenographic services, personal 

and professional services, the employee assistance program, the 

awards program, postage, communication services, travel advances, 

relocation of instructor and liaison personnel for the Federal Law 

Enforcement Training Center, and not more than $5,000 to be 

expended on the certification of the Chief of the Capitol Police 

in connection with official representation and reception expenses, 

$66,000,000, to be disbursed by the Chief of the Capitol Police 

or his designee: Provided, That, notwithstanding any other provision 

of law, the cost of basic training for the Capitol Police at the 

Federal Law Enforcement Training Center for fiscal year 2016 

shall be paid by the Secretary of Homeland Security from funds 

available to the Department of Homeland Security. 

ADMINISTRATIVE PROVISION

DEPOSIT OF REIMBURSEMENTS FOR LAW ENFORCEMENT ASSISTANCE

SEC. 1001. (a) IN GENERAL.—Section 2802(a)(1) of the Supplemental Appropriations Act, 2001 (2 U.S.C. 1905(a)(1)) is amended 

by striking ‘‘District of Columbia)’’ and inserting the following: 

‘‘District of Columbia), and from any other source in the case 

of assistance provided in connection with an activity that was 

not sponsored by Congress’’. 

(b) CONFORMING AMENDMENT.—Section 2802(a)(2) of such Act 

(2 U.S.C. 1905(a)(2)) is amended by striking ‘‘law enforcement 

assistance to any Federal, State, or local government agency 

(including any agency of the District of Columbia)’’ and inserting 

‘‘any law enforcement assistance for which reimbursement described 

in paragraph (1) is made’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall only apply with respect to any reimbursement received before, 

on, or after the date of the enactment of the Act. 

OFFICE OF COMPLIANCE 

SALARIES AND EXPENSES

For salaries and expenses of the Office of Compliance, as 

authorized by section 305 of the Congressional Accountability Act 

of 1995 (2 U.S.C. 1385), $3,959,000, of which $450,000 shall remain 

available until September 30, 2017: Provided, That not more than 

$500 may be expended on the certification of the Executive Director 

of the Office of Compliance in connection with official representation 

and reception expenses. 

CONGRESSIONAL BUDGET OFFICE 

SALARIES AND EXPENSES

For salaries and expenses necessary for operation of the 

Congressional Budget Office, including not more than $6,000 to 

be expended on the certification of the Director of the Congressional 

2 USC 1905 note. 


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129 STAT. 2664 PUBLIC LAW 114–113—DEC. 18, 2015 

Budget Office in connection with official representation and reception expenses, $46,500,000. 

ARCHITECT OF THE CAPITOL 

CAPITAL CONSTRUCTION AND OPERATIONS

For salaries for the Architect of the Capitol, and other personal 

services, at rates of pay provided by law; for all necessary expenses 

for surveys and studies, construction, operation, and general and 

administrative support in connection with facilities and activities 

under the care of the Architect of the Capitol including the Botanic 

Garden; electrical substations of the Capitol, Senate and House 

office buildings, and other facilities under the jurisdiction of the 

Architect of the Capitol; including furnishings and office equipment; 

including not more than $5,000 for official reception and representation expenses, to be expended as the Architect of the Capitol may 

approve; for purchase or exchange, maintenance, and operation 

of a passenger motor vehicle, $91,589,000. 

CAPITOL BUILDING

For all necessary expenses for the maintenance, care and oper- ation of the Capitol, $46,737,000, of which $22,737,000 shall remain 

available until September 30, 2020. 

CAPITOL GROUNDS

For all necessary expenses for care and improvement of grounds 

surrounding the Capitol, the Senate and House office buildings, 

and the Capitol Power Plant, $11,880,000, of which $2,000,000 

shall remain available until September 30, 2020. 

SENATE OFFICE BUILDINGS

For all necessary expenses for the maintenance, care and operation of Senate office buildings; and furniture and furnishings to 

be expended under the control and supervision of the Architect 

of the Capitol, $84,221,000, of which $26,283,000 shall remain 

available until September 30, 2020. 

HOUSE OFFICE BUILDINGS

For all necessary expenses for the maintenance, care and oper- ation of the House office buildings, $174,962,000, of which 

$48,885,000 shall remain available until September 30, 2020, and 

of which $62,000,000 shall remain available until expended for 

the restoration and renovation of the Cannon House Office Building. 

In addition, for a payment to the House Historic Buildings Revitalization Trust Fund, $10,000,000, to remain available until 

expended. 

CAPITOL POWER PLANT

For all necessary expenses for the maintenance, care and operation of the Capitol Power Plant; lighting, heating, power (including 

the purchase of electrical energy) and water and sewer services 

for the Capitol, Senate and House office buildings, Library of Congress buildings, and the grounds about the same, Botanic Garden, 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2665 

Senate garage, and air conditioning refrigeration not supplied from 

plants in any of such buildings; heating the Government Publishing 

Office and Washington City Post Office, and heating and chilled 

water for air conditioning for the Supreme Court Building, the 

Union Station complex, the Thurgood Marshall Federal Judiciary 

Building and the Folger Shakespeare Library, expenses for which 

shall be advanced or reimbursed upon request of the Architect 

of the Capitol and amounts so received shall be deposited into 

the Treasury to the credit of this appropriation, $94,722,499, of 

which $17,581,499 shall remain available until September 30, 2020: 

Provided, That not more than $9,000,000 of the funds credited 

or to be reimbursed to this appropriation as herein provided shall 

be available for obligation during fiscal year 2016. 

LIBRARY BUILDINGS AND GROUNDS

For all necessary expenses for the mechanical and structural 

maintenance, care and operation of the Library buildings and 

grounds, $40,689,000, of which $15,746,000 shall remain available 

until September 30, 2020. 

CAPITOL POLICE BUILDINGS, GROUNDS, AND SECURITY

For all necessary expenses for the maintenance, care and operation of buildings, grounds and security enhancements of the United 

States Capitol Police, wherever located, the Alternate Computer 

Facility, and AOC security operations, $25,434,000, of which 

$7,901,000 shall remain available until September 30, 2020. 

BOTANIC GARDEN

For all necessary expenses for the maintenance, care and operation of the Botanic Garden and the nurseries, buildings, grounds, 

and collections; and purchase and exchange, maintenance, repair, 

and operation of a passenger motor vehicle; all under the direction 

of the Joint Committee on the Library, $12,113,000, of which 

$2,100,000 shall remain available until September 30, 2020: Provided, That, of the amount made available under this heading, 

the Architect of the Capitol may obligate and expend such sums 

as may be necessary for the maintenance, care and operation of 

the National Garden established under section 307E of the Legislative Branch Appropriations Act, 1989 (2 U.S.C. 2146), upon vouchers 

approved by the Architect of the Capitol or a duly authorized 

designee. 

CAPITOL VISITOR CENTER

For all necessary expenses for the operation of the Capitol Visitor Center, $20,557,000. 

ADMINISTRATIVE PROVISIONS

NO BONUSES FOR CONTRACTORS BEHIND SCHEDULE OR OVER BUDGET

SEC. 1101. None of the funds made available in this Act for 

the Architect of the Capitol may be used to make incentive or 

award payments to contractors for work on contracts or programs 

for which the contractor is behind schedule or over budget, unless 


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the Architect of the Capitol, or agency-employed designee, determines that any such deviations are due to unforeseeable events, 

government-driven scope changes, or are not significant within the 

overall scope of the project and/or program. 

SCRIMS

SEC. 1102. None of the funds made available by this Act may 

be used for scrims containing photographs of building facades during 

restoration or construction projects performed by the Architect of 

the Capitol. 

ACQUISITION OF PARCEL AT FORT MEADE

SEC. 1103. (a) ACQUISITION.—The Architect of the Capitol is 

authorized to acquire from the Maryland State Highway Administration, at no cost to the United States, a parcel of real property 

(including improvements thereon) consisting of approximately 7.34 

acres located within the portion of Fort George G. Meade in Anne 

Arundel County, Maryland, that was transferred to the Architect 

of the Capitol by the Secretary of the Army pursuant to section 

122 of the Military Construction Appropriations Act, 1994 (2 U.S.C. 

141 note). 

(b) TERMS AND CONDITIONS.—The terms and conditions 

applicable under subsections (b) and (d) of section 122 of the Military Construction Appropriations Act, 1994 (2 U.S.C. 141 note) 

to the property acquired by the Architect of the Capitol pursuant 

to such section shall apply to the real property acquired by the 

Architect pursuant to the authority of this section. 

LIBRARY OF CONGRESS 

SALARIES AND EXPENSES

For all necessary expenses of the Library of Congress not 

otherwise provided for, including development and maintenance 

of the Library’s catalogs; custody and custodial care of the Library 

buildings; special clothing; cleaning, laundering and repair of uniforms; preservation of motion pictures in the custody of the Library; 

operation and maintenance of the American Folklife Center in 

the Library; preparation and distribution of catalog records and 

other publications of the Library; hire or purchase of one passenger 

motor vehicle; and expenses of the Library of Congress Trust Fund 

Board not properly chargeable to the income of any trust fund 

held by the Board, $425,971,000, of which not more than $6,000,000 

shall be derived from collections credited to this appropriation 

during fiscal year 2016, and shall remain available until expended, 

under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2 

U.S.C. 150) and not more than $350,000 shall be derived from 

collections during fiscal year 2016 and shall remain available until 

expended for the development and maintenance of an international 

legal information database and activities related thereto: Provided, 

That the Library of Congress may not obligate or expend any 

funds derived from collections under the Act of June 28, 1902, 

in excess of the amount authorized for obligation or expenditure 

in appropriations Acts: Provided further, That the total amount 

available for obligation shall be reduced by the amount by which 

collections are less than $6,350,000: Provided further, That, of the 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2667 

total amount appropriated, not more than $12,000 may be expended, 

on the certification of the Librarian of Congress, in connection 

with official representation and reception expenses for the Overseas 

Field Offices: Provided further, That of the total amount appro- priated, $8,231,000 shall remain available until expended for the 

digital collections and educational curricula program: Provided further, That, of the total amount appropriated, $1,300,000 shall 

remain available until expended for upgrade of the Legislative 

Branch Financial Management System. 

COPYRIGHT OFFICE

SALARIES AND EXPENSES

For all necessary expenses of the Copyright Office, $58,875,000, of which not more than $30,000,000, to remain available until 

expended, shall be derived from collections credited to this appropriation during fiscal year 2016 under section 708(d) of title 17, 

United States Code: Provided, That the Copyright Office may not 

obligate or expend any funds derived from collections under such 

section, in excess of the amount authorized for obligation or expenditure in appropriations Acts: Provided further, That not more than 

$5,777,000 shall be derived from collections during fiscal year 2016 

under sections 111(d)(2), 119(b)(3), 803(e), 1005, and 1316 of such 

title: Provided further, That the total amount available for obligation 

shall be reduced by the amount by which collections are less than 

$35,777,000: Provided further, That not more than $100,000 of 

the amount appropriated is available for the maintenance of an 

‘‘International Copyright Institute’’ in the Copyright Office of the 

Library of Congress for the purpose of training nationals of developing countries in intellectual property laws and policies: Provided 

further, That not more than $6,500 may be expended, on the certification of the Librarian of Congress, in connection with official 

representation and reception expenses for activities of the International Copyright Institute and for copyright delegations, visitors, 

and seminars: Provided further, That, notwithstanding any provision of chapter 8 of title 17, United States Code, any amounts 

made available under this heading which are attributable to royalty 

fees and payments received by the Copyright Office pursuant to 

sections 111, 119, and chapter 10 of such title may be used for 

the costs incurred in the administration of the Copyright Royalty 

Judges program, with the exception of the costs of salaries and 

benefits for the Copyright Royalty Judges and staff under section 

802(e). 

CONGRESSIONAL RESEARCH SERVICE

SALARIES AND EXPENSES

For all necessary expenses to carry out the provisions of section 

203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) 

and to revise and extend the Annotated Constitution of the United 

States of America, $106,945,000: Provided, That no part of such 

amount may be used to pay any salary or expense in connection 

with any publication, or preparation of material therefor (except 

the Digest of Public General Bills), to be issued by the Library 

of Congress unless such publication has obtained prior approval 

of either the Committee on House Administration of the House 


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129 STAT. 2668 PUBLIC LAW 114–113—DEC. 18, 2015 

of Representatives or the Committee on Rules and Administration 

of the Senate. 

BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED

SALARIES AND EXPENSES

For all necessary expenses to carry out the Act of March 3, 

1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $50,248,000: 

Provided, That of the total amount appropriated, $650,000 shall 

be available to contract to provide newspapers to blind and physically handicapped residents at no cost to the individual. 

ADMINISTRATIVE PROVISIONS

REIMBURSABLE AND REVOLVING FUND ACTIVITIES

SEC. 1201. (a) IN GENERAL.—For fiscal year 2016, the 

obligational authority of the Library of Congress for the activities 

described in subsection (b) may not exceed $186,015,000. 

(b) ACTIVITIES.—The activities referred to in subsection (a) are 

reimbursable and revolving fund activities that are funded from 

sources other than appropriations to the Library in appropriations 

Acts for the legislative branch. 

LIBRARIAN OF CONGRESS EMERITUS

SEC. 1202. (a) DESIGNATION OF JAMES BILLINGTON AS LIBRARIAN

OF CONGRESS EMERITUS.—As an honorary designation, James H. 

Billington, upon leaving service as the Librarian of Congress, may 

be known as the Librarian of Congress Emeritus. 

(b) NO APPOINTMENT TO GOVERNMENT SERVICE; AVAILABILITY

OF INCIDENTAL SUPPORT.—The honorary designation under this 

section does not constitute an appointment to a position in the 

Federal Government under title 5, United States Code. Notwithstanding the previous sentence, in connection with his activities 

as Librarian of Congress Emeritus, James H. Billington may receive 

incidental administrative and clerical support through the Library 

of Congress. 

GOVERNMENT PUBLISHING OFFICE 

CONGRESSIONAL PUBLISHING

(INCLUDING TRANSFER OF FUNDS)

For authorized publishing of congressional information and the 

distribution of congressional information in any format; expenses 

necessary for preparing the semimonthly and session index to the 

Congressional Record, as authorized by law (section 902 of title 

44, United States Code); publishing of Government publications 

authorized by law to be distributed to Members of Congress; and 

publishing, and distribution of Government publications authorized 

by law to be distributed without charge to the recipient, 

$79,736,000: Provided, That this appropriation shall not be available for paper copies of the permanent edition of the Congressional 

Record for individual Representatives, Resident Commissioners or 

Delegates authorized under section 906 of title 44, United States 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2669 

Code: Provided further, That this appropriation shall be available 

for the payment of obligations incurred under the appropriations 

for similar purposes for preceding fiscal years: Provided further, That notwithstanding the 2-year limitation under section 718 of 

title 44, United States Code, none of the funds appropriated or 

made available under this Act or any other Act for printing and 

binding and related services provided to Congress under chapter 

7 of title 44, United States Code, may be expended to print a 

document, report, or publication after the 27-month period beginning on the date that such document, report, or publication is 

authorized by Congress to be printed, unless Congress reauthorizes 

such printing in accordance with section 718 of title 44, United 

States Code: Provided further, That any unobligated or unexpended 

balances in this account or accounts for similar purposes for preceding fiscal years may be transferred to the Government Publishing Office Business Operations Revolving Fund for carrying 

out the purposes of this heading, subject to the approval of the 

Committees on Appropriations of the House of Representatives and 

Senate: Provided further, That notwithstanding sections 901, 902, 

and 906 of title 44, United States Code, this appropriation may 

be used to prepare indexes to the Congressional Record on only 

a monthly and session basis. 

PUBLIC INFORMATION PROGRAMS OF THE SUPERINTENDENT OF

DOCUMENTS

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For expenses of the public information programs of the Office 

of Superintendent of Documents necessary to provide for the cataloging and indexing of Government publications and their distribution to the public, Members of Congress, other Government agencies, and designated depository and international exchange libraries 

as authorized by law, $30,500,000: Provided, That amounts of not 

more than $2,000,000 from current year appropriations are authorized for producing and disseminating Congressional serial sets and 

other related publications for fiscal years 2014 and 2015 to depository and other designated libraries: Provided further, That any 

unobligated or unexpended balances in this account or accounts 

for similar purposes for preceding fiscal years may be transferred 

to the Government Publishing Office Business Operations Revolving 

Fund for carrying out the purposes of this heading, subject to 

the approval of the Committees on Appropriations of the House 

of Representatives and Senate. 

GOVERNMENT PUBLISHING OFFICE BUSINESS OPERATIONS

REVOLVING FUND

For payment to the Government Publishing Office Business 

Operations Revolving Fund, $6,832,000, to remain available until 

expended, for information technology development and facilities 

repair: Provided, That the Government Publishing Office is hereby 

authorized to make such expenditures, within the limits of funds 

available and in accordance with law, and to make such contracts 

and commitments without regard to fiscal year limitations as provided by section 9104 of title 31, United States Code, as may 


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be necessary in carrying out the programs and purposes set forth 

in the budget for the current fiscal year for the Government Publishing Office Business Operations Revolving Fund: Provided further, That not more than $7,500 may be expended on the certification of the Director of the Government Publishing Office in 

connection with official representation and reception expenses: Provided further, That the business operations revolving fund shall 

be available for the hire or purchase of not more than 12 passenger 

motor vehicles: Provided further, That expenditures in connection 

with travel expenses of the advisory councils to the Director of 

the Government Publishing Office shall be deemed necessary to 

carry out the provisions of title 44, United States Code: Provided 

further, That the business operations revolving fund shall be available for temporary or intermittent services under section 3109(b) 

of title 5, United States Code, but at rates for individuals not 

more than the daily equivalent of the annual rate of basic pay 

for level V of the Executive Schedule under section 5316 of such 

title: Provided further, That activities financed through the business 

operations revolving fund may provide information in any format: 

Provided further, That the business operations revolving fund and 

the funds provided under the heading ‘‘Public Information Programs 

of the Superintendent of Documents’’ may not be used for contracted 

security services at GPO’s passport facility in the District of 

Columbia. 

GOVERNMENT ACCOUNTABILITY OFFICE 

SALARIES AND EXPENSES

For necessary expenses of the Government Accountability 

Office, including not more than $12,500 to be expended on the 

certification of the Comptroller General of the United States in 

connection with official representation and reception expenses; temporary or intermittent services under section 3109(b) of title 5, 

United States Code, but at rates for individuals not more than 

the daily equivalent of the annual rate of basic pay for level IV 

of the Executive Schedule under section 5315 of such title; hire 

of one passenger motor vehicle; advance payments in foreign countries in accordance with section 3324 of title 31, United States 

Code; benefits comparable to those payable under sections 901(5), 

(6), and (8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5), 

(6), and (8)); and under regulations prescribed by the Comptroller 

General of the United States, rental of living quarters in foreign 

countries, $531,000,000: Provided, That, in addition, $25,450,000 

of payments received under sections 782, 791, 3521, and 9105 

of title 31, United States Code, shall be available without fiscal 

year limitation: Provided further, That this appropriation and 

appropriations for administrative expenses of any other department 

or agency which is a member of the National Intergovernmental 

Audit Forum or a Regional Intergovernmental Audit Forum shall 

be available to finance an appropriate share of either Forum’s 

costs as determined by the respective Forum, including necessary 

travel expenses of non-Federal participants: Provided further, That 

payments hereunder to the Forum may be credited as reimbursements to any appropriation from which costs involved are initially 

financed. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2671 

ADMINISTRATIVE PROVISION

FEDERAL GOVERNMENT DETAILS

SEC. 1301. (a) PERMITTING DETAILS FROM OTHER FEDERAL

OFFICES.—Section 731 of title 31, United States Code, is amended 

by adding at the end the following new subsection: 

‘‘(k) FEDERAL GOVERNMENT DETAILS.—The activities of the 

Government Accountability Office may, in the reasonable discretion 

of the Comptroller General, be carried out by receiving details 

of personnel from other offices of the Federal Government on a 

reimbursable, partially-reimbursable, or nonreimbursable basis.’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall apply with respect to fiscal year 2016 and each succeeding 

fiscal year. 

OPEN WORLD LEADERSHIP CENTER TRUST FUND 

For a payment to the Open World Leadership Center Trust 

Fund for financing activities of the Open World Leadership Center 

under section 313 of the Legislative Branch Appropriations Act, 

2001 (2 U.S.C. 1151), $5,600,000: Provided, That funds made available to support Russian participants shall only be used for those 

engaging in free market development, humanitarian activities, and 

civic engagement, and shall not be used for officials of the central 

government of Russia. 

JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING 

AND DEVELOPMENT 

For payment to the John C. Stennis Center for Public Service 

Development Trust Fund established under section 116 of the John 

C. Stennis Center for Public Service Training and Development 

Act (2 U.S.C. 1105), $430,000. 

TITLE II 

GENERAL PROVISIONS 

MAINTENANCE AND CARE OF PRIVATE VEHICLES

SEC. 201. No part of the funds appropriated in this Act shall 

be used for the maintenance or care of private vehicles, except 

for emergency assistance and cleaning as may be provided under 

regulations relating to parking facilities for the House of Representatives issued by the Committee on House Administration and for 

the Senate issued by the Committee on Rules and Administration. 

FISCAL YEAR LIMITATION

SEC. 202. No part of the funds appropriated in this Act shall 

remain available for obligation beyond fiscal year 2016 unless 

expressly so provided in this Act. 

RATES OF COMPENSATION AND DESIGNATION

SEC. 203. Whenever in this Act any office or position not specifically established by the Legislative Pay Act of 1929 (46 Stat. 32 

31 USC 731 note. 


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129 STAT. 2672 PUBLIC LAW 114–113—DEC. 18, 2015 

et seq.) is appropriated for or the rate of compensation or designation of any office or position appropriated for is different from 

that specifically established by such Act, the rate of compensation 

and the designation in this Act shall be the permanent law with 

respect thereto: Provided, That the provisions in this Act for the 

various items of official expenses of Members, officers, and committees of the Senate and House of Representatives, and clerk hire 

for Senators and Members of the House of Representatives shall 

be the permanent law with respect thereto. 

CONSULTING SERVICES

SEC. 204. The expenditure of any appropriation under this 

Act for any consulting service through procurement contract, under 

section 3109 of title 5, United States Code, shall be limited to 

those contracts where such expenditures are a matter of public 

record and available for public inspection, except where otherwise 

provided under existing law, or under existing Executive order 

issued under existing law. 

COSTS OF LBFMC

SEC. 205. Amounts available for administrative expenses of 

any legislative branch entity which participates in the Legislative 

Branch Financial Managers Council (LBFMC) established by 

charter on March 26, 1996, shall be available to finance an appropriate share of LBFMC costs as determined by the LBFMC, except 

that the total LBFMC costs to be shared among all participating 

legislative branch entities (in such allocations among the entities 

as the entities may determine) may not exceed $2,000. 

LANDSCAPE MAINTENANCE

SEC. 206. For fiscal year 2016 and each fiscal year thereafter, 

the Architect of the Capitol, in consultation with the District of 

Columbia, is authorized to maintain and improve the landscape 

features, excluding streets, in Square 580 up to the beginning 

of I–395. 

LIMITATION ON TRANSFERS

SEC. 207. None of the funds made available in this Act may 

be transferred to any department, agency, or instrumentality of 

the United States Government, except pursuant to a transfer made 

by, or transfer authority provided in, this Act or any other appropriation Act. 

GUIDED TOURS OF THE CAPITOL

SEC. 208. (a) Except as provided in subsection (b), none of 

the funds made available to the Architect of the Capitol in this 

Act may be used to eliminate or restrict guided tours of the United 

States Capitol which are led by employees and interns of offices 

of Members of Congress and other offices of the House of Representatives and Senate. 

(b) At the direction of the Capitol Police Board, or at the 

direction of the Architect of the Capitol with the approval of the 

Capitol Police Board, guided tours of the United States Capitol 

2 USC 2186. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2673 

which are led by employees and interns described in subsection 

(a) may be suspended temporarily or otherwise subject to restriction 

for security or related reasons to the same extent as guided tours 

of the United States Capitol which are led by the Architect of 

the Capitol. 

BATTERY RECHARGING STATIONS FOR PRIVATELY OWNED VEHICLES IN

PARKING AREAS UNDER THE JURISDICTION OF THE LIBRARIAN OF

CONGRESS AT NO NET COST TO THE FEDERAL GOVERNMENT

SEC. 209. (a) DEFINITION.—In this section, the term ‘‘covered 

employee’’ means— 

(1) an employee of the Library of Congress; or 

(2) any other individual who is authorized to park in any 

parking area under the jurisdiction of the Library of Congress 

on the Library of Congress buildings and grounds. 

(b) AUTHORITY.— 

(1) IN GENERAL.—Subject to paragraph (3), funds appropriated to the Architect of the Capitol under the heading ‘‘Capitol Power Plant’’ under the heading ‘‘ARCHITECT OF THE 

CAPITOL’’ in any fiscal year are available to construct, operate, 

and maintain on a reimbursable basis battery recharging stations in parking areas under the jurisdiction of the Library 

of Congress on Library of Congress buildings and grounds 

for use by privately owned vehicles used by covered employees. 

(2) VENDORS AUTHORIZED.—In carrying out paragraph (1), 

the Architect of the Capitol may use one or more vendors 

on a commission basis. 

(3) APPROVAL OF CONSTRUCTION.—The Architect of the Capitol may construct or direct the construction of battery recharging stations described under paragraph (1) after— 

(A) submission of written notice detailing the numbers 

and locations of the battery recharging stations to the 

Joint Committee on the Library; and 

(B) approval by that Committee. 

(c) FEES AND CHARGES.— 

(1) IN GENERAL.—Subject to paragraph (2), the Architect 

of the Capitol shall charge fees or charges for electricity provided to covered employees sufficient to cover the costs to 

the Architect of the Capitol to carry out this section, including 

costs to any vendors or other costs associated with maintaining 

the battery charging stations. 

(2) APPROVAL OF FEES OR CHARGES.—The Architect of the 

Capitol may establish and adjust fees or charges under paragraph (1) after— 

(A) submission of written notice detailing the amount 

of the fee or charge to be established or adjusted to the 

Joint Committee on the Library; and 

(B) approval by that Committee. 

(d) DEPOSIT AND AVAILABILITY OF FEES, CHARGES, AND COMMISSIONS.—Any fees, charges, or commissions collected by the Architect 

of the Capitol under this section shall be— 

(1) deposited in the Treasury to the credit of the appropriations account described under subsection (b); and 

(2) available for obligation without further appropriation 

during the fiscal year collected. 

(e) REPORTS.— 

2 USC 2171a. 


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129 STAT. 2674 PUBLIC LAW 114–113—DEC. 18, 2015 

(1) IN GENERAL.—Not later than 30 days after the end 

of each fiscal year, the Architect of the Capitol shall submit 

a report on the financial administration and cost recovery of 

activities under this section with respect to that fiscal year 

to the Joint Committee on the Library and the Committees 

on Appropriations of the House of Representatives and Senate. 

(2) AVOIDING SUBSIDY.— 

(A) DETERMINATION.—Not later than 3 years after the 

date of enactment of this Act and every 3 years thereafter, 

the Architect of the Capitol shall submit a report to the 

Joint Committee on the Library determining whether covered employees using battery charging stations as authorized by this section are receiving a subsidy from the taxpayers. 

(B) MODIFICATION OF RATES AND FEES.—If a determination is made under subparagraph (A) that a subsidy is 

being received, the Architect of the Capitol shall submit 

a plan to the Joint Committee on the Library on how 

to update the program to ensure no subsidy is being 

received. If the Joint Committee does not act on the plan 

within 60 days, the Architect of the Capitol shall take 

appropriate steps to increase rates or fees to ensure 

reimbursement for the cost of the program consistent with 

an appropriate schedule for amortization, to be charged 

to those using the charging stations. 

(f) EFFECTIVE DATE.—This section shall apply with respect 

to fiscal year 2016 and each fiscal year thereafter. 

SELF-CERTIFICATION OF PERFORMANCE APPRAISAL SYSTEMS FOR

SENIOR-LEVEL EMPLOYEES

SEC. 210. (a) SELF-CERTIFICATION BY LIBRARIAN OF CONGRESS, 

ARCHITECT OF THE CAPITOL, AND DIRECTOR OF GOVERNMENT PUBLISHING OFFICE.—Section 5307(d) of title 5, United States Code, 

is amended— 

(1) in paragraph (1)(A), by striking ‘‘this title or section 

332(f), 603, or 604 of title 28’’ and inserting ‘‘this title, section 

332(f), 603, or 604 of title 28, or section 108 of the Legislative 

Branch Appropriations Act, 1991 (2 U.S.C. 1849)’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(5)(A) Notwithstanding any provision of paragraph (3), 

any regulations, certifications, or other measures necessary 

to carry out this subsection— 

‘‘(i) with respect to employees of the Library of Congress shall be the responsibility of the Librarian of Congress; 

‘‘(ii) with respect to employees of the Office of the 

Architect of the Capitol shall be the responsibility of the 

Architect of the Capitol; and 

‘‘(iii) with respect to employees of the Government 

Publishing Office shall be the responsibility of the Director 

of the Government Publishing Office. 

‘‘(B) The regulations under this paragraph shall be consistent with those promulgated under paragraph (3).’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect on the date of the enactment of this Act. 

5 USC 5307 note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2675 

This division may be cited as the ‘‘Legislative Branch Appropriations Act, 2016’’. 

DIVISION J—MILITARY CONSTRUCTION AND VETERANS 

AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS 

ACT, 2016 

TITLE I 

DEPARTMENT OF DEFENSE 

MILITARY CONSTRUCTION, ARMY

For acquisition, construction, installation, and equipment of 

temporary or permanent public works, military installations, facilities, and real property for the Army as currently authorized by 

law, including personnel in the Army Corps of Engineers and other 

personal services necessary for the purposes of this appropriation, 

and for construction and operation of facilities in support of the 

functions of the Commander in Chief, $663,245,000, to remain 

available until September 30, 2020: Provided, That, of this amount, 

not to exceed $109,245,000 shall be available for study, planning, 

design, architect and engineer services, and host nation support, 

as authorized by law, unless the Secretary of the Army determines 

that additional obligations are necessary for such purposes and 

notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor. 

MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

For acquisition, construction, installation, and equipment of 

temporary or permanent public works, naval installations, facilities, 

and real property for the Navy and Marine Corps as currently 

authorized by law, including personnel in the Naval Facilities 

Engineering Command and other personal services necessary for 

the purposes of this appropriation, $1,669,239,000, to remain available until September 30, 2020: Provided, That, of this amount, 

not to exceed $91,649,000 shall be available for study, planning, 

design, and architect and engineer services, as authorized by law, 

unless the Secretary of the Navy determines that additional obligations are necessary for such purposes and notifies the Committees 

on Appropriations of both Houses of Congress of the determination 

and the reasons therefor: Provided further, That none of the funds 

made available under this heading may be obligated for the Townsend Bombing Range Expansion, Phase 2, until the Secretary of 

the Navy enters into an agreement with local stakeholders that 

addresses the disposition and management of the timber and forest 

resources in the proposed areas of expansion. 

MILITARY CONSTRUCTION, AIR FORCE

For acquisition, construction, installation, and equipment of 

temporary or permanent public works, military installations, facilities, and real property for the Air Force as currently authorized 

by law, $1,389,185,000, to remain available until September 30, 

2020: Provided, That of this amount, not to exceed $89,164,000 

shall be available for study, planning, design, and architect and 

engineer services, as authorized by law, unless the Secretary of 

Military 

Construction and 

Veterans Affairs, 

and Related 

Agencies 

Appropriations 

Act, 2016. 


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129 STAT. 2676 PUBLIC LAW 114–113—DEC. 18, 2015 

the Air Force determines that additional obligations are necessary 

for such purposes and notifies the Committees on Appropriations 

of both Houses of Congress of the determination and the reasons 

therefor. 

MILITARY CONSTRUCTION, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For acquisition, construction, installation, and equipment of 

temporary or permanent public works, installations, facilities, and 

real property for activities and agencies of the Department of 

Defense (other than the military departments), as currently authorized by law, $2,242,867,000, to remain available until September 

30, 2020: Provided, That such amounts of this appropriation as 

may be determined by the Secretary of Defense may be transferred 

to such appropriations of the Department of Defense available for 

military construction or family housing as the Secretary may designate, to be merged with and to be available for the same purposes, 

and for the same time period, as the appropriation or fund to 

which transferred: Provided further, That of the amount appro- priated, not to exceed $175,404,000 shall be available for study, 

planning, design, and architect and engineer services, as authorized 

by law, unless the Secretary of Defense determines that additional 

obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the funds 

made available by this title to construct fiscal year 2016 Special 

Operations Command military construction projects, not to exceed 

75 percent shall be available until the Commander of the Special 

Operations Command has complied with the certification and 

reporting requirements in the last proviso under the heading 

‘‘Department of Defense—Military Construction, Defense-Wide’’ in 

title I of H.R. 2029, as passed by the House of Representatives 

on April 30, 2015. 

MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

For construction, acquisition, expansion, rehabilitation, and 

conversion of facilities for the training and administration of the 

Army National Guard, and contributions therefor, as authorized 

by chapter 1803 of title 10, United States Code, and Military 

Construction Authorization Acts, $197,237,000, to remain available 

until September 30, 2020: Provided, That, of the amount appro- priated, not to exceed $20,337,000 shall be available for study, 

planning, design, and architect and engineer services, as authorized 

by law, unless the Director of the Army National Guard determines 

that additional obligations are necessary for such purposes and 

notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor. 

MILITARY CONSTRUCTION, AIR NATIONAL GUARD

For construction, acquisition, expansion, rehabilitation, and 

conversion of facilities for the training and administration of the 

Air National Guard, and contributions therefor, as authorized by 

chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $138,738,000, to remain available until 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2677 

September 30, 2020: Provided, That, of the amount appropriated, 

not to exceed $5,104,000 shall be available for study, planning, 

design, and architect and engineer services, as authorized by law, 

unless the Director of the Air National Guard determines that 

additional obligations are necessary for such purposes and notifies 

the Committees on Appropriations of both Houses of Congress of 

the determination and the reasons therefor. 

MILITARY CONSTRUCTION, ARMY RESERVE

For construction, acquisition, expansion, rehabilitation, and 

conversion of facilities for the training and administration of the 

Army Reserve as authorized by chapter 1803 of title 10, United 

States Code, and Military Construction Authorization Acts, 

$113,595,000, to remain available until September 30, 2020: Provided, That, of the amount appropriated, not to exceed $9,318,000 

shall be available for study, planning, design, and architect and 

engineer services, as authorized by law, unless the Chief of the 

Army Reserve determines that additional obligations are necessary 

for such purposes and notifies the Committees on Appropriations 

of both Houses of Congress of the determination and the reasons 

therefor. 

MILITARY CONSTRUCTION, NAVY RESERVE

For construction, acquisition, expansion, rehabilitation, and 

conversion of facilities for the training and administration of the 

reserve components of the Navy and Marine Corps as authorized 

by chapter 1803 of title 10, United States Code, and Military 

Construction Authorization Acts, $36,078,000, to remain available 

until September 30, 2020: Provided, That, of the amount appropriated, not to exceed $2,208,000 shall be available for study, planning, design, and architect and engineer services, as authorized 

by law, unless the Secretary of the Navy determines that additional 

obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor. 

MILITARY CONSTRUCTION, AIR FORCE RESERVE

For construction, acquisition, expansion, rehabilitation, and 

conversion of facilities for the training and administration of the 

Air Force Reserve as authorized by chapter 1803 of title 10, United 

States Code, and Military Construction Authorization Acts, 

$65,021,000, to remain available until September 30, 2020: Provided, That, of the amount appropriated, not to exceed $13,400,000 

shall be available for study, planning, design, and architect and 

engineer services, as authorized by law, unless the Chief of the 

Air Force Reserve determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the 

reasons therefor. 


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129 STAT. 2678 PUBLIC LAW 114–113—DEC. 18, 2015 

NORTH ATLANTIC TREATY ORGANIZATION

SECURITY INVESTMENT PROGRAM

For the United States share of the cost of the North Atlantic 

Treaty Organization Security Investment Program for the acquisition and construction of military facilities and installations 

(including international military headquarters) and for related 

expenses for the collective defense of the North Atlantic Treaty 

Area as authorized by section 2806 of title 10, United States Code, 

and Military Construction Authorization Acts, $135,000,000, to 

remain available until expended. 

FAMILY HOUSING CONSTRUCTION, ARMY

For expenses of family housing for the Army for construction, 

including acquisition, replacement, addition, expansion, extension, 

and alteration, as authorized by law, $108,695,000, to remain available until September 30, 2020. 

FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY

For expenses of family housing for the Army for operation 

and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as 

authorized by law, $375,611,000. 

FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS

For expenses of family housing for the Navy and Marine Corps 

for construction, including acquisition, replacement, addition, 

expansion, extension, and alteration, as authorized by law, 

$16,541,000, to remain available until September 30, 2020. 

FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND

MARINE CORPS

For expenses of family housing for the Navy and Marine Corps 

for operation and maintenance, including debt payment, leasing, 

minor construction, principal and interest charges, and insurance 

premiums, as authorized by law, $353,036,000. 

FAMILY HOUSING CONSTRUCTION, AIR FORCE

For expenses of family housing for the Air Force for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $160,498,000, to remain 

available until September 30, 2020. 

FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE

For expenses of family housing for the Air Force for operation 

and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as 

authorized by law, $331,232,000. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2679 

FAMILY HOUSING OPERATION AND MAINTENANCE, DEFENSE-WIDE

For expenses of family housing for the activities and agencies 

of the Department of Defense (other than the military departments) 

for operation and maintenance, leasing, and minor construction, 

as authorized by law, $58,668,000. 

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

For deposit into the Department of Defense Base Closure 

Account, established by section 2906(a) of the Defense Base Closure 

and Realignment Act of 1990 (10 U.S.C. 2687 note), $266,334,000, 

to remain available until expended. 

ADMINISTRATIVE PROVISIONS

SEC. 101. None of the funds made available in this title shall 

be expended for payments under a cost-plus-a-fixed-fee contract 

for construction, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific 

approval in writing of the Secretary of Defense setting forth the 

reasons therefor. 

SEC. 102. Funds made available in this title for construction 

shall be available for hire of passenger motor vehicles. 

SEC. 103. Funds made available in this title for construction 

may be used for advances to the Federal Highway Administration, 

Department of Transportation, for the construction of access roads 

as authorized by section 210 of title 23, United States Code, when 

projects authorized therein are certified as important to the national 

defense by the Secretary of Defense. 

SEC. 104. None of the funds made available in this title may 

be used to begin construction of new bases in the United States 

for which specific appropriations have not been made. 

SEC. 105. None of the funds made available in this title shall 

be used for purchase of land or land easements in excess of 100 

percent of the value as determined by the Army Corps of Engineers 

or the Naval Facilities Engineering Command, except: (1) where 

there is a determination of value by a Federal court; (2) purchases 

negotiated by the Attorney General or the designee of the Attorney 

General; (3) where the estimated value is less than $25,000; or 

(4) as otherwise determined by the Secretary of Defense to be 

in the public interest. 

SEC. 106. None of the funds made available in this title shall 

be used to: (1) acquire land; (2) provide for site preparation; or 

(3) install utilities for any family housing, except housing for which 

funds have been made available in annual Acts making appropriations for military construction. 

SEC. 107. None of the funds made available in this title for 

minor construction may be used to transfer or relocate any activity 

from one base or installation to another, without prior notification 

to the Committees on Appropriations of both Houses of Congress. 

SEC. 108. None of the funds made available in this title may 

be used for the procurement of steel for any construction project 

or activity for which American steel producers, fabricators, and 

manufacturers have been denied the opportunity to compete for 

such steel procurement. 

SEC. 109. None of the funds available to the Department of 

Defense for military construction or family housing during the 


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129 STAT. 2680 PUBLIC LAW 114–113—DEC. 18, 2015 

current fiscal year may be used to pay real property taxes in 

any foreign nation. 

SEC. 110. None of the funds made available in this title may 

be used to initiate a new installation overseas without prior notification to the Committees on Appropriations of both Houses of Congress. 

SEC. 111. None of the funds made available in this title may 

be obligated for architect and engineer contracts estimated by the 

Government to exceed $500,000 for projects to be accomplished 

in Japan, in any North Atlantic Treaty Organization member 

country, or in countries bordering the Arabian Gulf, unless such 

contracts are awarded to United States firms or United States 

firms in joint venture with host nation firms. 

SEC. 112. None of the funds made available in this title for 

military construction in the United States territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering 

the Arabian Gulf, may be used to award any contract estimated 

by the Government to exceed $1,000,000 to a foreign contractor: 

Provided, That this section shall not be applicable to contract 

awards for which the lowest responsive and responsible bid of 

a United States contractor exceeds the lowest responsive and 

responsible bid of a foreign contractor by greater than 20 percent: 

Provided further, That this section shall not apply to contract 

awards for military construction on Kwajalein Atoll for which the 

lowest responsive and responsible bid is submitted by a Marshallese 

contractor. 

SEC. 113. The Secretary of Defense shall inform the appropriate 

committees of both Houses of Congress, including the Committees 

on Appropriations, of plans and scope of any proposed military 

exercise involving United States personnel 30 days prior to its 

occurring, if amounts expended for construction, either temporary 

or permanent, are anticipated to exceed $100,000. 

SEC. 114. Funds appropriated to the Department of Defense 

for construction in prior years shall be available for construction 

authorized for each such military department by the authorizations 

enacted into law during the current session of Congress. 

SEC. 115. For military construction or family housing projects 

that are being completed with funds otherwise expired or lapsed 

for obligation, expired or lapsed funds may be used to pay the 

cost of associated supervision, inspection, overhead, engineering 

and design on those projects and on subsequent claims, if any. 

SEC. 116. Notwithstanding any other provision of law, any 

funds made available to a military department or defense agency 

for the construction of military projects may be obligated for a 

military construction project or contract, or for any portion of such 

a project or contract, at any time before the end of the fourth 

fiscal year after the fiscal year for which funds for such project 

were made available, if the funds obligated for such project: (1) 

are obligated from funds available for military construction projects; 

and (2) do not exceed the amount appropriated for such project, 

plus any amount by which the cost of such project is increased 

pursuant to law. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 117. Subject to 30 days prior notification, or 14 days 

for a notification provided in an electronic medium pursuant to 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2681 

sections 480 and 2883 of title 10, United States Code, to the 

Committees on Appropriations of both Houses of Congress, such 

additional amounts as may be determined by the Secretary of 

Defense may be transferred to: (1) the Department of Defense 

Family Housing Improvement Fund from amounts appropriated 

for construction in ‘‘Family Housing’’ accounts, to be merged with 

and to be available for the same purposes and for the same period 

of time as amounts appropriated directly to the Fund; or (2) the 

Department of Defense Military Unaccompanied Housing Improvement Fund from amounts appropriated for construction of military 

unaccompanied housing in ‘‘Military Construction’’ accounts, to be 

merged with and to be available for the same purposes and for 

the same period of time as amounts appropriated directly to the 

Fund: Provided, That appropriations made available to the Funds 

shall be available to cover the costs, as defined in section 502(5) 

of the Congressional Budget Act of 1974, of direct loans or loan 

guarantees issued by the Department of Defense pursuant to the 

provisions of subchapter IV of chapter 169 of title 10, United States 

Code, pertaining to alternative means of acquiring and improving 

military family housing, military unaccompanied housing, and supporting facilities. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 118. In addition to any other transfer authority available 

to the Department of Defense, amounts may be transferred from 

the Department of Defense Base Closure Account to the fund established by section 1013(d) of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for expenses 

associated with the Homeowners Assistance Program incurred 

under 42 U.S.C. 3374(a)(1)(A). Any amounts transferred shall be 

merged with and be available for the same purposes and for the 

same time period as the fund to which transferred. 

SEC. 119. Notwithstanding any other provision of law, funds 

made available in this title for operation and maintenance of family 

housing shall be the exclusive source of funds for repair and maintenance of all family housing units, including general or flag officer 

quarters: Provided, That not more than $35,000 per unit may 

be spent annually for the maintenance and repair of any general 

or flag officer quarters without 30 days prior notification, or 14 

days for a notification provided in an electronic medium pursuant 

to sections 480 and 2883 of title 10, United States Code, to the 

Committees on Appropriations of both Houses of Congress, except 

that an after-the-fact notification shall be submitted if the limitation 

is exceeded solely due to costs associated with environmental 

remediation that could not be reasonably anticipated at the time 

of the budget submission: Provided further, That the Under Secretary of Defense (Comptroller) is to report annually to the Committees on Appropriations of both Houses of Congress all operation 

and maintenance expenditures for each individual general or flag 

officer quarters for the prior fiscal year. 

SEC. 120. Amounts contained in the Ford Island Improvement 

Account established by subsection (h) of section 2814 of title 10, 

United States Code, are appropriated and shall be available until 

expended for the purposes specified in subsection (i)(1) of such 

section or until transferred pursuant to subsection (i)(3) of such 

section. 

10 USC 2821 

note. 


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129 STAT. 2682 PUBLIC LAW 114–113—DEC. 18, 2015 

(INCLUDING TRANSFER OF FUNDS)

SEC. 121. During the 5-year period after appropriations available in this Act to the Department of Defense for military construction and family housing operation and maintenance and construction have expired for obligation, upon a determination that such 

appropriations will not be necessary for the liquidation of obligations 

or for making authorized adjustments to such appropriations for 

obligations incurred during the period of availability of such appropriations, unobligated balances of such appropriations may be transferred into the appropriation ‘‘Foreign Currency Fluctuations, 

Construction, Defense’’, to be merged with and to be available 

for the same time period and for the same purposes as the appropriation to which transferred. 

SEC. 122. (a) Except as provided in subsection (b), none of 

the funds made available in this Act may be used by the Secretary 

of the Army to relocate a unit in the Army that— 

(1) performs a testing mission or function that is not performed by any other unit in the Army and is specifically stipulated in title 10, United States Code; and 

(2) is located at a military installation at which the total 

number of civilian employees of the Department of the Army 

and Army contractor personnel employed exceeds 10 percent 

of the total number of members of the regular and reserve 

components of the Army assigned to the installation. 

(b) EXCEPTION.—Subsection (a) shall not apply if the Secretary 

of the Army certifies to the congressional defense committees that 

in proposing the relocation of the unit of the Army, the Secretary 

complied with Army Regulation 5–10 relating to the policy, procedures, and responsibilities for Army stationing actions. 

SEC. 123. Amounts appropriated or otherwise made available 

in an account funded under the headings in this title may be 

transferred among projects and activities within the account in 

accordance with the reprogramming guidelines for military 

construction and family housing construction contained in Department of Defense Financial Management Regulation 7000.14–R, 

Volume 3, Chapter 7, of February 2009, as in effect on the date 

of enactment of this Act. 

SEC. 124. None of the funds made available in this title may 

be obligated or expended for planning and design and construction 

of projects at Arlington National Cemetery. 

(RESCISSION OF FUNDS)

SEC. 125. Of the unobligated balances available for ‘‘Military 

Construction, Army’’ and ‘‘Family Housing Construction, Army’’, 

from prior appropriation Acts (other than appropriations designated 

by law as being for contingency operations directly related to the 

global war on terrorism or as an emergency requirement), 

$86,420,000 are hereby rescinded. 

(RESCISSION OF FUNDS)

SEC. 126. Of the unobligated balances available for ‘‘Military 

Construction, Air Force’’, from prior appropriation Acts (other than 

appropriations designated by law as being for contingency operations directly related to the global war on terrorism or as an 

emergency requirement), $46,400,000 are hereby rescinded. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2683 

(RESCISSION OF FUNDS)

SEC. 127. Of the unobligated balances available for ‘‘Military 

Construction, Defense-Wide’’, from prior appropriation Acts (other 

than appropriations designated by law as being for contingency 

operations directly related to the global war on terrorism or as 

an emergency requirement), $134,000,000 are hereby rescinded. 

SEC. 128. For an additional amount for ‘‘Military Construction, 

Army’’, $34,500,000, to remain available until September 30, 2020: 

Provided, That such funds may only be obligated to carry out 

construction projects identified in the Department of the Army’s 

Unfunded Priority List for Fiscal Year 2016 submitted to Congress: 

Provided further, That such funding is for projects as authorized 

in the National Defense Authorization Act for Fiscal Year 2016: 

Provided further, That, not later than 30 days after enactment 

of this Act, the Secretary of the Army shall submit to the Committees on Appropriations of both Houses of Congress an expenditure 

plan for funds provided under this section. 

SEC. 129. For an additional amount for ‘‘Military Construction, 

Navy and Marine Corps’’, $34,500,000, to remain available until 

September 30, 2020: Provided, That such funds may only be obligated to carry out construction projects identified in the Department 

of the Navy’s Unfunded Priority List for Fiscal Year 2016: Provided 

further, That such funding is for projects as authorized in the 

National Defense Authorization Act for Fiscal Year 2016: Provided 

further, That, not later than 30 days after enactment of this Act, 

the Secretary of the Navy shall submit to the Committees on 

Appropriations of both Houses of Congress an expenditure plan 

for funds provided under this section. 

SEC. 130. For an additional amount for ‘‘Military Construction, 

Army National Guard’’, $51,300,000, to remain available until September 30, 2020: Provided, That such funds may only be obligated 

to carry out construction projects identified in the Department 

of the Army’s Unfunded Priority List for Fiscal Year 2016 submitted 

to Congress: Provided further, That such funding is for projects 

as authorized in the National Defense Authorization Act for Fiscal 

Year 2016: Provided further, That, not later than 30 days after 

enactment of this Act, the Secretary of the Army shall submit 

to the Committees on Appropriations of both Houses of Congress 

an expenditure plan for funds provided under this section. 

SEC. 131. For an additional amount for ‘‘Military Construction, 

Army Reserve’’, $34,200,000, to remain available until September 

30, 2020: Provided, That such funds may only be obligated to 

carry out construction projects identified in the Department of 

the Army’s Unfunded Priority List for Fiscal Year 2016 submitted 

to Congress: Provided further, That such funding is for projects 

as authorized in the National Defense Authorization Act for Fiscal 

Year 2016: Provided further, That, not later than 30 days after 

enactment of this Act, the Secretary of the Army shall submit 

to the Committees on Appropriations of both Houses of Congress 

an expenditure plan for funds provided under this section. 

SEC. 132. Notwithstanding section 124, for an additional 

amount for ‘‘Military Construction, Army’’ in this title, $30,000,000 

is provided for advances to the Federal Highway Administration, 

Department of Transportation, for construction of access roads as 

authorized by section 210 of title 23, United States Code. 


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SEC. 133. For an additional amount for ‘‘Military Construction, Air Force’’, $21,000,000, to remain available until September 30, 

2020: Provided, That such funds may only be obligated to carry 

out construction projects identified in the Department of the Air 

Force’s Unfunded Priority List for Fiscal Year 2016 submitted to 

Congress: Provided further, That such funding is for projects as 

authorized in the National Defense Authorization Act for Fiscal 

Year 2016: Provided further, That not later than 30 days after 

enactment of this Act, the Secretary of the Air Force shall submit 

to the Committees on Appropriations of both Houses of Congress 

an expenditure plan for funds provided under this section. 

SEC. 134. For an additional amount for ‘‘Military Construction, Air National Guard’’, $6,100,000, to remain available until September 30, 2020: Provided, That such funds may only be obligated 

to carry out construction projects identified in the Department 

of the Air Force’s Unfunded Priority List for Fiscal Year 2016 

submitted to Congress: Provided further, That such funding is for 

projects as authorized in the National Defense Authorization Act 

for Fiscal Year 2016: Provided further, That not later than 30 

days after enactment of this Act, the Secretary of the Air Force 

shall submit to the Committees on Appropriations of both Houses 

of Congress an expenditure plan for funds provided under this 

section. 

SEC. 135. For the purposes of this Act, the term ‘‘congressional 

defense committees’’ means the Committees on Armed Services 

of the House of Representatives and the Senate, the Subcommittee 

on Military Construction and Veterans Affairs of the Committee 

on Appropriations of the Senate, and the Subcommittee on Military 

Construction and Veterans Affairs of the Committee on Appropriations of the House of Representatives. 

(RESCISSION OF FUNDS)

SEC. 136. Of the unobligated balances made available in prior 

appropriation Acts for the fund established in section 1013(d) of 

the Demonstration Cities and Metropolitan Development Act of 

1966 (42 U.S.C. 3374) (other than appropriations designated by 

law as being for contingency operations directly related to the 

global war on terrorism or as an emergency requirement), 

$105,000,000 are hereby rescinded. 

SEC. 137. For an additional amount for ‘‘Military Construction, 

Air Force Reserve’’, $10,400,000, to remain available until September 30, 2020: Provided, That such funds may only be obligated 

to carry out construction projects identified in the Department 

of the Air Force’s Unfunded Priority List for Fiscal Year 2016 

submitted to Congress: Provided further, That such funding is for 

projects as authorized in the National Defense Authorization Act 

for Fiscal Year 2016: Provided further, That not later than 30 

days after enactment of this Act, the Secretary of the Air Force 

shall submit to the Committees on Appropriations of both Houses 

of Congress an expenditure plan for funds provided under this 

section. 

SEC. 138. Notwithstanding any other provision of law, none 

of the funds appropriated or otherwise made available by this 

or any other Act may be used to consolidate or relocate any element 

of a United States Air Force Rapid Engineer Deployable Heavy 

Operational Repair Squadron Engineer (RED HORSE) outside of 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2685 

the United States until the Secretary of the Air Force (1) completes 

an analysis and comparison of the cost and infrastructure investment required to consolidate or relocate a RED HORSE squadron 

outside of the United States versus within the United States; (2) 

provides to the Committees on Appropriations of both Houses of 

Congress (‘‘the Committees’’) a report detailing the findings of the 

cost analysis; and (3) certifies in writing to the Committees that 

the preferred site for the consolidation or relocation yields the 

greatest savings for the Air Force: Provided, That the term ‘‘United 

States’’ in this section does not include any territory or possession 

of the United States. 

SEC. 139. None of the funds made available by this Act may 

be used to carry out the closure or transfer of the United States 

Naval Station, Guanta ́namo Bay, Cuba. 

TITLE II 

DEPARTMENT OF VETERANS AFFAIRS 

VETERANS BENEFITS ADMINISTRATION

COMPENSATION AND PENSIONS

(INCLUDING TRANSFER OF FUNDS)

For the payment of compensation benefits to or on behalf of 

veterans and a pilot program for disability examinations as authorized by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 

of title 38, United States Code; pension benefits to or on behalf 

of veterans as authorized by chapters 15, 51, 53, 55, and 61 of 

title 38, United States Code; and burial benefits, the Reinstated 

Entitlement Program for Survivors, emergency and other officers’ 

retirement pay, adjusted-service credits and certificates, payment 

of premiums due on commercial life insurance policies guaranteed 

under the provisions of title IV of the Servicemembers Civil Relief 

Act (50 U.S.C. App. 541 et seq.) and for other benefits as authorized 

by sections 107, 1312, 1977, and 2106, and chapters 23, 51, 53, 

55, and 61 of title 38, United States Code, $162,948,673,000, to 

remain available until expended, of which $86,083,128,000 shall 

become available on October 1, 2016: Provided, That not to exceed 

$15,562,000 of the amount made available for fiscal year 2016 

and $16,021,000 of the amount made available for fiscal year 2017 

under this heading shall be reimbursed to ‘‘General Operating 

Expenses, Veterans Benefits Administration’’, and ‘‘Information 

Technology Systems’’ for necessary expenses in implementing the 

provisions of chapters 51, 53, and 55 of title 38, United States 

Code, the funding source for which is specifically provided as the 

‘‘Compensation and Pensions’’ appropriation: Provided further, That 

such sums as may be earned on an actual qualifying patient basis, 

shall be reimbursed to ‘‘Medical Care Collections Fund’’ to augment 

the funding of individual medical facilities for nursing home care 

provided to pensioners as authorized. 

READJUSTMENT BENEFITS

For the payment of readjustment and rehabilitation benefits 

to or on behalf of veterans as authorized by chapters 21, 30, 31, 

33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38, United 


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129 STAT. 2686 PUBLIC LAW 114–113—DEC. 18, 2015 

States Code, $30,654,185,000, to remain available until expended, 

of which $16,340,828,000 shall become available on October 1, 2016: 

Provided, That expenses for rehabilitation program services and 

assistance which the Secretary is authorized to provide under subsection (a) of section 3104 of title 38, United States Code, other 

than under paragraphs (1), (2), (5), and (11) of that subsection, 

shall be charged to this account. 

VETERANS INSURANCE AND INDEMNITIES

For military and naval insurance, national service life insurance, servicemen’s indemnities, service-disabled veterans insurance, 

and veterans mortgage life insurance as authorized by chapters 

19 and 21, title 38, United States Code, $169,080,000, to remain 

available until expended, of which $91,920,000 shall become available on October 1, 2016. 

VETERANS HOUSING BENEFIT PROGRAM FUND

For the cost of direct and guaranteed loans, such sums as 

may be necessary to carry out the program, as authorized by subchapters I through III of chapter 37 of title 38, United States 

Code: Provided, That such costs, including the cost of modifying 

such loans, shall be as defined in section 502 of the Congressional 

Budget Act of 1974: Provided further, That, during fiscal year 2016, within the resources available, not to exceed $500,000 in 

gross obligations for direct loans are authorized for specially 

adapted housing loans. 

In addition, for administrative expenses to carry out the direct and guaranteed loan programs, $164,558,000. 

VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

For the cost of direct loans, $31,000, as authorized by chapter 

31 of title 38, United States Code: Provided, That such costs, 

including the cost of modifying such loans, shall be as defined 

in section 502 of the Congressional Budget Act of 1974: Provided 

further, That funds made available under this heading are available 

to subsidize gross obligations for the principal amount of direct 

loans not to exceed $2,952,000. 

In addition, for administrative expenses necessary to carry 

out the direct loan program, $367,000, which may be paid to the 

appropriation for ‘‘General Operating Expenses, Veterans Benefits 

Administration’’. 

NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT

For administrative expenses to carry out the direct loan program authorized by subchapter V of chapter 37 of title 38, United 

States Code, $1,134,000. 

VETERANS HEALTH ADMINISTRATION

MEDICAL SERVICES

For necessary expenses for furnishing, as authorized by law, 

inpatient and outpatient care and treatment to beneficiaries of 


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the Department of Veterans Affairs and veterans described in section 1705(a) of title 38, United States Code, including care and 

treatment in facilities not under the jurisdiction of the Department, 

and including medical supplies and equipment, bioengineering services, food services, and salaries and expenses of healthcare 

employees hired under title 38, United States Code, aid to State 

homes as authorized by section 1741 of title 38, United States 

Code, assistance and support services for caregivers as authorized 

by section 1720G of title 38, United States Code, loan repayments 

authorized by section 604 of the Caregivers and Veterans Omnibus 

Health Services Act of 2010 (Public Law 111–163; 124 Stat. 1174; 

38 U.S.C. 7681 note), and hospital care and medical services authorized by section 1787 of title 38, United States Code; $2,369,158,000, 

which shall be in addition to funds previously appropriated under 

this heading that became available on October 1, 2015; and, in 

addition, $51,673,000,000, plus reimbursements, shall become available on October 1, 2016, and shall remain available until September 

30, 2017: Provided, That, of the amount made available on October 

1, 2016, under this heading, $1,400,000,000 shall remain available 

until September 30, 2018: Provided further, That, notwithstanding 

any other provision of law, the Secretary of Veterans Affairs shall 

establish a priority for the provision of medical treatment for veterans who have service-connected disabilities, lower income, or have 

special needs: Provided further, That, notwithstanding any other 

provision of law, the Secretary of Veterans Affairs shall give priority 

funding for the provision of basic medical benefits to veterans 

in enrollment priority groups 1 through 6: Provided further, That, 

notwithstanding any other provision of law, the Secretary of Veterans Affairs may authorize the dispensing of prescription drugs 

from Veterans Health Administration facilities to enrolled veterans 

with privately written prescriptions based on requirements established by the Secretary: Provided further, That the implementation 

of the program described in the previous proviso shall incur no 

additional cost to the Department of Veterans Affairs: Provided 

further, That, of the amount made available on October 1, 2016, 

under this heading, not less than $1,500,000,000 shall be available 

for Hepatitis C Virus (HCV) clinical treatments, including clinical 

treatments with modern medications that have significantly higher 

cure rates than older medications, are easier to prescribe, and 

have fewer and milder side effects: Provided further, That the 

Secretary of Veterans Affairs shall ensure that sufficient amounts 

appropriated under this heading for medical supplies and equipment 

are available for the acquisition of gender appropriate prosthetics. 

MEDICAL SUPPORT AND COMPLIANCE

For necessary expenses in the administration of the medical, 

hospital, nursing home, domiciliary, construction, supply, and 

research activities, as authorized by law; administrative expenses 

in support of capital policy activities; and administrative and legal 

expenses of the Department for collecting and recovering amounts 

owed the Department as authorized under chapter 17 of title 38, 

United States Code, and the Federal Medical Care Recovery Act 

(42 U.S.C. 2651 et seq.), $6,524,000,000, plus reimbursements, shall 

become available on October 1, 2016, and shall remain available 

until September 30, 2017: Provided, That, of the amount made 


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available on October 1, 2016, under this heading, $100,000,000 

shall remain available until September 30, 2018. 

MEDICAL FACILITIES

For necessary expenses for the maintenance and operation of 

hospitals, nursing homes, domiciliary facilities, and other necessary 

facilities of the Veterans Health Administration; for administrative 

expenses in support of planning, design, project management, real 

property acquisition and disposition, construction, and renovation 

of any facility under the jurisdiction or for the use of the Department; for oversight, engineering, and architectural activities not 

charged to project costs; for repairing, altering, improving, or providing facilities in the several hospitals and homes under the jurisdiction of the Department, not otherwise provided for, either by 

contract or by the hire of temporary employees and purchase of 

materials; for leases of facilities; and for laundry services; 

$105,132,000, which shall be in addition to funds previously appropriated under this heading that became available on October 1, 

2015; and, in addition, $5,074,000,000, plus reimbursements, shall 

become available on October 1, 2016, and shall remain available 

until September 30, 2017: Provided, That, of the amount made 

available on October 1, 2016, under this heading, $250,000,000 

shall remain available until September 30, 2018. 

MEDICAL AND PROSTHETIC RESEARCH

For necessary expenses in carrying out programs of medical 

and prosthetic research and development as authorized by chapter 

73 of title 38, United States Code, $630,735,000, plus reimbursements, shall remain available until September 30, 2017: Provided, 

That the Secretary of Veterans Affairs shall ensure that sufficient 

amounts appropriated under this heading are available for gender 

appropriate prosthetic research and toxic exposure research. 

NATIONAL CEMETERY ADMINISTRATION

For necessary expenses of the National Cemetery Administration for operations and maintenance, not otherwise provided for, 

including uniforms or allowances therefor; cemeterial expenses as 

authorized by law; purchase of one passenger motor vehicle for 

use in cemeterial operations; hire of passenger motor vehicles; and 

repair, alteration or improvement of facilities under the jurisdiction 

of the National Cemetery Administration, $271,220,000, of which 

not to exceed $26,600,000 shall remain available until September 

30, 2017. 

DEPARTMENTAL ADMINISTRATION

GENERAL ADMINISTRATION

(INCLUDING TRANSFER OF FUNDS)

For necessary operating expenses of the Department of Veterans Affairs, not otherwise provided for, including administrative 

expenses in support of Department-wide capital planning, management and policy activities, uniforms, or allowances therefor; not 

to exceed $25,000 for official reception and representation expenses; 


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hire of passenger motor vehicles; and reimbursement of the General 

Services Administration for security guard services, $336,659,000, 

of which not to exceed $10,000,000 shall remain available until 

September 30, 2017: Provided, That funds provided under this 

heading may be transferred to ‘‘General Operating Expenses, Veterans Benefits Administration’’. 

BOARD OF VETERANS APPEALS

For necessary operating expenses of the Board of Veterans Appeals, $109,884,000, of which not to exceed $10,788,000 shall 

remain available until September 30, 2017. 

GENERAL OPERATING EXPENSES, VETERANS BENEFITS

ADMINISTRATION

For necessary operating expenses of the Veterans Benefits 

Administration, not otherwise provided for, including hire of passenger motor vehicles, reimbursement of the General Services 

Administration for security guard services, and reimbursement of 

the Department of Defense for the cost of overseas employee mail, 

$2,707,734,000: Provided, That expenses for services and assistance 

authorized under paragraphs (1), (2), (5), and (11) of section 3104(a) 

of title 38, United States Code, that the Secretary of Veterans 

Affairs determines are necessary to enable entitled veterans: (1) 

to the maximum extent feasible, to become employable and to 

obtain and maintain suitable employment; or (2) to achieve maximum independence in daily living, shall be charged to this account: 

Provided further, That, of the funds made available under this 

heading, not to exceed $160,000,000 shall remain available until 

September 30, 2017. 

INFORMATION TECHNOLOGY SYSTEMS

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for information technology systems and 

telecommunications support, including developmental information 

systems and operational information systems; for pay and associated 

costs; and for the capital asset acquisition of information technology 

systems, including management and related contractual costs of 

said acquisitions, including contractual costs associated with operations authorized by section 3109 of title 5, United States Code, 

$4,133,363,000, plus reimbursements: Provided, That 

$1,115,757,000 shall be for pay and associated costs, of which not 

to exceed $34,800,000 shall remain available until September 30, 

2017: Provided further, That $2,512,863,000 shall be for operations 

and maintenance, of which not to exceed $175,000,000 shall remain 

available until September 30, 2017: Provided further, That 

$504,743,000 shall be for information technology systems development, modernization, and enhancement, and shall remain available 

until September 30, 2017: Provided further, That amounts made 

available for information technology systems development, modernization, and enhancement may not be obligated or expended 

until the Secretary of Veterans Affairs or the Chief Information 

Officer of the Department of Veterans Affairs submits to the 

Committees on Appropriations of both Houses of Congress a certification of the amounts, in parts or in full, to be obligated and 


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expended for each development project: Provided further, That 

amounts made available for salaries and expenses, operations and 

maintenance, and information technology systems development, 

modernization, and enhancement may be transferred among the 

three subaccounts after the Secretary of Veterans Affairs requests 

from the Committees on Appropriations of both Houses of Congress 

the authority to make the transfer and an approval is issued: 

Provided further, That amounts made available for the ‘‘Information 

Technology Systems’’ account for development, modernization, and 

enhancement may be transferred among projects or to newly defined 

projects: Provided further, That no project may be increased or 

decreased by more than $1,000,000 of cost prior to submitting 

a request to the Committees on Appropriations of both Houses 

of Congress to make the transfer and an approval is issued, or 

absent a response, a period of 30 days has elapsed: Provided further, 

That funds under this heading may be used by the Interagency 

Program Office through the Department of Veterans Affairs to 

define data standards, code sets, and value sets used to enable 

interoperability: Provided further, That, of the funds made available 

for information technology systems development, modernization, 

and enhancement for VistA Evolution, not more than 25 percent 

may be obligated or expended until the Secretary of Veterans Affairs 

submits to the Committees on Appropriations of both Houses of 

Congress, and such Committees approve, a report that describes: 

(1) the status of and changes to the VistA Evolution program 

plan dated March 24, 2014 (hereinafter referred to as the ‘‘Plan’’), 

the VistA 4 product roadmap dated February 26, 2015 (‘‘Roadmap’’), 

and the VistA 4 Incremental Life Cycle Cost Estimate, dated 

October 26, 2014; (2) any changes to the scope or functionality 

of projects within the VistA Evolution program as established in 

the Plan; (3) actual program costs incurred to date; (4) progress 

in meeting the schedule milestones that have been established 

in the Plan; (5) a Project Management Accountability System 

(PMAS) Dashboard Progress report that identifies each VistA Evolution project being tracked through PMAS, what functionality it 

is intended to provide, and what evaluation scores it has received 

throughout development; (6) the definition being used for interoperability between the electronic health record systems of the Department of Defense and the Department of Veterans Affairs, the 

metrics to measure the extent of interoperability, the milestones 

and timeline associated with achieving interoperability, and the 

baseline measurements associated with interoperability; (7) 

progress toward developing and implementing all components and 

levels of interoperability, including semantic interoperability; (8) 

the change management tools in place to facilitate the implementation of VistA Evolution and interoperability; and (9) any changes 

to the governance structure for the VistA Evolution program and 

its chain of decisionmaking authority: Provided further, That the 

funds made available under this heading for information technology 

systems development, modernization, and enhancement, shall be 

for the projects, and in the amounts, specified under this heading 

in the explanatory statement described in section 4 (in the matter 

preceding division A of this consolidated Act). 


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OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General, to 

include information technology, in carrying out the provisions of 

the Inspector General Act of 1978 (5 U.S.C. App.), $136,766,000, 

of which not to exceed $12,676,000 shall remain available until 

September 30, 2017. 

CONSTRUCTION, MAJOR PROJECTS

For constructing, altering, extending, and improving any of 

the facilities, including parking projects, under the jurisdiction or 

for the use of the Department of Veterans Affairs, or for any 

of the purposes set forth in sections 316, 2404, 2406 and chapter 

81 of title 38, United States Code, not otherwise provided for, 

including planning, architectural and engineering services, 

construction management services, maintenance or guarantee 

period services costs associated with equipment guarantees provided 

under the project, services of claims analysts, offsite utility and 

storm drainage system construction costs, and site acquisition, 

where the estimated cost of a project is more than the amount 

set forth in section 8104(a)(3)(A) of title 38, United States Code, 

or where funds for a project were made available in a previous 

major project appropriation, $1,243,800,000, of which 

$1,163,800,000 shall remain available until September 30, 2020, 

and of which $80,000,000 shall remain available until expended: 

Provided, That except for advance planning activities, including 

needs assessments which may or may not lead to capital investments, and other capital asset management related activities, 

including portfolio development and management activities, and 

investment strategy studies funded through the advance planning 

fund and the planning and design activities funded through the 

design fund, including needs assessments which may or may not 

lead to capital investments, and salaries and associated costs of 

the resident engineers who oversee those capital investments funded 

through this account, and funds provided for the purchase of land 

for the National Cemetery Administration through the land acquisition line item, none of the funds made available under this heading 

shall be used for any project which has not been approved by 

the Congress in the budgetary process: Provided further, That funds 

made available under this heading for fiscal year 2016, for each 

approved project shall be obligated: (1) by the awarding of a 

construction documents contract by September 30, 2016; and (2) 

by the awarding of a construction contract by September 30, 2017: 

Provided further, That the Secretary of Veterans Affairs shall 

promptly submit to the Committees on Appropriations of both 

Houses of Congress a written report on any approved major 

construction project for which obligations are not incurred within 

the time limitations established above: Provided further, That, of 

the amount made available under this heading, $649,000,000 for 

Veterans Health Administration major construction projects shall 

not be available until the Department of Veterans Affairs— 

(1) enters into an agreement with an appropriate nonDepartment of Veterans Affairs Federal entity to serve as the 

design and/or construction agent for any Veterans Health 

Administration major construction project with a Total Estimated Cost of $100,000,000 or above by providing full project 

management services, including management of the project 


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129 STAT. 2692 PUBLIC LAW 114–113—DEC. 18, 2015 

design, acquisition, construction, and contract changes, consistent with section 502 of Public Law 114–58; and 

(2) certifies in writing that such an agreement is executed 

and intended to minimize or prevent subsequent major 

construction project cost overruns and provides a copy of the 

agreement entered into and any required supplementary 

information to the Committees on Appropriations of both 

Houses of Congress. 

CONSTRUCTION, MINOR PROJECTS

For constructing, altering, extending, and improving any of 

the facilities, including parking projects, under the jurisdiction or 

for the use of the Department of Veterans Affairs, including planning and assessments of needs which may lead to capital investments, architectural and engineering services, maintenance or guarantee period services costs associated with equipment guarantees 

provided under the project, services of claims analysts, offsite utility 

and storm drainage system construction costs, and site acquisition, 

or for any of the purposes set forth in sections 316, 2404, 2406 

and chapter 81 of title 38, United States Code, not otherwise 

provided for, where the estimated cost of a project is equal to 

or less than the amount set forth in section 8104(a)(3)(A) of title 

38, United States Code, $406,200,000, to remain available until 

September 30, 2020, along with unobligated balances of previous 

‘‘Construction, Minor Projects’’ appropriations which are hereby 

made available for any project where the estimated cost is equal 

to or less than the amount set forth in such section: Provided, 

That funds made available under this heading shall be for: (1) 

repairs to any of the nonmedical facilities under the jurisdiction 

or for the use of the Department which are necessary because 

of loss or damage caused by any natural disaster or catastrophe; 

and (2) temporary measures necessary to prevent or to minimize 

further loss by such causes. 

GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES

For grants to assist States to acquire or construct State nursing 

home and domiciliary facilities and to remodel, modify, or alter 

existing hospital, nursing home, and domiciliary facilities in State 

homes, for furnishing care to veterans as authorized by sections 

8131 through 8137 of title 38, United States Code, $120,000,000, 

to remain available until expended. 

GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES

For grants to assist States and tribal organizations in establishing, expanding, or improving veterans cemeteries as authorized 

by section 2408 of title 38, United States Code, $46,000,000, to 

remain available until expended. 

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS)

SEC. 201. Any appropriation for fiscal year 2016 for ‘‘Compensation and Pensions’’, ‘‘Readjustment Benefits’’, and ‘‘Veterans Insurance and Indemnities’’ may be transferred as necessary to any 


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other of the mentioned appropriations: Provided, That, before a 

transfer may take place, the Secretary of Veterans Affairs shall 

request from the Committees on Appropriations of both Houses 

of Congress the authority to make the transfer and such Committees 

issue an approval, or absent a response, a period of 30 days has 

elapsed. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 202. Amounts made available for the Department of Veterans Affairs for fiscal year 2016, in this or any other Act, under 

the ‘‘Medical Services’’, ‘‘Medical Support and Compliance’’, and 

‘‘Medical Facilities’’ accounts may be transferred among the 

accounts: Provided, That any transfers between the ‘‘Medical Services’’ and ‘‘Medical Support and Compliance’’ accounts of 1 percent 

or less of the total amount appropriated to the account in this 

or any other Act may take place subject to notification from the 

Secretary of Veterans Affairs to the Committees on Appropriations 

of both Houses of Congress of the amount and purpose of the 

transfer: Provided further, That any transfers between the ‘‘Medical 

Services’’ and ‘‘Medical Support and Compliance’’ accounts in excess 

of 1 percent, or exceeding the cumulative 1 percent for the fiscal 

year, may take place only after the Secretary requests from the 

Committees on Appropriations of both Houses of Congress the 

authority to make the transfer and an approval is issued: Provided 

further, That any transfers to or from the ‘‘Medical Facilities’’ 

account may take place only after the Secretary requests from 

the Committees on Appropriations of both Houses of Congress the 

authority to make the transfer and an approval is issued. 

SEC. 203. Appropriations available in this title for salaries 

and expenses shall be available for services authorized by section 

3109 of title 5, United States Code; hire of passenger motor vehicles; 

lease of a facility or land or both; and uniforms or allowances 

therefore, as authorized by sections 5901 through 5902 of title 

5, United States Code. 

SEC. 204. No appropriations in this title (except the appropriations for ‘‘Construction, Major Projects’’, and ‘‘Construction, Minor 

Projects’’) shall be available for the purchase of any site for or 

toward the construction of any new hospital or home. 

SEC. 205. No appropriations in this title shall be available 

for hospitalization or examination of any persons (except beneficiaries entitled to such hospitalization or examination under the 

laws providing such benefits to veterans, and persons receiving 

such treatment under sections 7901 through 7904 of title 5, United 

States Code, or the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the cost of such hospitalization or examination is made 

to the ‘‘Medical Services’’ account at such rates as may be fixed 

by the Secretary of Veterans Affairs. 

SEC. 206. Appropriations available in this title for ‘‘Compensation and Pensions’’, ‘‘Readjustment Benefits’’, and ‘‘Veterans Insurance and Indemnities’’ shall be available for payment of prior year 

accrued obligations required to be recorded by law against the 

corresponding prior year accounts within the last quarter of fiscal 

year 2015. 


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129 STAT. 2694 PUBLIC LAW 114–113—DEC. 18, 2015 

SEC. 207. Appropriations available in this title shall be available 

to pay prior year obligations of corresponding prior year appropriations accounts resulting from sections 3328(a), 3334, and 3712(a) 

of title 31, United States Code, except that if such obligations 

are from trust fund accounts they shall be payable only from ‘‘Compensation and Pensions’’. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 208. Notwithstanding any other provision of law, during 

fiscal year 2016, the Secretary of Veterans Affairs shall, from the 

National Service Life Insurance Fund under section 1920 of title 

38, United States Code, the Veterans’ Special Life Insurance Fund 

under section 1923 of title 38, United States Code, and the United 

States Government Life Insurance Fund under section 1955 of 

title 38, United States Code, reimburse the ‘‘General Operating 

Expenses, Veterans Benefits Administration’’ and ‘‘Information 

Technology Systems’’ accounts for the cost of administration of 

the insurance programs financed through those accounts: Provided, That reimbursement shall be made only from the surplus earnings 

accumulated in such an insurance program during fiscal year 2016 

that are available for dividends in that program after claims have 

been paid and actuarially determined reserves have been set aside: 

Provided further, That if the cost of administration of such an 

insurance program exceeds the amount of surplus earnings accumulated in that program, reimbursement shall be made only to the 

extent of such surplus earnings: Provided further, That the Secretary shall determine the cost of administration for fiscal year 

2016 which is properly allocable to the provision of each such 

insurance program and to the provision of any total disability 

income insurance included in that insurance program. 

SEC. 209. Amounts deducted from enhanced-use lease proceeds 

to reimburse an account for expenses incurred by that account 

during a prior fiscal year for providing enhanced-use lease services, 

may be obligated during the fiscal year in which the proceeds 

are received. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 210. Funds available in this title or funds for salaries 

and other administrative expenses shall also be available to 

reimburse the Office of Resolution Management of the Department 

of Veterans Affairs and the Office of Employment Discrimination 

Complaint Adjudication under section 319 of title 38, United States 

Code, for all services provided at rates which will recover actual 

costs but not to exceed $43,700,000 for the Office of Resolution 

Management and $3,400,000 for the Office of Employment Discrimination Complaint Adjudication: Provided, That payments may be 

made in advance for services to be furnished based on estimated 

costs: Provided further, That amounts received shall be credited 

to the ‘‘General Administration’’ and ‘‘Information Technology Systems’’ accounts for use by the office that provided the service. 

(TRANSFER OF FUNDS)

SEC. 211. Of the amounts made available to the Department 

of Veterans Affairs for fiscal year 2016 for the Office of Rural 

Health under the heading ‘‘Medical Services’’, including any advance 


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appropriation for fiscal year 2016 provided in prior appropriation 

Acts, up to $20,000,000 may be transferred to and merged with 

funds appropriated under the heading ‘‘Grants for Construction 

of State Extended Care Facilities’’. 

SEC. 212. No funds of the Department of Veterans Affairs 

shall be available for hospital care, nursing home care, or medical 

services provided to any person under chapter 17 of title 38, United 

States Code, for a non-service-connected disability described in section 1729(a)(2) of such title, unless that person has disclosed to 

the Secretary of Veterans Affairs, in such form as the Secretary 

may require, current, accurate third-party reimbursement information for purposes of section 1729 of such title: Provided, That 

the Secretary may recover, in the same manner as any other debt 

due the United States, the reasonable charges for such care or 

services from any person who does not make such disclosure as 

required: Provided further, That any amounts so recovered for care 

or services provided in a prior fiscal year may be obligated by 

the Secretary during the fiscal year in which amounts are received. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 213. Notwithstanding any other provision of law, proceeds 

or revenues derived from enhanced-use leasing activities (including 

disposal) may be deposited into the ‘‘Construction, Major Projects’’ 

and ‘‘Construction, Minor Projects’’ accounts and be used for 

construction (including site acquisition and disposition), alterations, 

and improvements of any medical facility under the jurisdiction 

or for the use of the Department of Veterans Affairs. Such sums 

as realized are in addition to the amount provided for in ‘‘Construction, Major Projects’’ and ‘‘Construction, Minor Projects’’. 

SEC. 214. Amounts made available under ‘‘Medical Services’’ 

are available— 

(1) for furnishing recreational facilities, supplies, and equipment; and 

(2) for funeral expenses, burial expenses, and other 

expenses incidental to funerals and burials for beneficiaries 

receiving care in the Department. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 215. Such sums as may be deposited to the Medical 

Care Collections Fund pursuant to section 1729A of title 38, United 

States Code, may be transferred to ‘‘Medical Services’’, to remain 

available until expended for the purposes of that account. 

SEC. 216. The Secretary of Veterans Affairs may enter into 

agreements with Indian tribes and tribal organizations which are 

party to the Alaska Native Health Compact with the Indian Health 

Service, and Indian tribes and tribal organizations serving rural 

Alaska which have entered into contracts with the Indian Health 

Service under the Indian Self Determination and Educational 

Assistance Act, to provide healthcare, including behavioral health 

and dental care. The Secretary shall require participating veterans 

and facilities to comply with all appropriate rules and regulations, 

as established by the Secretary. The term ‘‘rural Alaska’’ shall 

mean those lands sited within the external boundaries of the Alaska 

Native regions specified in sections 7(a)(1)–(4) and (7)–(12) of the 

Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1606), 

and those lands within the Alaska Native regions specified in 


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129 STAT. 2696 PUBLIC LAW 114–113—DEC. 18, 2015 

sections 7(a)(5) and 7(a)(6) of the Alaska Native Claims Settlement 

Act, as amended (43 U.S.C. 1606), which are not within the boundaries of the municipality of Anchorage, the Fairbanks North Star 

Borough, the Kenai Peninsula Borough or the Matanuska Susitna 

Borough. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 217. Such sums as may be deposited to the Department 

of Veterans Affairs Capital Asset Fund pursuant to section 8118 

of title 38, United States Code, may be transferred to the ‘‘Construction, Major Projects’’ and ‘‘Construction, Minor Projects’’ accounts, 

to remain available until expended for the purposes of these 

accounts. 

SEC. 218. None of the funds made available in this title may 

be used to implement any policy prohibiting the Directors of the 

Veterans Integrated Services Networks from conducting outreach 

or marketing to enroll new veterans within their respective Networks. 

SEC. 219. Not later than 30 days after the end of each fiscal 

quarter, the Secretary of Veterans Affairs shall submit to the 

Committees on Appropriations of both Houses of Congress a report 

on the financial status of the Department of Veterans Affairs for 

the preceding quarter: Provided, That, at a minimum, the report 

shall include the direction contained in the explanatory statement 

described in section 4 (in the matter preceding division A of this 

consolidated Act) in the paragraph entitled ‘‘Quarterly Report’’, 

under the heading ‘‘General Administration’’. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 220. Amounts made available under the ‘‘Medical Services’’, ‘‘Medical Support and Compliance’’, ‘‘Medical Facilities’’, ‘‘General Operating Expenses, Veterans Benefits Administration’’, ‘‘General Administration’’, and ‘‘National Cemetery Administration’’ 

accounts for fiscal year 2016 may be transferred to or from the 

‘‘Information Technology Systems’’ account: Provided, That such 

transfers may not result in a more than 10 percent aggregate 

increase in the total amount made available by this Act for the 

‘‘Information Technology Systems’’ account: Provided further, That, 

before a transfer may take place, the Secretary of Veterans Affairs 

shall request from the Committees on Appropriations of both Houses 

of Congress the authority to make the transfer and an approval 

is issued. 

SEC. 221. None of the funds appropriated or otherwise made 

available by this Act or any other Act for the Department of Veterans Affairs may be used in a manner that is inconsistent with: 

(1) section 842 of the Transportation, Treasury, Housing and Urban 

Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006 (Public Law 109–115; 

119 Stat. 2506); or (2) section 8110(a)(5) of title 38, United States 

Code. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 222. Of the amounts appropriated to the Department 

of Veterans Affairs for fiscal year 2016 for ‘‘Medical Services’’, 


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‘‘Medical Support and Compliance’’, ‘‘Medical Facilities’’, ‘‘Construction, Minor Projects’’, and ‘‘Information Technology Systems’’, up 

to $267,521,000, plus reimbursements, may be transferred to the 

Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of 

the National Defense Authorization Act for Fiscal Year 2010 (Public 

Law 111–84; 123 Stat. 3571) and may be used for operation of 

the facilities designated as combined Federal medical facilities as 

described by section 706 of the Duncan Hunter National Defense 

Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 

Stat. 4500): Provided, That additional funds may be transferred 

from accounts designated in this section to the Joint Department 

of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses 

of Congress: Provided further, That section 223 of Title II of Division 

I of Public Law 113–235 is repealed. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 223. Of the amounts appropriated to the Department 

of Veterans Affairs which become available on October 1, 2016, 

for ‘‘Medical Services’’, ‘‘Medical Support and Compliance’’, and 

‘‘Medical Facilities’’, up to $265,675,000, plus reimbursements, may 

be transferred to the Joint Department of Defense-Department 

of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of the National Defense Authorization Act 

for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 3571) and 

may be used for operation of the facilities designated as combined 

Federal medical facilities as described by section 706 of the Duncan 

Hunter National Defense Authorization Act for Fiscal Year 2009 

(Public Law 110–417; 122 Stat. 4500): Provided, That additional 

funds may be transferred from accounts designated in this section 

to the Joint Department of Defense-Department of Veterans Affairs 

Medical Facility Demonstration Fund upon written notification by 

the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses of Congress. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 224. Such sums as may be deposited to the Medical 

Care Collections Fund pursuant to section 1729A of title 38, United 

States Code, for healthcare provided at facilities designated as 

combined Federal medical facilities as described by section 706 

of the Duncan Hunter National Defense Authorization Act for Fiscal 

Year 2009 (Public Law 110–417; 122 Stat. 4500) shall also be 

available: (1) for transfer to the Joint Department of DefenseDepartment of Veterans Affairs Medical Facility Demonstration 

Fund, established by section 1704 of the National Defense 

Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 

Stat. 3571); and (2) for operations of the facilities designated as 

combined Federal medical facilities as described by section 706 

of the Duncan Hunter National Defense Authorization Act for Fiscal 

Year 2009 (Public Law 110–417; 122 Stat. 4500). 


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129 STAT. 2698 PUBLIC LAW 114–113—DEC. 18, 2015 

(INCLUDING TRANSFER OF FUNDS)

SEC. 225. Of the amounts available in this title for ‘‘Medical 

Services’’, ‘‘Medical Support and Compliance’’, and ‘‘Medical Facilities’’, a minimum of $15,000,000 shall be transferred to the DOD– 

VA Health Care Sharing Incentive Fund, as authorized by section 

8111(d) of title 38, United States Code, to remain available until 

expended, for any purpose authorized by section 8111 of title 38, 

United States Code. 

(INCLUDING RESCISSIONS OF FUNDS)

SEC. 226. (a) Of the funds appropriated in title II of division 

I of Public Law 113–235, the following amounts which became 

available on October 1, 2015, are hereby rescinded from the following accounts in the amounts specified: 

(1) ‘‘Department of Veterans Affairs, Medical Services’’, $1,400,000,000. 

(2) ‘‘Department of Veterans Affairs, Medical Support and Compliance’’, $100,000,000. 

(3) ‘‘Department of Veterans Affairs, Medical Facilities’’, $250,000,000. 

(b) In addition to amounts provided elsewhere in this Act, 

an additional amount is appropriated to the following accounts 

in the amounts specified to remain available until September 30, 

2017: 

(1) ‘‘Department of Veterans Affairs, Medical Services’’, 

$1,400,000,000. 

(2) ‘‘Department of Veterans Affairs, Medical Support and 

Compliance’’, $100,000,000. 

(3) ‘‘Department of Veterans Affairs, Medical Facilities’’, 

$250,000,000. 

SEC. 227. The Secretary of Veterans Affairs shall notify the 

Committees on Appropriations of both Houses of Congress of all 

bid savings in a major construction project that total at least 

$5,000,000, or 5 percent of the programmed amount of the project, 

whichever is less: Provided, That such notification shall occur within 

14 days of a contract identifying the programmed amount: Provided 

further, That the Secretary shall notify the Committees on Appropriations of both Houses of Congress 14 days prior to the obligation 

of such bid savings and shall describe the anticipated use of such 

savings. 

SEC. 228. None of the funds made available for ‘‘Construction, 

Major Projects’’ may be used for a project in excess of the scope 

specified for that project in the original justification data provided 

to the Congress as part of the request for appropriations unless 

the Secretary of Veterans Affairs receives approval from the 

Committees on Appropriations of both Houses of Congress. 

SEC. 229. The Secretary of Veterans Affairs shall submit to 

the Committees on Appropriations of both Houses of Congress a 

quarterly report that contains the following information from each 

Veterans Benefits Administration Regional Office: (1) the average 

time to complete a disability compensation claim; (2) the number 

of claims pending more than 125 days, disaggregated by initial 

and supplemental claims; (3) error rates; (4) the number of claims 

personnel; (5) any corrective action taken within the quarter to 

address poor performance; (6) training programs undertaken; and 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2699 

(7) the number and results of Quality Review Team audits: Provided, That each quarterly report shall be submitted no later than 

30 days after the end of the respective quarter. 

SEC. 230. Of the funds provided to the Department of Veterans 

Affairs for fiscal year 2016 for ‘‘Medical Services’’ and ‘‘Medical 

Support and Compliance’’, a maximum of $5,000,000 may be obligated from the ‘‘Medical Services’’ account and a maximum of 

$154,596,000 may be obligated from the ‘‘Medical Support and 

Compliance’’ account for the VistA Evolution and electronic health 

record interoperability projects: Provided, That funds in addition 

to these amounts may be obligated for the VistA Evolution and 

electronic health record interoperability projects upon written 

notification by the Secretary of Veterans Affairs to the Committees 

on Appropriations of both Houses of Congress. 

SEC. 231. The Secretary of Veterans Affairs shall provide written notification to the Committees on Appropriations of both Houses 

of Congress 15 days prior to organizational changes which result 

in the transfer of 25 or more full-time equivalents from one 

organizational unit of the Department of Veterans Affairs to 

another. 

SEC. 232. The Secretary of Veterans Affairs shall provide on 

a quarterly basis to the Committees on Appropriations of both 

Houses of Congress notification of any single national outreach 

and awareness marketing campaign in which obligations exceed 

$2,000,000. 

SEC. 233. None of the funds available to the Department of 

Veterans Affairs, in this or any other Act, may be used to replace 

the current system by which the Veterans Integrated Service Networks select and contract for diabetes monitoring supplies and 

equipment. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 234. The Secretary of Veterans Affairs, upon determination 

that such action is necessary to address needs of the Veterans 

Health Administration, may transfer to the ‘‘Medical Services’’ 

account any discretionary appropriations made available for fiscal 

year 2016 in this title (except appropriations made to the ‘‘General 

Operating Expenses, Veterans Benefits Administration’’ account) 

or any discretionary unobligated balances within the Department 

of Veterans Affairs, including those appropriated for fiscal year 

2016, that were provided in advance by appropriations Acts: Provided, That transfers shall be made only with the approval of 

the Office of Management and Budget: Provided further, That the 

transfer authority provided in this section is in addition to any 

other transfer authority provided by law: Provided further, That 

no amounts may be transferred from amounts that were designated 

by Congress as an emergency requirement pursuant to a concurrent 

resolution on the budget or the Balanced Budget and Emergency 

Deficit Control Act of 1985: Provided further, That such authority 

to transfer may not be used unless for higher priority items, based 

on emergent healthcare requirements, than those for which originally appropriated and in no case where the item for which funds 

are requested has been denied by Congress: Provided further, That, 

upon determination that all or part of the funds transferred from 

an appropriation are not necessary, such amounts may be transferred back to that appropriation and shall be available for the 


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129 STAT. 2700 PUBLIC LAW 114–113—DEC. 18, 2015 

same purposes as originally appropriated: Provided further, That 

before a transfer may take place, the Secretary of Veterans Affairs 

shall request from the Committees on Appropriations of both Houses 

of Congress the authority to make the transfer and receive approval 

of that request. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 235. Amounts made available for the Department of Veterans Affairs for fiscal year 2016, under the ‘‘Board of Veterans 

Appeals’’ and the ‘‘General Operating Expenses, Veterans Benefits 

Administration’’ accounts may be transferred between such 

accounts: Provided, That before a transfer may take place, the 

Secretary of Veterans Affairs shall request from the Committees 

on Appropriations of both Houses of Congress the authority to 

make the transfer and receive approval from such Committees 

for such request. 

(RESCISSION OF FUNDS)

SEC. 236. Of the unobligated balances available within the ‘‘DOD–VA Health Care Sharing Incentive Fund’’, $30,000,000 are 

hereby rescinded. 

SEC. 237. The Secretary of Veterans Affairs may not reprogram 

funds among major construction projects or programs if such 

instance of reprogramming will exceed $5,000,000, unless such reprogramming is approved by the Committees on Appropriations 

of both Houses of Congress. 

SEC. 238. Section 2302(a)(2)(A)(viii) of title 5, United States 

Code, is amended by inserting ‘‘or under title 38’’ after ‘‘of this 

title’’. 

SEC. 239. Section 312 of title 38, United States Code, is 

amended by adding at the end the following new subsection: 

‘‘(c)(1) Whenever the Inspector General, in carrying out the 

duties and responsibilities established under the Inspector General 

Act of 1978 (5 U.S.C. App.), issues a work product that makes 

a recommendation or otherwise suggests corrective action, the 

Inspector General shall— 

‘‘(A) submit the work product to— 

‘‘(i) the Secretary; 

‘‘(ii) the Committee on Veterans’ Affairs, the Committee on Homeland Security and Governmental 

Affairs, and the Committee on Appropriations of the 

Senate; 

‘‘(iii) the Committee on Veterans’ Affairs, the Committee on Oversight and Government Reform, and the 

Committee on Appropriations of the House of Representatives; 

‘‘(iv) if the work product was initiated upon request 

by an individual or entity other than the Inspector 

General, that individual or entity; and 

‘‘(v) any Member of Congress upon request; and 

‘‘(B) the Inspector General shall submit all final work 

products to— 

‘‘(i) if the work product was initiated upon request 

by an individual or entity other than the Inspector 

General, that individual or entity; and 

‘‘(ii) any Member of Congress upon request; and 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2701 

‘‘(C) not later than 3 days after the work product 

is submitted in final form to the Secretary, post the work 

product on the Internet website of the Inspector General. 

‘‘(2) Nothing in this subsection shall be construed to 

authorize the public disclosure of information that is specifically 

prohibited from disclosure by any other provision of law.’’. 

SEC. 240. None of the funds provided in this Act may be 

used to pay the salary of any individual who (a) was the Executive 

Director of the Office of Acquisition, Logistics and Construction, 

and (b) who retired from Federal service in the midst of an investigation, initiated by the Department of Veterans Affairs, into delays 

and cost overruns associated with the design and construction of 

the new medical center in Aurora, Colorado. 

SEC. 241. None of the funds appropriated in this or prior 

appropriations Acts or otherwise made available to the Department 

of Veterans Affairs may be used to transfer any amounts from 

the Filipino Veterans Equity Compensation Fund to any other 

account within the Department of Veterans Affairs. 

SEC. 242. None of the amounts appropriated or otherwise made 

available by title II may be used to carry out the Home Marketing 

Incentive Program of the Department of Veterans Affairs or to 

carry out the Appraisal Value Offer Program of the Department 

with respect to an employee of the Department in a senior executive 

position (as defined in section 713(g) of title 38, United States 

Code): Provided, That the Secretary may waive this prohibition 

with respect to the use of the Home Marketing Incentive Program 

and Appraisal Value Offer Program to recruit for a position for 

which recruitment or retention of qualified personnel is likely to 

be difficult in the absence of the use of these incentives: Provided 

further, That within 15 days of a determination by the Secretary 

to waive this prohibition, the Secretary shall submit written 

notification thereof to the Committees on Appropriations of both 

Houses of Congress containing the reasons and identifying the 

position title for which the waiver has been issued. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 243. There is hereby established in the Treasury of the 

United States a fund to be known as the ‘‘Recurring Expenses 

Transformational Fund’’ (the Fund): Provided, That unobligated 

balances of expired discretionary funds appropriated in this or 

any succeeding fiscal year from the General Fund of the Treasury 

to the Department of Veterans Affairs by this or any other Act 

may be transferred (at the end of the fifth fiscal year after the 

last fiscal year for which such funds are available for the purposes 

for which appropriated) into the Fund: Provided further, That 

amounts deposited in the Fund shall be available until expended, 

and in addition to such other funds as may be available for such 

purposes, for facilities infrastructure improvements, including nonrecurring maintenance, at existing hospitals and clinics of the Veterans Health Administration, and information technology systems 

improvements and sustainment, subject to approval by the Office 

of Management and Budget: Provided further, That prior to obligation of any amounts in the Fund, the Secretary of Veterans Affairs 

shall request from the Committees on Appropriations of both Houses 

38 USC 313 note. 


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129 STAT. 2702 PUBLIC LAW 114–113—DEC. 18, 2015 

of Congress the authority to make such obligation and such Committees issue an approval, or absent a response, a period of 30 days 

has elapsed. 

TITLE III 

RELATED AGENCIES 

AMERICAN BATTLE MONUMENTS COMMISSION

SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the 

American Battle Monuments Commission, including the acquisition 

of land or interest in land in foreign countries; purchases and 

repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; rent of office and garage space in foreign countries; purchase 

(one-for-one replacement basis only) and hire of passenger motor 

vehicles; not to exceed $7,500 for official reception and representation expenses; and insurance of official motor vehicles in foreign 

countries, when required by law of such countries, $105,100,000, 

to remain available until expended. 

FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

For necessary expenses, not otherwise provided for, of the 

American Battle Monuments Commission, such sums as may be 

necessary, to remain available until expended, for purposes authorized by section 2109 of title 36, United States Code. 

UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SALARIES AND EXPENSES

For necessary expenses for the operation of the United States 

Court of Appeals for Veterans Claims as authorized by sections 

7251 through 7298 of title 38, United States Code, $32,141,000: 

Provided, That $2,500,000 shall be available for the purpose of 

providing financial assistance as described, and in accordance with 

the process and reporting procedures set forth, under this heading 

in Public Law 102–229. 

DEPARTMENT OF DEFENSE—CIVIL

CEMETERIAL EXPENSES, ARMY

SALARIES AND EXPENSES

For necessary expenses for maintenance, operation, and 

improvement of Arlington National Cemetery and Soldiers’ and 

Airmen’s Home National Cemetery, including the purchase or lease 

of passenger motor vehicles for replacement on a one-for-one basis 

only, and not to exceed $1,000 for official reception and representation expenses, $79,516,000, of which not to exceed $15,000,000 

shall remain available until September 30, 2018. In addition, such 

sums as may be necessary for parking maintenance, repairs and 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2703 

replacement, to be derived from the ‘‘Lease of Department of 

Defense Real Property for Defense Agencies’’ account. 

ARMED FORCES RETIREMENT HOME

TRUST FUND

For expenses necessary for the Armed Forces Retirement Home 

to operate and maintain the Armed Forces Retirement Home— 

Washington, District of Columbia, and the Armed Forces Retirement 

Home—Gulfport, Mississippi, to be paid from funds available in 

the Armed Forces Retirement Home Trust Fund, $64,300,000, of 

which $1,000,000 shall remain available until expended for 

construction and renovation of the physical plants at the Armed 

Forces Retirement Home—Washington, District of Columbia, and 

the Armed Forces Retirement Home—Gulfport, Mississippi: Provided, That of the amounts made available under this heading 

from funds available in the Armed Forces Retirement Home Trust 

Fund, $20,000,000 shall be paid from the general fund of the 

Treasury to the Trust Fund. 

ADMINISTRATIVE PROVISIONS

SEC. 301. Funds appropriated in this Act under the heading 

‘‘Department of Defense—Civil, Cemeterial Expenses, Army’’, may 

be provided to Arlington County, Virginia, for the relocation of 

the federally owned water main at Arlington National Cemetery, 

making additional land available for ground burials. 

SEC. 302. Amounts deposited into the special account established under 10 U.S.C. 4727 are appropriated and shall be available 

until expended to support activities at the Army National Military 

Cemeteries. 

TITLE IV 

GENERAL PROVISIONS 

SEC. 401. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

SEC. 402. None of the funds made available in this Act may 

be used for any program, project, or activity, when it is made 

known to the Federal entity or official to which the funds are 

made available that the program, project, or activity is not in 

compliance with any Federal law relating to risk assessment, the 

protection of private property rights, or unfunded mandates. 

SEC. 403. All departments and agencies funded under this 

Act are encouraged, within the limits of the existing statutory 

authorities and funding, to expand their use of ‘‘E-Commerce’’ technologies and procedures in the conduct of their business practices 

and public service activities. 

SEC. 404. Unless stated otherwise, all reports and notifications 

required by this Act shall be submitted to the Subcommittee on 

Military Construction and Veterans Affairs, and Related Agencies 

of the Committee on Appropriations of the House of Representatives 

and the Subcommittee on Military Construction and Veterans 

Affairs, and Related Agencies of the Committee on Appropriations 

of the Senate. 


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129 STAT. 2704 PUBLIC LAW 114–113—DEC. 18, 2015 

SEC. 405. None of the funds made available in this Act may 

be transferred to any department, agency, or instrumentality of 

the United States Government except pursuant to a transfer made 

by, or transfer authority provided in, this or any other appropriations Act. 

SEC. 406. None of the funds made available in this Act may 

be used for a project or program named for an individual serving 

as a Member, Delegate, or Resident Commissioner of the United 

States House of Representatives. 

SEC. 407. (a) Any agency receiving funds made available in 

this Act, shall, subject to subsections (b) and (c), post on the public 

Web site of that agency any report required to be submitted by 

the Congress in this or any other Act, upon the determination 

by the head of the agency that it shall serve the national interest. 

(b) Subsection (a) shall not apply to a report if— 

(1) the public posting of the report compromises national 

security; or 

(2) the report contains confidential or proprietary information. 

(c) The head of the agency posting such report shall do so 

only after such report has been made available to the requesting 

Committee or Committees of Congress for no less than 45 days. 

SEC. 408. (a) None of the funds made available in this Act 

may be used to maintain or establish a computer network unless 

such network blocks the viewing, downloading, and exchanging 

of pornography. 

(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency 

or any other entity carrying out criminal investigations, prosecution, 

or adjudication activities. 

SEC. 409. None of the funds made available in this Act may 

be used by an agency of the executive branch to pay for firstclass travel by an employee of the agency in contravention of 

sections 301–10.122 through 301–10.124 of title 41, Code of Federal 

Regulations. 

SEC. 410. None of the funds made available in this Act may 

be used to execute a contract for goods or services, including 

construction services, where the contractor has not complied with 

Executive Order No. 12989. 

SEC. 411. None of the funds made available by this Act may 

be used by the Department of Defense or the Department of Veterans Affairs to lease or purchase new light duty vehicles for 

any executive fleet, or for an agency’s fleet inventory, except in 

accordance with Presidential Memorandum—Federal Fleet Performance, dated May 24, 2011. 

SEC. 412. (a) IN GENERAL.—None of the funds appropriated 

or otherwise made available to the Department of Defense in this 

Act may be used to construct, renovate, or expand any facility 

in the United States, its territories, or possessions to house any 

individual detained at United States Naval Station, Guanta ́namo 

Bay, Cuba, for the purposes of detention or imprisonment in the 

custody or under the control of the Department of Defense. 

(b) The prohibition in subsection (a) shall not apply to any 

modification of facilities at United States Naval Station, 

Guanta ́namo Bay, Cuba. 


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(c) An individual described in this subsection is any individual 

who, as of June 24, 2009, is located at United States Naval Station, 

Guanta ́namo Bay, Cuba, and who— 

(1) is not a citizen of the United States or a member 

of the Armed Forces of the United States; and 

(2) is— 

(A) in the custody or under the effective control of 

the Department of Defense; or 

(B) otherwise under detention at United States Naval 

Station, Guanta ́namo Bay, Cuba. 

This division may be cited as the ‘‘Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2016’’. 

DIVISION K—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS 

ACT, 2016 

TITLE I 

DEPARTMENT OF STATE AND RELATED AGENCY 

DEPARTMENT OF STATE 

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

For necessary expenses of the Department of State and the 

Foreign Service not otherwise provided for, $5,622,170,000, of which 

up to $629,055,000 may remain available until September 30, 2017, 

and of which up to $1,428,468,000 may remain available until 

expended for Worldwide Security Protection: Provided, That funds 

made available under this heading shall be allocated in accordance 

with paragraphs (1) through (4) as follows: 

(1) HUMAN RESOURCES.—For necessary expenses for 

training, human resources management, and salaries, including 

employment without regard to civil service and classification 

laws of persons on a temporary basis (not to exceed $700,000), 

as authorized by section 801 of the United States Information 

and Educational Exchange Act of 1948, $2,181,622,000, of which 

up to $358,833,000 is for Worldwide Security Protection. 

(2) OVERSEAS PROGRAMS.—For necessary expenses for the 

regional bureaus of the Department of State and overseas 

activities as authorized by law, $1,561,840,000. 

(3) DIPLOMATIC POLICY AND SUPPORT.—For necessary 

expenses for the functional bureaus of the Department of State, 

including representation to certain international organizations 

in which the United States participates pursuant to treaties 

ratified pursuant to the advice and consent of the Senate or 

specific Acts of Congress, general administration, and arms 

control, nonproliferation and disarmament activities as authorized, $791,121,000. 

(4) SECURITY PROGRAMS.—For necessary expenses for security activities, $1,087,587,000, of which up to $1,069,635,000 

is for Worldwide Security Protection. 

(5) FEES AND PAYMENTS COLLECTED.—In addition to 

amounts otherwise made available under this heading— 

Department of 

State, Foreign 

Operations, and 

Related 

Programs 

Appropriations 

Act, 2016. 


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129 STAT. 2706 PUBLIC LAW 114–113—DEC. 18, 2015 

(A) not to exceed $1,840,900 shall be derived from 

fees collected from other executive agencies for lease or 

use of facilities located at the International Center in 

accordance with section 4 of the International Center Act, 

and, in addition, as authorized by section 5 of such Act, 

$743,000, to be derived from the reserve authorized by 

that section, to be used for the purposes set out in that 

section; 

(B) as authorized by section 810 of the United States 

Information and Educational Exchange Act, not to exceed 

$5,000,000, to remain available until expended, may be 

credited to this appropriation from fees or other payments 

received from English teaching, library, motion pictures, 

and publication programs and from fees from educational 

advising and counseling and exchange visitor programs; 

and 

(C) not to exceed $15,000, which shall be derived from 

reimbursements, surcharges, and fees for use of Blair 

House facilities. 

(6) TRANSFER, REPROGRAMMING, AND OTHER MATTERS.— 

(A) Notwithstanding any other provision of this Act, 

funds may be reprogrammed within and between paragraphs (1) through (4) under this heading subject to section 

7015 of this Act. 

(B) Of the amount made available under this heading, 

not to exceed $10,000,000 may be transferred to, and 

merged with, funds made available by this Act under the 

heading ‘‘Emergencies in the Diplomatic and Consular 

Service’’, to be available only for emergency evacuations 

and rewards, as authorized. 

(C) Funds appropriated under this heading are available for acquisition by exchange or purchase of passenger 

motor vehicles as authorized by law and, pursuant to section 1108(g) of title 31, United States Code, for the field 

examination of programs and activities in the United States 

funded from any account contained in this title. 

(D) Funds appropriated under this heading may be 

made available for Conflict Stabilization Operations and 

for related reconstruction and stabilization assistance to 

prevent or respond to conflict or civil strife in foreign 

countries or regions, or to enable transition from such 

strife. 

(E) Funds appropriated under this heading in this 

Act that are designated for Worldwide Security Protection 

shall continue to be made available for support of securityrelated training at sites in existence prior to the enactment 

of this Act: Provided, That in addition to such funds, up 

to $99,113,000 of the funds made available under this 

heading in this Act may be obligated for a Foreign Affairs 

Security Training Center (FASTC) only after the Secretary 

of State— 

(i) submits to the appropriate congressional 

committees a comprehensive analysis of a minimum 

of three different locations for FASTC assessing the 

feasibility and comparing the costs and benefits of 

delivering training at each such location; and 


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(ii) notifies the appropriate congressional committees at least 15 days in advance of such obligation: 

Provided, That such notification shall also include a 

justification for any decision made by the Department 

of State to obligate funds for FASTC. 

(F) None of the funds appropriated under this heading 

may be used for the preservation of religious sites unless 

the Secretary of State determines and reports to the 

Committees on Appropriations that such sites are historically, artistically, or culturally significant, that the purpose 

of the project is neither to advance nor to inhibit the 

free exercise of religion, and that the project is in the 

national interest of the United States. 

CAPITAL INVESTMENT FUND

For necessary expenses of the Capital Investment Fund, $66,400,000, to remain available until expended, as authorized. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General, $72,700,000, notwithstanding section 209(a)(1) of the Foreign 

Service Act of 1980 (Public Law 96–465), as it relates to post 

inspections: Provided, That of the funds appropriated under this 

heading, $10,905,000 may remain available until September 30, 

2017. 

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

For expenses of educational and cultural exchange programs, 

as authorized, $590,900,000, to remain available until expended, 

of which not less than $236,000,000 shall be for the Fulbright 

Program and not less than $102,000,000 shall be for Citizen 

Exchange Program, including $4,000,000 for the Congress-Bundestag Youth Exchange: Provided, That fees or other payments received 

from, or in connection with, English teaching, educational advising 

and counseling programs, and exchange visitor programs as authorized may be credited to this account, to remain available until 

expended: Provided further, That not later than 45 days after enactment of this Act, the Secretary of State shall submit a report 

to the Committees on Appropriations detailing modifications made 

to existing educational and cultural exchange programs since calendar year 2014, including for special academic and special professional and cultural exchanges: Provided further, That a portion 

of the Fulbright awards from the Eurasia and Central Asia regions 

shall be designated as Edmund S. Muskie Fellowships, following 

consultation with the Committees on Appropriations: Provided further, That Department of State-designated sponsors may not issue 

a Form DS–2019 (Certificate of Eligibility for Exchange Visitor 

(J–1) Status) to place student participants in seafood product 

preparation or packaging positions in the Summer Work Travel 

program in fiscal year 2016 unless prior to issuing such Form 

the sponsor provides to the Secretary of State a description of 

such program and verifies in writing to the Secretary that such 

program fully complies with part 62 of title 22 of the Code of 

Federal Regulations, notwithstanding subsection 62.32(h)(16) of 

such part, and with the requirements specified under this heading 


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129 STAT. 2708 PUBLIC LAW 114–113—DEC. 18, 2015 

in the explanatory statement described in section 4 (in the matter 

preceding division A of this Consolidated Act): Provided further, That any substantive modifications from the prior fiscal year to 

programs funded by this Act under this heading shall be subject 

to prior consultation with, and the regular notification procedures 

of, the Committees on Appropriations. 

REPRESENTATION EXPENSES

For representation expenses as authorized, $8,030,000. 

PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

For expenses, not otherwise provided, to enable the Secretary 

of State to provide for extraordinary protective services, as authorized, $30,036,000, to remain available until September 30, 2017. 

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

For necessary expenses for carrying out the Foreign Service 

Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving, 

maintaining, repairing, and planning for buildings that are owned 

or directly leased by the Department of State, renovating, in addition to funds otherwise available, the Harry S Truman Building, 

and carrying out the Diplomatic Security Construction Program 

as authorized, $785,097,000, to remain available until expended 

as authorized, of which not to exceed $25,000 may be used for 

domestic and overseas representation expenses as authorized: Provided, That none of the funds appropriated in this paragraph shall 

be available for acquisition of furniture, furnishings, or generators 

for other departments and agencies. 

In addition, for the costs of worldwide security upgrades, 

acquisition, and construction as authorized, $688,799,000, to remain 

available until expended: Provided, That not later than 45 days 

after enactment of this Act, the Secretary of State shall submit 

to the Committees on Appropriations the proposed allocation of 

funds made available under this heading and the actual and anticipated proceeds of sales for all projects in fiscal year 2016. 

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

For necessary expenses to enable the Secretary of State to 

meet unforeseen emergencies arising in the Diplomatic and Consular Service, $7,900,000, to remain available until expended as 

authorized, of which not to exceed $1,000,000 may be transferred 

to, and merged with, funds appropriated by this Act under the 

heading ‘‘Repatriation Loans Program Account’’, subject to the same 

terms and conditions. 

REPATRIATION LOANS PROGRAM ACCOUNT

For the cost of direct loans, $1,300,000, as authorized: Provided, 

That such costs, including the cost of modifying such loans, shall 

be as defined in section 502 of the Congressional Budget Act of 

1974: Provided further, That such funds are available to subsidize 

gross obligations for the principal amount of direct loans not to 

exceed $2,444,528. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2709 

PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

For necessary expenses to carry out the Taiwan Relations Act (Public Law 96–8), $30,000,000. 

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY

FUND

For payment to the Foreign Service Retirement and Disability Fund, as authorized, $158,900,000. 

INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

For necessary expenses, not otherwise provided for, to meet 

annual obligations of membership in international multilateral 

organizations, pursuant to treaties ratified pursuant to the advice 

and consent of the Senate, conventions or specific Acts of Congress, 

$1,344,458,000: Provided, That the Secretary of State shall, at 

the time of the submission of the President’s budget to Congress 

under section 1105(a) of title 31, United States Code, transmit 

to the Committees on Appropriations the most recent biennial 

budget prepared by the United Nations for the operations of the 

United Nations: Provided further, That the Secretary of State shall 

notify the Committees on Appropriations at least 15 days in advance 

(or in an emergency, as far in advance as is practicable) of any 

United Nations action to increase funding for any United Nations 

program without identifying an offsetting decrease elsewhere in 

the United Nations budget: Provided further, That not later than 

May 1, 2016, and 30 days after the end of fiscal year 2016, the 

Secretary of State shall report to the Committees on Appropriations 

any credits available to the United States, including from the United 

Nations Tax Equalization Fund, and provide updated fiscal year 

2016 and fiscal year 2017 assessment costs including offsets from 

available credits and updated foreign currency exchange rates: Provided further, That any such credits shall only be available for 

United States assessed contributions to the United Nations and 

the Committees on Appropriations shall be notified when such 

credits are applied to any assessed contribution, including any 

payment of arrearages: Provided further, That any notification 

regarding funds appropriated or otherwise made available under 

this heading in this Act or prior Acts making appropriations for 

the Department of State, foreign operations, and related programs 

submitted pursuant to section 7015 of this Act, section 34 of the 

State Department Basic Authorities Act of 1956 (22 U.S.C. 2706), 

or any operating plan submitted pursuant to section 7076 of this 

Act, shall include an estimate of all known credits currently available to the United States and provide updated assessment costs 

including offsets from available credits and updated foreign currency 

exchange rates: Provided further, That any payment of arrearages 

under this heading shall be directed to activities that are mutually 

agreed upon by the United States and the respective international 

organization and shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That 

none of the funds appropriated under this heading shall be available 

for a United States contribution to an international organization 

for the United States share of interest costs made known to the 

22 USC 269a 

note. 


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129 STAT. 2710 PUBLIC LAW 114–113—DEC. 18, 2015 

United States Government by such organization for loans incurred 

on or after October 1, 1984, through external borrowings: Provided 

further, That the Secretary of State shall review the budgetary 

and personnel procedures of the United Nations and affiliated agencies funded under this heading and, not later than 180 days after 

enactment of this Act, submit a report to the Committees on Appropriations on steps taken at each agency to eliminate unnecessary 

administrative costs and duplicative activities and ensure that personnel practices are transparent and merit-based. 

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

For necessary expenses to pay assessed and other expenses 

of international peacekeeping activities directed to the maintenance 

or restoration of international peace and security, $666,574,000, 

of which 15 percent shall remain available until September 30, 

2017: Provided, That none of the funds made available by this 

Act shall be obligated or expended for any new or expanded United 

Nations peacekeeping mission unless, at least 15 days in advance 

of voting for such mission in the United Nations Security Council 

(or in an emergency as far in advance as is practicable), the Committees on Appropriations are notified of: (1) the estimated cost and 

duration of the mission, the objectives of the mission, the national 

interest that will be served, and the exit strategy; and (2) the 

sources of funds, including any reprogrammings and transfers, that 

will be used to pay the cost of the new or expanded mission, 

and the estimated cost in future fiscal years: Provided further, 

That none of the funds appropriated under this heading may be 

made available for obligation unless the Secretary of State certifies 

and reports to the Committees on Appropriations on a peacekeeping 

mission-by-mission basis that the United Nations is implementing 

effective policies and procedures to prevent United Nations 

employees, contractor personnel, and peacekeeping troops serving 

in such mission from trafficking in persons, exploiting victims of 

trafficking, or committing acts of illegal sexual exploitation or other 

violations of human rights, and to bring to justice individuals who 

engage in such acts while participating in such mission, including 

prosecution in their home countries and making information about 

such prosecutions publicly available on the Web site of the United 

Nations: Provided further, That funds shall be available for peacekeeping expenses unless the Secretary of State determines that 

American manufacturers and suppliers are not being given 

opportunities to provide equipment, services, and material for 

United Nations peacekeeping activities equal to those being given 

to foreign manufacturers and suppliers: Provided further, That the 

Secretary of State shall work with the United Nations and foreign 

governments contributing peacekeeping troops to implement effective vetting procedures to ensure that such troops have not violated 

human rights: Provided further, That none of the funds appropriated 

or otherwise made available under this heading may be used for 

any United Nations peacekeeping mission that will involve United 

States Armed Forces under the command or operational control 

of a foreign national, unless the President’s military advisors have 

submitted to the President a recommendation that such involvement 

is in the national interest of the United States and the President 

has submitted to Congress such a recommendation: Provided further, That not later than May 1, 2016, and 30 days after the 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2711 

end of fiscal year 2016, the Secretary of State shall report to 

the Committees on Appropriations any credits available to the 

United States, including those resulting from United Nations peacekeeping missions or the United Nations Tax Equalization Fund, 

and provide updated fiscal year 2016 and fiscal year 2017 assessment costs including offsets from available credits: Provided further, 

That any such credits shall only be available for United States 

assessed contributions to the United Nations, and the Committees 

on Appropriations shall be notified when such credits are applied 

to any assessed contribution, including any payment of arrearages: 

Provided further, That any notification regarding funds appropriated or otherwise made available under this heading in this 

Act or prior Acts making appropriations for the Department of 

State, foreign operations, and related programs submitted pursuant 

to section 7015 of this Act, section 34 of the State Department 

Basic Authorities Act of 1956 (22 U.S.C. 2706), or any operating 

plan submitted pursuant to section 7076 of this Act, shall include 

an estimate of all known credits currently available to the United 

States and provide updated assessment costs including offsets from 

available credits: Provided further, That any payment of arrearages 

with funds appropriated by this Act shall be subject to the regular 

notification procedures of the Committees on Appropriations: Provided further, That the Secretary of State shall work with the 

United Nations and members of the United Nations Security 

Council to evaluate and prioritize peacekeeping missions, and to 

consider a draw down when mission goals have been substantially 

achieved: Provided further, That notwithstanding any other provision of law, funds appropriated or otherwise made available under 

this heading shall be available for United States assessed contributions up to the amount specified in Annex IV accompanying United 

Nations General Assembly Resolution 64/220: Provided further, 

That such funds may be made available above the amount authorized in section 404(b)(2)(B) of the Foreign Relations Authorization 

Act, Fiscal Years 1994 and 1995 (22 U.S.C. 287e note) only if 

the Secretary of State determines and reports to the appropriate 

congressional committees that it is important to the national 

interest of the United States. 

INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided for, to meet 

obligations of the United States arising under treaties, or specific 

Acts of Congress, as follows: 

INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES

AND MEXICO

For necessary expenses for the United States Section of the 

International Boundary and Water Commission, United States and 

Mexico, and to comply with laws applicable to the United States 

Section, including not to exceed $6,000 for representation expenses; 

as follows: 

SALARIES AND EXPENSES

For salaries and expenses, not otherwise provided for, 

$45,307,000. 

22 USC 269a 

note. 


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129 STAT. 2712 PUBLIC LAW 114–113—DEC. 18, 2015 

CONSTRUCTION

For detailed plan preparation and construction of authorized 

projects, $28,400,000, to remain available until expended, as authorized. 

AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided, for the International Joint Commission and the International Boundary 

Commission, United States and Canada, as authorized by treaties 

between the United States and Canada or Great Britain, and the 

Border Environment Cooperation Commission as authorized by the 

North American Free Trade Agreement Implementation Act (Public 

Law 103–182), $12,330,000: Provided, That of the amount provided 

under this heading for the International Joint Commission, up 

to $500,000 may remain available until September 30, 2017, and 

$9,000 may be made available for representation expenses. 

INTERNATIONAL FISHERIES COMMISSIONS

For necessary expenses for international fisheries commissions, 

not otherwise provided for, as authorized by law, $36,681,000: Provided, That the United States share of such expenses may be 

advanced to the respective commissions pursuant to section 3324 

of title 31, United States Code. 

RELATED AGENCY 

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

For necessary expenses to enable the Broadcasting Board of 

Governors (BBG), as authorized, to carry out international communication activities, and to make and supervise grants for radio, 

Internet, and television broadcasting to the Middle East, 

$734,087,000: Provided, That in addition to amounts otherwise 

available for such purposes, up to $31,135,000 of the amount appropriated under this heading may remain available until expended 

for satellite transmissions and Internet freedom programs, of which 

not less than $15,000,000 shall be for Internet freedom programs: 

Provided further, That of the total amount appropriated under 

this heading, not to exceed $35,000 may be used for representation 

expenses, of which $10,000 may be used for such expenses within 

the United States as authorized, and not to exceed $30,000 may 

be used for representation expenses of Radio Free Europe/Radio 

Liberty: Provided further, That the authority provided by section 

504(c) of the Foreign Relations Authorization Act, Fiscal Year 2003 

(Public Law 107–228; 22 U.S.C. 6206 note) shall remain in effect 

through September 30, 2016: Provided further, That the BBG shall 

notify the Committees on Appropriations within 15 days of any 

determination by the Board that any of its broadcast entities, 

including its grantee organizations, provides an open platform for 

international terrorists or those who support international terrorism, or is in violation of the principles and standards set forth 

in subsections (a) and (b) of section 303 of the United States 

International Broadcasting Act of 1994 (22 U.S.C. 6202) or the 

22 USC 6206 

note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2713 

entity’s journalistic code of ethics: Provided further, That significant 

modifications to BBG broadcast hours previously justified to Congress, including changes to transmission platforms (shortwave, 

medium wave, satellite, Internet, and television), for all BBG language services shall be subject to the regular notification procedures 

of the Committees on Appropriations: Provided further, That in 

addition to funds made available under this heading, and notwithstanding any other provision of law, up to $5,000,000 in receipts 

from advertising and revenue from business ventures, up to 

$500,000 in receipts from cooperating international organizations, 

and up to $1,000,000 in receipts from privatization efforts of the 

Voice of America and the International Broadcasting Bureau, shall 

remain available until expended for carrying out authorized purposes. 

BROADCASTING CAPITAL IMPROVEMENTS

For the purchase, rent, construction, repair, preservation, and 

improvement of facilities for radio, television, and digital transmission and reception; the purchase, rent, and installation of necessary equipment for radio, television, and digital transmission 

and reception, including to Cuba, as authorized; and physical security worldwide, in addition to amounts otherwise available for such 

purposes, $4,800,000, to remain available until expended, as authorized. 

RELATED PROGRAMS 

THE ASIA FOUNDATION

For a grant to The Asia Foundation, as authorized by The 

Asia Foundation Act (22 U.S.C. 4402), $17,000,000, to remain available until expended. 

UNITED STATES INSTITUTE OF PEACE

For necessary expenses of the United States Institute of Peace, 

as authorized by the United States Institute of Peace Act (22 

U.S.C. 4601 et seq.), $35,300,000, to remain available until September 30, 2017, which shall not be used for construction activities. 

CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE TRUST FUND

For necessary expenses of the Center for Middle EasternWestern Dialogue Trust Fund, as authorized by section 633 of 

the Departments of Commerce, Justice, and State, the Judiciary, 

and Related Agencies Appropriations Act, 2004 (22 U.S.C. 2078), 

the total amount of the interest and earnings accruing to such 

Fund on or before September 30, 2016, to remain available until 

expended. 

EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

For necessary expenses of Eisenhower Exchange Fellowships, 

Incorporated, as authorized by sections 4 and 5 of the Eisenhower 

Exchange Fellowship Act of 1990 (20 U.S.C. 5204–5205), all interest 

and earnings accruing to the Eisenhower Exchange Fellowship Program Trust Fund on or before September 30, 2016, to remain 


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129 STAT. 2714 PUBLIC LAW 114–113—DEC. 18, 2015 

available until expended: Provided, That none of the funds appropriated herein shall be used to pay any salary or other compensation, or to enter into any contract providing for the payment thereof, 

in excess of the rate authorized by section 5376 of title 5, United 

States Code; or for purposes which are not in accordance with 

section 200 of title 2 of the Code of Federal Regulations, including 

the restrictions on compensation for personal services. 

ISRAELI ARAB SCHOLARSHIP PROGRAM

For necessary expenses of the Israeli Arab Scholarship Program, as authorized by section 214 of the Foreign Relations 

Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), 

all interest and earnings accruing to the Israeli Arab Scholarship 

Fund on or before September 30, 2016, to remain available until 

expended. 

EAST-WEST CENTER

To enable the Secretary of State to provide for carrying out 

the provisions of the Center for Cultural and Technical Interchange 

Between East and West Act of 1960, by grant to the Center for 

Cultural and Technical Interchange Between East and West in 

the State of Hawaii, $16,700,000. 

NATIONAL ENDOWMENT FOR DEMOCRACY

For grants made by the Department of State to the National 

Endowment for Democracy, as authorized by the National Endowment for Democracy Act (22 U.S.C. 4412), $170,000,000, to remain 

available until expended, of which $117,500,000 shall be allocated 

in the traditional and customary manner, including for the core 

institutes, and $52,500,000 shall be for democracy programs. 

OTHER COMMISSIONS 

COMMISSION FOR THE PRESERVATION OF AMERICA’S HERITAGE

ABROAD

SALARIES AND EXPENSES

For necessary expenses for the Commission for the Preservation 

of America’s Heritage Abroad, $676,000, as authorized by chapter 

3123 of title 54, United States Code: Provided, That the Commission 

may procure temporary, intermittent, and other services notwithstanding paragraph (3) of section 312304(b) of such chapter: Provided further, That such authority shall terminate on October 1, 

2016: Provided further, That the Commission shall notify the 

Committees on Appropriations prior to exercising such authority. 

UNITED STATES COMMISSION ON INTERNATIONAL RELIGIOUS

FREEDOM

SALARIES AND EXPENSES

For necessary expenses for the United States Commission on 

International Religious Freedom, as authorized by title II of the 

International Religious Freedom Act of 1998 (22 U.S.C. 6431 et 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2715 

seq.), $3,500,000, to remain available until September 30, 2017, 

including not more than $4,000 for representation expenses. 

COMMISSION ON SECURITY AND COOPERATION IN EUROPE

SALARIES AND EXPENSES

For necessary expenses of the Commission on Security and 

Cooperation in Europe, as authorized by Public Law 94–304, 

$2,579,000, including not more than $4,000 for representation 

expenses, to remain available until September 30, 2017. 

CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE’S

REPUBLIC OF CHINA

SALARIES AND EXPENSES

For necessary expenses of the Congressional-Executive Commission on the People’s Republic of China, as authorized by title III 

of the U.S.-China Relations Act of 2000 (22 U.S.C. 6911 et seq.), 

$2,000,000, including not more than $3,000 for representation 

expenses, to remain available until September 30, 2017. 

UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW

COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the United States-China Economic 

and Security Review Commission, as authorized by section 1238 

of the Floyd D. Spence National Defense Authorization Act for 

Fiscal Year 2001 (22 U.S.C. 7002), $3,500,000, including not more 

than $4,000 for representation expenses, to remain available until 

September 30, 2017: Provided, That the authorities, requirements, 

limitations, and conditions contained in the second through sixth 

provisos under this heading in the Department of State, Foreign 

Operations, and Related Programs Appropriations Act, 2010 (division F of Public Law 111–117) shall continue in effect during 

fiscal year 2016 and shall apply to funds appropriated under this 

heading as if included in this Act. 

TITLE II 

UNITED STATES AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

FUNDS APPROPRIATED TO THE PRESIDENT

OPERATING EXPENSES

For necessary expenses to carry out the provisions of section 

667 of the Foreign Assistance Act of 1961, $1,143,614,000, of which 

up to $171,542,000 may remain available until September 30, 2017: 

Provided, That none of the funds appropriated under this heading 

and under the heading ‘‘Capital Investment Fund’’ in this title 

may be made available to finance the construction (including 

architect and engineering services), purchase, or long-term lease 

of offices for use by the United States Agency for International 


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129 STAT. 2716 PUBLIC LAW 114–113—DEC. 18, 2015 

Development (USAID), unless the USAID Administrator has identified such proposed use of funds in a report submitted to the Committees on Appropriations at least 15 days prior to the obligation 

of funds for such purposes: Provided further, That contracts or 

agreements entered into with funds appropriated under this 

heading may entail commitments for the expenditure of such funds 

through the following fiscal year: Provided further, That the 

authority of sections 610 and 109 of the Foreign Assistance Act 

of 1961 may be exercised by the Secretary of State to transfer 

funds appropriated to carry out chapter 1 of part I of such Act 

to ‘‘Operating Expenses’’ in accordance with the provisions of those 

sections: Provided further, That of the funds appropriated or made 

available under this heading, not to exceed $250,000 may be available for representation and entertainment expenses, of which not 

to exceed $5,000 may be available for entertainment expenses, 

and not to exceed $100,500 shall be for official residence expenses, 

for USAID during the current fiscal year. 

CAPITAL INVESTMENT FUND

For necessary expenses for overseas construction and related 

costs, and for the procurement and enhancement of information 

technology and related capital investments, pursuant to section 

667 of the Foreign Assistance Act of 1961, $168,300,000, to remain 

available until expended: Provided, That this amount is in addition 

to funds otherwise available for such purposes: Provided further, 

That funds appropriated under this heading shall be available 

subject to the regular notification procedures of the Committees 

on Appropriations. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses to carry out the provisions of section 

667 of the Foreign Assistance Act of 1961, $66,000,000, of which 

up to $9,900,000 may remain available until September 30, 2017, 

for the Office of Inspector General of the United States Agency 

for International Development. 

TITLE III 

BILATERAL ECONOMIC ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

For necessary expenses to enable the President to carry out 

the provisions of the Foreign Assistance Act of 1961, and for other 

purposes, as follows: 

GLOBAL HEALTH PROGRAMS

For necessary expenses to carry out the provisions of chapters 

1 and 10 of part I of the Foreign Assistance Act of 1961, for 

global health activities, in addition to funds otherwise available 

for such purposes, $2,833,450,000, to remain available until September 30, 2017, and which shall be apportioned directly to the 

United States Agency for International Development (USAID): Provided, That this amount shall be made available for training, equipment, and technical assistance to build the capacity of public health 


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institutions and organizations in developing countries, and for such 

activities as: (1) child survival and maternal health programs; (2) 

immunization and oral rehydration programs; (3) other health, 

nutrition, water and sanitation programs which directly address 

the needs of mothers and children, and related education programs; 

(4) assistance for children displaced or orphaned by causes other 

than AIDS; (5) programs for the prevention, treatment, control 

of, and research on HIV/AIDS, tuberculosis, polio, malaria, and 

other infectious diseases including neglected tropical diseases, and 

for assistance to communities severely affected by HIV/AIDS, 

including children infected or affected by AIDS; (6) disaster 

preparedness training for health crises; and (7) family planning/ 

reproductive health: Provided further, That funds appropriated 

under this paragraph may be made available for a United States 

contribution to the GAVI Alliance: Provided further, That none 

of the funds made available in this Act nor any unobligated balances 

from prior appropriations Acts may be made available to any 

organization or program which, as determined by the President 

of the United States, supports or participates in the management 

of a program of coercive abortion or involuntary sterilization: Provided further, That any determination made under the previous 

proviso must be made not later than 6 months after the date 

of enactment of this Act, and must be accompanied by the evidence 

and criteria utilized to make the determination: Provided further, 

That none of the funds made available under this Act may be 

used to pay for the performance of abortion as a method of family 

planning or to motivate or coerce any person to practice abortions: 

Provided further, That nothing in this paragraph shall be construed 

to alter any existing statutory prohibitions against abortion under 

section 104 of the Foreign Assistance Act of 1961: Provided further, 

That none of the funds made available under this Act may be 

used to lobby for or against abortion: Provided further, That in 

order to reduce reliance on abortion in developing nations, funds 

shall be available only to voluntary family planning projects which 

offer, either directly or through referral to, or information about 

access to, a broad range of family planning methods and services, 

and that any such voluntary family planning project shall meet 

the following requirements: (1) service providers or referral agents 

in the project shall not implement or be subject to quotas, or 

other numerical targets, of total number of births, number of family 

planning acceptors, or acceptors of a particular method of family 

planning (this provision shall not be construed to include the use 

of quantitative estimates or indicators for budgeting and planning 

purposes); (2) the project shall not include payment of incentives, 

bribes, gratuities, or financial reward to: (A) an individual in 

exchange for becoming a family planning acceptor; or (B) program 

personnel for achieving a numerical target or quota of total number 

of births, number of family planning acceptors, or acceptors of 

a particular method of family planning; (3) the project shall not 

deny any right or benefit, including the right of access to participate 

in any program of general welfare or the right of access to health 

care, as a consequence of any individual’s decision not to accept 

family planning services; (4) the project shall provide family planning acceptors comprehensible information on the health benefits 

and risks of the method chosen, including those conditions that 

might render the use of the method inadvisable and those adverse 

side effects known to be consequent to the use of the method; 


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and (5) the project shall ensure that experimental contraceptive 

drugs and devices and medical procedures are provided only in 

the context of a scientific study in which participants are advised 

of potential risks and benefits; and, not less than 60 days after 

the date on which the USAID Administrator determines that there 

has been a violation of the requirements contained in paragraph 

(1), (2), (3), or (5) of this proviso, or a pattern or practice of 

violations of the requirements contained in paragraph (4) of this 

proviso, the Administrator shall submit to the Committees on 

Appropriations a report containing a description of such violation 

and the corrective action taken by the Agency: Provided further, 

That in awarding grants for natural family planning under section 

104 of the Foreign Assistance Act of 1961 no applicant shall be 

discriminated against because of such applicant’s religious or conscientious commitment to offer only natural family planning; and, 

additionally, all such applicants shall comply with the requirements 

of the previous proviso: Provided further, That for purposes of 

this or any other Act authorizing or appropriating funds for the 

Department of State, foreign operations, and related programs, 

the term ‘‘motivate’’, as it relates to family planning assistance, 

shall not be construed to prohibit the provision, consistent with 

local law, of information or counseling about all pregnancy options: 

Provided further, That information provided about the use of 

condoms as part of projects or activities that are funded from 

amounts appropriated by this Act shall be medically accurate and 

shall include the public health benefits and failure rates of such 

use. 

In addition, for necessary expenses to carry out the provisions 

of the Foreign Assistance Act of 1961 for the prevention, treatment, 

and control of, and research on, HIV/AIDS, $5,670,000,000, to 

remain available until September 30, 2020, which shall be apportioned directly to the Department of State: Provided, That funds 

appropriated under this paragraph may be made available, notwithstanding any other provision of law, except for the United States 

Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 

2003 (Public Law 108–25), as amended, for a United States contribution to the Global Fund to Fight AIDS, Tuberculosis and 

Malaria (Global Fund), and shall be expended at the minimum 

rate necessary to make timely payment for projects and activities: 

Provided further, That the amount of such contribution should 

be $1,350,000,000: Provided further, That section 202(d)(4)(A)(i) 

and (vi) of Public Law 108–25, as amended, shall be applied with 

respect to such funds made available for fiscal years 2015 and 

2016 by substituting ‘‘2004’’ for ‘‘2009’’: Provided further, That up 

to 5 percent of the aggregate amount of funds made available 

to the Global Fund in fiscal year 2016 may be made available 

to USAID for technical assistance related to the activities of the 

Global Fund, subject to the regular notification procedures of the 

Committees on Appropriations: Provided further, That of the funds 

appropriated under this paragraph, up to $17,000,000 may be made 

available, in addition to amounts otherwise available for such purposes, for administrative expenses of the Office of the United States 

Global AIDS Coordinator. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2719 

DEVELOPMENT ASSISTANCE

For necessary expenses to carry out the provisions of sections 

103, 105, 106, 214, and sections 251 through 255, and chapter 

10 of part I of the Foreign Assistance Act of 1961, $2,780,971,000, 

to remain available until September 30, 2017. 

INTERNATIONAL DISASTER ASSISTANCE

For necessary expenses to carry out the provisions of section 

491 of the Foreign Assistance Act of 1961 for international disaster 

relief, rehabilitation, and reconstruction assistance, $874,763,000, 

to remain available until expended. 

TRANSITION INITIATIVES

For necessary expenses for international disaster rehabilitation 

and reconstruction assistance administered by the Office of Transition Initiatives, United States Agency for International Development (USAID), pursuant to section 491 of the Foreign Assistance 

Act of 1961, $30,000,000, to remain available until expended, to 

support transition to democracy and long-term development of countries in crisis: Provided, That such support may include assistance 

to develop, strengthen, or preserve democratic institutions and processes, revitalize basic infrastructure, and foster the peaceful resolution of conflict: Provided further, That the USAID Administrator 

shall submit a report to the Committees on Appropriations at 

least 5 days prior to beginning a new program of assistance: Provided further, That if the Secretary of State determines that it 

is important to the national interest of the United States to provide 

transition assistance in excess of the amount appropriated under 

this heading, up to $15,000,000 of the funds appropriated by this 

Act to carry out the provisions of part I of the Foreign Assistance 

Act of 1961 may be used for purposes of this heading and under 

the authorities applicable to funds appropriated under this heading: 

Provided further, That funds made available pursuant to the previous proviso shall be made available subject to prior consultation 

with the Committees on Appropriations. 

COMPLEX CRISES FUND

For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 to support programs and activities 

to prevent or respond to emerging or unforeseen foreign challenges 

and complex crises overseas, $10,000,000, to remain available until 

expended: Provided, That funds appropriated under this heading 

may be made available on such terms and conditions as are appropriate and necessary for the purposes of preventing or responding 

to such challenges and crises, except that no funds shall be made 

available for lethal assistance or to respond to natural disasters: 

Provided further, That funds appropriated under this heading may 

be made available notwithstanding any other provision of law, 

except sections 7007, 7008, and 7018 of this Act and section 620M 

of the Foreign Assistance Act of 1961: Provided further, That funds 

appropriated under this heading may be used for administrative 

expenses, in addition to funds otherwise made available for such 

purposes, except that such expenses may not exceed 5 percent 

of the funds appropriated under this heading: Provided further, 


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129 STAT. 2720 PUBLIC LAW 114–113—DEC. 18, 2015 

That funds appropriated under this heading shall be subject to 

the regular notification procedures of the Committees on Appropriations, except that such notifications shall be transmitted at least 

5 days prior to the obligation of funds. 

DEVELOPMENT CREDIT AUTHORITY

For the cost of direct loans and loan guarantees provided by 

the United States Agency for International Development (USAID), 

as authorized by sections 256 and 635 of the Foreign Assistance 

Act of 1961, up to $40,000,000 may be derived by transfer from 

funds appropriated by this Act to carry out part I of such Act 

and under the heading ‘‘Assistance for Europe, Eurasia and Central 

Asia’’: Provided, That funds provided under this paragraph and 

funds provided as a gift that are used for purposes of this paragraph 

pursuant to section 635(d) of the Foreign Assistance Act of 1961 

shall be made available only for micro- and small enterprise programs, urban programs, and other programs which further the 

purposes of part I of such Act: Provided further, That such costs, 

including the cost of modifying such direct and guaranteed loans, 

shall be as defined in section 502 of the Congressional Budget 

Act of 1974, as amended: Provided further, That funds made available by this paragraph may be used for the cost of modifying 

any such guaranteed loans under this Act or prior Acts making 

appropriations for the Department of State, foreign operations, and 

related programs, and funds used for such costs shall be subject 

to the regular notification procedures of the Committees on Appropriations: Provided further, That the provisions of section 107A(d) 

(relating to general provisions applicable to the Development Credit 

Authority) of the Foreign Assistance Act of 1961, as contained 

in section 306 of H.R. 1486 as reported by the House Committee 

on International Relations on May 9, 1997, shall be applicable 

to direct loans and loan guarantees provided under this heading, 

except that the principal amount of loans made or guaranteed 

under this heading with respect to any single country shall not 

exceed $300,000,000: Provided further, That these funds are available to subsidize total loan principal, any portion of which is to 

be guaranteed, of up to $1,500,000,000. 

In addition, for administrative expenses to carry out credit 

programs administered by USAID, $8,120,000, which may be transferred to, and merged with, funds made available under the heading 

‘‘Operating Expenses’’ in title II of this Act: Provided, That funds 

made available under this heading shall remain available until 

September 30, 2018. 

ECONOMIC SUPPORT FUND

For necessary expenses to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961, $1,896,315,000, 

to remain available until September 30, 2017. 

DEMOCRACY FUND

For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 for the promotion of democracy globally, 

$150,500,000, to remain available until September 30, 2017, of 

which $88,500,000 shall be made available for the Human Rights 

and Democracy Fund of the Bureau of Democracy, Human Rights 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2721 

and Labor, Department of State, and $62,000,000 shall be made 

available for the Bureau for Democracy, Conflict, and Humanitarian 

Assistance, United States Agency for International Development. 

ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961, the FREEDOM Support Act (Public 

Law 102–511), and the Support for Eastern European Democracy 

(SEED) Act of 1989 (Public Law 101–179), $491,119,000, to remain 

available until September 30, 2017, which shall be available, notwithstanding any other provision of law, except section 7070 of 

this Act, for assistance and related programs for countries identified 

in section 3 of Public Law 102–511 and section 3(c) of Public 

Law 101–179, in addition to funds otherwise available for such 

purposes: Provided, That funds appropriated by this Act under 

the headings ‘‘Global Health Programs’’ and ‘‘Economic Support 

Fund’’ that are made available for assistance for such countries 

shall be administered in accordance with the responsibilities of 

the coordinator designated pursuant to section 102 of Public Law 

102–511 and section 601 of Public Law 101–179: Provided further, 

That funds appropriated under this heading shall be considered 

to be economic assistance under the Foreign Assistance Act of 

1961 for purposes of making available the administrative authorities contained in that Act for the use of economic assistance. 

DEPARTMENT OF STATE

MIGRATION AND REFUGEE ASSISTANCE

For necessary expenses not otherwise provided for, to enable 

the Secretary of State to carry out the provisions of section 2(a) 

and (b) of the Migration and Refugee Assistance Act of 1962, and 

other activities to meet refugee and migration needs; salaries and 

expenses of personnel and dependents as authorized by the Foreign 

Service Act of 1980; allowances as authorized by sections 5921 

through 5925 of title 5, United States Code; purchase and hire 

of passenger motor vehicles; and services as authorized by section 

3109 of title 5, United States Code, $931,886,000, to remain available until expended, of which not less than $35,000,000 shall be 

made available to respond to small-scale emergency humanitarian 

requirements, and $10,000,000 shall be made available for refugees 

resettling in Israel. 

UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE

FUND

For necessary expenses to carry out the provisions of section 

2(c) of the Migration and Refugee Assistance Act of 1962, as 

amended (22 U.S.C. 2601(c)), $50,000,000, to remain available until 

expended. 


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129 STAT. 2722 PUBLIC LAW 114–113—DEC. 18, 2015 

INDEPENDENT AGENCIES

PEACE CORPS

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the provisions of the Peace 

Corps Act (22 U.S.C. 2501 et seq.), including the purchase of not 

to exceed five passenger motor vehicles for administrative purposes 

for use outside of the United States, $410,000,000, of which 

$5,150,000 is for the Office of Inspector General, to remain available 

until September 30, 2017: Provided, That the Director of the Peace 

Corps may transfer to the Foreign Currency Fluctuations Account, 

as authorized by section 16 of the Peace Corps Act (22 U.S.C. 

2515), an amount not to exceed $5,000,000: Provided further, That 

funds transferred pursuant to the previous proviso may not be 

derived from amounts made available for Peace Corps overseas 

operations: Provided further, That of the funds appropriated under 

this heading, not to exceed $104,000 may be available for representation expenses, of which not to exceed $4,000 may be made available for entertainment expenses: Provided further, That any decision to open, close, significantly reduce, or suspend a domestic 

or overseas office or country program shall be subject to prior 

consultation with, and the regular notification procedures of, the 

Committees on Appropriations, except that prior consultation and 

regular notification procedures may be waived when there is a 

substantial security risk to volunteers or other Peace Corps personnel, pursuant to section 7015(e) of this Act: Provided further, 

That none of the funds appropriated under this heading shall be 

used to pay for abortions: Provided further, That notwithstanding 

the previous proviso, section 614 of division E of Public Law 113– 

76 shall apply to funds appropriated under this heading. 

MILLENNIUM CHALLENGE CORPORATION

For necessary expenses to carry out the provisions of the Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.) (MCA), 

$901,000,000, to remain available until expended: Provided, That 

of the funds appropriated under this heading, up to $105,000,000 

may be available for administrative expenses of the Millennium 

Challenge Corporation (the Corporation): Provided further, That 

up to 5 percent of the funds appropriated under this heading 

may be made available to carry out the purposes of section 616 

of the MCA for fiscal year 2016: Provided further, That section 

605(e) of the MCA shall apply to funds appropriated under this 

heading: Provided further, That funds appropriated under this 

heading may be made available for a Millennium Challenge Compact entered into pursuant to section 609 of the MCA only if 

such Compact obligates, or contains a commitment to obligate subject to the availability of funds and the mutual agreement of the 

parties to the Compact to proceed, the entire amount of the United 

States Government funding anticipated for the duration of the 

Compact: Provided further, That the Chief Executive Officer of 

the Corporation shall notify the Committees on Appropriations not 

later than 15 days prior to commencing negotiations for any country 

compact or threshold country program; signing any such compact 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2723 

or threshold program; or terminating or suspending any such compact or threshold program: Provided further, That funds appropriated under this heading by this Act and prior Acts making 

appropriations for the Department of State, foreign operations, and 

related programs that are available to implement section 609(g) 

of the MCA shall be subject to the regular notification procedures 

of the Committees on Appropriations: Provided further, That no 

country should be eligible for a threshold program after such 

country has completed a country compact: Provided further, That 

any funds that are deobligated from a Millennium Challenge Compact shall be subject to the regular notification procedures of the 

Committees on Appropriations prior to re-obligation: Provided further, That notwithstanding section 606(a)(2) of the MCA, a country 

shall be a candidate country for purposes of eligibility for assistance 

for the fiscal year if the country has a per capita income equal 

to or below the World Bank’s lower middle income country threshold 

for the fiscal year and is among the 75 lowest per capita income 

countries as identified by the World Bank; and the country meets 

the requirements of section 606(a)(1)(B) of the MCA: Provided further, That notwithstanding section 606(b)(1) of the MCA, in addition 

to countries described in the preceding proviso, a country shall 

be a candidate country for purposes of eligibility for assistance 

for the fiscal year if the country has a per capita income equal 

to or below the World Bank’s lower middle income country threshold 

for the fiscal year and is not among the 75 lowest per capita 

income countries as identified by the World Bank; and the country 

meets the requirements of section 606(a)(1)(B) of the MCA: Provided 

further, That any Millennium Challenge Corporation candidate 

country under section 606 of the MCA with a per capita income 

that changes in the fiscal year such that the country would be 

reclassified from a low income country to a lower middle income 

country or from a lower middle income country to a low income 

country shall retain its candidacy status in its former income classification for the fiscal year and the 2 subsequent fiscal years: Provided further, That publication in the Federal Register of a notice 

of availability of a copy of a Compact on the Millennium Challenge 

Corporation Web site shall be deemed to satisfy the requirements 

of section 610(b)(2) of the MCA for such Compact: Provided further, 

That none of the funds made available by this Act or prior Acts 

making appropriations for the Department of State, foreign operations, and related programs shall be available for a threshold 

program in a country that is not currently a candidate country: 

Provided further, That the Comptroller General of the United States 

shall provide to the appropriate congressional committees a review 

of authorities that may allow the Millennium Challenge Corporation 

to obligate funds that are unobligated from prior fiscal years for 

compacts in countries that are not eligible for a compact in the 

current fiscal year: Provided further, That such review shall include 

an assessment as set forth in the explanatory statement described 

in section 4 (in the matter preceding division A of this Consolidated 

Act): Provided further, That funds appropriated under this heading 

shall be used on a reimbursable basis for such review: Provided 

further, That of the funds appropriated under this heading, not 

to exceed $100,000 may be available for representation and entertainment expenses, of which not to exceed $5,000 may be available 

for entertainment expenses. 


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129 STAT. 2724 PUBLIC LAW 114–113—DEC. 18, 2015 

INTER-AMERICAN FOUNDATION

For necessary expenses to carry out the functions of the InterAmerican Foundation in accordance with the provisions of section 

401 of the Foreign Assistance Act of 1969, $22,500,000, to remain 

available until September 30, 2017: Provided, That of the funds 

appropriated under this heading, not to exceed $2,000 may be 

available for representation expenses. 

UNITED STATES AFRICAN DEVELOPMENT FOUNDATION

For necessary expenses to carry out title V of the International 

Security and Development Cooperation Act of 1980 (Public Law 

96–533), $30,000,000, to remain available until September 30, 2017, 

of which not to exceed $2,000 may be available for representation 

expenses: Provided, That funds made available to grantees may 

be invested pending expenditure for project purposes when authorized by the Board of Directors of the United States African Development Foundation (USADF): Provided further, That interest earned 

shall be used only for the purposes for which the grant was made: 

Provided further, That notwithstanding section 505(a)(2) of the 

African Development Foundation Act, in exceptional circumstances 

the Board of Directors of the USADF may waive the $250,000 

limitation contained in that section with respect to a project and 

a project may exceed the limitation by up to 10 percent if the 

increase is due solely to foreign currency fluctuation: Provided 

further, That the USADF shall submit a report to the Committees 

on Appropriations after each time such waiver authority is exercised: Provided further, That the USADF may make rent or lease 

payments in advance from appropriations available for such purpose 

for offices, buildings, grounds, and quarters in Africa as may be 

necessary to carry out its functions: Provided further, That the 

USADF may maintain bank accounts outside the United States 

Treasury and retain any interest earned on such accounts, in furtherance of the purposes of the African Foundation Development 

Act: Provided further, That the USADF may not withdraw any 

appropriation from the Treasury prior to the need of spending 

such funds for program purposes. 

DEPARTMENT OF THE TREASURY

INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

For necessary expenses to carry out the provisions of section 

129 of the Foreign Assistance Act of 1961, $23,500,000, to remain 

available until September 30, 2018, which shall be available notwithstanding any other provision of law. 

TITLE IV 

INTERNATIONAL SECURITY ASSISTANCE 

DEPARTMENT OF STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

For necessary expenses to carry out section 481 of the Foreign 

Assistance Act of 1961, $894,821,000, to remain available until 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2725 

September 30, 2017: Provided, That the provision of assistance 

by any other United States Government department or agency 

which is comparable to assistance that may be made available 

under this heading, but which is provided under any other provision 

of law, should be provided only with the concurrence of the Secretary of State and in accordance with the provisions of sections 

481(b) and 622(c) of the Foreign Assistance Act of 1961: Provided 

further, That the Department of State may use the authority of 

section 608 of the Foreign Assistance Act of 1961, without regard 

to its restrictions, to receive excess property from an agency of 

the United States Government for the purpose of providing such 

property to a foreign country or international organization under 

chapter 8 of part I of that Act, subject to the regular notification 

procedures of the Committees on Appropriations: Provided further, 

That section 482(b) of the Foreign Assistance Act of 1961 shall 

not apply to funds appropriated under this heading, except that 

any funds made available notwithstanding such section shall be 

subject to the regular notification procedures of the Committees 

on Appropriations: Provided further, That funds appropriated under 

this heading shall be made available to support training and technical assistance for foreign law enforcement, corrections, and other 

judicial authorities, utilizing regional partners: Provided further, 

That not less than $54,975,000 of the funds appropriated under 

this heading shall be transferred to, and merged with, funds appropriated by this Act under the heading ‘‘Assistance for Europe, 

Eurasia and Central Asia’’, which shall be available for the same 

purposes as funds appropriated under this heading: Provided further, That funds made available under this heading that are transferred to another department, agency, or instrumentality of the 

United States Government pursuant to section 632(b) of the Foreign 

Assistance Act of 1961 valued in excess of $5,000,000, and any 

agreement made pursuant to section 632(a) of such Act, shall be 

subject to the regular notification procedures of the Committees 

on Appropriations. 

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED

PROGRAMS

For necessary expenses for nonproliferation, anti-terrorism, 

demining and related programs and activities, $506,381,000, to 

remain available until September 30, 2017, to carry out the provisions of chapter 8 of part II of the Foreign Assistance Act of 

1961 for anti-terrorism assistance, chapter 9 of part II of the Foreign 

Assistance Act of 1961, section 504 of the FREEDOM Support 

Act, section 23 of the Arms Export Control Act, or the Foreign 

Assistance Act of 1961 for demining activities, the clearance of 

unexploded ordnance, the destruction of small arms, and related 

activities, notwithstanding any other provision of law, including 

activities implemented through nongovernmental and international 

organizations, and section 301 of the Foreign Assistance Act of 

1961 for a United States contribution to the Comprehensive Nuclear 

Test Ban Treaty Preparatory Commission, and for a voluntary 

contribution to the International Atomic Energy Agency (IAEA): 

Provided, That the Secretary of State shall inform the appropriate 

congressional committees of information regarding any separate 

arrangements relating to the ‘‘Road-map for the Clarification of 

Past and Present Outstanding Issues Regarding Iran’s Nuclear 


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129 STAT. 2726 PUBLIC LAW 114–113—DEC. 18, 2015 

Program’’ between the IAEA and the Islamic Republic of Iran, 

in classified form if necessary, if such information becomes known 

to the Department of State: Provided further, That for the clearance 

of unexploded ordnance, the Secretary of State should prioritize 

those areas where such ordnance was caused by the United States: 

Provided further, That funds made available under this heading 

for the Nonproliferation and Disarmament Fund shall be available 

notwithstanding any other provision of law and subject to prior 

consultation with, and the regular notification procedures of, the 

Committees on Appropriations, to promote bilateral and multilateral activities relating to nonproliferation, disarmament, and 

weapons destruction, and shall remain available until expended: 

Provided further, That such funds may also be used for such countries other than the Independent States of the former Soviet Union 

and international organizations when it is in the national security 

interest of the United States to do so: Provided further, That funds 

appropriated under this heading may be made available for the 

IAEA unless the Secretary of State determines that Israel is being 

denied its right to participate in the activities of that Agency: 

Provided further, That funds made available under this heading 

for the Counterterrorism Partnerships Fund shall be subject to 

the regular notification procedures of the Committees on Appropriations: Provided further, That funds made available for conventional 

weapons destruction programs, including demining and related 

activities, in addition to funds otherwise available for such purposes, 

may be used for administrative expenses related to the operation 

and management of such programs and activities, subject to the 

regular notification procedures of the Committees on Appropriations. 

PEACEKEEPING OPERATIONS

For necessary expenses to carry out the provisions of section 

551 of the Foreign Assistance Act of 1961, $131,361,000: Provided, 

That funds appropriated under this heading may be used, notwithstanding section 660 of such Act, to provide assistance to enhance 

the capacity of foreign civilian security forces, including gendarmes, 

to participate in peacekeeping operations: Provided further, That 

of the funds appropriated under this heading, not less than 

$35,000,000 shall be made available for a United States contribution 

to the Multinational Force and Observers mission in the Sinai: 

Provided further, That none of the funds appropriated under this 

heading shall be obligated except as provided through the regular 

notification procedures of the Committees on Appropriations. 

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL MILITARY EDUCATION AND TRAINING

For necessary expenses to carry out the provisions of section 

541 of the Foreign Assistance Act of 1961, $108,115,000, of which 

up to $4,000,000 may remain available until September 30, 2017: 

Provided, That the civilian personnel for whom military education 

and training may be provided under this heading may include 

civilians who are not members of a government whose participation 

would contribute to improved civil-military relations, civilian control 

of the military, or respect for human rights: Provided further, 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2727 

That of the funds appropriated under this heading, not to exceed 

$55,000 may be available for entertainment expenses. 

FOREIGN MILITARY FINANCING PROGRAM

For necessary expenses for grants to enable the President to 

carry out the provisions of section 23 of the Arms Export Control 

Act, $4,737,522,000: Provided, That to expedite the provision of 

assistance to foreign countries and international organizations, the 

Secretary of State, following consultation with the Committees on 

Appropriations and subject to the regular notification procedures 

of such Committees, may use the funds appropriated under this 

heading to procure defense articles and services to enhance the 

capacity of foreign security forces: Provided further, That of the 

funds appropriated under this heading, not less than $3,100,000,000 

shall be available for grants only for Israel, and funds are available 

for assistance for Jordan and Egypt subject to section 7041 of 

this Act: Provided further, That the funds appropriated under this 

heading for assistance for Israel shall be disbursed within 30 days 

of enactment of this Act: Provided further, That to the extent 

that the Government of Israel requests that funds be used for 

such purposes, grants made available for Israel under this heading 

shall, as agreed by the United States and Israel, be available 

for advanced weapons systems, of which not less than $815,300,000 

shall be available for the procurement in Israel of defense articles 

and defense services, including research and development: Provided 

further, That none of the funds made available under this heading 

shall be made available to support or continue any program initially 

funded under the authority of section 1206 of the National Defense 

Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 

Stat. 3456), or section 2282 of title 10, United States Code, unless 

the Secretary of State, in coordination with the Secretary of Defense, 

has justified such program to the Committees on Appropriations: 

Provided further, That funds appropriated or otherwise made available under this heading shall be nonrepayable notwithstanding 

any requirement in section 23 of the Arms Export Control Act: 

Provided further, That funds made available under this heading 

shall be obligated upon apportionment in accordance with paragraph (5)(C) of section 1501(a) of title 31, United States Code. 

None of the funds made available under this heading shall 

be available to finance the procurement of defense articles, defense 

services, or design and construction services that are not sold by 

the United States Government under the Arms Export Control 

Act unless the foreign country proposing to make such procurement 

has first signed an agreement with the United States Government 

specifying the conditions under which such procurement may be 

financed with such funds: Provided, That all country and funding 

level increases in allocations shall be submitted through the regular 

notification procedures of section 7015 of this Act: Provided further, 

That funds made available under this heading may be used, notwithstanding any other provision of law, for demining, the clearance 

of unexploded ordnance, and related activities, and may include 

activities implemented through nongovernmental and international 

organizations: Provided further, That only those countries for which 

assistance was justified for the ‘‘Foreign Military Sales Financing 

Program’’ in the fiscal year 1989 congressional presentation for 

security assistance programs may utilize funds made available 


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129 STAT. 2728 PUBLIC LAW 114–113—DEC. 18, 2015 

under this heading for procurement of defense articles, defense 

services, or design and construction services that are not sold by 

the United States Government under the Arms Export Control 

Act: Provided further, That funds appropriated under this heading 

shall be expended at the minimum rate necessary to make timely 

payment for defense articles and services: Provided further, That 

not more than $75,000,000 of the funds appropriated under this 

heading may be obligated for necessary expenses, including the 

purchase of passenger motor vehicles for replacement only for use 

outside of the United States, for the general costs of administering 

military assistance and sales, except that this limitation may be 

exceeded only through the regular notification procedures of the 

Committees on Appropriations: Provided further, That of the funds 

made available under this heading for general costs of administering 

military assistance and sales, not to exceed $4,000 may be available 

for entertainment expenses and not to exceed $130,000 may be 

available for representation expenses: Provided further, That not 

more than $904,000,000 of funds realized pursuant to section 

21(e)(1)(A) of the Arms Export Control Act may be obligated for 

expenses incurred by the Department of Defense during fiscal year 

2016 pursuant to section 43(b) of the Arms Export Control Act, 

except that this limitation may be exceeded only through the regular 

notification procedures of the Committees on Appropriations. 

TITLE V 

MULTILATERAL ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL ORGANIZATIONS AND PROGRAMS

For necessary expenses to carry out the provisions of section 

301 of the Foreign Assistance Act of 1961, and of section 2 of 

the United Nations Environment Program Participation Act of 1973, 

$339,000,000, of which up to $10,000,000 may be made available 

for the Intergovernmental Panel on Climate Change/United Nations 

Framework Convention on Climate Change: Provided, That section 

307(a) of the Foreign Assistance Act of 1961 shall not apply to 

contributions to the United Nations Democracy Fund. 

INTERNATIONAL FINANCIAL INSTITUTIONS

GLOBAL ENVIRONMENT FACILITY

For payment to the International Bank for Reconstruction and 

Development as trustee for the Global Environment Facility by 

the Secretary of the Treasury, $168,263,000, to remain available 

until expended. 

CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION

For payment to the International Development Association by 

the Secretary of the Treasury, $1,197,128,000, to remain available 

until expended. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2729 

CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION

AND DEVELOPMENT

For payment to the International Bank for Reconstruction and 

Development by the Secretary of the Treasury for the United States 

share of the paid-in portion of the increases in capital stock, 

$186,957,000, to remain available until expended. 

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the International Bank for 

Reconstruction and Development may subscribe without fiscal year 

limitation to the callable capital portion of the United States share 

of increases in capital stock in an amount not to exceed 

$2,928,990,899. 

CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND

For payment to the International Bank for Reconstruction and 

Development as trustee for the Clean Technology Fund by the 

Secretary of the Treasury, $170,680,000, to remain available until 

expended. 

CONTRIBUTION TO THE STRATEGIC CLIMATE FUND

For payment to the International Bank for Reconstruction and 

Development as trustee for the Strategic Climate Fund by the 

Secretary of the Treasury, $49,900,000, to remain available until 

expended. 

CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT BANK

For payment to the Inter-American Development Bank by the 

Secretary of the Treasury for the United States share of the paidin portion of the increase in capital stock, $102,020,448, to remain 

available until expended. 

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the Inter-American Development 

Bank may subscribe without fiscal year limitation to the callable 

capital portion of the United States share of such capital stock 

in an amount not to exceed $4,098,794,833. 

CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK

For payment to the Asian Development Bank by the Secretary 

of the Treasury for the United States share of the paid-in portion 

of increase in capital stock, $5,608,435, to remain available until 

expended. 

CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

For payment to the Asian Development Bank’s Asian Development Fund by the Secretary of the Treasury, $104,977,000, to 

remain available until expended. 


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129 STAT. 2730 PUBLIC LAW 114–113—DEC. 18, 2015 

CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

For payment to the African Development Bank by the Secretary 

of the Treasury for the United States share of the paid-in portion 

of the increase in capital stock, $34,118,027, to remain available 

until expended. 

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the African Development Bank 

may subscribe without fiscal year limitation to the callable capital 

portion of the United States share of such capital stock in an 

amount not to exceed $507,860,808. 

CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

For payment to the African Development Fund by the Secretary 

of the Treasury, $175,668,000, to remain available until expended. 

CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL

DEVELOPMENT

For payment to the International Fund for Agricultural 

Development by the Secretary of the Treasury, $31,930,000, to 

remain available until expended. 

GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM

For payment to the Global Agriculture and Food Security Program by the Secretary of the Treasury, $43,000,000, to remain 

available until expended. 

CONTRIBUTION TO THE NORTH AMERICAN DEVELOPMENT BANK

For payment to the North American Development Bank by 

the Secretary of the Treasury for the United States share of the 

paid-in portion of the increase in capital stock, $10,000,000, to 

remain available until expended. 

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The Secretary of the Treasury may subscribe without fiscal 

year limitation to the callable capital portion of the United States 

share of such capital stock in an amount not to exceed $255,000,000. 

TITLE VI 

EXPORT AND INVESTMENT ASSISTANCE 

EXPORT-IMPORT BANK OF THE UNITED STATES

INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, 

as amended, $6,000,000, to remain available until September 30, 

2017. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2731 

PROGRAM ACCOUNT

The Export-Import Bank (the Bank) of the United States is 

authorized to make such expenditures within the limits of funds 

and borrowing authority available to such corporation, and in 

accordance with law, and to make such contracts and commitments 

without regard to fiscal year limitations, as provided by section 

104 of the Government Corporation Control Act, as may be necessary in carrying out the program for the current fiscal year 

for such corporation: Provided, That none of the funds available 

during the current fiscal year may be used to make expenditures, 

contracts, or commitments for the export of nuclear equipment, 

fuel, or technology to any country, other than a nuclear-weapon 

state as defined in Article IX of the Treaty on the Non-Proliferation 

of Nuclear Weapons eligible to receive economic or military assistance under this Act, that has detonated a nuclear explosive after 

the date of the enactment of this Act. 

ADMINISTRATIVE EXPENSES

For administrative expenses to carry out the direct and guaranteed loan and insurance programs, including hire of passenger 

motor vehicles and services as authorized by section 3109 of title 

5, United States Code, and not to exceed $30,000 for official reception and representation expenses for members of the Board of 

Directors, not to exceed $106,250,000: Provided, That the ExportImport Bank (the Bank) may accept, and use, payment or services 

provided by transaction participants for legal, financial, or technical 

services in connection with any transaction for which an application 

for a loan, guarantee or insurance commitment has been made: 

Provided further, That the Bank shall charge fees for necessary 

expenses (including special services performed on a contract or 

fee basis, but not including other personal services) in connection 

with the collection of moneys owed the Bank, repossession or sale 

of pledged collateral or other assets acquired by the Bank in satisfaction of moneys owed the Bank, or the investigation or appraisal 

of any property, or the evaluation of the legal, financial, or technical 

aspects of any transaction for which an application for a loan, 

guarantee or insurance commitment has been made, or systems 

infrastructure directly supporting transactions: Provided further, That in addition to other funds appropriated for administrative 

expenses, such fees shall be credited to this account for such purposes, to remain available until expended. 

RECEIPTS COLLECTED

Receipts collected pursuant to the Export-Import Bank Act 

of 1945, as amended, and the Federal Credit Reform Act of 1990, 

as amended, in an amount not to exceed the amount appropriated 

herein, shall be credited as offsetting collections to this account: 

Provided, That the sums herein appropriated from the General 

Fund shall be reduced on a dollar-for-dollar basis by such offsetting 

collections so as to result in a final fiscal year appropriation from 

the General Fund estimated at $0: Provided further, That amounts 

collected in fiscal year 2016 in excess of obligations, up to 

$10,000,000 shall become available on September 1, 2016, and 

shall remain available until September 30, 2019. 


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129 STAT. 2732 PUBLIC LAW 114–113—DEC. 18, 2015 

OVERSEAS PRIVATE INVESTMENT CORPORATION

NONCREDIT ACCOUNT

The Overseas Private Investment Corporation is authorized 

to make, without regard to fiscal year limitations, as provided 

by section 9104 of title 31, United States Code, such expenditures 

and commitments within the limits of funds available to it and 

in accordance with law as may be necessary: Provided, That the 

amount available for administrative expenses to carry out the credit 

and insurance programs (including an amount for official reception 

and representation expenses which shall not exceed $35,000) shall 

not exceed $62,787,000: Provided further, That project-specific 

transaction costs, including direct and indirect costs incurred in 

claims settlements, and other direct costs associated with services 

provided to specific investors or potential investors pursuant to 

section 234 of the Foreign Assistance Act of 1961, shall not be 

considered administrative expenses for the purposes of this heading. 

PROGRAM ACCOUNT

For the cost of direct and guaranteed loans, $20,000,000, as 

authorized by section 234 of the Foreign Assistance Act of 1961, 

to be derived by transfer from the Overseas Private Investment 

Corporation Noncredit Account: Provided, That such costs, including 

the cost of modifying such loans, shall be as defined in section 

502 of the Congressional Budget Act of 1974: Provided further, 

That such sums shall be available for direct loan obligations and 

loan guaranty commitments incurred or made during fiscal years 

2016, 2017, and 2018: Provided further, That funds so obligated 

in fiscal year 2016 remain available for disbursement through 2024; 

funds obligated in fiscal year 2017 remain available for disbursement through 2025; and funds obligated in fiscal year 2018 remain 

available for disbursement through 2026: Provided further, That 

notwithstanding any other provision of law, the Overseas Private 

Investment Corporation is authorized to undertake any program 

authorized by title IV of chapter 2 of part I of the Foreign Assistance 

Act of 1961 in Iraq: Provided further, That funds made available 

pursuant to the authority of the previous proviso shall be subject 

to the regular notification procedures of the Committees on Appropriations. 

In addition, such sums as may be necessary for administrative 

expenses to carry out the credit program may be derived from 

amounts available for administrative expenses to carry out the 

credit and insurance programs in the Overseas Private Investment 

Corporation Noncredit Account and merged with said account. 

TRADE AND DEVELOPMENT AGENCY

For necessary expenses to carry out the provisions of section 

661 of the Foreign Assistance Act of 1961, $60,000,000, to remain 

available until September 30, 2017: Provided, That of the amounts 

made available under this heading, up to $2,500,000 may be made 

available to provide comprehensive procurement advice to foreign 

governments to support local procurements funded by the United 

States Agency for International Development, the Millennium Challenge Corporation, and the Department of State: Provided further, 

That of the funds appropriated under this heading, not more than 


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$5,000 may be available for representation and entertainment 

expenses. 

TITLE VII 

GENERAL PROVISIONS 

ALLOWANCES AND DIFFERENTIALS

SEC. 7001. Funds appropriated under title I of this Act shall 

be available, except as otherwise provided, for allowances and differentials as authorized by subchapter 59 of title 5, United States 

Code; for services as authorized by section 3109 of such title and 

for hire of passenger transportation pursuant to section 1343(b) 

of title 31, United States Code. 

UNOBLIGATED BALANCES REPORT

SEC. 7002. Any department or agency of the United States 

Government to which funds are appropriated or otherwise made 

available by this Act shall provide to the Committees on Appropriations a quarterly accounting of cumulative unobligated balances 

and obligated, but unexpended, balances by program, project, and 

activity, and Treasury Account Fund Symbol of all funds received 

by such department or agency in fiscal year 2016 or any previous 

fiscal year, disaggregated by fiscal year: Provided, That the report 

required by this section should specify by account the amount 

of funds obligated pursuant to bilateral agreements which have 

not been further sub-obligated. 

CONSULTING SERVICES

SEC. 7003. The expenditure of any appropriation under title 

I of this Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code, 

shall be limited to those contracts where such expenditures are 

a matter of public record and available for public inspection, except 

where otherwise provided under existing law, or under existing 

Executive Order issued pursuant to existing law. 

DIPLOMATIC FACILITIES

SEC. 7004. (a) CAPITAL SECURITY COST SHARING.—Of funds 

provided under title I of this Act, except as provided in subsection 

(b), a project to construct a diplomatic facility of the United States 

may not include office space or other accommodations for an 

employee of a Federal agency or department if the Secretary of 

State determines that such department or agency has not provided 

to the Department of State the full amount of funding required 

by subsection (e) of section 604 of the Secure Embassy Construction 

and Counterterrorism Act of 1999 (as enacted into law by section 

1000(a)(7) of Public Law 106–113 and contained in appendix G 

of that Act; 113 Stat. 1501A–453), as amended by section 629 

of the Departments of Commerce, Justice, and State, the Judiciary, 

and Related Agencies Appropriations Act, 2005. 

(b) EXCEPTION.—Notwithstanding the prohibition in subsection 

(a), a project to construct a diplomatic facility of the United States 


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may include office space or other accommodations for members 

of the United States Marine Corps. 

(c) NEW DIPLOMATIC FACILITIES.—For the purposes of calculating the fiscal year 2016 costs of providing new United States 

diplomatic facilities in accordance with section 604(e) of the Secure 

Embassy Construction and Counterterrorism Act of 1999 (22 U.S.C. 

4865 note), the Secretary of State, in consultation with the Director 

of the Office of Management and Budget, shall determine the annual 

program level and agency shares in a manner that is proportional 

to the Department of State’s contribution for this purpose. 

(d) CONSULTATION AND NOTIFICATION REQUIREMENTS.—Funds 

appropriated by this Act and prior Acts making appropriations 

for the Department of State, foreign operations, and related programs, which may be made available for the acquisition of property 

or award of construction contracts for overseas diplomatic facilities 

during fiscal year 2016, shall be subject to prior consultation with, 

and the regular notification procedures of, the Committees on 

Appropriations: Provided, That notifications pursuant to this subsection shall include the information enumerated under the heading 

‘‘Embassy Security, Construction, and Maintenance’’ in House 

Report 114–154: Provided further, That any such notification for 

a new diplomatic facility justified to the Committees on Appropriations in Appendix 1 of the Congressional Budget Justification, 

Department of State, Diplomatic Engagement, Fiscal Year 2016, 

or not previously justified to such Committees, shall also include 

confirmation that the Department of State has completed the requisite value engineering studies required pursuant to OMB Circular 

A–131, Value Engineering December 31, 2013 and the Bureau 

of Overseas Building Operations Policy and Procedure Directive, 

P&PD, Cost 02: Value Engineering. 

(e) REPORTS.— 

(1) None of the funds appropriated under the heading 

‘‘Embassy Security, Construction, and Maintenance’’ in this 

Act and prior Acts making appropriations for the Department 

of State, foreign operations, and related programs, made available through Federal agency Capital Security Cost Sharing 

contributions and reimbursements, or generated from the proceeds of real property sales, other than from real property 

sales located in London, United Kingdom, may be made available for site acquisition and mitigation, planning, design, or 

construction of the New London Embassy: Provided, That the 

reporting requirement contained in section 7004(f)(2) of the 

Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (division I of Public Law 112– 

74) shall remain in effect during fiscal year 2016. 

(2) Within 45 days of enactment of this Act and every 

4 months thereafter until September 30, 2016, the Secretary 

of State shall submit to the Committees on Appropriations 

a report on the new Mexico City Embassy and Beirut Embassy 

projects: Provided, That such report shall include, for each 

of the projects— 

(A) cost projections; 

(B) cost containment efforts; 

(C) project schedule and actual project status; 

(D) the impact of currency exchange rate fluctuations 

on project costs; 


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(E) revenues derived from, or estimated to be derived 

from, real property sales in Mexico City, Mexico for the 

embassy project in Mexico City and in Beirut, Lebanon 

for the embassy project in Beirut; and 

(F) options for modifying the scope of the project in 

the event that costs escalate above amounts justified to 

the Committees on Appropriations in Appendix 1 of the 

Congressional Budget Justification, Department of State 

Operations, Fiscal Year 2015 for the Mexico City Embassy 

project, and in Appendix 1 of the Congressional Budget 

Justification, Department of State, Diplomatic Engagement, Fiscal Year 2016 for the Beirut Embassy project. 

(f) INTERIM AND TEMPORARY FACILITIES ABROAD.— 

(1) Funds appropriated by this Act under the heading 

‘‘Embassy Security, Construction, and Maintenance’’ may be 

made available to address security vulnerabilities at interim 

and temporary facilities abroad, including physical security 

upgrades and local guard staffing, except that the amount 

of funds made available for such purposes from this Act and 

prior Acts making appropriations for the Department of State, 

foreign operations, and related programs shall be a minimum 

of $25,000,000: Provided, That the uses of such funds should 

be the responsibility of the Assistant Secretary of State for 

the Bureau of Diplomatic Security and Foreign Missions, in 

consultation with the Director of the Bureau of Overseas 

Buildings Operations: Provided further, That such funds shall 

be subject to prior consultation with the Committees on Appropriations. 

(2) Notwithstanding any other provision of law, the 

opening, closure, or any significant modification to an interim 

or temporary diplomatic facility shall be subject to prior consultation with the appropriate congressional committees and 

the regular notification procedures of the Committees on Appropriations, except that such consultation and notification may 

be waived if there is a security risk to personnel. 

(3) Not later than 60 days after enactment of this Act, 

the Department of State shall document standard operating 

procedures and best practices associated with the delivery, 

construction, and protection of temporary structures in high 

threat and conflict environments: Provided, That the Secretary 

of State shall inform the Committees on Appropriations after 

completing such documentation. 

(g) TRANSFER AUTHORITY.—Funds appropriated under the 

heading ‘‘Diplomatic and Consular Programs’’, including for Worldwide Security Protection, and under the heading ‘‘Embassy Security, 

Construction, and Maintenance’’ in titles I and VIII of this Act 

may be transferred to, and merged with, funds appropriated by 

such titles under such headings if the Secretary of State determines 

and reports to the Committees on Appropriations that to do so 

is necessary to implement the recommendations of the Benghazi 

Accountability Review Board, or to prevent or respond to security 

situations and requirements, following consultation with, and subject to the regular notification procedures of, such Committees: 

Provided, That such transfer authority is in addition to any transfer 

authority otherwise available under any other provision of law. 


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PERSONNEL ACTIONS

SEC. 7005. Any costs incurred by a department or agency funded 

under title I of this Act resulting from personnel actions taken 

in response to funding reductions included in this Act shall be 

absorbed within the total budgetary resources available under title 

I to such department or agency: Provided, That the authority to 

transfer funds between appropriations accounts as may be necessary 

to carry out this section is provided in addition to authorities 

included elsewhere in this Act: Provided further, That use of funds 

to carry out this section shall be treated as a reprogramming 

of funds under section 7015 of this Act and shall not be available 

for obligation or expenditure except in compliance with the procedures set forth in that section. 

LOCAL GUARD CONTRACTS

SEC. 7006. In evaluating proposals for local guard contracts, 

the Secretary of State shall award contracts in accordance with 

section 136 of the Foreign Relations Authorization Act, Fiscal Years 

1990 and 1991 (22 U.S.C. 4864), except that the Secretary may 

grant authorization to award such contracts on the basis of best 

value as determined by a cost-technical tradeoff analysis (as 

described in Federal Acquisition Regulation part 15.101), notwithstanding subsection (c)(3) of such section: Provided, That the 

authority in this section shall apply to any options for renewal 

that may be exercised under such contracts that are awarded during 

the current fiscal year: Provided further, That the Secretary shall 

notify the appropriate congressional committees at least 15 days 

prior to making an award pursuant to this section for a local 

guard and protective service contract for a United States diplomatic 

facility not deemed ‘‘high-risk, high-threat’’. 

PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES

SEC. 7007. None of the funds appropriated or otherwise made 

available pursuant to titles III through VI of this Act shall be 

obligated or expended to finance directly any assistance or reparations for the governments of Cuba, North Korea, Iran, or Syria: 

Provided, That for purposes of this section, the prohibition on 

obligations or expenditures shall include direct loans, credits, insurance, and guarantees of the Export-Import Bank or its agents. 

COUPS D’E ́TAT

SEC. 7008. None of the funds appropriated or otherwise made 

available pursuant to titles III through VI of this Act shall be 

obligated or expended to finance directly any assistance to the 

government of any country whose duly elected head of government 

is deposed by military coup d’e ́tat or decree or, after the date 

of enactment of this Act, a coup d’e ́tat or decree in which the 

military plays a decisive role: Provided, That assistance may be 

resumed to such government if the Secretary of State certifies 

and reports to the appropriate congressional committees that subsequent to the termination of assistance a democratically elected 

government has taken office: Provided further, That the provisions 

of this section shall not apply to assistance to promote democratic 

elections or public participation in democratic processes: Provided 


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further, That funds made available pursuant to the previous provisos shall be subject to the regular notification procedures of the 

Committees on Appropriations. 

TRANSFER AUTHORITY

SEC. 7009. (a) DEPARTMENT OF STATE AND BROADCASTING

BOARD OF GOVERNORS.— (1) Not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Department of 

State under title I of this Act may be transferred between, 

and merged with, such appropriations, but no such appropriation, except as otherwise specifically provided, shall be 

increased by more than 10 percent by any such transfers, 

and no such transfer may be made to increase the appropriation 

under the heading ‘‘Representation Expenses’’. 

(2) Not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Broadcasting Board 

of Governors under title I of this Act may be transferred 

between, and merged with, such appropriations, but no such 

appropriation, except as otherwise specifically provided, shall 

be increased by more than 10 percent by any such transfers. 

(3) Any transfer pursuant to this subsection shall be treated 

as a reprogramming of funds under section 7015 of this Act 

and shall not be available for obligation or expenditure except 

in compliance with the procedures set forth in that section. 

(b) TITLE VI TRANSFER AUTHORITIES.—Not to exceed 5 percent 

of any appropriation other than for administrative expenses made 

available for fiscal year 2016, for programs under title VI of this 

Act may be transferred between such appropriations for use for 

any of the purposes, programs, and activities for which the funds 

in such receiving account may be used, but no such appropriation, 

except as otherwise specifically provided, shall be increased by 

more than 25 percent by any such transfer: Provided, That the 

exercise of such authority shall be subject to the regular notification 

procedures of the Committees on Appropriations. 

(c) LIMITATION ON TRANSFERS BETWEEN AGENCIES.— 

(1) None of the funds made available under titles II through 

V of this Act may be transferred to any department, agency, 

or instrumentality of the United States Government, except 

pursuant to a transfer made by, or transfer authority provided 

in, this Act or any other appropriations Act. 

(2) Notwithstanding paragraph (1), in addition to transfers 

made by, or authorized elsewhere in, this Act, funds appropriated by this Act to carry out the purposes of the Foreign 

Assistance Act of 1961 may be allocated or transferred to agencies of the United States Government pursuant to the provisions 

of sections 109, 610, and 632 of the Foreign Assistance Act 

of 1961. 

(3) Any agreement entered into by the United States 

Agency for International Development (USAID) or the Department of State with any department, agency, or instrumentality 

of the United States Government pursuant to section 632(b) 

of the Foreign Assistance Act of 1961 valued in excess of 

$1,000,000 and any agreement made pursuant to section 632(a) 

of such Act, with funds appropriated by this Act and prior 

Acts making appropriations for the Department of State, foreign 


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operations, and related programs under the headings ‘‘Global 

Health Programs’’, ‘‘Development Assistance’’, ‘‘Economic Support Fund’’, and ‘‘Assistance for Europe, Eurasia and Central 

Asia’’ shall be subject to the regular notification procedures 

of the Committees on Appropriations: Provided, That the 

requirement in the previous sentence shall not apply to agreements entered into between USAID and the Department of 

State. 

(d) TRANSFERS BETWEEN ACCOUNTS.—None of the funds made 

available under titles II through V of this Act may be obligated 

under an appropriation account to which such funds were not 

appropriated, except for transfers specifically provided for in this 

Act, unless the President, not less than 5 days prior to the exercise 

of any authority contained in the Foreign Assistance Act of 1961 

to transfer funds, consults with and provides a written policy justification to the Committees on Appropriations. 

(e) AUDIT OF INTER-AGENCY TRANSFERS.—Any agreement for 

the transfer or allocation of funds appropriated by this Act, or 

prior Acts, entered into between the Department of State or USAID 

and another agency of the United States Government under the 

authority of section 632(a) of the Foreign Assistance Act of 1961 

or any comparable provision of law, shall expressly provide that 

the Inspector General (IG) for the agency receiving the transfer 

or allocation of such funds, or other entity with audit responsibility 

if the receiving agency does not have an IG, shall perform periodic 

program and financial audits of the use of such funds and report 

to the Department of State or USAID, as appropriate, upon completion of such audits: Provided, That such audits shall be transmitted 

to the Committees on Appropriations by the Department of State 

or USAID, as appropriate: Provided further, That funds transferred 

under such authority may be made available for the cost of such 

audits. 

(f) REPORT.—Not later than 90 days after enactment of this 

Act, the Secretary of State and the USAID Administrator shall 

each submit a report to the Committees on Appropriations detailing 

all transfers to another agency of the United States Government 

made pursuant to sections 632(a) and 632(b) of the Foreign Assistance Act of 1961 with funds provided in the Department of State, 

Foreign Operations, and Related Programs Appropriations Act, 2015 

(division J of Public Law 113–235) as of the date of enactment 

of this Act: Provided, That such reports shall include a list of 

each transfer made pursuant to such sections with the respective 

funding level, appropriation account, and the receiving agency. 

PROHIBITION ON FIRST-CLASS TRAVEL

SEC. 7010. None of the funds made available in this Act may 

be used for first-class travel by employees of agencies funded by 

this Act in contravention of sections 301–10.122 through 301–10.124 

of title 41, Code of Federal Regulations. 

AVAILABILITY OF FUNDS

SEC. 7011. No part of any appropriation contained in this 

Act shall remain available for obligation after the expiration of 

the current fiscal year unless expressly so provided in this Act: 

Provided, That funds appropriated for the purposes of chapters 

1 and 8 of part I, section 661, chapters 4, 5, 6, 8, and 9 of 


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part II of the Foreign Assistance Act of 1961, section 23 of the 

Arms Export Control Act, and funds provided under the headings 

‘‘Development Credit Authority’’ and ‘‘Assistance for Europe, Eurasia and Central Asia’’ shall remain available for an additional 

4 years from the date on which the availability of such funds 

would otherwise have expired, if such funds are initially obligated 

before the expiration of their respective periods of availability contained in this Act: Provided further, That notwithstanding any 

other provision of this Act, any funds made available for the purposes of chapter 1 of part I and chapter 4 of part II of the Foreign 

Assistance Act of 1961 which are allocated or obligated for cash 

disbursements in order to address balance of payments or economic 

policy reform objectives, shall remain available for an additional 

4 years from the date on which the availability of such funds 

would otherwise have expired, if such funds are initially allocated 

or obligated before the expiration of their respective periods of 

availability contained in this Act: Provided further, That the Secretary of State shall provide a report to the Committees on Appropriations not later than October 30, 2016, detailing by account 

and source year, the use of this authority during the previous 

fiscal year. 

LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

SEC. 7012. No part of any appropriation provided under titles 

III through VI in this Act shall be used to furnish assistance 

to the government of any country which is in default during a 

period in excess of 1 calendar year in payment to the United 

States of principal or interest on any loan made to the government 

of such country by the United States pursuant to a program for 

which funds are appropriated under this Act unless the President 

determines, following consultations with the Committees on Appropriations, that assistance for such country is in the national interest 

of the United States. 

PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE

SEC. 7013. (a) PROHIBITION ON TAXATION.—None of the funds 

appropriated under titles III through VI of this Act may be made 

available to provide assistance for a foreign country under a new 

bilateral agreement governing the terms and conditions under which 

such assistance is to be provided unless such agreement includes 

a provision stating that assistance provided by the United States 

shall be exempt from taxation, or reimbursed, by the foreign government, and the Secretary of State shall expeditiously seek to negotiate amendments to existing bilateral agreements, as necessary, 

to conform with this requirement. 

(b) REIMBURSEMENT OF FOREIGN TAXES.—An amount equivalent to 200 percent of the total taxes assessed during fiscal year 

2016 on funds appropriated by this Act by a foreign government 

or entity against United States assistance programs for which funds 

are appropriated by this Act, either directly or through grantees, 

contractors, and subcontractors shall be withheld from obligation 

from funds appropriated for assistance for fiscal year 2017 and 

allocated for the central government of such country and for the 

West Bank and Gaza program to the extent that the Secretary 

of State certifies and reports in writing to the Committees on 


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Appropriations, not later than September 30, 2017, that such taxes 

have not been reimbursed to the Government of the United States. 

(c) DE MINIMIS EXCEPTION.—Foreign taxes of a de minimis 

nature shall not be subject to the provisions of subsection (b). 

(d) REPROGRAMMING OF FUNDS.—Funds withheld from obligation for each country or entity pursuant to subsection (b) shall 

be reprogrammed for assistance for countries which do not assess 

taxes on United States assistance or which have an effective 

arrangement that is providing substantial reimbursement of such 

taxes, and that can reasonably accommodate such assistance in 

a programmatically responsible manner. 

(e) DETERMINATIONS.— (1) The provisions of this section shall not apply to any 

country or entity if the Secretary of State reports to the 

Committees on Appropriations that— 

(A) such country or entity does not assess taxes on 

United States assistance or has an effective arrangement 

that is providing substantial reimbursement of such taxes; 

or 

(B) the foreign policy interests of the United States 

outweigh the purpose of this section to ensure that United 

States assistance is not subject to taxation. 

(2) The Secretary of State shall consult with the Committees on Appropriations at least 15 days prior to exercising 

the authority of this subsection with regard to any country 

or entity. 

(f) IMPLEMENTATION.—The Secretary of State shall issue rules, 

regulations, or policy guidance, as appropriate, to implement the 

prohibition against the taxation of assistance contained in this 

section. 

(g) DEFINITIONS.—As used in this section— 

(1) the term ‘‘bilateral agreement’’ refers to a framework 

bilateral agreement between the Government of the United 

States and the government of the country receiving assistance 

that describes the privileges and immunities applicable to 

United States foreign assistance for such country generally, 

or an individual agreement between the Government of the 

United States and such government that describes, among other 

things, the treatment for tax purposes that will be accorded 

the United States assistance provided under that agreement; 

and 

(2) the term ‘‘taxes and taxation’’ shall include value added 

taxes and customs duties but shall not include individual 

income taxes assessed to local staff. 

(h) REPORT.—The Secretary of State, in consultation with the 

heads of other relevant departments or agencies, shall submit a 

report to the Committees on Appropriations, not later than 90 

days after the enactment of this Act, detailing steps taken by 

such departments or agencies to comply with the requirements 

of this section. 

RESERVATIONS OF FUNDS

SEC. 7014. (a) REPROGRAMMING.—Funds appropriated under 

titles III through VI of this Act which are specifically designated 

may be reprogrammed for other programs within the same account 

notwithstanding the designation if compliance with the designation 


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is made impossible by operation of any provision of this or any 

other Act: Provided, That any such reprogramming shall be subject 

to the regular notification procedures of the Committees on Appropriations: Provided further, That assistance that is reprogrammed 

pursuant to this subsection shall be made available under the 

same terms and conditions as originally provided. 

(b) EXTENSION OF AVAILABILITY.—In addition to the authority 

contained in subsection (a), the original period of availability of 

funds appropriated by this Act and administered by the Department 

of State or the United States Agency for International Development 

(USAID) that are specifically designated for particular programs 

or activities by this or any other Act may be extended for an 

additional fiscal year if the Secretary of State or the USAID 

Administrator, as appropriate, determines and reports promptly 

to the Committees on Appropriations that the termination of assistance to a country or a significant change in circumstances makes 

it unlikely that such designated funds can be obligated during 

the original period of availability: Provided, That such designated 

funds that continue to be available for an additional fiscal year 

shall be obligated only for the purpose of such designation. 

(c) OTHER ACTS.—Ceilings and specifically designated funding 

levels contained in this Act shall not be applicable to funds or 

authorities appropriated or otherwise made available by any subsequent Act unless such Act specifically so directs: Provided, That 

specifically designated funding levels or minimum funding requirements contained in any other Act shall not be applicable to funds 

appropriated by this Act. 

NOTIFICATION REQUIREMENTS

SEC. 7015. (a) NOTIFICATION OF CHANGES IN PROGRAMS, 

PROJECTS, AND ACTIVITIES.—None of the funds made available in 

titles I and II of this Act, or in prior appropriations Acts to the 

agencies and departments funded by this Act that remain available 

for obligation in fiscal year 2016, or provided from any accounts 

in the Treasury of the United States derived by the collection 

of fees or of currency reflows or other offsetting collections, or 

made available by transfer, to the agencies and departments funded 

by this Act, shall be available for obligation to— 

(1) create new programs; 

(2) eliminate a program, project, or activity; 

(3) close, suspend, open, or reopen a mission or post; 

(4) create, close, reorganize, or rename bureaus, centers, 

or offices; or 

(5) contract out or privatize any functions or activities 

presently performed by Federal employees; 

unless previously justified to the Committees on Appropriations 

or such Committees are notified 15 days in advance of such obligation. 

(b) NOTIFICATION OF REPROGRAMMING OF FUNDS.—None of the 

funds provided under titles I and II of this Act, or provided under 

previous appropriations Acts to the agency or department funded 

under titles I and II of this Act that remain available for obligation 

in fiscal year 2016, or provided from any accounts in the Treasury 

of the United States derived by the collection of fees available 

to the agency or department funded under title I of this Act, 


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shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming of funds in excess 

of $1,000,000 or 10 percent, whichever is less, that— 

(1) augments or changes existing programs, projects, or 

activities; 

(2) relocates an existing office or employees; 

(3) reduces by 10 percent funding for any existing program, 

project, or activity, or numbers of personnel by 10 percent 

as approved by Congress; or 

(4) results from any general savings, including savings 

from a reduction in personnel, which would result in a change 

in existing programs, activities, or projects as approved by 

Congress; 

unless the Committees on Appropriations are notified 15 days in 

advance of such reprogramming of funds. 

(c) NOTIFICATION REQUIREMENT.—None of the funds made 

available by this Act under the headings ‘‘Global Health Programs’’, 

‘‘Development Assistance’’, ‘‘International Organizations and Programs’’, ‘‘Trade and Development Agency’’, ‘‘International Narcotics 

Control and Law Enforcement’’, ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’, ‘‘Assistance for Europe, Eurasia and Central Asia’’, 

‘‘Peacekeeping Operations’’, ‘‘Nonproliferation, Anti-terrorism, 

Demining and Related Programs’’, ‘‘Millennium Challenge Corporation’’, ‘‘Foreign Military Financing Program’’, ‘‘International Military 

Education and Training’’, and ‘‘Peace Corps’’, shall be available 

for obligation for activities, programs, projects, type of materiel 

assistance, countries, or other operations not justified or in excess 

of the amount justified to the Committees on Appropriations for 

obligation under any of these specific headings unless the Committees on Appropriations are notified 15 days in advance: Provided, 

That the President shall not enter into any commitment of funds 

appropriated for the purposes of section 23 of the Arms Export 

Control Act for the provision of major defense equipment, other 

than conventional ammunition, or other major defense items defined 

to be aircraft, ships, missiles, or combat vehicles, not previously 

justified to Congress or 20 percent in excess of the quantities 

justified to Congress unless the Committees on Appropriations are 

notified 15 days in advance of such commitment: Provided further, 

That requirements of this subsection or any similar provision of 

this or any other Act shall not apply to any reprogramming for 

an activity, program, or project for which funds are appropriated 

under titles III through VI of this Act of less than 10 percent 

of the amount previously justified to Congress for obligation for 

such activity, program, or project for the current fiscal year: Provided further, That any notification submitted pursuant to subsection (f) of this section shall include information (if known on 

the date of transmittal of such notification) on the use of notwithstanding authority: Provided further, That if subsequent to the 

notification of assistance it becomes necessary to rely on notwithstanding authority, the Committees on Appropriations should be 

informed at the earliest opportunity and to the extent practicable. 

(d) NOTIFICATION OF TRANSFER OF FUNDS.—Notwithstanding 

any other provision of law, with the exception of funds transferred 

to, and merged with, funds appropriated under title I of this Act, 

funds transferred by the Department of Defense to the Department 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2743 

of State and the United States Agency for International Development for assistance for foreign countries and international organizations, and funds made available for programs previously authorized 

under section 1206 of the National Defense Authorization Act for 

Fiscal Year 2006 (Public Law 109–163) or section 2282 of title 

10, United States Code, shall be subject to the regular notification 

procedures of the Committees on Appropriations. 

(e) WAIVER.—The requirements of this section or any similar 

provision of this Act or any other Act, including any prior Act 

requiring notification in accordance with the regular notification 

procedures of the Committees on Appropriations, may be waived 

if failure to do so would pose a substantial risk to human health 

or welfare: Provided, That in case of any such waiver, notification 

to the Committees on Appropriations shall be provided as early 

as practicable, but in no event later than 3 days after taking 

the action to which such notification requirement was applicable, 

in the context of the circumstances necessitating such waiver: Provided further, That any notification provided pursuant to such 

a waiver shall contain an explanation of the emergency circumstances. 

(f) COUNTRY NOTIFICATION REQUIREMENTS.—None of the funds 

appropriated under titles III through VI of this Act may be obligated 

or expended for assistance for Afghanistan, Bahrain, Bolivia, 

Burma, Cambodia, Colombia, Cuba, Ecuador, Egypt, El Salvador, 

Ethiopia, Guatemala, Haiti, Honduras, Iran, Iraq, Lebanon, Libya, 

Mexico, Pakistan, the Russian Federation, Somalia, South Sudan, 

Sri Lanka, Sudan, Syria, Uzbekistan, Venezuela, Yemen, and 

Zimbabwe except as provided through the regular notification procedures of the Committees on Appropriations. 

(g) WITHHOLDING OF FUNDS.—Funds appropriated by this Act 

under titles III and IV that are withheld from obligation or otherwise not programmed as a result of application of a provision 

of law in this or any other Act shall, if reprogrammed, be subject 

to the regular notification procedures of the Committees on Appropriations. 

NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

SEC. 7016. Prior to providing excess Department of Defense 

articles in accordance with section 516(a) of the Foreign Assistance 

Act of 1961, the Department of Defense shall notify the Committees 

on Appropriations to the same extent and under the same conditions 

as other committees pursuant to subsection (f) of that section: 

Provided, That before issuing a letter of offer to sell excess defense 

articles under the Arms Export Control Act, the Department of 

Defense shall notify the Committees on Appropriations in accordance with the regular notification procedures of such Committees 

if such defense articles are significant military equipment (as 

defined in section 47(9) of the Arms Export Control Act) or are 

valued (in terms of original acquisition cost) at $7,000,000 or more, 

or if notification is required elsewhere in this Act for the use 

of appropriated funds for specific countries that would receive such 

excess defense articles: Provided further, That such Committees 

shall also be informed of the original acquisition cost of such defense 

articles. 


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LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL

ORGANIZATIONS AND PROGRAMS

SEC. 7017. Subject to the regular notification procedures of 

the Committees on Appropriations, funds appropriated under titles 

I and III through V of this Act, which are returned or not made 

available for organizations and programs because of the 

implementation of section 307(a) of the Foreign Assistance Act 

of 1961 or section 7048(a) of this Act, shall remain available for 

obligation until September 30, 2018: Provided, That the requirement 

to withhold funds for programs in Burma under section 307(a) 

of the Foreign Assistance Act of 1961 shall not apply to funds 

appropriated by this Act. 

PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY

STERILIZATION

SEC. 7018. None of the funds made available to carry out 

part I of the Foreign Assistance Act of 1961, as amended, may 

be used to pay for the performance of abortions as a method of 

family planning or to motivate or coerce any person to practice 

abortions. None of the funds made available to carry out part 

I of the Foreign Assistance Act of 1961, as amended, may be 

used to pay for the performance of involuntary sterilization as 

a method of family planning or to coerce or provide any financial 

incentive to any person to undergo sterilizations. None of the funds 

made available to carry out part I of the Foreign Assistance Act 

of 1961, as amended, may be used to pay for any biomedical research 

which relates in whole or in part, to methods of, or the performance 

of, abortions or involuntary sterilization as a means of family planning. None of the funds made available to carry out part I of 

the Foreign Assistance Act of 1961, as amended, may be obligated 

or expended for any country or organization if the President certifies 

that the use of these funds by any such country or organization 

would violate any of the above provisions related to abortions and 

involuntary sterilizations. 

ALLOCATIONS

SEC. 7019. (a) ALLOCATION TABLES.—Subject to subsection (b), 

funds appropriated by this Act under titles III through V shall 

be made available in the amounts specifically designated in the 

respective tables included in the explanatory statement described 

in section 4 (in the matter preceding division A of this Consolidated 

Act): Provided, That such designated amounts for foreign countries 

and international organizations shall serve as the amounts for 

such countries and international organizations transmitted to the 

Congress in the report required by section 653(a) of the Foreign 

Assistance Act of 1961 (FAA). 

(b) AUTHORIZED DEVIATIONS.—Unless otherwise provided for 

by this Act, the Secretary of State and the Administrator of the 

United States Agency for International Development, as applicable, 

may only deviate up to 5 percent from the amounts specifically 

designated in the respective tables included in the explanatory 

statement described in section 4 (in the matter preceding division 

A of this Consolidated Act): Provided, That such percentage may 

be exceeded only to respond to significant, exigent, or unforeseen 

events, or to address other exceptional circumstances directly 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2745 

related to the national interest: Provided further, That deviations 

pursuant to the previous proviso shall be subject to prior consultation with, and the regular notification procedures of, the Committees 

on Appropriations. 

(c) LIMITATION.—For specifically designated amounts that are 

included, pursuant to subsection (a), in the report required by 

section 653(a) of the FAA, no deviations authorized by subsection 

(b) may take place until submission of such report. 

REPRESENTATION AND ENTERTAINMENT EXPENSES

SEC. 7020. (a) USES OF FUNDS.—Each Federal department, 

agency, or entity funded in titles I or II of this Act, and the 

Department of the Treasury and independent agencies funded in 

titles III or VI of this Act, shall take steps to ensure that domestic 

and overseas representation and entertainment expenses further 

official agency business and United States foreign policy interests— 

(1) are primarily for fostering relations outside of the 

Executive Branch; 

(2) are principally for meals and events of a protocol nature; 

(3) are not for employee-only events; and 

(4) do not include activities that are substantially of a 

recreational character. 

(b) LIMITATIONS.—None of the funds appropriated or otherwise 

made available by this Act under the headings ‘‘International Military Education and Training’’ or ‘‘Foreign Military Financing Program’’ for Informational Program activities or under the headings 

‘‘Global Health Programs’’, ‘‘Development Assistance’’, ‘‘Economic 

Support Fund’’, and ‘‘Assistance for Europe, Eurasia and Central 

Asia’’ may be obligated or expended to pay for— 

(1) alcoholic beverages; or 

(2) entertainment expenses for activities that are substantially of a recreational character, including but not limited 

to entrance fees at sporting events, theatrical and musical 

productions, and amusement parks. 

PROHIBITION ON ASSISTANCE TO GOVERNMENTS SUPPORTING

INTERNATIONAL TERRORISM

SEC. 7021. (a) LETHAL MILITARY EQUIPMENT EXPORTS.— 

(1) PROHIBITION.—None of the funds appropriated or otherwise made available by titles III through VI of this Act may 

be made available to any foreign government which provides 

lethal military equipment to a country the government of which 

the Secretary of State has determined supports international 

terrorism for purposes of section 6(j) of the Export Administration Act of 1979 as continued in effect pursuant to the International Emergency Economic Powers Act: Provided, That the 

prohibition under this section with respect to a foreign government shall terminate 12 months after that government ceases 

to provide such military equipment: Provided further, That 

this section applies with respect to lethal military equipment 

provided under a contract entered into after October 1, 1997. 

(2) DETERMINATION.—Assistance restricted by paragraph 

(1) or any other similar provision of law, may be furnished 

if the President determines that to do so is important to the 

national interests of the United States. 


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(3) REPORT.—Whenever the President makes a determination pursuant to paragraph (2), the President shall submit 

to the Committees on Appropriations a report with respect 

to the furnishing of such assistance, including a detailed explanation of the assistance to be provided, the estimated dollar 

amount of such assistance, and an explanation of how the 

assistance furthers United States national interests. 

(b) BILATERAL ASSISTANCE.— (1) LIMITATIONS.—Funds appropriated for bilateral assistance in titles III through VI of this Act and funds appropriated 

under any such title in prior Acts making appropriations for 

the Department of State, foreign operations, and related programs, shall not be made available to any foreign government 

which the President determines— 

(A) grants sanctuary from prosecution to any individual 

or group which has committed an act of international terrorism; 

(B) otherwise supports international terrorism; or 

(C) is controlled by an organization designated as a 

terrorist organization under section 219 of the Immigration 

and Nationality Act. 

(2) WAIVER.—The President may waive the application of 

paragraph (1) to a government if the President determines 

that national security or humanitarian reasons justify such 

waiver: Provided, That the President shall publish each such 

waiver in the Federal Register and, at least 15 days before 

the waiver takes effect, shall notify the Committees on Appropriations of the waiver (including the justification for the 

waiver) in accordance with the regular notification procedures 

of the Committees on Appropriations. 

AUTHORIZATION REQUIREMENTS

SEC. 7022. Funds appropriated by this Act, except funds appropriated under the heading ‘‘Trade and Development Agency’’, may 

be obligated and expended notwithstanding section 10 of Public 

Law 91–672, section 15 of the State Department Basic Authorities 

Act of 1956, section 313 of the Foreign Relations Authorization 

Act, Fiscal Years 1994 and 1995 (Public Law 103–236), and section 

504(a)(1) of the National Security Act of 1947 (50 U.S.C. 3094(a)(1)). 

DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

SEC. 7023. For the purpose of titles II through VI of this 

Act ‘‘program, project, and activity’’ shall be defined at the appropriations Act account level and shall include all appropriations 

and authorizations Acts funding directives, ceilings, and limitations 

with the exception that for the following accounts: ‘‘Economic Support Fund’’ and ‘‘Foreign Military Financing Program’’, ‘‘program, 

project, and activity’’ shall also be considered to include country, 

regional, and central program level funding within each such 

account; and for the development assistance accounts of the United 

States Agency for International Development, ‘‘program, project, 

and activity’’ shall also be considered to include central, country, 

regional, and program level funding, either as— 

(1) justified to Congress; or 

(2) allocated by the Executive Branch in accordance with 

a report, to be provided to the Committees on Appropriations 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2747 

within 30 days of the enactment of this Act, as required by 

section 653(a) of the Foreign Assistance Act of 1961. 

AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION

AND UNITED STATES AFRICAN DEVELOPMENT FOUNDATION

SEC. 7024. Unless expressly provided to the contrary, provisions 

of this or any other Act, including provisions contained in prior 

Acts authorizing or making appropriations for the Department of 

State, foreign operations, and related programs, shall not be construed to prohibit activities authorized by or conducted under the 

Peace Corps Act, the Inter-American Foundation Act or the African 

Development Foundation Act: Provided, That prior to conducting 

activities in a country for which assistance is prohibited, the agency 

shall consult with the Committees on Appropriations and report 

to such Committees within 15 days of taking such action. 

COMMERCE, TRADE AND SURPLUS COMMODITIES

SEC. 7025. (a) WORLD MARKETS.—None of the funds appropriated or made available pursuant to titles III through VI of 

this Act for direct assistance and none of the funds otherwise 

made available to the Export-Import Bank and the Overseas Private 

Investment Corporation shall be obligated or expended to finance 

any loan, any assistance, or any other financial commitments for 

establishing or expanding production of any commodity for export 

by any country other than the United States, if the commodity 

is likely to be in surplus on world markets at the time the resulting 

productive capacity is expected to become operative and if the 

assistance will cause substantial injury to United States producers 

of the same, similar, or competing commodity: Provided, That such 

prohibition shall not apply to the Export-Import Bank if in the 

judgment of its Board of Directors the benefits to industry and 

employment in the United States are likely to outweigh the injury 

to United States producers of the same, similar, or competing 

commodity, and the Chairman of the Board so notifies the Committees on Appropriations: Provided further, That this subsection shall 

not prohibit— 

(1) activities in a country that is eligible for assistance 

from the International Development Association, is not eligible 

for assistance from the International Bank for Reconstruction 

and Development, and does not export on a consistent basis 

the agricultural commodity with respect to which assistance 

is furnished; or 

(2) activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a 

complex emergency. 

(b) EXPORTS.—None of the funds appropriated by this or any 

other Act to carry out chapter 1 of part I of the Foreign Assistance 

Act of 1961 shall be available for any testing or breeding feasibility 

study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or 

production in a foreign country of an agricultural commodity for 

export which would compete with a similar commodity grown or 

produced in the United States: Provided, That this subsection shall 

not prohibit— 

(1) activities designed to increase food security in developing countries where such activities will not have a significant 


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impact on the export of agricultural commodities of the United 

States; 

(2) research activities intended primarily to benefit United 

States producers; 

(3) activities in a country that is eligible for assistance 

from the International Development Association, is not eligible 

for assistance from the International Bank for Reconstruction 

and Development, and does not export on a consistent basis 

the agricultural commodity with respect to which assistance 

is furnished; or 

(4) activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a 

complex emergency. 

(c) INTERNATIONAL FINANCIAL INSTITUTIONS.—The Secretary of 

the Treasury shall instruct the United States executive directors 

of the international financial institutions, as defined in section 

7034(r)(3) of this Act, to use the voice and vote of the United 

States to oppose any assistance by such institutions, using funds 

appropriated or made available by this Act, for the production 

or extraction of any commodity or mineral for export, if it is in 

surplus on world markets and if the assistance will cause substantial injury to United States producers of the same, similar, or 

competing commodity. 

SEPARATE ACCOUNTS

SEC. 7026. (a) SEPARATE ACCOUNTS FOR LOCAL CURRENCIES.— 

(1) AGREEMENTS.—If assistance is furnished to the government of a foreign country under chapters 1 and 10 of part 

I or chapter 4 of part II of the Foreign Assistance Act of 

1961 under agreements which result in the generation of local 

currencies of that country, the Administrator of the United 

States Agency for International Development (USAID) shall— 

(A) require that local currencies be deposited in a 

separate account established by that government; 

(B) enter into an agreement with that government 

which sets forth— 

(i) the amount of the local currencies to be generated; and 

(ii) the terms and conditions under which the currencies so deposited may be utilized, consistent with 

this section; and 

(C) establish by agreement with that government the 

responsibilities of USAID and that government to monitor 

and account for deposits into and disbursements from the 

separate account. 

(2) USES OF LOCAL CURRENCIES.—As may be agreed upon 

with the foreign government, local currencies deposited in a 

separate account pursuant to subsection (a), or an equivalent 

amount of local currencies, shall be used only— 

(A) to carry out chapter 1 or 10 of part I or chapter 

4 of part II of the Foreign Assistance Act of 1961 (as 

the case may be), for such purposes as— 

(i) project and sector assistance activities; or 

(ii) debt and deficit financing; or 

(B) for the administrative requirements of the United 

States Government. 

22 USC 2362 

note. 

22 USC 262h 

note. 


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(3) PROGRAMMING ACCOUNTABILITY.—USAID shall take all 

necessary steps to ensure that the equivalent of the local currencies disbursed pursuant to subsection (a)(2)(A) from the 

separate account established pursuant to subsection (a)(1) are 

used for the purposes agreed upon pursuant to subsection (a)(2). 

(4) TERMINATION OF ASSISTANCE PROGRAMS.—Upon termination of assistance to a country under chapter 1 or 10 of 

part I or chapter 4 of part II of the Foreign Assistance Act 

of 1961 (as the case may be), any unencumbered balances 

of funds which remain in a separate account established pursuant to subsection (a) shall be disposed of for such purposes 

as may be agreed to by the government of that country and 

the United States Government. 

(5) REPORTING REQUIREMENT.—The USAID Administrator 

shall report on an annual basis as part of the justification 

documents submitted to the Committees on Appropriations on 

the use of local currencies for the administrative requirements 

of the United States Government as authorized in subsection 

(a)(2)(B), and such report shall include the amount of local 

currency (and United States dollar equivalent) used or to be 

used for such purpose in each applicable country. 

(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.— 

(1) IN GENERAL.—If assistance is made available to the 

government of a foreign country, under chapter 1 or 10 of 

part I or chapter 4 of part II of the Foreign Assistance Act 

of 1961, as cash transfer assistance or as nonproject sector 

assistance, that country shall be required to maintain such 

funds in a separate account and not commingle with any other 

funds. 

(2) APPLICABILITY OF OTHER PROVISIONS OF LAW.—Such 

funds may be obligated and expended notwithstanding provisions of law which are inconsistent with the nature of this 

assistance including provisions which are referenced in the 

Joint Explanatory Statement of the Committee of Conference 

accompanying House Joint Resolution 648 (House Report No. 

98–1159). 

(3) NOTIFICATION.—At least 15 days prior to obligating 

any such cash transfer or nonproject sector assistance, the 

President shall submit a notification through the regular 

notification procedures of the Committees on Appropriations, 

which shall include a detailed description of how the funds 

proposed to be made available will be used, with a discussion 

of the United States interests that will be served by the assistance (including, as appropriate, a description of the economic 

policy reforms that will be promoted by such assistance). 

(4) EXEMPTION.—Nonproject sector assistance funds may 

be exempt from the requirements of paragraph (1) only through 

the regular notification procedures of the Committees on Appropriations. 

ELIGIBILITY FOR ASSISTANCE

SEC. 7027. (a) ASSISTANCE THROUGH NONGOVERNMENTAL

ORGANIZATIONS.—Restrictions contained in this or any other Act 

with respect to assistance for a country shall not be construed 

to restrict assistance in support of programs of nongovernmental 

organizations from funds appropriated by this Act to carry out 


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the provisions of chapters 1, 10, 11, and 12 of part I and chapter 

4 of part II of the Foreign Assistance Act of 1961 and from funds 

appropriated under the heading ‘‘Assistance for Europe, Eurasia 

and Central Asia’’: Provided, That before using the authority of 

this subsection to furnish assistance in support of programs of 

nongovernmental organizations, the President shall notify the 

Committees on Appropriations pursuant to the regular notification 

procedures, including a description of the program to be assisted, 

the assistance to be provided, and the reasons for furnishing such 

assistance: Provided further, That nothing in this subsection shall 

be construed to alter any existing statutory prohibitions against 

abortion or involuntary sterilizations contained in this or any other 

Act. 

(b) PUBLIC LAW 480.—During fiscal year 2016, restrictions contained in this or any other Act with respect to assistance for 

a country shall not be construed to restrict assistance under the 

Food for Peace Act (Public Law 83–480): Provided, That none of 

the funds appropriated to carry out title I of such Act and made 

available pursuant to this subsection may be obligated or expended 

except as provided through the regular notification procedures of 

the Committees on Appropriations. 

(c) EXCEPTION.—This section shall not apply— 

(1) with respect to section 620A of the Foreign Assistance 

Act of 1961 or any comparable provision of law prohibiting 

assistance to countries that support international terrorism; 

or 

(2) with respect to section 116 of the Foreign Assistance 

Act of 1961 or any comparable provision of law prohibiting 

assistance to the government of a country that violates internationally recognized human rights. 

LOCAL COMPETITION

SEC. 7028. (a) REQUIREMENTS FOR EXCEPTIONS TO COMPETITION

FOR LOCAL ENTITIES.—Funds appropriated by this Act that are 

made available to the United States Agency for International 

Development (USAID) may only be made available for limited competitions through local entities if— 

(1) prior to the determination to limit competition to local 

entities, USAID has— 

(A) assessed the level of local capacity to effectively 

implement, manage, and account for programs included 

in such competition; and 

(B) documented the written results of the assessment 

and decisions made; and 

(2) prior to making an award after limiting competition 

to local entities— 

(A) each successful local entity has been determined 

to be responsible in accordance with USAID guidelines; 

and 

(B) effective monitoring and evaluation systems are 

in place to ensure that award funding is used for its 

intended purposes; and 

(3) no level of acceptable fraud is assumed. 

(b) REPORTING REQUIREMENT.—In addition to the requirements 

of subsection (a)(1), the USAID Administrator shall report, on an 

annual basis, to the appropriate congressional committees on all 


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awards subject to limited or no competition for local entities: Provided, That such report should be posted on the USAID Web site: 

Provided further, That the requirements of this subsection shall only apply to awards in excess of $3,000,000 and sole source awards 

to local entities in excess of $2,000,000. 

(c) EXTENSION OF PROCUREMENT AUTHORITY.—Section 7077 of 

the Department of State, Foreign Operations, and Related Programs 

Appropriations Act, 2012 (division I of Public Law 112–74) shall 

continue in effect during fiscal year 2016, as amended by the 

Department of State, Foreign Operations, and Related Programs 

Appropriations Act, 2014 (division K of Public Law 113–76). 

INTERNATIONAL FINANCIAL INSTITUTIONS

SEC. 7029. (a) EVALUATIONS AND REPORT.—The Secretary of 

the Treasury shall instruct the United States executive director 

of each international financial institution to seek to require that 

such institution adopts and implements a publicly available policy, 

including the strategic use of peer reviews and external experts, 

to conduct independent, in-depth evaluations of the effectiveness 

of at least 25 percent of all loans, grants, programs, and significant 

analytical non-lending activities in advancing the institution’s goals 

of reducing poverty and promoting equitable economic growth, consistent with relevant safeguards, to ensure that decisions to support 

such loans, grants, programs, and activities are based on accurate 

data and objective analysis: Provided, That not later than 180 

days after enactment of this Act, the Secretary shall submit a 

report to the Committees on Appropriations on steps taken by 

the United States executive directors and the international financial 

institutions consistent with this subsection. 

(b) SAFEGUARDS.—The Secretary of the Treasury shall instruct 

the United States Executive Director of the International Bank 

for Reconstruction and Development and the International Development Association to vote against any loan, grant, policy, or strategy 

if such institution has adopted and is implementing any social 

or environmental safeguard relevant to such loan, grant, policy, 

or strategy that provides less protection than World Bank safeguards in effect on September 30, 2015. 

(c) COMPENSATION.—None of the funds appropriated under title 

V of this Act may be made as payment to any international financial 

institution while the United States executive director to such 

institution is compensated by the institution at a rate which, 

together with whatever compensation such executive director 

receives from the United States, is in excess of the rate provided 

for an individual occupying a position at level IV of the Executive 

Schedule under section 5315 of title 5, United States Code, or 

while any alternate United States executive director to such institution is compensated by the institution at a rate in excess of the 

rate provided for an individual occupying a position at level V 

of the Executive Schedule under section 5316 of title 5, United 

States Code. 

(d) HUMAN RIGHTS.—The Secretary of the Treasury shall 

instruct the United States executive director of each international 

financial institution to seek to require that such institution conducts 

rigorous human rights due diligence and risk management, as 

appropriate, in connection with any loan, grant, policy, or strategy 

of such institution: Provided, That prior to voting on any such 


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loan, grant, policy, or strategy the executive director shall consult 

with the Assistant Secretary for Democracy, Human Rights, and 

Labor, Department of State, if the executive director has reason 

to believe that such loan, grant, policy, or strategy could result 

in forced displacement or other violation of human rights. 

(e) FRAUD AND CORRUPTION.—The Secretary of the Treasury 

shall instruct the United States executive director of each international financial institution to promote in loan, grant, and other 

financing agreements improvements in borrowing countries’ financial management and judicial capacity to investigate, prosecute, 

and punish fraud and corruption. 

(f) BENEFICIAL OWNERSHIP INFORMATION.—The Secretary of the 

Treasury shall instruct the United States executive director of 

each international financial institution to seek to require that such 

institution collects, verifies, and publishes, to the maximum extent 

practicable, beneficial ownership information (excluding proprietary 

information) for any corporation or limited liability company, other 

than a publicly listed company, that receives funds appropriated 

by this Act that are provided as payment to such institution: Provided, That not later than 180 days after enactment of this Act, 

the Secretary shall submit a report to the Committees on Appropriations on steps taken by the United States executive directors and 

the international financial institutions consistent with this subsection. 

(g) WHISTLEBLOWER PROTECTIONS.—The Secretary of the 

Treasury shall instruct the United States executive director of 

each international financial institution to seek to require that each 

such institution is effectively implementing and enforcing policies 

and procedures which reflect best practices for the protection of 

whistleblowers from retaliation, including best practices for— 

(1) protection against retaliation for internal and lawful 

public disclosure; 

(2) legal burdens of proof; 

(3) statutes of limitation for reporting retaliation; 

(4) access to independent adjudicative bodies, including 

external arbitration; and 

(5) results that eliminate the effects of proven retaliation. 

DEBT-FOR-DEVELOPMENT

SEC. 7030. In order to enhance the continued participation 

of nongovernmental organizations in debt-for-development and debtfor-nature exchanges, a nongovernmental organization which is a 

grantee or contractor of the United States Agency for International 

Development may place in interest bearing accounts local currencies 

which accrue to that organization as a result of economic assistance 

provided under title III of this Act and, subject to the regular 

notification procedures of the Committees on Appropriations, any 

interest earned on such investment shall be used for the purpose 

for which the assistance was provided to that organization. 

FINANCIAL MANAGEMENT AND BUDGET TRANSPARENCY

SEC. 7031. (a) LIMITATION ON DIRECT GOVERNMENT-TO-GOVERNMENT ASSISTANCE.— 

(1) REQUIREMENTS.—Funds appropriated by this Act may 

be made available for direct government-to-government assistance only if— 


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(A)(i) each implementing agency or ministry to receive 

assistance has been assessed and is considered to have 

the systems required to manage such assistance and any 

identified vulnerabilities or weaknesses of such agency or 

ministry have been addressed; 

(ii) the recipient agency or ministry employs and utilizes staff with the necessary technical, financial, and 

management capabilities; 

(iii) the recipient agency or ministry has adopted 

competitive procurement policies and systems; 

(iv) effective monitoring and evaluation systems are 

in place to ensure that such assistance is used for its 

intended purposes; 

(v) no level of acceptable fraud is assumed; and 

(vi) the government of the recipient country is taking 

steps to publicly disclose on an annual basis its national 

budget, to include income and expenditures; 

(B) the recipient government is in compliance with 

the principles set forth in section 7013 of this Act; 

(C) the recipient agency or ministry is not headed 

or controlled by an organization designated as a foreign 

terrorist organization under section 219 of the Immigration 

and Nationality Act; 

(D) the Government of the United States and the 

government of the recipient country have agreed, in 

writing, on clear and achievable objectives for the use of 

such assistance, which should be made available on a costreimbursable basis; and 

(E) the recipient government is taking steps to protect 

the rights of civil society, including freedoms of expression, 

association, and assembly. 

(2) CONSULTATION AND NOTIFICATION.—In addition to the 

requirements in paragraph (1), no funds may be made available 

for direct government-to-government assistance without prior 

consultation with, and notification of, the Committees on Appropriations: Provided, That such notification shall contain an 

explanation of how the proposed activity meets the requirements of paragraph (1): Provided further, That the requirements of this paragraph shall only apply to direct governmentto-government assistance in excess of $10,000,000 and all funds 

available for cash transfer, budget support, and cash payments 

to individuals. 

(3) SUSPENSION OF ASSISTANCE.—The Administrator of the 

United States Agency for International Development (USAID) 

or the Secretary of State, as appropriate, shall suspend any 

direct government-to-government assistance if the Administrator or the Secretary has credible information of material 

misuse of such assistance, unless the Administrator or the 

Secretary reports to the Committees on Appropriations that 

it is in the national interest of the United States to continue 

such assistance, including a justification, or that such misuse 

has been appropriately addressed. 

(4) SUBMISSION OF INFORMATION.—The Secretary of State 

shall submit to the Committees on Appropriations, concurrent 

with the fiscal year 2017 congressional budget justification 


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materials, amounts planned for assistance described in paragraph (1) by country, proposed funding amount, source of funds, 

and type of assistance. 

(5) REPORT.—Not later than 90 days after the enactment 

of this Act and 6 months thereafter until September 30, 2016, 

the USAID Administrator shall submit to the Committees on 

Appropriations a report that— 

(A) details all assistance described in paragraph (1) 

provided during the previous 6-month period by country, 

funding amount, source of funds, and type of such assistance; and 

(B) the type of procurement instrument or mechanism 

utilized and whether the assistance was provided on a 

reimbursable basis. 

(6) DEBT SERVICE PAYMENT PROHIBITION.—None of the 

funds made available by this Act may be used for any foreign 

country for debt service payments owed by any country to 

any international financial institution: Provided, That for purposes of this paragraph, the term ‘‘international financial 

institution’’ has the meaning given the term in section 

7034(r)(3) of this Act. 

(b) NATIONAL BUDGET AND CONTRACT TRANSPARENCY.— 

(1) MINIMUM REQUIREMENTS OF FISCAL TRANSPARENCY.— 

The Secretary of State shall continue to update and strengthen 

the ‘‘minimum requirements of fiscal transparency’’ for each 

government receiving assistance appropriated by this Act, as 

identified in the report required by section 7031(b) of the 

Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113– 

76). 

(2) DEFINITION.—For purposes of paragraph (1), ‘‘minimum 

requirements of fiscal transparency’’ are requirements consistent with those in subsection (a)(1), and the public disclosure 

of national budget documentation (to include receipts and 

expenditures by ministry) and government contracts and 

licenses for natural resource extraction (to include bidding and 

concession allocation practices). 

(3) DETERMINATION AND REPORT.—For each government 

identified pursuant to paragraph (1), the Secretary of State, 

not later than 180 days after enactment of this Act, shall 

make or update any determination of ‘‘significant progress’’ 

or ‘‘no significant progress’’ in meeting the minimum requirements of fiscal transparency, and make such determinations 

publicly available in an annual ‘‘Fiscal Transparency Report’’ 

to be posted on the Department of State Web site: Provided, 

That the Secretary shall identify the significant progress made 

by each such government to publicly disclose national budget 

documentation, contracts, and licenses which are additional 

to such information disclosed in previous fiscal years, and 

include specific recommendations of short- and long-term steps 

such government should take to improve fiscal transparency: 

Provided further, That the annual report shall include a 

detailed description of how funds appropriated by this Act 

are being used to improve fiscal transparency, and identify 

benchmarks for measuring progress. 

(4) ASSISTANCE.—Funds appropriated under title III of this 

Act shall be made available for programs and activities to 


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assist governments identified pursuant to paragraph (1) to 

improve budget transparency and to support civil society 

organizations in such countries that promote budget transparency: Provided, That such sums shall be in addition to 

funds otherwise made available for such purposes: Provided 

further, That a description of the uses of such funds shall 

be included in the annual ‘‘Fiscal Transparency Report’’ 

required by paragraph (3). 

(c) ANTI-KLEPTOCRACY AND HUMAN RIGHTS.— (1)(A) INELIGIBILITY.—Officials of foreign governments and 

their immediate family members about whom the Secretary 

of State has credible information have been involved in significant corruption, including corruption related to the extraction 

of natural resources, or a gross violation of human rights shall 

be ineligible for entry into the United States. 

(B) The Secretary may also publicly or privately designate 

or identify officials of foreign governments and their immediate 

family members about whom the Secretary has such credible 

information without regard to whether the individual has 

applied for a visa. 

(2) EXCEPTION.—Individuals shall not be ineligible if entry 

into the United States would further important United States 

law enforcement objectives or is necessary to permit the United 

States to fulfill its obligations under the United Nations Headquarters Agreement: Provided, That nothing in paragraph (1) 

shall be construed to derogate from United States Government 

obligations under applicable international agreements. 

(3) WAIVER.—The Secretary may waive the application of 

paragraph (1) if the Secretary determines that the waiver would 

serve a compelling national interest or that the circumstances 

which caused the individual to be ineligible have changed sufficiently. 

(4) REPORT.—Not later than 6 months after enactment 

of this Act, the Secretary of State shall submit a report, 

including a classified annex if necessary, to the Committees 

on Appropriations and the Committees on the Judiciary 

describing the information related to corruption or violation 

of human rights concerning each of the individuals found ineligible in the previous 12 months pursuant to paragraph (1)(A) 

as well as the individuals who the Secretary designated or 

identified pursuant to paragraph (1)(B), or who would be ineligible but for the application of paragraph (2), a list of any 

waivers provided under paragraph (3), and the justification 

for each waiver. 

(5) POSTING OF REPORT.—Any unclassified portion of the 

report required under paragraph (4) shall be posted on the 

Department of State Web site. 

(6) CLARIFICATION.—For purposes of paragraphs (1)(B), (4), 

and (5), the records of the Department of State and of diplomatic and consular offices of the United States pertaining to 

the issuance or refusal of visas or permits to enter the United 

States shall not be considered confidential. 

(d) EXTRACTION OF NATURAL RESOURCES.— 

(1) ASSISTANCE.—Funds appropriated by this Act shall be 

made available to promote and support transparency and 

accountability of expenditures and revenues related to the 

extraction of natural resources, including by strengthening 

8 USC 1182 note. 


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implementation and monitoring of the Extractive Industries 

Transparency Initiative, implementing and enforcing section 

8204 of the Food, Conservation, and Energy Act of 2008 (Public 

Law 110–246; 122 Stat. 2052) and to prevent the sale of conflict 

diamonds, and provide technical assistance to promote independent audit mechanisms and support civil society participation in natural resource management. 

(2) UNITED STATES POLICY.— 

(A) The Secretary of the Treasury shall inform the 

management of the international financial institutions, and 

post on the Department of the Treasury Web site, that 

it is the policy of the United States to vote against any 

assistance by such institutions (including any loan, credit, 

grant, or guarantee) to any country for the extraction and 

export of a natural resource if the government of such 

country has in place laws, regulations, or procedures to 

prevent or limit the public disclosure of company payments 

as required by United States law, and unless such government has adopted laws, regulations, or procedures in the 

sector in which assistance is being considered for— 

(i) accurately accounting for and public disclosure 

of payments to the host government by companies 

involved in the extraction and export of natural 

resources; 

(ii) the independent auditing of accounts receiving 

such payments and public disclosure of the findings 

of such audits; and 

(iii) public disclosure of such documents as Host 

Government Agreements, Concession Agreements, and 

bidding documents, allowing in any such dissemination 

or disclosure for the redaction of, or exceptions for, 

information that is commercially proprietary or that 

would create competitive disadvantage. 

(B) The requirements of subparagraph (A) shall not 

apply to assistance for the purpose of building the capacity 

of such government to meet the requirements of this 

subparagraph. 

(e) FOREIGN ASSISTANCE WEB SITE.—Funds appropriated by 

this Act under titles I and II, and funds made available for any 

independent agency in title III, as appropriate, shall be made available to support the provision of additional information on United 

States Government foreign assistance on the Department of State 

foreign assistance Web site: Provided, That all Federal agencies 

funded under this Act shall provide such information on foreign 

assistance, upon request, to the Department of State. 

DEMOCRACY PROGRAMS

SEC. 7032. (a) FUNDING.— 

(1) Of the funds appropriated by this Act, not less than 

$2,308,517,000 shall be made available for democracy programs. 

(2) Of the funds appropriated by this Act under the heading 

‘‘Economic Support Fund’’, not less than $32,000,000 shall be 

made available for the Near East Regional Democracy program. 

(b) AUTHORITY.—Funds made available by this Act for democracy programs may be made available notwithstanding any other 


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provision of law, and with regard to the National Endowment 

for Democracy (NED), any regulation. 

(c) DEFINITION OF DEMOCRACY PROGRAMS.—For purposes of 

funds appropriated by this Act, the term ‘‘democracy programs’’ 

means programs that support good governance, credible and 

competitive elections, freedom of expression, association, assembly, 

and religion, human rights, labor rights, independent media, and 

the rule of law, and that otherwise strengthen the capacity of 

democratic political parties, governments, nongovernmental 

organizations and institutions, and citizens to support the development of democratic states, and institutions that are responsive 

and accountable to citizens. 

(d) PROGRAM PRIORITIZATION.—Funds made available pursuant 

to this section that are made available for programs to strengthen 

government institutions shall be prioritized for those institutions 

that demonstrate a commitment to democracy and the rule of law, 

as determined by the Secretary of State or the Administrator of 

the United States Agency for International Development (USAID), 

as appropriate. 

(e) RESTRICTION ON PRIOR APPROVAL.—With respect to the 

provision of assistance for democracy programs in this Act, the 

organizations implementing such assistance, the specific nature 

of that assistance, and the participants in such programs shall 

not be subject to the prior approval by the government of any 

foreign country: Provided, That the Secretary of State, in coordination with the USAID Administrator, shall report to the Committees 

on Appropriations, not later than 120 days after enactment of 

this Act, detailing steps taken by the Department of State and 

USAID to comply with the requirements of this subsection. 

(f) PROGRAM DESIGN AND IMPLEMENTATION.— 

(1) CLARIFICATION OF USE.—Not later than 90 days after 

enactment of this Act, the Secretary of State and USAID 

Administrator, following consultation with democracy program 

implementing partners, shall each establish guidelines for clarifying program design and objectives for democracy programs, 

including the uses of contracts versus grants and cooperative 

agreements in the conduct of democracy programs carried out 

with funds appropriated by this Act: Provided, That such guidelines, which shall be made available to all relevant agency 

personnel, shall be in accordance with— 

(A) the Quadrennial Diplomacy and Development 

Review, 2015, regarding the objectives of promoting resilient, open, and democratic societies; 

(B) the ADVANCE Democracy Act of 2007 (title XXI 

of Public Law 110–53; 22 U.S.C. 8201 et seq.), including 

the foreign policy objectives contained therein; and 

(C) sections 6303 through 6305 of title 31, United 

States Code, regarding the selection of contracts and assistance instruments. 

(2) CONTINUATION OF CURRENT PRACTICES.—USAID shall 

continue to implement civil society and political competition 

and consensus building programs abroad with funds appropriated by this Act in a manner that recognizes the unique 

benefits of grants and cooperative agreements in implementing 

such programs: Provided, That nothing in this paragraph shall 

be construed to affect the ability of any entity, including United 

States small businesses, from competing for proposals for 


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USAID-funded civil society and political competition and consensus building programs. 

(3) REPORT.—Not later than September 30, 2017, the Secretary of State and USAID Administrator shall each submit 

to the Committees on Appropriations a report detailing the 

use of contracts, grants, and cooperative agreements in the 

conduct of democracy programs with funds made available by 

the Department of State, Foreign Operations, and Related Programs Act, 2015 (division J of Public Law 113–235), which 

shall include funding level, account, program sector and subsector, and a brief summary of purpose. 

(g) STRATEGIC REVIEWS AND REPORT.— (1) COUNTRY STRATEGIES.—Prior to the obligation of funds 

made available by this Act for Department of State and USAID 

democracy programs for a nondemocratic or democratic 

transitioning country for which a country strategy has been 

concluded after the date of enactment of this Act, as required 

by section 2111(c)(1) of the ADVANCE Democracy Act of 2007 

(title XXI of Public Law 110–53; 22 U.S.C. 8211) or similar 

provision of law or regulation, the Under Secretary for Civilian 

Security, Democracy and Human Rights, Department of State, 

in consultation with the Assistant Secretary for Democracy, 

Human Rights, and Labor, Department of State, and the Assistant Administrator for Democracy, Conflict, and Humanitarian 

Assistance, USAID, shall review such strategy to ensure that 

it includes— 

(A) specific goals and objectives for such program, 

including a specific plan and timeline to measure impacts; 

(B) an assessment of the risks associated with the 

conduct of such program to intended beneficiaries and 

implementers, including steps to support and protect such 

individuals; and 

(C) the funding requirements to initiate and sustain 

such program in fiscal year 2016 and subsequent fiscal 

years, as appropriate: 

Provided, That for the purposes of this paragraph, the term 

‘‘nondemocratic or democratic transitioning country’’ shall have 

the same meaning as in section 2104(6) of Public Law 110– 

53. 

(2) REPORT.—Not later than September 30, 2016, the Secretary of State, in consultation with the USAID Administrator, 

shall submit a report, including a classified annex if necessary, 

to the appropriate congressional committees detailing the methodology and guidelines established and implemented by the 

Department of State and USAID, respectively, to carry out 

the requirements of this subsection: Provided, That such report 

shall also include an analysis of the political and social conditions in a nondemocratic or democratic transitioning country 

that are a prerequisite for the conduct of democracy programs. 

(h) CONSULTATION AND COMMUNICATION REQUIREMENTS.— 

(1) COUNTRY ALLOCATIONS.—The Deputy Secretary for 

Management and Resources, Department of State, shall consult 

with the Under Secretary for Civilian Security, Democracy 

and Human Rights, Department of State, and the Assistant 

Administrator for Democracy, Conflict, and Humanitarian 

Assistance, USAID, on the proposed funding levels for democracy programs by country in the report submitted to Congress 


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pursuant to section 653(a) of the Foreign Assistance Act of 

1961. 

(2) INFORMING THE NATIONAL ENDOWMENT FOR DEMOCRACY.—The Assistant Secretary for Democracy, Human Rights, 

and Labor, Department of State, and the Assistant Administrator for Democracy, Conflict, and Humanitarian Assistance, 

USAID, shall regularly inform the National Endowment for 

Democracy of democracy programs that are planned and supported by funds made available by this Act and prior Acts 

making appropriations for the Department of State, foreign 

operations, and related programs. 

(3) REPORT ON PROGRAM CHANGES.—The Secretary of State 

or the USAID Administrator, as appropriate, shall report to 

the Committees on Appropriations within 30 days of a decision 

to significantly change the objectives or the content of a democracy program or to close such a program due to the increasingly 

repressive nature of the host country government: Provided, That the report shall also include a strategy for continuing 

support for democracy promotion, if such programming is feasible, and may be submitted in classified form, if necessary. 

INTERNATIONAL RELIGIOUS FREEDOM

SEC. 7033. (a) INTERNATIONAL RELIGIOUS FREEDOM OFFICE AND

SPECIAL ENVOY TO PROMOTE RELIGIOUS FREEDOM.—Funds appropriated by this Act under the heading ‘‘Diplomatic and Consular 

Programs’’ shall be made available for the Office of the Ambassadorat-Large for International Religious Freedom and the Special Envoy 

to Promote Religious Freedom of Religious Minorities in the Near 

East and South Central Asia, as authorized in the Near East 

and South Central Asia Religious Freedom Act of 2014 (Public 

Law 113-161), and including for support staff, at not less than 

the amounts contained for such Office and Envoy in the table 

under such heading in the explanatory statement described in section 4 (in the matter preceding division A of this Consolidated 

Act). 

(b) ASSISTANCE.— 

(1) INTERNATIONAL RELIGIOUS FREEDOM PROGRAMS.—Of the 

funds appropriated by this Act under the heading ‘‘Democracy 

Fund’’ and available for the Human Rights and Democracy 

Fund (HRDF), not less than $10,000,000 shall be made available for international religious freedom programs: Provided, 

That the Ambassador-at-Large for International Religious 

Freedom shall consult with the Committees on Appropriations 

on the uses of such funds. 

(2) PROTECTION AND INVESTIGATION PROGRAMS.—Funds 

appropriated by this Act under the heading ‘‘Economic Support 

Fund’’ shall be made available for programs to protect vulnerable and persecuted religious minorities: Provided, That a portion of such funds shall be made available for programs to 

investigate the persecution of such minorities by governments 

and non-state actors and for the public dissemination of 

information collected on such persecution, including on the 

Department of State Web site. 

(3) HUMANITARIAN PROGRAMS.—Funds appropriated by this 

Act under the headings ‘‘International Disaster Assistance’’ and 

‘‘Migration and Refugee Assistance’’ shall be made available 


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for humanitarian assistance for vulnerable and persecuted religious minorities. 

(4) RESPONSIBILITY OF FUNDS.—Funds made available by 

paragraphs (1) and (2) shall be the responsibility of the Ambassador-at-Large for International Religious Freedom, in consultation with other relevant United States Government officials. 

(c) INTERNATIONAL BROADCASTING.—Funds appropriated by this 

Act under the heading ‘‘Broadcasting Board of Governors, International Broadcasting Operations’’ shall be made available for programs related to international religious freedom, including reporting 

on the condition of vulnerable and persecuted religious groups. 

(d) ATROCITIES PREVENTION.—Not later than 90 days after 

enactment of this Act, the Secretary of State, after consultation 

with the heads of other United States Government agencies represented on the Atrocities Prevention Board (APB) and representatives of human rights organizations, as appropriate, shall submit 

to the appropriate congressional committees an evaluation of the 

persecution of, including attacks against, Christians and people 

of other religions in the Middle East by violent Islamic extremists 

and the Muslim Rohingya people in Burma by violent Buddhist 

extremists, including whether either situation constitutes mass 

atrocities or genocide (as defined in section 1091 of title 18, United 

States Code), and a detailed description of any proposed atrocities 

prevention response recommended by the APB: Provided, That such 

evaluation and response may include a classified annex, if necessary. 

(e) DESIGNATION OF NON-STATE ACTORS.—The President shall, 

concurrent with the annual foreign country review required by 

section 402(b)(1) of the International Religious Freedom Act of 

1998 (22 U.S.C. 6442(b)(1)), review and identify any non-state actors 

in such countries that have engaged in particularly severe violations 

of religious freedom, and designate, in a manner consistent with 

such Act, each such group as a non-state actor of particular concern 

for religious freedom operating in such reviewed country or surrounding region: Provided, That whenever the President designates 

such a non-state actor under this subsection, the President shall, 

as soon as practicable after the designation is made, submit a 

report to the appropriate congressional committees detailing the 

reasons for such designation. 

(f) REPORT.—Not later than September 30, 2016, the Secretary 

of State, in consultation with the Chairman of the Broadcasting 

Board of Governors and the Administrator of the United States 

Agency for International Development, shall submit a report, 

including a classified annex if necessary, to the appropriate congressional committees detailing, by account, agency, and on a countryby-country basis, funds made available by this Act and prior Acts 

making appropriations for the Department of State, foreign operations, and related programs for the previous 2 fiscal years for 

international religious freedom programs; protection and investigation programs regarding vulnerable and persecuted religious minorities; humanitarian and relief assistance for such minorities; and 

international broadcasting regarding religious freedom. 

SPECIAL PROVISIONS

SEC. 7034. (a) VICTIMS OF WAR, DISPLACED CHILDREN, AND

DISPLACED BURMESE.—Funds appropriated in titles III and VI of 


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this Act that are made available for victims of war, displaced 

children, displaced Burmese, and to combat trafficking in persons 

and assist victims of such trafficking, may be made available notwithstanding any other provision of law. 

(b) LAW ENFORCEMENT AND SECURITY.— (1) CHILD SOLDIERS.—Funds appropriated by this Act 

should not be used to support any military training or operations that include child soldiers. 

(2) CROWD CONTROL ITEMS.—Funds appropriated by this 

Act should not be used for tear gas, small arms, light weapons, 

ammunition, or other items for crowd control purposes for 

foreign security forces that use excessive force to repress peaceful expression, association, or assembly in countries undergoing 

democratic transition. 

(3) DISARMAMENT, DEMOBILIZATION, AND REINTEGRATION.— Section 7034(d) of the Department of State, Foreign Operations, 

and Related Programs Appropriations Act, 2015 (division J 

of Public Law 113–235) shall continue in effect during fiscal 

year 2016 as if part of this Act. 

(4) FORENSIC ASSISTANCE.— 

(A) Of the funds appropriated by this Act under the 

heading ‘‘Economic Support Fund’’, not less than $4,000,000 

shall be made available for forensic anthropology assistance 

related to the exhumation of mass graves and the identification of victims of war crimes and crimes against 

humanity, of which not less than $3,000,000 should be 

made available for such assistance in Guatemala, Peru, 

Colombia, Iraq, and Sri Lanka, which shall be administered 

by the Assistant Secretary for Democracy, Human Rights, 

and Labor, Department of State. 

(B) Of the funds appropriated by this Act under the 

heading ‘‘International Narcotics Control and Law Enforcement’’, not less than $4,000,000 shall be made available 

for DNA forensic technology programs to combat human 

trafficking in Central America. 

(5) INTERNATIONAL PRISON CONDITIONS.—Section 7065 of 

the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113– 

235) shall continue in effect during fiscal year 2016 as if part 

of this Act. 

(6) RECONSTITUTING CIVILIAN POLICE AUTHORITY.—In providing assistance with funds appropriated by this Act under 

section 660(b)(6) of the Foreign Assistance Act of 1961, support 

for a nation emerging from instability may be deemed to mean 

support for regional, district, municipal, or other sub-national 

entity emerging from instability, as well as a nation emerging 

from instability. 

(7) SECURITY ASSISTANCE REPORT.—Not later than 120 days 

after enactment of this Act, the Secretary of State shall submit 

to the Committees on Appropriations a report on funds obligated and expended during fiscal year 2015, by country and 

purpose of assistance, under the headings ‘‘Peacekeeping Operations’’, ‘‘International Military Education and Training’’, and 

‘‘Foreign Military Financing Program’’. 

(8) LEAHY VETTING REPORT.— (A) Not later than 90 days after enactment of this 

Act, the Secretary of State shall submit a report to the 


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appropriate congressional committees on foreign assistance 

cases submitted for vetting for purposes of section 620M 

of the Foreign Assistance Act of 1961 during the preceding 

fiscal year, including: 

(i) the total number of cases submitted, approved, 

suspended, or rejected for human rights reasons; and 

(ii) for cases rejected, a description of the steps 

taken to assist the foreign government in taking effective measures to bring the responsible members of 

the security forces to justice, in accordance with section 

620M(c) of the Foreign Assistance Act of 1961. 

(B) The report required by this paragraph shall be 

submitted in unclassified form, but may be accompanied 

by a classified annex. 

(9) ANNUAL FOREIGN MILITARY TRAINING REPORT.—For the 

purposes of implementing section 656 of the Foreign Assistance 

Act of 1961, the term ‘‘military training provided to foreign 

military personnel by the Department of Defense and the 

Department of State’’ shall be deemed to include all military 

training provided by foreign governments with funds appropriated to the Department of Defense or the Department of 

State, except for training provided by the government of a 

country designated by section 517(b) of such Act as a major 

non-NATO ally. 

(c) WORLD FOOD PROGRAMME.—Funds managed by the Bureau 

for Democracy, Conflict, and Humanitarian Assistance, United 

States Agency for International Development (USAID), from this 

or any other Act, may be made available as a general contribution 

to the World Food Programme, notwithstanding any other provision 

of law. 

(d) DIRECTIVES AND AUTHORITIES.— 

(1) RESEARCH AND TRAINING.—Funds appropriated by this 

Act under the heading ‘‘Assistance for Europe, Eurasia and 

Central Asia’’ shall be made available to carry out the Program 

for Research and Training on Eastern Europe and the Independent States of the Former Soviet Union as authorized by 

the Soviet-Eastern European Research and Training Act of 

1983 (22 U.S.C. 4501 et seq.). 

(2) GENOCIDE VICTIMS MEMORIAL SITES.—Funds appropriated by this Act and prior Acts making appropriations for 

the Department of State, foreign operations, and related programs under the headings ‘‘Economic Support Fund’’ and 

‘‘Assistance for Europe, Eurasia and Central Asia’’ may be 

made available as contributions to establish and maintain 

memorial sites of genocide, subject to the regular notification 

procedures of the Committees on Appropriations. 

(3) ADDITIONAL AUTHORITIES.—Of the amounts made available by title I of this Act under the heading ‘‘Diplomatic and 

Consular Programs’’, up to $500,000 may be made available 

for grants pursuant to section 504 of Public Law 95–426 (22 

U.S.C. 2656d), including to facilitate collaboration with indigenous communities. 

(4) EXTENSION OF LEGAL PROTECTION.—No conviction issued 

by the Cairo Criminal Court on June 4, 2013, in ‘‘Public 

Prosecution Case No. 1110 for the Year 2012’’, against a citizen 

or national of the United States or an alien lawfully admitted 


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for permanent residence in the United States, shall be considered a conviction for the purposes of United States law or 

for any activity undertaken within the jurisdiction of the United 

States during fiscal year 2016 and any fiscal year thereafter. 

(5) MODIFICATION OF LIFE INSURANCE SUPPLEMENTAL

APPLICABLE TO THOSE KILLED IN TERRORIST ATTACKS.— 

(A) Section 415(a)(1) of the Foreign Service Act of 

1980 (22 U.S.C. 3975(a)(1)) is amended by striking ‘‘a payment from the United States in an amount that, when 

added to the amount of the employee’s employer-provided 

group life insurance policy coverage (if any), equals 

$400,000’’ and inserting ‘‘a special payment of $400,000, 

which shall be in addition to any employer provided life 

insurance policy coverage’’. 

(B) The insurance benefit under section 415 of the 

Foreign Service Act of 1980 (22 U.S.C. 3975), as amended 

by subparagraph (A), shall be applicable to eligible 

employees who die as a result of injuries sustained while 

on duty abroad because of an act of terrorism, as defined 

in section 140(d) of the Foreign Relations Authorization 

Act, Fiscal Years 1998 and 1999 (22 U.S.C. 2656f(d)), anytime on or after April 18, 1983. 

(6) AUTHORITY.—The Administrator of the United States 

Agency for International Development may use funds appropriated by this Act under title III to make innovation incentive 

awards: Provided, That each individual award may not exceed 

$100,000: Provided further, That no more than 10 such awards 

may be made during fiscal year 2016: Provided further, That 

for purposes of this paragraph the term ‘‘innovation incentive 

award’’ means the provision of funding on a competitive basis 

that— 

(A) encourages and rewards the development of solutions for a particular, well-defined problem related to the 

alleviation of poverty; or 

(B) helps identify and promote a broad range of ideas 

and practices facilitating further development of an idea 

or practice by third parties. 

(e) PARTNER VETTING.—Funds appropriated by this Act or in 

titles I through IV of prior Acts making appropriations for the 

Department of State, foreign operations, and related programs shall 

be used by the Secretary of State and the USAID Administrator, 

as appropriate, to support the continued implementation of the 

Partner Vetting System (PVS) pilot program: Provided, That the 

Secretary of State and the USAID Administrator shall inform the 

Committees on Appropriations, at least 30 days prior to completion 

of the pilot program, on the criteria for evaluating such program, 

including for possible expansion: Provided further, That not later 

than 180 days after completion of the pilot program, the Secretary 

and USAID Administrator shall jointly submit a report to the 

Committees on Appropriations, in classified form if necessary, 

detailing the findings, conclusions, and any recommendations for 

expansion of such program: Provided further, That not less than 

30 days prior to the implementation of any recommendations for 

expanding the PVS pilot program the Secretary of State and USAID 

Administrator shall consult with the Committees on Appropriations 

and with representatives of agency implementing partners on the 

22 USC 3975 

note. 


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129 STAT. 2764 PUBLIC LAW 114–113—DEC. 18, 2015 

findings, conclusions, and recommendations in such report, as 

appropriate. 

(f) CONTINGENCIES.—During fiscal year 2016, the President 

may use up to $125,000,000 under the authority of section 451 

of the Foreign Assistance Act of 1961, notwithstanding any other 

provision of law. 

(g) INTERNATIONAL CHILD ABDUCTIONS.—The Secretary of State 

should withhold funds appropriated under title III of this Act for 

assistance for the central government of any country that is not 

taking appropriate steps to comply with the Convention on the 

Civil Aspects of International Child Abductions, done at the Hague 

on October 25, 1980: Provided, That the Secretary shall report 

to the Committees on Appropriations within 15 days of withholding 

funds under this subsection. 

(h) REPORT REPEALED.—Section 616(c) of the Departments of 

Commerce, Justice, and State, the Judiciary, and Related Agencies 

Appropriations Act, 1999 (division A of Public Law 105–277) is 

hereby repealed. 

(i) TRANSFERS FOR EXTRAORDINARY PROTECTION.—The Secretary of State may transfer to, and merge with, funds under 

the heading ‘‘Protection of Foreign Missions and Officials’’ unobligated balances of expired funds appropriated under the heading 

‘‘Diplomatic and Consular Programs’’ for fiscal year 2016, except 

for funds designated for Overseas Contingency Operations/Global 

War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985, at no 

later than the end of the fifth fiscal year after the last fiscal 

year for which such funds are available for the purposes for which 

appropriated: Provided, That not more than $50,000,000 may be 

transferred. 

(j) PROTECTIONS AND REMEDIES FOR EMPLOYEES OF DIPLOMATIC

MISSIONS AND INTERNATIONAL ORGANIZATIONS.—Section 7034(k) of 

the Department of State, Foreign Operations, and Related Programs 

Appropriations Act, 2015 (division J of Public Law 113–235) shall 

continue in effect during fiscal year 2016 as if part of this Act. 

(k) EXTENSION OF AUTHORITIES.— 

(1) PASSPORT FEES.—Section 1(b)(2) of the Passport Act 

of June 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by substituting ‘‘September 30, 2016’’ for ‘‘September 30, 2010’’. 

(2) ACCOUNTABILITY REVIEW BOARDS.—The authority provided by section 301(a)(3) of the Omnibus Diplomatic Security 

and Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall 

remain in effect for facilities in Afghanistan through September 

30, 2016, except that the notification and reporting requirements contained in such section shall include the Committees 

on Appropriations. 

(3) INCENTIVES FOR CRITICAL POSTS.—The authority contained in section 1115(d) of the Supplemental Appropriations 

Act, 2009 (Public Law 111–32) shall remain in effect through 

September 30, 2016. 

(4) FOREIGN SERVICE OFFICER ANNUITANT WAIVER.—Section 

824(g) of the Foreign Service Act of 1980 (22 U.S.C. 4064(g)) 

shall be applied by substituting ‘‘September 30, 2016’’ for 

‘‘October 1, 2010’’ in paragraph (2). 

22 USC 4064 

note. 

22 USC 4831 

note. 

22 USC 214 note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2765 

(5) DEPARTMENT OF STATE CIVIL SERVICE ANNUITANT

WAIVER.—Section 61(a) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2733(a)) shall be applied by substituting ‘‘September 30, 2016’’ for ‘‘October 1, 2010’’ in paragraph (2). 

(6) USAID CIVIL SERVICE ANNUITANT WAIVER.—Section 

625(j)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 

2385(j)(1)) shall be applied by substituting ‘‘September 30, 

2016’’ for ‘‘October 1, 2010’’ in subparagraph (B). 

(7) OVERSEAS PAY COMPARABILITY AND LIMITATION.— (A) Subject to the limitation described in subparagraph 

(B), the authority provided by section 1113 of the Supplemental Appropriations Act, 2009 (Public Law 111–32; 123 

Stat. 1904) shall remain in effect through September 30, 

2016. 

(B) The authority described in subparagraph (A) may 

not be used to pay an eligible member of the Foreign 

Service (as defined in section 1113(b) of the Supplemental 

Appropriations Act, 2009) a locality-based comparability 

payment (stated as a percentage) that exceeds two-thirds 

of the amount of the locality-based comparability payment 

(stated as a percentage) that would be payable to such 

member under section 5304 of title 5, United States Code, 

if such member’s official duty station were in the District 

of Columbia. 

(8) CATEGORICAL ELIGIBILITY.—The Foreign Operations, 

Export Financing, and Related Programs Appropriations Act, 

1990 (Public Law 101–167) is amended— 

(A) in section 599D (8 U.S.C. 1157 note)— 

(i) in subsection (b)(3), by striking ‘‘and 2015’’ and 

inserting ‘‘2015, and 2016’’; and 

(ii) in subsection (e), by striking ‘‘2015’’ each place 

it appears and inserting ‘‘2016’’; and 

(B) in section 599E (8 U.S.C. 1255 note) in subsection 

(b)(2), by striking ‘‘2015’’ and inserting ‘‘2016’’. 

(9) INSPECTOR GENERAL ANNUITANT WAIVER.—The authorities provided in section 1015(b) of the Supplemental Appropriations Act, 2010 (Public Law 111–212) shall remain in effect 

through September 30, 2016. 

(10) EXTENSION OF LOAN GUARANTEES TO ISRAEL.—Chapter 

5 of title I of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 108–11; 117 Stat. 576) is amended 

under the heading ‘‘Loan Guarantees to Israel’’— 

(A) in the matter preceding the first proviso, by striking 

‘‘September 30, 2015’’ and inserting ‘‘September 30, 2019’’; 

and 

(B) in the second proviso, by striking ‘‘September 30, 

2015’’ and inserting ‘‘September 30, 2019’’. 

(11) EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY.— 

(A) Section 12001(d) of the Department of Defense 

Appropriations Act, 2005 (Public Law 108–287; 118 Stat. 

1011) is amended by striking ‘‘more than 11 years after 

the date of enactment of this Act’’ and inserting ‘‘after 

September 30, 2017’’. 

(B) Section 514(b)(2)(A) of the Foreign Assistance Act 

of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by striking 

‘‘and 2015’’ and inserting ‘‘2015, 2016, and 2017’’. 

22 USC 2385 

note. 

22 USC 2733 

note. 


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129 STAT. 2766 PUBLIC LAW 114–113—DEC. 18, 2015 

(12) UNITED STATES ADVISORY COMMISSION ON PUBLIC

DIPLOMACY.—Section 1334 of the Foreign Affairs Reform and 

Restructuring Act of 1998 (22 U.S.C. 6553) shall be applied 

by substituting ‘‘September 30, 2016’’ for ‘‘October 1, 2015’’. 

(l) DEPARTMENT OF STATE WORKING CAPITAL FUND.—Funds 

appropriated by this Act or otherwise made available to the Department of State for payments to the Working Capital Fund may 

only be used for the service centers included in Appendix 1 of 

the Congressional Budget Justification, Department of State, Diplomatic Engagement, Fiscal Year 2016: Provided, That the amounts 

for such service centers shall be the amounts included in such 

budget except as provided in section 7015(b) of this Act: Provided 

further, That Federal agency components shall be charged only 

for their direct usage of each Working Capital Fund service: Provided further, That Federal agency components may only pay for 

Working Capital Fund services that are consistent with the component’s purpose and authorities: Provided further, That the Working 

Capital Fund shall be paid in advance or reimbursed at rates 

which will return the full cost of each service. 

(m) HUMANITARIAN ASSISTANCE.—Funds appropriated by this 

Act that are available for monitoring and evaluation of assistance 

under the headings ‘‘International Disaster Assistance’’ and ‘‘Migration and Refugee Assistance’’ shall, as appropriate, be made available for the regular collection of feedback obtained directly from 

beneficiaries on the quality and relevance of such assistance: Provided, That the Department of State and USAID shall conduct 

regular oversight to ensure that such feedback is collected and 

used by implementing partners to maximize the cost-effectiveness 

and utility of such assistance, and require such partners that receive 

funds under such headings to establish procedures for collecting 

and responding to such feedback. 

(n) HIV/AIDS WORKING CAPITAL FUND.—Funds available in 

the HIV/AIDS Working Capital Fund established pursuant to section 525(b)(1) of the Foreign Operations, Export Financing, and 

Related Programs Appropriations Act, 2005 (Public Law 108–477) 

may be made available for pharmaceuticals and other products 

for child survival, malaria, and tuberculosis to the same extent 

as HIV/AIDS pharmaceuticals and other products, subject to the 

terms and conditions in such section: Provided, That the authority 

in section 525(b)(5) of the Foreign Operations, Export Financing, 

and Related Programs Appropriations Act, 2005 (Public Law 108– 

477) shall be exercised by the Assistant Administrator for Global 

Health, USAID, with respect to funds deposited for such non-HIV/ 

AIDS pharmaceuticals and other products, and shall be subject 

to the regular notification procedures of the Committees on Appropriations: Provided further, That the Secretary of State shall include 

in the congressional budget justification an accounting of budgetary 

resources, disbursements, balances, and reimbursements related 

to such fund. 

(o) LOAN GUARANTEES AND ENTERPRISE FUNDS.— 

(1) LOAN GUARANTEES.—Funds appropriated under the 

headings ‘‘Economic Support Fund’’ and ‘‘Assistance for Europe, 

Eurasia and Central Asia’’ by this Act and prior Acts making 

appropriations for the Department of State, foreign operations, 

and related programs may be made available for the costs, 

as defined in section 502 of the Congressional Budget Act 

of 1974, of loan guarantees for Jordan, Ukraine, and Tunisia, 

22 USC 6553 

note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2767 

which are authorized to be provided: Provided, That amounts 

made available under this paragraph for the costs of such 

guarantees shall not be considered assistance for the purposes 

of provisions of law limiting assistance to a country. 

(2) ENTERPRISE FUNDS.—Funds appropriated under the 

heading ‘‘Economic Support Fund’’ in this Act may be made 

available to establish and operate one or more enterprise funds 

for Egypt and Tunisia: Provided, That the first, third and 

fifth provisos under section 7041(b) of the Department of State, 

Foreign Operations, and Related Programs Appropriations Act, 

2012 (division I of Public Law 112–74) shall apply to funds 

appropriated by this Act under the heading ‘‘Economic Support 

Fund’’ for an enterprise fund or funds to the same extent 

and in the same manner as such provision of law applied 

to funds made available under such section (except that the 

clause excluding subsection (d)(3) of section 201 of the SEED 

Act shall not apply): Provided further, That in addition to 

the previous proviso, the authorities in the matter preceding 

the first proviso of such section may apply to any such enterprise fund or funds: Provided further, That the authority of 

any such enterprise fund or funds to provide assistance shall 

cease to be effective on December 31, 2026. 

(3) CONSULTATION AND NOTIFICATION.—Funds made available by this subsection shall be subject to prior consultation 

with the appropriate congressional committees, and subject to 

the regular notification procedures of the Committees on Appropriations. 

(p) ASSESSMENT OF INDIRECT COSTS.—Not later than 90 days 

after enactment of this Act and following consultation with the 

Committees on Appropriations, the Secretary of State and the 

Administrator of the United States Agency for International 

Development (USAID) shall submit to such Committees an assessment of the effectiveness of current policies and procedures in 

ensuring that payments for indirect costs, including for negotiated 

indirect cost rate agreements (NICRA), are reasonable and comply 

with the Federal Acquisition Regulations (FAR), as applicable, and 

title 2, part 200 of the Code of Federal Regulations (CFR); an 

assessment of potential benefits of setting a cap on such indirect 

costs to ensure the cost-effective use of appropriated funds; a plan 

to revise such policies and procedures to strengthen compliance 

with the FAR and CFR and ensure that indirect costs are reasonable; and a timeline for implementing such plan. 

(q) SMALL GRANTS AND ENTITIES.— 

(1) Of the funds appropriated by this Act under the 

headings ‘‘Development Assistance’’ and ‘‘Economic Support 

Fund’’, not less than $45,000,000 shall be made available for 

the Small Grants Program pursuant to section 7080 of the 

Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113– 

235), as amended by this Act, which may remain available 

until September 30, 2020. 

(2) Not later than 45 days after enactment of this Act, 

the Administrator of the United States Agency for International 

Development (USAID) shall post on the USAID Web site 

detailed information describing the process by which small 

nongovernmental organizations, educational institutions, and 

other small entities seeking funding from USAID for unsolicited 


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129 STAT. 2768 PUBLIC LAW 114–113—DEC. 18, 2015 

proposals through grants, cooperative agreements, and other 

assistance mechanisms and agreements, can apply for such 

funding: Provided, That the USAID Administrator should 

ensure that each bureau, office, and overseas mission has 

authority to approve, and sufficient funds to implement, such 

grants or other agreements that meet appropriate criteria for 

unsolicited proposals. 

(3) Section 7080 of Public Law 113–235 is amended as 

follows: 

(A) in subsections (b) and (c), strike ‘‘Grants’’, and 

insert ‘‘Awards’’; 

(B) in subsection (c)(1), delete ‘‘or’’ after ‘‘proposals;’’; 

(C) in subsection (c)(2) delete the period after ‘‘process’’, 

and insert ‘‘; or’’; 

(D) after subsection (c)(2), insert ‘‘(3) as otherwise 

allowable under Federal Acquisition Regulations and 

USAID procurement policies.’’; and 

(E) in subsection (e)(3), strike ‘‘12’’, and insert ‘‘20’’, 

and strike ‘‘administrative and oversight expenses associated with managing’’ and insert ‘‘administrative expenses, 

and other necessary support associated with managing and 

strengthening’’. 

(4) For the purposes of section 7080 of Public Law 113– 

235, ‘‘eligible entities’’ shall be defined as small local, international, and United States-based nongovernmental organizations, educational institutions, and other small entities that 

have received less than a total of $5,000,000 in USAID funding 

over the previous five years: Provided, That departments or 

centers of such educational institutions may be considered 

individually in determining such eligibility. 

(r) DEFINITIONS.— 

(1) Unless otherwise defined in this Act, for purposes of 

this Act the term ‘‘appropriate congressional committees’’ shall 

mean the Committees on Appropriations and Foreign Relations 

of the Senate and the Committees on Appropriations and Foreign Affairs of the House of Representatives. 

(2) Unless otherwise defined in this Act, for purposes of 

this Act the term ‘‘funds appropriated in this Act and prior 

Acts making appropriations for the Department of State, foreign 

operations, and related programs’’ shall mean funds that 

remain available for obligation, and have not expired. 

(3) For the purposes of this Act ‘‘international financial 

institutions’’ shall mean the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American 

Development Bank, the International Monetary Fund, the 

Asian Development Bank, the Asian Development Fund, the 

Inter-American Investment Corporation, the North American 

Development Bank, the European Bank for Reconstruction and 

Development, the African Development Bank, the African 

Development Fund, and the Multilateral Investment Guarantee 

Agency. 

(4) Any reference to Southern Kordofan in this or any 

other Act making appropriations for the Department of State, 

foreign operations, and related programs shall be deemed to 

include portions of Western Kordofan that were previously part 

22 USC 262h 

note. 

22 USC 2152i 

note. 

22 USC 2152i. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2769 

of Southern Kordofan prior to the 2013 division of Southern 

Kordofan. 

ARAB LEAGUE BOYCOTT OF ISRAEL

SEC. 7035. It is the sense of the Congress that— 

(1) the Arab League boycott of Israel, and the secondary 

boycott of American firms that have commercial ties with Israel, 

is an impediment to peace in the region and to United States 

investment and trade in the Middle East and North Africa; 

(2) the Arab League boycott, which was regrettably 

reinstated in 1997, should be immediately and publicly terminated, and the Central Office for the Boycott of Israel immediately disbanded; 

(3) all Arab League states should normalize relations with 

their neighbor Israel; 

(4) the President and the Secretary of State should continue 

to vigorously oppose the Arab League boycott of Israel and 

find concrete steps to demonstrate that opposition by, for 

example, taking into consideration the participation of any 

recipient country in the boycott when determining to sell 

weapons to said country; and 

(5) the President should report to Congress annually on 

specific steps being taken by the United States to encourage 

Arab League states to normalize their relations with Israel 

to bring about the termination of the Arab League boycott 

of Israel, including those to encourage allies and trading partners of the United States to enact laws prohibiting businesses 

from complying with the boycott and penalizing businesses 

that do comply. 

PALESTINIAN STATEHOOD

SEC. 7036. (a) LIMITATION ON ASSISTANCE.—None of the funds 

appropriated under titles III through VI of this Act may be provided 

to support a Palestinian state unless the Secretary of State determines and certifies to the appropriate congressional committees 

that— 

(1) the governing entity of a new Palestinian state— 

(A) has demonstrated a firm commitment to peaceful 

co-existence with the State of Israel; and 

(B) is taking appropriate measures to counter terrorism 

and terrorist financing in the West Bank and Gaza, 

including the dismantling of terrorist infrastructures, and 

is cooperating with appropriate Israeli and other appropriate security organizations; and 

(2) the Palestinian Authority (or the governing entity of 

a new Palestinian state) is working with other countries in 

the region to vigorously pursue efforts to establish a just, 

lasting, and comprehensive peace in the Middle East that will 

enable Israel and an independent Palestinian state to exist 

within the context of full and normal relationships, which 

should include— 

(A) termination of all claims or states of belligerency; 

(B) respect for and acknowledgment of the sovereignty, 

territorial integrity, and political independence of every 

state in the area through measures including the establishment of demilitarized zones; 


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(C) their right to live in peace within secure and recognized boundaries free from threats or acts of force; 

(D) freedom of navigation through international waterways in the area; and 

(E) a framework for achieving a just settlement of 

the refugee problem. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that 

the governing entity should enact a constitution assuring the rule 

of law, an independent judiciary, and respect for human rights 

for its citizens, and should enact other laws and regulations 

assuring transparent and accountable governance. 

(c) WAIVER.—The President may waive subsection (a) if the 

President determines that it is important to the national security 

interest of the United States to do so. 

(d) EXEMPTION.—The restriction in subsection (a) shall not 

apply to assistance intended to help reform the Palestinian 

Authority and affiliated institutions, or the governing entity, in 

order to help meet the requirements of subsection (a), consistent 

with the provisions of section 7040 of this Act (‘‘Limitation on 

Assistance for the Palestinian Authority’’). 

RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY

SEC. 7037. None of the funds appropriated under titles II 

through VI of this Act may be obligated or expended to create 

in any part of Jerusalem a new office of any department or agency 

of the United States Government for the purpose of conducting 

official United States Government business with the Palestinian 

Authority over Gaza and Jericho or any successor Palestinian governing entity provided for in the Israel-PLO Declaration of Principles: Provided, That this restriction shall not apply to the acquisition of additional space for the existing Consulate General in Jerusalem: Provided further, That meetings between officers and 

employees of the United States and officials of the Palestinian 

Authority, or any successor Palestinian governing entity provided 

for in the Israel-PLO Declaration of Principles, for the purpose 

of conducting official United States Government business with such 

authority should continue to take place in locations other than 

Jerusalem: Provided further, That as has been true in the past, 

officers and employees of the United States Government may continue to meet in Jerusalem on other subjects with Palestinians 

(including those who now occupy positions in the Palestinian 

Authority), have social contacts, and have incidental discussions. 

PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING

CORPORATION

SEC. 7038. None of the funds appropriated or otherwise made 

available by this Act may be used to provide equipment, technical 

support, consulting services, or any other form of assistance to 

the Palestinian Broadcasting Corporation. 

ASSISTANCE FOR THE WEST BANK AND GAZA

SEC. 7039. (a) OVERSIGHT.—For fiscal year 2016, 30 days prior 

to the initial obligation of funds for the bilateral West Bank and 

Gaza Program, the Secretary of State shall certify to the Committees on Appropriations that procedures have been established to 


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assure the Comptroller General of the United States will have 

access to appropriate United States financial information in order 

to review the uses of United States assistance for the Program 

funded under the heading ‘‘Economic Support Fund’’ for the West 

Bank and Gaza. 

(b) VETTING.—Prior to the obligation of funds appropriated 

by this Act under the heading ‘‘Economic Support Fund’’ for assistance for the West Bank and Gaza, the Secretary of State shall 

take all appropriate steps to ensure that such assistance is not 

provided to or through any individual, private or government entity, 

or educational institution that the Secretary knows or has reason 

to believe advocates, plans, sponsors, engages in, or has engaged 

in, terrorist activity nor, with respect to private entities or educational institutions, those that have as a principal officer of the 

entity’s governing board or governing board of trustees any individual that has been determined to be involved in, or advocating 

terrorist activity or determined to be a member of a designated 

foreign terrorist organization: Provided, That the Secretary of State 

shall, as appropriate, establish procedures specifying the steps to 

be taken in carrying out this subsection and shall terminate assistance to any individual, entity, or educational institution which 

the Secretary has determined to be involved in or advocating terrorist activity. 

(c) PROHIBITION.— 

(1) RECOGNITION OF ACTS OF TERRORISM.—None of the 

funds appropriated under titles III through VI of this Act 

for assistance under the West Bank and Gaza Program may 

be made available for the purpose of recognizing or otherwise 

honoring individuals who commit, or have committed acts of 

terrorism. 

(2) SECURITY ASSISTANCE AND REPORTING REQUIREMENT.— 

Notwithstanding any other provision of law, none of the funds 

made available by this or prior appropriations Acts, including 

funds made available by transfer, may be made available for 

obligation for security assistance for the West Bank and Gaza 

until the Secretary of State reports to the Committees on Appropriations on the benchmarks that have been established for 

security assistance for the West Bank and Gaza and reports 

on the extent of Palestinian compliance with such benchmarks. 

(d) AUDITS BY THE UNITED STATES AGENCY FOR INTERNATIONAL

DEVELOPMENT.— 

(1) The Administrator of the United States Agency for 

International Development shall ensure that Federal or nonFederal audits of all contractors and grantees, and significant 

subcontractors and sub-grantees, under the West Bank and 

Gaza Program, are conducted at least on an annual basis 

to ensure, among other things, compliance with this section. 

(2) Of the funds appropriated by this Act up to $500,000 

may be used by the Office of Inspector General of the United 

States Agency for International Development for audits, inspections, and other activities in furtherance of the requirements 

of this subsection: Provided, That such funds are in addition 

to funds otherwise available for such purposes. 

(e) COMPTROLLER GENERAL OF THE UNITED STATES AUDIT.— 

Subsequent to the certification specified in subsection (a), the Comptroller General of the United States shall conduct an audit and 

an investigation of the treatment, handling, and uses of all funds 


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for the bilateral West Bank and Gaza Program, including all funds 

provided as cash transfer assistance, in fiscal year 2016 under 

the heading ‘‘Economic Support Fund’’, and such audit shall 

address— 

(1) the extent to which such Program complies with the 

requirements of subsections (b) and (c); and 

(2) an examination of all programs, projects, and activities 

carried out under such Program, including both obligations 

and expenditures. 

(f) NOTIFICATION PROCEDURES.—Funds made available in this 

Act for West Bank and Gaza shall be subject to the regular notification procedures of the Committees on Appropriations. 

(g) REPORT.—Not later than 180 days after enactment of this 

Act, the Secretary of State shall submit a report to the Committees 

on Appropriations updating the report contained in section 2106 

of chapter 2 of title II of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami 

Relief, 2005 (Public Law 109–13). 

LIMITATION ON ASSISTANCE FOR THE PALESTINIAN AUTHORITY

SEC. 7040. (a) PROHIBITION OF FUNDS.—None of the funds 

appropriated by this Act to carry out the provisions of chapter 

4 of part II of the Foreign Assistance Act of 1961 may be obligated 

or expended with respect to providing funds to the Palestinian 

Authority. 

(b) WAIVER.—The prohibition included in subsection (a) shall 

not apply if the President certifies in writing to the Speaker of 

the House of Representatives, the President pro tempore of the 

Senate, and the Committees on Appropriations that waiving such 

prohibition is important to the national security interest of the 

United States. 

(c) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant 

to subsection (b) shall be effective for no more than a period of 

6 months at a time and shall not apply beyond 12 months after 

the enactment of this Act. 

(d) REPORT.—Whenever the waiver authority pursuant to subsection (b) is exercised, the President shall submit a report to 

the Committees on Appropriations detailing the justification for 

the waiver, the purposes for which the funds will be spent, and 

the accounting procedures in place to ensure that the funds are 

properly disbursed: Provided, That the report shall also detail the 

steps the Palestinian Authority has taken to arrest terrorists, confiscate weapons and dismantle the terrorist infrastructure. 

(e) CERTIFICATION.—If the President exercises the waiver 

authority under subsection (b), the Secretary of State must certify 

and report to the Committees on Appropriations prior to the obligation of funds that the Palestinian Authority has established a 

single treasury account for all Palestinian Authority financing and 

all financing mechanisms flow through this account, no parallel 

financing mechanisms exist outside of the Palestinian Authority 

treasury account, and there is a single comprehensive civil service 

roster and payroll, and the Palestinian Authority is acting to 

counter incitement of violence against Israelis and is supporting 

activities aimed at promoting peace, coexistence, and security 

cooperation with Israel. 


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(f) PROHIBITION TO HAMAS AND THE PALESTINE LIBERATION

ORGANIZATION.— 

(1) None of the funds appropriated in titles III through 

VI of this Act may be obligated for salaries of personnel of 

the Palestinian Authority located in Gaza or may be obligated 

or expended for assistance to Hamas or any entity effectively 

controlled by Hamas, any power-sharing government of which 

Hamas is a member, or that results from an agreement with 

Hamas and over which Hamas exercises undue influence. 

(2) Notwithstanding the limitation of paragraph (1), assistance may be provided to a power-sharing government only 

if the President certifies and reports to the Committees on 

Appropriations that such government, including all of its ministers or such equivalent, has publicly accepted and is complying 

with the principles contained in section 620K(b)(1) (A) and 

(B) of the Foreign Assistance Act of 1961, as amended. 

(3) The President may exercise the authority in section 

620K(e) of the Foreign Assistance Act of 1961, as added by 

the Palestinian Anti-Terrorism Act of 2006 (Public Law 109– 

446) with respect to this subsection. 

(4) Whenever the certification pursuant to paragraph (2) 

is exercised, the Secretary of State shall submit a report to 

the Committees on Appropriations within 120 days of the certification and every quarter thereafter on whether such government, including all of its ministers or such equivalent are 

continuing to comply with the principles contained in section 

620K(b)(1) (A) and (B) of the Foreign Assistance Act of 1961, 

as amended: Provided, That the report shall also detail the 

amount, purposes and delivery mechanisms for any assistance 

provided pursuant to the abovementioned certification and a 

full accounting of any direct support of such government. 

(5) None of the funds appropriated under titles III through 

VI of this Act may be obligated for assistance for the Palestine 

Liberation Organization. 

MIDDLE EAST AND NORTH AFRICA

SEC. 7041. (a) EGYPT.— 

(1) CERTIFICATION AND REPORT.—Funds appropriated by 

this Act that are available for assistance for Egypt may be 

made available notwithstanding any other provision of law 

restricting assistance for Egypt, except for this subsection and 

section 620M of the Foreign Assistance Act of 1961, and may 

only be made available for assistance for the Government of 

Egypt if the Secretary of State certifies and reports to the 

Committees on Appropriations that such government is— 

(A) sustaining the strategic relationship with the 

United States; and 

(B) meeting its obligations under the 1979 Egypt-Israel 

Peace Treaty. 

(2) ECONOMIC SUPPORT FUND.— 

(A) FUNDING.—Of the funds appropriated by this Act 

under the heading ‘‘Economic Support Fund’’, up to 

$150,000,000 may be made available for assistance for 

Egypt, of which not less than $35,000,000 should be made 

available for higher education programs including not less 


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than $10,000,000 for scholarships at not-for-profit institutions for Egyptian students with high financial need: Provided, That such funds may be made available for democracy programs and for development programs in the Sinai: 

Provided further, That such funds may not be made available for cash transfer assistance or budget support unless 

the Secretary of State certifies and reports to the appropriate congressional committees that the Government of 

Egypt is taking consistent and effective steps to stabilize 

the economy and implement market-based economic 

reforms. 

(B) WITHHOLDING.—The Secretary of State shall withhold from obligation funds appropriated by this Act under 

the heading ‘‘Economic Support Fund’’ for assistance for 

Egypt, an amount of such funds that the Secretary determines to be equivalent to that expended by the United 

States Government for bail, and by nongovernmental 

organizations for legal and court fees, associated with 

democracy-related trials in Egypt until the Secretary certifies and reports to the Committees on Appropriations 

that the Government of Egypt has dismissed the convictions 

issued by the Cairo Criminal Court on June 4, 2013, in 

‘‘Public Prosecution Case No. 1110 for the Year 2012’’. 

(3) FOREIGN MILITARY FINANCING PROGRAM.— 

(A) CERTIFICATION.—Of the funds appropriated by this 

Act under the heading ‘‘Foreign Military Financing Program’’, $1,300,000,000, to remain available until September 

30, 2017, may be made available for assistance for Egypt: 

Provided, That 15 percent of such funds shall be withheld 

from obligation until the Secretary of State certifies and 

reports to the Committees on Appropriations that the 

Government of Egypt is taking effective steps to— 

(i) advance democracy and human rights in Egypt, 

including to govern democratically and protect religious 

minorities and the rights of women, which are in addition to steps taken during the previous calendar year 

for such purposes; 

(ii) implement reforms that protect freedoms of 

expression, association, and peaceful assembly, 

including the ability of civil society organizations and 

the media to function without interference; 

(iii) release political prisoners and provide 

detainees with due process of law; 

(iv) hold Egyptian security forces accountable, 

including officers credibly alleged to have violated 

human rights; and 

(v) provide regular access for United States officials to monitor such assistance in areas where the 

assistance is used: 

Provided further, That such funds may be transferred to 

an interest bearing account in the Federal Reserve Bank 

of New York, following consultation with the Committees 

on Appropriations: Provided further, That the certification 

requirement of this paragraph shall not apply to funds 

appropriated by this Act under such heading for counterterrorism, border security, and nonproliferation programs for 

Egypt. 


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(B) WAIVER.—The Secretary of State may waive the 

certification requirement in subparagraph (A) if the Secretary determines and reports to the Committees on Appropriations that to do so is important to the national security 

interest of the United States, and submits a report to 

such Committees containing a detailed justification for the 

use of such waiver and the reasons why any of the requirements of subparagraph (A) cannot be met. 

(4) OVERSIGHT AND CONSULTATION REQUIREMENTS.— (A) The Secretary of State shall take all practicable 

steps to ensure that mechanisms are in place for monitoring, oversight, and control of funds made available by 

this subsection for assistance for Egypt. 

(B) Not later than 90 days after enactment of this 

Act, the Secretary shall consult with the Committees on 

Appropriations on any plan to restructure military assistance for Egypt. 

(b) IRAN.— 

(1) FUNDING.—Funds appropriated by this Act under the 

headings ‘‘Diplomatic and Consular Programs’’, ‘‘Economic Support Fund’’, and ‘‘Nonproliferation, Anti-terrorism, Demining 

and Related Programs’’ shall be used by the Secretary of State— 

(A) to support the United States policy to prevent 

Iran from achieving the capability to produce or otherwise 

obtain a nuclear weapon; 

(B) to support an expeditious response to any violation 

of the Joint Comprehensive Plan of Action or United 

Nations Security Council Resolution 2231; 

(C) to support the implementation and enforcement 

of sanctions against Iran for support of terrorism, human 

rights abuses, and ballistic missile and weapons proliferation; and 

(D) for democracy programs for Iran, to be administered by the Assistant Secretary for Near Eastern Affairs, 

Department of State, in consultation with the Assistant 

Secretary for Democracy, Human Rights, and Labor, 

Department of State. 

(2) CONTINUATION OF PROHIBITION.—The terms and conditions of paragraph (2) of section 7041(c) in division I of Public 

Law 112–74 shall continue in effect during fiscal year 2016 

as if part of this Act. 

(3) REPORTS.— 

(A) The Secretary of State shall submit to the Committees on Appropriations the semi-annual report required 

by section 2 of the Iran Nuclear Agreement Review Act 

of 2015 (42 U.S.C. 2160e(d)(4)). 

(B) Not later than 180 days after the date of enactment 

of this Act, the Secretary of State, in consultation with 

the Secretary of the Treasury, shall submit to the appropriate congressional committees a report on the status 

of the implementation and enforcement of bilateral United 

States and multilateral sanctions against Iran and actions 

taken by the United States and the international community to enforce such sanctions against Iran: Provided, That 

the report shall also include any entities involved in the 

testing of a ballistic missile by the Government of Iran 

after October 1, 2015, and note whether such entities are 


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currently under United States sanctions: Provided further, That such report shall be submitted in an unclassified 

form, but may contain a classified annex if necessary. 

(c) IRAQ.— (1) PURPOSES.—Funds appropriated by this Act shall be 

made available for assistance for Iraq to promote governance, 

security, and internal and regional stability, including in 

Kurdistan and other areas impacted by the conflict in Syria, 

and among religious and ethnic minority populations in Iraq. 

(2) LIMITATION.—None of the funds appropriated by this 

Act may be made available for construction, rehabilitation, 

or other improvements to United States diplomatic facilities 

in Iraq on property for which no land-use agreement has been 

entered into by the Governments of the United States and 

Iraq: Provided, That the restrictions in this paragraph shall 

not apply if such funds are necessary to protect United States 

diplomatic facilities or the security, health, and welfare of 

United States personnel. 

(3) KURDISTAN REGIONAL GOVERNMENTS SECURITY SERVICES.—Funds appropriated by this Act under the headings 

‘‘International Narcotics Control and Law Enforcement’’ and 

‘‘Foreign Military Financing Program’’ that are available for 

assistance for Iraq should be made available to enhance the 

capacity of Kurdistan Regional Government security services 

and for security programs in Kurdistan to address requirements 

arising from the violence in Syria and Iraq: Provided, That 

the Secretary of State shall consult with the Committees on 

Appropriations prior to obligating such funds. 

(4) BASING RIGHTS AGREEMENT.—None of the funds appropriated or otherwise made available by this Act may be used 

by the Government of the United States to enter into a permanent basing rights agreement between the United States and 

Iraq. 

(d) JORDAN.— 

(1) FUNDING LEVELS.—Of the funds appropriated by this Act under titles III and IV, not less than $1,275,000,000 shall 

be made available for assistance for Jordan, of which not less 

than $204,000,000 shall be for budget support for the Government of Jordan and $100,000,000 shall be for water sector 

support: Provided, That such assistance for water sector support 

shall be subject to prior consultation with the Committees 

on Appropriations. 

(2) RESPONSE TO THE SYRIAN CRISIS.—Funds appropriated 

by this Act shall be made available for programs to implement 

the Jordan Response Plan 2015 for the Syria Crisis, including 

assistance for host communities in Jordan: Provided, That not 

later than 180 days after enactment of this Act, the Secretary 

of State shall submit a report to the Committees on Appropriations describing United States and other donor contributions 

to such Plan. 

(e) LEBANON.— (1) LIMITATION.—None of the funds appropriated by this 

Act may be made available for the Lebanese Internal Security 

Forces (ISF) or the Lebanese Armed Forces (LAF) if the ISF 

or the LAF is controlled by a foreign terrorist organization, 

as designated pursuant to section 219 of the Immigration and 

Nationality Act. 


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(2) CONSULTATION REQUIREMENT.—Funds appropriated by 

this Act under the headings ‘‘International Narcotics Control 

and Law Enforcement’’ and ‘‘Foreign Military Financing Program’’ that are available for assistance for Lebanon may be 

made available for programs and equipment for the ISF and 

the LAF to address security and stability requirements in areas 

affected by the conflict in Syria, following consultation with 

the appropriate congressional committees. 

(3) ECONOMIC SUPPORT FUND.—Funds appropriated by this 

Act under the heading ‘‘Economic Support Fund’’ that are available for assistance for Lebanon may be made available notwithstanding section 1224 of the Foreign Relations Authorization 

Act, Fiscal Year 2003 (Public Law 107–228; 22 U.S.C. 2346 

note). 

(4) FOREIGN MILITARY FINANCING PROGRAM.—In addition 

to the activities described in paragraph (2), funds appropriated 

by this Act under the heading ‘‘Foreign Military Financing 

Program’’ for assistance for Lebanon may be made available 

only to professionalize the LAF and to strengthen border security and combat terrorism, including training and equipping 

the LAF to secure Lebanon’s borders, interdicting arms shipments, preventing the use of Lebanon as a safe haven for 

terrorist groups, and to implement United Nations Security 

Council Resolution 1701: Provided, That funds may not be 

obligated for assistance for the LAF until the Secretary of 

State submits to the Committees on Appropriations a detailed 

spend plan, including actions to be taken to ensure equipment 

provided to the LAF is only used for the intended purposes, 

except such plan may not be considered as meeting the notification requirements under section 7015 of this Act or under 

section 634A of the Foreign Assistance Act of 1961, and shall 

be submitted not later than September 1, 2016: Provided further, That any notification submitted pursuant to such sections 

shall include any funds specifically intended for lethal military 

equipment. 

(f) LIBYA.— 

(1) FUNDING.—Of the funds appropriated by titles III and 

IV of this Act, not less than $20,000,000 shall be made available 

for assistance for Libya for programs to strengthen governing 

institutions and civil society, improve border security, and promote democracy and stability in Libya, and for activities to 

address the humanitarian needs of the people of Libya. 

(2) LIMITATIONS.— 

(A) COOPERATION ON THE SEPTEMBER 2012 ATTACK ON

UNITED STATES PERSONNEL AND FACILITIES.—None of the 

funds appropriated by this Act may be made available 

for assistance for the central Government of Libya unless 

the Secretary of State reports to the Committees on Appropriations that such government is cooperating with United 

States Government efforts to investigate and bring to justice those responsible for the attack on United States personnel and facilities in Benghazi, Libya in September 2012: 

Provided, That the limitation in this paragraph shall not 

apply to funds made available for the purpose of protecting 

United States Government personnel or facilities. 

(B) INFRASTRUCTURE PROJECTS.—The limitation on the 

uses of funds in section 7041(f)(2) of the Department of 


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State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–76) shall 

apply to funds appropriated by this Act that are made 

available for assistance for Libya. 

(3) CERTIFICATION REQUIREMENT.—Prior to the initial 

obligation of funds made available by this Act for assistance 

for Libya, the Secretary of State shall certify and report to 

the Committees on Appropriations that all practicable steps 

have been taken to ensure that mechanisms are in place for 

monitoring, oversight, and control of funds made available by 

this subsection for assistance for Libya, including a description 

of the vetting procedures to be used for recipients of assistance 

made available under title IV of this Act. 

(g) MOROCCO.— 

(1) AVAILABILITY AND CONSULTATION REQUIREMENT.—Funds 

appropriated under title III of this Act shall be made available 

for assistance for the Western Sahara: Provided, That not later 

than 90 days after enactment of this Act and prior to the 

obligation of such funds the Secretary of State, in consultation 

with the Administrator of the United States Agency for International Development, shall consult with the Committees on 

Appropriations on the proposed uses of such funds. 

(2) FOREIGN MILITARY FINANCING PROGRAM.—Funds appropriated by this Act under the heading ‘‘Foreign Military 

Financing Program’’ that are available for assistance for 

Morocco may only be used for the purposes requested in the 

Congressional Budget Justification, Foreign Operations, Fiscal 

Year 2016. 

(h) SYRIA.— 

(1) NON-LETHAL ASSISTANCE.—Funds appropriated by this 

Act under the headings ‘‘Economic Support Fund’’, ‘‘International Narcotics Control and Law Enforcement’’, and ‘‘Peacekeeping Operations’’ shall be made available, notwithstanding 

any other provision of law except for this subsection, for nonlethal assistance for programs to address the needs of civilians 

affected by conflict in Syria, and for programs that seek to— 

(A) establish governance in Syria that is representative, inclusive, and accountable; 

(B) expand the role of women in negotiations to end 

the violence and in any political transition in Syria; 

(C) develop and implement political processes that are 

democratic, transparent, and adhere to the rule of law; 

(D) further the legitimacy of the Syrian opposition 

through cross-border programs; 

(E) develop civil society and an independent media 

in Syria; 

(F) promote economic development in Syria; 

(G) document, investigate, and prosecute human rights 

violations in Syria, including through transitional justice 

programs and support for nongovernmental organizations; 

(H) counter extremist ideologies; 

(I) assist Syrian refugees whose education has been 

interrupted by the ongoing conflict to complete higher education requirements at regional academic institutions; and 

(J) assist vulnerable populations in Syria and in neighboring countries. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2779 

(2) SYRIAN ORGANIZATIONS.—Funds appropriated by this 

Act that are made available for assistance for Syria pursuant 

to the authority of this subsection shall be made available, 

on an open and competitive basis, for a program to strengthen 

the capability of Syrian civil society organizations to address 

the immediate and long-term needs of the Syrian people inside 

Syria in a manner that supports the sustainability of such 

organizations in implementing Syrian-led humanitarian and 

development programs and the comprehensive strategy 

required in section 7041(i)(3) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 

2014 (division K of Public Law 113–76). 

(3) STRATEGY UPDATE.—Funds appropriated by this Act 

that are made available for assistance for Syria pursuant to 

the authority of this subsection may only be made available 

after the Secretary of State, in consultation with the heads 

of relevant United States Government agencies, submits, in 

classified form if necessary, an update to the comprehensive 

strategy required in section 7041(i)(3) of Public Law 113–76. 

(4) MONITORING AND OVERSIGHT.—Prior to the obligation 

of funds appropriated by this Act and made available for assistance for Syria, the Secretary of State shall take all practicable 

steps to ensure that mechanisms are in place for monitoring, 

oversight, and control of such assistance inside Syria: Provided, 

That the Secretary shall promptly inform the appropriate 

congressional committees of each significant instance in which 

assistance provided pursuant to this subsection has been compromised, to include the type and amount of assistance affected, 

a description of the incident and parties involved, and an explanation of the response of the Department of State. 

(5) CONSULTATION AND NOTIFICATION.—Funds made available pursuant to this subsection may only be made available 

following consultation with the appropriate congressional 

committees, and shall be subject to the regular notification 

procedures of the Committees on Appropriations. 

(i) TUNISIA.—Of the funds appropriated under titles III and 

IV of this Act, not less than $141,900,000 shall be made available 

for assistance for Tunisia. 

(j) WEST BANK AND GAZA.— 

(1) REPORT ON ASSISTANCE.—Prior to the initial obligation 

of funds made available by this Act under the heading ‘‘Economic Support Fund’’ for assistance for the West Bank and 

Gaza, the Secretary of State shall report to the Committees 

on Appropriations that the purpose of such assistance is to— 

(A) advance Middle East peace; 

(B) improve security in the region; 

(C) continue support for transparent and accountable 

government institutions; 

(D) promote a private sector economy; or 

(E) address urgent humanitarian needs. 

(2) LIMITATIONS.— (A)(i) None of the funds appropriated under the 

heading ‘‘Economic Support Fund’’ in this Act may be made 

available for assistance for the Palestinian Authority, if 

after the date of enactment of this Act— 

(I) the Palestinians obtain the same standing as 

member states or full membership as a state in the 


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United Nations or any specialized agency thereof outside an agreement negotiated between Israel and the 

Palestinians; or 

(II) the Palestinians initiate an International 

Criminal Court (ICC) judicially authorized investigation, or actively support such an investigation, that 

subjects Israeli nationals to an investigation for alleged 

crimes against Palestinians. 

(ii) The Secretary of State may waive the restriction 

in clause (i) of this subparagraph resulting from the 

application of subclause (I) of such clause if the Secretary 

certifies to the Committees on Appropriations that to do 

so is in the national security interest of the United States, 

and submits a report to such Committees detailing how 

the waiver and the continuation of assistance would assist 

in furthering Middle East peace. 

(B)(i) The President may waive the provisions of section 

1003 of the Foreign Relations Authorization Act, Fiscal 

Years 1988 and 1989 (Public Law 100–204) if the President 

determines and certifies in writing to the Speaker of the 

House of Representatives, the President pro tempore of 

the Senate, and the appropriate congressional committees 

that the Palestinians have not, after the date of enactment 

of this Act— 

(I) obtained in the United Nations or any specialized agency thereof the same standing as member 

states or full membership as a state outside an agreement negotiated between Israel and the Palestinians; 

and 

(II) taken any action with respect to the ICC that 

is intended to influence a determination by the ICC 

to initiate a judicially authorized investigation, or to 

actively support such an investigation, that subjects 

Israeli nationals to an investigation for alleged crimes 

against Palestinians. 

(ii) Not less than 90 days after the President is unable 

to make the certification pursuant to clause (i) of this 

subparagraph, the President may waive section 1003 of 

Public Law 100–204 if the President determines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the 

Committees on Appropriations that the Palestinians have 

entered into direct and meaningful negotiations with Israel: 

Provided, That any waiver of the provisions of section 

1003 of Public Law 100–204 under clause (i) of this 

subparagraph or under previous provisions of law must 

expire before the waiver under the preceding sentence may 

be exercised. 

(iii) Any waiver pursuant to this subparagraph shall 

be effective for no more than a period of 6 months at 

a time and shall not apply beyond 12 months after the 

enactment of this Act. 

(3) REDUCTION.—The Secretary of State shall reduce the 

amount of assistance made available by this Act under the 

heading ‘‘Economic Support Fund’’ for the Palestinian Authority 

by an amount the Secretary determines is equivalent to the 

amount expended by the Palestinian Authority as payments 


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for acts of terrorism by individuals who are imprisoned after 

being fairly tried and convicted for acts of terrorism and by 

individuals who died committing acts of terrorism during the 

previous calendar year: Provided, That the Secretary shall 

report to the Committees on Appropriations on the amount 

reduced for fiscal year 2016 prior to the obligation of funds 

for the Palestinian Authority. 

(4) SECURITY REPORT.—The reporting requirements contained in section 1404 of the Supplemental Appropriations Act, 

2008 (Public Law 110–252) shall apply to funds made available 

by this Act, including a description of modifications, if any, 

to the security strategy of the Palestinian Authority. 

AFRICA

SEC. 7042. (a) BOKO HARAM.—Funds appropriated by this Act 

that are made available for assistance for Cameroon, Chad, Niger, 

and Nigeria— 

(1) shall be made available for assistance for women and 

girls who are targeted by the terrorist organization Boko 

Haram, consistent with the provisions of section 7059 of this 

Act; and 

(2) may be made available for counterterrorism programs 

to combat Boko Haram. 

(b) CENTRAL AFRICAN REPUBLIC.—Funds made available by 

this Act for assistance for the Central African Republic shall be 

made available for reconciliation and peacebuilding programs, 

including activities to promote inter-faith dialogue at the national 

and local levels, and for programs to prevent crimes against 

humanity. 

(c) COUNTERTERRORISM PROGRAMS.—Of the funds appropriated 

by this Act, not less than $69,821,000 should be made available 

for the Trans-Sahara Counter-terrorism Partnership program, and 

not less than $24,150,000 should be made available for the Partnership for Regional East Africa Counterterrorism program. 

(d) ETHIOPIA.— 

(1) FORCED EVICTIONS.— 

(A) Funds appropriated by this Act for assistance for 

Ethiopia may not be made available for any activity that 

supports forced evictions. 

(B) The Secretary of the Treasury shall instruct the 

United States executive director of each international 

financial institution to vote against financing for any 

activity that supports forced evictions in Ethiopia. 

(2) CONSULTATION REQUIREMENT.—Programs and activities 

to improve livelihoods shall include prior consultation with, 

and the participation of, affected communities, including in 

the South Omo and Gambella regions. 

(3) FOREIGN MILITARY FINANCING PROGRAM.—Funds appropriated by this Act under the heading ‘‘Foreign Military 

Financing Program’’ for assistance for Ethiopia may only be 

made available for border security and counterterrorism programs, support for international peacekeeping efforts, and 

assistance for the Ethiopian Defense Command and Staff College. 

(e) LAKE CHAD BASIN COUNTRIES.—Funds appropriated by this 

Act shall be made available for democracy and other development 


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programs in Cameroon, Chad, Niger, and Nigeria, following consultation with the Committees on Appropriations: Provided, That 

such democracy programs should protect freedoms of expression, 

association and religion, including for journalists, civil society, and 

opposition political parties, and should be used to assist the governments of such countries to strengthen accountability and the rule 

of law, including within the security forces. 

(f) LORD’S RESISTANCE ARMY.—Funds appropriated by this Act 

shall be made available for programs and activities in areas affected 

by the Lord’s Resistance Army (LRA) consistent with the goals 

of the Lord’s Resistance Army Disarmament and Northern Uganda 

Recovery Act (Public Law 111–172), including to improve physical 

access, telecommunications infrastructure, and early-warning 

mechanisms and to support the disarmament, demobilization, and 

reintegration of former LRA combatants, especially child soldiers. 

(g) POWER AFRICA INITIATIVE.—Funds appropriated by this Act 

that are made available for the Power Africa initiative shall be 

subject to the regular notification procedures of the Committees 

on Appropriations. 

(h) PROGRAMS IN AFRICA.— 

(1) Of the funds appropriated by this Act under the 

headings ‘‘Global Health Programs’’ and ‘‘Economic Support 

Fund’’, not less than $7,000,000 shall be made available for 

the purposes of section 7042(g)(1) of the Department of State, 

Foreign Operations, and Related Programs Appropriations Act, 

2014 (division K of Public Law 113–76). 

(2) Of the funds appropriated by this Act under the 

headings ‘‘Economic Support Fund’’ and ‘‘International Narcotics Control and Law Enforcement’’, not less than $8,000,000 

shall be made available for the purposes of section 7042(g)(2) 

of the Department of State, Foreign Operations, and Related 

Programs Appropriations Act, 2014 (division K of Public Law 

113–76). 

(3) Funds made available under paragraphs (1) and (2) 

shall be programmed in a manner that leverages a United 

States Government-wide approach to addressing shared challenges and mutually beneficial opportunities, and shall be the 

responsibility of United States Chiefs of Mission in countries 

in Africa seeking enhanced partnerships with the United States 

in areas of trade, investment, development, health, and security. 

(i) SOUTH SUDAN.— 

(1) Funds appropriated by this Act that are made available 

for assistance for South Sudan should— 

(A) be prioritized for programs that respond to humanitarian needs and the delivery of basic services and to 

mitigate conflict and promote stability, including to address 

protection needs and prevent and respond to gender-based 

violence; 

(B) support programs that build resilience of communities to address food insecurity, maintain educational 

opportunities, and enhance local governance; 

(C) be used to advance democracy, including support 

for civil society, independent media, and other means to 

strengthen the rule of law; 

(D) support the transparent and sustainable management of natural resources by assisting the Government 


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of South Sudan in conducting regular audits of financial 

accounts, including revenues from oil and gas, and the 

timely public disclosure of such audits; and 

(E) support the professionalization of security forces, 

including human rights and accountability to civilian 

authorities. 

(2) None of the funds appropriated by this Act that are 

available for assistance for the central Government of South 

Sudan may be made available until the Secretary of State 

certifies and reports to the Committees on Appropriations that 

such government is taking effective steps to— 

(A) end hostilities and pursue good faith negotiations 

for a political settlement of the internal conflict; 

(B) provide access for humanitarian organizations; 

(C) end the recruitment and use of child soldiers; 

(D) protect freedoms of expression, association, and 

assembly; 

(E) reduce corruption related to the extraction and 

sale of oil and gas; and 

(F) establish democratic institutions, including accountable military and police forces under civilian authority. 

(3) The limitation of paragraph (2) shall not apply to— 

(A) humanitarian assistance; 

(B) assistance to support South Sudan peace negotiations or to advance or implement a peace agreement; and 

(C) assistance to support implementation of outstanding issues of the Comprehensive Peace Agreement 

(CPA) and mutual arrangements related to the CPA. 

(j) SUDAN.— 

(1) Notwithstanding any other provision of law, none of 

the funds appropriated by this Act may be made available 

for assistance for the Government of Sudan. 

(2) None of the funds appropriated by this Act may be 

made available for the cost, as defined in section 502 of the 

Congressional Budget Act of 1974, of modifying loans and loan 

guarantees held by the Government of Sudan, including the 

cost of selling, reducing, or canceling amounts owed to the 

United States, and modifying concessional loans, guarantees, 

and credit agreements. 

(3) The limitations of paragraphs (1) and (2) shall not 

apply to— 

(A) humanitarian assistance; 

(B) assistance for democracy programs; 

(C) assistance for the Darfur region, Southern Kordofan 

State, Blue Nile State, other marginalized areas and populations in Sudan, and Abyei; and 

(D) assistance to support implementation of outstanding issues of the Comprehensive Peace Agreement 

(CPA), mutual arrangements related to post-referendum 

issues associated with the CPA, or any other internationally recognized viable peace agreement in Sudan. 

(k) ZIMBABWE.— 

(1) The Secretary of the Treasury shall instruct the United 

States executive director of each international financial institution to vote against any extension by the respective institution 

of any loan or grant to the Government of Zimbabwe, except 

to meet basic human needs or to promote democracy, unless 

22 USC 2151 

note. 


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the Secretary of State certifies and reports to the Committees 

on Appropriations that the rule of law has been restored, 

including respect for ownership and title to property, and freedoms of expression, association, and assembly. 

(2) None of the funds appropriated by this Act shall be 

made available for assistance for the central Government of 

Zimbabwe, except for health and education, unless the Secretary of State certifies and reports as required in paragraph 

(1), and funds may be made available for macroeconomic growth 

assistance if the Secretary reports to the Committees on Appropriations that such government is implementing transparent 

fiscal policies, including public disclosure of revenues from the 

extraction of natural resources. 

EAST ASIA AND THE PACIFIC

SEC. 7043. (a) ASIA REBALANCING INITIATIVE.—Except for paragraphs (1)(C), (4), (5)(B) and (C), and 6(B), section 7043(a) of the 

Department of State, Foreign Operations, and Related Programs 

Appropriations Act, 2015 (division J of Public Law 113–235) shall 

continue in effect during fiscal year 2016 as if part of this Act: 

Provided, That section 7043(a)(8) of such Act shall be applied to 

funds appropriated by this Act by adding ‘‘East Asia,’’ before ‘‘South 

East Asia’’. 

(b) BURMA.— 

(1) BILATERAL ECONOMIC ASSISTANCE.— 

(A) Funds appropriated by this Act under the heading 

‘‘Economic Support Fund’’ for assistance for Burma may 

be made available notwithstanding any other provision of 

law, except for this subsection, and following consultation 

with the appropriate congressional committees. 

(B) Funds appropriated under title III of this Act for 

assistance for Burma— 

(i) may not be made available for budget support 

for the Government of Burma; 

(ii) shall be made available to strengthen civil 

society organizations in Burma, including as core support for such organizations; 

(iii) shall be made available for the implementation 

of the democracy and human rights strategy required 

by section 7043(b)(3)(A) of the Department of State, 

Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–76); 

(iv) shall be made available for community-based 

organizations operating in Thailand to provide food, 

medical, and other humanitarian assistance to 

internally displaced persons in eastern Burma, in addition to assistance for Burmese refugees from funds 

appropriated by this Act under the heading ‘‘Migration 

and Refugee Assistance’’; 

(v) shall be made available for programs to promote 

ethnic and religious tolerance, including in Rakhine 

and Kachin states; 

(vi) may not be made available to any successor 

or affiliated organization of the State Peace and 

Development Council (SPDC) controlled by former 

SPDC members that promotes the repressive policies 


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of the SPDC, or to any individual or organization 

credibly alleged to have committed gross violations 

of human rights, including against Rohingya and other 

minority groups; 

(vii) may be made available for programs administered by the Office of Transition Initiatives, United 

States Agency for International Development (USAID), 

for ethnic groups and civil society in Burma to help 

sustain ceasefire agreements and further prospects for 

reconciliation and peace, which may include support 

to representatives of ethnic armed groups for this purpose; and 

(viii) may not be made available to any organization or individual the Secretary of State determines 

and reports to the appropriate congressional committees advocates violence against ethnic or religious 

groups and individuals in Burma, including such 

organizations as Ma Ba Tha. 

(2) INTERNATIONAL SECURITY ASSISTANCE.—None of the 

funds appropriated by this Act under the headings ‘‘International Military Education and Training’’ and ‘‘Foreign Military Financing Program’’ may be made available for assistance 

for Burma: Provided, That the Department of State may continue consultations with the armed forces of Burma only on 

human rights and disaster response in a manner consistent 

with the prior fiscal year, and following consultation with the 

appropriate congressional committees. 

(3) MULTILATERAL ASSISTANCE.—The Secretary of the 

Treasury should instruct the United States executive director 

of each international financial institution to use the voice and 

vote of the United States to support projects in Burma only 

if such projects— 

(A) promote accountability and transparency, including 

on-site monitoring throughout the life of the project; 

(B) are developed and carried out in accordance with 

best practices regarding environmental conservation; social 

and cultural protection and empowerment of local populations, particularly ethnic nationalities; and extraction of 

resources; 

(C) do not promote the displacement of local populations without appropriate consultation, harm mitigation 

and compensation, and do not provide incentives for, or 

facilitate, the forced migration of indigenous communities; 

and 

(D) do not partner with or otherwise involve militaryowned enterprises or state-owned enterprises associated 

with the military. 

(4) ASSESSMENT.—Not later than 180 days after enactment 

of this Act, the Comptroller General of the United States shall 

initiate an assessment of democracy programs in Burma conducted by the Department of State and USAID, including the 

strategy for such programs, and programmatic implementation 

and results: Provided, That of the funds appropriated by this 

Act and made available for assistance for Burma, up to 

$100,000 shall be made available to the Comptroller for such 

assessment. 

(5) PROGRAMS, POSITION, AND RESPONSIBILITIES.— 


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(A) Any new program or activity in Burma initiated 

in fiscal year 2016 shall be subject to prior consultation 

with the appropriate congressional committees. 

(B) Section 7043(b)(7) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 

2015 (division J of Public Law 113–235) shall continue 

in effect during fiscal year 2016 as if part of this Act. 

(C) The United States Chief of Mission in Burma, 

in consultation with the Assistant Secretary for the Bureau 

of Democracy, Human Rights, and Labor, Department of 

State, shall be responsible for democracy programs in 

Burma. 

(c) CAMBODIA.— (1) KHMER ROUGE TRIBUNAL.—Of the funds appropriated 

by this Act that are made available for assistance for Cambodia, 

up to $2,000,000 may be made available for a contribution 

to the Extraordinary Chambers in the Court of Cambodia 

(ECCC), in a manner consistent with prior fiscal years, except 

that such funds may only be made available for a contribution 

to the appeals process in Case 002/01. 

(2) RESEARCH AND EDUCATION.—Funds made available by 

this Act for democracy programs in Cambodia shall be made 

available for research and education programs associated with 

the Khmer Rouge genocide in Cambodia. 

(3) REIMBURSEMENTS.—The Secretary of State shall continue to consult with the Principal Donors Group on reimbursements to the Documentation Center of Cambodia for costs 

incurred in support of the ECCC. 

(d) NORTH KOREA.— 

(1) BROADCASTS.—Funds appropriated by this Act under 

the heading ‘‘International Broadcasting Operations’’ shall be 

made available to maintain broadcasts into North Korea at 

levels consistent with the prior fiscal year. 

(2) REFUGEES.—Funds appropriated by this Act under the 

heading ‘‘Migration and Refugee Assistance’’ shall be made 

available for assistance for refugees from North Korea, 

including protection activities in the People’s Republic of China 

and other countries in the Asia region. 

(3) DATABASE AND REPORT.—Funds appropriated by this 

Act under title III shall be made available to maintain a database of prisons and gulags in North Korea, in accordance with 

section 7032(i) of the Department of State, Foreign Operations, 

and Related Programs Appropriations Act, 2014 (division K 

of Public Law 113–76): Provided, That not later than 30 days 

after enactment of this Act, the Secretary of State shall submit 

a report to the Committees on Appropriations describing the 

sources of information and format of such database. 

(4) LIMITATION ON USE OF FUNDS.—None of the funds made 

available by this Act under the heading ‘‘Economic Support 

Fund’’ may be made available for assistance for the Government 

of North Korea. 

(e) PEOPLE’S REPUBLIC OF CHINA.— 

(1) LIMITATION ON USE OF FUNDS.—None of the funds appropriated under the heading ‘‘Diplomatic and Consular Programs’’ 

in this Act may be obligated or expended for processing licenses 

for the export of satellites of United States origin (including 

commercial satellites and satellite components) to the People’s 


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Republic of China (PRC) unless, at least 15 days in advance, 

the Committees on Appropriations are notified of such proposed 

action. 

(2) PEOPLE’S LIBERATION ARMY.—The terms and requirements of section 620(h) of the Foreign Assistance Act of 1961 

shall apply to foreign assistance projects or activities of the 

People’s Liberation Army (PLA) of the PRC, to include such 

projects or activities by any entity that is owned or controlled 

by, or an affiliate of, the PLA: Provided, That none of the 

funds appropriated or otherwise made available pursuant to 

this Act may be used to finance any grant, contract, or cooperative agreement with the PLA, or any entity that the Secretary 

of State has reason to believe is owned or controlled by, or 

an affiliate of, the PLA. 

(3) COUNTER INFLUENCE PROGRAMS.—Funds appropriated 

by this Act for public diplomacy under title I and for assistance 

under titles III and IV shall be made available to counter 

the influence of the PRC, in accordance with the strategy 

required by section 7043(e)(3) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 

2014 (division K of Public Law 113–76), following consultation 

with the Committees on Appropriations. 

(4) COST-MATCHING REQUIREMENT.—Section 7032(f) of the 

Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113– 

235) shall continue in effect during fiscal year 2016 as if part 

of this Act. 

(f) TIBET.— 

(1) FINANCING OF PROJECTS IN TIBET.—The Secretary of 

the Treasury should instruct the United States executive 

director of each international financial institution to use the 

voice and vote of the United States to support financing of 

projects in Tibet if such projects do not provide incentives 

for the migration and settlement of non-Tibetans into Tibet 

or facilitate the transfer of ownership of Tibetan land and 

natural resources to non-Tibetans, are based on a thorough 

needs-assessment, foster self-sufficiency of the Tibetan people 

and respect Tibetan culture and traditions, and are subject 

to effective monitoring. 

(2) PROGRAMS FOR TIBETAN COMMUNITIES.— 

(A) Notwithstanding any other provision of law, funds 

appropriated by this Act under the heading ‘‘Economic 

Support Fund’’ shall be made available to nongovernmental 

organizations to support activities which preserve cultural 

traditions and promote sustainable development, education, 

and environmental conservation in Tibetan communities 

in the Tibetan Autonomous Region and in other Tibetan 

communities in China. 

(B) Funds appropriated by this Act under the heading 

‘‘Economic Support Fund’’ shall be made available for programs to promote and preserve Tibetan culture, development, and the resilience of Tibetan communities in India 

and Nepal, and to assist in the education and development 

of the next generation of Tibetan leaders from such communities: Provided, That such funds are in addition to 

amounts made available in subparagraph (A) for programs 

inside Tibet. 


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(g) VIETNAM.— 

(1) DIOXIN REMEDIATION.—Funds appropriated by this Act 

under the heading ‘‘Economic Support Fund’’ shall be made 

available for remediation of dioxin contaminated sites in 

Vietnam and may be made available for assistance for the 

Government of Vietnam, including the military, for such purposes. 

(2) HEALTH AND DISABILITY PROGRAMS.—Funds appropriated by this Act under the heading ‘‘Development Assistance’’ 

shall be made available for health and disability programs 

in areas sprayed with Agent Orange and otherwise contaminated with dioxin, to assist individuals with severe upper or 

lower body mobility impairment and/or cognitive or developmental disabilities. 

SOUTH AND CENTRAL ASIA

SEC. 7044. (a) AFGHANISTAN.— 

(1) DIPLOMATIC OPERATIONS.— 

(A) FACILITIES.—Funds appropriated by this Act under 

the headings ‘‘Diplomatic and Consular Programs’’, 

‘‘Embassy Security, Construction, and Maintenance’’, and 

‘‘Operating Expenses’’ that are available for construction 

and renovation of United States Government facilities in 

Afghanistan may not be made available if the purpose 

is to accommodate Federal employee positions or to expand 

aviation facilities or assets above those notified by the 

Department of State and the United States Agency for 

International Development (USAID) to the Committees on 

Appropriations, or contractors in addition to those in place 

on the date of enactment of this Act: Provided, That the 

limitations in this paragraph shall not apply if funds are 

necessary to implement plans for accommodating other 

United States Government agencies under Chief of Mission 

authority per section 3927 of title 22, United States Code, 

or to protect such facilities or the security, health, and 

welfare of United States Government personnel. 

(B) PERSONNEL REPORT.—Not later than 30 days after 

enactment of this Act and every 120 days thereafter until 

September 30, 2016, the Secretary of State shall submit 

a report, in classified form if necessary, to the appropriate 

congressional committees detailing by agency the number 

of personnel present in Afghanistan under Chief of Mission 

authority per section 3927 of title 22, United States Code, 

at the end of the 120 day period preceding the submission 

of such report: Provided, That such report shall also include 

the number of locally employed staff and contractors supporting United States Embassy operations in Afghanistan 

during the reporting period. 

(2) ASSISTANCE AND CONDITIONS.— 

(A) FUNDING AND LIMITATIONS.—Funds appropriated 

by this Act under the headings ‘‘Economic Support Fund’’ 

and ‘‘International Narcotics Control and Law Enforcement’’ may be made available for assistance for Afghanistan: Provided, That such funds may not be obligated for 

any project or activity that— 


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(i) includes the participation of any Afghan individual or organization that the Secretary of State determines to be involved in corrupt practices or a violation 

of human rights; 

(ii) cannot be sustained, as appropriate, by the 

Government of Afghanistan or another Afghan entity; 

(iii) is inaccessible for the purposes of conducting 

regular oversight in accordance with applicable Federal 

statutes and regulations; or 

(iv) initiates any new, major infrastructure 

development. 

(B) CERTIFICATION AND REPORT.—Prior to the initial 

obligation of funds made available by this Act under the 

headings ‘‘Economic Support Fund’’ and ‘‘International Narcotics Control and Law Enforcement’’ for assistance for 

the central Government of Afghanistan, the Secretary of 

State shall certify and report to the Committees on Appropriations, after consultation with the Government of 

Afghanistan, that— 

(i) goals and benchmarks for the specific uses of 

such funds have been established by the Governments 

of the United States and Afghanistan; 

(ii) conditions are in place that increase the transparency and accountability of the Government of 

Afghanistan for funds obligated under the New 

Development Partnership; 

(iii) the Government of Afghanistan is continuing 

to implement laws and policies to govern democratically and protect the rights of individuals and civil 

society, including taking consistent steps to protect 

and advance the rights of women and girls in Afghanistan; 

(iv) the Government of Afghanistan is reducing 

corruption and prosecuting individuals alleged to be 

involved in illegal activities in Afghanistan; 

(v) monitoring and oversight frameworks for programs implemented with such funds are in accordance 

with all applicable audit policies of the Department 

of State and USAID; 

(vi) the necessary policies and procedures are in 

place to ensure Government of Afghanistan compliance 

with section 7013 of this Act; and 

(vii) the Government of Afghanistan has established processes for the public reporting of its national 

budget, including revenues and expenditures. 

(C) WAIVER.—The Secretary of State, after consultation 

with the Secretary of Defense, may waive the certification 

requirement of subparagraph (B) if the Secretary determines that to do so is important to the national security 

interest of the United States and the Secretary submits 

a report to the Committees on Appropriations, in classified 

form if necessary, on the justification for the waiver and 

the reasons why any part of the certification requirement 

of subparagraph (B) has not been met. 

(D) PROGRAMS.—Funds appropriated by this Act that 

are made available for assistance for Afghanistan shall 

be made available in the following manner— 


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(i) not less than $50,000,000 shall be made available for rule of law programs, the decisions for which 

shall be the responsibility of the Chief of Mission, 

in consultation with other appropriate United States 

Government officials in Afghanistan; 

(ii) for programs that protect the rights of women 

and girls and promote the political and economic 

empowerment of women, including their meaningful 

inclusion in political processes: Provided, That such 

assistance to promote economic empowerment of 

women shall be made available as grants to Afghan 

and international organizations, to the maximum 

extent practicable; 

(iii) for programs in South and Central Asia to 

expand linkages between Afghanistan and countries 

in the region, subject to the regular notification procedures of the Committees on Appropriations; and 

(iv) to assist the Government of Afghanistan to 

increase revenue collection and expenditure. 

(3) GOALS AND BENCHMARKS.—Not later than 90 days after 

enactment of this Act, the Secretary of State shall submit 

to the appropriate congressional committees a report describing 

the goals and benchmarks required in clause (2)(B)(i): Provided, 

That not later than 6 months after the submission of such 

report and every 6 months thereafter until September 30, 2017, 

the Secretary of State shall submit a report to such committees 

on the status of achieving such goals and benchmarks: Provided 

further, That the Secretary of State should suspend assistance 

for the Government of Afghanistan if any report required by 

this paragraph indicates that such government is failing to 

make measurable progress in meeting such goals and benchmarks. 

(4) AUTHORITIES.— 

(A) Funds appropriated by this Act under title III 

through VI that are made available for assistance for 

Afghanistan may be made available— 

(i) notwithstanding section 7012 of this Act or 

any similar provision of law and section 660 of the 

Foreign Assistance Act of 1961; 

(ii) for reconciliation programs and disarmament, 

demobilization, and reintegration activities for former 

combatants who have renounced violence against the 

Government of Afghanistan, in accordance with section 

7046(a)(2)(B)(ii) of the Department of State, Foreign 

Operations, and Related Programs Appropriations Act, 

2012 (division I of Public Law 112–74); and 

(iii) for an endowment to empower women and 

girls. 

(B) Section 7046(a)(2)(A) of division I of Public Law 

112–74 shall apply to funds appropriated by this Act for 

assistance for Afghanistan. 

(C) Section 1102(c) of the Supplemental Appropriations 

Act, 2009 (title XI of Public Law 111–32) shall continue 

in effect during fiscal year 2016 as if part of this Act. 


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(5) BASING RIGHTS AGREEMENT.—None of the funds made 

available by this Act may be used by the United States Government to enter into a permanent basing rights agreement 

between the United States and Afghanistan. 

(b) BANGLADESH.—Funds appropriated by this Act under the 

heading ‘‘Development Assistance’’ that are made available for 

assistance for Bangladesh shall be made available for programs 

to protect due process of law, and to improve labor conditions 

by strengthening the capacity of independent workers’ organizations 

in Bangladesh’s readymade garment, shrimp, and fish export sectors. 

(c) NEPAL.— 

(1) BILATERAL ECONOMIC ASSISTANCE.—Funds appropriated 

by this Act shall be made available for assistance for Nepal 

for earthquake recovery and reconstruction programs: Provided, 

That such amounts shall be in addition to funds made available 

by this Act for development and democracy programs in Nepal: 

Provided further, That funds made available for earthquake 

recovery and reconstruction programs should— 

(A) target affected communities on an equitable basis; 

and 

(B) include sufficient oversight mechanisms, to include 

the participation of civil society organizations. 

(2) FOREIGN MILITARY FINANCING PROGRAM.—Funds appropriated by this Act under the heading ‘‘Foreign Military 

Financing Program’’ shall only be made available for humanitarian and disaster relief and reconstruction activities in Nepal, 

and in support of international peacekeeping operations: Provided, That such funds may only be made available for any 

additional uses if the Secretary of State certifies and reports 

to the Committees on Appropriations that the Government 

of Nepal is investigating and prosecuting violations of human 

rights and the law of war, and the Nepal Army is cooperating 

fully with civilian judicial authorities on such efforts. 

(d) PAKISTAN.— 

(1) CERTIFICATION REQUIREMENT.—None of the funds appropriated or otherwise made available by this Act under the 

headings ‘‘Economic Support Fund’’, ‘‘International Narcotics 

Control and Law Enforcement’’, and ‘‘Foreign Military 

Financing Program’’ for assistance for the Government of Pakistan may be made available unless the Secretary of State 

certifies and reports to the Committees on Appropriations that 

the Government of Pakistan is— 

(A) cooperating with the United States in counterterrorism efforts against the Haqqani Network, the Quetta 

Shura Taliban, Lashkar e-Tayyiba, Jaish-e-Mohammed, AlQaeda, and other domestic and foreign terrorist organizations, including taking effective steps to end support for 

such groups and prevent them from basing and operating 

in Pakistan and carrying out cross border attacks into 

neighboring countries; 

(B) not supporting terrorist activities against United 

States or coalition forces in Afghanistan, and Pakistan’s 

military and intelligence agencies are not intervening 

extra-judicially into political and judicial processes in Pakistan; 


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(C) dismantling improvised explosive device (IED) networks and interdicting precursor chemicals used in the 

manufacture of IEDs; 

(D) preventing the proliferation of nuclear-related 

material and expertise; 

(E) issuing visas in a timely manner for United States 

visitors engaged in counterterrorism efforts and assistance 

programs in Pakistan; and 

(F) providing humanitarian organizations access to 

detainees, internally displaced persons, and other Pakistani 

civilians affected by the conflict. 

(2) WAIVER.—The Secretary of State, after consultation 

with the Secretary of Defense, may waive the certification 

requirement of paragraph (1) if the Secretary of State determines that to do so is important to the national security interest 

of the United States and the Secretary submits a report to 

the Committees on Appropriations, in classified form if necessary, on the justification for the waiver and the reasons 

why any part of the certification requirement of paragraph 

(1) has not been met. 

(3) ASSISTANCE.— 

(A) Funds appropriated by this Act under the heading 

‘‘Foreign Military Financing Program’’ for assistance for 

Pakistan may be made available only to support counterterrorism and counterinsurgency capabilities in Pakistan. 

(B) Funds appropriated by this Act under the headings 

‘‘Economic Support Fund’’ and ‘‘Nonproliferation, Anti-terrorism, Demining and Related Programs’’ that are available 

for assistance for Pakistan shall be made available to interdict precursor materials from Pakistan to Afghanistan that 

are used to manufacture IEDs, including calcium ammonium nitrate; to support programs to train border and 

customs officials in Pakistan and Afghanistan; and for agricultural extension programs that encourage alternative fertilizer use among Pakistani farmers. 

(C) Funds appropriated by this Act under the heading 

‘‘Economic Support Fund’’ that are made available for 

assistance for infrastructure projects in Pakistan shall be 

implemented in a manner consistent with section 507(6) 

of the Trade Act of 1974 (19 U.S.C. 2467(6)). 

(D) Funds appropriated by this Act under titles III 

and IV for assistance for Pakistan may be made available 

notwithstanding any other provision of law, except for this 

subsection and section 620M of the Foreign Assistance 

Act of 1961. 

(E) Of the funds appropriated under title III of this 

Act that are made available for assistance for Pakistan, 

$33,000,000 shall be withheld from obligation until the 

Secretary of State reports to the Committees on Appropriations that Dr. Shakil Afridi has been released from prison 

and cleared of all charges relating to the assistance provided to the United States in locating Osama bin Laden. 

(4) SCHOLARSHIPS FOR WOMEN.—The authority and directives of section 7044(d)(4) of the Department of State, Foreign 

Operations, and Related Programs Appropriations Act, 2015 


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(division J of Public Law 113–235) shall apply to funds appropriated by this Act that are made available for assistance 

for Pakistan. 

(5) REPORTS.— 

(A)(i) The spend plan required by section 7076 of this 

Act for assistance for Pakistan shall include achievable 

and sustainable goals, benchmarks for measuring progress, 

and expected results regarding combating poverty and furthering development in Pakistan, countering terrorism and 

extremism, and establishing conditions conducive to the 

rule of law and transparent and accountable governance: 

Provided, That such benchmarks may incorporate those 

required in title III of the Enhanced Partnership with 

Pakistan Act of 2009 (22 U.S.C. 8441 et seq.), as appropriate: Provided further, That not later than 6 months 

after submission of such spend plan, and each 6 months 

thereafter until September 30, 2017, the Secretary of State 

shall submit a report to the Committees on Appropriations 

on the status of achieving the goals and benchmarks in 

such plan. 

(ii) The Secretary of State should suspend assistance 

for the Government of Pakistan if any report required 

by clause (i) indicates that Pakistan is failing to make 

measurable progress in meeting such goals or benchmarks. 

(B) Not later than 90 days after enactment of this 

Act, the Secretary of State shall submit a report to the 

Committees on Appropriations detailing the costs and 

objectives associated with significant infrastructure projects 

supported by the United States in Pakistan, and an assessment of the extent to which such projects achieve such 

objectives. 

(6) OVERSIGHT.—The Secretary of State shall take all practicable steps to ensure that mechanisms are in place for monitoring, oversight, and control of funds made available by this 

subsection for assistance for Pakistan. 

(e) SRI LANKA.— 

(1) BILATERAL ECONOMIC ASSISTANCE.—Funds appropriated 

by this Act under the heading ‘‘Economic Support Fund’’ shall 

be made available for assistance for Sri Lanka for democracy 

and economic development programs, particularly in areas 

recovering from ethnic and religious conflict: Provided, That 

such funds shall be made available for programs to assist 

in the identification and resolution of cases of missing persons. 

(2) CERTIFICATION.—Funds appropriated by this Act for 

assistance for the central Government of Sri Lanka may be 

made available only if the Secretary of State certifies and 

reports to the Committees on Appropriations that the Government of Sri Lanka is continuing to— 

(A) address the underlying causes of conflict in Sri 

Lanka; and 

(B) increase accountability and transparency in governance. 

(3) INTERNATIONAL SECURITY ASSISTANCE.—Funds appropriated under title IV of this Act that are available for assistance for Sri Lanka shall be subject to the following conditions— 


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(A) funds under the heading ‘‘Foreign Military 

Financing Program’’ may only be made available for programs to redeploy, restructure, and reduce the size of the 

Sri Lankan armed forces and shall not exceed $400,000; 

(B) funds under the heading ‘‘International Military 

Education and Training’’ may only be made available for 

training related to international peacekeeping operations 

and Expanded International Military Education and 

Training; and 

(C) funds under the heading ‘‘Peacekeeping Operations’’ may only be made available for training related 

to international peacekeeping operations. 

(f) REGIONAL PROGRAMS.— (1) Funds appropriated by this Act under the heading ‘‘Economic Support Fund’’ for assistance for Afghanistan and Pakistan may be provided, notwithstanding any other provision 

of law that restricts assistance to foreign countries, for cross 

border stabilization and development programs between 

Afghanistan and Pakistan, or between either country and the 

Central Asian countries. 

(2) Funds appropriated by this Act under the headings 

‘‘Economic Support Fund’’, ‘‘International Narcotics Control and 

Law Enforcement’’, and ‘‘Assistance for Europe, Eurasia and 

Central Asia’’ that are available for assistance for countries 

in South and Central Asia shall be made available to enhance 

the recruitment, retention, and professionalism of women in 

the judiciary, police, and other security forces. 

WESTERN HEMISPHERE

SEC. 7045. (a) UNITED STATES ENGAGEMENT IN CENTRAL

AMERICA.— 

(1) FUNDING.—Subject to the requirements of this subsection, of the funds appropriated under titles III and IV of 

this Act, up to $750,000,000 may be made available for assistance for countries in Central America to implement the United 

States Strategy for Engagement in Central America (the 

Strategy) in support of the Plan of the Alliance for Prosperity 

in the Northern Triangle of Central America (the Plan): Provided, That the Secretary of State and Administrator of the 

United States Agency for International Development (USAID) 

shall prioritize such assistance to address the key factors in 

such countries contributing to the migration of unaccompanied, 

undocumented minors to the United States: Provided further, 

That such funds shall be made available to the maximum 

extent practicable on a cost-matching basis. 

(2) PRE-OBLIGATION REQUIREMENTS.—Prior to the obligation 

of funds made available pursuant to paragraph (1), the Secretary of State shall submit to the Committees on Appropriations a multi-year spend plan specifying the proposed uses 

of such funds in each country and the objectives, indicators 

to measure progress, and a timeline to implement the Strategy, 

and the amounts made available from prior Acts making appropriations for the Department of State, foreign operations, and 

related programs to support such Strategy: Provided, That such 

spend plan shall also include a description of how such assistance will differ from, complement, and leverage funds allocated 


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by each government and other donors, including international 

financial institutions. 

(3) ASSISTANCE FOR THE CENTRAL GOVERNMENTS OF EL SALVADOR, GUATEMALA, AND HONDURAS.—Of the funds made available pursuant to paragraph (1) that are available for assistance 

for each of the central governments of El Salvador, Guatemala, 

and Honduras, the following amounts shall be withheld from 

obligation and may only be made available as follows: 

(A) 25 percent may only be obligated after the Secretary of State certifies and reports to the appropriate 

congressional committees that such government is taking 

effective steps to— 

(i) inform its citizens of the dangers of the journey 

to the southwest border of the United States; 

(ii) combat human smuggling and trafficking; 

(iii) improve border security; and 

(iv) cooperate with United States Government 

agencies and other governments in the region to facilitate the return, repatriation, and reintegration of 

illegal migrants arriving at the southwest border of 

the United States who do not qualify as refugees, consistent with international law. 

(B) An additional 50 percent may only be obligated 

after the Secretary of State certifies and reports to the 

appropriate congressional committees that such government is taking effective steps to— 

(i) establish an autonomous, publicly accountable 

entity to provide oversight of the Plan; 

(ii) combat corruption, including investigating and 

prosecuting government officials credibly alleged to be 

corrupt; 

(iii) implement reforms, policies, and programs to 

improve transparency and strengthen public institutions, including increasing the capacity and independence of the judiciary and the Office of the Attorney 

General; 

(iv) establish and implement a policy that local 

communities, civil society organizations (including 

indigenous and other marginalized groups), and local 

governments are consulted in the design, and participate in the implementation and evaluation of, activities 

of the Plan that affect such communities, organizations, 

and governments; 

(v) counter the activities of criminal gangs, drug 

traffickers, and organized crime; 

(vi) investigate and prosecute in the civilian justice 

system members of military and police forces who are 

credibly alleged to have violated human rights, and 

ensure that the military and police are cooperating 

in such cases; 

(vii) cooperate with commissions against impunity, 

as appropriate, and with regional human rights entities; 

(viii) support programs to reduce poverty, create 

jobs, and promote equitable economic growth in areas 

contributing to large numbers of migrants; 


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(ix) establish and implement a plan to create a 

professional, accountable civilian police force and curtail the role of the military in internal policing; 

(x) protect the right of political opposition parties, 

journalists, trade unionists, human rights defenders, 

and other civil society activists to operate without 

interference; 

(xi) increase government revenues, including by 

implementing tax reforms and strengthening customs 

agencies; and 

(xii) resolve commercial disputes, including the 

confiscation of real property, between United States 

entities and such government. 

(4) SUSPENSION OF ASSISTANCE AND PERIODIC REVIEW.— (A) The Secretary of State shall periodically review 

the progress of each of the central governments of El Salvador, Guatemala, and Honduras in meeting the requirements of paragraphs (3)(A) and (3)(B) and shall, not later 

than September 30, 2016, submit to the appropriate 

congressional committees a report assessing such progress: 

Provided, That if the Secretary determines that sufficient 

progress has not been made by a central government, the 

Secretary shall suspend, in whole or in part, assistance 

for such government for programs supporting such requirement, and shall notify such committees in writing of such 

action: Provided further, That the Secretary may resume 

funding for such programs only after the Secretary certifies 

to such committees that corrective measures have been 

taken. 

(B) The Secretary of State shall, following a change 

of national government in El Salvador, Guatemala, or Honduras, determine and report to the appropriate congressional committees that any new government has committed 

to take the steps to meet the requirements of paragraphs 

(3)(A) and (3)(B): Provided, That if the Secretary is unable 

to make such a determination in a timely manner, assistance made available under this subsection for such central 

government shall be suspended, in whole or in part, until 

such time as such determination and report can be made. 

(5) PROGRAMS AND TRANSFER OF FUNDS.— 

(A) Funds appropriated by this Act for the Central 

America Regional Security Initiative may be made available, after consultation with, and subject to the regular 

notification procedures of, the Committees on Appropriations, to support international commissions against impunity in Honduras and El Salvador, if such commissions 

are established. 

(B) The Department of State and USAID may, following consultation with the Committees on Appropriations, transfer funds made available by this Act under 

the heading ‘‘Development Assistance’’ to the Inter-American Development Bank and the Inter-American Foundation for technical assistance in support of the Strategy. 

(b) COLOMBIA.— 

(1) ASSISTANCE.—Funds appropriated by this Act and made 

available to the Department of State for assistance for the 

Government of Colombia may be used to support a unified 


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campaign against narcotics trafficking, organizations designated as Foreign Terrorist Organizations, and other criminal 

or illegal armed groups, and to take actions to protect human 

health and welfare in emergency circumstances, including 

undertaking rescue operations: Provided, That the first through 

fifth provisos of paragraph (1), and paragraph (3) of section 

7045(a) of the Department of State, Foreign Operations, and 

Related Programs Appropriations Act, 2012 (division I of Public 

Law 112–74) shall continue in effect during fiscal year 2016 

and shall apply to funds appropriated by this Act and made 

available for assistance for Colombia as if included in this 

Act: Provided further, That of the funds appropriated by this 

Act under the heading ‘‘Economic Support Fund’’, not less than 

$133,000,000 shall be made available for assistance for 

Colombia, of which not less than $126,000,000 shall be apportioned directly to the United States Agency for International 

Development, and $7,000,000 shall be transferred to, and 

merged with, funds appropriated by this Act under the heading 

‘‘Migration and Refugee Assistance’’ for assistance for Colombian refugees in neighboring countries. 

(2)(A) Of the funds appropriated by this Act under the 

heading ‘‘Foreign Military Financing Program’’ for assistance 

for Colombia, 19 percent may be obligated only in accordance 

with the conditions under section 7045 in the explanatory statement described in section 4 (in the matter preceding division 

A of this Consolidated Act). 

(B) The limitations of this paragraph shall not apply to 

funds made available under such heading for aviation instruction and maintenance, and maritime security programs. 

(3) NOTIFICATION.—Funds appropriated by this Act that 

are made available for assistance for Colombia to support the 

implementation of a peace agreement shall be subject to prior 

consultation with, and the regular notification procedures of, 

the Committees on Appropriations. 

(c) HAITI.— 

(1) FUNDING.—Of the funds appropriated by this Act, not 

more than $191,413,000 may be made available for assistance 

for Haiti. 

(2) GOVERNANCE CERTIFICATION.—Funds made available in 

paragraph (1) may not be made available for assistance for 

the central Government of Haiti unless the Secretary of State 

certifies and reports to the Committees on Appropriations that 

the Government of Haiti is taking effective steps to— 

(A) hold free and fair parliamentary elections and seat 

a new Haitian Parliament; 

(B) strengthen the rule of law in Haiti, including by 

selecting judges in a transparent manner; respect the 

independence of the judiciary; and improve governance by 

implementing reforms to increase transparency and 

accountability; 

(C) combat corruption, including by implementing the 

anti-corruption law enacted in 2014 and prosecuting corrupt officials; and 

(D) increase government revenues, including by implementing tax reforms, and increase expenditures on public 

services. 


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(3) HAITIAN COAST GUARD.—The Government of Haiti shall 

be eligible to purchase defense articles and services under 

the Arms Export Control Act (22 U.S.C. 2751 et seq.) for the 

Coast Guard. 

(d) AIRCRAFT OPERATIONS AND MAINTENANCE.—To the maximum extent practicable, the costs of operations and maintenance, 

including fuel, of aircraft funded by this Act should be borne by 

the recipient country. 

PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS

SEC. 7046. None of the funds appropriated or made available 

pursuant to titles III through VI of this Act for carrying out the 

Foreign Assistance Act of 1961, may be used to pay in whole 

or in part any assessments, arrearages, or dues of any member 

of the United Nations or, from funds appropriated by this Act 

to carry out chapter 1 of part I of the Foreign Assistance Act 

of 1961, the costs for participation of another country’s delegation 

at international conferences held under the auspices of multilateral 

or international organizations. 

WAR CRIMES TRIBUNALS

SEC. 7047. If the President determines that doing so will contribute to a just resolution of charges regarding genocide or other 

violations of international humanitarian law, the President may 

direct a drawdown pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up to $30,000,000 of commodities and services 

for the United Nations War Crimes Tribunal established with 

regard to the former Yugoslavia by the United Nations Security 

Council or such other tribunals or commissions as the Council 

may establish or authorize to deal with such violations, without 

regard to the ceiling limitation contained in paragraph (2) thereof: 

Provided, That the determination required under this section shall 

be in lieu of any determinations otherwise required under section 

552(c): Provided further, That funds made available pursuant to 

this section shall be made available subject to the regular notification procedures of the Committees on Appropriations. 

UNITED NATIONS

SEC. 7048. (a) TRANSPARENCY AND ACCOUNTABILITY.— 

(1) Of the funds appropriated under title I and under 

the heading ‘‘International Organizations and Programs’’ in 

title V of this Act that are available for contributions to the 

United Nations (including the Department of Peacekeeping 

Operations), any United Nations agency, or the Organization 

of American States, 15 percent may not be obligated for such 

organization, department, or agency until the Secretary of State 

reports to the Committees on Appropriations that the organization, department, or agency is— 

(A) posting on a publicly available Web site, consistent 

with privacy regulations and due process, regular financial 

and programmatic audits of such organization, department, 

or agency, and providing the United States Government 

with necessary access to such financial and performance 

audits; and 


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(B) effectively implementing and enforcing policies and 

procedures which reflect best practices for the protection 

of whistleblowers from retaliation, including best practices 

for— 

(i) protection against retaliation for internal and 

lawful public disclosures; 

(ii) legal burdens of proof; 

(iii) statutes of limitation for reporting retaliation; 

(iv) access to independent adjudicative bodies, 

including external arbitration; and 

(v) results that eliminate the effects of proven 

retaliation. 

(2) The restrictions imposed by or pursuant to paragraph 

(1) may be waived on a case-by-case basis if the Secretary 

of State determines and reports to the Committees on Appropriations that such waiver is necessary to avert or respond 

to a humanitarian crisis. 

(b) RESTRICTIONS ON UNITED NATIONS DELEGATIONS AND

ORGANIZATIONS.— 

(1) None of the funds made available under title I of this 

Act may be used to pay expenses for any United States delegation to any specialized agency, body, or commission of the 

United Nations if such agency, body, or commission is chaired 

or presided over by a country, the government of which the 

Secretary of State has determined, for purposes of section 6(j)(1) 

of the Export Administration Act of 1979 as continued in effect 

pursuant to the International Emergency Economic Powers Act 

(50 U.S.C. App. 2405(j)(1)), supports international terrorism. 

(2) None of the funds made available under title I of this 

Act may be used by the Secretary of State as a contribution 

to any organization, agency, commission, or program within 

the United Nations system if such organization, agency, 

commission, or program is chaired or presided over by a country 

the government of which the Secretary of State has determined, 

for purposes of section 620A of the Foreign Assistance Act 

of 1961, section 40 of the Arms Export Control Act, section 

6(j)(1) of the Export Administration Act of 1979, or any other 

provision of law, is a government that has repeatedly provided 

support for acts of international terrorism. 

(3) The Secretary of State may waive the restriction in 

this subsection if the Secretary reports to the Committees on 

Appropriations that to do so is in the national interest of 

the United States. 

(c) UNITED NATIONS HUMAN RIGHTS COUNCIL.—None of the 

funds appropriated by this Act may be made available in support 

of the United Nations Human Rights Council unless the Secretary 

of State determines and reports to the Committees on Appropriations that participation in the Council is important to the national 

interest of the United States and that the Council is taking steps 

to remove Israel as a permanent agenda item: Provided, That 

such report shall include a description of the national interest 

served and the steps taken to remove Israel as a permanent agenda 

item: Provided further, That the Secretary of State shall report 

to the Committees on Appropriations not later than September 

30, 2016, on the resolutions considered in the United Nations 

Human Rights Council during the previous 12 months, and on 

steps taken to remove Israel as a permanent agenda item. 


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129 STAT. 2800 PUBLIC LAW 114–113—DEC. 18, 2015 

(d) UNITED NATIONS RELIEF AND WORKS AGENCY.—Not later 

than 45 days after enactment of this Act, the Secretary of State 

shall submit a report in writing to the Committees on Appropriations on whether the United Nations Relief and Works Agency 

(UNRWA) is— 

(1) utilizing Operations Support Officers in the West Bank, 

Gaza, and other fields of operation to inspect UNRWA installations and reporting any inappropriate use; 

(2) acting promptly to address any staff or beneficiary 

violation of its own policies (including the policies on neutrality 

and impartiality of employees) and the legal requirements 

under section 301(c) of the Foreign Assistance Act of 1961; 

(3) implementing procedures to maintain the neutrality 

of its facilities, including implementing a no-weapons policy, 

and conducting regular inspections of its installations, to ensure 

they are only used for humanitarian or other appropriate purposes; 

(4) taking necessary and appropriate measures to ensure 

it is operating in compliance with the conditions of section 

301(c) of the Foreign Assistance Act of 1961 and continuing 

regular reporting to the Department of State on actions it 

has taken to ensure conformance with such conditions; 

(5) taking steps to ensure the content of all educational 

materials currently taught in UNRWA-administered schools 

and summer camps is consistent with the values of human 

rights, dignity, and tolerance and does not induce incitement; 

(6) not engaging in operations with financial institutions 

or related entities in violation of relevant United States law, 

and is taking steps to improve the financial transparency of 

the organization; and 

(7) in compliance with the United Nations Board of Auditors’ biennial audit requirements and is implementing in a 

timely fashion the Board’s recommendations. 

(e) UNITED NATIONS CAPITAL MASTER PLAN.—None of the funds 

made available in this Act may be used for the design, renovation, 

or construction of the United Nations Headquarters in New York. 

(f) WITHHOLDING REPORT.—Not later than 45 days after enactment of this Act, the Secretary of State shall submit a report 

to the Committees on Appropriations detailing the amount of funds 

available for obligation or expenditure in fiscal year 2016 for contributions to any organization, department, agency, or program 

within the United Nations system or any international program 

that are withheld from obligation or expenditure due to any provision of law: Provided, That the Secretary of State shall update 

such report each time additional funds are withheld by operation 

of any provision of law: Provided further, That the reprogramming 

of any withheld funds identified in such report, including updates 

thereof, shall be subject to prior consultation with, and the regular 

notification procedures of, the Committees on Appropriations. 

COMMUNITY-BASED POLICE ASSISTANCE

SEC. 7049. (a) AUTHORITY.—Funds made available by titles 

III and IV of this Act to carry out the provisions of chapter 1 

of part I and chapters 4 and 6 of part II of the Foreign Assistance 

Act of 1961, may be used, notwithstanding section 660 of that 

Act, to enhance the effectiveness and accountability of civilian police 


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authority through training and technical assistance in human 

rights, the rule of law, anti-corruption, strategic planning, and 

through assistance to foster civilian police roles that support democratic governance, including assistance for programs to prevent 

conflict, respond to disasters, address gender-based violence, and 

foster improved police relations with the communities they serve. 

(b) NOTIFICATION.—Assistance provided under subsection (a) 

shall be subject to the regular notification procedures of the 

Committees on Appropriations. 

PROHIBITION ON PROMOTION OF TOBACCO

SEC. 7050. None of the funds provided by this Act shall be 

available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country 

of restrictions on the marketing of tobacco or tobacco products, 

except for restrictions which are not applied equally to all tobacco 

or tobacco products of the same type. 

INTERNATIONAL CONFERENCES

SEC. 7051. None of the funds made available in this Act may 

be used to send or otherwise pay for the attendance of more than 

50 employees of agencies or departments of the United States 

Government who are stationed in the United States, at any single 

international conference occurring outside the United States, unless 

the Secretary of State reports to the Committees on Appropriations 

at least 5 days in advance that such attendance is important 

to the national interest: Provided, That for purposes of this section 

the term ‘‘international conference’’ shall mean a conference 

attended by representatives of the United States Government and 

of foreign governments, international organizations, or nongovernmental organizations. 

AIRCRAFT TRANSFER AND COORDINATION

SEC. 7052. (a) TRANSFER AUTHORITY.—Notwithstanding any 

other provision of law or regulation, aircraft procured with funds 

appropriated by this Act and prior Acts making appropriations 

for the Department of State, foreign operations, and related programs under the headings ‘‘Diplomatic and Consular Programs’’, 

‘‘International Narcotics Control and Law Enforcement’’, ‘‘Andean 

Counterdrug Initiative’’, and ‘‘Andean Counterdrug Programs’’ may 

be used for any other program and in any region, including for 

the transportation of active and standby Civilian Response Corps 

personnel and equipment during a deployment: Provided, That the 

responsibility for policy decisions and justification for the use of 

such transfer authority shall be the responsibility of the Secretary 

of State and the Deputy Secretary of State and this responsibility 

shall not be delegated. 

(b) PROPERTY DISPOSAL.—The authority provided in subsection 

(a) shall apply only after the Secretary of State determines and 

reports to the Committees on Appropriations that the equipment 

is no longer required to meet programmatic purposes in the designated country or region: Provided, That any such transfer shall 

be subject to prior consultation with, and the regular notification 

procedures of, the Committees on Appropriations. 

(c) AIRCRAFT COORDINATION.— 


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(1) The uses of aircraft purchased or leased by the Department of State and the United States Agency for International 

Development (USAID) with funds made available in this Act 

or prior Acts making appropriations for the Department of 

State, foreign operations, and related programs shall be coordinated under the authority of the appropriate Chief of Mission: 

Provided, That such aircraft may be used to transport, on 

a reimbursable or non-reimbursable basis, Federal and nonFederal personnel supporting Department of State and USAID 

programs and activities: Provided further, That official travel 

for other agencies for other purposes may be supported on 

a reimbursable basis, or without reimbursement when traveling 

on a space available basis: Provided further, That funds received 

by the Department of State for the use of aircraft owned, 

leased, or chartered by the Department of State may be credited 

to the Working Capital Fund of the Department and shall 

be available for expenses related to the purchase, lease, maintenance, chartering, or operation of such aircraft. 

(2) The requirement and authorities of this subsection shall 

only apply to aircraft, the primary purpose of which is the 

transportation of personnel. 

PARKING FINES AND REAL PROPERTY TAXES OWED BY FOREIGN

GOVERNMENTS

SEC. 7053. The terms and conditions of section 7055 of the 

Department of State, Foreign Operations, and Related Programs 

Appropriations Act, 2011 (division F of Public Law 111–117) shall 

apply to this Act: Provided, That the date ‘‘September 30, 2009’’ 

in subsection (f)(2)(B) of such section shall be deemed to be ‘‘September 30, 2015’’. 

LANDMINES AND CLUSTER MUNITIONS

SEC. 7054. (a) LANDMINES.—Notwithstanding any other provision of law, demining equipment available to the United States 

Agency for International Development and the Department of State 

and used in support of the clearance of landmines and unexploded 

ordnance for humanitarian purposes may be disposed of on a grant 

basis in foreign countries, subject to such terms and conditions 

as the Secretary of State may prescribe. 

(b) CLUSTER MUNITIONS.—No military assistance shall be furnished for cluster munitions, no defense export license for cluster 

munitions may be issued, and no cluster munitions or cluster munitions technology shall be sold or transferred, unless— 

(1) the submunitions of the cluster munitions, after arming, 

do not result in more than 1 percent unexploded ordnance 

across the range of intended operational environments, and 

the agreement applicable to the assistance, transfer, or sale 

of such cluster munitions or cluster munitions technology specifies that the cluster munitions will only be used against clearly 

defined military targets and will not be used where civilians 

are known to be present or in areas normally inhabited by 

civilians; or 

(2) such assistance, license, sale, or transfer is for the 

purpose of demilitarizing or permanently disposing of such 

cluster munitions. 


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PROHIBITION ON PUBLICITY OR PROPAGANDA

SEC. 7055. No part of any appropriation contained in this 

Act shall be used for publicity or propaganda purposes within 

the United States not authorized before the date of the enactment 

of this Act by Congress: Provided, That not to exceed $25,000 

may be made available to carry out the provisions of section 316 

of the International Security and Development Cooperation Act 

of 1980 (Public Law 96–533). 

CONSULAR IMMUNITY

SEC. 7056. The Secretary of State, with the concurrence of 

the Attorney General, may, on the basis of reciprocity and under 

such terms and conditions as the Secretary may determine, specify 

privileges and immunities for a consular post, the members of 

a consular post and their families which result in more favorable 

or less favorable treatment than is provided in the Vienna Convention on Consular Relations, of April 24, 1963 (T.I.A.S. 6820), entered 

into force for the United States December 24, 1969: Provided, That 

prior to exercising the authority of this section, the Secretary shall 

consult with the appropriate congressional committees on the circumstances that may warrant the need for privileges and immunities providing more favorable or less favorable treatment specified 

under such Convention. 

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

MANAGEMENT

SEC. 7057. (a) AUTHORITY.—Up to $93,000,000 of the funds 

made available in title III of this Act pursuant to or to carry 

out the provisions of part I of the Foreign Assistance Act of 1961, 

including funds appropriated under the heading ‘‘Assistance for 

Europe, Eurasia and Central Asia’’, may be used by the United 

States Agency for International Development (USAID) to hire and 

employ individuals in the United States and overseas on a limited 

appointment basis pursuant to the authority of sections 308 and 

309 of the Foreign Service Act of 1980. 

(b) RESTRICTIONS.— 

(1) The number of individuals hired in any fiscal year 

pursuant to the authority contained in subsection (a) may not 

exceed 175. 

(2) The authority to hire individuals contained in subsection 

(a) shall expire on September 30, 2017. 

(c) CONDITIONS.—The authority of subsection (a) should only 

be used to the extent that an equivalent number of positions that 

are filled by personal services contractors or other non-direct hire 

employees of USAID, who are compensated with funds appropriated 

to carry out part I of the Foreign Assistance Act of 1961, including 

funds appropriated under the heading ‘‘Assistance for Europe, Eurasia and Central Asia’’, are eliminated. 

(d) PROGRAM ACCOUNT CHARGED.—The account charged for 

the cost of an individual hired and employed under the authority 

of this section shall be the account to which the responsibilities 

of such individual primarily relate: Provided, That funds made 

available to carry out this section may be transferred to, and 

merged with, funds appropriated by this Act in title II under 

the heading ‘‘Operating Expenses’’. 

22 USC 3948 

note. 

22 USC 3948 

note. 

22 USC 3948 

note. 

22 USC 3948 

note. 


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(e) FOREIGN SERVICE LIMITED EXTENSIONS.—Individuals hired 

and employed by USAID, with funds made available in this Act 

or prior Acts making appropriations for the Department of State, 

foreign operations, and related programs, pursuant to the authority 

of section 309 of the Foreign Service Act of 1980, may be extended 

for a period of up to 4 years notwithstanding the limitation set 

forth in such section. 

(f) DISASTER SURGE CAPACITY.—Funds appropriated under title 

III of this Act to carry out part I of the Foreign Assistance Act 

of 1961, including funds appropriated under the heading ‘‘Assistance 

for Europe, Eurasia and Central Asia’’, may be used, in addition 

to funds otherwise available for such purposes, for the cost 

(including the support costs) of individuals detailed to or employed 

by USAID whose primary responsibility is to carry out programs 

in response to natural disasters, or man-made disasters subject 

to the regular notification procedures of the Committees on Appropriations. 

(g) PERSONAL SERVICES CONTRACTORS.—Funds appropriated by 

this Act to carry out chapter 1 of part I, chapter 4 of part II, 

and section 667 of the Foreign Assistance Act of 1961, and title 

II of the Food for Peace Act (Public Law 83–480), may be used 

by USAID to employ up to 40 personal services contractors in 

the United States, notwithstanding any other provision of law, 

for the purpose of providing direct, interim support for new or 

expanded overseas programs and activities managed by the agency 

until permanent direct hire personnel are hired and trained: Provided, That not more than 15 of such contractors shall be assigned 

to any bureau or office: Provided further, That such funds appropriated to carry out title II of the Food for Peace Act (Public 

Law 83–480), may be made available only for personal services 

contractors assigned to the Office of Food for Peace. 

(h) SMALL BUSINESS.—In entering into multiple award indefinite-quantity contracts with funds appropriated by this Act, USAID 

may provide an exception to the fair opportunity process for placing 

task orders under such contracts when the order is placed with 

any category of small or small disadvantaged business. 

(i) SENIOR FOREIGN SERVICE LIMITED APPOINTMENTS.—Individuals hired pursuant to the authority provided by section 7059(o) 

of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2011 (division F of Public Law 111– 

117) may be assigned to or support programs in Afghanistan or 

Pakistan with funds made available in this Act and prior Acts 

making appropriations for the Department of State, foreign operations, and related programs. 

GLOBAL HEALTH ACTIVITIES

SEC. 7058. (a) IN GENERAL.—Funds appropriated by titles III 

and IV of this Act that are made available for bilateral assistance 

for child survival activities or disease programs including activities 

relating to research on, and the prevention, treatment and control 

of, HIV/AIDS may be made available notwithstanding any other 

provision of law except for provisions under the heading ‘‘Global 

Health Programs’’ and the United States Leadership Against HIV/ 

AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 

U.S.C. 7601 et seq.), as amended: Provided, That of the funds 

appropriated under title III of this Act, not less than $575,000,000 

22 USC 3948 

note. 


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should be made available for family planning/reproductive health, 

including in areas where population growth threatens biodiversity 

or endangered species. 

(b) GLOBAL FUND.—Of the funds appropriated by this Act that 

are available for a contribution to the Global Fund to Fight AIDS, 

Tuberculosis and Malaria (Global Fund), 10 percent should be withheld from obligation until the Secretary of State determines and 

reports to the Committees on Appropriations that the Global Fund 

is— 

(1) maintaining and implementing a policy of transparency, 

including the authority of the Global Fund Office of the 

Inspector General (OIG) to publish OIG reports on a public 

Web site; 

(2) providing sufficient resources to maintain an independent OIG that— 

(A) reports directly to the Board of the Global Fund; 

(B) maintains a mandate to conduct thorough investigations and programmatic audits, free from undue interference; and 

(C) compiles regular, publicly published audits and 

investigations of financial, programmatic, and reporting 

aspects of the Global Fund, its grantees, recipients, subrecipients, and Local Fund Agents; 

(3) effectively implementing and enforcing policies and 

procedures which reflect best practices for the protection of 

whistleblowers from retaliation, including best practices for— 

(A) protection against retaliation for internal and lawful public disclosures; 

(B) legal burdens of proof; 

(C) statutes of limitation for reporting retaliation; 

(D) access to independent adjudicative bodies, including 

external arbitration; and 

(E) results that eliminate the effects of proven retaliation; and 

(4) implementing the recommendations contained in the 

Consolidated Transformation Plan approved by the Board of 

the Global Fund on November 21, 2011: 

Provided, That such withholding shall not be in addition to funds 

that are withheld from the Global Fund in fiscal year 2016 pursuant 

to the application of any other provision contained in this or any 

other Act. 

(c) CONTAGIOUS INFECTIOUS DISEASE OUTBREAKS.—If the Secretary of State determines and reports to the Committees on Appropriations that an international infectious disease outbreak is sustained, severe, and is spreading internationally, or that it is in 

the national interest to respond to a Public Health Emergency 

of International Concern, funds made available under title III of 

this Act may be made available to combat such infectious disease 

or public health emergency: Provided, That funds made available 

pursuant to the authority of this subsection shall be subject to 

prior consultation with, and the regular notification procedures 

of, the Committees on Appropriations. 

GENDER EQUALITY

SEC. 7059. (a) GENDER EQUALITY.—Funds appropriated by this 

Act shall be made available to promote gender equality in United 


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States Government diplomatic and development efforts by raising 

the status, increasing the participation, and protecting the rights 

of women and girls worldwide. 

(b) WOMEN’S LEADERSHIP.—Of the funds appropriated by title 

III of this Act, not less than $50,000,000 shall be made available 

to increase leadership opportunities for women in countries where 

women and girls suffer discrimination due to law, policy, or practice, 

by strengthening protections for women’s political status, expanding 

women’s participation in political parties and elections, and 

increasing women’s opportunities for leadership positions in the 

public and private sectors at the local, provincial, and national 

levels. 

(c) GENDER-BASED VIOLENCE.— 

(1)(A) Of the funds appropriated by titles III and IV of 

this Act, not less than $150,000,000 shall be made available 

to implement a multi-year strategy to prevent and respond 

to gender-based violence in countries where it is common in 

conflict and non-conflict settings. 

(B) Funds appropriated by titles III and IV of this Act 

that are available to train foreign police, judicial, and military 

personnel, including for international peacekeeping operations, 

shall address, where appropriate, prevention and response to 

gender-based violence and trafficking in persons, and shall 

promote the integration of women into the police and other 

security forces. 

(2) Department of State and United States Agency for 

International Development gender programs shall incorporate 

coordinated efforts to combat a variety of forms of genderbased violence, including child marriage, rape, female genital 

cutting and mutilation, and domestic violence, among other 

forms of gender-based violence in conflict and non-conflict settings. 

(d) WOMEN, PEACE, AND SECURITY.—Funds appropriated by 

this Act under the headings ‘‘Development Assistance’’, ‘‘Economic 

Support Fund’’, and ‘‘International Narcotics Control and Law 

Enforcement’’ should be made available to support a multi-year 

strategy to expand, and improve coordination of, United States 

Government efforts to empower women as equal partners in conflict 

prevention, peace building, transitional processes, and reconstruction efforts in countries affected by conflict or in political transition, 

and to ensure the equitable provision of relief and recovery assistance to women and girls. 

SECTOR ALLOCATIONS

SEC. 7060. (a) BASIC EDUCATION AND HIGHER EDUCATION.— 

(1) BASIC EDUCATION.— 

(A) Of the funds appropriated under title III of this 

Act, not less than $800,000,000 should be made available 

for assistance for basic education, and such funds may 

be made available notwithstanding any provision of law 

that restricts assistance to foreign countries, except for 

the conditions provided in this subsection: Provided, That 

such funds should only be used to implement the stated 

objectives of basic education programs for each Country 

Development Cooperation Strategy or similar strategy 


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regarding basic education established by the United States 

Agency for International Development (USAID). 

(B) Not later than 30 days after enactment of this 

Act, the USAID Administrator shall report to the Committees on Appropriations on the status of cumulative unobligated balances and obligated, but unexpended, balances 

in each country where USAID provides basic education 

assistance and such report shall also include details on 

the types of contracts and grants provided and the goals 

and objectives of such assistance: Provided, That the 

USAID Administrator shall update such report on a 

monthly basis during fiscal year 2016: Provided further, 

That if the USAID Administrator determines that any 

unobligated balances of funds specifically designated for 

assistance for basic education in prior Acts making appropriations for the Department of State, foreign operations, 

and related programs are in excess of the absorptive 

capacity of recipient countries, such funds may be made 

available for other programs authorized under chapter 1 

of part I of the Foreign Assistance Act of 1961, notwithstanding such funding designation: Provided further, That 

the authority of the previous proviso shall be subject to 

prior consultation with, and the regular notification procedures of, the Committees on Appropriations. 

(C) Of the funds appropriated under title III of this 

Act for assistance for basic education programs, not less 

than $70,000,000 shall be made available for a contribution 

to multilateral partnerships that support education. 

(2) HIGHER EDUCATION.—Of the funds appropriated by title 

III of this Act, not less than $225,000,000 shall be made available for assistance for higher education, including not less 

than $35,000,000 for new partnerships between higher education institutions in the United States and developing countries: Provided, That such funds may be made available notwithstanding any other provision of law that restricts assistance 

to foreign countries, and shall be subject to the regular notification procedures of the Committees on Appropriations. 

(b) DEVELOPMENT PROGRAMS.—Of the funds appropriated by 

this Act under the heading ‘‘Development Assistance’’, not less 

than $26,000,000 shall be made available for the American Schools 

and Hospitals Abroad program, and not less than $11,000,000 shall 

be made available for cooperative development programs of USAID. 

(c) ENVIRONMENT PROGRAMS.— 

(1) AUTHORITY.—Funds appropriated by this Act to carry 

out the provisions of sections 103 through 106, and chapter 

4 of part II, of the Foreign Assistance Act of 1961 may be 

used, notwithstanding any other provision of law except for 

the provisions of this subsection and only subject to the 

reporting procedures of the Committees on Appropriations, to 

support environment programs. 

(2) CONSERVATION PROGRAMS AND LIMITATIONS.— 

(A) Of the funds appropriated under title III of this 

Act, not less than $265,000,000 shall be made available 

for biodiversity conservation programs. 

(B) Not less than $80,000,000 of the funds appropriated 

under titles III and IV of this Act shall be made available 


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to combat the transnational threat of wildlife poaching 

and trafficking. 

(C) None of the funds appropriated under title IV of 

this Act may be made available for training or other assistance for any military unit or personnel that the Secretary 

of State determines has been credibly alleged to have 

participated in wildlife poaching or trafficking, unless the 

Secretary reports to the Committees on Appropriations that 

to do so is in the national security interests of the United 

States. 

(D) Funds appropriated by this Act for biodiversity 

programs shall not be used to support the expansion of 

industrial scale logging or any other industrial scale extractive activity into areas that were primary/intact tropical 

forests as of December 30, 2013, and the Secretary of 

the Treasury shall instruct the United States executive 

directors of each international financial institutions (IFI) 

to vote against any financing of any such activity. 

(3) LARGE DAMS.—The Secretary of the Treasury shall 

instruct the United States executive director of each IFI that 

it is the policy of the United States to vote in relation to 

any loan, grant, strategy, or policy of such institution to support 

the construction of any large dam consistent with the criteria 

set forth in Senate Report 114–79, while also considering 

whether the project involves important foreign policy objectives. 

(4) SUSTAINABLE LANDSCAPES.—Of the funds appropriated 

under title III of this Act, not less than $123,500,000 shall 

be made available for sustainable landscape programs. 

(5) TRANSFER OF FUNDS.—Of the funds appropriated by 

this Act under the heading ‘‘Economic Support Fund’’, 

$9,720,000 shall be transferred to, and merged with, funds 

appropriated under the heading ‘‘Contribution to the Strategic 

Climate Fund’’, and such transfer shall occur not later than 

120 days after the date of enactment of this Act. 

(d) FOOD SECURITY AND AGRICULTURAL DEVELOPMENT.— 

(1) Of the funds appropriated by title III of this Act, not 

less than $1,000,600,000 should be made available for food 

security and agricultural development programs, of which not 

less than $50,000,000 shall be made available for the Feed 

the Future Innovation Labs: Provided, That such funds may 

be made available notwithstanding any other provision of law 

to prevent or address food shortages, and for a United States 

contribution to the endowment of the Global Crop Diversity 

Trust. 

(2) Funds appropriated under title III of this Act may 

be made available as a contribution to the Global Agriculture 

and Food Security Program if such contribution will not cause 

the United States to exceed 33 percent of the total amount 

of funds contributed to such Program. 

(e) MICROENTERPRISE AND MICROFINANCE.—Of the funds appropriated by this Act, not less than $265,000,000 should be made 

available for microenterprise and microfinance development programs for the poor, especially women. 

(f) PROGRAMS TO COMBAT TRAFFICKING IN PERSONS AND

MODERN SLAVERY.— 

(1) TRAFFICKING IN PERSONS.— 


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(A) Of the funds appropriated by this Act under the 

headings ‘‘Development Assistance’’, ‘‘Economic Support 

Fund’’, ‘‘Assistance for Europe, Eurasia and Central Asia’’, 

and ‘‘International Narcotics Control and Law Enforcement’’, not less than $60,000,000 shall be made available 

for activities to combat trafficking in persons internationally. 

(B) Funds made available in the previous paragraph 

shall be made available to support a multifaceted approach 

to combat human trafficking in Guatemala: Provided, That 

the Secretary of State shall consult with the Committees 

on Appropriations, not later than 30 days after enactment 

of this Act, on the use of such funds. 

(2) MODERN SLAVERY.—Of the funds appropriated by this 

Act under the headings ‘‘Development Assistance’’ and ‘‘International Narcotics Control and Law Enforcement’’, in addition 

to funds made available pursuant to paragraph (1), $25,000,000 

shall be made available for a grant or grants, to be awarded 

on an open and competitive basis, to reduce the prevalence 

of modern slavery globally: Provided, That such funds shall 

only be made available in fiscal year 2016 to carry out the 

End Modern Slavery Initiative Act of 2015 (S. 553, 114th Congress), as reported to the Senate, if such bill is enacted into 

law: Provided further, That if such bill is not enacted into 

law in fiscal year 2016, funds made available pursuant to 

this subsection shall be made available for other programs 

to combat trafficking in persons and modern slavery, following 

consultation with the appropriate congressional committees. 

(g) RECONCILIATION PROGRAMS.—Of the funds appropriated by 

this Act under the headings ‘‘Economic Support Fund’’ and 

‘‘Development Assistance’’, not less than $26,000,000 shall be made 

available to support people-to-people reconciliation programs which 

bring together individuals of different ethnic, religious, and political 

backgrounds from areas of civil strife and war: Provided, That 

the USAID Administrator shall consult with the Committees on 

Appropriations, prior to the initial obligation of funds, on the uses 

of such funds, and such funds shall be subject to the regular 

notification procedures of the Committees on Appropriations: Provided further, That to the maximum extent practicable, such funds 

shall be matched by sources other than the United States Government. 

(h) WATER AND SANITATION.—Of the funds appropriated by 

this Act, not less than $400,000,000 shall be made available for 

water supply and sanitation projects pursuant to the Senator Paul 

Simon Water for the Poor Act of 2005 (Public Law 109–121), of 

which not less than $145,000,000 shall be for programs in subSaharan Africa, and of which not less than $14,000,000 shall be 

made available for programs to design and build safe, public latrines 

in Africa and Asia. 

OVERSEAS PRIVATE INVESTMENT CORPORATION

SEC. 7061. (a) TRANSFER.—Whenever the President determines 

that it is in furtherance of the purposes of the Foreign Assistance 

Act of 1961, up to a total of $20,000,000 of the funds appropriated 

under title III of this Act may be transferred to, and merged 


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with, funds appropriated by this Act for the Overseas Private Investment Corporation Program Account, to be subject to the terms 

and conditions of that account: Provided, That such funds shall 

not be available for administrative expenses of the Overseas Private 

Investment Corporation: Provided further, That designated funding 

levels in this Act shall not be transferred pursuant to this section: 

Provided further, That the exercise of such authority shall be subject 

to the regular notification procedures of the Committees on Appropriations. 

(b) AUTHORITY.—Notwithstanding section 235(a)(2) of the Foreign Assistance Act of 1961, the authority of subsections (a) through 

(c) of section 234 of such Act shall remain in effect until September 

30, 2016. 

ARMS TRADE TREATY

SEC. 7062. None of the funds appropriated by this Act may 

be obligated or expended to implement the Arms Trade Treaty 

until the Senate approves a resolution of ratification for the Treaty. 

COUNTRIES IMPACTED BY SIGNIFICANT REFUGEE POPULATIONS OR

INTERNALLY DISPLACED PERSONS

SEC. 7063. Funds appropriated by this Act under the headings 

‘‘Development Assistance’’ and ‘‘Economic Support Fund’’ shall be 

made available for programs in countries affected by significant 

populations of internally displaced persons or refugees to— 

(1) expand and improve host government social services 

and basic infrastructure to accommodate the needs of such 

populations and persons; 

(2) alleviate the social and economic strains placed on 

host communities; 

(3) improve coordination of such assistance in a more effective and sustainable manner; and 

(4) leverage increased assistance from donors other than 

the United States Government for central governments and 

local communities in such countries. 

REPORTING REQUIREMENTS CONCERNING INDIVIDUALS DETAINED AT

NAVAL STATION, GUANTA ́ NAMO BAY, CUBA

SEC. 7064. Not later than 5 days after the conclusion of an 

agreement with a country, including a state with a compact of 

free association with the United States, to receive by transfer or 

release individuals detained at United States Naval Station, 

Guanta ́namo Bay, Cuba, the Secretary of State shall notify the 

Committees on Appropriations in writing of the terms of the agreement, including whether funds appropriated by this Act or prior 

Acts making appropriations for the Department of State, foreign 

operations, and related programs will be made available for assistance for such country pursuant to such agreement. 

MULTI-YEAR PLEDGES

SEC. 7065. None of the funds appropriated by this Act may 

be used to make any pledge for future year funding for any multilateral or bilateral program funded in titles III through VI of this 

Act unless such pledge was— 

22 USC 2194 

note. 


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(1) previously justified, including the projected future year 

costs, in a congressional budget justification; 

(2) included in an Act making appropriations for the 

Department of State, foreign operations, and related programs 

or previously authorized by an Act of Congress; 

(3) notified in accordance with the regular notification 

procedures of the Committees on Appropriations, including the 

projected future year costs; or 

(4) the subject of prior consultation with the Committees 

on Appropriations and such consultation was conducted at least 

7 days in advance of the pledge. 

PROHIBITION ON USE OF TORTURE

SEC. 7066. (a) LIMITATION.—None of the funds made available 

in this Act may be used to support or justify the use of torture, 

cruel, or inhumane treatment by any official or contract employee 

of the United States Government. 

(b) ASSISTANCE TO ELIMINATE TORTURE.—Funds appropriated 

under titles III and IV of this Act shall be made available, notwithstanding section 660 of the Foreign Assistance Act of 1961 and 

following consultation with the Committees on Appropriations, for 

assistance to eliminate torture by foreign police, military or other 

security forces in countries receiving assistance from funds appropriated by this Act. 

EXTRADITION

SEC. 7067. (a) LIMITATION.—None of the funds appropriated 

in this Act may be used to provide assistance (other than funds 

provided under the headings ‘‘International Disaster Assistance’’, 

‘‘Complex Crises Fund’’, ‘‘International Narcotics Control and Law 

Enforcement’’, ‘‘Migration and Refugee Assistance’’, ‘‘United States 

Emergency Refugee and Migration Assistance Fund’’, and ‘‘Nonproliferation, Anti-terrorism, Demining and Related Assistance’’) 

for the central government of a country which has notified the 

Department of State of its refusal to extradite to the United States 

any individual indicted for a criminal offense for which the maximum penalty is life imprisonment without the possibility of parole 

or for killing a law enforcement officer, as specified in a United 

States extradition request. 

(b) CLARIFICATION.—Subsection (a) shall only apply to the central government of a country with which the United States maintains diplomatic relations and with which the United States has 

an extradition treaty and the government of that country is in 

violation of the terms and conditions of the treaty. 

(c) WAIVER.—The Secretary of State may waive the restriction 

in subsection (a) on a case-by-case basis if the Secretary certifies 

to the Committees on Appropriations that such waiver is important 

to the national interests of the United States. 

COMMERCIAL LEASING OF DEFENSE ARTICLES

SEC. 7068. Notwithstanding any other provision of law, and 

subject to the regular notification procedures of the Committees 

on Appropriations, the authority of section 23(a) of the Arms Export 

Control Act may be used to provide financing to Israel, Egypt, 

and the North Atlantic Treaty Organization (NATO), and major 


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non-NATO allies for the procurement by leasing (including leasing 

with an option to purchase) of defense articles from United States 

commercial suppliers, not including Major Defense Equipment 

(other than helicopters and other types of aircraft having possible 

civilian application), if the President determines that there are 

compelling foreign policy or national security reasons for those 

defense articles being provided by commercial lease rather than 

by government-to-government sale under such Act. 

INDEPENDENT STATES OF THE FORMER SOVIET UNION

SEC. 7069. (a) ASSISTANCE FOR UKRAINE.—Of the funds appropriated by this Act under titles III through VI, not less than 

$658,185,000 shall be made available for assistance for Ukraine. 

(b) LIMITATION.—None of the funds appropriated by this Act 

may be made available for assistance for a government of an Independent State of the former Soviet Union if that government directs 

any action in violation of the territorial integrity or national sovereignty of any other Independent State of the former Soviet Union, 

such as those violations included in the Helsinki Final Act: Provided, That except as otherwise provided in section 7070(a) of 

this Act, funds may be made available without regard to the restriction in this subsection if the President determines that to do so 

is in the national security interest of the United States: Provided 

further, That prior to executing the authority contained in this 

subsection the Department of State shall consult with the Committees on Appropriations on how such assistance supports the national 

security interest of the United States. 

(c) SECTION 907 OF THE FREEDOM SUPPORT ACT.—Section 907 

of the FREEDOM Support Act shall not apply to— 

(1) activities to support democracy or assistance under 

title V of the FREEDOM Support Act and section 1424 of 

the Defense Against Weapons of Mass Destruction Act of 1996 

(50 U.S.C. 2333) or non-proliferation assistance; 

(2) any assistance provided by the Trade and Development 

Agency under section 661 of the Foreign Assistance Act of 

1961 (22 U.S.C. 2421); 

(3) any activity carried out by a member of the United 

States and Foreign Commercial Service while acting within 

his or her official capacity; 

(4) any insurance, reinsurance, guarantee, or other assistance provided by the Overseas Private Investment Corporation 

under title IV of chapter 2 of part I of the Foreign Assistance 

Act of 1961 (22 U.S.C. 2191 et seq.); 

(5) any financing provided under the Export-Import Bank 

Act of 1945; or 

(6) humanitarian assistance. 

RUSSIA

SEC. 7070. (a) LIMITATION.—None of the funds appropriated 

by this Act may be made available for assistance for the central 

Government of the Russian Federation. 

(b) DETERMINATION AND CONDITIONS.— 

(1) None of the funds appropriated by this Act may be 

made available for assistance for the central government of 

a country that the Secretary of State determines and reports 

to the Committees on Appropriations has taken affirmative 


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steps intended to support or be supportive of the Russian 

Federation annexation of Crimea: Provided, That except as 

otherwise provided in subsection (a), the Secretary may waive 

the restriction on assistance required by this paragraph if the 

Secretary certifies to such Committees that to do so is in 

the national interest of the United States, and includes a justification for such interest. 

(2) None of the funds appropriated by this Act may be 

made available for— 

(A) the implementation of any action or policy that 

recognizes the sovereignty of the Russian Federation over 

Crimea; 

(B) the facilitation, financing, or guarantee of United 

States Government investments in Crimea, if such activity 

includes the participation of Russian Government officials, 

or other Russian owned or controlled financial entities; 

or 

(C) assistance for Crimea, if such assistance includes 

the participation of Russian Government officials, or other 

Russian owned or controlled financial entities. 

(3) The Secretary of the Treasury shall instruct the United 

States executive directors of each international financial institution to vote against any assistance by such institution (including 

but not limited to any loan, credit, or guarantee) for any program that violates the sovereignty or territorial integrity of 

Ukraine. 

(4) The requirements and limitations of this subsection 

shall cease to be in effect if the Secretary of State certifies 

and reports to the Committees on Appropriations that the 

Government of Ukraine has reestablished sovereignty over 

Crimea. 

(c) ASSISTANCE TO REDUCE VULNERABILITY AND PRESSURE.— 

Funds appropriated by this Act for assistance for the Eastern Partnership countries shall be made available to advance the 

implementation of Association Agreements and trade agreements 

with the European Union, and to reduce their vulnerability to 

external economic and political pressure from the Russian Federation. 

(d) DEMOCRACY PROGRAMS.—Funds appropriated by this Act 

shall be made available to support the advancement of democracy 

and the rule of law in the Russian Federation, including to promote 

Internet freedom, and shall also be made available to support 

the democracy and rule of law strategy required by section 7071(d) 

of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113– 

76). 

(e) REPORTS.—Not later than 45 days after enactment of this 

Act, the Secretary of State shall update the reports required by 

section 7071(b)(2), (c), and (e) of the Department of State, Foreign 

Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–76). 

INTERNATIONAL MONETARY FUND

SEC. 7071. (a) EXTENSIONS.—The terms and conditions of sections 7086(b) (1) and (2) and 7090(a) of the Department of State, 


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Foreign Operations, and Related Programs Appropriations Act, 2010 

(division F of Public Law 111–117) shall apply to this Act. 

(b) REPAYMENT.—The Secretary of the Treasury shall instruct 

the United States Executive Director of the International Monetary 

Fund (IMF) to seek to ensure that any loan will be repaid to 

the IMF before other private creditors. 

SPECIAL DEFENSE ACQUISITION FUND

SEC. 7072. Not to exceed $900,000,000 may be obligated pursuant to section 51(c)(2) of the Arms Export Control Act for the 

purposes of the Special Defense Acquisition Fund (Fund), to remain 

available for obligation until September 30, 2018: Provided, That 

the provision of defense articles and defense services to foreign 

countries or international organizations from the Fund shall be 

subject to the concurrence of the Secretary of State. 

COUNTERING FOREIGN FIGHTERS AND VIOLENT EXTREMIST

ORGANIZATIONS

SEC. 7073. (a) COUNTERING FOREIGN FIGHTERS AND VIOLENT

EXTREMIST ORGANIZATIONS.—Funds appropriated under titles III 

and IV of this Act shall be made available for programs to— 

(1) counter the flow of foreign fighters to countries in 

which violent extremists or violent extremist organizations 

operate, including those entities designated as foreign terrorist 

organizations (FTOs) pursuant to section 219 of the Immigration and Nationality Act (Public Law 82–814), including 

through programs with partner governments and multilateral 

organizations to— 

(A) counter recruitment campaigns by such entities; 

(B) detect and disrupt foreign fighter travel, particularly at points of origin; 

(C) implement antiterrorism programs; 

(D) secure borders, including points of infiltration and 

exfiltration by such entities; 

(E) implement and establish criminal laws and policies 

to counter foreign fighters; and 

(F) arrest, investigate, prosecute, and incarcerate terrorist suspects, facilitators, and financiers; and 

(2) reduce public support for violent extremists or violent 

extremist organizations, including FTOs, by addressing the specific drivers of radicalization, including through such activities 

as— 

(A) public messaging campaigns to damage their 

appeal; 

(B) programs to engage communities and populations 

at risk of violent extremist radicalization and recruitment; 

(C) counter-radicalization and de-radicalization activities for potential and former violent extremists and 

returning foreign fighters, including in prisons; 

(D) law enforcement training programs; and 

(E) capacity building for civil society organizations to 

combat radicalization in local communities. 

(b) STRENGTHENING THE STATE SYSTEM.— 

(1) Funds appropriated under titles III and IV of this 

Act shall be made available for programs to strengthen the 

state system and counter violent extremists and violent 


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extremist organizations, including FTOs, by supporting security 

and governance programs in countries whose stability and legitimacy are directly threatened by violence against state institutions by such entities, including at the national and local levels, 

and in fragile states bordering such countries. 

(2) Programs funded pursuant to paragraph (1) shall 

prioritize activities to improve governance, including by— 

(A) promoting civil society; 

(B) strengthening the rule of law; 

(C) professionalizing security services; 

(D) increasing transparency and accountability; 

(E) combating corruption; and 

(F) protecting human rights. 

(c) REQUIREMENTS.— 

(1) The Secretary of State shall ensure that the programs 

described in subsection (a) are coordinated with and complement the efforts of other United States Government agencies 

and international partners, and that such programs are consistent with all applicable laws, regulations, and policies 

regarding the use of foreign assistance funds: Provided, That 

the Secretary shall also ensure that information gained through 

the conduct of programs described in subsection (a)(1) is shared 

in a timely manner with relevant United States Government 

agencies and other international partners, as appropriate. 

(2) Prior to the obligation of funds appropriated by this 

Act and made available for the purposes of this section, the 

Secretary of State shall ensure that mechanisms are in place 

for appropriate monitoring, oversight, and control of such assistance: Provided, That the Secretary shall promptly inform the 

appropriate congressional committees of each significant 

instance in which assistance provided for such purposes has 

been compromised, including the amount and type of assistance 

affected, a description of the incident and parties involved, 

and an explanation of the response of the Department of State. 

(3) Funds appropriated by this Act that are made available 

for programs described in subsection (a) shall be subject to 

the regular notification procedures of the Committees on Appropriations, and are subject to the additional requirements contained under section 7073 in the explanatory statement 

described in section 4 (in the matter preceding division A of 

this Consolidated Act): Provided, That for the purposes of funds 

appropriated by this Act that are made available for countering 

violent extremism, as justified to the Committees on Appropriations in the Congressional Budget Justification, Foreign Operations, Fiscal Year 2016, such funds shall only be made available for programs described in subsection (a)(2). 

ENTERPRISE FUNDS

SEC. 7074. (a) NOTIFICATION REQUIREMENT.—None of the funds 

made available under titles III through VI of this Act may be 

made available for Enterprise Funds unless the appropriate congressional committees are notified at least 15 days in advance. 

(b) DISTRIBUTION OF ASSETS PLAN.—Prior to the distribution 

of any assets resulting from any liquidation, dissolution, or winding 

up of an Enterprise Fund, in whole or in part, the President 


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shall submit to the appropriate congressional committees a plan 

for the distribution of the assets of the Enterprise Fund. 

(c) TRANSITION OR OPERATING PLAN.—Prior to a transition to 

and operation of any private equity fund or other parallel investment fund under an existing Enterprise Fund, the President shall 

submit such transition or operating plan to the appropriate congressional committees. 

USE OF FUNDS IN CONTRAVENTION OF THIS ACT

SEC. 7075. If the President makes a determination not to 

comply with any provision of this Act on constitutional grounds, 

the head of the relevant Federal agency shall notify the Committees 

on Appropriations in writing within 5 days of such determination, 

the basis for such determination and any resulting changes to 

program and policy. 

BUDGET DOCUMENTS

SEC. 7076. (a) OPERATING PLANS.—Not later than 45 days after 

the date of enactment of this Act, each department, agency, or 

organization funded in titles I, II, and VI of this Act, and the 

Department of the Treasury and Independent Agencies funded in 

title III of this Act, including the Inter-American Foundation and 

the United States African Development Foundation, shall submit 

to the Committees on Appropriations an operating plan for funds 

appropriated to such department, agency, or organization in such 

titles of this Act, or funds otherwise available for obligation in 

fiscal year 2016, that provides details of the uses of such funds 

at the program, project, and activity level: Provided, That such 

plans shall include, as applicable, a comparison between the most 

recent congressional directives or approved funding levels and the 

funding levels proposed by the department or agency; and a clear, 

concise, and informative description/justification: Provided further, That if such department, agency, or organization receives an additional amount under the same heading in title VIII of this Act, 

operating plans required by this subsection shall include consolidated information on all such funds: Provided further, That operating plans that include changes in levels of funding for programs, 

projects, and activities specified in the congressional budget justification, in this Act, or amounts specifically designated in the 

respective tables included in the explanatory statement described 

in section 4 (in the matter preceding division A of this Consolidated 

Act), as applicable, shall be subject to the notification and reprogramming requirements of section 7015 of this Act. 

(b) SPEND PLANS.— (1) Prior to the initial obligation of funds, the Secretary 

of State or Administrator of the United States Agency for 

International Development (USAID), as appropriate, shall 

submit to the Committees on Appropriations a detailed spend 

plan for funds made available by this Act, for— 

(A) assistance for Afghanistan, Lebanon, Pakistan, and 

the West Bank and Gaza; 

(B) Power Africa and the regional security initiatives 

listed under this heading in the explanatory statement 

described in section 4 (in the matter preceding division 

A of this Consolidated Act): Provided, That the spend plan 

for such initiatives shall include the amount of assistance 


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planned for each country by account, to the maximum 

extent practicable; and 

(C) democracy programs and sectors enumerated in 

subsections (a), (c)(2), (d)(1), (e), (f), and (h) of section 

7060 of this Act. 

(2) Not later than 45 days after enactment of this Act, 

the Secretary of the Treasury shall submit to the Committees 

on Appropriations a detailed spend plan for funds made available by this Act under the heading ‘‘Department of the 

Treasury, International Affairs Technical Assistance’’ in title 

III. 

(c) SPENDING REPORT.—Not later than 45 days after enactment 

of this Act, the USAID Administrator shall submit to the Committees on Appropriations a detailed report on spending of funds made 

available during fiscal year 2015 under the heading ‘‘Development 

Credit Authority’’. 

(d) NOTIFICATIONS.—The spend plans referenced in subsection 

(b) shall not be considered as meeting the notification requirements 

in this Act or under section 634A of the Foreign Assistance Act 

of 1961. 

(e) CONGRESSIONAL BUDGET JUSTIFICATION.— 

(1) The congressional budget justification for Department 

of State operations and foreign operations shall be provided 

to the Committees on Appropriations concurrent with the date 

of submission of the President’s budget for fiscal year 2017: 

Provided, That the appendices for such justification shall be 

provided to the Committees on Appropriations not later than 

10 calendar days thereafter. 

(2) The Secretary of State and the USAID Administrator 

shall include in the congressional budget justification a detailed 

justification for multi-year availability for any funds requested 

under the headings ‘‘Diplomatic and Consular Programs’’ and 

‘‘Operating Expenses’’. 

REPORTS AND RECORDS MANAGEMENT

SEC. 7077. (a) PUBLIC POSTING OF REPORTS.— 

(1) REQUIREMENT.—Any agency receiving funds made available by this Act shall, subject to paragraphs (2) and (3), post 

on the publicly available Web site of such agency any report 

required by this Act to be submitted to the Committees on 

Appropriations, upon a determination by the head of such 

agency that to do so is in the national interest. 

(2) EXCEPTIONS.—Paragraph (1) shall not apply to a report 

if— 

(A) the public posting of such report would compromise 

national security, including the conduct of diplomacy; or 

(B) the report contains proprietary, privileged, or sensitive information. 

(3) TIMING AND INTENTION.—The head of the agency posting 

such report shall, unless otherwise provided for in this Act, 

do so only after such report has been made available to the 

Committees on Appropriations for not less than 45 days: Provided, That any report required by this Act to be submitted 

to the Committees on Appropriations shall include information 

from the submitting agency on whether such report will be 

publicly posted. 


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129 STAT. 2818 PUBLIC LAW 114–113—DEC. 18, 2015 

(b) REQUESTS FOR DOCUMENTS.—None of the funds appropriated or made available pursuant to titles III through VI of 

this Act shall be available to a nongovernmental organization, 

including any contractor, which fails to provide upon timely request 

any document, file, or record necessary to the auditing requirements 

of the Department of State and the United States Agency for 

International Development (USAID). 

(c) RECORDS MANAGEMENT.— (1) LIMITATION AND DIRECTIVES.— (A) None of the funds appropriated by this Act under 

the headings ‘‘Diplomatic and Consular Programs’’ and 

‘‘Capital Investment Fund’’ in title I, and ‘‘Operating 

Expenses’’ in title II that are made available to the Department of State and USAID may be made available to support 

the use or establishment of email accounts or email servers 

created outside the .gov domain or not fitted for automated 

records management as part of a Federal government 

records management program in contravention of the Presidential and Federal Records Act Amendments of 2014 

(Public Law 113–187). 

(B) The Secretary of State and USAID Administrator 

shall— 

(i) update the policies, directives, and oversight 

necessary to comply with Federal statutes, regulations, 

and presidential executive orders and memoranda concerning the preservation of all records made or received 

in the conduct of official business, including record 

emails, instant messaging, and other online tools; 

(ii) use funds appropriated by this Act under the 

headings ‘‘Diplomatic and Consular Programs’’ and 

‘‘Capital Investment Fund’’ in title I, and ‘‘Operating 

Expenses’’ in title II, as appropriate, to improve Federal records management pursuant to the Federal 

Records Act (44 U.S.C. Chapters 21, 29, 31, and 33) 

and other applicable Federal records management statutes, regulations, or policies for the Department of 

State and USAID; 

(iii) direct departing employees that all Federal 

records generated by such employees, including senior 

officials, belong to the Federal Government; and 

(iv) measurably improve the response time for 

identifying and retrieving Federal records. 

(2) REPORT.—Not later than 30 days after enactment of 

this Act, the Secretary of State and USAID Administrator 

shall each submit a report to the Committees on Appropriations 

and to the National Archives and Records Administration 

detailing, as appropriate and where applicable— 

(A) the policy of each agency regarding the use or 

the establishment of email accounts or email servers created outside the .gov domain or not fitted for automated 

records management as part of a Federal government 

records management program; 

(B) the extent to which each agency is in compliance 

with applicable Federal records management statutes, 

regulations, and policies; and 

(C) the steps required, including steps already taken, 

and the associated costs, to— 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2819 

(i) comply with paragraph (1)(B) of this subsection; 

(ii) ensure that all employees at every level have 

been instructed in procedures and processes to ensure 

that the documentation of their official duties is captured, preserved, managed, protected, and accessible 

in official Government systems of the Department of 

State and USAID; 

(iii) implement the recommendations of the Office 

of Inspector General, United States Department of 

State (OIG), in the March 2015 Review of State Messaging and Archive Retrieval Toolset and Record Email 

(ISP–1–15–15) and any recommendations from the OIG 

review of the records management practices of the 

Department of State requested by the Secretary on 

March 25, 2015, if completed; 

(iv) reduce the backlog of Freedom of Information 

Act and Congressional oversight requests, and measurably improve the response time for answering such 

requests; 

(v) strengthen cyber security measures to mitigate 

vulnerabilities, including those resulting from the use 

of personal email accounts or servers outside the .gov 

domain; and 

(vi) codify in the Foreign Affairs Manual and Automated Directives System the updates referenced in 

paragraph (1)(B) of this subsection, where appropriate. 

(3) REPORT ASSESSMENT.—Not later than 180 days after 

the submission of the reports required by paragraph (2), the 

Comptroller General of the United States, in consultation with 

National Archives and Records Administration, as appropriate, 

shall conduct an assessment of such reports, and shall consult 

with the Committees on Appropriations on the scope and 

requirements of such assessment. 

(4) FUNDING.—Of funds appropriated by this Act under 

the heading ‘‘Capital Investment Fund’’ in title I, $10,000,000 

shall be withheld from obligation until the Secretary submits 

the report required by paragraph (2). 

GLOBAL INTERNET FREEDOM

SEC. 7078. (a) FUNDING.—Of the funds available for obligation 

during fiscal year 2016 under the headings ‘‘International Broadcasting Operations’’, ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’, 

and ‘‘Assistance for Europe, Euraisa and Central Asia’’, not less 

than $50,500,000 shall be made available for programs to promote 

Internet freedom globally: Provided, That such programs shall be 

prioritized for countries whose governments restrict freedom of 

expression on the Internet, and that are important to the national 

interests of the United States: Provided further, That funds made 

available pursuant to this section shall be matched, to the maximum 

extent practicable, by sources other than the United States Government, including from the private sector. 

(b) REQUIREMENTS.—Funds made available pursuant to subsection (a) shall be— 

(1) coordinated with other democracy, governance, and 

broadcasting programs funded by this Act under the headings 

‘‘International Broadcasting Operations’’, ‘‘Economic Support 


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129 STAT. 2820 PUBLIC LAW 114–113—DEC. 18, 2015 

Fund’’, ‘‘Democracy Fund’’, ‘‘Complex Crises Fund’’, and ‘‘Assistance for Europe, Eurasia and Central Asia’’, and shall be incorporated into country assistance, democracy promotion, and 

broadcasting strategies, as appropriate; 

(2) made available to the Bureau of Democracy, Human 

Rights, and Labor, Department of State for programs to implement the May 2011, International Strategy for Cyberspace 

and the comprehensive strategy to promote Internet freedom 

and access to information in Iran, as required by section 414 

of the Iran Threat Reduction and Syria Human Rights Act 

of 2012 (22 U.S.C. 8754); 

(3) made available to the Broadcasting Board of Governors 

(BBG) to provide tools and techniques to access the Web sites 

of BBG broadcasters that are censored, and to work with such 

broadcasters to promote and distribute such tools and techniques, including digital security techniques; 

(4) made available for programs that support the efforts 

of civil society to counter the development of repressive Internet-related laws and regulations, including countering threats 

to Internet freedom at international organizations; to combat 

violence against bloggers and other users; and to enhance digital security training and capacity building for democracy activists; 

(5) made available for research of key threats to Internet 

freedom; the continued development of technologies that provide 

or enhance access to the Internet, including circumvention tools 

that bypass Internet blocking, filtering, and other censorship 

techniques used by authoritarian governments; and maintenance of the technological advantage of the United States 

Government over such censorship techniques: Provided, That 

the Secretary of State, in consultation with the BBG Chairman, 

shall coordinate any such research and development programs 

with other relevant United States Government departments 

and agencies in order to share information, technologies, and 

best practices, and to assess the effectiveness of such technologies; and 

(6) coordinated by the Assistant Secretary of State for 

Democracy, Human Rights, and Labor, Department of State, 

except that the uses of such funds made available under the 

heading ‘‘International Broadcasting Operations’’ shall be the 

responsibility of the BBG Chairman. 

(c) COORDINATION AND SPEND PLANS.—After consultation 

among the relevant agency heads to coordinate and de-conflict 

planned activities, but not later than 90 days after enactment 

of this Act, the Secretary of State and the BBG Chairman shall 

submit to the Committees on Appropriations spend plans for funds 

made available by this Act for programs to promote Internet 

freedom globally, which shall include a description of safeguards 

established by relevant agencies to ensure that such programs 

are not used for illicit purposes: Provided, That the Department 

of State spend plan shall include funding for all such programs 

for all relevant Department of State and USAID offices and bureaus: 

Provided further, That prior to the obligation of such funds, such 

offices and bureaus shall consult with the Assistant Secretary for 

Democracy, Human Rights, and Labor, Department of State, to 

ensure that such programs support the Department of State Internet freedom strategy. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2821 

DISABILITY PROGRAMS

SEC. 7079. (a) ASSISTANCE.—Funds appropriated by this Act 

under the heading ‘‘Economic Support Fund’’ shall be made available for programs and activities administered by the United States 

Agency for International Development (USAID) to address the needs 

and protect and promote the rights of people with disabilities in 

developing countries, including initiatives that focus on independent 

living, economic self-sufficiency, advocacy, education, employment, 

transportation, sports, and integration of individuals with disabilities, including for the cost of translation. 

(b) MANAGEMENT, OVERSIGHT, AND TECHNICAL SUPPORT.—Of 

the funds made available pursuant to this section, 5 percent may 

be used for USAID for management, oversight, and technical support. 

IMPACT ON JOBS IN THE UNITED STATES

SEC. 7080. None of the funds appropriated or otherwise made 

available under titles III through VI of this Act may be obligated 

or expended to provide— 

(1) any financial incentive to a business enterprise currently located in the United States for the purpose of inducing 

such an enterprise to relocate outside the United States if 

such incentive or inducement is likely to reduce the number 

of employees of such business enterprise in the United States 

because United States production is being replaced by such 

enterprise outside the United States; 

(2) assistance for any program, project, or activity that 

contributes to the violation of internationally recognized 

workers’ rights, as defined in section 507(4) of the Trade Act 

of 1974, of workers in the recipient country, including any 

designated zone or area in that country: Provided, That the 

application of section 507(4)(D) and (E) of such Act should 

be commensurate with the level of development of the recipient 

country and sector, and shall not preclude assistance for the 

informal sector in such country, micro and small-scale enterprise, and smallholder agriculture; 

(3) any assistance to an entity outside the United States 

if such assistance is for the purpose of directly relocating or 

transferring jobs from the United States to other countries 

and adversely impacts the labor force in the United States; 

or 

(4) for the enforcement of any rule, regulation, policy, or 

guidelines implemented pursuant to— 

(A) the third proviso of subsection 7079(b) of the 

Consolidated Appropriations Act, 2010; 

(B) the modification proposed by the Overseas Private 

Investment Corporation in November 2013 to the Corporation’s Environmental and Social Policy Statement relating 

to coal; or 

(C) the Supplemental Guidelines for High Carbon 

Intensity Projects approved by the Export-Import Bank 

of the United States on December 12, 2013, 

when enforcement of such rule, regulation, policy, or guidelines 

would prohibit, or have the effect of prohibiting, any coalfired or other power-generation project the purpose of which 


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129 STAT. 2822 PUBLIC LAW 114–113—DEC. 18, 2015 

is to: (i) provide affordable electricity in International Development Association (IDA)-eligible countries and IDA-blend countries; and (ii) increase exports of goods and services from the 

United States or prevent the loss of jobs from the United 

States. 

COUNTRY FOCUS AND SELECTIVITY

SEC. 7081. (a) TRANSITION PLAN REQUIREMENT.—Any bilateral 

country assistance strategy developed after the date of enactment 

of this Act for the provision of assistance for a foreign country 

shall include a transition plan identifying end goals and options 

for winding down, within a targeted period of years, such bilateral 

assistance: Provided, That such transition plan shall be developed 

by the Secretary of State, in consultation with the Administrator 

of the United States Agency for International Development 

(USAID), the heads of other relevant Federal agencies, and officials 

of such foreign government and representatives of civil society, 

as appropriate. 

(b) TARGETED TRANSITIONS.—Not later than 180 days after 

enactment of this Act, the Secretary of State, in consultation with 

the USAID Administrator, the heads of other relevant Federal 

agencies, and the Committees on Appropriations, shall select at 

least one country in which to establish and implement a transition 

program to seek to reduce dependency on bilateral foreign assistance 

and create greater self-sufficiency for such country: Provided, That 

any such selection shall be of a country receiving assistance with 

funds appropriated under titles III and IV of this Act and prior 

Acts making appropriations for the Department of State, foreign 

operations, and related programs that— 

(1) is a long-time recipient of such assistance; 

(2) has demonstrated, or has been assessed to possess, 

the capacity for self-sufficiency; and 

(3) is not impacted by conflict or crisis, including large 

numbers of internally displaced persons or significant refugee 

populations resulting from such conflict or crisis: 

Provided further, That the Secretary shall consult with the Committees on Appropriations prior to the selection of any such country, 

and on the goals and targets for such program to be established 

in the selected country: Provided further, That such transition 

should exclude funding for democracy and humanitarian assistance 

programs: Provided further, That assistance may be resumed or 

continued for any such selected country if the Secretary determines 

and reports to the Committees on Appropriations that to do so 

is important to the national interest of the United States, and 

such report provides an explanation of such interest being served. 

UNITED NATIONS POPULATION FUND

SEC. 7082. (a) CONTRIBUTION.—Of the funds made available 

under the heading ‘‘International Organizations and Programs’’ in 

this Act for fiscal year 2016, $32,500,000 shall be made available 

for the United Nations Population Fund (UNFPA). 

(b) AVAILABILITY OF FUNDS.—Funds appropriated by this Act 

for UNFPA, that are not made available for UNFPA because of 

the operation of any provision of law, shall be transferred to the 

‘‘Global Health Programs’’ account and shall be made available 

for family planning, maternal, and reproductive health activities, 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2823 

subject to the regular notification procedures of the Committees 

on Appropriations. 

(c) PROHIBITION ON USE OF FUNDS IN CHINA.—None of the 

funds made available by this Act may be used by UNFPA for 

a country program in the People’s Republic of China. 

(d) CONDITIONS ON AVAILABILITY OF FUNDS.—Funds made available by this Act for UNFPA may not be made available unless— 

(1) UNFPA maintains funds made available by this Act 

in an account separate from other accounts of UNFPA and 

does not commingle such funds with other sums; and 

(2) UNFPA does not fund abortions. 

(e) REPORT TO CONGRESS AND DOLLAR-FOR-DOLLAR WITH- HOLDING OF FUNDS.— (1) Not later than 4 months after the date of enactment 

of this Act, the Secretary of State shall submit a report to 

the Committees on Appropriations indicating the amount of 

funds that UNFPA is budgeting for the year in which the 

report is submitted for a country program in the People’s 

Republic of China. 

(2) If a report under paragraph (1) indicates that UNFPA 

plans to spend funds for a country program in the People’s 

Republic of China in the year covered by the report, then 

the amount of such funds UNFPA plans to spend in the People’s 

Republic of China shall be deducted from the funds made 

available to UNFPA after March 1 for obligation for the 

remainder of the fiscal year in which the report is submitted. 

TITLE VIII 

OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON 

TERRORISM 

DEPARTMENT OF STATE 

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Diplomatic and Consular Pro- grams’’, $2,561,808,000, to remain available until September 30, 

2017, of which $1,966,632,000 is for Worldwide Security Protection 

and shall remain available until expended: Provided, That the 

Secretary of State may transfer up to $10,000,000 of the total 

funds made available under this heading to any other appropriation 

of any department or agency of the United States, upon the concurrence of the head of such department or agency, to support operations in and assistance for Afghanistan and to carry out the 

provisions of the Foreign Assistance Act of 1961: Provided further, 

That any such transfer shall be treated as a reprogramming of 

funds under subsections (a) and (b) of section 7015 of this Act 

and shall not be available for obligation or expenditure except 

in compliance with the procedures set forth in that section: Provided 

further, That up to $15,000,000 of the funds appropriated under 

this heading in this title may be made available for Conflict Stabilization Operations and for related reconstruction and stabilization assistance to prevent or respond to conflict or civil strife in 


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129 STAT. 2824 PUBLIC LAW 114–113—DEC. 18, 2015 

foreign countries or regions, or to enable transition from such 

strife: Provided further, That such amount is designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

OFFICE OF INSPECTOR GENERAL

For an additional amount for ‘‘Office of Inspector General’’, 

$66,600,000, to remain available until September 30, 2017, of which 

$56,900,000 shall be for the Special Inspector General for Afghanistan Reconstruction (SIGAR) for reconstruction oversight: Provided, 

That printing and reproduction costs shall not exceed amounts 

for such costs during fiscal year 2015: Provided further, That notwithstanding any other provision of law, any employee of SIGAR 

who completes at least 12 months of continuous service after the 

date of enactment of this Act or who is employed on the date 

on which SIGAR terminates, whichever occurs first, shall acquire 

competitive status for appointment to any position in the competitive service for which the employee possesses the required qualifications: Provided further, That such amount is designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

For an additional amount for ‘‘Embassy Security, Construction, 

and Maintenance’’, $747,851,000, to remain available until 

expended, of which $735,201,000 shall be for Worldwide Security 

Upgrades, acquisition, and construction as authorized: Provided, 

That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

For an additional amount for ‘‘Contributions to International 

Organizations’’, $101,728,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/ 

Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

the Balanced Budget and Emergency Deficit Control Act of 1985. 

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

For an additional amount for ‘‘Contributions for International 

Peacekeeping Activities’’, $1,794,088,000, to remain available until 

September 30, 2017: Provided, That such amount is designated 

by the Congress for Overseas Contingency Operations/Global War 

on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2825 

RELATED AGENCY 

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

For an additional amount for ‘‘International Broadcasting Oper- ations’’, $10,700,000, to remain available until September 30, 2017: 

Provided, That such amount is designated by the Congress for 

Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

Deficit Control Act of 1985. 

UNITED STATES AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

FUNDS APPROPRIATED TO THE PRESIDENT

OPERATING EXPENSES

For an additional amount for ‘‘Operating Expenses’’, 

$139,262,000, to remain available until September 30, 2017: Provided, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

BILATERAL ECONOMIC ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL DISASTER ASSISTANCE

For an additional amount for ‘‘International Disaster Assistance’’, $1,919,421,000, to remain available until expended: Provided, 

That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

TRANSITION INITIATIVES

For an additional amount for ‘‘Transition Initiatives’’, 

$37,000,000, to remain available until expended: Provided, That 

such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 

251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

COMPLEX CRISES FUND

For an additional amount for ‘‘Complex Crises Fund’’, 

$20,000,000, to remain available until expended: Provided, That 

such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 

251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985. 


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129 STAT. 2826 PUBLIC LAW 114–113—DEC. 18, 2015 

ECONOMIC SUPPORT FUND

For an additional amount for ‘‘Economic Support Fund’’, 

$2,422,673,000, to remain available until September 30, 2017: Provided, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

For an additional amount for ‘‘Assistance for Europe, Eurasia 

and Central Asia’’, $438,569,000, to remain available until September 30, 2017: Provided, That such amount is designated by 

the Congress for Overseas Contingency Operations/Global War on 

Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

DEPARTMENT OF STATE

MIGRATION AND REFUGEE ASSISTANCE

For an additional amount for ‘‘Migration and Refugee Assistance’’ to respond to refugee crises, including in Africa, the Near 

East, South and Central Asia, and Europe and Eurasia, 

$2,127,114,000, to remain available until expended, except that 

such funds shall not be made available for the resettlement costs 

of refugees in the United States: Provided, That such amount 

is designated by the Congress for Overseas Contingency Operations/ 

Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

the Balanced Budget and Emergency Deficit Control Act of 1985. 

INTERNATIONAL SECURITY ASSISTANCE 

DEPARTMENT OF STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

For an additional amount for ‘‘International Narcotics Control 

and Law Enforcement’’, $371,650,000, to remain available until 

September 30, 2017: Provided, That such amount is designated 

by the Congress for Overseas Contingency Operations/Global War 

on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED

PROGRAMS

For an additional amount for ‘‘Nonproliferation, Anti-terrorism, 

Demining and Related Programs’’, $379,091,000, to remain available 

until September 30, 2017: Provided, That such amount is designated 

by the Congress for Overseas Contingency Operations/Global War 

on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced 

Budget and Emergency Deficit Control Act of 1985. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2827 

PEACEKEEPING OPERATIONS

For an additional amount for ‘‘Peacekeeping Operations’’, 

$469,269,000, to remain available until September 30, 2017: Provided, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 

Control Act of 1985: Provided further, That funds available for 

obligation under this heading in this Act may be used to pay 

assessed expenses of international peacekeeping activities in 

Somalia, subject to the regular notification procedures of the 

Committees on Appropriations, except that such expenses shall 

not exceed the level described in the final proviso under the heading 

‘‘Contributions for International Peacekeeping Activities’’ in title 

I of this Act. 

FUNDS APPROPRIATED TO THE PRESIDENT

FOREIGN MILITARY FINANCING PROGRAM

For an additional amount for ‘‘Foreign Military Financing Pro- gram’’, $1,288,176,000, to remain available until September 30, 

2017: Provided, That such amount is designated by the Congress 

for Overseas Contingency Operations/Global War on Terrorism 

pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 

Emergency Deficit Control Act of 1985. 

GENERAL PROVISIONS 

ADDITIONAL APPROPRIATIONS

SEC. 8001. Notwithstanding any other provision of law, funds 

appropriated in this title are in addition to amounts appropriated 

or otherwise made available in this Act for fiscal year 2016. 

EXTENSION OF AUTHORITIES AND CONDITIONS

SEC. 8002. Unless otherwise provided for in this Act, the additional amounts appropriated by this title to appropriations accounts 

in this Act shall be available under the authorities and conditions 

applicable to such appropriations accounts. 

TRANSFER AUTHORITY

SEC. 8003. (a)(1) Funds appropriated by this title in this Act 

under the headings ‘‘Transition Initiatives’’, ‘‘Complex Crises Fund’’, 

‘‘Economic Support Fund’’, and ‘‘Assistance for Europe, Eurasia 

and Central Asia’’ may be transferred to, and merged with, funds 

appropriated by this title under such headings. 

(2) Funds appropriated by this title in this Act under the 

headings ‘‘International Narcotics Control and Law Enforcement’’, 

‘‘Nonproliferation, Anti-terrorism, Demining and Related Programs’’, ‘‘Peacekeeping Operations’’, and ‘‘Foreign Military 

Financing Program’’ may be transferred to, and merged with, funds 

appropriated by this title under such headings. 

(3) Of the funds appropriated by this title under the heading 

‘‘International Disaster Assistance’’, up to $600,000,000 may be 


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129 STAT. 2828 PUBLIC LAW 114–113—DEC. 18, 2015 

transferred to, and merged with, funds appropriated by this title 

under the heading ‘‘Migration and Refugee Assistance’’. 

(b) Notwithstanding any other provision of this section, not 

to exceed $15,000,000 from funds appropriated under the heading 

‘‘Foreign Military Financing Program’’ by this title in this Act 

and made available for the Europe and Eurasia Regional program 

may be transferred to, and merged with, funds previously made 

available under the heading ‘‘Global Security Contingency Fund’’ 

which shall be available only for programs in the Europe and 

Eurasia region. 

(c) The transfer authority provided in subsection (a) may only 

be exercised to address contingencies. 

(d) The transfer authority provided in subsections (a) and (b) 

shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided, 

That such transfer authority is in addition to any transfer authority 

otherwise available under any other provision of law, including 

section 610 of the Foreign Assistance Act of 1961 which may be 

exercised by the Secretary of State for the purposes of this title. 

TITLE IX 

OTHER MATTERS 

MULTILATERAL ASSISTANCE 

INTERNATIONAL MONETARY PROGRAMS

UNITED STATES QUOTA, INTERNATIONAL MONETARY FUND

DIRECT LOAN PROGRAM ACCOUNT

For an increase in the United States quota in the International 

Monetary Fund, the dollar equivalent of 40,871,800,000 Special 

Drawing Rights, to remain available until expended: Provided, That 

notwithstanding the provisos under the heading ‘‘International 

Assistance Programs—International Monetary Programs—United 

States Quota, International Monetary Fund’’ in the Supplemental 

Appropriations Act, 2009 (Public Law 111–32), the costs of the 

amounts provided under this heading in this Act and in Public 

Law 111–32 shall be estimated on a present value basis, excluding 

administrative costs and any incidental effects on governmental 

receipts or outlays: Provided further, That for purposes of the previous proviso, the discount rate for purposes of the present value 

calculation shall be the appropriate interest rate on marketable 

Treasury securities, adjusted for market risk: Provided further, 

That such amount is designated by the Congress as an emergency 

requirement pursuant to section 251(b)(2)(A)(i) of the Balanced 

Budget and Emergency Deficit Control Act of 1985, as amended: 

Provided further, That such amount shall be available only if the 

President designates such amount, and the related amount to be 

rescinded under the heading ‘‘Loans to the International Monetary 

Fund Direct Loan Program Account’’, as an emergency requirement 

pursuant to section 251(b)(2)(A)(i) and transmits such designation 

to the Congress. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2829 

LOANS TO THE INTERNATIONAL MONETARY FUND

DIRECT LOAN PROGRAM ACCOUNT

(INCLUDING RESCISSION OF FUNDS)

Of the amounts provided under the heading ‘‘International 

Assistance Programs—International Monetary Programs—Loans to 

International Monetary Fund’’ in the Supplemental Appropriations 

Act, 2009 (Public Law 111–32), the dollar equivalent of 

40,871,800,000 Special Drawing Rights is hereby permanently 

rescinded as of the date when the rollback of the United States 

credit arrangement in the New Arrangements to Borrow of the 

International Monetary Fund is effective, but no earlier than when 

the increase of the United States quota authorized in section 72 

of the Bretton Woods Agreements Act (22 U.S.C. 286 et seq.) 

becomes effective: Provided, That notwithstanding the second 

through fourth provisos under the heading ‘‘International Assistance 

Programs—International Monetary Programs—Loans to International Monetary Fund’’ in Public Law 111–32, the costs of the 

amounts under this heading in this Act and in Public Law 111– 

32 shall be estimated on a present value basis, excluding administrative costs and any incidental effects on governmental receipts 

or outlays: Provided further, That for purposes of the previous 

proviso, the discount rate for purposes of the present value calculation shall be the appropriate interest rate on marketable Treasury 

securities, adjusted for market risk: Provided further, That such 

amount is designated by the Congress as an emergency requirement 

pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 

Emergency Deficit Control Act of 1985, as amended: Provided further, That such amount shall be rescinded only if the President 

designates such amount as an emergency requirement pursuant 

to section 251(b)(2)(A)(i) and transmits such designation to the 

Congress. 

GENERAL PROVISIONS 

LIMITATIONS ON AND EXPIRATION OF AUTHORITY WITH RESPECT TO

NEW ARRANGEMENTS TO BORROW

SEC. 9001. Section 17 of the Bretton Woods Agreements Act 

(22 U.S.C. 286e–2) is amended— 

(1) in subsection (a) by adding at the end the following: 

‘‘(5) The authority to make loans under this section shall 

expire on December 16, 2022.’’; 

(2) in subsection (b), in paragraphs (1) and (2), by inserting 

before the end period the following: ‘‘, only to the extent that 

amounts available for such loans are not rescinded by an Act 

of Congress’’; 

(3) by adding the following subsection (e), which shall be 

effective from the first day of the next period of renewal of 

the NAB decision after enactment of this Act: 

‘‘(e) New Requirement for Activation of the New Arrangements 

to Borrow 

‘‘(1) The Secretary of the Treasury shall include in the 

certification and report required by paragraphs (a)(1), (a)(2), 

(b)(1), and (b)(2) of this section prior to activation an additional 

certification and report that— 

22 USC 286e–2 

note. 


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129 STAT. 2830 PUBLIC LAW 114–113—DEC. 18, 2015 

‘‘(A) the one-year forward commitment capacity of the 

IMF (excluding borrowed resources) is expected to fall 

below 100,000,000,000 Special Drawing Rights during the 

period of the NAB activation; and 

‘‘(B) activation of the NAB is in the United States 

strategic economic interest with the reasons and analysis 

for that determination. 

‘‘(2) Prior to submitting any certification and report 

required by paragraphs (a)(1), (a)(2), (b)(1), and (b)(2) of this 

section, the Secretary of the Treasury shall consult with the 

appropriate congressional committees.’’; and 

(4) by adding at the end the following: 

‘‘(f) In this section, the term ‘appropriate congressional committees’ means the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and 

Financial Services of the House of Representatives.’’. 

ACCEPTANCE OF AMENDMENTS TO ARTICLES OF AGREEMENT; QUOTA

INCREASE

SEC. 9002. The Bretton Woods Agreements Act (22 U.S.C. 286 

et seq.) is amended by adding at the end the following: 

‘‘SEC. 71. ACCEPTANCE OF AMENDMENTS TO THE ARTICLES OF AGREEMENT OF THE FUND. 

‘‘The United States Governor of the Fund may accept the 

amendments to the Articles of Agreement of the Fund as proposed 

in resolution 66–2 of the Board of Governors of the Fund. 

‘‘SEC. 72. QUOTA INCREASE. 

‘‘(a) IN GENERAL.—The United States Governor of the Fund 

may consent to an increase in the quota of the United States 

in the Fund equivalent to 40,871,800,000 Special Drawing Rights. 

‘‘(b) SUBJECT TO APPROPRIATIONS.—The authority provided by 

subsection (a) shall be effective only to such extent or in such 

amounts as are provided in advance in appropriations Acts.’’. 

REPORT ON METHODOLOGY USED FOR CONGRESSIONAL BUDGET

OFFICE COST ESTIMATES

SEC. 9003. (a) REPORT.—Not later than 180 days after the 

date of enactment of this Act, the Director of the Congressional 

Budget Office shall submit a report to the appropriate congressional 

committees on the methodology used and rationale for incorporating 

market risk in cost estimates for the International Monetary Fund: 

Provided, That for the purposes of this subsection, the term ‘‘appropriate congressional committees’’ means— 

(1) the Committees on Appropriations, Budget, Banking, 

Housing and Urban Affairs, and Foreign Relations of the 

Senate; and 

(2) the Committees on Appropriations, Budget, and Financial Services of the House of Representatives. 

(b) REQUIREMENTS.—The report submitted pursuant to subsection (a) shall include matters relevant to the evaluation of the 

budgetary effects of the participation of the United States in the 

International Monetary Fund, including the risks associated with— 

22 USC 286xx. 

22 USC 286ww. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2831 

(1) the current participation of the United States in the 

International Monetary Fund, including the market risk of 

the Fund; 

(2) countries borrowing from the Fund; 

(3) the various loan instruments and assistance activities 

of the Fund; and 

(4) past participation of the United States in the International Monetary Fund, including the historical net cost to 

the government of previous quota increases. 

(c) REVIEW.—Following the submission of the report required 

by subsection (a), the Committees on Appropriations and Budget 

of the Senate and the Committees on Appropriations and Budget 

of the House of Representatives shall review the Congressional 

Budget Office’s market risk scoring methodology and consider 

options for modifying the budgetary treatment of new appropriations to the International Monetary Fund: Provided, That in conducting such review, such committees should consult with other 

interested parties, including the Office of Management and Budget 

and the Congressional Budget Office. 

REQUIRED CONSULTATIONS WITH CONGRESS IN ADVANCE OF

CONSIDERATION OF EXCEPTIONAL ACCESS LENDING

SEC. 9004. (a) IN GENERAL.—The United States Executive 

Director of the International Monetary Fund (the Fund) (or any 

designee of the Executive Director) may not vote for the approval 

of an exceptional access loan to be provided by the Fund to a 

country unless, not later than 7 days before voting to approve 

that loan (subject to subsection (c)), the Secretary of the Treasury 

submits to the Committees on Appropriations and Foreign Relations 

of the Senate and the Committees on Appropriations and Financial 

Services of the House of Representatives— 

(1) a report on the exceptional access program under which 

the loan is to be provided, including a description of the size 

and tenor of the program; and 

(2) a debt sustainability analysis and related documentation justifying the need for the loan. 

(b) ELEMENTS.—A debt sustainability analysis under subsection 

(a)(2) with respect to an exceptional access loan shall include the 

following: 

(1) any assumptions for growth of the gross domestic 

product of the country that may receive the loan; 

(2) an estimate of whether the public debt of that country 

is sustainable in the medium term, consistent with the exceptional access lending rules of the Fund; 

(3) an estimate of the prospects of that country for 

regaining access to private capital markets; and 

(4) an evaluation of the probability of the success of providing the exceptional access loan. 

(c) EXTRAORDINARY CIRCUMSTANCES.—The Secretary may 

submit the report and analysis required by subsection (a) to the 

Committees on Appropriations and Foreign Relations of the Senate 

and the Committees on Appropriations and Financial Services of 

the House of Representatives not later than 2 business days after 

a decision by the Executive Board of the Fund to approve an 

exceptional access loan only if the Secretary— 

(1) determines and certifies that— 


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129 STAT. 2832 PUBLIC LAW 114–113—DEC. 18, 2015 

(A) an emergency exists in the country that applied 

for the loan and that country requires immediate assistance 

to avoid disrupting orderly financial markets; or 

(B) other extraordinary circumstances exist that warrant delaying the submission of the report and analysis; 

and 

(2) submits with the report and analysis a detailed explanation of the emergency or extraordinary circumstances and 

the reasons for the delay. 

(d) FORM OF REPORT AND ANALYSIS.—The report and debt 

sustainability analysis and related documentation required by subsection (a) may be submitted in classified form. 

REPEAL OF SYSTEMIC RISK EXEMPTION TO LIMITATIONS TO ACCESS

POLICY OF THE INTERNATIONAL MONETARY FUND

SEC. 9005. (a) POSITION OF THE UNITED STATES.—The Secretary 

of the Treasury shall direct the United States Executive Director 

of the International Monetary Fund (the Fund) to use the voice 

and vote of the United States to urge the Executive Board of 

the Fund to repeal the systemic risk exemption to the debt sustainability criterion of the Fund’s exceptional access framework, as 

set forth in paragraph 3(b) of Decision No. 14064-(08/18) of the 

Fund (relating to access policy and limits in the credit tranches 

and under the extended Fund facility and overall access to the 

Fund’s general resources, and exceptional access policy). 

(b) REPORT REQUIRED.—The quota increase authorized by the 

amendments made by section 9002 shall not be disbursed until 

the Secretary of the Treasury reports to the Committees on Appropriations and Foreign Relations of the Senate and the Committees 

on Appropriations and Financial Services of the House of Representatives that the United States has taken all necessary steps to 

secure repeal of the systemic risk exemption to the framework 

described in subsection (a). 

ANNUAL REPORT ON LENDING, SURVEILLANCE, OR TECHNICAL

ASSISTANCE POLICIES OF THE INTERNATIONAL MONETARY FUND

SEC. 9006. Not later than one year after the date of the enactment of this Act, and annually thereafter until 2025, the Secretary 

of the Treasury shall submit to the Committees on Appropriations 

and Foreign Relations of the Senate and the Committees on Appropriations and Financial Services of the House of Representatives 

a written report that includes— 

(1) a description of any changes in the policies of the 

International Monetary Fund (the Fund) with respect to 

lending, surveillance, or technical assistance; 

(2) an analysis of whether those changes, if any, increase 

or decrease the risk to United States financial commitments 

to the Fund; 

(3) an analysis of any new or ongoing exceptional access 

loans of the Fund in place during the year preceding the 

submission of the report; and 

(4) a description of any changes to the exceptional access 

policies of the Fund. 

22 USC 262o–2 

note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2833 

REPORT ON IMPROVING UNITED STATES PARTICIPATION IN THE

INTERNATIONAL MONETARY FUND

SEC. 9007. Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall submit to 

the Committees on Appropriations and Foreign Relations of the 

Senate and the Committees on Appropriations and Financial Services of the House of Representatives a written report on ways 

to improve the effectiveness, and mitigate the risks, of United 

States participation in the International Monetary Fund (the Fund) 

that includes the following: 

(1) An analysis of recent changes to the surveillance products and policies of the Fund and whether those products 

and policies effectively address the shortcomings of surveillance 

by the Fund in the periods preceding the global financial crisis 

that began in 2008 and the European debt crisis that began 

in 2009. 

(2) A discussion of ways to better encourage countries to 

implement policy recommendations of the Fund, including— 

(A) whether the implementation rate of such policy 

recommendations would increase if the Fund provided regular status reports on whether countries have implemented 

its policy recommendations; and 

(B) whether or not lending by the Fund should be 

limited to countries that have taken necessary steps to 

implement such policy recommendations, including an analysis of the potential effectiveness of that limitation. 

(3) An analysis of the transparency policy of the Fund, 

ways that transparency policy can be improved, and whether 

such improvements would be beneficial. 

(4) A detailed analysis of the riskiness of exceptional access 

loans provided by the Fund, including— 

(A) whether the additional interest rate surcharge is 

working as intended to discourage large and prolonged 

use of resources of the Fund; and 

(B) whether it would be beneficial for the Fund to 

require collateral when making exceptional access loans, 

and how requiring collateral would affect the make-up 

of exceptional access loans and the demand for such loans. 

(5) A description of how the classification of loans provided 

by the Fund would change if Fund quotas were increased 

under the amendments to the Articles of Agreement of the 

Fund proposed in resolution 66–2 of the Board of Governors 

of the Fund, including an assessment of how the quota increase 

would affect the classification of exceptional access loans outstanding as of the date of the report and whether the quota 

increase would lead to revisions of the classification of such 

loans. 

(6) A discussion and analysis of lessons learned from the 

lending arrangements that included the Fund, the European 

Commission, and the European Central Bank (commonly 

referred to as the ‘‘Troika’’) during the European debt crisis. 

(7) An analysis of the risks or benefits of increasing the 

transparency of the technical assistance projects of the Fund, 

including a discussion of— 

(A) the advantages and disadvantages of the current 

technical assistance disclosure policies of the Fund; 


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129 STAT. 2834 PUBLIC LAW 114–113—DEC. 18, 2015 

(B) how technical assistance from the Fund could be 

better used to prevent crises from happening in the future; 

and 

(C) whether and how the Fund coordinates technical 

assistance projects with other organizations, including the 

United States Department of the Treasury, to avoid 

duplication of efforts. 

This division may be cited as the ‘‘Department of State, Foreign 

Operations, and Related Programs Appropriations Act, 2016’’. 

DIVISION L—TRANSPORTATION, HOUSING AND URBAN 

DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2016 

TITLE I 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY

SALARIES AND EXPENSES

For necessary expenses of the Office of the Secretary, $108,750,000, of which not to exceed $2,734,000 shall be available 

for the immediate Office of the Secretary; not to exceed $1,025,000 

shall be available for the immediate Office of the Deputy Secretary; 

not to exceed $20,609,000 shall be available for the Office of the 

General Counsel; not to exceed $9,941,000 shall be available for 

the Office of the Under Secretary of Transportation for Policy; 

not to exceed $13,697,000 shall be available for the Office of the 

Assistant Secretary for Budget and Programs; not to exceed 

$2,546,000 shall be available for the Office of the Assistant Secretary for Governmental Affairs; not to exceed $25,925,000 shall 

be available for the Office of the Assistant Secretary for Administration; not to exceed $2,029,000 shall be available for the Office 

of Public Affairs; not to exceed $1,737,000 shall be available for 

the Office of the Executive Secretariat; not to exceed $1,434,000 

shall be available for the Office of Small and Disadvantaged Business Utilization; not to exceed $10,793,000 shall be available for 

the Office of Intelligence, Security, and Emergency Response; and 

not to exceed $16,280,000 shall be available for the Office of the 

Chief Information Officer: Provided, That the Secretary of Transportation is authorized to transfer funds appropriated for any office 

of the Office of the Secretary to any other office of the Office 

of the Secretary: Provided further, That no appropriation for any 

office shall be increased or decreased by more than 5 percent 

by all such transfers: Provided further, That notice of any change 

in funding greater than 5 percent shall be submitted for approval 

to the House and Senate Committees on Appropriations: Provided 

further, That not to exceed $60,000 shall be for allocation within 

the Department for official reception and representation expenses 

as the Secretary may determine: Provided further, That notwithstanding any other provision of law, excluding fees authorized in 

Public Law 107–71, there may be credited to this appropriation 

up to $2,500,000 in funds received in user fees: Provided further, 

That none of the funds provided in this Act shall be available 

for the position of Assistant Secretary for Public Affairs: Provided 

further, That not later than 60 days after the date of enactment 

Department of 

Transportation 

Appropriations 

Act, 2016. 

Transportation, 

Housing and 

Urban 

Development, 

and Related 

Agencies 

Appropriations 

Act, 2016. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2835 

of this Act, the Secretary of Transportation shall transmit to Congress the final Comprehensive Truck Size and Weight Limits Study, 

as required by section 32801 of Public Law 112–141. 

RESEARCH AND TECHNOLOGY

For necessary expenses related to the Office of the Assistant Secretary for Research and Technology, $13,000,000, of which 

$8,218,000 shall remain available until September 30, 2018: Provided, That there may be credited to this appropriation, to be 

available until expended, funds received from States, counties, 

municipalities, other public authorities, and private sources for 

expenses incurred for training: Provided further, That any reference 

in law, regulation, judicial proceedings, or elsewhere to the Research 

and Innovative Technology Administration shall continue to be 

deemed to be a reference to the Office of the Assistant Secretary 

for Research and Technology of the Department of Transportation. 

NATIONAL INFRASTRUCTURE INVESTMENTS

For capital investments in surface transportation infrastruc- ture, $500,000,000, to remain available through September 30, 2019: 

Provided, That the Secretary of Transportation shall distribute 

funds provided under this heading as discretionary grants to be 

awarded to a State, local government, transit agency, or a collaboration among such entities on a competitive basis for projects that 

will have a significant impact on the Nation, a metropolitan area, 

or a region: Provided further, That projects eligible for funding 

provided under this heading shall include, but not be limited to, 

highway or bridge projects eligible under title 23, United States 

Code; public transportation projects eligible under chapter 53 of 

title 49, United States Code; passenger and freight rail transportation projects; and port infrastructure investments (including 

inland port infrastructure and land ports of entry): Provided further, That the Secretary may use up to 20 percent of the funds made 

available under this heading for the purpose of paying the subsidy 

and administrative costs of projects eligible for Federal credit assistance under chapter 6 of title 23, United States Code, if the Secretary 

finds that such use of the funds would advance the purposes of 

this paragraph: Provided further, That in distributing funds provided under this heading, the Secretary shall take such measures 

so as to ensure an equitable geographic distribution of funds, an 

appropriate balance in addressing the needs of urban and rural 

areas, and the investment in a variety of transportation modes: 

Provided further, That a grant funded under this heading shall be not less than $5,000,000 and not greater than $100,000,000: 

Provided further, That not more than 20 percent of the funds 

made available under this heading may be awarded to projects 

in a single State: Provided further, That the Federal share of 

the costs for which an expenditure is made under this heading 

shall be, at the option of the recipient, up to 80 percent: Provided 

further, That the Secretary shall give priority to projects that 

require a contribution of Federal funds in order to complete an 

overall financing package: Provided further, That not less than 

20 percent of the funds provided under this heading shall be for 

projects located in rural areas: Provided further, That for projects 

located in rural areas, the minimum grant size shall be $1,000,000 

and the Secretary may increase the Federal share of costs above 

49 USC 112 note. 


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129 STAT. 2836 PUBLIC LAW 114–113—DEC. 18, 2015 

80 percent: Provided further, That projects conducted using funds 

provided under this heading must comply with the requirements 

of subchapter IV of chapter 31 of title 40, United States Code: 

Provided further, That the Secretary shall conduct a new competition to select the grants and credit assistance awarded under this 

heading: Provided further, That the Secretary may retain up to 

$20,000,000 of the funds provided under this heading, and may 

transfer portions of those funds to the Administrators of the Federal 

Highway Administration, the Federal Transit Administration, the 

Federal Railroad Administration and the Maritime Administration, 

to fund the award and oversight of grants and credit assistance 

made under the National Infrastructure Investments program. 

FINANCIAL MANAGEMENT CAPITAL

For necessary expenses for upgrading and enhancing the 

Department of Transportation’s financial systems and reengineering business processes, $5,000,000, to remain available 

through September 30, 2017. 

CYBER SECURITY INITIATIVES

For necessary expenses for cyber security initiatives, including 

necessary upgrades to wide area network and information technology infrastructure, improvement of network perimeter controls 

and identity management, testing and assessment of information 

technology against business, security, and other requirements, 

implementation of Federal cyber security initiatives and information 

infrastructure enhancements, implementation of enhanced security 

controls on network devices, and enhancement of cyber security 

workforce training tools, $8,000,000, to remain available through 

September 30, 2017. 

OFFICE OF CIVIL RIGHTS

For necessary expenses of the Office of Civil Rights, $9,678,000. 

TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT

For necessary expenses for conducting transportation planning, 

research, systems development, development activities, and making 

grants, to remain available until expended, $8,500,000: Provided, 

That of such amount, $2,500,000 shall be for necessary expenses 

to establish an Interagency Infrastructure Permitting Improvement 

Center (IIPIC) that will implement reforms to improve interagency 

coordination and the expediting of projects related to the permitting 

and environmental review of major transportation infrastructure 

projects including one-time expenses to develop and deploy information technology tools to track project schedules and metrics and 

improve the transparency and accountability of the permitting 

process: Provided further, That there may be transferred to this 

appropriation, to remain available until expended, amounts from 

other Federal agencies for expenses incurred under this heading 

for IIPIC activities not related to transportation infrastructure: 

Provided further, That the tools and analysis developed by the 

IIPIC shall be available to other Federal agencies for the permitting 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2837 

and review of major infrastructure projects not related to transportation only to the extent that other Federal agencies provide funding 

to the Department as provided for under the previous proviso. 

WORKING CAPITAL FUND

For necessary expenses for operating costs and capital outlays 

of the Working Capital Fund, not to exceed $190,039,000 shall 

be paid from appropriations made available to the Department 

of Transportation: Provided, That such services shall be provided 

on a competitive basis to entities within the Department of 

Transportation: Provided further, That the above limitation on operating expenses shall not apply to non-DOT entities: Provided further, That no funds appropriated in this Act to an agency of the 

Department shall be transferred to the Working Capital Fund without majority approval of the Working Capital Fund Steering Committee and approval of the Secretary: Provided further, That no 

assessments may be levied against any program, budget activity, 

subactivity or project funded by this Act unless notice of such 

assessments and the basis therefor are presented to the House 

and Senate Committees on Appropriations and are approved by 

such Committees. 

MINORITY BUSINESS RESOURCE CENTER PROGRAM

For the cost of guaranteed loans, $336,000, as authorized by 

49 U.S.C. 332: Provided, That such costs, including the cost of 

modifying such loans, shall be as defined in section 502 of the 

Congressional Budget Act of 1974: Provided further, That these 

funds are available to subsidize total loan principal, any part of 

which is to be guaranteed, not to exceed $18,367,000. 

In addition, for administrative expenses to carry out the 

guaranteed loan program, $597,000. 

MINORITY BUSINESS OUTREACH

For necessary expenses of Minority Business Resource Center outreach activities, $3,084,000, to remain available until September 

30, 2017: Provided, That notwithstanding 49 U.S.C. 332, these 

funds may be used for business opportunities related to any mode 

of transportation. 

PAYMENTS TO AIR CARRIERS

(AIRPORT AND AIRWAY TRUST FUND)

In addition to funds made available from any other source 

to carry out the essential air service program under 49 U.S.C. 

41731 through 41742, $175,000,000, to be derived from the Airport 

and Airway Trust Fund, to remain available until expended: Provided, That in determining between or among carriers competing 

to provide service to a community, the Secretary may consider 

the relative subsidy requirements of the carriers: Provided further, 

That basic essential air service minimum requirements shall not 

include the 15-passenger capacity requirement under subsection 

41732(b)(3) of title 49, United States Code: Provided further, That 

none of the funds in this Act or any other Act shall be used 

to enter into a new contract with a community located less than 


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129 STAT. 2838 PUBLIC LAW 114–113—DEC. 18, 2015 

40 miles from the nearest small hub airport before the Secretary 

has negotiated with the community over a local cost share: Provided 

further, That amounts authorized to be distributed for the essential 

air service program under subsection 41742(b) of title 49, United 

States Code, shall be made available immediately from amounts 

otherwise provided to the Administrator of the Federal Aviation 

Administration: Provided further, That the Administrator may 

reimburse such amounts from fees credited to the account established under section 45303 of title 49, United States Code. 

ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY OF

TRANSPORTATION

SEC. 101. None of the funds made available in this Act to 

the Department of Transportation may be obligated for the Office 

of the Secretary of Transportation to approve assessments or 

reimbursable agreements pertaining to funds appropriated to the 

modal administrations in this Act, except for activities underway 

on the date of enactment of this Act, unless such assessments 

or agreements have completed the normal reprogramming process 

for Congressional notification. 

SEC. 102. Notwithstanding section 3324 of title 31, United 

States Code, in addition to authority provided by section 327 of 

title 49, United States Code, the Department’s Working Capital 

Fund is hereby authorized to provide payments in advance to vendors that are necessary to carry out the Federal transit pass 

transportation fringe benefit program under Executive Order 13150 

and section 3049 of Public Law 109–59: Provided, That the Department shall include adequate safeguards in the contract with the 

vendors to ensure timely and high-quality performance under the 

contract. 

SEC. 103. The Secretary shall post on the Web site of the 

Department of Transportation a schedule of all meetings of the 

Credit Council, including the agenda for each meeting, and require 

the Credit Council to record the decisions and actions of each 

meeting. 

SEC. 104. In addition to authority provided by section 327 

of title 49, United States Code, the Department’s Working Capital 

Fund is hereby authorized to provide partial or full payments 

in advance and accept subsequent reimbursements from all Federal 

agencies for transit benefit distribution services that are necessary 

to carry out the Federal transit pass transportation fringe benefit 

program under Executive Order No. 13150 and section 3049 of 

Public Law 109–59: Provided, That the Department shall maintain 

a reasonable operating reserve in the Working Capital Fund, to 

be expended in advance to provide uninterrupted transit benefits 

to Government employees, provided that such reserve will not 

exceed one month of benefits payable: Provided further, that such 

reserve may be used only for the purpose of providing for the 

continuation of transit benefits, provided that the Working Capital 

Fund will be fully reimbursed by each customer agency for the 

actual cost of the transit benefit. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2839 

FEDERAL AVIATION ADMINISTRATION

OPERATIONS

(AIRPORT AND AIRWAY TRUST FUND)

For necessary expenses of the Federal Aviation Administration, 

not otherwise provided for, including operations and research activities related to commercial space transportation, administrative 

expenses for research and development, establishment of air navigation facilities, the operation (including leasing) and maintenance 

of aircraft, subsidizing the cost of aeronautical charts and maps 

sold to the public, lease or purchase of passenger motor vehicles 

for replacement only, in addition to amounts made available by 

Public Law 112–95, $9,909,724,000 of which $7,922,000,000 shall 

be derived from the Airport and Airway Trust Fund, of which 

not to exceed $7,505,293,000 shall be available for air traffic 

organization activities; not to exceed $1,258,411,000 shall be available for aviation safety activities; not to exceed $17,800,000 shall 

be available for commercial space transportation activities; not to 

exceed $760,500,000 shall be available for finance and management 

activities; not to exceed $60,089,000 shall be available for NextGen 

and operations planning activities; not to exceed $100,880,000 shall 

be available for security and hazardous materials safety; and not 

to exceed $206,751,000 shall be available for staff offices: Provided, That not to exceed 2 percent of any budget activity, except for 

aviation safety budget activity, may be transferred to any budget 

activity under this heading: Provided further, That no transfer 

may increase or decrease any appropriation by more than 2 percent: 

Provided further, That any transfer in excess of 2 percent shall 

be treated as a reprogramming of funds under section 405 of this 

Act and shall not be available for obligation or expenditure except 

in compliance with the procedures set forth in that section: Provided 

further, That not later than March 31 of each fiscal year hereafter, 

the Administrator of the Federal Aviation Administration shall 

transmit to Congress an annual update to the report submitted 

to Congress in December 2004 pursuant to section 221 of Public 

Law 108–176: Provided further, That the amount herein appropriated shall be reduced by $100,000 for each day after March 

31 that such report has not been submitted to the Congress: Provided further, That not later than March 31 of each fiscal year 

hereafter, the Administrator shall transmit to Congress a companion report that describes a comprehensive strategy for staffing, 

hiring, and training flight standards and aircraft certification staff 

in a format similar to the one utilized for the controller staffing 

plan, including stated attrition estimates and numerical hiring goals 

by fiscal year: Provided further, That the amount herein appropriated shall be reduced by $100,000 per day for each day after 

March 31 that such report has not been submitted to Congress: 

Provided further, That funds may be used to enter into a grant 

agreement with a nonprofit standard-setting organization to assist 

in the development of aviation safety standards: Provided further, 

That none of the funds in this Act shall be available for new 

applicants for the second career training program: Provided further, 

That none of the funds in this Act shall be available for the 

Federal Aviation Administration to finalize or implement any regulation that would promulgate new aviation user fees not specifically 

49 USC 44502 

note. 

49 USC 44506 

note. 


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129 STAT. 2840 PUBLIC LAW 114–113—DEC. 18, 2015 

authorized by law after the date of the enactment of this Act: 

Provided further, That there may be credited to this appropriation, 

as offsetting collections, funds received from States, counties, 

municipalities, foreign authorities, other public authorities, and 

private sources for expenses incurred in the provision of agency 

services, including receipts for the maintenance and operation of 

air navigation facilities, and for issuance, renewal or modification 

of certificates, including airman, aircraft, and repair station certificates, or for tests related thereto, or for processing major repair 

or alteration forms: Provided further, That of the funds appropriated 

under this heading, not less than $154,400,000 shall be for the 

contract tower program, including the contract tower cost share 

program: Provided further, That none of the funds in this Act 

for aeronautical charting and cartography are available for activities 

conducted by, or coordinated through, the Working Capital Fund: 

Provided further, That not later than 60 days after enactment 

of this Act, the Administrator shall review and update the agency’s 

‘‘Community Involvement Manual’’ related to new air traffic procedures, public outreach and community involvement: Provided further, That the Administrator shall complete and implement a plan 

which enhances community involvement techniques and proactively 

addresses concerns associated with performance based navigation 

projects: Provided further, That the Administrator shall transmit, 

in electronic format, the community involvement manual and plan 

to the House and Senate Committees on Appropriations, the House 

Committee on Transportation and Infrastructure, and the Senate 

Committee on Commerce, Science and Transportation not later 

than 180 days after enactment of this Act. 

FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND)

For necessary expenses, not otherwise provided for, for acquisition, establishment, technical support services, improvement by 

contract or purchase, and hire of national airspace systems and 

experimental facilities and equipment, as authorized under part 

A of subtitle VII of title 49, United States Code, including initial 

acquisition of necessary sites by lease or grant; engineering and 

service testing, including construction of test facilities and acquisition of necessary sites by lease or grant; construction and furnishing 

of quarters and related accommodations for officers and employees 

of the Federal Aviation Administration stationed at remote localities 

where such accommodations are not available; and the purchase, 

lease, or transfer of aircraft from funds available under this 

heading, including aircraft for aviation regulation and certification; 

to be derived from the Airport and Airway Trust Fund, 

$2,855,000,000, of which $470,049,000 shall remain available until 

September 30, 2016, and $2,384,951,000 shall remain available 

until September 30, 2018: Provided, That there may be credited 

to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses 

incurred in the establishment, improvement, and modernization 

of national airspace systems: Provided further, That no later than 

March 31, the Secretary of Transportation shall transmit to the 

Congress an investment plan for the Federal Aviation Administration which includes funding for each budget line item for fiscal 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2841 

years 2017 through 2021, with total funding for each year of the 

plan constrained to the funding targets for those years as estimated 

and approved by the Office of Management and Budget: Provided 

further, That the amount herein appropriated shall be reduced by $100,000 per day for each day after March 31 that such report 

has not been submitted to Congress. 

RESEARCH, ENGINEERING, AND DEVELOPMENT

(AIRPORT AND AIRWAY TRUST FUND)

For necessary expenses, not otherwise provided for, for 

research, engineering, and development, as authorized under part 

A of subtitle VII of title 49, United States Code, including construction of experimental facilities and acquisition of necessary sites 

by lease or grant, $166,000,000, to be derived from the Airport 

and Airway Trust Fund and to remain available until September 

30, 2018: Provided, That there may be credited to this appropriation 

as offsetting collections, funds received from States, counties, 

municipalities, other public authorities, and private sources, which 

shall be available for expenses incurred for research, engineering, 

and development. 

GRANTS-IN-AID FOR AIRPORTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(AIRPORT AND AIRWAY TRUST FUND)

(INCLUDING TRANSFER OF FUNDS)

For liquidation of obligations incurred for grants-in-aid for airport planning and development, and noise compatibility planning 

and programs as authorized under subchapter I of chapter 471 

and subchapter I of chapter 475 of title 49, United States Code, 

and under other law authorizing such obligations; for procurement, 

installation, and commissioning of runway incursion prevention 

devices and systems at airports of such title; for grants authorized 

under section 41743 of title 49, United States Code; and for inspection activities and administration of airport safety programs, 

including those related to airport operating certificates under section 44706 of title 49, United States Code, $3,600,000,000, to be 

derived from the Airport and Airway Trust Fund and to remain 

available until expended: Provided, That none of the funds under 

this heading shall be available for the planning or execution of 

programs the obligations for which are in excess of $3,350,000,000 

in fiscal year 2016, notwithstanding section 47117(g) of title 49, 

United States Code: Provided further, That none of the funds under 

this heading shall be available for the replacement of baggage 

conveyor systems, reconfiguration of terminal baggage areas, or 

other airport improvements that are necessary to install bulk explosive detection systems: Provided further, That notwithstanding section 47109(a) of title 49, United States Code, the Government’s 

share of allowable project costs under paragraph (2) for subgrants 

or paragraph (3) of that section shall be 95 percent for a project 

at other than a large or medium hub airport that is a successive 


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129 STAT. 2842 PUBLIC LAW 114–113—DEC. 18, 2015 

phase of a multi-phased construction project for which the project 

sponsor received a grant in fiscal year 2011 for the construction 

project: Provided further, That notwithstanding any other provision 

of law, of funds limited under this heading, not more than 

$107,100,000 shall be obligated for administration, not less than 

$15,000,000 shall be available for the Airport Cooperative Research 

Program, not less than $31,000,000 shall be available for Airport 

Technology Research, and $5,000,000, to remain available until 

expended, shall be available and transferred to ‘‘Office of the Secretary, Salaries and Expenses’’ to carry out the Small Community 

Air Service Development Program: Provided further, That in addition to airports eligible under section 41743 of title 49, such program 

may include the participation of an airport that serves a community 

or consortium that is not larger than a small hub airport, according 

to FAA hub classifications effective at the time the Office of the 

Secretary issues a request for proposals. 

ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION ADMINISTRATION

SEC. 110. None of the funds in this Act may be used to compensate in excess of 600 technical staff-years under the federally 

funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation 

Systems Development during fiscal year 2016. 

SEC. 111. None of the funds in this Act shall be used to 

pursue or adopt guidelines or regulations requiring airport sponsors 

to provide to the Federal Aviation Administration without cost 

building construction, maintenance, utilities and expenses, or space 

in airport sponsor-owned buildings for services relating to air traffic 

control, air navigation, or weather reporting: Provided, That the 

prohibition of funds in this section does not apply to negotiations 

between the agency and airport sponsors to achieve agreement 

on ‘‘below-market’’ rates for these items or to grant assurances 

that require airport sponsors to provide land without cost to the 

FAA for air traffic control facilities. 

SEC. 112. The Administrator of the Federal Aviation Administration may reimburse amounts made available to satisfy 49 U.S.C. 

41742(a)(1) from fees credited under 49 U.S.C. 45303 and any 

amount remaining in such account at the close of that fiscal year 

may be made available to satisfy section 41742(a)(1) for the subsequent fiscal year. 

SEC. 113. Amounts collected under section 40113(e) of title 

49, United States Code, shall be credited to the appropriation 

current at the time of collection, to be merged with and available 

for the same purposes of such appropriation. 

SEC. 114. None of the funds in this Act shall be available 

for paying premium pay under subsection 5546(a) of title 5, United 

States Code, to any Federal Aviation Administration employee 

unless such employee actually performed work during the time 

corresponding to such premium pay. 

SEC. 115. None of the funds in this Act may be obligated 

or expended for an employee of the Federal Aviation Administration 

to purchase a store gift card or gift certificate through use of 

a Government-issued credit card. 

SEC. 116. The Secretary shall apportion to the sponsor of an 

airport that received scheduled or unscheduled air service from 

a large certified air carrier (as defined in part 241 of title 14 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2843 

Code of Federal Regulations, or such other regulations as may 

be issued by the Secretary under the authority of section 41709) 

an amount equal to the minimum apportionment specified in 49 

U.S.C. 47114(c), if the Secretary determines that airport had more 

than 10,000 passenger boardings in the preceding calendar year, 

based on data submitted to the Secretary under part 241 of title 

14, Code of Federal Regulations. 

SEC. 117. None of the funds in this Act may be obligated 

or expended for retention bonuses for an employee of the Federal 

Aviation Administration without the prior written approval of the 

Assistant Secretary for Administration of the Department of 

Transportation. 

SEC. 118. Notwithstanding any other provision of law, none 

of the funds made available under this Act or any prior Act may 

be used to implement or to continue to implement any limitation 

on the ability of any owner or operator of a private aircraft to 

obtain, upon a request to the Administrator of the Federal Aviation 

Administration, a blocking of that owner’s or operator’s aircraft 

registration number from any display of the Federal Aviation 

Administration’s Aircraft Situational Display to Industry data that 

is made available to the public, except data made available to 

a Government agency, for the noncommercial flights of that owner 

or operator. 

SEC. 119. None of the funds in this Act shall be available 

for salaries and expenses of more than nine political and Presidential appointees in the Federal Aviation Administration. 

SEC. 119A. None of the funds made available under this Act 

may be used to increase fees pursuant to section 44721 of title 

49, United States Code, until the FAA provides to the House and 

Senate Committees on Appropriations a report that justifies all 

fees related to aeronautical navigation products and explains how 

such fees are consistent with Executive Order 13642. 

SEC. 119B. None of the funds in this Act may be used to 

close a regional operations center of the Federal Aviation Administration or reduce its services unless the Administrator notifies 

the House and Senate Committees on Appropriations not less than 

90 full business days in advance. 

SEC. 119C. None of the funds appropriated or limited by this 

Act may be used to change weight restrictions or prior permission 

rules at Teterboro airport in Teterboro, New Jersey. 

FEDERAL HIGHWAY ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

(HIGHWAY TRUST FUND)

(INCLUDING TRANSFER OF FUNDS)

Not to exceed $425,752,000, together with advances and 

reimbursements received by the Federal Highway Administration, 

shall be obligated for necessary expenses for administration and 

operation of the Federal Highway Administration. In addition, not 

to exceed $3,248,000 shall be transferred to the Appalachian 

Regional Commission in accordance with section 104 of title 23, 

United States Code. 


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129 STAT. 2844 PUBLIC LAW 114–113—DEC. 18, 2015 

FEDERAL-AID HIGHWAYS

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

Funds available for the implementation or execution of Federalaid highway and highway safety construction programs authorized 

under titles 23 and 49, United States Code, and the provisions 

of the Fixing America’s Surface Transportation Act shall not exceed 

total obligations of $42,361,000,000 for fiscal year 2016: Provided, 

That the Secretary may collect and spend fees, as authorized by 

title 23, United States Code, to cover the costs of services of expert 

firms, including counsel, in the field of municipal and project finance 

to assist in the underwriting and servicing of Federal credit 

instruments and all or a portion of the costs to the Federal Government of servicing such credit instruments: Provided further, That 

such fees are available until expended to pay for such costs: Provided further, That such amounts are in addition to administrative 

expenses that are also available for such purpose, and are not 

subject to any obligation limitation or the limitation on administrative expenses under section 608 of title 23, United States Code. 

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

For the payment of obligations incurred in carrying out Federalaid highway and highway safety construction programs authorized 

under title 23, United States Code, $43,100,000,000 derived from 

the Highway Trust Fund (other than the Mass Transit Account), 

to remain available until expended. 

ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY ADMINISTRATION

SEC. 120. (a) For fiscal year 2016, the Secretary of Transportation shall— 

(1) not distribute from the obligation limitation for Federalaid highways— 

(A) amounts authorized for administrative expenses 

and programs by section 104(a) of title 23, United States 

Code; and 

(B) amounts authorized for the Bureau of Transportation Statistics; 

(2) not distribute an amount from the obligation limitation 

for Federal-aid highways that is equal to the unobligated balance of amounts— 

(A) made available from the Highway Trust Fund 

(other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous 

fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under sections 202 

or 204 of title 23, United States Code); and 

(B) for which obligation limitation was provided in 

a previous fiscal year; 

(3) determine the proportion that— 

23 USC 104 note. 

23 USC 104 note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2845 

(A) the obligation limitation for Federal-aid highways, 

less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to 

(B) the total of the sums authorized to be appropriated 

for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) 

through (11) of subsection (b) and sums authorized to be 

appropriated for section 119 of title 23, United States Code, 

equal to the amount referred to in subsection (b)(12) for 

such fiscal year), less the aggregate of the amounts not 

distributed under paragraphs (1) and (2) of this subsection; 

(4) distribute the obligation limitation for Federal-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by 

the Secretary under the Fixing America’s Surface Transportation Act and title 23, United States Code, or apportioned 

by the Secretary under sections 202 or 204 of that title, by 

multiplying— 

(A) the proportion determined under paragraph (3); 

by 

(B) the amounts authorized to be appropriated for each 

such program for such fiscal year; and 

(5) distribute the obligation limitation for Federal-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under 

title 23, United States Code (other than the amounts apportioned for the National Highway Performance Program in section 119 of title 23, United States Code, that are exempt from 

the limitation under subsection (b)(12) and the amounts apportioned under sections 202 and 204 of that title) in the proportion 

that— 

(A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States 

Code, to each State for such fiscal year; bears to 

(B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title 

23, United States Code, to all States for such fiscal year. 

(b) EXCEPTIONS FROM OBLIGATION LIMITATION.—The obligation 

limitation for Federal-aid highways shall not apply to obligations 

under or for— 

(1) section 125 of title 23, United States Code; 

(2) section 147 of the Surface Transportation Assistance 

Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714); 

(3) section 9 of the Federal-Aid Highway Act of 1981 (95 

Stat. 1701); 

(4) subsections (b) and (j) of section 131 of the Surface 

Transportation Assistance Act of 1982 (96 Stat. 2119); 

(5) subsections (b) and (c) of section 149 of the Surface 

Transportation and Uniform Relocation Assistance Act of 1987 

(101 Stat. 198); 

(6) sections 1103 through 1108 of the Intermodal Surface 

Transportation Efficiency Act of 1991 (105 Stat. 2027); 


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129 STAT. 2846 PUBLIC LAW 114–113—DEC. 18, 2015 

(7) section 157 of title 23, United States Code (as in effect 

on June 8, 1998); 

(8) section 105 of title 23, United States Code (as in effect 

for fiscal years 1998 through 2004, but only in an amount 

equal to $639,000,000 for each of those fiscal years); 

(9) Federal-aid highway programs for which obligation 

authority was made available under the Transportation Equity 

Act for the 21st Century (112 Stat. 107) or subsequent Acts 

for multiple years or to remain available until expended, but 

only to the extent that the obligation authority has not lapsed 

or been used; 

(10) section 105 of title 23, United States Code (as in 

effect for fiscal years 2005 through 2012, but only in an amount 

equal to $639,000,000 for each of those fiscal years); 

(11) section 1603 of SAFETEA–LU (23 U.S.C. 118 note; 

119 Stat. 1248), to the extent that funds obligated in accordance 

with that section were not subject to a limitation on obligations 

at the time at which the funds were initially made available 

for obligation; and 

(12) section 119 of title 23, United States Code (but, for 

each of fiscal years 2013 through 2016, only in an amount 

equal to $639,000,000). 

(c) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Notwithstanding subsection (a), the Secretary shall, after August 1 

of such fiscal year— 

(1) revise a distribution of the obligation limitation made 

available under subsection (a) if an amount distributed cannot 

be obligated during that fiscal year; and 

(2) redistribute sufficient amounts to those States able 

to obligate amounts in addition to those previously distributed 

during that fiscal year, giving priority to those States having 

large unobligated balances of funds apportioned under sections 

144 (as in effect on the day before the date of enactment 

of Public Law 112–141) and 104 of title 23, United States 

Code. 

(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPORTATION RESEARCH PROGRAMS.— 

(1) IN GENERAL.—Except as provided in paragraph (2), the 

obligation limitation for Federal-aid highways shall apply to 

contract authority for transportation research programs carried 

out under— 

(A) chapter 5 of title 23, United States Code; and 

(B) title VI of the Fixing America’s Surface Transportation Act. 

(2) EXCEPTION.—Obligation authority made available under 

paragraph (1) shall— 

(A) remain available for a period of 4 fiscal years; 

and 

(B) be in addition to the amount of any limitation 

imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years. 

(e) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.— 

(1) IN GENERAL.—Not later than 30 days after the date 

of distribution of obligation limitation under subsection (a), 

the Secretary shall distribute to the States any funds (excluding 

funds authorized for the program under section 202 of title 

23, United States Code) that— 

23 USC 104 note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2847 

(A) are authorized to be appropriated for such fiscal 

year for Federal-aid highway programs; and 

(B) the Secretary determines will not be allocated to 

the States (or will not be apportioned to the States under 

section 204 of title 23, United States Code), and will not 

be available for obligation, for such fiscal year because 

of the imposition of any obligation limitation for such fiscal 

year. 

(2) RATIO.—Funds shall be distributed under paragraph 

(1) in the same proportion as the distribution of obligation 

authority under subsection (a)(5). 

(3) AVAILABILITY.—Funds distributed to each State under 

paragraph (1) shall be available for any purpose described 

in section 133(b) of title 23, United States Code. 

SEC. 121. Notwithstanding 31 U.S.C. 3302, funds received by 

the Bureau of Transportation Statistics from the sale of data products, for necessary expenses incurred pursuant to chapter 63 of 

title 49, United States Code, may be credited to the Federal-aid 

highways account for the purpose of reimbursing the Bureau for 

such expenses: Provided, That such funds shall be subject to the 

obligation limitation for Federal-aid highway and highway safety 

construction programs. 

SEC. 122. Not less than 15 days prior to waiving, under his 

or her statutory authority, any Buy America requirement for Federal-aid highways projects, the Secretary of Transportation shall 

make an informal public notice and comment opportunity on the 

intent to issue such waiver and the reasons therefor: Provided, 

That the Secretary shall provide an annual report to the House 

and Senate Committees on Appropriations on any waivers granted 

under the Buy America requirements. 

SEC. 123. None of the funds in this Act to the Department 

of Transportation may be used to provide credit assistance unless 

not less than 3 days before any application approval to provide 

credit assistance under sections 603 and 604 of title 23, United 

States Code, the Secretary of Transportation provides notification 

in writing to the following committees: the House and Senate 

Committees on Appropriations; the Committee on Environment and 

Public Works and the Committee on Banking, Housing and Urban 

Affairs of the Senate; and the Committee on Transportation and 

Infrastructure of the House of Representatives: Provided, That such 

notification shall include, but not be limited to, the name of the 

project sponsor; a description of the project; whether credit assistance will be provided as a direct loan, loan guarantee, or line 

of credit; and the amount of credit assistance. 

SEC. 124. Section 127 of title 23, United States Code, is 

amended— 

(1) in each of subsections (a)(11)(A) and (B) by striking 

‘‘through December 31, 2031’’, and 

(2) by inserting at the end the following: 

‘‘(t) VEHICLES IN IDAHO.—A vehicle limited or prohibited under 

this section from operating on a segment of the Interstate System 

in the State of Idaho may operate on such a segment if such 

vehicle– 

‘‘(1) has a gross vehicle weight of 129,000 pounds or less; 

‘‘(2) other than gross vehicle weight, complies with the 

single axle, tandem axle, and bridge formula limits set forth 

in subsection (a); and 

23 USC 313 note. 


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129 STAT. 2848 PUBLIC LAW 114–113—DEC. 18, 2015 

‘‘(3) is authorized to operate on such segment under Idaho 

State law.’’. 

SEC. 125. (a) A State or territory, as defined in section 165 

of title 23, United States Code, may use for any project eligible 

under section 133(b) of title 23 or section 165 of title 23 and 

located within the boundary of the State or territory any earmarked 

amount, and any associated obligation limitation, provided that 

the Department of Transportation for the State or territory for 

which the earmarked amount was originally designated or directed 

notifies the Secretary of Transportation of its intent to use its 

authority under this section and submits a quarterly report to 

the Secretary identifying the projects to which the funding would 

be applied. Notwithstanding the original period of availability of 

funds to be obligated under this section, such funds and associated 

obligation limitation shall remain available for obligation for a 

period of 3 fiscal years after the fiscal year in which the Secretary 

of Transportation is notified. The Federal share of the cost of 

a project carried out with funds made available under this section 

shall be the same as associated with the earmark. 

(b) In this section, the term ‘‘earmarked amount’’ means— 

(1) congressionally directed spending, as defined in rule 

XLIV of the Standing Rules of the Senate, identified in a 

prior law, report, or joint explanatory statement, which was 

authorized to be appropriated or appropriated more than 10 

fiscal years prior to the fiscal year in which this Act becomes 

effective, and administered by the Federal Highway Administration; or 

(2) a congressional earmark, as defined in rule XXI of 

the Rules of the House of Representatives identified in a prior 

law, report, or joint explanatory statement, which was authorized to be appropriated or appropriated more than 10 fiscal 

years prior to the fiscal year in which this Act becomes effective, 

and administered by the Federal Highway Administration. 

(c) The authority under subsection (a) may be exercised only 

for those projects or activities that have obligated less than 10 

percent of the amount made available for obligation as of the 

effective date of this Act, and shall be applied to projects within 

the same general geographic area within 50 miles for which the 

funding was designated, except that a State or territory may apply 

such authority to unexpended balances of funds from projects or 

activities the State or territory certifies have been closed and for 

which payments have been made under a final voucher. 

(d) The Secretary shall submit consolidated reports of the 

information provided by the States and territories each quarter 

to the House and Senate Committees on Appropriations. 

SEC. 126. Notwithstanding any other provision of law, the 

amount that the Secretary sets aside for fiscal year 2016 under 

section 130(e)(1) of title 23, United States Code, for the elimination 

of hazards and the installation of protective devices at railwayhighway crossings shall be $350,000,000. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2849 

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

For payment of obligations incurred in the implementation, 

execution and administration of motor carrier safety operations 

and programs pursuant to section 31110(a)–(c) of title 49, United 

States Code, and section 4134 of Public Law 109–59, as amended 

by Public Law 112–141, as amended by the Fixing America’s Surface 

Transportation Act, $267,400,000, to be derived from the Highway 

Trust Fund (other than the Mass Transit Account), together with 

advances and reimbursements received by the Federal Motor Carrier Safety Administration, the sum of which shall remain available 

until expended: Provided, That funds available for implementation, 

execution or administration of motor carrier safety operations and 

programs authorized under title 49, United States Code, shall not 

exceed total obligations of $267,400,000 for ‘‘Motor Carrier Safety 

Operations and Programs’’ for fiscal year 2016, of which $9,000,000, 

to remain available for obligation until September 30, 2018, is 

for the research and technology program, and of which $34,545,000, 

to remain available for obligation until September 30, 2018, is 

for information management: Provided further, That $1,000,000 

shall be made available for commercial motor vehicle operator 

grants to carry out section 4134 of Public Law 109–59, as amended 

by Public Law 112–141, as amended by the Fixing America’s Surface 

Transportation Act. 

MOTOR CARRIER SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

For payment of obligations incurred in carrying out sections 

31102, 31104(a), 31106, 31107, 31109, 31309, 31313 of title 49, 

United States Code, and sections 4126 and 4128 of Public Law 

109–59, as amended by Public Law 112–141, as amended by the 

Fixing America’s Surface Transportation Act, $313,000,000, to be 

derived from the Highway Trust Fund (other than the Mass Transit 

Account) and to remain available until expended: Provided, That 

funds available for the implementation or execution of motor carrier 

safety programs shall not exceed total obligations of $313,000,000 

in fiscal year 2016 for ‘‘Motor Carrier Safety Grants’’; of which 

$218,000,000 shall be available for the motor carrier safety assistance program, $30,000,000 shall be available for commercial driver’s 

license program improvement grants, $32,000,000 shall be available 

for border enforcement grants, $5,000,000 shall be available for 

performance and registration information system management 

grants, $25,000,000 shall be available for the commercial vehicle 

information systems and networks deployment program, and 


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129 STAT. 2850 PUBLIC LAW 114–113—DEC. 18, 2015 

$3,000,000 shall be available for safety data improvement grants: 

Provided further, That, of the funds made available herein for 

the motor carrier safety assistance program, $32,000,000 shall be 

available for audits of new entrant motor carriers. 

ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR CARRIER SAFETY

ADMINISTRATION

SEC. 130. (a) Funds appropriated or limited in this Act shall 

be subject to the terms and conditions stipulated in section 350 

of Public Law 107–87 and section 6901 of Public Law 110–28. 

(b) Section 350(d) of the Department of Transportation and 

Related Agencies Appropriation Act, 2002 (Public Law 107–87) is 

hereby repealed. 

SEC. 131. The Federal Motor Carrier Safety Administration 

shall send notice of 49 CFR section 385.308 violations by certified 

mail, registered mail, or another manner of delivery, which records 

the receipt of the notice by the persons responsible for the violations. 

SEC. 132. None of the funds limited or otherwise made available 

under this Act, or any other Act, hereafter, shall be used by the 

Secretary to enforce any regulation prohibiting a State from issuing 

a commercial learner’s permit to individuals under the age of 

eighteen if the State had a law authorizing the issuance of commercial learner’s permits to individuals under eighteen years of age 

as of May 9, 2011. 

SEC. 133. None of the funds appropriated or otherwise made 

available by this Act or any other Act may be used to implement, 

administer, or enforce sections 395.3(c) and 395.3(d) of title 49, 

Code of Federal Regulations, and such section shall have no force 

or effect on submission of the final report issued by the Secretary, 

as required by section 133 of division K of Public Law 113–235, 

unless the Secretary and the Inspector General of the Department 

of Transportation each review and determine that the final report— 

(1) meets the statutory requirements set forth in such 

section; and 

(2) establishes that commercial motor vehicle drivers who 

operated under the restart provisions in effect between July 

1, 2013, and the day before the date of enactment of such 

Public Law demonstrated statistically significant improvement 

in all outcomes related to safety, operator fatigue, driver health 

and longevity, and work schedules, in comparison to commercial 

motor vehicle drivers who operated under the restart provisions 

in effect on June 30, 2013. 

SEC. 134. None of the funds limited or otherwise made available 

under the heading ‘‘Motor Carrier Safety Operations and Programs’’ 

may be used to deny an application to renew a Hazardous Materials 

Safety Program permit for a motor carrier based on that carrier’s 

Hazardous Materials Out-of-Service rate, unless the carrier has 

the opportunity to submit a written description of corrective actions 

taken, and other documentation the carrier wishes the Secretary 

to consider, including submitting a corrective action plan, and the 

Secretary determines the actions or plan is insufficient to address 

the safety concerns that resulted in that Hazardous Materials Outof-Service rate. 

SEC. 135. None of the funds made available by this Act or 

previous appropriations Acts under the heading ‘‘Motor Carrier 

Safety Operations and Programs’’ shall be used to pay for costs 

49 USC 31308 

note. 

49 USC 13902 

note. 


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associated with design, development, testing, or implementation 

of a wireless roadside inspection program until 180 days after 

the Secretary of Transportation certifies to the House and Senate 

Committees on Appropriations that such program does not conflict 

with existing non-Federal electronic screening systems, create 

capabilities already available, or require additional statutory 

authority to incorporate generated inspection data into safety determinations or databases, and has restrictions to specifically address 

privacy concerns of affected motor carriers and operators: Provided, That nothing in this section shall be construed as affecting the 

Department’s ongoing research efforts in this area. 

SEC. 136. Section 13506(a) of title 49, United States Code, 

is amended: 

(1) in subsection (14) by striking ‘‘or’’; 

(2) in subsection (15) by striking ‘‘.’’ and inserting ‘‘; or’’; 

and 

(3) by inserting at the end, ‘‘(16) the transportation of 

passengers by 9 to 15 passenger motor vehicles operated by 

youth or family camps that provide recreational or educational 

activities.’’. 

SEC. 137. (a) IN GENERAL.—Section 31112(c)(5) of title 49, 

United States Code, is amended— 

(1) by striking ‘‘Nebraska may’’ and inserting ‘‘Nebraska 

and Kansas may’’; and 

(2) by striking ‘‘the State of Nebraska’’ and inserting ‘‘the 

relevant state’’. 

(b) CONFORMING AND TECHNICAL AMENDMENTS.—Section 

31112(c) of such title is amended— 

(1) by striking the subsection designation and heading and 

inserting the following: 

‘‘(c) SPECIAL RULES FOR WYOMING, OHIO, ALASKA, IOWA, 

NEBRASKA, AND KANSAS.—’’; 

(2) by striking ‘‘; and’’ at the end of paragraph (3) and 

inserting a semicolon; and 

(3) by striking the period at the end of paragraph (4) 

and inserting ‘‘; and’’. 

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

OPERATIONS AND RESEARCH

For expenses necessary to discharge the functions of the Secretary, with respect to traffic and highway safety authorized under 

chapter 301 and part C of subtitle VI of title 49, United States 

Code, $152,800,000, of which $20,000,000 shall remain available 

through September 30, 2017. 

OPERATIONS AND RESEARCH

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

For payment of obligations incurred in carrying out the provisions of 23 U.S.C. 403, and chapter 303 of title 49, United States 

Code, $142,900,000, to be derived from the Highway Trust Fund 


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129 STAT. 2852 PUBLIC LAW 114–113—DEC. 18, 2015 

(other than the Mass Transit Account) and to remain available 

until expended: Provided, That none of the funds in this Act shall 

be available for the planning or execution of programs the total 

obligations for which, in fiscal year 2016, are in excess of 

$142,900,000, of which $137,800,000 shall be for programs authorized under 23 U.S.C. 403 and $5,100,000 shall be for the National 

Driver Register authorized under chapter 303 of title 49, United 

States Code: Provided further, That within the $142,900,000 obliga- tion limitation for operations and research, $20,000,000 shall 

remain available until September 30, 2017, and shall be in addition 

to the amount of any limitation imposed on obligations for future 

years. 

HIGHWAY TRAFFIC SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

For payment of obligations incurred in carrying out provisions 

of 23 U.S.C. 402, 404, and 405, and section 4001(a)(6) of the Fixing 

America’s Surface Transportation Act, to remain available until 

expended, $573,332,000, to be derived from the Highway Trust 

Fund (other than the Mass Transit Account): Provided, That none 

of the funds in this Act shall be available for the planning or 

execution of programs the total obligations for which, in fiscal 

year 2016, are in excess of $573,332,000 for programs authorized 

under 23 U.S.C. 402, 404, and 405, and section 4001(a)(6) of the 

Fixing America’s Surface Transportation Act, of which $243,500,000 

shall be for ‘‘Highway Safety Programs’’ under 23 U.S.C. 402; 

$274,700,000 shall be for ‘‘National Priority Safety Programs’’ under 

23 U.S.C. 405; $29,300,000 shall be for ‘‘High Visibility Enforcement 

Program’’ under 23 U.S.C. 404; $25,832,000 shall be for ‘‘Administrative Expenses’’ under section 4001(a)(6) of the Fixing America’s 

Surface Transportation Act: Provided further, That none of these 

funds shall be used for construction, rehabilitation, or remodeling 

costs, or for office furnishings and fixtures for State, local or private 

buildings or structures: Provided further, That not to exceed 

$500,000 of the funds made available for ‘‘National Priority Safety 

Programs’’ under 23 U.S.C. 405 for ‘‘Impaired Driving Countermeasures’’ (as described in subsection (d) of that section) shall 

be available for technical assistance to the States: Provided further, 

That with respect to the ‘‘Transfers’’ provision under 23 U.S.C. 

405(a)(1)(G), any amounts transferred to increase the amounts made 

available under section 402 shall include the obligation authority 

for such amounts: Provided further, That the Administrator shall 

notify the House and Senate Committees on Appropriations of any 

exercise of the authority granted under the previous proviso or 

under 23 U.S.C. 405(a)(1)(G) within five days. 

ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY TRAFFIC SAFETY

ADMINISTRATION

SEC. 140. An additional $130,000 shall be made available to 

the National Highway Traffic Safety Administration, out of the 

amount limited for section 402 of title 23, United States Code, 


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to pay for travel and related expenses for State management reviews 

and to pay for core competency development training and related 

expenses for highway safety staff. 

SEC. 141. The limitations on obligations for the programs of 

the National Highway Traffic Safety Administration set in this 

Act shall not apply to obligations for which obligation authority 

was made available in previous public laws but only to the extent 

that the obligation authority has not lapsed or been used. 

SEC. 142. None of the funds made available by this Act may 

be used to obligate or award funds for the National Highway 

Traffic Safety Administration’s National Roadside Survey. 

SEC. 143. None of the funds made available by this Act may 

be used to mandate global positioning system (GPS) tracking in 

private passenger motor vehicles without providing full and appropriate consideration of privacy concerns under 5 U.S.C. chapter 

5, subchapter II. 

FEDERAL RAILROAD ADMINISTRATION

SAFETY AND OPERATIONS

For necessary expenses of the Federal Railroad Administration, 

not otherwise provided for, $199,000,000, of which $15,900,000 shall 

remain available until expended. 

RAILROAD RESEARCH AND DEVELOPMENT

For necessary expenses for railroad research and development, 

$39,100,000, to remain available until expended. 

RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM

The Secretary of Transportation is authorized to issue direct 

loans and loan guarantees pursuant to sections 501 through 504 

of the Railroad Revitalization and Regulatory Reform Act of 1976 

(Public Law 94–210), as amended, such authority to exist as long 

as any such direct loan or loan guarantee is outstanding. Provided, 

That pursuant to section 502 of such Act, as amended, no new 

direct loans or loan guarantee commitments shall be made using 

Federal funds for the credit risk premium during fiscal year 2016. 

RAILROAD SAFETY GRANTS

For necessary expenses related to railroad safety grants, 

$50,000,000, to remain available until expended, of which not to 

exceed $25,000,000 shall be available to carry out 49 U.S.C. 20167, 

as in effect the day before the enactment of the Passenger Rail 

Reform and Investment Act of 2015 (division A, title XI of the 

Fixing America’s Surface Transportation Act); and not to exceed 

$25,000,000 shall be made available to carry out 49 U.S.C. 20158. 

OPERATING GRANTS TO THE NATIONAL RAILROAD PASSENGER

CORPORATION

To enable the Secretary of Transportation to make quarterly 

grants to the National Railroad Passenger Corporation, in amounts 

based on the Secretary’s assessment of the Corporation’s seasonal 

cash flow requirements, for the operation of intercity passenger 


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129 STAT. 2854 PUBLIC LAW 114–113—DEC. 18, 2015 

rail, as authorized by section 101 of the Passenger Rail Investment 

and Improvement Act of 2008 (division B of Public Law 110– 

432), as in effect the day before the enactment of the Passenger 

Rail Reform and Investment Act of 2015 (division A, title XI of 

the Fixing America’s Surface Transportation Act), $288,500,000, 

to remain available until expended: Provided, That the amounts 

available under this paragraph shall be available for the Secretary 

to approve funding to cover operating losses for the Corporation 

only after receiving and reviewing a grant request for each specific 

train route: Provided further, That each such grant request shall 

be accompanied by a detailed financial analysis, revenue projection, 

and capital expenditure projection justifying the Federal support 

to the Secretary’s satisfaction: Provided further, That not later 

than 60 days after enactment of this Act, the Corporation shall 

transmit, in electronic format, to the Secretary and the House 

and Senate Committees on Appropriations the annual budget, business plan, the 5-Year Financial Plan for fiscal year 2016 required 

under section 204 of the Passenger Rail Investment and Improvement Act of 2008 and the comprehensive fleet plan for all Amtrak 

rolling stock: Provided further, That the budget, business plan 

and the 5-Year Financial Plan shall include annual information 

on the maintenance, refurbishment, replacement, and expansion 

for all Amtrak rolling stock consistent with the comprehensive 

fleet plan: Provided further, That the Corporation shall provide 

monthly performance reports in an electronic format which shall 

describe the work completed to date, any changes to the business 

plan, and the reasons for such changes as well as progress against 

the milestones and target dates of the 2012 performance improvement plan: Provided further, That the Corporation’s budget, business plan, 5-Year Financial Plan, semiannual reports, monthly 

reports, comprehensive fleet plan and all supplemental reports or 

plans comply with requirements in Public Law 112–55: Provided 

further, That none of the funds provided in this Act may be used 

to support any route on which Amtrak offers a discounted fare 

of more than 50 percent off the normal peak fare: Provided further, 

That the preceding proviso does not apply to routes where the 

operating loss as a result of the discount is covered by a State 

and the State participates in the setting of fares. 

CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL RAILROAD

PASSENGER CORPORATION

To enable the Secretary of Transportation to make grants to 

the National Railroad Passenger Corporation for capital investments as authorized by sections 101(c), 102, and 219(b) of the 

Passenger Rail Investment and Improvement Act of 2008 (division 

B of Public Law 110–432), as in effect the day before the enactment 

of the Passenger Rail Reform and Investment Act of 2015 (division 

A, title XI of the Fixing America’s Surface Transportation Act), 

$1,101,500,000, to remain available until expended, of which not 

to exceed $160,200,000 shall be for debt service obligations as 

authorized by section 102 of such Act: Provided, That of the amounts 

made available under this heading, not less than $50,000,000 shall 

be made available to bring Amtrak-served facilities and stations 

into compliance with the Americans with Disabilities Act: Provided 

further, That after an initial distribution of up to $200,000,000, 

which shall be used by the Corporation as a working capital account, 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2855 

all remaining funds shall be provided to the Corporation only on 

a reimbursable basis: Provided further, That of the amounts made 

available under this heading, up to $50,000,000 may be used by 

the Secretary to subsidize operating losses of the Corporation should 

the funds provided under the heading ‘‘Operating Grants to the 

National Railroad Passenger Corporation’’ be insufficient to meet 

operational costs for fiscal year 2016: Provided further, That the 

Secretary may retain up to one-half of 1 percent of the funds 

provided under this heading to fund the costs of project management 

and oversight of activities authorized by subsections 101(a) and 

101(c) of division B of Public Law 110–432, of which up to $500,000 

may be available for technical assistance for States, the District 

of Columbia, and other public entities responsible for the 

implementation of section 209 of division B of Public Law 110– 

432: Provided further, That the Secretary shall approve funding 

for capital expenditures, including advance purchase orders of materials, for the Corporation only after receiving and reviewing a 

grant request for each specific capital project justifying the Federal 

support to the Secretary’s satisfaction: Provided further, That except 

as otherwise provided herein, none of the funds under this heading 

may be used to subsidize operating losses of the Corporation: Provided further, That none of the funds under this heading may 

be used for capital projects not approved by the Secretary of 

Transportation or on the Corporation’s fiscal year 2016 business 

plan: Provided further, That in addition to the project management 

oversight funds authorized under section 101(d) of division B of 

Public Law 110–432, the Secretary may retain up to an additional 

$3,000,000 of the funds provided under this heading to fund 

expenses associated with implementing section 212 of division B 

of Public Law 110–432, including the amendments made by section 

212 to section 24905 of title 49, United States Code: Provided 

further, That Amtrak shall conduct a business case analysis on 

capital investments that exceed $10,000,000 in life-cycle costs: Provided further, That each contract for a capital acquisition that 

exceeds $10,000,000 in life-cycle costs shall state that funding is 

subject to the availability of appropriated funds provided by an 

appropriations Act. 

ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD ADMINISTRATION

(INCLUDING RESCISSIONS)

SEC. 150. The Secretary of Transportation may receive and 

expend cash, or receive and utilize spare parts and similar items, 

from non-United States Government sources to repair damages 

to or replace United States Government owned automated track 

inspection cars and equipment as a result of third-party liability 

for such damages, and any amounts collected under this section 

shall be credited directly to the Safety and Operations account 

of the Federal Railroad Administration, and shall remain available 

until expended for the repair, operation and maintenance of automated track inspection cars and equipment in connection with 

the automated track inspection program. 

SEC. 151. None of the funds provided to the National Railroad 

Passenger Corporation may be used to fund any overtime costs 

in excess of $35,000 for any individual employee: Provided, That 

the President of Amtrak may waive the cap set in the previous 


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129 STAT. 2856 PUBLIC LAW 114–113—DEC. 18, 2015 

proviso for specific employees when the President of Amtrak determines such a cap poses a risk to the safety and operational efficiency 

of the system: Provided further, That the President of Amtrak 

shall report to the House and Senate Committees on Appropriations 

each quarter of the calendar year on waivers granted to employees 

and amounts paid above the cap for each month within such quarter 

and delineate the reasons each waiver was granted: Provided further, That the President of Amtrak shall report to the House and 

Senate Committees on Appropriations by March 1, 2016, a summary 

of all overtime payments incurred by the Corporation for 2015 

and the three prior calendar years: Provided further, That such 

summary shall include the total number of employees that received 

waivers and the total overtime payments the Corporation paid 

to those employees receiving waivers for each month for 2015 and 

for the three prior calendar years. 

SEC. 152. Of the unobligated balances of funds available to 

the Federal Railroad Administration from the ‘‘Railroad Research 

and Development’’ account, $1,960,000 is permanently rescinded: 

Provided, That such amounts are made available to enable the 

Secretary of Transportation to assist Class II and Class III railroads 

with eligible projects pursuant to sections 501 through 504 of the 

Railroad Revitalization and Regulatory Reform Act of 1976 (Public 

Law 94–210), as amended: Provided further, That such funds shall 

be available for applicant expenses in preparing to apply and 

applying for direct loans and loan guarantees: Provided further, 

That these funds shall remain available until expended. 

SEC. 153. Of the unobligated balances of funds available to 

the Federal Railroad Administration, the following funds are hereby 

rescinded: $5,000,000 of the unobligated balances of funds made 

available to fund expenses associated with implementing section 

212 of division B of Public Law 110–432 in the Capital and Debt 

Service Grants to the National Railroad Passenger Corporation 

account of the Consolidated and Further Continuing Appropriations 

Act, 2015; and $14,163,385 of the unobligated balances of funds 

made available from the following accounts in the specified 

amounts—‘‘Grants to the National Railroad Passenger Corporation’’, 

$267,019; ‘‘Next Generation High-Speed Rail’’, $4,944,504; ‘‘Rail 

Line Relocation and Improvement Program’’, $2,241,385; and 

‘‘Safety and Operations’’, $6,710,477: Provided, That such amounts 

are made available to enable the Secretary of Transportation to 

make grants to the National Railroad Passenger Corporation as 

authorized by section 101(c) of the Passenger Rail Investment and 

Improvement Act of 2008 (division B of Public Law 110–432) for 

state-of-good-repair backlog and infrastructure improvements on 

Northeast Corridor shared-use infrastructure identified in the 

Northeast Corridor Infrastructure and Operations Advisory 

Commission’s approved 5-year capital plan: Provided further, That 

these funds shall remain available until expended and shall be 

available for grants in an amount not to exceed 50 percent of 

the total project cost, with the required matching funds to be 

provided consistent with the Commission’s cost allocation policy. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2857 

FEDERAL TRANSIT ADMINISTRATION

ADMINISTRATIVE EXPENSES

For necessary administrative expenses of the Federal Transit 

Administration’s programs authorized by chapter 53 of title 49, 

United States Code, $108,000,000, of which not more than 

$6,500,000 shall be available to carry out the provisions of 49 

U.S.C. 5329 and not less than $1,000,000 shall be available to 

carry out the provisions of 49 U.S.C. 5326: Provided, That none 

of the funds provided or limited in this Act may be used to create 

a permanent office of transit security under this heading: Provided 

further, That upon submission to the Congress of the fiscal year 

2017 President’s budget, the Secretary of Transportation shall 

transmit to Congress the annual report on New Starts, including 

proposed allocations for fiscal year 2017. 

TRANSIT FORMULA GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

For payment of obligations incurred in the Federal Public 

Transportation Assistance Program in this account, and for payment 

of obligations incurred in carrying out the provisions of 49 U.S.C. 

5305, 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 

5339, and 5340, as amended by the Fixing America’s Surface 

Transportation Act, and section 20005(b) of Public Law 112–141, 

and section 3006(b) of the Fixing America’s Surface Transportation 

Act, $10,400,000,000, to be derived from the Mass Transit Account 

of the Highway Trust Fund and to remain available until expended: 

Provided, That funds available for the implementation or execution 

of programs authorized under 49 U.S.C. 5305, 5307, 5310, 5311, 

5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and 5340, as 

amended by the Fixing America’s Surface Transportation Act, and 

section 20005(b) of Public Law 112–141, and section 3006(b) of 

the Fixing America’s Surface Transportation Act, shall not exceed 

total obligations of $9,347,604,639 in fiscal year 2016. 

CAPITAL INVESTMENT GRANTS

For necessary expenses to carry out 49 U.S.C. 5309, $2,177,000,000, to remain available until expended. 

GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT

AUTHORITY

For grants to the Washington Metropolitan Area Transit 

Authority as authorized under section 601 of division B of Public 

Law 110–432, $150,000,000, to remain available until expended: 

Provided, That the Secretary of Transportation shall approve grants 

for capital and preventive maintenance expenditures for the Washington Metropolitan Area Transit Authority only after receiving 

and reviewing a request for each specific project: Provided further, 

That prior to approving such grants, the Secretary shall certify 


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129 STAT. 2858 PUBLIC LAW 114–113—DEC. 18, 2015 

that the Washington Metropolitan Area Transit Authority is making 

progress to improve its safety management system in response 

to the Federal Transit Administration’s 2015 safety management 

inspection: Provided further, That prior to approving such grants, 

the Secretary shall certify that the Washington Metropolitan Area 

Transit Authority is making progress toward full implementation 

of the corrective actions identified in the 2014 Financial Management Oversight Review Report: Provided further, That the Secretary 

shall determine that the Washington Metropolitan Area Transit 

Authority has placed the highest priority on those investments 

that will improve the safety of the system before approving such 

grants: Provided further, That the Secretary, in order to ensure 

safety throughout the rail system, may waive the requirements 

of section 601(e)(1) of title VI of Public Law 110–432 (112 Stat. 

4968). 

ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT ADMINISTRATION

(INCLUDING RESCISSION)

SEC. 160. The limitations on obligations for the programs of 

the Federal Transit Administration shall not apply to any authority 

under 49 U.S.C. 5338, previously made available for obligation, 

or to any other authority previously made available for obligation. 

SEC. 161. Notwithstanding any other provision of law, funds 

appropriated or limited by this Act under the heading ‘‘Fixed Guideway Capital Investment’’ of the Federal Transit Administration 

for projects specified in this Act or identified in reports accompanying this Act not obligated by September 30, 2020, and other 

recoveries, shall be directed to projects eligible to use the funds 

for the purposes for which they were originally provided. 

SEC. 162. Notwithstanding any other provision of law, any 

funds appropriated before October 1, 2015, under any section of 

chapter 53 of title 49, United States Code, that remain available 

for expenditure, may be transferred to and administered under 

the most recent appropriation heading for any such section. 

SEC. 163. Notwithstanding any other provision of law, none 

of the funds made available in this Act shall be used to enter 

into a full funding grant agreement for a project with a New 

Starts share greater than 60 percent. 

SEC. 164. (a) LOSS OF ELIGIBILITY.—Except as provided in subsection (b), none of the funds in this or any other Act may be 

available to advance in any way a new light or heavy rail project 

towards a full funding grant agreement as defined by 49 U.S.C. 

5309 for the Metropolitan Transit Authority of Harris County, 

Texas if the proposed capital project is constructed on or planned 

to be constructed on Richmond Avenue west of South Shepherd 

Drive or on Post Oak Boulevard north of Richmond Avenue in 

Houston, Texas. 

(b) EXCEPTION FOR A NEW ELECTION.—The Metropolitan 

Transit Authority of Harris County, Texas, may attempt to construct or construct a new fixed guideway capital project, including 

light rail, in the locations referred to in subsection (a) if— 

(1) voters in the jurisdiction that includes such locations 

approve a ballot proposition that specifies routes on Richmond 

Avenue west of South Shepherd Drive or on Post Oak Boulevard 

north of Richmond Avenue in Houston, Texas; and 


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(2) the proposed construction of such routes is part of 

a comprehensive, multi-modal, service-area wide transportation 

plan that includes multiple additional segments of fixed guideway capital projects, including light rail for the jurisdiction 

set forth in the ballot proposition. The ballot language shall 

include reasonable cost estimates, sources of revenue to be 

used and the total amount of bonded indebtedness to be 

incurred as well as a description of each route and the beginning and end point of each proposed transit project. 

SEC. 165. Of the unobligated amounts made available for fiscal 

year 2012 or prior fiscal years to carry out the discretionary bus 

and bus facilities and new fixed guideway capital projects programs 

under 49 U.S.C. 5309 and the discretionary job access and reverse 

commute program under section 3037 of the Transportation Equity 

Act for the 21st Century, $25,397,797 is hereby rescinded. 

SEC. 166. Until September 15, 2016, the Secretary may not 

enforce regulations related to charter bus service under part 604 

of title 49, Code of Federal Regulations, for any transit agency 

that, during fiscal year 2008 was both initially granted a 60-day 

period to come into compliance with part 604, and then was subsequently granted an exception from said part: Provided, That notwithstanding 49 U.S.C. 5323(t), such transit agency may receive 

its allocation of urbanized area formula funds apportioned in accordance with 49 U.S.C. 5336. 

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

The Saint Lawrence Seaway Development Corporation is 

hereby authorized to make such expenditures, within the limits 

of funds and borrowing authority available to the Corporation, 

and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by 

section 104 of the Government Corporation Control Act, as 

amended, as may be necessary in carrying out the programs set 

forth in the Corporation’s budget for the current fiscal year. 

OPERATIONS AND MAINTENANCE

(HARBOR MAINTENANCE TRUST FUND)

For necessary expenses to conduct the operations, maintenance, 

and capital asset renewal activities of those portions of the St. 

Lawrence Seaway owned, operated, and maintained by the Saint 

Lawrence Seaway Development Corporation, $28,400,000, to be 

derived from the Harbor Maintenance Trust Fund, pursuant to 

Public Law 99–662. 

MARITIME ADMINISTRATION

MARITIME SECURITY PROGRAM

For necessary expenses to maintain and preserve a U.S.-flag 

merchant fleet to serve the national security needs of the United 

States, $210,000,000, to remain available until expended. 


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129 STAT. 2860 PUBLIC LAW 114–113—DEC. 18, 2015 

OPERATIONS AND TRAINING

For necessary expenses of operations and training activities authorized by law, $171,155,000, of which $22,000,000 shall remain 

available until expended for maintenance and repair of training 

ships at State Maritime Academies, and of which $5,000,000 shall 

remain available until expended for National Security Multi-Mission 

Vessel design for State Maritime Academies and National Security, 

and of which $2,400,000 shall remain available through September 

30, 2017, for the Student Incentive Program at State Maritime 

Academies, and of which $1,200,000 shall remain available until 

expended for training ship fuel assistance payments, and of which 

$18,000,000 shall remain available until expended for facilities 

maintenance and repair, equipment, and capital improvements at 

the United States Merchant Marine Academy, and of which 

$3,000,000 shall remain available through September 30, 2017, 

for Maritime Environment and Technology Assistance grants, contracts, and cooperative agreement, and of which $5,000,000 shall 

remain available until expended for the Short Sea Transportation 

Program (America’s Marine Highways) to make grants for the purposes provided in title 46 sections 55601(b)(1) and 55601(b)(3): 

Provided, That amounts apportioned for the United States Merchant 

Marine Academy shall be available only upon allotments made 

personally by the Secretary of Transportation or the Assistant Secretary for Budget and Programs: Provided further, That the Superintendent, Deputy Superintendent and the Director of the Office 

of Resource Management of the United States Merchant Marine 

Academy may not be allotment holders for the United States Merchant Marine Academy, and the Administrator of the Maritime 

Administration shall hold all allotments made by the Secretary 

of Transportation or the Assistant Secretary for Budget and Programs under the previous proviso: Provided further, That 50 percent 

of the funding made available for the United States Merchant 

Marine Academy under this heading shall be available only after 

the Secretary, in consultation with the Superintendent and the 

Maritime Administrator, completes a plan detailing by program 

or activity how such funding will be expended at the Academy, 

and this plan is submitted to the House and Senate Committees 

on Appropriations: Provided further, That not later than January 

12, 2016, the Administrator of the Maritime Administration shall 

transmit to the House and Senate Committees on Appropriations 

the annual report on sexual assault and sexual harassment at 

the United States Merchant Marine Academy as required pursuant 

to section 3507 of Public Law 110–417. 

ASSISTANCE TO SMALL SHIPYARDS

To make grants to qualified shipyards as authorized under 

section 54101 of title 46, United States Code, as amended by Public 

Law 113–281, $5,000,000 to remain available until expended: Provided, That the Secretary shall issue the Notice of Funding Availability no later than 15 days after enactment of this Act: Provided 

further, That from applications submitted under the previous proviso, the Secretary of Transportation shall make grants no later 

than 120 days after enactment of this Act in such amounts as 

the Secretary determines: Provided further, That not to exceed 

2 percent of the funds appropriated under this heading shall be 

available for necessary costs of grant administration. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2861 

SHIP DISPOSAL

For necessary expenses related to the disposal of obsolete vessels in the National Defense Reserve Fleet of the Maritime Administration, $5,000,000, to remain available until expended. 

MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of guaranteed loans, as authorized, $8,135,000, 

of which $5,000,000 shall remain available until expended: Provided, That such costs, including the cost of modifying such loans, 

shall be as defined in section 502 of the Congressional Budget 

Act of 1974, as amended: Provided further, That not to exceed 

$3,135,000 shall be available for administrative expenses to carry 

out the guaranteed loan program, which shall be transferred to 

and merged with the appropriations for ‘‘Operations and Training’’, 

Maritime Administration. 

ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION

SEC. 170. Notwithstanding any other provision of this Act, 

in addition to any existing authority, the Maritime Administration 

is authorized to furnish utilities and services and make necessary 

repairs in connection with any lease, contract, or occupancy 

involving Government property under control of the Maritime 

Administration: Provided, That payments received therefor shall 

be credited to the appropriation charged with the cost thereof 

and shall remain available until expended: Provided further, That 

rental payments under any such lease, contract, or occupancy for 

items other than such utilities, services, or repairs shall be covered 

into the Treasury as miscellaneous receipts. 

SEC. 171. None of the funds available or appropriated in this 

Act shall be used by the United States Department of Transportation or the United States Maritime Administration to negotiate 

or otherwise execute, enter into, facilitate or perform fee-for-service 

contracts for vessel disposal, scrapping or recycling, unless there 

is no qualified domestic ship recycler that will pay any sum of 

money to purchase and scrap or recycle a vessel owned, operated 

or managed by the Maritime Administration or that is part of 

the National Defense Reserve Fleet: Provided, That such sales 

offers must be consistent with the solicitation and provide that 

the work will be performed in a timely manner at a facility qualified 

within the meaning of section 3502 of Public Law 106–398: Provided 

further, That nothing contained herein shall affect the Maritime 

Administration’s authority to award contracts at least cost to the 

Federal Government and consistent with the requirements of 54 

U.S.C. 308704, section 3502, or otherwise authorized under the 

Federal Acquisition Regulation. 

PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION

OPERATIONAL EXPENSES

For necessary operational expenses of the Pipeline and Hazardous Materials Safety Administration, $21,000,000: Provided, 

That no later than 90 days after the date of enactment of this 


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129 STAT. 2862 PUBLIC LAW 114–113—DEC. 18, 2015 

Act, the Secretary of Transportation shall initiate a rulemaking 

to expand the applicability of comprehensive oil spill response plans, 

and shall issue a final rule no later than one year after the date 

of enactment of this Act. 

HAZARDOUS MATERIALS SAFETY

For expenses necessary to discharge the hazardous materials 

safety functions of the Pipeline and Hazardous Materials Safety 

Administration, $55,619,000, of which $7,570,000 shall remain 

available until September 30, 2018: Provided, That up to $800,000 

in fees collected under 49 U.S.C. 5108(g) shall be deposited in 

the general fund of the Treasury as offsetting receipts: Provided 

further, That there may be credited to this appropriation, to be 

available until expended, funds received from States, counties, 

municipalities, other public authorities, and private sources for 

expenses incurred for training, for reports publication and dissemination, and for travel expenses incurred in performance of hazardous materials exemptions and approvals functions. 

PIPELINE SAFETY

(PIPELINE SAFETY FUND)

(OIL SPILL LIABILITY TRUST FUND)

For expenses necessary to conduct the functions of the pipeline 

safety program, for grants-in-aid to carry out a pipeline safety 

program, as authorized by 49 U.S.C. 60107, and to discharge the 

pipeline program responsibilities of the Oil Pollution Act of 1990, 

$146,623,000, of which $22,123,000 shall be derived from the Oil 

Spill Liability Trust Fund and shall remain available until September 30, 2018; and of which $124,500,000 shall be derived from 

the Pipeline Safety Fund, of which $59,835,000 shall remain available until September 30, 2018: Provided, That not less than 

$1,058,000 of the funds provided under this heading shall be for 

the One-Call state grant program: Provided further, That not less 

than $1,000,000 of the funds provided under this heading shall 

be for the finalization and implementation of rules required under 

section 60102(n) of title 49, United States Code, and section 8(b)(3) 

of the Pipeline Safety, Regulatory Certainty, and Job Creation 

Act of 2011 (49 U.S.C. 60108 note; 125 Stat. 1911). 

EMERGENCY PREPAREDNESS GRANTS

(EMERGENCY PREPAREDNESS FUND)

For necessary expenses to carryout 49 U.S.C. 5128(b), $188,000, 

to be derived from the Emergency Preparedness Fund, to remain 

available until September 30, 2017: Provided, That notwithstanding 

the fiscal year limitation specified in 49 U.S.C. 5116, not more 

than $28,318,000 shall be made available for obligation in fiscal 

year 2016 from amounts made available by 49 U.S.C. 5116(h), 

and 5128(b) and (c): Provided further, That notwithstanding 49 

U.S.C. 5116(h)(4), not more than 4 percent of the amounts made 

available from this account shall be available to pay administrative 

costs: Provided further, That none of the funds made available 

by 49 U.S.C. 5116(h), 5128(b), or 5128(c) shall be made available 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2863 

for obligation by individuals other than the Secretary of Transportation, or his or her designee: Provided further, That notwithstanding 49 U.S.C. 5128(b) and (c) and the current year obligation 

limitation, prior year recoveries recognized in the current year 

shall be available to develop a hazardous materials response 

training curriculum for emergency responders, including response 

activities for the transportation of crude oil, ethanol and other 

flammable liquids by rail, consistent with National Fire Protection 

Association standards, and to make such training available through 

an electronic format: Provided further, That the prior year recoveries made available under this heading shall also be available 

to carry out 49 U.S.C. 5116(a)(1)(C) and 5116(i). 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of the Inspector General 

to carry out the provisions of the Inspector General Act of 1978, 

as amended, $87,472,000: Provided, That the Inspector General 

shall have all necessary authority, in carrying out the duties specified in the Inspector General Act, as amended (5 U.S.C. App. 

3), to investigate allegations of fraud, including false statements 

to the government (18 U.S.C. 1001), by any person or entity that 

is subject to regulation by the Department of Transportation: Provided further, That the funds made available under this heading 

may be used to investigate, pursuant to section 41712 of title 

49, United States Code: (1) unfair or deceptive practices and unfair 

methods of competition by domestic and foreign air carriers and 

ticket agents; and (2) the compliance of domestic and foreign air 

carriers with respect to item (1) of this proviso. 

SURFACE TRANSPORTATION BOARD

SALARIES AND EXPENSES

For necessary expenses of the Surface Transportation Board, 

including services authorized by 5 U.S.C. 3109, $32,375,000: Provided, That notwithstanding any other provision of law, not to 

exceed $1,250,000 from fees established by the Chairman of the 

Surface Transportation Board shall be credited to this appropriation 

as offsetting collections and used for necessary and authorized 

expenses under this heading: Provided further, That the sum herein 

appropriated from the general fund shall be reduced on a dollarfor-dollar basis as such offsetting collections are received during 

fiscal year 2016, to result in a final appropriation from the general 

fund estimated at no more than $31,125,000. 

GENERAL PROVISIONS—DEPARTMENT OF TRANSPORTATION

SEC. 180. During the current fiscal year, applicable appropriations to the Department of Transportation shall be available for 

maintenance and operation of aircraft; hire of passenger motor 

vehicles and aircraft; purchase of liability insurance for motor 

vehicles operating in foreign countries on official department business; and uniforms or allowances therefor, as authorized by law 

(5 U.S.C. 5901–5902). 


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129 STAT. 2864 PUBLIC LAW 114–113—DEC. 18, 2015 

SEC. 181. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized 

by 5 U.S.C. 3109, but at rates for individuals not to exceed the 

per diem rate equivalent to the rate for an Executive Level IV. 

SEC. 182. None of the funds in this Act shall be available 

for salaries and expenses of more than 110 political and Presidential 

appointees in the Department of Transportation: Provided, That 

none of the personnel covered by this provision may be assigned 

on temporary detail outside the Department of Transportation. 

SEC. 183. (a) No recipient of funds made available in this 

Act shall disseminate personal information (as defined in 18 U.S.C. 

2725(3)) obtained by a State department of motor vehicles in connection with a motor vehicle record as defined in 18 U.S.C. 2725(1), 

except as provided in 18 U.S.C. 2721 for a use permitted under 

18 U.S.C. 2721. 

(b) Notwithstanding subsection (a), the Secretary shall not withhold funds provided in this Act for any grantee if a State is in 

noncompliance with this provision. 

SEC. 184. Funds received by the Federal Highway Administration and Federal Railroad Administration from States, counties, 

municipalities, other public authorities, and private sources for 

expenses incurred for training may be credited respectively to the 

Federal Highway Administration’s ‘‘Federal-Aid Highways’’ account 

and to the Federal Railroad Administration’s ‘‘Safety and Operations’’ account, except for State rail safety inspectors participating 

in training pursuant to 49 U.S.C. 20105. 

SEC. 185. None of the funds in this Act to the Department 

of Transportation may be used to make a loan, loan guarantee, 

line of credit, or grant unless the Secretary of Transportation notifies the House and Senate Committees on Appropriations not less 

than 3 full business days before any project competitively selected 

to receive a discretionary grant award, any discretionary grant 

award, letter of intent, loan commitment, loan guarantee commitment, line of credit commitment, or full funding grant agreement 

totaling $750,000 or more is announced by the department or its 

modal administrations from— 

(1) any discretionary grant or federal credit program of 

the Federal Highway Administration including the emergency 

relief program; 

(2) the airport improvement program of the Federal Aviation Administration; 

(3) any program of the Federal Railroad Administration; 

(4) any program of the Federal Transit Administration 

other than the formula grants and fixed guideway modernization programs; 

(5) any program of the Maritime Administration; or 

(6) any funding provided under the headings ‘‘National 

Infrastructure Investments’’ in this Act: 

Provided, That the Secretary gives concurrent notification to the 

House and Senate Committees on Appropriations for any ‘‘quick 

release’’ of funds from the emergency relief program: Provided further, That no notification shall involve funds that are not available 

for obligation. 

SEC. 186. Rebates, refunds, incentive payments, minor fees 

and other funds received by the Department of Transportation 

from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources are to be 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2865 

credited to appropriations of the Department of Transportation 

and allocated to elements of the Department of Transportation 

using fair and equitable criteria and such funds shall be available 

until expended. 

SEC. 187. Amounts made available in this or any other Act 

that the Secretary determines represent improper payments by 

the Department of Transportation to a third-party contractor under 

a financial assistance award, which are recovered pursuant to law, 

shall be available— 

(1) to reimburse the actual expenses incurred by the 

Department of Transportation in recovering improper payments; and 

(2) to pay contractors for services provided in recovering 

improper payments or contractor support in the implementation 

of the Improper Payments Information Act of 2002: Provided, 

That amounts in excess of that required for paragraphs (1) 

and (2)— 

(A) shall be credited to and merged with the appropriation from which the improper payments were made, and 

shall be available for the purposes and period for which 

such appropriations are available: Provided further, That 

where specific project or accounting information associated 

with the improper payment or payments is not readily 

available, the Secretary may credit an appropriate account, 

which shall be available for the purposes and period associated with the account so credited; or 

(B) if no such appropriation remains available, shall 

be deposited in the Treasury as miscellaneous receipts: 

Provided further, That prior to the transfer of any such 

recovery to an appropriations account, the Secretary shall 

notify the House and Senate Committees on Appropriations 

of the amount and reasons for such transfer: Provided 

further, That for purposes of this section, the term 

‘‘improper payments’’ has the same meaning as that provided in section 2(d)(2) of Public Law 107–300. 

SEC. 188. Notwithstanding any other provision of law, if any 

funds provided in or limited by this Act are subject to a reprogramming action that requires notice to be provided to the House and 

Senate Committees on Appropriations, transmission of said reprogramming notice shall be provided solely to the House and 

Senate Committees on Appropriations, and said reprogramming 

action shall be approved or denied solely by the House and Senate 

Committees on Appropriations: Provided, That the Secretary of 

Transportation may provide notice to other congressional committees of the action of the House and Senate Committees on Appropriations on such reprogramming but not sooner than 30 days 

following the date on which the reprogramming action has been 

approved or denied by the House and Senate Committees on Appropriations. 

SEC. 189. None of the funds appropriated or otherwise made 

available under this Act may be used by the Surface Transportation 

Board of the Department of Transportation to charge or collect 

any filing fee for rate or practice complaints filed with the Board 

in an amount in excess of the amount authorized for district court 

civil suit filing fees under section 1914 of title 28, United States 

Code. 


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129 STAT. 2866 PUBLIC LAW 114–113—DEC. 18, 2015 

SEC. 190. Funds appropriated in this Act to the modal administrations may be obligated for the Office of the Secretary for the 

costs related to assessments or reimbursable agreements only when 

such amounts are for the costs of goods and services that are 

purchased to provide a direct benefit to the applicable modal 

administration or administrations. 

SEC. 191. The Secretary of Transportation is authorized to 

carry out a program that establishes uniform standards for developing and supporting agency transit pass and transit benefits 

authorized under section 7905 of title 5, United States Code, 

including distribution of transit benefits by various paper and electronic media. 

SEC. 192. The Department of Transportation may use funds 

provided by this Act, or any other Act, to assist a contract under 

title 49 U.S.C. or title 23 U.S.C. utilizing geographic, economic, 

or any other hiring preference not otherwise authorized by law, 

except for such preferences authorized in this Act, or to amend 

a rule, regulation, policy or other measure that forbids a recipient 

of a Federal Highway Administration or Federal Transit Administration grant from imposing such hiring preference on a contract 

or construction project with which the Department of Transportation is assisting, only if the grant recipient certifies the following: 

(1) that except with respect to apprentices or trainees, 

a pool of readily available but unemployed individuals possessing the knowledge, skill, and ability to perform the work 

that the contract requires resides in the jurisdiction; 

(2) that the grant recipient will include appropriate provisions in its bid document ensuring that the contractor does 

not displace any of its existing employees in order to satisfy 

such hiring preference; and 

(3) that any increase in the cost of labor, training, or 

delays resulting from the use of such hiring preference does 

not delay or displace any transportation project in the 

applicable Statewide Transportation Improvement Program or 

Transportation Improvement Program. 

This title may be cited as the ‘‘Department of Transportation 

Appropriations Act, 2016’’. 

TITLE II 

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 

MANAGEMENT AND ADMINISTRATION

EXECUTIVE OFFICES

For necessary salaries and expenses for Executive Offices, 

which shall be comprised of the offices of the Secretary, Deputy 

Secretary, Adjudicatory Services, Congressional and Intergovernmental Relations, Public Affairs, Small and Disadvantaged Business 

Utilization, and the Center for Faith-Based and Neighborhood Partnerships, $13,800,000: Provided, That not to exceed $25,000 of 

the amount made available under this heading shall be available 

to the Secretary for official reception and representation expenses 

as the Secretary may determine. 

Department of 

Housing and 

Urban 

Development 

Appropriations 

Act, 2016. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2867 

ADMINISTRATIVE SUPPORT OFFICES

For necessary salaries and expenses for Administrative Support 

Offices, $559,100,000, of which $79,000,000 shall be available for 

the Office of the Chief Financial Officer; $94,500,000 shall be available for the Office of the General Counsel; $207,600,000 shall be 

available for the Office of Administration; $56,300,000 shall be 

available for the Office of the Chief Human Capital Officer; 

$51,500,000 shall be available for the Office of Field Policy and 

Management; $17,200,000 shall be available for the Office of the 

Chief Procurement Officer; $3,300,000 shall be available for the 

Office of Departmental Equal Employment Opportunity; $4,500,000 

shall be available for the Office of Strategic Planning and Management; and $45,200,000 shall be available for the Office of the 

Chief Information Officer: Provided, That funds provided under 

this heading may be used for necessary administrative and nonadministrative expenses of the Department of Housing and Urban 

Development, not otherwise provided for, including purchase of 

uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901– 

5902; hire of passenger motor vehicles; and services as authorized 

by 5 U.S.C. 3109: Provided further, That notwithstanding any other 

provision of law, funds appropriated under this heading may be 

used for advertising and promotional activities that directly support 

program activities funded in this title: Provided further, That the 

Secretary shall provide the House and Senate Committees on Appropriations quarterly written notification regarding the status of 

pending congressional reports: Provided further, That the Secretary 

shall provide in electronic form all signed reports required by Congress. 

PROGRAM OFFICE SALARIES AND EXPENSES

PUBLIC AND INDIAN HOUSING

For necessary salaries and expenses of the Office of Public and Indian Housing, $205,500,000. 

COMMUNITY PLANNING AND DEVELOPMENT

For necessary salaries and expenses of the Office of Community 

Planning and Development, $104,800,000. 

HOUSING

For necessary salaries and expenses of the Office of Housing, $375,000,000. 

POLICY DEVELOPMENT AND RESEARCH

For necessary salaries and expenses of the Office of Policy 

Development and Research, $23,100,000. 

FAIR HOUSING AND EQUAL OPPORTUNITY

For necessary salaries and expenses of the Office of Fair 

Housing and Equal Opportunity, $72,000,000. 


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129 STAT. 2868 PUBLIC LAW 114–113—DEC. 18, 2015 

OFFICE OF LEAD HAZARD CONTROL AND HEALTHY HOMES

For necessary salaries and expenses of the Office of Lead Hazard Control and Healthy Homes, $7,000,000. 

WORKING CAPITAL FUND

(INCLUDING TRANSFER OF FUNDS)

There is hereby established in the United States Treasury, 

pursuant to section 7(f) of the Department of Housing and Urban 

Development Act (42 U.S.C. 3535(f)), a working capital fund for 

the Department of Housing and Urban Development (referred to 

in this paragraph as the ‘‘Fund’’): Provided, That amounts transferred to the Fund under this heading shall be available for Federal 

shared services used by offices and agencies of the Department, 

and for such portion of any office or agency’s printing, records 

management, space renovation, furniture, or supply services as 

the Secretary determines shall be derived from centralized sources 

made available by the Department to all offices and agencies and 

funded through the Fund: Provided further, That of the amounts 

made available in this title for salaries and expenses under the 

headings ‘‘Executive Offices’’, ‘‘Administrative Support Offices’’, 

‘‘Program Office Salaries and Expenses’’, and ‘‘Government National 

Mortgage Association’’, the Secretary shall transfer to the Fund 

such amounts, to remain available until expended, as are necessary 

to fund services, specified in the first proviso, for which the appropriation would otherwise have been available, and may transfer 

not to exceed an additional $10,000,000, in aggregate, from all 

such appropriations, to be merged with the Fund and to remain 

available until expended for use for any office or agency: Provided 

further, That amounts in the Fund shall be the only amounts 

available to each office or agency of the Department for the services, 

or portion of services, specified in the first proviso: Provided further, 

That with respect to the Fund, the authorities and conditions under 

this heading shall supplant the authorities and conditions provided 

under section 7(f) of the Department of Housing and Urban Development Act. 

PUBLIC AND INDIAN HOUSING

TENANT-BASED RENTAL ASSISTANCE

For activities and assistance for the provision of tenant-based 

rental assistance authorized under the United States Housing Act 

of 1937, as amended (42 U.S.C. 1437 et seq.) (‘‘the Act’’ herein), 

not otherwise provided for, $15,628,525,000, to remain available 

until expended, shall be available on October 1, 2015 (in addition 

to the $4,000,000,000 previously appropriated under this heading 

that shall be available on October 1, 2015), and $4,000,000,000, 

to remain available until expended, shall be available on October 

1, 2016: Provided, That the amounts made available under this 

heading are provided as follows: 

(1) $17,681,451,000 shall be available for renewals of 

expiring section 8 tenant-based annual contributions contracts 

(including renewals of enhanced vouchers under any provision 

of law authorizing such assistance under section 8(t) of the 

Act) and including renewal of other special purpose incremental 

42 USC 3535a. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2869 

vouchers: Provided, That notwithstanding any other provision 

of law, from amounts provided under this paragraph and any 

carryover, the Secretary for the calendar year 2016 funding 

cycle shall provide renewal funding for each public housing 

agency based on validated voucher management system (VMS) 

leasing and cost data for the prior calendar year and by 

applying an inflation factor as established by the Secretary, 

by notice published in the Federal Register, and by making 

any necessary adjustments for the costs associated with the 

first-time renewal of vouchers under this paragraph including 

tenant protection, HOPE VI, and Choice Neighborhoods 

vouchers: Provided further, That in determining calendar year 

2016 funding allocations under this heading for public housing 

agencies, including agencies participating in the Moving To 

Work (MTW) demonstration, the Secretary may take into 

account the anticipated impact of changes in targeting and 

utility allowances, on public housing agencies’ contract renewal 

needs: Provided further, That none of the funds provided under 

this paragraph may be used to fund a total number of unit 

months under lease which exceeds a public housing agency’s 

authorized level of units under contract, except for public 

housing agencies participating in the MTW demonstration, 

which are instead governed by the terms and conditions of 

their MTW agreements: Provided further, That the Secretary 

shall, to the extent necessary to stay within the amount specified under this paragraph (except as otherwise modified under 

this paragraph), prorate each public housing agency’s allocation 

otherwise established pursuant to this paragraph: Provided 

further, That except as provided in the following provisos, the 

entire amount specified under this paragraph (except as otherwise modified under this paragraph) shall be obligated to the 

public housing agencies based on the allocation and pro rata 

method described above, and the Secretary shall notify public 

housing agencies of their annual budget by the latter of 60 

days after enactment of this Act or March 1, 2016: Provided 

further, That the Secretary may extend the notification period 

with the prior written approval of the House and Senate 

Committees on Appropriations: Provided further, That public 

housing agencies participating in the MTW demonstration shall 

be funded pursuant to their MTW agreements and shall be 

subject to the same pro rata adjustments under the previous 

provisos: Provided further, That the Secretary may offset public 

housing agencies’ calendar year 2016 allocations based on the 

excess amounts of public housing agencies’ net restricted assets 

accounts, including HUD held programmatic reserves (in 

accordance with VMS data in calendar year 2015 that is 

verifiable and complete), as determined by the Secretary: Provided further, That public housing agencies participating in 

the MTW demonstration shall also be subject to the offset, 

as determined by the Secretary, excluding amounts subject 

to the single fund budget authority provisions of their MTW 

agreements, from the agencies’ calendar year 2016 MTW 

funding allocation: Provided further, That the Secretary shall 

use any offset referred to in the previous two provisos throughout the calendar year to prevent the termination of rental 

assistance for families as the result of insufficient funding, 

as determined by the Secretary, and to avoid or reduce the 


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129 STAT. 2870 PUBLIC LAW 114–113—DEC. 18, 2015 

proration of renewal funding allocations: Provided further, That 

up to $75,000,000 shall be available only: (1) for adjustments 

in the allocations for public housing agencies, after application 

for an adjustment by a public housing agency that experienced 

a significant increase, as determined by the Secretary, in 

renewal costs of vouchers resulting from unforeseen circumstances or from portability under section 8(r) of the Act; 

(2) for vouchers that were not in use during the previous 

12-month period in order to be available to meet a commitment 

pursuant to section 8(o)(13) of the Act; (3) for adjustments 

for costs associated with HUD-Veterans Affairs Supportive 

Housing (HUD–VASH) vouchers; and (4) for public housing 

agencies that despite taking reasonable cost savings measures, 

as determined by the Secretary, would otherwise be required 

to terminate rental assistance for families as a result of insufficient funding: Provided further, That the Secretary shall allocate amounts under the previous proviso based on need, as 

determined by the Secretary; 

(2) $130,000,000 shall be for section 8 rental assistance 

for relocation and replacement of housing units that are demolished or disposed of pursuant to section 18 of the Act, conversion 

of section 23 projects to assistance under section 8, the family 

unification program under section 8(x) of the Act, relocation 

of witnesses in connection with efforts to combat crime in 

public and assisted housing pursuant to a request from a law 

enforcement or prosecution agency, enhanced vouchers under 

any provision of law authorizing such assistance under section 

8(t) of the Act, HOPE VI and Choice Neighborhood vouchers, 

mandatory and voluntary conversions, and tenant protection 

assistance including replacement and relocation assistance or 

for project-based assistance to prevent the displacement of 

unassisted elderly tenants currently residing in section 202 

properties financed between 1959 and 1974 that are refinanced 

pursuant to Public Law 106–569, as amended, or under the 

authority as provided under this Act: Provided, That when 

a public housing development is submitted for demolition or 

disposition under section 18 of the Act, the Secretary may 

provide section 8 rental assistance when the units pose an 

imminent health and safety risk to residents: Provided further, 

That the Secretary may only provide replacement vouchers 

for units that were occupied within the previous 24 months 

that cease to be available as assisted housing, subject only 

to the availability of funds: Provided further, That of the 

amounts made available under this paragraph, $5,000,000 may 

be available to provide tenant protection assistance, not otherwise provided under this paragraph, to residents residing in 

low vacancy areas and who may have to pay rents greater 

than 30 percent of household income, as the result of: (A) 

the maturity of a HUD-insured, HUD-held or section 202 loan 

that requires the permission of the Secretary prior to loan 

prepayment; (B) the expiration of a rental assistance contract 

for which the tenants are not eligible for enhanced voucher 

or tenant protection assistance under existing law; or (C) the 

expiration of affordability restrictions accompanying a mortgage 

or preservation program administered by the Secretary: Provided further, That such tenant protection assistance made 

available under the previous proviso may be provided under 


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the authority of section 8(t) or section 8(o)(13) of the United 

States Housing Act of 1937 (42 U.S.C. 1437f(t)): Provided further, That any tenant protection voucher made available from 

amounts under this paragraph shall not be reissued by any 

public housing agency, except the replacement vouchers as 

defined by the Secretary by notice, when the initial family 

that received any such voucher no longer receives such voucher, 

and the authority for any public housing agency to issue any 

such voucher shall cease to exist: Provided further, That the 

Secretary, for the purpose under this paragraph, may use 

unobligated balances, including recaptures and carryovers, 

remaining from amounts appropriated in prior fiscal years 

under this heading for voucher assistance for nonelderly disabled families and for disaster assistance made available under 

Public Law 110–329; 

(3) $1,650,000,000 shall be for administrative and other 

expenses of public housing agencies in administering the section 

8 tenant-based rental assistance program, of which up to 

$10,000,000 shall be available to the Secretary to allocate to 

public housing agencies that need additional funds to administer their section 8 programs, including fees associated with 

section 8 tenant protection rental assistance, the administration 

of disaster related vouchers, Veterans Affairs Supportive 

Housing vouchers, and other special purpose incremental 

vouchers: Provided, That no less than $1,640,000,000 of the 

amount provided in this paragraph shall be allocated to public 

housing agencies for the calendar year 2016 funding cycle based 

on section 8(q) of the Act (and related Appropriation Act provisions) as in effect immediately before the enactment of the 

Quality Housing and Work Responsibility Act of 1998 (Public 

Law 105–276): Provided further, That if the amounts made 

available under this paragraph are insufficient to pay the 

amounts determined under the previous proviso, the Secretary 

may decrease the amounts allocated to agencies by a uniform 

percentage applicable to all agencies receiving funding under 

this paragraph or may, to the extent necessary to provide 

full payment of amounts determined under the previous proviso, 

utilize unobligated balances, including recaptures and 

carryovers, remaining from funds appropriated to the Department of Housing and Urban Development under this heading 

from prior fiscal years, excluding special purpose vouchers, 

notwithstanding the purposes for which such amounts were 

appropriated: Provided further, That all public housing agencies 

participating in the MTW demonstration shall be funded pursuant to their MTW agreements, and shall be subject to the 

same uniform percentage decrease as under the previous proviso: Provided further, That amounts provided under this paragraph shall be only for activities related to the provision of 

tenant-based rental assistance authorized under section 8, 

including related development activities; 

(4) $107,074,000 for the renewal of tenant-based assistance 

contracts under section 811 of the Cranston-Gonzalez National 

Affordable Housing Act (42 U.S.C. 8013), including necessary 

administrative expenses: Provided, That administrative and 

other expenses of public housing agencies in administering 

the special purpose vouchers in this paragraph shall be funded 

under the same terms and be subject to the same pro rata 


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129 STAT. 2872 PUBLIC LAW 114–113—DEC. 18, 2015 

reduction as the percent decrease for administrative and other 

expenses to public housing agencies under paragraph (3) of 

this heading; 

(5) $60,000,000 for incremental rental voucher assistance 

for use through a supported housing program administered 

in conjunction with the Department of Veterans Affairs as 

authorized under section 8(o)(19) of the United States Housing 

Act of 1937: Provided, That the Secretary of Housing and 

Urban Development shall make such funding available, notwithstanding section 204 (competition provision) of this title, 

to public housing agencies that partner with eligible VA Medical 

Centers or other entities as designated by the Secretary of 

the Department of Veterans Affairs, based on geographical 

need for such assistance as identified by the Secretary of the 

Department of Veterans Affairs, public housing agency administrative performance, and other factors as specified by the Secretary of Housing and Urban Development in consultation with 

the Secretary of the Department of Veterans Affairs: Provided 

further, That the Secretary of Housing and Urban Development 

may waive, or specify alternative requirements for (in consultation with the Secretary of the Department of Veterans Affairs), 

any provision of any statute or regulation that the Secretary 

of Housing and Urban Development administers in connection 

with the use of funds made available under this paragraph 

(except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding 

by the Secretary that any such waivers or alternative requirements are necessary for the effective delivery and administration of such voucher assistance: Provided further, That assistance made available under this paragraph shall continue to 

remain available for homeless veterans upon turn-over; and 

(6) the Secretary shall separately track all special purpose 

vouchers funded under this heading. 

HOUSING CERTIFICATE FUND

(INCLUDING RESCISSIONS)

Unobligated balances, including recaptures and carryover, 

remaining from funds appropriated to the Department of Housing 

and Urban Development under this heading, the heading ‘‘Annual 

Contributions for Assisted Housing’’ and the heading ‘‘Project-Based 

Rental Assistance’’, for fiscal year 2016 and prior years may be 

used for renewal of or amendments to section 8 project-based contracts and for performance-based contract administrators, notwithstanding the purposes for which such funds were appropriated: 

Provided, That any obligated balances of contract authority from 

fiscal year 1974 and prior that have been terminated shall be 

rescinded: Provided further, That amounts heretofore recaptured, 

or recaptured during the current fiscal year, from section 8 projectbased contracts from source years fiscal year 1975 through fiscal 

year 1987 are hereby rescinded, and an amount of additional new 

budget authority, equivalent to the amount rescinded is hereby 

appropriated, to remain available until expended, for the purposes 

set forth under this heading, in addition to amounts otherwise 

available. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2873 

PUBLIC HOUSING CAPITAL FUND

For the Public Housing Capital Fund Program to carry out 

capital and management activities for public housing agencies, as 

authorized under section 9 of the United States Housing Act of 

1937 (42 U.S.C. 1437g) (the ‘‘Act’’) $1,900,000,000, to remain available until September 30, 2019: Provided, That notwithstanding 

any other provision of law or regulation, during fiscal year 2016, 

the Secretary of Housing and Urban Development may not delegate 

to any Department official other than the Deputy Secretary and 

the Assistant Secretary for Public and Indian Housing any authority 

under paragraph (2) of section 9(j) regarding the extension of the 

time periods under such section: Provided further, That for purposes 

of such section 9(j), the term ‘‘obligate’’ means, with respect to 

amounts, that the amounts are subject to a binding agreement 

that will result in outlays, immediately or in the future: Provided 

further, That up to $3,000,000 shall be to support ongoing Public 

Housing Financial and Physical Assessment activities: Provided 

further, That up to $1,000,000 shall be to support the costs of 

administrative and judicial receiverships: Provided further, That 

of the total amount provided under this heading, not to exceed 

$21,500,000 shall be available for the Secretary to make grants, 

notwithstanding section 204 of this Act, to public housing agencies 

for emergency capital needs including safety and security measures 

necessary to address crime and drug-related activity as well as 

needs resulting from unforeseen or unpreventable emergencies and 

natural disasters excluding Presidentially declared emergencies and 

natural disasters under the Robert T. Stafford Disaster Relief and 

Emergency Act (42 U.S.C. 5121 et seq.) occurring in fiscal year 

2016: Provided further, That of the amount made available under 

the previous proviso, not less than $5,000,000 shall be for safety 

and security measures: Provided further, That of the total amount 

provided under this heading $35,000,000 shall be for supportive 

services, service coordinator and congregate services as authorized 

by section 34 of the Act (42 U.S.C. 1437z–6) and the Native American Housing Assistance and Self-Determination Act of 1996 (25 

U.S.C. 4101 et seq.): Provided further, That of the total amount 

made available under this heading, $15,000,000 shall be for a 

Jobs-Plus initiative modeled after the Jobs-Plus demonstration: Provided further, That the funding provided under the previous proviso 

shall provide competitive grants to partnerships between public 

housing authorities, local workforce investment boards established 

under section 117 of the Workforce Investment Act of 1998, and 

other agencies and organizations that provide support to help public 

housing residents obtain employment and increase earnings: Provided further, That applicants must demonstrate the ability to 

provide services to residents, partner with workforce investment 

boards, and leverage service dollars: Provided further, That the 

Secretary may allow public housing agencies to request exemptions 

from rent and income limitation requirements under sections 3 

and 6 of the United States Housing Act of 1937 as necessary 

to implement the Jobs-Plus program, on such terms and conditions 

as the Secretary may approve upon a finding by the Secretary 

that any such waivers or alternative requirements are necessary 

for the effective implementation of the Jobs-Plus initiative as a 

voluntary program for residents: Provided further, That the Secretary shall publish by notice in the Federal Register any waivers 


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129 STAT. 2874 PUBLIC LAW 114–113—DEC. 18, 2015 

or alternative requirements pursuant to the preceding proviso no 

later than 10 days before the effective date of such notice: Provided 

further, That for funds provided under this heading, the limitation 

in section 9(g)(1) of the Act shall be 25 percent: Provided further, That the Secretary may waive the limitation in the previous proviso 

to allow public housing agencies to fund activities authorized under 

section 9(e)(1)(C) of the Act: Provided further, That the Secretary 

shall notify public housing agencies requesting waivers under the 

previous proviso if the request is approved or denied within 14 

days of submitting the request: Provided further, That from the 

funds made available under this heading, the Secretary shall provide bonus awards in fiscal year 2016 to public housing agencies 

that are designated high performers: Provided further, That the 

Department shall notify public housing agencies of their formula 

allocation within 60 days of enactment of this Act. 

PUBLIC HOUSING OPERATING FUND

For 2016 payments to public housing agencies for the operation 

and management of public housing, as authorized by section 9(e) 

of the United States Housing Act of 1937 (42 U.S.C. 1437g(e)), 

$4,500,000,000, to remain available until September 30, 2017. 

CHOICE NEIGHBORHOODS INITIATIVE

For competitive grants under the Choice Neighborhoods Initiative (subject to section 24 of the United States Housing Act of 

1937 (42 U.S.C. 1437v), unless otherwise specified under this 

heading), for transformation, rehabilitation, and replacement 

housing needs of both public and HUD-assisted housing and to 

transform neighborhoods of poverty into functioning, sustainable 

mixed income neighborhoods with appropriate services, schools, 

public assets, transportation and access to jobs, $125,000,000, to 

remain available until September 30, 2018: Provided, That grant 

funds may be used for resident and community services, community 

development, and affordable housing needs in the community, and 

for conversion of vacant or foreclosed properties to affordable 

housing: Provided further, That the use of funds made available 

under this heading shall not be deemed to be public housing notwithstanding section 3(b)(1) of such Act: Provided further, That 

grantees shall commit to an additional period of affordability determined by the Secretary of not fewer than 20 years: Provided further, That grantees shall undertake comprehensive local planning with 

input from residents and the community, and that grantees shall 

provide a match in State, local, other Federal or private funds: 

Provided further, That grantees may include local governments, 

tribal entities, public housing authorities, and nonprofits: Provided 

further, That for-profit developers may apply jointly with a public 

entity: Provided further, That for purposes of environmental review, 

a grantee shall be treated as a public housing agency under section 

26 of the United States Housing Act of 1937 (42 U.S.C. 1437x), 

and grants under this heading shall be subject to the regulations 

issued by the Secretary to implement such section: Provided further, 

That of the amount provided, not less than $75,000,000 shall be 

awarded to public housing agencies: Provided further, That such 

grantees shall create partnerships with other local organizations 

including assisted housing owners, service agencies, and resident 

organizations: Provided further, That the Secretary shall consult 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2875 

with the Secretaries of Education, Labor, Transportation, Health 

and Human Services, Agriculture, and Commerce, the Attorney 

General, and the Administrator of the Environmental Protection 

Agency to coordinate and leverage other appropriate Federal 

resources: Provided further, That no more than $5,000,000 of funds 

made available under this heading may be provided to assist 

communities in developing comprehensive strategies for implementing this program or implementing other revitalization efforts 

in conjunction with community notice and input: Provided further, That the Secretary shall develop and publish guidelines for the 

use of such competitive funds, including but not limited to eligible 

activities, program requirements, and performance metrics: Provided further, That unobligated balances, including recaptures, 

remaining from funds appropriated under the heading ‘‘Revitalization of Severely Distressed Public Housing (HOPE VI)’’ in fiscal 

year 2011 and prior fiscal years may be used for purposes under 

this heading, notwithstanding the purposes for which such amounts 

were appropriated. 

FAMILY SELF-SUFFICIENCY

For the Family Self-Sufficiency program to support family selfsufficiency coordinators under section 23 of the United States 

Housing Act of 1937, to promote the development of local strategies 

to coordinate the use of assistance under sections 8(o) and 9 of 

such Act with public and private resources, and enable eligible 

families to achieve economic independence and self-sufficiency, 

$75,000,000, to remain available until September 30, 2017: Provided, That the Secretary may, by Federal Register notice, waive 

or specify alternative requirements under sections b(3), b(4), b(5), 

or c(1) of section 23 of such Act in order to facilitate the operation 

of a unified self-sufficiency program for individuals receiving assistance under different provisions of the Act, as determined by the 

Secretary: Provided further, That owners of a privately owned multifamily property with a section 8 contract may voluntarily make 

a Family Self-Sufficiency program available to the assisted tenants 

of such property in accordance with procedures established by the 

Secretary: Provided further, That such procedures established 

pursuant to the previous proviso shall permit participating tenants 

to accrue escrow funds in accordance with section 23(d)(2) and 

shall allow owners to use funding from residual receipt accounts 

to hire coordinators for their own Family Self-Sufficiency program. 

NATIVE AMERICAN HOUSING BLOCK GRANTS

For the Native American Housing Block Grants program, as 

authorized under title I of the Native American Housing Assistance 

and Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 

et seq.), $650,000,000, to remain available until September 30, 

2020: Provided, That, notwithstanding the Native American 

Housing Assistance and Self-Determination Act of 1996, to determine the amount of the allocation under title I of such Act for 

each Indian tribe, the Secretary shall apply the formula under 

section 302 of such Act with the need component based on singlerace census data and with the need component based on multirace census data, and the amount of the allocation for each Indian 

tribe shall be the greater of the two resulting allocation amounts: 

Provided further, That of the amounts made available under this 


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129 STAT. 2876 PUBLIC LAW 114–113—DEC. 18, 2015 

heading, $3,500,000 shall be contracted for assistance for national 

or regional organizations representing Native American housing 

interests for providing training and technical assistance to Indian 

housing authorities and tribally designated housing entities as 

authorized under NAHASDA: Provided further, That of the funds 

made available under the previous proviso, not less than $2,000,000 

shall be made available for a national organization as authorized 

under section 703 of NAHASDA (25 U.S.C. 4212): Provided further, 

That of the amounts made available under this heading, $2,000,000 

shall be to support the inspection of Indian housing units, contract 

expertise, training, and technical assistance in the training, oversight, and management of such Indian housing and tenant-based 

assistance: Provided further, That of the amount provided under 

this heading, $2,000,000 shall be made available for the cost of 

guaranteed notes and other obligations, as authorized by title VI 

of NAHASDA: Provided further, That such costs, including the 

costs of modifying such notes and other obligations, shall be as 

defined in section 502 of the Congressional Budget Act of 1974, 

as amended: Provided further, That these funds are available to 

subsidize the total principal amount of any notes and other obligations, any part of which is to be guaranteed, not to exceed 

$17,452,007: Provided further, That the Department will notify 

grantees of their formula allocation within 60 days of the date 

of enactment of this Act: Provided further, notwithstanding section 

302(d) of NAHASDA, if on January 1, 2016, a recipient’s total 

amount of undisbursed block grants in the Department’s line of 

credit control system is greater than three times the formula allocation it would otherwise receive under this heading, the Secretary 

shall adjust that recipient’s formula allocation down by the difference between its total amount of undisbursed block grants in 

the Department’s line of credit control system on January 1, 2016, 

and three times the formula allocation it would otherwise receive: 

Provided further, That grant amounts not allocated to a recipient 

pursuant to the previous proviso shall be allocated under the need 

component of the formula proportionately among all other Indian 

tribes not subject to an adjustment: Provided further, That the 

two previous provisos shall not apply to any Indian tribe that 

would otherwise receive a formula allocation of less than $8,000,000: 

Provided further, That to take effect, the three previous provisos 

do not require issuance or amendment of any regulation, and shall 

not be construed to confer hearing rights under any section of 

NAHASDA or its implementing regulations. 

INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT

For the cost of guaranteed loans, as authorized by section 

184 of the Housing and Community Development Act of 1992 (12 

U.S.C. 1715z–13a), $7,500,000, to remain available until expended: 

Provided, That such costs, including the costs of modifying such 

loans, shall be as defined in section 502 of the Congressional Budget 

Act of 1974: Provided further, That these funds are available to 

subsidize total loan principal, any part of which is to be guaranteed, 

up to $1,190,476,190, to remain available until expended: Provided 

further, That up to $750,000 of this amount may be for administrative contract expenses including management processes and systems 

to carry out the loan guarantee program. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2877 

COMMUNITY PLANNING AND DEVELOPMENT

HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

For carrying out the Housing Opportunities for Persons with 

AIDS program, as authorized by the AIDS Housing Opportunity 

Act (42 U.S.C. 12901 et seq.), $335,000,000, to remain available 

until September 30, 2017, except that amounts allocated pursuant 

to section 854(c)(3) of such Act shall remain available until September 30, 2018: Provided, That the Secretary shall renew all 

expiring contracts for permanent supportive housing that initially 

were funded under section 854(c)(3) of such Act from funds made 

available under this heading in fiscal year 2010 and prior fiscal 

years that meet all program requirements before awarding funds 

for new contracts under such section: Provided further, That the 

Department shall notify grantees of their formula allocation within 

60 days of enactment of this Act. 

COMMUNITY DEVELOPMENT FUND

For assistance to units of State and local government, and 

to other entities, for economic and community development activities, and for other purposes, $3,060,000,000, to remain available 

until September 30, 2018, unless otherwise specified: Provided, 

That of the total amount provided, $3,000,000,000 is for carrying 

out the community development block grant program under title 

I of the Housing and Community Development Act of 1974, as 

amended (‘‘the Act’’ herein) (42 U.S.C. 5301 et seq.): Provided further, That unless explicitly provided for under this heading, not 

to exceed 20 percent of any grant made with funds appropriated 

under this heading shall be expended for planning and management 

development and administration: Provided further, That a metropolitan city, urban county, unit of general local government, or 

Indian tribe, or insular area that directly or indirectly receives 

funds under this heading may not sell, trade, or otherwise transfer 

all or any portion of such funds to another such entity in exchange 

for any other funds, credits or non-Federal considerations, but must 

use such funds for activities eligible under title I of the Act: Provided 

further, That notwithstanding section 105(e)(1) of the Act, no funds 

provided under this heading may be provided to a for-profit entity 

for an economic development project under section 105(a)(17) unless 

such project has been evaluated and selected in accordance with 

guidelines required under subparagraph (e)(2): Provided further, 

That none of the funds made available under this heading may 

be used for grants for the Economic Development Initiative (‘‘EDI’’) 

or Neighborhood Initiatives activities, Rural Innovation Fund, or 

for grants pursuant to section 107 of the Housing and Community 

Development Act of 1974 (42 U.S.C. 5307): Provided further, That 

the Department shall notify grantees of their formula allocation 

within 60 days of enactment of this Act: Provided further, That 

of the total amount provided under this heading $60,000,000 shall 

be for grants to Indian tribes notwithstanding section 106(a)(1) 

of such Act, of which, notwithstanding any other provision of law 

(including section 204 of this Act), up to $4,000,000 may be used 

for emergencies that constitute imminent threats to health and 

safety. 


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129 STAT. 2878 PUBLIC LAW 114–113—DEC. 18, 2015 

COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT

(INCLUDING RESCISSION)

Subject to section 502 of the Congressional Budget Act of 1974, 

during fiscal year 2016, commitments to guarantee loans under 

section 108 of the Housing and Community Development Act of 

1974 (42 U.S.C. 5308), any part of which is guaranteed, shall 

not exceed a total principal amount of $300,000,000, notwithstanding any aggregate limitation on outstanding obligations 

guaranteed in subsection (k) of such section 108: Provided, That 

the Secretary shall collect fees from borrowers, notwithstanding 

subsection (m) of such section 108, to result in a credit subsidy 

cost of zero for guaranteeing such loans, and any such fees shall 

be collected in accordance with section 502(7) of the Congressional 

Budget Act of 1974: Provided further, That all unobligated balances, 

including recaptures and carryover, remaining from funds appropriated to the Department of Housing and Urban Development 

under this heading are hereby permanently rescinded. 

HOME INVESTMENT PARTNERSHIPS PROGRAM

For the HOME Investment Partnerships program, as authorized under title II of the Cranston-Gonzalez National Affordable 

Housing Act, as amended, $950,000,000, to remain available until 

September 30, 2019: Provided, That notwithstanding the amount 

made available under this heading, the threshold reduction requirements in sections 216(10) and 217(b)(4) of such Act shall not apply 

to allocations of such amount: Provided further, That the requirements under provisos 2 through 6 under this heading for fiscal 

year 2012 and such requirements applicable pursuant to the ‘‘FullYear Continuing Appropriations Act, 2013’’, shall not apply to any 

project to which funds were committed on or after August 23, 

2013, but such projects shall instead be governed by the Final 

Rule titled ‘‘Home Investment Partnerships Program; Improving 

Performance and Accountability; Updating Property Standards’’ 

which became effective on such date: Provided further, That with 

respect to funds made available under this heading pursuant to 

such Act and funds provided in prior and subsequent appropriations 

acts that were or are used by community land trusts for the development of affordable homeownership housing pursuant to section 

215(b) of such Act, such community land trusts, notwithstanding 

section 215(b)(3)(A) of such Act, may hold and exercise purchase 

options, rights of first refusal or other preemptive rights to purchase 

the housing to preserve affordability, including but not limited 

to the right to purchase the housing in lieu of foreclosure: Provided 

further, That the Department shall notify grantees of their formula 

allocation within 60 days of enactment of this Act. 

SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM

For the Self-Help and Assisted Homeownership Opportunity 

Program, as authorized under section 11 of the Housing Opportunity 

Program Extension Act of 1996, as amended, $50,000,000, to remain 

available until September 30, 2018: Provided, That of the total 

amount provided under this heading, $10,000,000 shall be made 

available to the Self-Help and Assisted Homeownership Opportunity 

Program as authorized under section 11 of the Housing Opportunity 

42 USC 12745 

note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2879 

Program Extension Act of 1996, as amended: Provided further, That of the total amount provided under this heading, $35,000,000 

shall be made available for the second, third, and fourth capacity 

building activities authorized under section 4(a) of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not less 

than $5,000,000 shall be made available for rural capacity building 

activities: Provided further, That of the total amount provided under 

this heading, $5,000,000 shall be made available for capacity 

building by national rural housing organizations with experience 

assessing national rural conditions and providing financing, 

training, technical assistance, information, and research to local 

nonprofits, local governments and Indian Tribes serving high need 

rural communities: Provided further, That an additional $5,700,000, 

to remain available until expended, shall be for a program to 

rehabilitate and modify homes of disabled or low-income veterans 

as authorized under section 1079 of Public Law 113–291. 

HOMELESS ASSISTANCE GRANTS

For the Emergency Solutions Grants program as authorized 

under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, as amended; the Continuum of Care program as authorized under subtitle C of title IV of such Act; and the Rural Housing 

Stability Assistance program as authorized under subtitle D of 

title IV of such Act, $2,250,000,000, to remain available until September 30, 2018: Provided, That any rental assistance amounts 

that are recaptured under such Continuum of Care program shall 

remain available until expended: Provided further, That not less 

than $250,000,000 of the funds appropriated under this heading 

shall be available for such Emergency Solutions Grants program: 

Provided further, That not less than $1,918,000,000 of the funds 

appropriated under this heading shall be available for such Continuum of Care and Rural Housing Stability Assistance programs: 

Provided further, That up to $7,000,000 of the funds appropriated 

under this heading shall be available for the national homeless 

data analysis project: Provided further, That all funds awarded 

for supportive services under the Continuum of Care program and 

the Rural Housing Stability Assistance program shall be matched 

by not less than 25 percent in cash or in kind by each grantee: 

Provided further, That for all match requirements applicable to 

funds made available under this heading for this fiscal year and 

prior years, a grantee may use (or could have used) as a source 

of match funds other funds administered by the Secretary and 

other Federal agencies unless there is (or was) a specific statutory 

prohibition on any such use of any such funds: Provided further, 

That the Secretary shall establish system performance measures 

for which each continuum of care shall report baseline outcomes, 

and that relative to fiscal year 2015, under the Continuum of 

Care competition with respect to funds made available under this 

heading, the Secretary shall base an increasing share of the score 

on performance criteria: Provided further, That none of the funds 

provided under this heading shall be available to provide funding 

for new projects, except for projects created through reallocation, 

unless the Secretary determines that the continuum of care has 

demonstrated that projects are evaluated and ranked based on 

the degree to which they improve the continuum of care’s system 

performance: Provided further, That the Secretary shall prioritize 


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129 STAT. 2880 PUBLIC LAW 114–113—DEC. 18, 2015 

funding under the Continuum of Care program to continuums of 

care that have demonstrated a capacity to reallocate funding from 

lower performing projects to higher performing projects: Provided 

further, That all awards of assistance under this heading shall 

be required to coordinate and integrate homeless programs with 

other mainstream health, social services, and employment programs 

for which homeless populations may be eligible: Provided further, 

That with respect to funds provided under this heading for the 

Continuum of Care program for fiscal years 2013, 2014, 2015, 

and 2016 provision of permanent housing rental assistance may 

be administered by private nonprofit organizations: Provided further, That any unobligated amounts remaining from funds appropriated under this heading in fiscal year 2012 and prior years 

for project-based rental assistance for rehabilitation projects with 

10-year grant terms may be used for purposes under this heading, 

notwithstanding the purposes for which such funds were appropriated: Provided further, That all balances for Shelter Plus Care 

renewals previously funded from the Shelter Plus Care Renewal 

account and transferred to this account shall be available, if recaptured, for Continuum of Care renewals in fiscal year 2016: Provided 

further, That the Department shall notify grantees of their formula 

allocation from amounts allocated (which may represent initial or 

final amounts allocated) for the Emergency Solutions Grant program within 60 days of enactment of this Act: Provided further, 

That up to $33,000,000 of the funds appropriated under this heading 

shall be to implement projects to demonstrate how a comprehensive 

approach to serving homeless youth, age 24 and under, in up 

to 10 communities, including at least four rural communities, can 

dramatically reduce youth homelessness: Provided further, That 

such projects shall be eligible for renewal under the Continuum 

of Care program subject to the same terms and conditions as 

other renewal applicants: Provided further, That up to $5,000,000 

of the funds appropriated under this heading shall be available 

to provide technical assistance on youth homelessness, and collection, analysis, and reporting of data and performance measures 

under the comprehensive approaches to serve homeless youth, in 

addition to and in coordination with other technical assistance 

funds provided under this title: Provided further, That youth aged 

24 and under seeking assistance under this heading shall not be 

required to provide third party documentation to establish their 

eligibility under 42 U.S.C. 11302(a) or (b) to receive services: Provided further, That unaccompanied youth aged 24 and under or 

families headed by youth aged 24 and under who are living in 

unsafe situations may be served by youth-serving providers funded 

under this heading: Provided further, That the Secretary may use 

amounts made available under this heading for the Continuum 

of Care program to renew a grant originally awarded pursuant 

to the matter under the heading ‘‘Department of Housing and 

Urban Development—Permanent Supportive Housing’’ in chapter 

6 of title III of the Supplemental Appropriations Act, 2008 (Public 

Law 110–252; 122 Stat. 2351) for assistance under subtitle F of 

title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 

11403 et seq.): Provided further, That such renewal grant shall 

be awarded to the same grantee and be subject to the provisions 

of such Continuum of Care program except that the funds may 

be used outside the geographic area of the continuum of care. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2881 

HOUSING PROGRAMS

PROJECT-BASED RENTAL ASSISTANCE

For activities and assistance for the provision of project-based 

subsidy contracts under the United States Housing Act of 1937 

(42 U.S.C. 1437 et seq.) (‘‘the Act’’), not otherwise provided for, 

$10,220,000,000, to remain available until expended, shall be available on October 1, 2015 (in addition to the $400,000,000 previously 

appropriated under this heading that became available October 

1, 2015), and $400,000,000, to remain available until expended, 

shall be available on October 1, 2016: Provided, That the amounts 

made available under this heading shall be available for expiring 

or terminating section 8 project-based subsidy contracts (including 

section 8 moderate rehabilitation contracts), for amendments to 

section 8 project-based subsidy contracts (including section 8 moderate rehabilitation contracts), for contracts entered into pursuant 

to section 441 of the McKinney-Vento Homeless Assistance Act 

(42 U.S.C. 11401), for renewal of section 8 contracts for units 

in projects that are subject to approved plans of action under 

the Emergency Low Income Housing Preservation Act of 1987 or 

the Low-Income Housing Preservation and Resident Homeownership Act of 1990, and for administrative and other expenses associated with project-based activities and assistance funded under this 

paragraph: Provided further, That of the total amounts provided 

under this heading, not to exceed $215,000,000 shall be available 

for performance-based contract administrators for section 8 projectbased assistance, for carrying out 42 U.S.C. 1437(f): Provided further, That the Secretary of Housing and Urban Development may 

also use such amounts in the previous proviso for performancebased contract administrators for the administration of: interest 

reduction payments pursuant to section 236(a) of the National 

Housing Act (12 U.S.C. 1715z–1(a)); rent supplement payments 

pursuant to section 101 of the Housing and Urban Development 

Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental assistance 

payments (12 U.S.C. 1715z–1(f)(2)); project rental assistance contracts for the elderly under section 202(c)(2) of the Housing Act 

of 1959 (12 U.S.C. 1701q); project rental assistance contracts for 

supportive housing for persons with disabilities under section 

811(d)(2) of the Cranston-Gonzalez National Affordable Housing 

Act (42 U.S.C. 8013(d)(2)); project assistance contracts pursuant 

to section 202(h) of the Housing Act of 1959 (Public Law 86– 

372; 73 Stat. 667); and loans under section 202 of the Housing 

Act of 1959 (Public Law 86–372; 73 Stat. 667): Provided further, 

That amounts recaptured under this heading, the heading ‘‘Annual 

Contributions for Assisted Housing’’, or the heading ‘‘Housing Certificate Fund’’, may be used for renewals of or amendments to 

section 8 project-based contracts or for performance-based contract 

administrators, notwithstanding the purposes for which such 

amounts were appropriated: Provided further, That, notwithstanding any other provision of law, upon the request of the Secretary of Housing and Urban Development, project funds that are 

held in residual receipts accounts for any project subject to a section 

8 project-based Housing Assistance Payments contract that authorizes HUD or a Housing Finance Agency to require that surplus 

project funds be deposited in an interest-bearing residual receipts 

account and that are in excess of an amount to be determined 


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by the Secretary, shall be remitted to the Department and deposited 

in this account, to be available until expended: Provided further, That amounts deposited pursuant to the previous proviso shall 

be available in addition to the amount otherwise provided by this 

heading for uses authorized under this heading. 

HOUSING FOR THE ELDERLY

For amendments to capital advance contracts for housing for 

the elderly, as authorized by section 202 of the Housing Act of 

1959, as amended, and for project rental assistance for the elderly 

under section 202(c)(2) of such Act, including amendments to contracts for such assistance and renewal of expiring contracts for 

such assistance for up to a 1-year term, and for senior preservation 

rental assistance contracts, including renewals, as authorized by 

section 811(e) of the American Housing and Economic Opportunity 

Act of 2000, as amended, and for supportive services associated 

with the housing, $432,700,000 to remain available until September 

30, 2019: Provided, That of the amount provided under this heading, up to $77,000,000 shall be for service coordinators and the continuation of existing congregate service grants for residents of assisted 

housing projects: Provided further, That amounts under this 

heading shall be available for Real Estate Assessment Center 

inspections and inspection-related activities associated with section 

202 projects: Provided further, That the Secretary may waive the 

provisions of section 202 governing the terms and conditions of 

project rental assistance, except that the initial contract term for 

such assistance shall not exceed 5 years in duration: Provided 

further, That upon request of the Secretary of Housing and Urban 

Development, project funds that are held in residual receipts 

accounts for any project subject to a section 202 project rental 

assistance contract, and that upon termination of such contract 

are in excess of an amount to be determined by the Secretary, 

shall be remitted to the Department and deposited in this account, 

to be available until September 30, 2019: Provided further, That 

amounts deposited in this account pursuant to the previous proviso 

shall be available, in addition to the amounts otherwise provided 

by this heading, for amendments and renewals: Provided further, That unobligated balances, including recaptures and carryover, 

remaining from funds transferred to or appropriated under this 

heading shall be available for amendments and renewals notwithstanding the purposes for which such funds originally were appropriated. 

HOUSING FOR PERSONS WITH DISABILITIES

For amendments to capital advance contracts for supportive 

housing for persons with disabilities, as authorized by section 811 

of the Cranston-Gonzalez National Affordable Housing Act (42 

U.S.C. 8013), for project rental assistance for supportive housing 

for persons with disabilities under section 811(d)(2) of such Act 

and for project assistance contracts pursuant to section 202(h) of 

the Housing Act of 1959 (Public Law 86–372; 73 Stat. 667), 

including amendments to contracts for such assistance and renewal 

of expiring contracts for such assistance for up to a 1-year term, 

for project rental assistance to State housing finance agencies and 

other appropriate entities as authorized under section 811(b)(3) 

of the Cranston-Gonzalez National Housing Act, and for supportive 


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services associated with the housing for persons with disabilities 

as authorized by section 811(b)(1) of such Act, $150,600,000, to 

remain available until September 30, 2019: Provided, That amounts 

made available under this heading shall be available for Real Estate 

Assessment Center inspections and inspection-related activities 

associated with section 811 projects: Provided further, That, in 

this fiscal year, upon the request of the Secretary of Housing 

and Urban Development, project funds that are held in residual 

receipts accounts for any project subject to a section 811 project 

rental assistance contract and that upon termination of such contract are in excess of an amount to be determined by the Secretary 

shall be remitted to the Department and deposited in this account, 

to be available until September 30, 2019: Provided further, That 

amounts deposited in this account pursuant to the previous proviso 

shall be available in addition to the amounts otherwise provided 

by this heading for amendments and renewals: Provided further, 

That unobligated balances, including recaptures and carryover, 

remaining from funds transferred to or appropriated under this 

heading shall be used for amendments and renewals notwithstanding the purposes for which such funds originally were appropriated. 

HOUSING COUNSELING ASSISTANCE

For contracts, grants, and other assistance excluding loans, 

as authorized under section 106 of the Housing and Urban Development Act of 1968, as amended, $47,000,000, to remain available 

until September 30, 2017, including up to $4,500,000 for administrative contract services: Provided, That grants made available from 

amounts provided under this heading shall be awarded within 

180 days of enactment of this Act: Provided further, That funds 

shall be used for providing counseling and advice to tenants and 

homeowners, both current and prospective, with respect to property 

maintenance, financial management/literacy, and such other matters as may be appropriate to assist them in improving their housing 

conditions, meeting their financial needs, and fulfilling the responsibilities of tenancy or homeownership; for program administration; 

and for housing counselor training: Provided further, That for purposes of providing such grants from amounts provided under this 

heading, the Secretary may enter into multiyear agreements as 

appropriate, subject to the availability of annual appropriations. 

RENTAL HOUSING ASSISTANCE

For amendments to contracts under section 101 of the Housing 

and Urban Development Act of 1965 (12 U.S.C. 1701s) and section 

236(f)(2) of the National Housing Act (12 U.S.C. 1715z–1) in Stateaided, noninsured rental housing projects, $30,000,000, to remain 

available until expended: Provided, That such amount, together 

with unobligated balances from recaptured amounts appropriated 

prior to fiscal year 2006 from terminated contracts under such 

sections of law, and any unobligated balances, including recaptures 

and carryover, remaining from funds appropriated under this 

heading after fiscal year 2005, shall also be available for extensions 

of up to one year for expiring contracts under such sections of 

law. 


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PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND

For necessary expenses as authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 

U.S.C. 5401 et seq.), up to $10,500,000, to remain available until 

expended, of which $10,500,000 is to be derived from the Manufactured Housing Fees Trust Fund: Provided, That not to exceed 

the total amount appropriated under this heading shall be available 

from the general fund of the Treasury to the extent necessary 

to incur obligations and make expenditures pending the receipt 

of collections to the Fund pursuant to section 620 of such Act: 

Provided further, That the amount made available under this 

heading from the general fund shall be reduced as such collections 

are received during fiscal year 2016 so as to result in a final 

fiscal year 2016 appropriation from the general fund estimated 

at zero, and fees pursuant to such section 620 shall be modified 

as necessary to ensure such a final fiscal year 2016 appropriation: 

Provided further, That for the dispute resolution and installation 

programs, the Secretary of Housing and Urban Development may 

assess and collect fees from any program participant: Provided 

further, That such collections shall be deposited into the Fund, 

and the Secretary, as provided herein, may use such collections, 

as well as fees collected under section 620, for necessary expenses 

of such Act: Provided further, That, notwithstanding the requirements of section 620 of such Act, the Secretary may carry out 

responsibilities of the Secretary under such Act through the use 

of approved service providers that are paid directly by the recipients 

of their services. 

FEDERAL HOUSING ADMINISTRATION

MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

New commitments to guarantee single family loans insured 

under the Mutual Mortgage Insurance Fund shall not exceed 

$400,000,000,000, to remain available until September 30, 2017: 

Provided, That during fiscal year 2016, obligations to make direct 

loans to carry out the purposes of section 204(g) of the National 

Housing Act, as amended, shall not exceed $5,000,000: Provided 

further, That the foregoing amount in the previous proviso shall 

be for loans to nonprofit and governmental entities in connection 

with sales of single family real properties owned by the Secretary 

and formerly insured under the Mutual Mortgage Insurance Fund: 

Provided further, That for administrative contract expenses of the Federal Housing Administration, $130,000,000, to remain available 

until September 30, 2017: Provided further, That to the extent 

guaranteed loan commitments exceed $200,000,000,000 on or before 

April 1, 2016, an additional $1,400 for administrative contract 

expenses shall be available for each $1,000,000 in additional 

guaranteed loan commitments (including a pro rata amount for 

any amount below $1,000,000), but in no case shall funds made 

available by this proviso exceed $30,000,000. 

GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

New commitments to guarantee loans insured under the General and Special Risk Insurance Funds, as authorized by sections 

238 and 519 of the National Housing Act (12 U.S.C. 1715z–3 and 


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1735c), shall not exceed $30,000,000,000 in total loan principal, 

any part of which is to be guaranteed, to remain available until 

September 30, 2017: Provided, That during fiscal year 2016, gross 

obligations for the principal amount of direct loans, as authorized 

by sections 204(g), 207(l), 238, and 519(a) of the National Housing 

Act, shall not exceed $5,000,000, which shall be for loans to nonprofit and governmental entities in connection with the sale of 

single family real properties owned by the Secretary and formerly 

insured under such Act. 

GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE

PROGRAM ACCOUNT

New commitments to issue guarantees to carry out the purposes 

of section 306 of the National Housing Act, as amended (12 U.S.C. 

1721(g)), shall not exceed $500,000,000,000, to remain available 

until September 30, 2017: Provided, That $23,000,000 shall be 

available for necessary salaries and expenses of the Office of 

Government National Mortgage Association: Provided further, That 

to the extent that guaranteed loan commitments exceed 

$155,000,000,000 on or before April 1, 2016, an additional $100 

for necessary salaries and expenses shall be available until 

expended for each $1,000,000 in additional guaranteed loan commitments (including a pro rata amount for any amount below 

$1,000,000), but in no case shall funds made available by this 

proviso exceed $3,000,000: Provided further, That receipts from 

Commitment and Multiclass fees collected pursuant to title III 

of the National Housing Act, as amended, shall be credited as 

offsetting collections to this account. 

POLICY DEVELOPMENT AND RESEARCH

RESEARCH AND TECHNOLOGY

For contracts, grants, and necessary expenses of programs of 

research and studies relating to housing and urban problems, not 

otherwise provided for, as authorized by title V of the Housing 

and Urban Development Act of 1970 (12 U.S.C. 1701z–1 et seq.), 

including carrying out the functions of the Secretary of Housing 

and Urban Development under section 1(a)(1)(i) of Reorganization 

Plan No. 2 of 1968, and for technical assistance, $85,000,000, to 

remain available until September 30, 2017: Provided, That with 

respect to amounts made available under this heading, notwithstanding section 204 of this title, the Secretary may enter into 

cooperative agreements funded with philanthropic entities, other 

Federal agencies, or State or local governments and their agencies 

for research projects: Provided further, That with respect to the 

previous proviso, such partners to the cooperative agreements must 

contribute at least a 50 percent match toward the cost of the 

project: Provided further, That for non-competitive agreements 

entered into in accordance with the previous two provisos, the 

Secretary of Housing and Urban Development shall comply with 

section 2(b) of the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109–282, 31 U.S.C. note) in lieu 

of compliance with section 102(a)(4)(C) with respect to documentation of award decisions: Provided further, That prior to obligation 


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of technical assistance funding, the Secretary shall submit a plan, 

for approval, to the House and Senate Committees on Appropriations on how it will allocate funding for this activity. 

FAIR HOUSING AND EQUAL OPPORTUNITY

FAIR HOUSING ACTIVITIES

For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of 

1968, as amended by the Fair Housing Amendments Act of 1988, 

and section 561 of the Housing and Community Development Act 

of 1987, as amended, $65,300,000, to remain available until September 30, 2017: Provided, That notwithstanding 31 U.S.C. 3302, 

the Secretary may assess and collect fees to cover the costs of 

the Fair Housing Training Academy, and may use such funds 

to provide such training: Provided further, That no funds made 

available under this heading shall be used to lobby the executive 

or legislative branches of the Federal Government in connection 

with a specific contract, grant, or loan: Provided further, That 

of the funds made available under this heading, $300,000 shall 

be available to the Secretary of Housing and Urban Development 

for the creation and promotion of translated materials and other 

programs that support the assistance of persons with limited 

English proficiency in utilizing the services provided by the Department of Housing and Urban Development. 

OFFICE OF LEAD HAZARD CONTROL AND HEALTHY HOMES

LEAD HAZARD REDUCTION

For the Lead Hazard Reduction Program, as authorized by 

section 1011 of the Residential Lead-Based Paint Hazard Reduction 

Act of 1992, $110,000,000, to remain available until September 

30, 2017, of which $20,000,000 shall be for the Healthy Homes 

Initiative, pursuant to sections 501 and 502 of the Housing and 

Urban Development Act of 1970 that shall include research, studies, 

testing, and demonstration efforts, including education and outreach 

concerning lead-based paint poisoning and other housing-related 

diseases and hazards: Provided, That for purposes of environmental 

review, pursuant to the National Environmental Policy Act of 1969 

(42 U.S.C. 4321 et seq.) and other provisions of the law that further 

the purposes of such Act, a grant under the Healthy Homes Initiative, or the Lead Technical Studies program under this heading 

or under prior appropriations Acts for such purposes under this 

heading, shall be considered to be funds for a special project for 

purposes of section 305(c) of the Multifamily Housing Property 

Disposition Reform Act of 1994: Provided further, That of the total 

amount made available under this heading, $45,000,000 shall be 

made available on a competitive basis for areas with the highest 

lead paint abatement needs: Provided further, That each recipient 

of funds provided under the previous proviso shall contribute an 

amount not less than 25 percent of the total: Provided further, That each applicant shall certify adequate capacity that is acceptable to the Secretary to carry out the proposed use of funds pursuant 

to a notice of funding availability: Provided further, That amounts 

made available under this heading in this or prior appropriations 

Acts, and that still remain available, may be used for any purpose 


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under this heading notwithstanding the purpose for which such 

amounts were appropriated if a program competition is undersubscribed and there are other program competitions under this 

heading that are oversubscribed. 

INFORMATION TECHNOLOGY FUND

For the development of, modifications to, and infrastructure 

for Department-wide and program-specific information technology 

systems, for the continuing operation and maintenance of both 

Department-wide and program-specific information systems, and 

for program-related maintenance activities, $250,000,000, shall 

remain available until September 30, 2017: Provided, That any 

amounts transferred to this Fund under this Act shall remain 

available until expended: Provided further, That any amounts transferred to this Fund from amounts appropriated by previously 

enacted appropriations Acts may be used for the purposes specified 

under this Fund, in addition to any other information technology 

purposes for which such amounts were appropriated. 

OFFICE OF INSPECTOR GENERAL

For necessary salaries and expenses of the Office of Inspector 

General in carrying out the Inspector General Act of 1978, as 

amended, $126,000,000: Provided, That the Inspector General shall 

have independent authority over all personnel issues within this 

office. 

GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENT

(INCLUDING TRANSFER OF FUNDS)

(INCLUDING RESCISSIONS)

SEC. 201. Fifty percent of the amounts of budget authority, 

or in lieu thereof 50 percent of the cash amounts associated with 

such budget authority, that are recaptured from projects described 

in section 1012(a) of the Stewart B. McKinney Homeless Assistance 

Amendments Act of 1988 (42 U.S.C. 1437 note) shall be rescinded 

or in the case of cash, shall be remitted to the Treasury, and 

such amounts of budget authority or cash recaptured and not 

rescinded or remitted to the Treasury shall be used by State housing 

finance agencies or local governments or local housing agencies 

with projects approved by the Secretary of Housing and Urban 

Development for which settlement occurred after January 1, 1992, 

in accordance with such section. Notwithstanding the previous sentence, the Secretary may award up to 15 percent of the budget 

authority or cash recaptured and not rescinded or remitted to 

the Treasury to provide project owners with incentives to refinance 

their project at a lower interest rate. 

SEC. 202. None of the amounts made available under this 

Act may be used during fiscal year 2016 to investigate or prosecute 

under the Fair Housing Act any otherwise lawful activity engaged 

in by one or more persons, including the filing or maintaining 

of a nonfrivolous legal action, that is engaged in solely for the 

purpose of achieving or preventing action by a Government official 

or entity, or a court of competent jurisdiction. 


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129 STAT. 2888 PUBLIC LAW 114–113—DEC. 18, 2015 

SEC. 203. Sections 203 and 209 of division C of Public Law 

112–55 (125 Stat. 693–694) shall apply during fiscal year 2016 

as if such sections were included in this title, except that during 

such fiscal year such sections shall be applied by substituting 

‘‘fiscal year 2016’’ for ‘‘fiscal year 2011’’ and for ‘‘fiscal year 2012’’ 

each place such terms appear, and shall be amended to reflect 

revised delineations of statistical areas established by the Office 

of Management and Budget pursuant to 44 U.S.C. 3504(e)(3), 31 

U.S.C. 1104(d), and Executive Order No. 10253. 

SEC. 204. Except as explicitly provided in law, any grant, 

cooperative agreement or other assistance made pursuant to title 

II of this Act shall be made on a competitive basis and in accordance 

with section 102 of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545). 

SEC. 205. Funds of the Department of Housing and Urban 

Development subject to the Government Corporation Control Act 

or section 402 of the Housing Act of 1950 shall be available, without 

regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment 

for services and facilities of the Federal National Mortgage Association, Government National Mortgage Association, Federal Home 

Loan Mortgage Corporation, Federal Financing Bank, Federal 

Reserve banks or any member thereof, Federal Home Loan banks, 

and any insured bank within the meaning of the Federal Deposit 

Insurance Corporation Act, as amended (12 U.S.C. 1811–1). 

SEC. 206. Unless otherwise provided for in this Act or through 

a reprogramming of funds, no part of any appropriation for the 

Department of Housing and Urban Development shall be available 

for any program, project or activity in excess of amounts set forth 

in the budget estimates submitted to Congress. 

SEC. 207. Corporations and agencies of the Department of 

Housing and Urban Development which are subject to the Government Corporation Control Act are hereby authorized to make such 

expenditures, within the limits of funds and borrowing authority 

available to each such corporation or agency and in accordance 

with law, and to make such contracts and commitments without 

regard to fiscal year limitations as provided by section 104 of 

such Act as may be necessary in carrying out the programs set 

forth in the budget for 2016 for such corporation or agency except 

as hereinafter provided: Provided, That collections of these corporations and agencies may be used for new loan or mortgage purchase 

commitments only to the extent expressly provided for in this 

Act (unless such loans are in support of other forms of assistance 

provided for in this or prior appropriations Acts), except that this 

proviso shall not apply to the mortgage insurance or guaranty 

operations of these corporations, or where loans or mortgage purchases are necessary to protect the financial interest of the United 

States Government. 

SEC. 208. The Secretary of Housing and Urban Development 

shall provide quarterly reports to the House and Senate Committees 

on Appropriations regarding all uncommitted, unobligated, recaptured and excess funds in each program and activity within the 

jurisdiction of the Department and shall submit additional, updated 

budget information to these Committees upon request. 

SEC. 209. The President’s formal budget request for fiscal year 

2017, as well as the Department of Housing and Urban Development’s congressional budget justifications to be submitted to the 


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Committees on Appropriations of the House of Representatives and 

the Senate, shall use the identical account and sub-account structure provided under this Act. 

SEC. 210. A public housing agency or such other entity that 

administers Federal housing assistance for the Housing Authority 

of the county of Los Angeles, California, and the States of Alaska, 

Iowa, and Mississippi shall not be required to include a resident 

of public housing or a recipient of assistance provided under section 

8 of the United States Housing Act of 1937 on the board of directors 

or a similar governing board of such agency or entity as required 

under section (2)(b) of such Act. Each public housing agency or 

other entity that administers Federal housing assistance under 

section 8 for the Housing Authority of the county of Los Angeles, 

California and the States of Alaska, Iowa and Mississippi that 

chooses not to include a resident of public housing or a recipient 

of section 8 assistance on the board of directors or a similar governing board shall establish an advisory board of not less than 

six residents of public housing or recipients of section 8 assistance 

to provide advice and comment to the public housing agency or 

other administering entity on issues related to public housing and 

section 8. Such advisory board shall meet not less than quarterly. 

SEC. 211. No funds provided under this title may be used 

for an audit of the Government National Mortgage Association 

that makes applicable requirements under the Federal Credit 

Reform Act of 1990 (2 U.S.C. 661 et seq.). 

SEC. 212. (a) Notwithstanding any other provision of law, subject to the conditions listed under this section, for fiscal years 

2016 and 2017, the Secretary of Housing and Urban Development 

may authorize the transfer of some or all project-based assistance, 

debt held or insured by the Secretary and statutorily required 

low-income and very low-income use restrictions if any, associated 

with one or more multifamily housing project or projects to another 

multifamily housing project or projects. 

(b) PHASED TRANSFERS.—Transfers of project-based assistance 

under this section may be done in phases to accommodate the 

financing and other requirements related to rehabilitating or constructing the project or projects to which the assistance is transferred, to ensure that such project or projects meet the standards 

under subsection (c). 

(c) The transfer authorized in subsection (a) is subject to the 

following conditions: 

(1) NUMBER AND BEDROOM SIZE OF UNITS.— 

(A) For occupied units in the transferring project: The 

number of low-income and very low-income units and the 

configuration (i.e., bedroom size) provided by the transferring project shall be no less than when transferred to 

the receiving project or projects and the net dollar amount 

of Federal assistance provided to the transferring project 

shall remain the same in the receiving project or projects. 

(B) For unoccupied units in the transferring project: 

The Secretary may authorize a reduction in the number 

of dwelling units in the receiving project or projects to 

allow for a reconfiguration of bedroom sizes to meet current 

market demands, as determined by the Secretary and provided there is no increase in the project-based assistance 

budget authority. 


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(2) The transferring project shall, as determined by the 

Secretary, be either physically obsolete or economically nonviable. 

(3) The receiving project or projects shall meet or exceed 

applicable physical standards established by the Secretary. 

(4) The owner or mortgagor of the transferring project 

shall notify and consult with the tenants residing in the 

transferring project and provide a certification of approval by 

all appropriate local governmental officials. 

(5) The tenants of the transferring project who remain 

eligible for assistance to be provided by the receiving project 

or projects shall not be required to vacate their units in the 

transferring project or projects until new units in the receiving 

project are available for occupancy. 

(6) The Secretary determines that this transfer is in the 

best interest of the tenants. 

(7) If either the transferring project or the receiving project 

or projects meets the condition specified in subsection (d)(2)(A), 

any lien on the receiving project resulting from additional 

financing obtained by the owner shall be subordinate to any 

FHA-insured mortgage lien transferred to, or placed on, such 

project by the Secretary, except that the Secretary may waive 

this requirement upon determination that such a waiver is 

necessary to facilitate the financing of acquisition, construction, 

and/or rehabilitation of the receiving project or projects. 

(8) If the transferring project meets the requirements of 

subsection (d)(2), the owner or mortgagor of the receiving 

project or projects shall execute and record either a continuation 

of the existing use agreement or a new use agreement for 

the project where, in either case, any use restrictions in such 

agreement are of no lesser duration than the existing use 

restrictions. 

(9) The transfer does not increase the cost (as defined 

in section 502 of the Congressional Budget Act of 1974, as 

amended) of any FHA-insured mortgage, except to the extent 

that appropriations are provided in advance for the amount 

of any such increased cost. 

(d) For purposes of this section— 

(1) the terms ‘‘low-income’’ and ‘‘very low-income’’ shall 

have the meanings provided by the statute and/or regulations 

governing the program under which the project is insured or 

assisted; 

(2) the term ‘‘multifamily housing project’’ means housing 

that meets one of the following conditions— 

(A) housing that is subject to a mortgage insured under 

the National Housing Act; 

(B) housing that has project-based assistance attached 

to the structure including projects undergoing mark to 

market debt restructuring under the Multifamily Assisted 

Housing Reform and Affordability Housing Act; 

(C) housing that is assisted under section 202 of the 

Housing Act of 1959, as amended by section 801 of the 

Cranston-Gonzales National Affordable Housing Act; 

(D) housing that is assisted under section 202 of the 

Housing Act of 1959, as such section existed before the 

enactment of the Cranston-Gonzales National Affordable 

Housing Act; 


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(E) housing that is assisted under section 811 of the 

Cranston-Gonzales National Affordable Housing Act; or 

(F) housing or vacant land that is subject to a use 

agreement; 

(3) the term ‘‘project-based assistance’’ means— 

(A) assistance provided under section 8(b) of the United 

States Housing Act of 1937; 

(B) assistance for housing constructed or substantially 

rehabilitated pursuant to assistance provided under section 

8(b)(2) of such Act (as such section existed immediately 

before October 1, 1983); 

(C) rent supplement payments under section 101 of 

the Housing and Urban Development Act of 1965; 

(D) interest reduction payments under section 236 and/ 

or additional assistance payments under section 236(f)(2) 

of the National Housing Act; 

(E) assistance payments made under section 202(c)(2) 

of the Housing Act of 1959; and 

(F) assistance payments made under section 811(d)(2) 

of the Cranston-Gonzalez National Affordable Housing Act; 

(4) the term ‘‘receiving project or projects’’ means the multifamily housing project or projects to which some or all of 

the project-based assistance, debt, and statutorily required lowincome and very low-income use restrictions are to be transferred; 

(5) the term ‘‘transferring project’’ means the multifamily 

housing project which is transferring some or all of the projectbased assistance, debt, and the statutorily required low-income 

and very low-income use restrictions to the receiving project 

or projects; and 

(6) the term ‘‘Secretary’’ means the Secretary of Housing 

and Urban Development. 

(e) PUBLIC NOTICE AND RESEARCH REPORT.— 

(1) The Secretary shall publish by notice in the Federal 

Register the terms and conditions, including criteria for HUD 

approval, of transfers pursuant to this section no later than 

30 days before the effective date of such notice. 

(2) The Secretary shall conduct an evaluation of the 

transfer authority under this section, including the effect of 

such transfers on the operational efficiency, contract rents, 

physical and financial conditions, and long-term preservation 

of the affected properties. 

SEC. 213. (a) No assistance shall be provided under section 

8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) 

to any individual who— 

(1) is enrolled as a student at an institution of higher 

education (as defined under section 102 of the Higher Education 

Act of 1965 (20 U.S.C. 1002)); 

(2) is under 24 years of age; 

(3) is not a veteran; 

(4) is unmarried; 

(5) does not have a dependent child; 

(6) is not a person with disabilities, as such term is defined 

in section 3(b)(3)(E) of the United States Housing Act of 1937 

(42 U.S.C. 1437a(b)(3)(E)) and was not receiving assistance 

under such section 8 as of November 30, 2005; and 


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129 STAT. 2892 PUBLIC LAW 114–113—DEC. 18, 2015 

(7) is not otherwise individually eligible, or has parents 

who, individually or jointly, are not eligible, to receive assistance under section 8 of the United States Housing Act of 

1937 (42 U.S.C. 1437f). 

(b) For purposes of determining the eligibility of a person 

to receive assistance under section 8 of the United States Housing 

Act of 1937 (42 U.S.C. 1437f), any financial assistance (in excess 

of amounts received for tuition and any other required fees and 

charges) that an individual receives under the Higher Education 

Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or 

an institution of higher education (as defined under the Higher 

Education Act of 1965 (20 U.S.C. 1002)), shall be considered income 

to that individual, except for a person over the age of 23 with 

dependent children. 

SEC. 214. The funds made available for Native Alaskans under 

the heading ‘‘Native American Housing Block Grants’’ in title II 

of this Act shall be allocated to the same Native Alaskan housing 

block grant recipients that received funds in fiscal year 2005. 

SEC. 215. Notwithstanding the limitation in the first sentence 

of section 255(g) of the National Housing Act (12 U.S.C. 1715z– 

20(g)), the Secretary of Housing and Urban Development may, 

until September 30, 2016, insure and enter into commitments to 

insure mortgages under such section 255. 

SEC. 216. Notwithstanding any other provision of law, in fiscal 

year 2016, in managing and disposing of any multifamily property 

that is owned or has a mortgage held by the Secretary of Housing 

and Urban Development, and during the process of foreclosure 

on any property with a contract for rental assistance payments 

under section 8 of the United States Housing Act of 1937 or other 

Federal programs, the Secretary shall maintain any rental assistance payments under section 8 of the United States Housing Act 

of 1937 and other programs that are attached to any dwelling 

units in the property. To the extent the Secretary determines, 

in consultation with the tenants and the local government, that 

such a multifamily property owned or held by the Secretary is 

not feasible for continued rental assistance payments under such 

section 8 or other programs, based on consideration of (1) the 

costs of rehabilitating and operating the property and all available 

Federal, State, and local resources, including rent adjustments 

under section 524 of the Multifamily Assisted Housing Reform 

and Affordability Act of 1997 (‘‘MAHRAA’’) and (2) environmental 

conditions that cannot be remedied in a cost-effective fashion, the 

Secretary may, in consultation with the tenants of that property, 

contract for project-based rental assistance payments with an owner 

or owners of other existing housing properties, or provide other 

rental assistance. The Secretary shall also take appropriate steps 

to ensure that project-based contracts remain in effect prior to 

foreclosure, subject to the exercise of contractual abatement remedies to assist relocation of tenants for imminent major threats 

to health and safety after written notice to and informed consent 

of the affected tenants and use of other available remedies, such 

as partial abatements or receivership. After disposition of any multifamily property described under this section, the contract and allowable rent levels on such properties shall be subject to the requirements under section 524 of MAHRAA. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2893 

SEC. 217. The commitment authority funded by fees as provided 

under the heading ‘‘Community Development Loan Guarantees Program Account’’ may be used to guarantee, or make commitments 

to guarantee, notes, or other obligations issued by any State on 

behalf of non-entitlement communities in the State in accordance 

with the requirements of section 108 of the Housing and Community 

Development Act of 1974: Provided, That any State receiving such 

a guarantee or commitment shall distribute all funds subject to 

such guarantee to the units of general local government in nonentitlement areas that received the commitment. 

SEC. 218. Public housing agencies that own and operate 400 

or fewer public housing units may elect to be exempt from any 

asset management requirement imposed by the Secretary of 

Housing and Urban Development in connection with the operating 

fund rule: Provided, That an agency seeking a discontinuance of 

a reduction of subsidy under the operating fund formula shall 

not be exempt from asset management requirements. 

SEC. 219. With respect to the use of amounts provided in 

this Act and in future Acts for the operation, capital improvement 

and management of public housing as authorized by sections 9(d) 

and 9(e) of the United States Housing Act of 1937 (42 U.S.C. 

1437g(d) and (e)), the Secretary shall not impose any requirement 

or guideline relating to asset management that restricts or limits 

in any way the use of capital funds for central office costs pursuant 

to section 9(g)(1) or 9(g)(2) of the United States Housing Act of 

1937 (42 U.S.C. 1437g(g)(1), (2)): Provided, That a public housing 

agency may not use capital funds authorized under section 9(d) 

for activities that are eligible under section 9(e) for assistance 

with amounts from the operating fund in excess of the amounts 

permitted under section 9(g)(1) or 9(g)(2). 

SEC. 220. No official or employee of the Department of Housing 

and Urban Development shall be designated as an allotment holder 

unless the Office of the Chief Financial Officer has determined 

that such allotment holder has implemented an adequate system 

of funds control and has received training in funds control procedures and directives. The Chief Financial Officer shall ensure that 

there is a trained allotment holder for each HUD sub-office under 

the accounts ‘‘Executive Offices’’ and ‘‘Administrative Support 

Offices,’’ as well as each account receiving appropriations for ‘‘Program Office Salaries and Expenses’’, ‘‘Government National Mortgage Association—Guarantees of Mortgage-Backed Securities Loan 

Guarantee Program Account’’, and ‘‘Office of Inspector General’’ 

within the Department of Housing and Urban Development. 

SEC. 221. The Secretary of the Department of Housing and 

Urban Development shall, for fiscal year 2016, notify the public 

through the Federal Register and other means, as determined 

appropriate, of the issuance of a notice of the availability of assistance or notice of funding availability (NOFA) for any program 

or discretionary fund administered by the Secretary that is to 

be competitively awarded. Notwithstanding any other provision of 

law, for fiscal year 2016, the Secretary may make the NOFA available only on the Internet at the appropriate Government web site 

or through other electronic media, as determined by the Secretary. 

SEC. 222. Payment of attorney fees in program-related litigation 

shall be paid from the individual program office and Office of 

General Counsel salaries and expenses appropriations. The annual 

budget submission for the program offices and the Office of General 

42 USC 3545a 

note. 

42 USC 1437g 

note. 


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129 STAT. 2894 PUBLIC LAW 114–113—DEC. 18, 2015 

Counsel shall include any such projected litigation costs for attorney 

fees as a separate line item request. No funds provided in this 

title may be used to pay any such litigation costs for attorney 

fees until the Department submits for review a spending plan 

for such costs to the House and Senate Committees on Appropriations. 

SEC. 223. The Secretary is authorized to transfer up to 10 percent or $4,000,000, whichever is less, of funds appropriated 

for any office under the heading ‘‘Administrative Support Offices’’ 

or for any account under the general heading ‘‘Program Office 

Salaries and Expenses’’ to any other such office or account: Provided, That no appropriation for any such office or account shall be increased or decreased by more than 10 percent or $4,000,000, 

whichever is less, without prior written approval of the House 

and Senate Committees on Appropriations: Provided further, That 

the Secretary shall provide notification to such Committees three 

business days in advance of any such transfers under this section 

up to 10 percent or $4,000,000, whichever is less. 

SEC. 224. The Disaster Housing Assistance Programs, administered by the Department of Housing and Urban Development, shall 

be considered a ‘‘program of the Department of Housing and Urban 

Development’’ under section 904 of the McKinney Act for the purpose of income verifications and matching. 

SEC. 225. (a) The Secretary of Housing and Urban Development 

shall take the required actions under subsection (b) when a multifamily housing project with a section 8 contract or contract for 

similar project-based assistance: 

(1) receives a Real Estate Assessment Center (REAC) score 

of 30 or less; or 

(2) receives a REAC score between 31 and 59 and: 

(A) fails to certify in writing to HUD within 60 days 

that all deficiencies have been corrected; or 

(B) receives consecutive scores of less than 60 on REAC 

inspections. 

Such requirements shall apply to insured and noninsured projects 

with assistance attached to the units under section 8 of the United 

States Housing Act of 1937 (42 U.S.C. 1437f), but do not apply 

to such units assisted under section 8(o)(13) (42 U.S.C. 1437f(o)(13)) 

or to public housing units assisted with capital or operating funds 

under section 9 of the United States Housing Act of 1937 (42 

U.S.C. 1437g). 

(b) The Secretary shall take the following required actions 

as authorized under subsection (a): 

(1) The Secretary shall notify the owner and provide an 

opportunity for response within 30 days. If the violations 

remain, the Secretary shall develop a Compliance, Disposition 

and Enforcement Plan within 60 days, with a specified timetable for correcting all deficiencies. The Secretary shall provide 

notice of the Plan to the owner, tenants, the local government, 

any mortgagees, and any contract administrator. 

(2) At the end of the term of the Compliance, Disposition 

and Enforcement Plan, if the owner fails to fully comply with 

such plan, the Secretary may require immediate replacement 

of project management with a management agent approved 

by the Secretary, and shall take one or more of the following 

actions, and provide additional notice of those actions to the 

owner and the parties specified above: 


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(A) impose civil money penalties; 

(B) abate the section 8 contract, including partial 

abatement, as determined by the Secretary, until all deficiencies have been corrected; 

(C) pursue transfer of the project to an owner, approved 

by the Secretary under established procedures, which will 

be obligated to promptly make all required repairs and 

to accept renewal of the assistance contract as long as 

such renewal is offered; or 

(D) seek judicial appointment of a receiver to manage 

the property and cure all project deficiencies or seek a 

judicial order of specific performance requiring the owner 

to cure all project deficiencies. 

(c) The Secretary shall also take appropriate steps to ensure 

that project-based contracts remain in effect, subject to the exercise 

of contractual abatement remedies to assist relocation of tenants 

for imminent major threats to health and safety after written 

notice to and informed consent of the affected tenants and use 

of other remedies set forth above. To the extent the Secretary 

determines, in consultation with the tenants and the local government, that the property is not feasible for continued rental assistance payments under such section 8 or other programs, based 

on consideration of (1) the costs of rehabilitating and operating 

the property and all available Federal, State, and local resources, 

including rent adjustments under section 524 of the Multifamily 

Assisted Housing Reform and Affordability Act of 1997 (‘‘MAHRAA’’) 

and (2) environmental conditions that cannot be remedied in a 

cost-effective fashion, the Secretary may, in consultation with the 

tenants of that property, contract for project-based rental assistance 

payments with an owner or owners of other existing housing properties, or provide other rental assistance. The Secretary shall report 

semi-annually on all properties covered by this section that are 

assessed through the Real Estate Assessment Center and have 

physical inspection scores of less than 30 or have consecutive physical inspection scores of less than 60. The report shall include: 

(1) The enforcement actions being taken to address such 

conditions, including imposition of civil money penalties and 

termination of subsidies, and identify properties that have such 

conditions multiple times; and 

(2) Actions that the Department of Housing and Urban 

Development is taking to protect tenants of such identified 

properties. 

SEC. 226. None of the funds made available by this Act, or 

any other Act, for purposes authorized under section 8 (only with 

respect to the tenant-based rental assistance program) and section 

9 of the United States Housing Act of 1937 (42 U.S.C. 1437 et 

seq.), may be used by any public housing agency for any amount 

of salary, including bonuses, for the chief executive officer of which, 

or any other official or employee of which, that exceeds the annual 

rate of basic pay payable for a position at level IV of the Executive 

Schedule at any time during any public housing agency fiscal year 

2016. 

SEC. 227. None of the funds in this Act may be available 

for the doctoral dissertation research grant program at the Department of Housing and Urban Development. 

SEC. 228. Section 24 of the United States Housing Act of 

1937 (42 U.S.C. 1437v) is amended— 


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129 STAT. 2896 PUBLIC LAW 114–113—DEC. 18, 2015 

(1) in subsection (m)(1), by striking ‘‘fiscal year’’ and all 

that follows through the period at the end and inserting ‘‘fiscal 

year 2016.’’; and 

(2) in subsection (o), by striking ‘‘September’’ and all that 

follows through the period at the end and inserting ‘‘September 

30, 2016.’’. 

SEC. 229. None of the funds in this Act provided to the Department of Housing and Urban Development may be used to make 

a grant award unless the Secretary notifies the House and Senate 

Committees on Appropriations not less than 3 full business days 

before any project, State, locality, housing authority, tribe, nonprofit 

organization, or other entity selected to receive a grant award 

is announced by the Department or its offices. 

SEC. 230. None of the funds made available by this Act may 

be used to require or enforce the Physical Needs Assessment (PNA). 

SEC. 231. None of the funds made available by this Act nor 

any receipts or amounts collected under any Federal Housing 

Administration program may be used to implement the Homeowners Armed with Knowledge (HAWK) program. 

SEC. 232. None of the funds made available in this Act shall 

be used by the Federal Housing Administration, the Government 

National Mortgage Administration, or the Department of Housing 

and Urban Development to insure, securitize, or establish a Federal 

guarantee of any mortgage or mortgage backed security that 

refinances or otherwise replaces a mortgage that has been subject 

to eminent domain condemnation or seizure, by a State, municipality, or any other political subdivision of a State. 

SEC. 233. None of the funds made available by this Act may 

be used to terminate the status of a unit of general local government 

as a metropolitan city (as defined in section 102 of the Housing 

and Community Development Act of 1974 (42 U.S.C. 5302)) with 

respect to grants under section 106 of such Act (42 U.S.C. 5306). 

SEC. 234. Amounts made available under this Act which are 

either appropriated, allocated, advanced on a reimbursable basis, 

or transferred to the Office of Policy Development and Research 

in the Department of Housing and Urban Development and functions thereof, for research, evaluation, or statistical purposes, and 

which are unexpended at the time of completion of a contract, 

grant, or cooperative agreement, may be deobligated and shall 

immediately become available and may be reobligated in that fiscal 

year or the subsequent fiscal year for the research, evaluation, 

or statistical purposes for which the amounts are made available 

to that Office subject to reprogramming requirements in section 

405 of this Act. 

SEC. 235. Subsection (b) of section 225 of the Cranston-Gonzalez 

National Affordable Housing Act (42 U.S.C. 12755) is amended 

by adding at the end the following new sentence: ‘‘Such 30-day 

waiting period is not required if the grounds for the termination 

or refusal to renew involve a direct threat to the safety of the 

tenants or employees of the housing, or an imminent and serious 

threat to the property (and the termination or refusal to renew 

is in accordance with the requirements of State or local law).’’. 

SEC. 236. None of the funds under this title may be used 

for awards, including performance, special act, or spot, for any 

employee of the Department of Housing and Urban Development 

who is subject to administrative discipline in fiscal year 2016, 

including suspension from work. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2897 

SEC. 237. The language under the heading ‘‘Rental Assistance 

Demonstration’’ in the Department of Housing and Urban Development Appropriations Act, 2012 (Public Law 112–55) is amended: 

(1) In proviso eighteen, by inserting ‘‘for fiscal year 2012 

and hereafter,’’ after ‘‘Provided further, That’’; and 

(2) In proviso nineteen, by striking ‘‘, which may extend 

beyond fiscal year 2016 as necessary to allow processing of 

all timely applications,’’. 

SEC. 238. Section 526 (12 U.S.C. 1735f–4) of the National 

Housing Act is amended by inserting at the end of subsection 

(b): 

‘‘(c) The Secretary may establish an exception to any minimum 

property standard established under this section in order to address 

alternative water systems, including cisterns, which meet requirements of State and local building codes that ensure health and 

safety standards.’’. 

SEC. 239. The Secretary of Housing and Urban Development 

shall increase, pursuant to this section, the number of Moving 

to Work agencies authorized under section 204, title II, of the 

Departments of Veterans Affairs and Housing and Urban Development and Independent Agencies Appropriations Act, 1996 (Public 

Law 104–134; 110 Stat. 1321) by adding to the program 100 public 

housing agencies that are designated as high performing agencies 

under the Public Housing Assessment System (PHAS) or the Section 

Eight Management Assessment Program (SEMAP). No public 

housing agency shall be granted this designation through this section that administers in excess of 27,000 aggregate housing vouchers 

and public housing units. Of the agencies selected under this section, no less than 50 shall administer 1,000 or fewer aggregate 

housing voucher and public housing units, no less than 47 shall 

administer 1,001-6,000 aggregate housing voucher and public 

housing units, and no more than 3 shall administer 6,001–27,000 

aggregate housing voucher and public housing units. Of the 100 

agencies selected under this section, five shall be agencies with 

portfolio awards under the Rental Assistance Demonstration that 

meet the other requirements of this section, including current designations as high performing agencies or such designations held 

immediately prior to such portfolio awards. Selection of agencies 

under this section shall be based on ensuring the geographic diversity of Moving to Work agencies. In addition to the preceding 

selection criteria, agencies shall be designated by the Secretary 

over a 7-year period. The Secretary shall establish a research 

advisory committee which shall advise the Secretary with respect 

to specific policy proposals and methods of research and evaluation 

for the demonstration. The advisory committee shall include program and research experts from the Department, a fair representation of agencies with a Moving to Work designation, and independent subject matter experts in housing policy research. For 

each cohort of agencies receiving a designation under this heading, 

the Secretary shall direct one specific policy change to be implemented by the agencies, and with the approval of the Secretary, 

such agencies may implement additional policy changes. All agencies designated under this section shall be evaluated through rigorous research as determined by the Secretary, and shall provide 

information requested by the Secretary to support such oversight 

and evaluation, including the targeted policy changes. Research 

and evaluation shall be coordinated under the direction of the 

42 USC 1437f 

note. 

42 USC 1437f 

note. 


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129 STAT. 2898 PUBLIC LAW 114–113—DEC. 18, 2015 

Secretary, and in consultation with the advisory committee, and 

findings shall be shared broadly. The Secretary shall consult the 

advisory committee with respect to policy changes that have proven 

successful and can be applied more broadly to all public housing 

agencies, and propose any necessary statutory changes. The Secretary may, at the request of a Moving to Work agency and one 

or more adjacent public housing agencies in the same area, designate that Moving to Work agency as a regional agency. A regional 

Moving to Work agency may administer the assistance under sections 8 and 9 of the United States Housing Act of 1937 (42 U.S.C. 

1437f and g) for the participating agencies within its region pursuant to the terms of its Moving to Work agreement with the Secretary. The Secretary may agree to extend the term of the agreement and to make any necessary changes to accommodate regionalization. A Moving to Work agency may be selected as a regional 

agency if the Secretary determines that unified administration of 

assistance under sections 8 and 9 by that agency across multiple 

jurisdictions will lead to efficiencies and to greater housing choice 

for low-income persons in the region. For purposes of this expansion, 

in addition to the provisions of the Act retained in section 204, 

section 8(r)(1) of the Act shall continue to apply unless the Secretary 

determines that waiver of this section is necessary to implement 

comprehensive rent reform and occupancy policies subject to evaluation by the Secretary, and the waiver contains, at a minimum, 

exceptions for requests to port due to employment, education, health 

and safety. No public housing agency granted this designation 

through this section shall receive more funding under sections 

8 or 9 of the United States Housing Act of 1937 than it otherwise 

would have received absent this designation. The Secretary shall 

extend the current Moving to Work agreements of previously designated participating agencies until the end of each such agency’s 

fiscal year 2028 under the same terms and conditions of such 

current agreements, except for any changes to such terms or conditions otherwise mutually agreed upon by the Secretary and any 

such agency and such extension agreements shall prohibit any 

statutory offset of any reserve balances equal to 4 months of operating expenses. Any such reserve balances that exceed such amount 

shall remain available to any such agency for all permissible purposes under such agreement unless subject to a statutory offset. 

In addition to other reporting requirements, all Moving to Work 

agencies shall report financial data to the Department of Housing 

and Urban Development as specified by the Secretary, so that 

the effect of Moving to Work policy changes can be measured. 

SEC. 240. (a) AUTHORITY.—Subject to the conditions in subsection (d), the Secretary of Housing and Urban Development may 

authorize, in response to requests received in fiscal years 2016 

through 2020, the transfer of some or all project-based assistance, 

tenant-based assistance, capital advances, debt, and statutorily 

required use restrictions from housing assisted under section 811 

of the Cranston-Gonzalez National Affordable Housing Act (42 

U.S.C. 8013) to other new or existing housing, which may include 

projects, units, and other types of housing, as permitted by the 

Secretary. 

(b) CAPITAL ADVANCES.—Interest shall not be due and repayment of a capital advance shall not be triggered by a transfer 

pursuant to this section. 

(c) PHASED AND PROPORTIONAL TRANSFERS.— 


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(1) Transfers under this section may be done in phases 

to accommodate the financing and other requirements related 

to rehabilitating or constructing the housing to which the assistance is transferred, to ensure that such housing meets the 

conditions under subsection (d). 

(2) The capital advance repayment requirements, use 

restrictions, rental assistance, and debt shall transfer proportionally from the transferring housing to the receiving housing. 

(d) CONDITIONS.—The transfers authorized by this section shall 

be subject to the following conditions: 

(1) the owner of the transferring housing shall demonstrate 

that the transfer is in compliance with applicable Federal, 

State, and local requirements regarding Housing for Persons 

with Disabilities and shall provide the Secretary with evidence 

of obtaining any approvals related to housing disabled persons 

that are necessary under Federal, State, and local government 

requirements; 

(2) the owner of the transferring housing shall demonstrate 

to the Secretary that any transfer is in the best interest of 

the disabled residents by offering opportunities for increased 

integration or less concentration of individuals with disabilities; 

(3) the owner of the transferring housing shall continue 

to provide the same number of units as approved for rental 

assistance by the Secretary in the receiving housing; 

(4) the owner of the transferring housing shall consult 

with the disabled residents in the transferring housing about 

any proposed transfer under this section and shall notify the 

residents of the transferring housing who are eligible for assistance to be provided in the receiving housing that they shall 

not be required to vacate the transferring housing until the 

receiving housing is available for occupancy; 

(5) the receiving housing shall meet or exceed applicable 

physical standards established or adopted by the Secretary; 

and 

(6) if the receiving housing has a mortgage insured under 

title II of the National Housing Act, any lien on the receiving 

housing resulting from additional financing shall be subordinate 

to any federally insured mortgage lien transferred to, or placed 

on, such housing, except that the Secretary may waive this 

requirement upon determination that such a waiver is necessary to facilitate the financing of acquisition, construction, 

or rehabilitation of the receiving housing. 

(e) PUBLIC NOTICE.—The Secretary shall publish a notice in 

the Federal Register of the terms and conditions, including criteria 

for the Department’s approval of transfers pursuant to this section 

no later than 30 days before the effective date of such notice. 

SEC. 241. (a) Of the unobligated balances, including recaptures 

and carryover, remaining from funds appropriated to the Department of Housing and Urban Development under the heading ‘‘General and Special Risk Program Account’’, and for the cost of guaranteed notes and other obligations under the heading ‘‘Native American Housing Block Grants’’, $12,000,000 is hereby permanently 

rescinded. 

(b) All unobligated balances, including recaptures and carryover, remaining from funds appropriated to the Department of 

Housing and Urban Development under the headings ‘‘Rural 

Housing and Economic Development’’, and ‘‘Homeownership and 


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Opportunity for People Everywhere Grants’’ are hereby permanently 

rescinded. 

SEC. 242. Funds made available in this title under the heading 

‘‘Homeless Assistance Grants’’ may be used by the Secretary to 

participate in Performance Partnership Pilots authorized in an 

appropriations Act for fiscal year 2016 as initially authorized under 

section 526 of division H of Public Law 113–76 and extended under 

section 524 of division G of Public Law 113–235: Provided, That 

such participation shall be limited to no more than 10 continuums 

of care and housing activities to improve outcomes for disconnected 

youth. 

SEC. 243. With respect to grant amounts awarded under the 

heading ‘‘Homeless Assistance Grants’’ for fiscal years 2015 and 

2016 for the Continuum of Care (CoC) program as authorized 

under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act, costs paid by program income of grant recipients may 

count toward meeting the recipient’s matching requirements, provided the costs are eligible CoC costs that supplement the recipients 

CoC program. 

SEC. 244. With respect to funds appropriated under the 

‘‘Community Development Fund’’ heading for formula allocation 

to states pursuant to 42 U.S.C. 5306(d), the Secretary shall permit 

a jurisdiction to demonstrate compliance with 42 U.S.C. 

5305(c)(2)(A) if it had been designated as majority low- and moderate-income pursuant to data from the 2000 decennial Census 

and it continues to have economic distress as evidenced by inclusion 

in a designated Rural Promise Zone or Distressed County as defined 

by the Appalachian Regional Commission. This section shall apply 

to any such state funds appropriated under such heading under 

this Act, in each fiscal year from 2017 through 2020, and under 

prior appropriation Acts (with respect to any such allocated but 

uncommitted funds available to any such state). 

This title may be cited as the ‘‘Department of Housing and 

Urban Development Appropriations Act, 2016’’. 

TITLE III 

RELATED AGENCIES 

ACCESS BOARD

SALARIES AND EXPENSES

For expenses necessary for the Access Board, as authorized 

by section 502 of the Rehabilitation Act of 1973, as amended, 

$8,023,000: Provided, That, notwithstanding any other provision 

of law, there may be credited to this appropriation funds received 

for publications and training expenses. 

FEDERAL MARITIME COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Maritime Commission 

as authorized by section 201(d) of the Merchant Marine Act, 1936, 

as amended (46 U.S.C. 307), including services as authorized by 

5 U.S.C. 3109; hire of passenger motor vehicles as authorized by 


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31 U.S.C. 1343(b); and uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–5902, $25,660,000: Provided, That not to 

exceed $2,000 shall be available for official reception and representation expenses. 

NATIONAL RAILROAD PASSENGER CORPORATION

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General for 

the National Railroad Passenger Corporation to carry out the provisions of the Inspector General Act of 1978, as amended, $24,499,000: 

Provided, That the Inspector General shall have all necessary 

authority, in carrying out the duties specified in the Inspector 

General Act, as amended (5 U.S.C. App. 3), to investigate allegations 

of fraud, including false statements to the government (18 U.S.C. 

1001), by any person or entity that is subject to regulation by 

the National Railroad Passenger Corporation: Provided further, That the Inspector General may enter into contracts and other 

arrangements for audits, studies, analyses, and other services with 

public agencies and with private persons, subject to the applicable 

laws and regulations that govern the obtaining of such services 

within the National Railroad Passenger Corporation: Provided further, That the Inspector General may select, appoint, and employ 

such officers and employees as may be necessary for carrying out 

the functions, powers, and duties of the Office of Inspector General, 

subject to the applicable laws and regulations that govern such 

selections, appointments, and employment within the Corporation: 

Provided further, That concurrent with the President’s budget 

request for fiscal year 2017, the Inspector General shall submit 

to the House and Senate Committees on Appropriations a budget 

request for fiscal year 2017 in similar format and substance to 

those submitted by executive agencies of the Federal Government. 

NATIONAL TRANSPORTATION SAFETY BOARD

SALARIES AND EXPENSES

For necessary expenses of the National Transportation Safety 

Board, including hire of passenger motor vehicles and aircraft; 

services as authorized by 5 U.S.C. 3109, but at rates for individuals 

not to exceed the per diem rate equivalent to the rate for a GS– 

15; uniforms, or allowances therefor, as authorized by law (5 U.S.C. 

5901–5902), $105,170,000, of which not to exceed $2,000 may be 

used for official reception and representation expenses. The amounts 

made available to the National Transportation Safety Board in 

this Act include amounts necessary to make lease payments on 

an obligation incurred in fiscal year 2001 for a capital lease. 

NEIGHBORHOOD REINVESTMENT CORPORATION

PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION

For payment to the Neighborhood Reinvestment Corporation 

for use in neighborhood reinvestment activities, as authorized by 

the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101– 


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129 STAT. 2902 PUBLIC LAW 114–113—DEC. 18, 2015 

8107), $135,000,000, of which $5,000,000 shall be for a multi-family 

rental housing program: Provided, That in addition, $40,000,000 

shall be made available until expended to the Neighborhood 

Reinvestment Corporation for mortgage foreclosure mitigation 

activities, under the following terms and conditions: 

(1) The Neighborhood Reinvestment Corporation (NRC) 

shall make grants to counseling intermediaries approved by 

the Department of Housing and Urban Development (HUD) 

(with match to be determined by NRC based on affordability 

and the economic conditions of an area; a match also may 

be waived by NRC based on the aforementioned conditions) 

to provide mortgage foreclosure mitigation assistance primarily 

to States and areas with high rates of defaults and foreclosures 

to help eliminate the default and foreclosure of mortgages of 

owner-occupied single-family homes that are at risk of such 

foreclosure. Other than areas with high rates of defaults and 

foreclosures, grants may also be provided to approved counseling intermediaries based on a geographic analysis of the 

Nation by NRC which determines where there is a prevalence 

of mortgages that are risky and likely to fail, including any 

trends for mortgages that are likely to default and face foreclosure. A State Housing Finance Agency may also be eligible 

where the State Housing Finance Agency meets all the requirements under this paragraph. A HUD-approved counseling intermediary shall meet certain mortgage foreclosure mitigation 

assistance counseling requirements, as determined by NRC, 

and shall be approved by HUD or NRC as meeting these 

requirements. 

(2) Mortgage foreclosure mitigation assistance shall only 

be made available to homeowners of owner-occupied homes 

with mortgages in default or in danger of default. These mortgages shall likely be subject to a foreclosure action and homeowners will be provided such assistance that shall consist of 

activities that are likely to prevent foreclosures and result 

in the long-term affordability of the mortgage retained pursuant 

to such activity or another positive outcome for the homeowner. 

No funds made available under this paragraph may be provided 

directly to lenders or homeowners to discharge outstanding 

mortgage balances or for any other direct debt reduction payments. 

(3) The use of mortgage foreclosure mitigation assistance 

by approved counseling intermediaries and State Housing 

Finance Agencies shall involve a reasonable analysis of the 

borrower’s financial situation, an evaluation of the current 

value of the property that is subject to the mortgage, counseling 

regarding the assumption of the mortgage by another nonFederal party, counseling regarding the possible purchase of 

the mortgage by a non-Federal third party, counseling and 

advice of all likely restructuring and refinancing strategies 

or the approval of a work-out strategy by all interested parties. 

(4) NRC may provide up to 15 percent of the total funds 

under this paragraph to its own charter members with expertise 

in foreclosure prevention counseling, subject to a certification 

by NRC that the procedures for selection do not consist of 

any procedures or activities that could be construed as a conflict 

of interest or have the appearance of impropriety. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2903 

(5) HUD-approved counseling entities and State Housing 

Finance Agencies receiving funds under this paragraph shall 

have demonstrated experience in successfully working with 

financial institutions as well as borrowers facing default, delinquency and foreclosure as well as documented counseling 

capacity, outreach capacity, past successful performance and 

positive outcomes with documented counseling plans (including 

post mortgage foreclosure mitigation counseling), loan workout 

agreements and loan modification agreements. NRC may use 

other criteria to demonstrate capacity in underserved areas. 

(6) Of the total amount made available under this para- graph, up to $2,000,000 may be made available to build the 

mortgage foreclosure and default mitigation counseling capacity 

of counseling intermediaries through NRC training courses with 

HUD-approved counseling intermediaries and their partners, 

except that private financial institutions that participate in 

NRC training shall pay market rates for such training. 

(7) Of the total amount made available under this paragraph, up to 5 percent may be used for associated administrative expenses for NRC to carry out activities provided under 

this section. 

(8) Mortgage foreclosure mitigation assistance grants may 

include a budget for outreach and advertising, and training, 

as determined by NRC. 

(9) NRC shall continue to report bi-annually to the House 

and Senate Committees on Appropriations as well as the Senate 

Banking Committee and House Financial Services Committee 

on its efforts to mitigate mortgage default. 

UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS

OPERATING EXPENSES

For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference 

rooms, and the employment of experts and consultants under section 

3109 of title 5, United States Code) of the United States Interagency 

Council on Homelessness in carrying out the functions pursuant 

to title II of the McKinney-Vento Homeless Assistance Act, as 

amended, $3,530,000. 

TITLE IV 

GENERAL PROVISIONS—THIS ACT 

SEC. 401. None of the funds in this Act shall be used for 

the planning or execution of any program to pay the expenses 

of, or otherwise compensate, non-Federal parties intervening in 

regulatory or adjudicatory proceedings funded in this Act. 

SEC. 402. None of the funds appropriated in this Act shall 

remain available for obligation beyond the current fiscal year, nor 

may any be transferred to other appropriations, unless expressly 

so provided herein. 

SEC. 403. The expenditure of any appropriation under this 

Act for any consulting service through a procurement contract 

pursuant to section 3109 of title 5, United States Code, shall be 

limited to those contracts where such expenditures are a matter 

of public record and available for public inspection, except where 


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129 STAT. 2904 PUBLIC LAW 114–113—DEC. 18, 2015 

otherwise provided under existing law, or under existing Executive 

order issued pursuant to existing law. 

SEC. 404. (a) None of the funds made available in this Act 

may be obligated or expended for any employee training that— 

(1) does not meet identified needs for knowledge, skills, 

and abilities bearing directly upon the performance of official 

duties; 

(2) contains elements likely to induce high levels of emotional response or psychological stress in some participants; 

(3) does not require prior employee notification of the content and methods to be used in the training and written end 

of course evaluation; 

(4) contains any methods or content associated with religious or quasi-religious belief systems or ‘‘new age’’ belief systems as defined in Equal Employment Opportunity Commission 

Notice N–915.022, dated September 2, 1988; or 

(5) is offensive to, or designed to change, participants’ 

personal values or lifestyle outside the workplace. 

(b) Nothing in this section shall prohibit, restrict, or otherwise 

preclude an agency from conducting training bearing directly upon 

the performance of official duties. 

SEC. 405. Except as otherwise provided in this Act, none of 

the funds provided in this Act, provided by previous appropriations 

Acts to the agencies or entities funded in this Act that remain 

available for obligation or expenditure in fiscal year 2016, or provided from any accounts in the Treasury derived by the collection 

of fees and available to the agencies funded by this Act, shall 

be available for obligation or expenditure through a reprogramming 

of funds that— 

(1) creates a new program; 

(2) eliminates a program, project, or activity; 

(3) increases funds or personnel for any program, project, 

or activity for which funds have been denied or restricted 

by the Congress; 

(4) proposes to use funds directed for a specific activity 

by either the House or Senate Committees on Appropriations 

for a different purpose; 

(5) augments existing programs, projects, or activities in 

excess of $5,000,000 or 10 percent, whichever is less; 

(6) reduces existing programs, projects, or activities by 

$5,000,000 or 10 percent, whichever is less; or 

(7) creates, reorganizes, or restructures a branch, division, 

office, bureau, board, commission, agency, administration, or 

department different from the budget justifications submitted 

to the Committees on Appropriations or the table accompanying 

the explanatory statement accompanying this Act, whichever 

is more detailed, unless prior approval is received from the 

House and Senate Committees on Appropriations: Provided, 

That not later than 60 days after the date of enactment of 

this Act, each agency funded by this Act shall submit a report 

to the Committees on Appropriations of the Senate and of 

the House of Representatives to establish the baseline for 

application of reprogramming and transfer authorities for the 

current fiscal year: Provided further, That the report shall 

include— 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2905 

(A) a table for each appropriation with a separate 

column to display the prior year enacted level, the President’s budget request, adjustments made by Congress, 

adjustments due to enacted rescissions, if appropriate, and 

the fiscal year enacted level; 

(B) a delineation in the table for each appropriation 

and its respective prior year enacted level by object class 

and program, project, and activity as detailed in the budget 

appendix for the respective appropriation; and 

(C) an identification of items of special congressional 

interest. 

SEC. 406. Except as otherwise specifically provided by law, 

not to exceed 50 percent of unobligated balances remaining available 

at the end of fiscal year 2016 from appropriations made available 

for salaries and expenses for fiscal year 2016 in this Act, shall 

remain available through September 30, 2017, for each such account 

for the purposes authorized: Provided, That a request shall be 

submitted to the House and Senate Committees on Appropriations 

for approval prior to the expenditure of such funds: Provided further, That these requests shall be made in compliance with reprogramming guidelines under section 405 of this Act. 

SEC. 407. No funds in this Act may be used to support any 

Federal, State, or local projects that seek to use the power of 

eminent domain, unless eminent domain is employed only for a 

public use: Provided, That for purposes of this section, public use 

shall not be construed to include economic development that primarily benefits private entities: Provided further, That any use 

of funds for mass transit, railroad, airport, seaport or highway 

projects, as well as utility projects which benefit or serve the general 

public (including energy-related, communication-related, waterrelated and wastewater-related infrastructure), other structures 

designated for use by the general public or which have other 

common-carrier or public-utility functions that serve the general 

public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to 

public health and safety or brownfields as defined in the Small 

Business Liability Relief and Brownfields Revitalization Act (Public 

Law 107–118) shall be considered a public use for purposes of 

eminent domain. 

SEC. 408. None of the funds made available in this Act may 

be transferred to any department, agency, or instrumentality of 

the United States Government, except pursuant to a transfer made 

by, or transfer authority provided in, this Act or any other appropriations Act. 

SEC. 409. No part of any appropriation contained in this Act 

shall be available to pay the salary for any person filling a position, 

other than a temporary position, formerly held by an employee 

who has left to enter the Armed Forces of the United States and 

has satisfactorily completed his or her period of active military 

or naval service, and has within 90 days after his or her release 

from such service or from hospitalization continuing after discharge 

for a period of not more than 1 year, made application for restoration 

to his or her former position and has been certified by the Office 

of Personnel Management as still qualified to perform the duties 

of his or her former position and has not been restored thereto. 

SEC. 410. No funds appropriated pursuant to this Act may 

be expended by an entity unless the entity agrees that in expending 


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129 STAT. 2906 PUBLIC LAW 114–113—DEC. 18, 2015 

the assistance the entity will comply with sections 2 through 4 

of the Act of March 3, 1933 (41 U.S.C. 10a–10c, popularly known 

as the ‘‘Buy American Act’’). 

SEC. 411. No funds appropriated or otherwise made available 

under this Act shall be made available to any person or entity 

that has been convicted of violating the Buy American Act (41 

U.S.C. 10a–10c). 

SEC. 412. None of the funds made available in this Act may 

be used for first-class airline accommodations in contravention of 

sections 301–10.122 and 301–10.123 of title 41, Code of Federal 

Regulations. 

SEC. 413. (a) None of the funds made available by this Act 

may be used to approve a new foreign air carrier permit under 

sections 41301 through 41305 of title 49, United States Code, or 

exemption application under section 40109 of that title of an air 

carrier already holding an air operators certificate issued by a 

country that is party to the U.S.-E.U.-Iceland-Norway Air Transport 

Agreement where such approval would contravene United States 

law or Article 17 bis of the U.S.-E.U.-Iceland-Norway Air Transport 

Agreement. 

(b) Nothing in this section shall prohibit, restrict or otherwise 

preclude the Secretary of Transportation from granting a foreign 

air carrier permit or an exemption to such an air carrier where 

such authorization is consistent with the U.S.-E.U.-Iceland-Norway 

Air Transport Agreement and United States law. 

SEC. 414. None of the funds made available in this Act may 

be used to send or otherwise pay for the attendance of more than 

50 employees of a single agency or department of the United States 

Government, who are stationed in the United States, at any single 

international conference unless the relevant Secretary reports to 

the House and Senate Committees on Appropriations at least 5 

days in advance that such attendance is important to the national 

interest: Provided, That for purposes of this section the term ‘‘international conference’’ shall mean a conference occurring outside of 

the United States attended by representatives of the United States 

Government and of foreign governments, international organizations, or nongovernmental organizations. 

SEC. 415. None of the funds made available by this Act may 

be used by the Federal Transit Administration to implement, administer, or enforce section 18.36(c)(2) of title 49, Code of Federal 

Regulations, for construction hiring purposes. 

SEC. 416. None of the funds made available by this Act may 

be used in contravention of the 5th or 14th Amendment to the 

Constitution or title VI of the Civil Rights Act of 1964. 

SEC. 417. None of the funds made available by this Act may 

be used by the Department of Transportation, the Department 

of Housing and Urban Development, or any other Federal agency 

to lease or purchase new light duty vehicles for any executive 

fleet, or for an agency’s fleet inventory, except in accordance with 

Presidential Memorandum—Federal Fleet Performance, dated May 

24, 2011. 

SEC. 418. None of the funds made available by this Act may 

be used in contravention of subpart E of part 5 of the regulations 

of the Secretary of Housing and Urban Development (24 CFR part 

5, subpart E, relating to restrictions on assistance to noncitizens). 

SEC. 419. None of the funds made available by this Act may 

be used to provide financial assistance in contravention of section 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2907 

214(d) of the Housing and Community Development Act of 1980 

(42 U.S.C. 1436a(d)). 

SEC. 420. For an additional amount for ‘‘Community Planning 

and Development, Community Development Fund’’, $300,000,000, 

to remain available until expended, for necessary expenses for 

activities authorized under title I of the Housing and Community 

Development Act of 1974 (42 U.S.C. 5301 et seq.) related to disaster 

relief, long-term recovery, restoration of infrastructure and housing, 

and economic revitalization in the most impacted and distressed 

areas resulting from a major disaster declared in 2015 pursuant 

to the Robert T. Stafford Disaster Relief and Emergency Assistance 

Act (42 U.S.C. 5121 et seq.) related to the consequences of Hurricane 

Joaquin and adjacent storm systems, Hurricane Patricia, and other 

flood events: Provided, That funds shall be awarded directly to 

the State or unit of general local government at the discretion 

of the Secretary: Provided further, That prior to the obligation 

of funds a grantee shall submit a plan to the Secretary for approval 

detailing the proposed use of all funds, including criteria for eligibility and how the use of these funds will address long-term recovery 

and restoration of infrastructure and housing and economic revitalization in the most impacted and distressed areas: Provided further, That such funds may not be used for activities reimbursable by, 

or for which funds are made available by, the Federal Emergency 

Management Agency or the Army Corps of Engineers: Provided 

further, That funds allocated under this heading shall not be considered relevant to the non-disaster formula allocations made pursuant 

to section 106 of the Housing and Community Development Act 

of 1974 (42 U.S.C. 5306): Provided further, That a State or subdivision thereof may use up to five percent of its allocation for administrative costs: Provided further, That in administering the funds 

under this heading, the Secretary of Housing and Urban Development may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers 

in connection with the obligation by the Secretary or the use by 

the recipient of these funds (except for requirements related to 

fair housing, nondiscrimination, labor standards, and the environment), if the Secretary finds that good cause exists for the waiver 

or alternative requirement and such waiver or alternative requirement would not be inconsistent with the overall purpose of title 

I of the Housing and Community Development Act of 1974: Provided 

further, That, notwithstanding the preceding proviso, recipients of 

funds provided under this heading that use such funds to supplement Federal assistance provided under section 402, 403, 404, 

406, 407, or 502 of the Robert T. Stafford Disaster Relief and 

Emergency Assistance Act (42 U.S.C. 5121 et seq.) may adopt, 

without review or public comment, any environmental review, 

approval, or permit performed by a Federal agency, and such adoption shall satisfy the responsibilities of the recipient with respect 

to such environmental review, approval or permit: Provided further, 

That, notwithstanding section 104(g)(2) of the Housing and Community Development Act of 1974 (42 U.S.C. 5304(g)(2)), the Secretary 

may, upon receipt of a request for release of funds and certification, 

immediately approve the release of funds for an activity or project 

assisted under this heading if the recipient has adopted an environmental review, approval or permit under the preceding proviso 

or the activity or project is categorically excluded from review 

under the National Environmental Policy Act of 1969 (42 U.S.C. 


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129 STAT. 2908 PUBLIC LAW 114–113—DEC. 18, 2015 

4321 et seq.): Provided further, That the Secretary shall publish 

via notice in the Federal Register any waiver, or alternative requirement, to any statute or regulation that the Secretary administers 

pursuant to title I of the Housing and Community Development 

Act of 1974 no later than five days before the effective date of 

such waiver or alternative requirement: Provided further, That 

of the amounts made available under this section, up to $1,000,000 

may be transferred to ‘‘Program Office Salaries and Expenses, 

Community Planning and Development’’ for necessary costs, 

including information technology costs, of administering and overseeing funds made available under this heading: Provided further, 

That amounts provided under this section shall be designated by 

Congress as being for disaster relief pursuant to section 251(b)(2)(D) 

of the Balanced Budget and Emergency Deficit Control Act of 1985. 

SEC. 421. Effective as of December 4, 2015, and as if included 

therein as enacted, section 1408 of the Fixing America’s Surface 

Transportation Act (Public Law 114–94) is amended by adding 

at the end the following: 

‘‘(c) APPLICABILITY.—The amendment made by subsection (b) 

shall apply to projects to repair or reconstruct facilities damaged 

as a result of a natural disaster or catastrophic failure described 

in section 125(a) of title 23, United States Code, occurring on 

or after October 1, 2015.’’. 

This division may be cited as the ‘‘Transportation, Housing 

and Urban Development, and Related Agencies Appropriations Act, 

2016’’. 

DIVISION M—INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2016 

SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This division may be cited as the ‘‘Intelligence Authorization Act for Fiscal Year 2016’’. 

(b) TABLE OF CONTENTS.—The table of contents for this division 

is as follows: 

DIVISION M—INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2016 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Explanatory statement. 

TITLE I—INTELLIGENCE ACTIVITIES 

Sec. 101. Authorization of appropriations. 

Sec. 102. Classified schedule of authorizations. 

Sec. 103. Personnel ceiling adjustments. 

Sec. 104. Intelligence Community Management Account. 

Sec. 105. Clarification regarding authority for flexible personnel management 

among elements of intelligence community. 

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 

DISABILITY SYSTEM 

Sec. 201. Authorization of appropriations. 

TITLE III—GENERAL PROVISIONS 

Sec. 301. Increase in employee compensation and benefits authorized by law. 

Sec. 302. Restriction on conduct of intelligence activities. 

Sec. 303. Provision of information and assistance to Inspector General of the Intelligence Community. 

Sec. 304. Inclusion of Inspector General of Intelligence Community in Council of Inspectors General on Integrity and Efficiency. 

Intelligence 

Authorization 

Act for Fiscal 

Year 2016. 

23 USC 120 note. 

23 USC 120 note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2909 

Sec. 305. Clarification of authority of Privacy and Civil Liberties Oversight Board. 

Sec. 306. Enhancing government personnel security programs. 

Sec. 307. Notification of changes to retention of call detail record policies. 

Sec. 308. Personnel information notification policy by the Director of National Intelligence. 

Sec. 309. Designation of lead intelligence officer for tunnels. 

Sec. 310. Reporting process required for tracking certain requests for country clearance. Sec. 311. Study on reduction of analytic duplication. 

Sec. 312. Strategy for comprehensive interagency review of the United States national security overhead satellite architecture. 

Sec. 313. Cyber attack standards of measurement study. 

TITLE IV—MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE 

COMMUNITY 

Subtitle A—Office of the Director of National Intelligence 

Sec. 401. Appointment and confirmation of the National Counterintelligence Executive. 

Sec. 402. Technical amendments relating to pay under title 5, United States Code. 

Sec. 403. Analytic objectivity review. 

Subtitle B—Central Intelligence Agency and Other Elements 

Sec. 411. Authorities of the Inspector General for the Central Intelligence Agency. 

Sec. 412. Prior congressional notification of transfers of funds for certain intelligence activities. 

TITLE V—MATTERS RELATING TO FOREIGN COUNTRIES 

Subtitle A—Matters Relating to Russia 

Sec. 501. Notice of deployment or transfer of Club–K container missile system by 

the Russian Federation. 

Sec. 502. Assessment on funding of political parties and nongovernmental organizations by the Russian Federation. 

Sec. 503. Assessment on the use of political assassinations as a form of statecraft 

by the Russian Federation. 

Subtitle B—Matters Relating to Other Countries 

Sec. 511. Report on resources and collection posture with regard to the South 

China Sea and East China Sea. 

Sec. 512. Use of locally employed staff serving at a United States diplomatic facility 

in Cuba. 

Sec. 513. Inclusion of sensitive compartmented information facilities in United 

States diplomatic facilities in Cuba. 

Sec. 514. Report on use by Iran of funds made available through sanctions relief. 

TITLE VI—MATTERS RELATING TO UNITED STATES NAVAL STATION, 

GUANTANAMO BAY, CUBA 

Sec. 601. Prohibition on use of funds for transfer or release of individuals detained 

at United States Naval Station, Guantanamo Bay, Cuba, to the United 

States. 

Sec. 602. Prohibition on use of funds to construct or modify facilities in the United 

States to house detainees transferred from United States Naval Station, 

Guantanamo Bay, Cuba. 

Sec. 603. Prohibition on use of funds for transfer or release to certain countries of 

individuals detained at United States Naval Station, Guantanamo Bay, 

Cuba. 

TITLE VII—REPORTS AND OTHER MATTERS 

Subtitle A—Reports 

Sec. 701. Repeal of certain reporting requirements. 

Sec. 702. Reports on foreign fighters. 

Sec. 703. Report on strategy, efforts, and resources to detect, deter, and degrade Islamic State revenue mechanisms. 

Sec. 704. Report on United States counterterrorism strategy to disrupt, dismantle, 

and defeat the Islamic State, al-Qa’ida, and their affiliated groups, associated groups, and adherents. 

Sec. 705. Report on effects of data breach of Office of Personnel Management. 

Sec. 706. Report on hiring of graduates of Cyber Corps Scholarship Program by intelligence community. 


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129 STAT. 2910 PUBLIC LAW 114–113—DEC. 18, 2015 

Sec. 707. Report on use of certain business concerns. 

Subtitle B—Other Matters 

Sec. 711. Use of homeland security grant funds in conjunction with Department of 

Energy national laboratories. 

Sec. 712. Inclusion of certain minority-serving institutions in grant program to enhance recruiting of intelligence community workforce. 

SEC. 2. DEFINITIONS. 

In this division: 

(1) CONGRESSIONAL INTELLIGENCE COMMITTEES.—The term 

‘‘congressional intelligence committees’’ means— 

(A) the Select Committee on Intelligence of the Senate; 

and 

(B) the Permanent Select Committee on Intelligence 

of the House of Representatives. 

(2) INTELLIGENCE COMMUNITY.—The term ‘‘intelligence 

community’’ has the meaning given that term in section 3(4) 

of the National Security Act of 1947 (50 U.S.C. 3003(4)). 

SEC. 3. EXPLANATORY STATEMENT. 

The explanatory statement regarding this division, printed in 

the House section of the Congressional Record on or about December 

15, 2015, by the Chairman of the Permanent Select Committee 

on Intelligence of the House of Representatives, shall have the 

same effect with respect to the implementation of this division 

as if it were a joint explanatory statement of a committee of conference. 

TITLE I—INTELLIGENCE ACTIVITIES 

SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

Funds are hereby authorized to be appropriated for fiscal year 

2016 for the conduct of the intelligence and intelligence-related 

activities of the following elements of the United States Government: 

(1) The Office of the Director of National Intelligence. 

(2) The Central Intelligence Agency. 

(3) The Department of Defense. 

(4) The Defense Intelligence Agency. 

(5) The National Security Agency. 

(6) The Department of the Army, the Department of the 

Navy, and the Department of the Air Force. 

(7) The Coast Guard. 

(8) The Department of State. 

(9) The Department of the Treasury. 

(10) The Department of Energy. 

(11) The Department of Justice. 

(12) The Federal Bureau of Investigation. 

(13) The Drug Enforcement Administration. 

(14) The National Reconnaissance Office. 

(15) The National Geospatial-Intelligence Agency. 

(16) The Department of Homeland Security. 

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

(a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL LEVELS.— 

The amounts authorized to be appropriated under section 101 and, 

50 USC 3003 

note. 


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subject to section 103, the authorized personnel ceilings as of September 30, 2016, for the conduct of the intelligence activities of 

the elements listed in paragraphs (1) through (16) of section 101, 

are those specified in the classified Schedule of Authorizations 

prepared to accompany this division of this Act. 

(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AUTHORIZA- TIONS.— (1) AVAILABILITY.—The classified Schedule of Authorizations referred to in subsection (a) shall be made available 

to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and 

to the President. 

(2) DISTRIBUTION BY THE PRESIDENT.—Subject to paragraph 

(3), the President shall provide for suitable distribution of the 

classified Schedule of Authorizations, or of appropriate portions 

of the Schedule, within the executive branch. 

(3) LIMITS ON DISCLOSURE.—The President shall not publicly disclose the classified Schedule of Authorizations or any 

portion of such Schedule except— 

(A) as provided in section 601(a) of the Implementing 

Recommendations of the 9/11 Commission Act of 2007 (50 

U.S.C. 3306(a)); 

(B) to the extent necessary to implement the budget; 

or 

(C) as otherwise required by law. 

SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 

(a) AUTHORITY FOR INCREASES.—The Director of National Intelligence may authorize employment of civilian personnel in excess 

of the number authorized for fiscal year 2016 by the classified 

Schedule of Authorizations referred to in section 102(a) if the 

Director of National Intelligence determines that such action is 

necessary to the performance of important intelligence functions, 

except that the number of personnel employed in excess of the 

number authorized under such section may not, for any element 

of the intelligence community, exceed 3 percent of the number 

of civilian personnel authorized under such schedule for such element. 

(b) TREATMENT OF CERTAIN PERSONNEL.—The Director of 

National Intelligence shall establish guidelines that govern, for 

each element of the intelligence community, the treatment under 

the personnel levels authorized under section 102(a), including any 

exemption from such personnel levels, of employment or assignment 

in— 

(1) a student program, trainee program, or similar program; 

(2) a reserve corps or as a reemployed annuitant; or 

(3) details, joint duty, or long-term, full-time training. 

(c) NOTICE TO CONGRESSIONAL INTELLIGENCE COMMITTEES.— 

The Director of National Intelligence shall notify the congressional 

intelligence committees in writing at least 15 days prior to each 

exercise of an authority described in subsection (a). 

SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT. 

(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated for the Intelligence Community Management 

Account of the Director of National Intelligence for fiscal year 

2016 the sum of $516,306,000. Within such amount, funds identified 

in the classified Schedule of Authorizations referred to in section 


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129 STAT. 2912 PUBLIC LAW 114–113—DEC. 18, 2015 

102(a) for advanced research and development shall remain available until September 30, 2017. 

(b) AUTHORIZED PERSONNEL LEVELS.—The elements within the 

Intelligence Community Management Account of the Director of 

National Intelligence are authorized 785 positions as of September 

30, 2016. Personnel serving in such elements may be permanent 

employees of the Office of the Director of National Intelligence 

or personnel detailed from other elements of the United States 

Government. 

(c) CLASSIFIED AUTHORIZATIONS.— (1) AUTHORIZATION OF APPROPRIATIONS.—In addition to 

amounts authorized to be appropriated for the Intelligence 

Community Management Account by subsection (a), there are 

authorized to be appropriated for the Community Management 

Account for fiscal year 2016 such additional amounts as are 

specified in the classified Schedule of Authorizations referred 

to in section 102(a). Such additional amounts for advanced 

research and development shall remain available until September 30, 2017. 

(2) AUTHORIZATION OF PERSONNEL.—In addition to the personnel authorized by subsection (b) for elements of the Intelligence Community Management Account as of September 30, 

2016, there are authorized such additional personnel for the 

Community Management Account as of that date as are specified in the classified Schedule of Authorizations referred to 

in section 102(a). 

SEC. 105. CLARIFICATION REGARDING AUTHORITY FOR FLEXIBLE 

PERSONNEL MANAGEMENT AMONG ELEMENTS OF INTELLIGENCE COMMUNITY. 

(a) CLARIFICATION.—Section 102A(v) of the National Security 

Act of 1947 (50 U.S.C. 3024(v)) is amended— 

(1) by redesignating paragraph (3) as paragraph (4); and 

(2) by inserting after paragraph (2) the following new paragraph (3): 

‘‘(3) A covered department may appoint an individual to 

a position converted or established pursuant to this subsection 

without regard to the civil-service laws, including parts II and 

III of title 5, United States Code.’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall apply with respect to an appointment under section 102A(v) 

of the National Security Act of 1947 (50 U.S.C. 3024(v)) made 

on or after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2012 (Public Law 112–87) and to any 

proceeding pending on or filed after the date of the enactment 

of this section that relates to such an appointment. 

TITLE II—CENTRAL INTELLIGENCE 

AGENCY RETIREMENT AND DISABILITY SYSTEM 

SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 2016 

the sum of $514,000,000. 

50 USC 3024 

note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2913 

TITLE III—GENERAL PROVISIONS 

SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS 

AUTHORIZED BY LAW. 

Appropriations authorized by this division for salary, pay, 

retirement, and other benefits for Federal employees may be 

increased by such additional or supplemental amounts as may 

be necessary for increases in such compensation or benefits authorized by law. 

SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES. 

The authorization of appropriations by this division shall not 

be deemed to constitute authority for the conduct of any intelligence 

activity which is not otherwise authorized by the Constitution or 

the laws of the United States. 

SEC. 303. PROVISION OF INFORMATION AND ASSISTANCE TO 

INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY. 

Section 103H(j)(4) of the National Security Act of 1947 (50 

U.S.C. 3033(j)(4)) is amended— 

(1) in subparagraph (A), by striking ‘‘any department, 

agency, or other element of the United States Government’’ 

and inserting ‘‘any Federal, State (as defined in section 804), 

or local governmental agency or unit thereof’’; and 

(2) in subparagraph (B), by inserting ‘‘from a department, 

agency, or element of the Federal Government’’ before ‘‘under 

subparagraph (A)’’. 

SEC. 304. INCLUSION OF INSPECTOR GENERAL OF INTELLIGENCE 

COMMUNITY IN COUNCIL OF INSPECTORS GENERAL ON 

INTEGRITY AND EFFICIENCY. 

Section 11(b)(1)(B) of the Inspector General Act of 1978 (Public 

Law 95–452; 5 U.S.C. App.) is amended by striking ‘‘the Office 

of the Director of National Intelligence’’ and inserting ‘‘the Intelligence Community’’. 

SEC. 305. CLARIFICATION OF AUTHORITY OF PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD. 

Section 1061(g) of the Intelligence Reform and Terrorism 

Prevention Act of 2004 (42 U.S.C. 2000ee(g)) is amended by adding 

at the end the following new paragraph: 

‘‘(5) ACCESS.—Nothing in this section shall be construed 

to authorize the Board, or any agent thereof, to gain access 

to information regarding an activity covered by section 503(a) 

of the National Security Act of 1947 (50 U.S.C. 3093(a)).’’. 

SEC. 306. ENHANCING GOVERNMENT PERSONNEL SECURITY PROGRAMS. 

(a) ENHANCED SECURITY CLEARANCE PROGRAMS.— 

(1) IN GENERAL.—Part III of title 5, United States Code, 

is amended by adding at the end the following: 5 USC 

11001 prec. 


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129 STAT. 2914 PUBLIC LAW 114–113—DEC. 18, 2015 

‘‘Subpart J—Enhanced Personnel Security 

Programs 

‘‘CHAPTER 110—ENHANCED PERSONNEL SECURITY 

PROGRAMS 

‘‘Sec. 

‘‘11001. Enhanced personnel security programs. 

‘‘SEC. 11001. ENHANCED PERSONNEL SECURITY PROGRAMS. 

‘‘(a) ENHANCED PERSONNEL SECURITY PROGRAM.—The Director 

of National Intelligence shall direct each agency to implement a 

program to provide enhanced security review of covered individuals— 

‘‘(1) in accordance with this section; and 

‘‘(2) not later than the earlier of— 

‘‘(A) the date that is 5 years after the date of the 

enactment of the Intelligence Authorization Act for Fiscal 

Year 2016; or 

‘‘(B) the date on which the backlog of overdue periodic 

reinvestigations of covered individuals is eliminated, as 

determined by the Director of National Intelligence. 

‘‘(b) COMPREHENSIVENESS.— 

‘‘(1) SOURCES OF INFORMATION.—The enhanced personnel 

security program of an agency shall integrate relevant and 

appropriate information from various sources, including government, publicly available, and commercial data sources, consumer reporting agencies, social media, and such other sources 

as determined by the Director of National Intelligence. 

‘‘(2) TYPES OF INFORMATION.—Information obtained and 

integrated from sources described in paragraph (1) may 

include— 

‘‘(A) information relating to any criminal or civil legal 

proceeding; 

‘‘(B) financial information relating to the covered individual, including the credit worthiness of the covered individual; 

‘‘(C) publicly available information, whether electronic, 

printed, or other form, including relevant security or 

counterintelligence information about the covered individual or information that may suggest ill intent, vulnerability to blackmail, compulsive behavior, allegiance to 

another country, change in ideology, or that the covered 

individual lacks good judgment, reliability, or trustworthiness; and 

‘‘(D) data maintained on any terrorist or criminal watch 

list maintained by any agency, State or local government, 

or international organization. 

‘‘(c) REVIEWS OF COVERED INDIVIDUALS.— 

‘‘(1) REVIEWS.— 

‘‘(A) IN GENERAL.—The enhanced personnel security 

program of an agency shall require that, not less than 

2 times every 5 years, the head of the agency shall conduct 

or request the conduct of automated record checks and 

checks of information from sources under subsection (b) 

to ensure the continued eligibility of each covered individual to access classified information and hold a sensitive 

5 USC 11001. 


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position unless more frequent reviews of automated record 

checks and checks of information from sources under subsection (b) are conducted on the covered individual. 

‘‘(B) SCOPE OF REVIEWS.—Except for a covered individual who is subject to more frequent reviews to ensure 

the continued eligibility of the covered individual to access 

classified information and hold a sensitive position, the 

reviews under subparagraph (A) shall consist of random 

or aperiodic checks of covered individuals, such that each 

covered individual is subject to at least 2 reviews during 

the 5-year period beginning on the date on which the 

agency implements the enhanced personnel security program of an agency, and during each 5-year period thereafter. 

‘‘(C) INDIVIDUAL REVIEWS.—A review of the information 

relating to the continued eligibility of a covered individual 

to access classified information and hold a sensitive position 

under subparagraph (A) may not be conducted until after 

the end of the 120-day period beginning on the date the 

covered individual receives the notification required under 

paragraph (3). 

‘‘(2) RESULTS.—The head of an agency shall take appropriate action if a review under paragraph (1) finds relevant 

information that may affect the continued eligibility of a covered 

individual to access classified information and hold a sensitive 

position. 

‘‘(3) INFORMATION FOR COVERED INDIVIDUALS.—The head 

of an agency shall ensure that each covered individual is adequately advised of the types of relevant security or counterintelligence information the covered individual is required to report 

to the head of the agency. 

‘‘(4) LIMITATION.—Nothing in this subsection shall be construed to affect the authority of an agency to determine the 

appropriate weight to be given to information relating to a 

covered individual in evaluating the continued eligibility of 

the covered individual. 

‘‘(5) AUTHORITY OF THE PRESIDENT.—Nothing in this subsection shall be construed as limiting the authority of the 

President to direct or perpetuate periodic reinvestigations of 

a more comprehensive nature or to delegate the authority to 

direct or perpetuate such reinvestigations. 

‘‘(6) EFFECT ON OTHER REVIEWS.—Reviews conducted under 

paragraph (1) are in addition to investigations and reinvestigations conducted pursuant to section 3001 of the Intelligence 

Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341). 

‘‘(d) AUDIT.— 

‘‘(1) IN GENERAL.—Beginning 2 years after the date of the 

implementation of the enhanced personnel security program 

of an agency under subsection (a), the Inspector General of 

the agency shall conduct at least 1 audit to assess the effectiveness and fairness, which shall be determined in accordance 

with performance measures and standards established by the 

Director of National Intelligence, to covered individuals of the 

enhanced personnel security program of the agency. 

‘‘(2) SUBMISSIONS TO DNI.—The results of each audit conducted under paragraph (1) shall be submitted to the Director 

of National Intelligence to assess the effectiveness and fairness 


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of the enhanced personnel security programs across the Federal 

Government. 

‘‘(e) DEFINITIONS.—In this section— 

‘‘(1) the term ‘agency’ has the meaning given that term 

in section 3001 of the Intelligence Reform and Terrorism 

Prevention Act of 2004 (50 U.S.C. 3341); 

‘‘(2) the term ‘consumer reporting agency’ has the meaning 

given that term in section 603 of the Fair Credit Reporting 

Act (15 U.S.C. 1681a); 

‘‘(3) the term ‘covered individual’ means an individual 

employed by an agency or a contractor of an agency who has 

been determined eligible for access to classified information 

or eligible to hold a sensitive position; 

‘‘(4) the term ‘enhanced personnel security program’ means 

a program implemented by an agency at the direction of the 

Director of National Intelligence under subsection (a); and’’. 

(2) TECHNICAL AND CONFORMING AMENDMENT.—The table 

of chapters for part III of title 5, United States Code, is 

amended by adding at the end following: 

‘‘Subpart J—Enhanced Personnel Security Programs 

‘‘110. Enhanced personnel security programs ....................................................11001’’. 

(b) RESOLUTION OF BACKLOG OF OVERDUE PERIODIC REINVESTIGATIONS.— 

(1) IN GENERAL.—The Director of National Intelligence shall 

develop and implement a plan to eliminate the backlog of 

overdue periodic reinvestigations of covered individuals. 

(2) REQUIREMENTS.—The plan developed under paragraph 

(1) shall— 

(A) use a risk-based approach to— 

(i) identify high-risk populations; and 

(ii) prioritize reinvestigations that are due or 

overdue to be conducted; and 

(B) use random automated record checks of covered 

individuals that shall include all covered individuals in 

the pool of individuals subject to a one-time check. 

(3) DEFINITIONS.—In this subsection: 

(A) The term ‘‘covered individual’’ means an individual 

who has been determined eligible for access to classified 

information or eligible to hold a sensitive position. 

(B) The term ‘‘periodic reinvestigations’’ has the 

meaning given such term in section 3001(a)(7) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 

U.S.C. 3341(a)(7)). 

SEC. 307. NOTIFICATION OF CHANGES TO RETENTION OF CALL DETAIL 

RECORD POLICIES. 

(a) REQUIREMENT TO RETAIN.— 

(1) IN GENERAL.—Not later than 15 days after learning 

that an electronic communication service provider that generates call detail records in the ordinary course of business 

has changed the policy of the provider on the retention of 

such call detail records to result in a retention period of less 

than 18 months, the Director of National Intelligence shall 

notify, in writing, the congressional intelligence committees 

of such change. 

50 USC 1864. 

5 USC 11001 

note. 

5 USC 

2101 prec. 


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(2) REPORT.—Not later than 30 days after the date of 

the enactment of this Act, the Director shall submit to the 

congressional intelligence committees a report identifying each 

electronic communication service provider that has, as of the 

date of the report, a policy to retain call detail records for 

a period of 18 months or less. 

(b) DEFINITIONS.—In this section: 

(1) CALL DETAIL RECORD.—The term ‘‘call detail record’’ 

has the meaning given that term in section 501(k) of the 

Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 

1861(k)). 

(2) ELECTRONIC COMMUNICATION SERVICE PROVIDER.—The 

term ‘‘electronic communication service provider’’ has the 

meaning given that term in section 701(b)(4) of the Foreign 

Intelligence Surveillance Act of 1978 (50 U.S.C. 1881(b)(4)). 

SEC. 308. PERSONNEL INFORMATION NOTIFICATION POLICY BY THE 

DIRECTOR OF NATIONAL INTELLIGENCE. 

(a) DIRECTIVE REQUIRED.—The Director of National Intelligence 

shall issue a directive containing a written policy for the timely 

notification to the congressional intelligence committees of the 

identities of individuals occupying senior level positions within the 

intelligence community. 

(b) SENIOR LEVEL POSITION.—In identifying positions that are 

senior level positions in the intelligence community for purposes 

of the directive required under subsection (a), the Director of 

National Intelligence shall consider whether a position— 

(1) constitutes the head of an entity or a significant component within an agency; 

(2) is involved in the management or oversight of matters 

of significant import to the leadership of an entity of the intelligence community; 

(3) provides significant responsibility on behalf of the intelligence community; 

(4) requires the management of a significant number of 

personnel or funds; 

(5) requires responsibility management or oversight of sensitive intelligence activities; and 

(6) is held by an individual designated as a senior intelligence management official as such term is defined in section 

368(a)(6) of the Intelligence Authorization Act for Fiscal Year 

2010 (Public Law 111–259; 50 U.S.C. 404i–1 note). 

(c) NOTIFICATION.—The Director shall ensure that each notification under the directive issued under subsection (a) includes each 

of the following: 

(1) The name of the individual occupying the position. 

(2) Any previous senior level position held by the individual, 

if applicable, or the position held by the individual immediately 

prior to the appointment. 

(3) The position to be occupied by the individual. 

(4) Any other information the Director determines appropriate. 

(d) RELATIONSHIP TO OTHER LAWS.—The directive issued under 

subsection (a) and any amendment to such directive shall be consistent with the provisions of the National Security Act of 1947 

(50 U.S.C. 401 et seq.). 

50 USC 3098 

note. 


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(e) SUBMISSION.—Not later than 90 days after the date of 

the enactment of this Act, the Director shall submit to the congressional intelligence committees the directive issued under subsection 

(a). 

SEC. 309. DESIGNATION OF LEAD INTELLIGENCE OFFICER FOR TUNNELS. 

(a) IN GENERAL.—The Director of National Intelligence shall 

designate an official to manage the collection and analysis of intelligence regarding the tactical use of tunnels by state and nonstate 

actors. 

(b) ANNUAL REPORT.—Not later than the date that is 10 months 

after the date of the enactment of this Act, and biennially thereafter 

until the date that is 4 years after the date of the enactment 

of this Act, the Director of National Intelligence shall submit to 

the congressional intelligence committees and the congressional 

defense committees (as such term is defined in section 101(a)(16) 

of title 10, United States Code) a report describing— 

(1) trends in the use of tunnels by foreign state and 

nonstate actors; and 

(2) collaboration efforts between the United States and 

partner countries to address the use of tunnels by adversaries. 

SEC. 310. REPORTING PROCESS REQUIRED FOR TRACKING CERTAIN 

REQUESTS FOR COUNTRY CLEARANCE. 

(a) IN GENERAL.—By not later than September 30, 2016, the 

Director of National Intelligence shall establish a formal internal 

reporting process for tracking requests for country clearance submitted to overseas Director of National Intelligence representatives 

by departments and agencies of the United States. Such reporting 

process shall include a mechanism for tracking the department 

or agency that submits each such request and the date on which 

each such request is submitted. 

(b) CONGRESSIONAL BRIEFING.—By not later than December 

31, 2016, the Director of National Intelligence shall brief the 

congressional intelligence committees on the progress of the Director 

in establishing the process required under subsection (a). 

SEC. 311. STUDY ON REDUCTION OF ANALYTIC DUPLICATION. 

(a) STUDY AND REPORT.— 

(1) IN GENERAL.—Not later than January 31, 2016, the 

Director of National Intelligence shall— 

(A) carry out a study to evaluate and measure the 

incidence of duplication in finished intelligence analysis 

products; and 

(B) submit to the congressional intelligence committees 

a report on the findings of such study. 

(2) METHODOLOGY REQUIREMENTS.—The methodology used 

to carry out the study required by this subsection shall be 

able to be repeated for use in other subsequent studies. 

(b) ELEMENTS.—The report required by subsection (a)(1)(B) 

shall include— 

(1) detailed information— 

(A) relating to the frequency of duplication of finished 

intelligence analysis products; and 

(B) that describes the types of, and the reasons for, 

any such duplication; and 

50 USC 3024 

note. 

50 USC 3024 

note. 


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(2) a determination as to whether to make the production 

of such information a routine part of the mission of the Analytic 

Integrity and Standards Group. 

(c) CUSTOMER IMPACT PLAN.—Not later than 180 days after 

the date of the enactment of this Act, the Director of National 

Intelligence shall submit to the congressional intelligence committees a plan for revising analytic practice, tradecraft, and standards 

to ensure customers are able to clearly identify— 

(1) the manner in which intelligence products written on 

similar topics and that are produced contemporaneously differ 

from one another in terms of methodology, sourcing, or other 

distinguishing analytic characteristics; and 

(2) the significance of that difference. 

(d) CONSTRUCTION.—Nothing in this section may be construed 

to impose any requirement that would interfere with the production 

of an operationally urgent or otherwise time-sensitive current intelligence product. 

SEC. 312. STRATEGY FOR COMPREHENSIVE INTERAGENCY REVIEW OF 

THE UNITED STATES NATIONAL SECURITY OVERHEAD SATELLITE ARCHITECTURE. 

(a) REQUIREMENT FOR STRATEGY.—The Director of National 

Intelligence shall collaborate with the Secretary of Defense and 

the Chairman of the Joint Chiefs of Staff to develop a strategy, 

with milestones and benchmarks, to ensure that there is a comprehensive interagency review of policies and practices for planning 

and acquiring national security satellite systems and architectures, 

including the capabilities of commercial systems and partner countries, consistent with the National Space Policy issued on June 

28, 2010. Such strategy shall, where applicable, account for the 

unique missions and authorities vested in the Department of 

Defense and the intelligence community. 

(b) ELEMENTS.—The strategy required by subsection (a) shall 

ensure that the United States national security overhead satellite 

architecture— 

(1) meets the needs of the United States in peace time 

and is resilient in war time; 

(2) is fiscally responsible; 

(3) accurately takes into account cost and performance 

tradeoffs; 

(4) meets realistic requirements; 

(5) produces excellence, innovation, competition, and a 

robust industrial base; 

(6) aims to produce in less than 5 years innovative satellite 

systems that are able to leverage common, standardized design 

elements and commercially available technologies; 

(7) takes advantage of rapid advances in commercial technology, innovation, and commercial-like acquisition practices; 

(8) is open to innovative concepts, such as distributed, 

disaggregated architectures, that could allow for better resiliency, reconstitution, replenishment, and rapid technological 

refresh; and 

(9) emphasizes deterrence and recognizes the importance 

of offensive and defensive space control capabilities. 

(c) REPORT ON STRATEGY.—Not later than February 28, 2016, 

the Director of National Intelligence, the Secretary of Defense, 

and the Chairman of the Joint Chiefs of Staff shall jointly submit 


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to the congressional intelligence committees, the Committee on 

Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives a report on the strategy 

required by subsection (a). 

SEC. 313. CYBER ATTACK STANDARDS OF MEASUREMENT STUDY. 

(a) STUDY REQUIRED.—The Director of National Intelligence, 

in consultation with the Secretary of Homeland Security, the 

Director of the Federal Bureau of Investigation, and the Secretary 

of Defense, shall carry out a study to determine appropriate standards that— 

(1) can be used to measure the damage of cyber incidents 

for the purposes of determining the response to such incidents; 

and 

(2) include a method for quantifying the damage caused 

to affected computers, systems, and devices. 

(b) REPORTS TO CONGRESS.— 

(1) PRELIMINARY FINDINGS.—Not later than 180 days after 

the date of the enactment of this Act, the Director of National 

Intelligence shall submit to the appropriate congressional 

committees the initial findings of the study required under 

subsection (a). 

(2) REPORT.—Not later than 360 days after the date of 

the enactment of this Act, the Director of National Intelligence 

shall submit to the appropriate congressional committees a 

report containing the complete findings of such study. 

(3) FORM OF REPORT.—The report required by paragraph 

(2) shall be submitted in unclassified form, but may contain 

a classified annex. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ means 

the following: 

(1) The congressional intelligence committees. 

(2) The Committees on Armed Services of the House of 

Representatives and the Senate. 

(3) The Committee on Foreign Affairs of the House of 

Representatives and the Committee on Foreign Relations of 

the Senate. 

(4) The Committee on Homeland Security of the House 

of Representatives and the Committee on Homeland Security 

and Governmental Affairs of the Senate. 

TITLE IV—MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY 

Subtitle A—Office of the Director of 

National Intelligence 

SEC. 401. APPOINTMENT AND CONFIRMATION OF THE NATIONAL 

COUNTERINTELLIGENCE EXECUTIVE. 

(a) IN GENERAL.—Section 902(a) of the Counterintelligence 

Enhancement Act of 2002 (50 U.S.C. 3382) is amended to read 

as follows: 


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‘‘(a) ESTABLISHMENT.—There shall be a National Counterintelligence Executive who shall be appointed by the President, by 

and with the advice and consent of the Senate.’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect on the date that is one year after the date of 

the enactment of this Act. 

SEC. 402. TECHNICAL AMENDMENTS RELATING TO PAY UNDER TITLE 

5, UNITED STATES CODE. 

Section 5102(a)(1) of title 5, United States Code, is amended— 

(1) in clause (vii), by striking ‘‘or’’; 

(2) by inserting after clause (vii) the following new clause: 

‘‘(viii) the Office of the Director of National Intelligence;’’; and 

(3) in clause (x), by striking the period and inserting a 

semicolon. 

SEC. 403. ANALYTIC OBJECTIVITY REVIEW. 

(a) ASSESSMENT.—The Director of National Intelligence shall 

assign the Chief of the Analytic Integrity and Standards Group 

to conduct a review of finished intelligence products produced by 

the Central Intelligence Agency to assess whether the reorganization of the Agency, announced publicly on March 6, 2015, has 

resulted in any loss of analytic objectivity. 

(b) SUBMISSION.—Not later than March 6, 2017, the Director 

of National Intelligence shall submit to the congressional intelligence committees, in writing, the results of the review required 

under subsection (a), including— 

(1) an assessment comparing the analytic objectivity of 

a representative sample of finished intelligence products produced by the Central Intelligence Agency before the reorganization and a representative sample of such finished intelligence 

products produced after the reorganization, predicated on the 

products’ communication of uncertainty, expression of alternative analysis, and other underlying evaluative criteria referenced in the Strategic Evaluation of All-Source Analysis 

directed by the Director; 

(2) an assessment comparing the historical results of anonymous surveys of Central Intelligence Agency analysts and customers conducted before the reorganization and the results 

of such anonymous surveys conducted after the reorganization, 

with a focus on the analytic standard of objectivity; 

(3) a metrics-based evaluation measuring the effect that 

the reorganization’s integration of operational, analytic, support, technical, and digital personnel and capabilities into Mission Centers has had on analytic objectivity; and 

(4) any recommendations for ensuring that analysts of the 

Central Intelligence Agency perform their functions with objectivity, are not unduly constrained, and are not influenced by 

the force of preference for a particular policy. 

50 USC 3382 

note. 


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Subtitle B—Central Intelligence Agency 

and Other Elements 

SEC. 411. AUTHORITIES OF THE INSPECTOR GENERAL FOR THE CENTRAL INTELLIGENCE AGENCY. 

(a) INFORMATION AND ASSISTANCE.—Paragraph (9) of section 

17(e) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 

3517(e)(9)) is amended to read as follows: 

‘‘(9)(A) The Inspector General may request such information 

or assistance as may be necessary for carrying out the duties 

and responsibilities of the Inspector General provided by this section 

from any Federal, State, or local governmental agency or unit 

thereof. 

‘‘(B) Upon request of the Inspector General for information 

or assistance from a department or agency of the Federal Government, the head of the department or agency involved, insofar as 

practicable and not in contravention of any existing statutory 

restriction or regulation of such department or agency, shall furnish 

to the Inspector General, or to an authorized designee, such 

information or assistance. 

‘‘(C) Nothing in this paragraph may be construed to provide 

any new authority to the Central Intelligence Agency to conduct 

intelligence activity in the United States. 

‘‘(D) In this paragraph, the term ‘State’ means each of the 

several States, the District of Columbia, the Commonwealth of 

Puerto Rico, the Commonwealth of the Northern Mariana Islands, 

and any territory or possession of the United States.’’. 

(b) TECHNICAL AMENDMENTS RELATING TO SELECTION OF

EMPLOYEES.—Paragraph (7) of such section (50 U.S.C. 3517(e)(7)) 

is amended— 

(1) by inserting ‘‘(A)’’ before ‘‘Subject to applicable law’’; 

and 

(2) by adding at the end the following new subparagraph: 

‘‘(B) Consistent with budgetary and personnel resources allocated by the Director, the Inspector General has final approval 

of— 

‘‘(i) the selection of internal and external candidates for 

employment with the Office of Inspector General; and 

‘‘(ii) all other personnel decisions concerning personnel 

permanently assigned to the Office of Inspector General, 

including selection and appointment to the Senior Intelligence 

Service, but excluding all security-based determinations that 

are not within the authority of a head of other Central Intelligence Agency offices.’’. 

SEC. 412. PRIOR CONGRESSIONAL NOTIFICATION OF TRANSFERS OF 

FUNDS FOR CERTAIN INTELLIGENCE ACTIVITIES. 

(a) LIMITATION.—Except as provided in subsection (b), none 

of the funds authorized to be appropriated by this division or 

otherwise made available for the intelligence community for fiscal 

year 2016 may be used to initiate a transfer of funds from the 

Joint Improvised Explosive Device Defeat Fund or the Counterterrorism Partnerships Fund to be used for intelligence activities 

unless the Director of National Intelligence or the Secretary of 

Defense, as appropriate, submits to the congressional intelligence 


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committees, by not later than 15 days before initiating such a 

transfer, written notice of the transfer. 

(b) WAIVER.— 

(1) IN GENERAL.—The Director of National Intelligence or 

the Secretary of Defense, as appropriate, may waive subsection 

(a) with respect to the initiation of a transfer of funds if the 

Director or Secretary, as the case may be, determines that 

an emergency situation makes it impossible or impractical to 

provide the notice required under such subsection by the date 

that is 15 days before such initiation. 

(2) NOTICE.—If the Director or Secretary issues a waiver 

under paragraph (1), the Director or Secretary, as the case 

may be, shall submit to the congressional intelligence committees, by not later than 48 hours after the initiation of the 

transfer of funds covered by the waiver, written notice of the 

waiver and a justification for the waiver, including a description 

of the emergency situation that necessitated the waiver. 

TITLE V—MATTERS RELATING TO 

FOREIGN COUNTRIES 

Subtitle A—Matters Relating to Russia 

SEC. 501. NOTICE OF DEPLOYMENT OR TRANSFER OF CLUB–K CONTAINER MISSILE SYSTEM BY THE RUSSIAN FEDERATION. 

(a) NOTICE TO CONGRESS.—The Director of National Intelligence 

shall submit to the appropriate congressional committees written 

notice if the intelligence community receives intelligence that the 

Russian Federation has— 

(1) deployed, or is about to deploy, the Club–K container 

missile system through the Russian military; or 

(2) transferred or sold, or intends to transfer or sell, the 

Club–K container missile system to another state or non-state 

actor. 

(b) NOTICE TO CONGRESSIONAL INTELLIGENCE COMMITTEES.— 

Not later than 30 days after the date on which the Director submits 

a notice under subsection (a), the Director shall submit to the 

congressional intelligence committees a written update regarding 

any intelligence community engagement with a foreign partner 

on the deployment and impacts of a deployment of the Club– 

K container missile system to any potentially impacted nation. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ means 

the following: 

(1) The congressional intelligence committees. 

(2) The Committees on Armed Services of the House of 

Representatives and the Senate. 

(3) The Committee on Foreign Affairs of the House of 

Representatives and the Committee on Foreign Relations of 

the Senate. 


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129 STAT. 2924 PUBLIC LAW 114–113—DEC. 18, 2015 

SEC. 502. ASSESSMENT ON FUNDING OF POLITICAL PARTIES AND NONGOVERNMENTAL ORGANIZATIONS BY THE RUSSIAN FEDERATION. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Director of National Intelligence 

shall submit to the appropriate congressional committees an intelligence community assessment on the funding of political parties 

and nongovernmental organizations in former Soviet states and 

countries in Europe by the Russian Security Services since January 

1, 2006. Such assessment shall include the following: 

(1) The country involved, the entity funded, the security 

service involved, and the intended effect of the funding. 

(2) An evaluation of such intended effects, including with 

respect to— 

(A) undermining the political cohesion of the country 

involved; 

(B) undermining the missile defense of the United 

States and the North Atlantic Treaty Organization; and 

(C) undermining energy projects that could provide 

an alternative to Russian energy. 

(b) FORM.—The report under subsection (a) shall be submitted 

in unclassified form, but may include a classified annex. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ means 

the following: 

(1) The congressional intelligence committees. 

(2) The Committees on Armed Services of the House of 

Representatives and the Senate. 

(3) The Committee on Foreign Affairs of the House of 

Representatives and the Committee on Foreign Relations of 

the Senate. 

SEC. 503. ASSESSMENT ON THE USE OF POLITICAL ASSASSINATIONS 

AS A FORM OF STATECRAFT BY THE RUSSIAN FEDERATION. 

(a) REQUIREMENT FOR ASSESSMENT.—Not later than 180 days 

after the date of the enactment of this Act, the Director of National 

Intelligence shall submit to the appropriate congressional committees an intelligence community assessment on the use of political 

assassinations as a form of statecraft by the Russian Federation 

since January 1, 2000. 

(b) CONTENT.—The assessment required by subsection (a) shall 

include— 

(1) a list of Russian politicians, businessmen, dissidents, 

journalists, current or former government officials, foreign 

heads-of-state, foreign political leaders, foreign journalists, 

members of nongovernmental organizations, and other relevant 

individuals that the intelligence community assesses were 

assassinated by Russian Security Services, or agents of such 

services, since January 1, 2000; and 

(2) for each individual described in paragraph (1), the 

country in which the assassination took place, the means used, 

associated individuals and organizations, and other background 

information related to the assassination of the individual. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ means 

the following: 


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(1) The congressional intelligence committees. 

(2) The Committees on Armed Services of the House of 

Representatives and the Senate. 

(3) The Committee on Foreign Affairs of the House of 

Representatives and the Committee on Foreign Relations of 

the Senate. 

Subtitle B—Matters Relating to Other 

Countries 

SEC. 511. REPORT ON RESOURCES AND COLLECTION POSTURE WITH 

REGARD TO THE SOUTH CHINA SEA AND EAST CHINA SEA. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Director of National Intelligence 

shall submit to the congressional intelligence committees an intelligence community assessment on the resources used for collection 

efforts and the collection posture of the intelligence community 

with regard to the South China Sea and East China Sea. 

(b) ELEMENTS.—The intelligence community assessment 

required by subsection (a) shall provide detailed information related 

to intelligence collection by the United States with regard to the 

South China Sea and East China Sea, including— 

(1) a review of intelligence community collection activities 

and a description of these activities, including the lead agency, 

key partners, purpose of collection activity, annual funding 

and personnel, the manner in which the collection is conducted, 

and types of information collected; 

(2) an explanation of how the intelligence community 

prioritizes and coordinates collection activities focused on such 

region; and 

(3) a description of any collection and resourcing gaps and 

efforts being made to address such gaps. 

SEC. 512. USE OF LOCALLY EMPLOYED STAFF SERVING AT A UNITED 

STATES DIPLOMATIC FACILITY IN CUBA. 

(a) SUPERVISORY REQUIREMENT.— 

(1) IN GENERAL.—Except as provided under paragraph (2), 

the Secretary of State shall ensure that, not later than 1 

year after the date of the enactment of this Act, key supervisory 

positions at a United States diplomatic facility in Cuba are 

occupied by citizens of the United States. 

(2) EXTENSION.—The Secretary of State may extend the 

deadline under paragraph (1) for up to 1 year by providing 

advance written notification and justification of such extension 

to the appropriate congressional committees. 

(b) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of State, in coordination with 

the heads of other appropriate Federal agencies, shall submit to 

the appropriate congressional committees a report on— 

(1) the progress made toward meeting the requirement 

under subsection (a)(1); and 

(2) the use of locally employed staff in United States diplomatic facilities in Cuba, including— 

(A) the number of such staff; 

(B) the responsibilities of such staff; 


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129 STAT. 2926 PUBLIC LAW 114–113—DEC. 18, 2015 

(C) the manner in which such staff are selected, 

including efforts to mitigate counterintelligence threats to 

the United States; and 

(D) the potential cost and impact on the operational 

capacity of the diplomatic facility if such staff were reduced. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the congressional intelligence committees; 

(2) the Committee on Foreign Relations and the Committee 

on Appropriations of the Senate; and 

(3) the Committee on Foreign Affairs and the Committee 

on Appropriations of the House of Representatives. 

SEC. 513. INCLUSION OF SENSITIVE COMPARTMENTED INFORMATION 

FACILITIES IN UNITED STATES DIPLOMATIC FACILITIES 

IN CUBA. 

(a) RESTRICTED ACCESS SPACE REQUIREMENT.—Each United 

States diplomatic facility in Cuba in which classified information 

will be processed or in which classified communications occur that, 

after the date of the enactment of this Act, is constructed or undergoes a major construction upgrade shall be constructed to include 

a sensitive compartmented information facility. 

(b) NATIONAL SECURITY WAIVER.—The Secretary of State may 

waive the requirement under subsection (a) if the Secretary— 

(1) determines that such waiver is in the national security 

interest of the United States; and 

(2) submits a written justification for such waiver to the 

appropriate congressional committees not later than 90 days 

before exercising such waiver. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the congressional intelligence committees; 

(2) the Committee on Foreign Relations and the Committee 

on Appropriations of the Senate; and 

(3) the Committee on Foreign Affairs and the Committee 

on Appropriations of the House of Representatives. 

SEC. 514. REPORT ON USE BY IRAN OF FUNDS MADE AVAILABLE 

THROUGH SANCTIONS RELIEF. 

(a) IN GENERAL.—At the times specified in subsection (b), the 

Director of National Intelligence, in consultation with the Secretary 

of the Treasury, shall submit to the appropriate congressional 

committees a report assessing the following: 

(1) The monetary value of any direct or indirect forms 

of sanctions relief that Iran has received since the Joint Plan 

of Action first entered into effect. 

(2) How Iran has used funds made available through sanctions relief, including the extent to which any such funds have 

facilitated the ability of Iran— 

(A) to provide support for— 

(i) any individual or entity designated for the 

imposition of sanctions for activities relating to international terrorism pursuant to an executive order or 

by the Office of Foreign Assets Control of the Department of the Treasury as of the date of the enactment 

of this Act; 

22 USC 8701 

note. 

22 USC 4865 

note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2927 

(ii) any organization designated by the Secretary 

of State as a foreign terrorist organization under section 219(a) of the Immigration and Nationality Act 

(8 U.S.C. 1189(a)) as of the date of the enactment 

of this Act; 

(iii) any other terrorist organization; or 

(iv) the regime of Bashar al Assad in Syria; 

(B) to advance the efforts of Iran or any other country 

to develop nuclear weapons or ballistic missiles overtly 

or covertly; or 

(C) to commit any violation of the human rights of 

the people of Iran. 

(3) The extent to which any senior official of the Government of Iran has diverted any funds made available through 

sanctions relief to be used by the official for personal use. 

(b) SUBMISSION TO CONGRESS.— 

(1) IN GENERAL.—The Director shall submit the report 

required by subsection (a) to the appropriate congressional 

committees— 

(A) not later than 180 days after the date of the enactment of this Act and every 180 days thereafter during 

the period that the Joint Plan of Action is in effect; and 

(B) not later than 1 year after a subsequent agreement 

with Iran relating to the nuclear program of Iran takes 

effect and annually thereafter during the period that such 

agreement remains in effect. 

(2) NONDUPLICATION.—The Director may submit the 

information required by subsection (a) with a report required 

to be submitted to Congress under another provision of law 

if— 

(A) the Director notifies the appropriate congressional 

committees of the intention of making such submission 

before submitting that report; and 

(B) all matters required to be covered by subsection 

(a) are included in that report. 

(c) FORM OF REPORTS.—Each report required by subsection 

(a) shall be submitted in unclassified form, but may include a 

classified annex. 

(d) DEFINITIONS.—In this section: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the Committee on Banking, Housing, and Urban 

Affairs, the Committee on Finance, the Committee on Foreign Relations, and the Select Committee on Intelligence 

of the Senate; and 

(B) the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Ways and 

Means, and the Permanent Select Committee on Intelligence of the House of Representatives. 

(2) JOINT PLAN OF ACTION.—The term ‘‘Joint Plan of Action’’ 

means the Joint Plan of Action, signed at Geneva November 

24, 2013, by Iran and by France, Germany, the Russian Federation, the People’s Republic of China, the United Kingdom, and 


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129 STAT. 2928 PUBLIC LAW 114–113—DEC. 18, 2015 

the United States, and all implementing materials and agreements related to the Joint Plan of Action, including the technical understandings reached on January 12, 2014, the extension thereto agreed to on July 18, 2014, and the extension 

thereto agreed to on November 24, 2014. 

TITLE VI—MATTERS RELATING TO 

UNITED STATES NAVAL STATION, 

GUANTANAMO BAY, CUBA 

SEC. 601. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE 

OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL 

STATION, GUANTANAMO BAY, CUBA, TO THE UNITED 

STATES. 

No amounts authorized to be appropriated or otherwise made 

available to an element of the intelligence community may be 

used during the period beginning on the date of the enactment 

of this Act and ending on December 31, 2016, to transfer, release, 

or assist in the transfer or release, to or within the United States, 

its territories, or possessions, Khalid Sheikh Mohammed or any 

other detainee who— 

(1) is not a United States citizen or a member of the 

Armed Forces of the United States; and 

(2) is or was held on or after January 20, 2009, at United 

States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. 

SEC. 602. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY 

FACILITIES IN THE UNITED STATES TO HOUSE DETAINEES 

TRANSFERRED FROM UNITED STATES NAVAL STATION, 

GUANTANAMO BAY, CUBA. 

(a) IN GENERAL.—No amounts authorized to be appropriated 

or otherwise made available to an element of the intelligence 

community may be used during the period beginning on the date 

of the enactment of this Act and ending on December 31, 2016, 

to construct or modify any facility in the United States, its territories, or possessions to house any individual detained at Guantanamo for the purposes of detention or imprisonment in the custody 

or under the control of the Department of Defense unless authorized 

by Congress. 

(b) EXCEPTION.—The prohibition in subsection (a) shall not 

apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba. 

(c) INDIVIDUAL DETAINED AT GUANTANAMO DEFINED.—In this 

section, the term ‘‘individual detained at Guantanamo’’ means any 

individual located at United States Naval Station, Guantanamo 

Bay, Cuba, as of October 1, 2009, who— 

(1) is not a citizen of the United States or a member 

of the Armed Forces of the United States; and 

(2) is— 

(A) in the custody or under the control of the Department of Defense; or 

(B) otherwise under detention at United States Naval 

Station, Guantanamo Bay, Cuba. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2929 

SEC. 603. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR RELEASE 

TO CERTAIN COUNTRIES OF INDIVIDUALS DETAINED AT 

UNITED STATES NAVAL STATION, GUANTANAMO BAY, 

CUBA. 

No amounts authorized to be appropriated or otherwise made 

available to an element of the intelligence community may be 

used during the period beginning on the date of the enactment 

of this Act and ending on December 31, 2016, to transfer, release, 

or assist in the transfer or release of any individual detained 

in the custody or under the control of the Department of Defense 

at United States Naval Station, Guantanamo Bay, Cuba, to the 

custody or control of any country, or any entity within such country, 

as follows: 

(1) Libya. 

(2) Somalia. 

(3) Syria. 

(4) Yemen. 

TITLE VII—REPORTS AND OTHER 

MATTERS 

Subtitle A—Reports 

SEC. 701. REPEAL OF CERTAIN REPORTING REQUIREMENTS. 

(a) QUADRENNIAL AUDIT OF POSITIONS REQUIRING SECURITY

CLEARANCES.—Section 506H of the National Security Act of 1947 

(50 U.S.C. 3104) is amended— 

(1) by striking subsection (a); 

(2) by redesignating subsections (b) and (c) as subsections 

(a) and (b), respectively; and 

(3) in subsection (b), as so redesignated, by striking ‘‘The 

results required under subsection (a)(2) and the reports 

required under subsection (b)(1)’’ and inserting ‘‘The reports 

required under subsection (a)(1)’’. 

(b) REPORTS ON ROLE OF ANALYSTS AT FBI.—Section 2001(g) 

of the Intelligence Reform and Terrorism Prevention Act of 2004 

(Public Law 108–458; 118 Stat. 3700; 28 U.S.C. 532 note) is 

amended by striking paragraph (3) and redesignating paragraph 

(4) as paragraph (3). 

(c) REPORT ON OUTSIDE EMPLOYMENT BY OFFICERS AND

EMPLOYEES OF INTELLIGENCE COMMUNITY.— 

(1) IN GENERAL.—Section 102A(u) of the National Security 

Act of 1947 (50 U.S.C. 3024(u)) is amended— 

(A) by striking ‘‘(1) The Director’’ and inserting ‘‘The 

Director’’; and 

(B) by striking paragraph (2). 

(2) CONFORMING AMENDMENT.—Subsection (a) of section 

507 of such Act (50 U.S.C. 3106) is amended— 

(A) by striking paragraph (5); and 

(B) by redesignating paragraph (6) as paragraph (5). 

(3) TECHNICAL AMENDMENT.—Subsection (c)(1) of such section 507 is amended by striking ‘‘subsection (a)(1)’’ and inserting 

‘‘subsection (a)’’. 


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(d) REPORTS ON NUCLEAR ASPIRATIONS OF NON-STATE ENTI- TIES.—Section 1055 of the National Defense Authorization Act for 

Fiscal Year 2010 (50 U.S.C. 2371) is repealed. 

(e) REPORTS ON ESPIONAGE BY PEOPLE’S REPUBLIC OF CHINA.— Section 3151 of the National Defense Authorization Act for Fiscal 

Year 2000 (42 U.S.C. 7383e) is repealed. 

(f) REPORTS ON SECURITY VULNERABILITIES OF NATIONAL LAB- ORATORY COMPUTERS.—Section 4508 of the Atomic Energy Defense 

Act (50 U.S.C. 2659) is repealed. 

SEC. 702. REPORTS ON FOREIGN FIGHTERS. 

(a) REPORTS REQUIRED.—Not later than 60 days after the date 

of the enactment of this Act, and every 60 days thereafter, the 

Director of National Intelligence shall submit to the congressional 

intelligence committees a report on foreign fighter flows to and 

from Syria and to and from Iraq. The Director shall define the 

term ‘‘foreign fighter’’ in such reports. 

(b) MATTERS TO BE INCLUDED.—Each report submitted under 

subsection (a) shall include each of the following: 

(1) The total number of foreign fighters who have traveled 

to Syria or Iraq since January 1, 2011, the total number of 

foreign fighters in Syria or Iraq as of the date of the submittal 

of the report, the total number of foreign fighters whose countries of origin have a visa waiver program described in section 

217 of the Immigration and Nationality Act (8 U.S.C. 1187), 

the total number of foreign fighters who have left Syria or 

Iraq, the total number of female foreign fighters, and the total 

number of deceased foreign fighters. 

(2) The total number of United States persons who have 

traveled or attempted to travel to Syria or Iraq since January 

1, 2011, the total number of such persons who have arrived 

in Syria or Iraq since such date, and the total number of 

such persons who have returned to the United States from 

Syria or Iraq since such date. 

(3) The total number of foreign fighters in the Terrorist 

Identities Datamart Environment and the status of each such 

foreign fighter in that database, the number of such foreign 

fighters who are on a watchlist, and the number of such foreign 

fighters who are not on a watchlist. 

(4) The total number of foreign fighters who have been 

processed with biometrics, including face images, fingerprints, 

and iris scans. 

(5) Any programmatic updates to the foreign fighter report 

since the last report was submitted, including updated analysis 

on foreign country cooperation, as well as actions taken, such 

as denying or revoking visas. 

(6) A worldwide graphic that describes foreign fighters 

flows to and from Syria, with points of origin by country. 

(c) ADDITIONAL REPORT.—Not later than 180 days after the 

date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees 

a report that includes— 

(1) with respect to the travel of foreign fighters to and 

from Iraq and Syria, a description of the intelligence sharing 

relationships between the United States and member states 

of the European Union and member states of the North Atlantic 

Treaty Organization; and 


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(2) an analysis of the challenges impeding such intelligence 

sharing relationships. 

(d) FORM.—The reports submitted under subsections (a) and 

(c) may be submitted in classified form. 

(e) TERMINATION.—The requirement to submit reports under 

subsection (a) shall terminate on the date that is 3 years after 

the date of the enactment of this Act. 

SEC. 703. REPORT ON STRATEGY, EFFORTS, AND RESOURCES TO 

DETECT, DETER, AND DEGRADE ISLAMIC STATE REVENUE 

MECHANISMS. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that 

the intelligence community should dedicate necessary resources 

to defeating the revenue mechanisms of the Islamic State. 

(b) REPORT.—Not later than 90 days after the date of the 

enactment of this Act, the Director of National Intelligence shall 

submit to the congressional intelligence committees a report on 

the strategy, efforts, and resources of the intelligence community 

that are necessary to detect, deter, and degrade the revenue mechanisms of the Islamic State. 

SEC. 704. REPORT ON UNITED STATES COUNTERTERRORISM 

STRATEGY TO DISRUPT, DISMANTLE, AND DEFEAT THE 

ISLAMIC STATE, AL-QA’IDA, AND THEIR AFFILIATED 

GROUPS, ASSOCIATED GROUPS, AND ADHERENTS. 

(a) REPORT.— (1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, the President shall transmit 

to the appropriate congressional committees a comprehensive 

report on the counterterrorism strategy of the United States 

to disrupt, dismantle, and defeat the Islamic State, al-Qa’ida, 

and their affiliated groups, associated groups, and adherents. 

(2) COORDINATION.—The report under paragraph (1) shall 

be prepared in coordination with the Director of National Intelligence, the Secretary of State, the Secretary of the Treasury, 

the Attorney General, and the Secretary of Defense, and the 

head of any other department or agency of the Federal Government that has responsibility for activities directed at combating 

the Islamic State, al-Qa’ida, and their affiliated groups, associated groups, and adherents. 

(3) ELEMENTS.—The report under by paragraph (1) shall 

include each of the following: 

(A) A definition of— 

(i) core al-Qa’ida, including a list of which known 

individuals constitute core al-Qa’ida; 

(ii) the Islamic State, including a list of which 

known individuals constitute Islamic State leadership; 

(iii) an affiliated group of the Islamic State or 

al-Qa’ida, including a list of which known groups constitute an affiliate group of the Islamic State or alQa’ida; 

(iv) an associated group of the Islamic State or 

al-Qa’ida, including a list of which known groups constitute an associated group of the Islamic State or 

al-Qa’ida; 

(v) an adherent of the Islamic State or al-Qa’ida, 

including a list of which known groups constitute an 

adherent of the Islamic State or al-Qa’ida; and 


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129 STAT. 2932 PUBLIC LAW 114–113—DEC. 18, 2015 

(vi) a group aligned with the Islamic State or 

al-Qa’ida, including a description of what actions a 

group takes or statements it makes that qualify it 

as a group aligned with the Islamic State or al-Qa’ida. 

(B) An assessment of the relationship between all 

identified Islamic State or al-Qa’ida affiliated groups, associated groups, and adherents with Islamic State leadership 

or core al-Qa’ida. 

(C) An assessment of the strengthening or weakening 

of the Islamic State or al-Qa’ida, its affiliated groups, associated groups, and adherents, from January 1, 2010, to 

the present, including a description of the metrics that 

are used to assess strengthening or weakening and an 

assessment of the relative increase or decrease in violent 

attacks attributed to such entities. 

(D) An assessment of whether an individual can be 

a member of core al-Qa’ida if such individual is not located 

in Afghanistan or Pakistan. 

(E) An assessment of whether an individual can be 

a member of core al-Qa’ida as well as a member of an 

al-Qa’ida affiliated group, associated group, or adherent. 

(F) A definition of defeat of the Islamic State or core 

al-Qa’ida. 

(G) An assessment of the extent or coordination, command, and control between the Islamic State or core alQa’ida and their affiliated groups, associated groups, and 

adherents, specifically addressing each such entity. 

(H) An assessment of the effectiveness of counterterrorism operations against the Islamic State or core alQa’ida, their affiliated groups, associated groups, and 

adherents, and whether such operations have had a sustained impact on the capabilities and effectiveness of the 

Islamic State or core al-Qa’ida, their affiliated groups, associated groups, and adherents. 

(4) FORM.—The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. 

(b) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘‘appropriate congressional committees’’ means 

the following: 

(1) The congressional intelligence committees. 

(2) The Committees on Armed Services of the House of 

Representatives and the Senate. 

(3) The Committee on Foreign Affairs of the House of 

Representatives and the Committee on Foreign Relations of 

the Senate. 

SEC. 705. REPORT ON EFFECTS OF DATA BREACH OF OFFICE OF PERSONNEL MANAGEMENT. 

(a) REPORT.—Not later than 120 days after the date of the 

enactment of this Act, the President shall transmit to the congressional intelligence committees a report on the data breach of the 

Office of Personnel Management disclosed in June 2015. 

(b) MATTERS INCLUDED.—The report under subsection (a) shall 

include the following: 

(1) The effects, if any, of the data breach on the operations 

of the intelligence community abroad, including the types of 


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operations, if any, that have been negatively affected or entirely 

suspended or terminated as a result of the data breach. 

(2) An assessment of the effects of the data breach on 

each element of the intelligence community. 

(3) An assessment of how foreign persons, groups, or countries may use the data collected by the data breach (particularly 

regarding information included in background investigations 

for security clearances), including with respect to— 

(A) recruiting intelligence assets; 

(B) influencing decisionmaking processes within the 

Federal Government, including regarding foreign policy 

decisions; and 

(C) compromising employees of the Federal Government and friends and families of such employees for the 

purpose of gaining access to sensitive national security 

and economic information. 

(4) An assessment of which departments or agencies of 

the Federal Government use the best practices to protect sensitive data, including a summary of any such best practices 

that were not used by the Office of Personnel Management. 

(5) An assessment of the best practices used by the departments or agencies identified under paragraph (4) to identify 

and fix potential vulnerabilities in the systems of the department or agency. 

(c) BRIEFING.—The Director of National Intelligence shall provide to the congressional intelligence committees an interim briefing 

on the report under subsection (a), including a discussion of proposals and options for responding to cyber attacks. 

(d) FORM.—The report under subsection (a) shall be submitted 

in unclassified form, but may include a classified annex. 

SEC. 706. REPORT ON HIRING OF GRADUATES OF CYBER CORPS 

SCHOLARSHIP PROGRAM BY INTELLIGENCE COMMUNITY. 

(a) IN GENERAL.—Not later than 90 days after the date of 

the enactment of this Act, the Director of National Intelligence, 

in coordination with the Director of the National Science Foundation, shall submit to the congressional intelligence committees a 

report on the employment by the intelligence community of graduates of the Cyber Corps Scholarship Program. The report shall 

include the following: 

(1) The number of graduates of the Cyber Corps Scholarship 

Program hired by each element of the intelligence community. 

(2) A description of how each element of the intelligence 

community recruits graduates of the Cyber Corps Scholar Program. 

(3) A description of any processes available to the intelligence community to expedite the hiring or processing of security clearances for graduates of the Cyber Corps Scholar Program. 

(4) Recommendations by the Director of National Intelligence to improve the hiring by the intelligence community 

of graduates of the Cyber Corps Scholarship Program, including 

any recommendations for legislative action to carry out such 

improvements. 

(b) CYBER CORPS SCHOLARSHIP PROGRAM DEFINED.—In this 

section, the term ‘‘Cyber Corps Scholarship Program’’ means the 


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129 STAT. 2934 PUBLIC LAW 114–113—DEC. 18, 2015 

Federal Cyber Scholarship-for-Service Program under section 302 

of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7442). 

SEC. 707. REPORT ON USE OF CERTAIN BUSINESS CONCERNS. 

(a) IN GENERAL.—Not later than 90 days after the date of 

the enactment of this Act, the Director of National Intelligence 

shall submit to the congressional intelligence committees a report 

on the representation, as of the date of the report, of covered 

business concerns among the contractors that are awarded contracts 

by elements of the intelligence community for goods, equipment, 

tools, and services. 

(b) MATTERS INCLUDED.—The report under subsection (a) shall 

include the following: 

(1) The representation of covered business concerns as 

described in subsection (a), including such representation by— 

(A) each type of covered business concern; and 

(B) each element of the intelligence community. 

(2) If, as of the date of the enactment of this Act, the 

Director does not record and monitor the statistics required 

to carry out this section, a description of the actions taken 

by the Director to ensure that such statistics are recorded 

and monitored beginning in fiscal year 2016. 

(3) The actions the Director plans to take during fiscal 

year 2016 to enhance the awarding of contracts to covered 

business concerns by elements of the intelligence community. 

(c) COVERED BUSINESS CONCERNS DEFINED.—In this section, 

the term ‘‘covered business concerns’’ means the following: 

(1) Minority-owned businesses. 

(2) Women-owned businesses. 

(3) Small disadvantaged businesses. 

(4) Service-disabled veteran-owned businesses. 

(5) Veteran-owned small businesses. 

Subtitle B—Other Matters 

SEC. 711. USE OF HOMELAND SECURITY GRANT FUNDS IN CONJUNCTION WITH DEPARTMENT OF ENERGY NATIONAL LABORATORIES. 

Section 2008(a) of the Homeland Security Act of 2002 (6 U.S.C. 

609(a)) is amended in the matter preceding paragraph (1) by 

inserting ‘‘including by working in conjunction with a National 

Laboratory (as defined in section 2(3) of the Energy Policy Act 

of 2005 (42 U.S.C. 15801(3))),’’ after ‘‘plans,’’. 

SEC. 712. INCLUSION OF CERTAIN MINORITY-SERVING INSTITUTIONS 

IN GRANT PROGRAM TO ENHANCE RECRUITING OF INTELLIGENCE COMMUNITY WORKFORCE. 

Section 1024 of the National Security Act of 1947 (50 U.S.C. 

3224) is amended— 

(1) in subsection (c)— 

(A) in paragraph (1), by striking ‘‘historically black 

colleges and universities and Predominantly Black Institutions’’ and inserting ‘‘historically black colleges and universities, Predominantly Black Institutions, Hispanic-serving 

institutions, and Asian American and Native American 

Pacific Islander-serving institutions’’; and 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2935 

(B) in the subsection heading, by striking ‘‘HISTORI- CALLY BLACK’’ and inserting ‘‘CERTAIN MINORITY-SERVING’’; 

and 

(2) in subsection (g)— 

(A) by redesignating paragraph (5) as paragraph (7); 

and 

(B) by inserting after paragraph (4) the following new 

paragraphs (5) and (6): 

‘‘(5) HISPANIC-SERVING INSTITUTION.—The term ‘Hispanicserving institution’ has the meaning given that term in section 

502(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 

1101a(a)(5)). 

‘‘(6) ASIAN AMERICAN AND NATIVE AMERICAN PACIFIC

ISLANDER-SERVING INSTITUTION.—The term ‘Asian American 

and Native American Pacific Islander-serving institution’ has 

the meaning given that term in section 320(b)(2) of the Higher 

Education Act of 1965 (20 U.S.C. 1059g(b)(2)).’’. 

DIVISION N—CYBERSECURITY ACT OF 

2015 

SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This division may be cited as the ‘‘Cybersecurity Act of 2015’’. 

(b) TABLE OF CONTENTS.—The table of contents for this division 

is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—CYBERSECURITY INFORMATION SHARING 

Sec. 101. Short title. 

Sec. 102. Definitions. 

Sec. 103. Sharing of information by the Federal Government. 

Sec. 104. Authorizations for preventing, detecting, analyzing, and mitigating cybersecurity threats. 

Sec. 105. Sharing of cyber threat indicators and defensive measures with the Federal Government. 

Sec. 106. Protection from liability. 

Sec. 107. Oversight of Government activities. 

Sec. 108. Construction and preemption. 

Sec. 109. Report on cybersecurity threats. 

Sec. 110. Exception to limitation on authority of Secretary of Defense to disseminate certain information. 

Sec. 111. Effective period. 

TITLE II—NATIONAL CYBERSECURITY ADVANCEMENT 

Subtitle A—National Cybersecurity and Communications Integration Center 

Sec. 201. Short title. 

Sec. 202. Definitions. 

Sec. 203. Information sharing structure and processes. 

Sec. 204. Information sharing and analysis organizations. 

Sec. 205. National response framework. 

Sec. 206. Report on reducing cybersecurity risks in DHS data centers. 

Sec. 207. Assessment. 

Sec. 208. Multiple simultaneous cyber incidents at critical infrastructure. 

Sec. 209. Report on cybersecurity vulnerabilities of United States ports. 

Sec. 210. Prohibition on new regulatory authority. 

Sec. 211. Termination of reporting requirements. 

Subtitle B—Federal Cybersecurity Enhancement 

Sec. 221. Short title. 

Sec. 222. Definitions. 

6 USC 1501 note. 

Cybersecurity 

Act of 2015. 


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129 STAT. 2936 PUBLIC LAW 114–113—DEC. 18, 2015 

Sec. 223. Improved Federal network security. 

Sec. 224. Advanced internal defenses. 

Sec. 225. Federal cybersecurity requirements. 

Sec. 226. Assessment; reports. 

Sec. 227. Termination. 

Sec. 228. Identification of information systems relating to national security. 

Sec. 229. Direction to agencies. 

TITLE III—FEDERAL CYBERSECURITY WORKFORCE ASSESSMENT 

Sec. 301. Short title. 

Sec. 302. Definitions. 

Sec. 303. National cybersecurity workforce measurement initiative. 

Sec. 304. Identification of cyber-related work roles of critical need. 

Sec. 305. Government Accountability Office status reports. 

TITLE IV—OTHER CYBER MATTERS 

Sec. 401. Study on mobile device security. 

Sec. 402. Department of State international cyberspace policy strategy. 

Sec. 403. Apprehension and prosecution of international cyber criminals. 

Sec. 404. Enhancement of emergency services. 

Sec. 405. Improving cybersecurity in the health care industry. 

Sec. 406. Federal computer security. 

Sec. 407. Stopping the fraudulent sale of financial information of people of the 

United States. 

TITLE I—CYBERSECURITY 

INFORMATION SHARING 

SEC. 101. SHORT TITLE. 

This title may be cited as the ‘‘Cybersecurity Information 

Sharing Act of 2015’’. 

SEC. 102. DEFINITIONS. 

In this title: 

(1) AGENCY.—The term ‘‘agency’’ has the meaning given 

the term in section 3502 of title 44, United States Code. 

(2) ANTITRUST LAWS.—The term ‘‘antitrust laws’’— 

(A) has the meaning given the term in the first section 

of the Clayton Act (15 U.S.C. 12); 

(B) includes section 5 of the Federal Trade Commission 

Act (15 U.S.C. 45) to the extent that section 5 of that 

Act applies to unfair methods of competition; and 

(C) includes any State antitrust law, but only to the 

extent that such law is consistent with the law referred 

to in subparagraph (A) or the law referred to in subparagraph (B). 

(3) APPROPRIATE FEDERAL ENTITIES.—The term ‘‘appropriate Federal entities’’ means the following: 

(A) The Department of Commerce. 

(B) The Department of Defense. 

(C) The Department of Energy. 

(D) The Department of Homeland Security. 

(E) The Department of Justice. 

(F) The Department of the Treasury. 

(G) The Office of the Director of National Intelligence. 

(4) CYBERSECURITY PURPOSE.—The term ‘‘cybersecurity purpose’’ means the purpose of protecting an information system 

or information that is stored on, processed by, or transiting 

an information system from a cybersecurity threat or security 

vulnerability. 

6 USC 1501. 

6 USC 1501 note. 

Cybersecurity 

Information 

Sharing Act 

of 2015. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2937 

(5) CYBERSECURITY THREAT.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), the term ‘‘cybersecurity threat’’ means an action, not 

protected by the First Amendment to the Constitution of 

the United States, on or through an information system 

that may result in an unauthorized effort to adversely 

impact the security, availability, confidentiality, or integrity 

of an information system or information that is stored 

on, processed by, or transiting an information system. 

(B) EXCLUSION.—The term ‘‘cybersecurity threat’’ does 

not include any action that solely involves a violation of 

a consumer term of service or a consumer licensing agreement. 

(6) CYBER THREAT INDICATOR.—The term ‘‘cyber threat indicator’’ means information that is necessary to describe or identify— 

(A) malicious reconnaissance, including anomalous patterns of communications that appear to be transmitted 

for the purpose of gathering technical information related 

to a cybersecurity threat or security vulnerability; 

(B) a method of defeating a security control or exploitation of a security vulnerability; 

(C) a security vulnerability, including anomalous 

activity that appears to indicate the existence of a security 

vulnerability; 

(D) a method of causing a user with legitimate access 

to an information system or information that is stored 

on, processed by, or transiting an information system to 

unwittingly enable the defeat of a security control or exploitation of a security vulnerability; 

(E) malicious cyber command and control; 

(F) the actual or potential harm caused by an incident, 

including a description of the information exfiltrated as 

a result of a particular cybersecurity threat; 

(G) any other attribute of a cybersecurity threat, if 

disclosure of such attribute is not otherwise prohibited 

by law; or 

(H) any combination thereof. 

(7) DEFENSIVE MEASURE.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), the term ‘‘defensive measure’’ means an action, device, 

procedure, signature, technique, or other measure applied 

to an information system or information that is stored 

on, processed by, or transiting an information system that 

detects, prevents, or mitigates a known or suspected cybersecurity threat or security vulnerability. 

(B) EXCLUSION.—The term ‘‘defensive measure’’ does 

not include a measure that destroys, renders unusable, 

provides unauthorized access to, or substantially harms 

an information system or information stored on, processed 

by, or transiting such information system not owned by— 

(i) the private entity operating the measure; or 

(ii) another entity or Federal entity that is authorized to provide consent and has provided consent to 

that private entity for operation of such measure. 


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129 STAT. 2938 PUBLIC LAW 114–113—DEC. 18, 2015 

(8) FEDERAL ENTITY.—The term ‘‘Federal entity’’ means 

a department or agency of the United States or any component 

of such department or agency. 

(9) INFORMATION SYSTEM.—The term ‘‘information 

system’’— 

(A) has the meaning given the term in section 3502 

of title 44, United States Code; and 

(B) includes industrial control systems, such as supervisory control and data acquisition systems, distributed 

control systems, and programmable logic controllers. 

(10) LOCAL GOVERNMENT.—The term ‘‘local government’’ 

means any borough, city, county, parish, town, township, village, or other political subdivision of a State. 

(11) MALICIOUS CYBER COMMAND AND CONTROL.—The term 

‘‘malicious cyber command and control’’ means a method for 

unauthorized remote identification of, access to, or use of, an 

information system or information that is stored on, processed 

by, or transiting an information system. 

(12) MALICIOUS RECONNAISSANCE.—The term ‘‘malicious 

reconnaissance’’ means a method for actively probing or passively monitoring an information system for the purpose of 

discerning security vulnerabilities of the information system, 

if such method is associated with a known or suspected cybersecurity threat. 

(13) MONITOR.—The term ‘‘monitor’’ means to acquire, identify, or scan, or to possess, information that is stored on, processed by, or transiting an information system. 

(14) NON-FEDERAL ENTITY.— 

(A) IN GENERAL.—Except as otherwise provided in this 

paragraph, the term ‘‘non-Federal entity’’ means any private entity, non-Federal government agency or department, 

or State, tribal, or local government (including a political 

subdivision, department, or component thereof). 

(B) INCLUSIONS.—The term ‘‘non-Federal entity’’ 

includes a government agency or department of the District 

of Columbia, the Commonwealth of Puerto Rico, the United 

States Virgin Islands, Guam, American Samoa, the 

Northern Mariana Islands, and any other territory or 

possession of the United States. 

(C) EXCLUSION.—The term ‘‘non-Federal entity’’ does 

not include a foreign power as defined in section 101 of 

the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 

1801). 

(15) PRIVATE ENTITY.— 

(A) IN GENERAL.—Except as otherwise provided in this 

paragraph, the term ‘‘private entity’’ means any person 

or private group, organization, proprietorship, partnership, 

trust, cooperative, corporation, or other commercial or nonprofit entity, including an officer, employee, or agent 

thereof. 

(B) INCLUSION.—The term ‘‘private entity’’ includes a 

State, tribal, or local government performing utility services, such as electric, natural gas, or water services. 

(C) EXCLUSION.—The term ‘‘private entity’’ does not 

include a foreign power as defined in section 101 of the 

Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 

1801). 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2939 

(16) SECURITY CONTROL.—The term ‘‘security control’’ 

means the management, operational, and technical controls 

used to protect against an unauthorized effort to adversely 

affect the confidentiality, integrity, and availability of an 

information system or its information. 

(17) SECURITY VULNERABILITY.—The term ‘‘security vulnerability’’ means any attribute of hardware, software, process, 

or procedure that could enable or facilitate the defeat of a 

security control. 

(18) TRIBAL.—The term ‘‘tribal’’ has the meaning given 

the term ‘‘Indian tribe’’ in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). 

SEC. 103. SHARING OF INFORMATION BY THE FEDERAL GOVERNMENT. 

(a) IN GENERAL.—Consistent with the protection of classified 

information, intelligence sources and methods, and privacy and 

civil liberties, the Director of National Intelligence, the Secretary 

of Homeland Security, the Secretary of Defense, and the Attorney 

General, in consultation with the heads of the appropriate Federal 

entities, shall jointly develop and issue procedures to facilitate 

and promote— 

(1) the timely sharing of classified cyber threat indicators 

and defensive measures in the possession of the Federal 

Government with representatives of relevant Federal entities 

and non-Federal entities that have appropriate security clearances; 

(2) the timely sharing with relevant Federal entities and 

non-Federal entities of cyber threat indicators, defensive measures, and information relating to cybersecurity threats or 

authorized uses under this title, in the possession of the Federal 

Government that may be declassified and shared at an unclassified level; 

(3) the timely sharing with relevant Federal entities and 

non-Federal entities, or the public if appropriate, of unclassified, 

including controlled unclassified, cyber threat indicators and 

defensive measures in the possession of the Federal Government; 

(4) the timely sharing with Federal entities and non-Federal entities, if appropriate, of information relating to cybersecurity threats or authorized uses under this title, in the possession 

of the Federal Government about cybersecurity threats to such 

entities to prevent or mitigate adverse effects from such cybersecurity threats; and 

(5) the periodic sharing, through publication and targeted 

outreach, of cybersecurity best practices that are developed 

based on ongoing analyses of cyber threat indicators, defensive 

measures, and information relating to cybersecurity threats 

or authorized uses under this title, in the possession of the 

Federal Government, with attention to accessibility and 

implementation challenges faced by small business concerns 

(as defined in section 3 of the Small Business Act (15 U.S.C. 

632)). 

(b) DEVELOPMENT OF PROCEDURES.— 

(1) IN GENERAL.—The procedures developed under subsection (a) shall— 

(A) ensure the Federal Government has and maintains 

the capability to share cyber threat indicators and defensive 

6 USC 1502. 


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129 STAT. 2940 PUBLIC LAW 114–113—DEC. 18, 2015 

measures in real time consistent with the protection of 

classified information; 

(B) incorporate, to the greatest extent practicable, 

existing processes and existing roles and responsibilities 

of Federal entities and non-Federal entities for information 

sharing by the Federal Government, including sector specific information sharing and analysis centers; 

(C) include procedures for notifying, in a timely 

manner, Federal entities and non-Federal entities that 

have received a cyber threat indicator or defensive measure 

from a Federal entity under this title that is known or 

determined to be in error or in contravention of the requirements of this title or another provision of Federal law 

or policy of such error or contravention; 

(D) include requirements for Federal entities sharing 

cyber threat indicators or defensive measures to implement 

and utilize security controls to protect against unauthorized 

access to or acquisition of such cyber threat indicators 

or defensive measures; 

(E) include procedures that require a Federal entity, 

prior to the sharing of a cyber threat indicator— 

(i) to review such cyber threat indicator to assess 

whether such cyber threat indicator contains any 

information not directly related to a cybersecurity 

threat that such Federal entity knows at the time 

of sharing to be personal information of a specific individual or information that identifies a specific individual and remove such information; or 

(ii) to implement and utilize a technical capability 

configured to remove any information not directly 

related to a cybersecurity threat that the Federal entity 

knows at the time of sharing to be personal information 

of a specific individual or information that identifies 

a specific individual; and 

(F) include procedures for notifying, in a timely 

manner, any United States person whose personal information is known or determined to have been shared by a 

Federal entity in violation of this title. 

(2) CONSULTATION.—In developing the procedures required 

under this section, the Director of National Intelligence, the 

Secretary of Homeland Security, the Secretary of Defense, and 

the Attorney General shall consult with appropriate Federal 

entities, including the Small Business Administration and the 

National Laboratories (as defined in section 2 of the Energy 

Policy Act of 2005 (42 U.S.C. 15801)), to ensure that effective 

protocols are implemented that will facilitate and promote the 

sharing of cyber threat indicators by the Federal Government 

in a timely manner. 

(c) SUBMITTAL TO CONGRESS.—Not later than 60 days after 

the date of the enactment of this Act, the Director of National 

Intelligence, in consultation with the heads of the appropriate Federal entities, shall submit to Congress the procedures required 

by subsection (a). 

SEC. 104. AUTHORIZATIONS FOR PREVENTING, DETECTING, ANALYZING, AND MITIGATING CYBERSECURITY THREATS. 

(a) AUTHORIZATION FOR MONITORING.— 

6 USC 1503. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2941 

(1) IN GENERAL.—Notwithstanding any other provision of 

law, a private entity may, for cybersecurity purposes, monitor— 

(A) an information system of such private entity; 

(B) an information system of another non-Federal 

entity, upon the authorization and written consent of such 

other entity; 

(C) an information system of a Federal entity, upon 

the authorization and written consent of an authorized 

representative of the Federal entity; and 

(D) information that is stored on, processed by, or 

transiting an information system monitored by the private 

entity under this paragraph. 

(2) CONSTRUCTION.—Nothing in this subsection shall be 

construed— 

(A) to authorize the monitoring of an information 

system, or the use of any information obtained through 

such monitoring, other than as provided in this title; or 

(B) to limit otherwise lawful activity. 

(b) AUTHORIZATION FOR OPERATION OF DEFENSIVE MEASURES.— 

(1) IN GENERAL.—Notwithstanding any other provision of 

law, a private entity may, for cybersecurity purposes, operate 

a defensive measure that is applied to— 

(A) an information system of such private entity in 

order to protect the rights or property of the private entity; 

(B) an information system of another non-Federal 

entity upon written consent of such entity for operation 

of such defensive measure to protect the rights or property 

of such entity; and 

(C) an information system of a Federal entity upon 

written consent of an authorized representative of such 

Federal entity for operation of such defensive measure 

to protect the rights or property of the Federal Government. 

(2) CONSTRUCTION.—Nothing in this subsection shall be 

construed— 

(A) to authorize the use of a defensive measure other 

than as provided in this subsection; or 

(B) to limit otherwise lawful activity. 

(c) AUTHORIZATION FOR SHARING OR RECEIVING CYBER THREAT

INDICATORS OR DEFENSIVE MEASURES.— 

(1) IN GENERAL.—Except as provided in paragraph (2) and 

notwithstanding any other provision of law, a non-Federal 

entity may, for a cybersecurity purpose and consistent with 

the protection of classified information, share with, or receive 

from, any other non-Federal entity or the Federal Government 

a cyber threat indicator or defensive measure. 

(2) LAWFUL RESTRICTION.—A non-Federal entity receiving 

a cyber threat indicator or defensive measure from another 

non-Federal entity or a Federal entity shall comply with otherwise lawful restrictions placed on the sharing or use of such 

cyber threat indicator or defensive measure by the sharing 

non-Federal entity or Federal entity. 

(3) CONSTRUCTION.—Nothing in this subsection shall be 

construed— 

(A) to authorize the sharing or receiving of a cyber 

threat indicator or defensive measure other than as provided in this subsection; or 

(B) to limit otherwise lawful activity. 


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129 STAT. 2942 PUBLIC LAW 114–113—DEC. 18, 2015 

(d) PROTECTION AND USE OF INFORMATION.— 

(1) SECURITY OF INFORMATION.—A non-Federal entity monitoring an information system, operating a defensive measure, 

or providing or receiving a cyber threat indicator or defensive 

measure under this section shall implement and utilize a security control to protect against unauthorized access to or acquisition of such cyber threat indicator or defensive measure. 

(2) REMOVAL OF CERTAIN PERSONAL INFORMATION.—A nonFederal entity sharing a cyber threat indicator pursuant to 

this title shall, prior to such sharing— 

(A) review such cyber threat indicator to assess 

whether such cyber threat indicator contains any information not directly related to a cybersecurity threat that 

the non-Federal entity knows at the time of sharing to 

be personal information of a specific individual or information that identifies a specific individual and remove such 

information; or 

(B) implement and utilize a technical capability configured to remove any information not directly related to 

a cybersecurity threat that the non-Federal entity knows 

at the time of sharing to be personal information of a 

specific individual or information that identifies a specific 

individual. 

(3) USE OF CYBER THREAT INDICATORS AND DEFENSIVE MEASURES BY NON-FEDERAL ENTITIES.— 

(A) IN GENERAL.—Consistent with this title, a cyber 

threat indicator or defensive measure shared or received 

under this section may, for cybersecurity purposes— 

(i) be used by a non-Federal entity to monitor 

or operate a defensive measure that is applied to— 

(I) an information system of the non-Federal 

entity; or 

(II) an information system of another nonFederal entity or a Federal entity upon the written 

consent of that other non-Federal entity or that 

Federal entity; and 

(ii) be otherwise used, retained, and further shared 

by a non-Federal entity subject to— 

(I) an otherwise lawful restriction placed by 

the sharing non-Federal entity or Federal entity 

on such cyber threat indicator or defensive 

measure; or 

(II) an otherwise applicable provision of law. 

(B) CONSTRUCTION.—Nothing in this paragraph shall 

be construed to authorize the use of a cyber threat indicator 

or defensive measure other than as provided in this section. 

(4) USE OF CYBER THREAT INDICATORS BY STATE, TRIBAL, 

OR LOCAL GOVERNMENT.— 

(A) LAW ENFORCEMENT USE.—A State, tribal, or local 

government that receives a cyber threat indicator or defensive measure under this title may use such cyber threat 

indicator or defensive measure for the purposes described 

in section 105(d)(5)(A). 

(B) EXEMPTION FROM DISCLOSURE.—A cyber threat 

indicator or defensive measure shared by or with a State, 

tribal, or local government, including a component of a 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2943 

State, tribal, or local government that is a private entity, 

under this section shall be— 

(i) deemed voluntarily shared information; and 

(ii) exempt from disclosure under any provision 

of State, tribal, or local freedom of information law, 

open government law, open meetings law, open records 

law, sunshine law, or similar law requiring disclosure 

of information or records. 

(C) STATE, TRIBAL, AND LOCAL REGULATORY

AUTHORITY.— 

(i) IN GENERAL.—Except as provided in clause (ii), 

a cyber threat indicator or defensive measure shared 

with a State, tribal, or local government under this 

title shall not be used by any State, tribal, or local 

government to regulate, including an enforcement 

action, the lawful activity of any non-Federal entity 

or any activity taken by a non-Federal entity pursuant 

to mandatory standards, including an activity relating 

to monitoring, operating a defensive measure, or 

sharing of a cyber threat indicator. 

(ii) REGULATORY AUTHORITY SPECIFICALLY

RELATING TO PREVENTION OR MITIGATION OF CYBERSECURITY THREATS.—A cyber threat indicator or defensive 

measure shared as described in clause (i) may, consistent with a State, tribal, or local government regulatory authority specifically relating to the prevention 

or mitigation of cybersecurity threats to information 

systems, inform the development or implementation 

of a regulation relating to such information systems. 

(e) ANTITRUST EXEMPTION.— 

(1) IN GENERAL.—Except as provided in section 108(e), it 

shall not be considered a violation of any provision of antitrust 

laws for 2 or more private entities to exchange or provide 

a cyber threat indicator or defensive measure, or assistance 

relating to the prevention, investigation, or mitigation of a 

cybersecurity threat, for cybersecurity purposes under this title. 

(2) APPLICABILITY.—Paragraph (1) shall apply only to 

information that is exchanged or assistance provided in order 

to assist with— 

(A) facilitating the prevention, investigation, or mitigation of a cybersecurity threat to an information system 

or information that is stored on, processed by, or transiting 

an information system; or 

(B) communicating or disclosing a cyber threat indicator to help prevent, investigate, or mitigate the effect 

of a cybersecurity threat to an information system or 

information that is stored on, processed by, or transiting 

an information system. 

(f) NO RIGHT OR BENEFIT.—The sharing of a cyber threat indicator or defensive measure with a non-Federal entity under this 

title shall not create a right or benefit to similar information by 

such non-Federal entity or any other non-Federal entity. 

SEC. 105. SHARING OF CYBER THREAT INDICATORS AND DEFENSIVE 

MEASURES WITH THE FEDERAL GOVERNMENT. 

(a) REQUIREMENT FOR POLICIES AND PROCEDURES.— 

6 USC 1504. 


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129 STAT. 2944 PUBLIC LAW 114–113—DEC. 18, 2015 

(1) INTERIM POLICIES AND PROCEDURES.—Not later than 

60 days after the date of the enactment of this Act, the Attorney 

General and the Secretary of Homeland Security shall, in consultation with the heads of the appropriate Federal entities, 

jointly develop and submit to Congress interim policies and 

procedures relating to the receipt of cyber threat indicators 

and defensive measures by the Federal Government. 

(2) FINAL POLICIES AND PROCEDURES.—Not later than 180 

days after the date of the enactment of this Act, the Attorney 

General and the Secretary of Homeland Security shall, in consultation with the heads of the appropriate Federal entities, 

jointly issue and make publicly available final policies and 

procedures relating to the receipt of cyber threat indicators 

and defensive measures by the Federal Government. 

(3) REQUIREMENTS CONCERNING POLICIES AND PROCE- DURES.—Consistent with the guidelines required by subsection 

(b), the policies and procedures developed or issued under this 

subsection shall— 

(A) ensure that cyber threat indicators shared with 

the Federal Government by any non-Federal entity pursuant to section 104(c) through the real-time process 

described in subsection (c) of this section— 

(i) are shared in an automated manner with all 

of the appropriate Federal entities; 

(ii) are only subject to a delay, modification, or 

other action due to controls established for such realtime process that could impede real-time receipt by 

all of the appropriate Federal entities when the delay, 

modification, or other action is due to controls— 

(I) agreed upon unanimously by all of the 

heads of the appropriate Federal entities; 

(II) carried out before any of the appropriate 

Federal entities retains or uses the cyber threat 

indicators or defensive measures; and 

(III) uniformly applied such that each of the 

appropriate Federal entities is subject to the same 

delay, modification, or other action; and 

(iii) may be provided to other Federal entities; 

(B) ensure that cyber threat indicators shared with 

the Federal Government by any non-Federal entity pursuant to section 104 in a manner other than the real-time 

process described in subsection (c) of this section— 

(i) are shared as quickly as operationally practicable with all of the appropriate Federal entities; 

(ii) are not subject to any unnecessary delay, interference, or any other action that could impede receipt 

by all of the appropriate Federal entities; and 

(iii) may be provided to other Federal entities; 

and 

(C) ensure there are— 

(i) audit capabilities; and 

(ii) appropriate sanctions in place for officers, 

employees, or agents of a Federal entity who knowingly 

and willfully conduct activities under this title in an 

unauthorized manner. 

(4) GUIDELINES FOR ENTITIES SHARING CYBER THREAT

INDICATORS WITH FEDERAL GOVERNMENT.— 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2945 

(A) IN GENERAL.—Not later than 60 days after the 

date of the enactment of this Act, the Attorney General 

and the Secretary of Homeland Security shall jointly 

develop and make publicly available guidance to assist 

entities and promote sharing of cyber threat indicators 

with Federal entities under this title. 

(B) CONTENTS.—The guidelines developed and made 

publicly available under subparagraph (A) shall include 

guidance on the following: 

(i) Identification of types of information that would 

qualify as a cyber threat indicator under this title 

that would be unlikely to include information that— 

(I) is not directly related to a cybersecurity 

threat; and 

(II) is personal information of a specific individual or information that identifies a specific individual. 

(ii) Identification of types of information protected 

under otherwise applicable privacy laws that are 

unlikely to be directly related to a cybersecurity threat. 

(iii) Such other matters as the Attorney General 

and the Secretary of Homeland Security consider 

appropriate for entities sharing cyber threat indicators 

with Federal entities under this title. 

(b) PRIVACY AND CIVIL LIBERTIES.— 

(1) INTERIM GUIDELINES.—Not later than 60 days after 

the date of the enactment of this Act, the Attorney General 

and the Secretary of Homeland Security shall, in consultation 

with heads of the appropriate Federal entities and in consultation with officers designated under section 1062 of the National 

Security Intelligence Reform Act of 2004 (42 U.S.C. 2000ee– 

1), jointly develop, submit to Congress, and make available 

to the public interim guidelines relating to privacy and civil 

liberties which shall govern the receipt, retention, use, and 

dissemination of cyber threat indicators by a Federal entity 

obtained in connection with activities authorized in this title. 

(2) FINAL GUIDELINES.— 

(A) IN GENERAL.—Not later than 180 days after the 

date of the enactment of this Act, the Attorney General 

and the Secretary of Homeland Security shall, in coordination with heads of the appropriate Federal entities and 

in consultation with officers designated under section 1062 

of the National Security Intelligence Reform Act of 2004 

(42 U.S.C. 2000ee–1) and such private entities with 

industry expertise as the Attorney General and the Secretary consider relevant, jointly issue and make publicly 

available final guidelines relating to privacy and civil liberties which shall govern the receipt, retention, use, and 

dissemination of cyber threat indicators by a Federal entity 

obtained in connection with activities authorized in this 

title. 

(B) PERIODIC REVIEW.—The Attorney General and the 

Secretary of Homeland Security shall, in coordination with 

heads of the appropriate Federal entities and in consultation with officers and private entities described in subparagraph (A), periodically, but not less frequently than once 


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129 STAT. 2946 PUBLIC LAW 114–113—DEC. 18, 2015 

every 2 years, jointly review the guidelines issued under 

subparagraph (A). 

(3) CONTENT.—The guidelines required by paragraphs (1) 

and (2) shall, consistent with the need to protect information 

systems from cybersecurity threats and mitigate cybersecurity 

threats— 

(A) limit the effect on privacy and civil liberties of 

activities by the Federal Government under this title; 

(B) limit the receipt, retention, use, and dissemination 

of cyber threat indicators containing personal information 

of specific individuals or information that identifies specific 

individuals, including by establishing— 

(i) a process for the timely destruction of such 

information that is known not to be directly related 

to uses authorized under this title; and 

(ii) specific limitations on the length of any period 

in which a cyber threat indicator may be retained; 

(C) include requirements to safeguard cyber threat 

indicators containing personal information of specific 

individuals or information that identifies specific individuals from unauthorized access or acquisition, including 

appropriate sanctions for activities by officers, employees, 

or agents of the Federal Government in contravention of 

such guidelines; 

(D) consistent with this title, any other applicable 

provisions of law, and the fair information practice principles set forth in appendix A of the document entitled 

‘‘National Strategy for Trusted Identities in Cyberspace’’ 

and published by the President in April 2011, govern the 

retention, use, and dissemination by the Federal Government of cyber threat indicators shared with the Federal 

Government under this title, including the extent, if any, 

to which such cyber threat indicators may be used by 

the Federal Government; 

(E) include procedures for notifying entities and Federal entities if information received pursuant to this section 

is known or determined by a Federal entity receiving such 

information not to constitute a cyber threat indicator; 

(F) protect the confidentiality of cyber threat indicators 

containing personal information of specific individuals or 

information that identifies specific individuals to the 

greatest extent practicable and require recipients to be 

informed that such indicators may only be used for purposes authorized under this title; and 

(G) include steps that may be needed so that dissemination of cyber threat indicators is consistent with the 

protection of classified and other sensitive national security 

information. 

(c) CAPABILITY AND PROCESS WITHIN THE DEPARTMENT OF

HOMELAND SECURITY.— 

(1) IN GENERAL.—Not later than 90 days after the date 

of the enactment of this Act, the Secretary of Homeland Security, in coordination with the heads of the appropriate Federal 

entities, shall develop and implement a capability and process 

within the Department of Homeland Security that— 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2947 

(A) shall accept from any non-Federal entity in real 

time cyber threat indicators and defensive measures, pursuant to this section; 

(B) shall, upon submittal of the certification under 

paragraph (2) that such capability and process fully and 

effectively operates as described in such paragraph, be 

the process by which the Federal Government receives 

cyber threat indicators and defensive measures under this 

title that are shared by a non-Federal entity with the 

Federal Government through electronic mail or media, an 

interactive form on an Internet website, or a real time, 

automated process between information systems except— 

(i) consistent with section 104, communications 

between a Federal entity and a non-Federal entity 

regarding a previously shared cyber threat indicator 

to describe the relevant cybersecurity threat or develop 

a defensive measure based on such cyber threat indicator; and 

(ii) communications by a regulated non-Federal 

entity with such entity’s Federal regulatory authority 

regarding a cybersecurity threat; 

(C) ensures that all of the appropriate Federal entities 

receive in an automated manner such cyber threat indicators and defensive measures shared through the real-time 

process within the Department of Homeland Security; 

(D) is in compliance with the policies, procedures, and 

guidelines required by this section; and 

(E) does not limit or prohibit otherwise lawful disclosures of communications, records, or other information, 

including— 

(i) reporting of known or suspected criminal 

activity, by a non-Federal entity to any other nonFederal entity or a Federal entity, including cyber 

threat indicators or defensive measures shared with 

a Federal entity in furtherance of opening a Federal 

law enforcement investigation; 

(ii) voluntary or legally compelled participation in 

a Federal investigation; and 

(iii) providing cyber threat indicators or defensive 

measures as part of a statutory or authorized contractual requirement. 

(2) CERTIFICATION AND DESIGNATION.— 

(A) CERTIFICATION OF CAPABILITY AND PROCESS.—Not 

later than 90 days after the date of the enactment of 

this Act, the Secretary of Homeland Security shall, in consultation with the heads of the appropriate Federal entities, 

submit to Congress a certification as to whether the capability and process required by paragraph (1) fully and effectively operates— 

(i) as the process by which the Federal Government 

receives from any non-Federal entity a cyber threat 

indicator or defensive measure under this title; and 

(ii) in accordance with the interim policies, procedures, and guidelines developed under this title. 

(B) DESIGNATION.— (i) IN GENERAL.—At any time after certification 

is submitted under subparagraph (A), the President 


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129 STAT. 2948 PUBLIC LAW 114–113—DEC. 18, 2015 

may designate an appropriate Federal entity, other 

than the Department of Defense (including the 

National Security Agency), to develop and implement 

a capability and process as described in paragraph 

(1) in addition to the capability and process developed 

under such paragraph by the Secretary of Homeland 

Security, if, not fewer than 30 days before making 

such designation, the President submits to Congress 

a certification and explanation that— 

(I) such designation is necessary to ensure 

that full, effective, and secure operation of a capability and process for the Federal Government to 

receive from any non-Federal entity cyber threat 

indicators or defensive measures under this title; 

(II) the designated appropriate Federal entity 

will receive and share cyber threat indicators and 

defensive measures in accordance with the policies, 

procedures, and guidelines developed under this 

title, including subsection (a)(3)(A); and 

(III) such designation is consistent with the 

mission of such appropriate Federal entity and 

improves the ability of the Federal Government 

to receive, share, and use cyber threat indicators 

and defensive measures as authorized under this 

title. 

(ii) APPLICATION TO ADDITIONAL CAPABILITY AND

PROCESS.—If the President designates an appropriate 

Federal entity to develop and implement a capability 

and process under clause (i), the provisions of this 

title that apply to the capability and process required 

by paragraph (1) shall also be construed to apply to 

the capability and process developed and implemented 

under clause (i). 

(3) PUBLIC NOTICE AND ACCESS.—The Secretary of Homeland Security shall ensure there is public notice of, and access 

to, the capability and process developed and implemented under 

paragraph (1) so that— 

(A) any non-Federal entity may share cyber threat 

indicators and defensive measures through such process 

with the Federal Government; and 

(B) all of the appropriate Federal entities receive such 

cyber threat indicators and defensive measures in real 

time with receipt through the process within the Department of Homeland Security consistent with the policies 

and procedures issued under subsection (a). 

(4) OTHER FEDERAL ENTITIES.—The process developed and 

implemented under paragraph (1) shall ensure that other Federal entities receive in a timely manner any cyber threat indicators and defensive measures shared with the Federal Government through such process. 

(d) INFORMATION SHARED WITH OR PROVIDED TO THE FEDERAL

GOVERNMENT.— 

(1) NO WAIVER OF PRIVILEGE OR PROTECTION.—The provision of cyber threat indicators and defensive measures to the 

Federal Government under this title shall not constitute a 

waiver of any applicable privilege or protection provided by 

law, including trade secret protection. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2949 

(2) PROPRIETARY INFORMATION.—Consistent with section 

104(c)(2) and any other applicable provision of law, a cyber 

threat indicator or defensive measure provided by a non-Federal 

entity to the Federal Government under this title shall be 

considered the commercial, financial, and proprietary information of such non-Federal entity when so designated by the 

originating non-Federal entity or a third party acting in accordance with the written authorization of the originating nonFederal entity. 

(3) EXEMPTION FROM DISCLOSURE.—A cyber threat indicator 

or defensive measure shared with the Federal Government 

under this title shall be— 

(A) deemed voluntarily shared information and exempt 

from disclosure under section 552 of title 5, United States 

Code, and any State, tribal, or local provision of law 

requiring disclosure of information or records; and 

(B) withheld, without discretion, from the public under 

section 552(b)(3)(B) of title 5, United States Code, and 

any State, tribal, or local provision of law requiring disclosure of information or records. 

(4) EX PARTE COMMUNICATIONS.—The provision of a cyber 

threat indicator or defensive measure to the Federal Government under this title shall not be subject to a rule of any 

Federal agency or department or any judicial doctrine regarding 

ex parte communications with a decision-making official. 

(5) DISCLOSURE, RETENTION, AND USE.— 

(A) AUTHORIZED ACTIVITIES.—Cyber threat indicators 

and defensive measures provided to the Federal Government under this title may be disclosed to, retained by, 

and used by, consistent with otherwise applicable provisions of Federal law, any Federal agency or department, 

component, officer, employee, or agent of the Federal 

Government solely for— 

(i) a cybersecurity purpose; 

(ii) the purpose of identifying— 

(I) a cybersecurity threat, including the source 

of such cybersecurity threat; or 

(II) a security vulnerability; 

(iii) the purpose of responding to, or otherwise 

preventing or mitigating, a specific threat of death, 

a specific threat of serious bodily harm, or a specific 

threat of serious economic harm, including a terrorist 

act or a use of a weapon of mass destruction; 

(iv) the purpose of responding to, investigating, 

prosecuting, or otherwise preventing or mitigating, a 

serious threat to a minor, including sexual exploitation 

and threats to physical safety; or 

(v) the purpose of preventing, investigating, disrupting, or prosecuting an offense arising out of a 

threat described in clause (iii) or any of the offenses 

listed in— 

(I) sections 1028 through 1030 of title 18, 

United States Code (relating to fraud and identity 

theft); 

(II) chapter 37 of such title (relating to espionage and censorship); and 


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129 STAT. 2950 PUBLIC LAW 114–113—DEC. 18, 2015 

(III) chapter 90 of such title (relating to protection of trade secrets). 

(B) PROHIBITED ACTIVITIES.—Cyber threat indicators 

and defensive measures provided to the Federal Government under this title shall not be disclosed to, retained 

by, or used by any Federal agency or department for any 

use not permitted under subparagraph (A). 

(C) PRIVACY AND CIVIL LIBERTIES.—Cyber threat indicators and defensive measures provided to the Federal 

Government under this title shall be retained, used, and 

disseminated by the Federal Government— 

(i) in accordance with the policies, procedures, and 

guidelines required by subsections (a) and (b); 

(ii) in a manner that protects from unauthorized 

use or disclosure any cyber threat indicators that may 

contain— 

(I) personal information of a specific individual; or 

(II) information that identifies a specific individual; and 

(iii) in a manner that protects the confidentiality 

of cyber threat indicators containing— 

(I) personal information of a specific individual; or 

(II) information that identifies a specific individual. 

(D) FEDERAL REGULATORY AUTHORITY.— 

(i) IN GENERAL.—Except as provided in clause (ii), 

cyber threat indicators and defensive measures provided to the Federal Government under this title shall 

not be used by any Federal, State, tribal, or local 

government to regulate, including an enforcement 

action, the lawful activities of any non-Federal entity 

or any activities taken by a non-Federal entity pursuant to mandatory standards, including activities 

relating to monitoring, operating defensive measures, 

or sharing cyber threat indicators. 

(ii) EXCEPTIONS.— 

(I) REGULATORY AUTHORITY SPECIFICALLY

RELATING TO PREVENTION OR MITIGATION OF CYBERSECURITY THREATS.—Cyber threat indicators and 

defensive measures provided to the Federal 

Government under this title may, consistent with 

Federal or State regulatory authority specifically 

relating to the prevention or mitigation of cybersecurity threats to information systems, inform the 

development or implementation of regulations 

relating to such information systems. 

(II) PROCEDURES DEVELOPED AND IMPLEMENTED UNDER THIS TITLE.—Clause (i) shall not 

apply to procedures developed and implemented 

under this title. 

SEC. 106. PROTECTION FROM LIABILITY. 

(a) MONITORING OF INFORMATION SYSTEMS.—No cause of action 

shall lie or be maintained in any court against any private entity, 

and such action shall be promptly dismissed, for the monitoring 

6 USC 1505. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2951 

of an information system and information under section 104(a) 

that is conducted in accordance with this title. 

(b) SHARING OR RECEIPT OF CYBER THREAT INDICATORS.—No 

cause of action shall lie or be maintained in any court against 

any private entity, and such action shall be promptly dismissed, 

for the sharing or receipt of a cyber threat indicator or defensive 

measure under section 104(c) if— 

(1) such sharing or receipt is conducted in accordance with 

this title; and 

(2) in a case in which a cyber threat indicator or defensive 

measure is shared with the Federal Government, the cyber 

threat indicator or defensive measure is shared in a manner 

that is consistent with section 105(c)(1)(B) and the sharing 

or receipt, as the case may be, occurs after the earlier of— 

(A) the date on which the interim policies and procedures are submitted to Congress under section 105(a)(1) 

and guidelines are submitted to Congress under section 

105(b)(1); or 

(B) the date that is 60 days after the date of the 

enactment of this Act. 

(c) CONSTRUCTION.—Nothing in this title shall be construed— 

(1) to create— 

(A) a duty to share a cyber threat indicator or defensive 

measure; or 

(B) a duty to warn or act based on the receipt of 

a cyber threat indicator or defensive measure; or 

(2) to undermine or limit the availability of otherwise 

applicable common law or statutory defenses. 

SEC. 107. OVERSIGHT OF GOVERNMENT ACTIVITIES. 

(a) REPORT ON IMPLEMENTATION.— 

(1) IN GENERAL.—Not later than 1 year after the date 

of the enactment of this title, the heads of the appropriate 

Federal entities shall jointly submit to Congress a detailed 

report concerning the implementation of this title. 

(2) CONTENTS.—The report required by paragraph (1) may 

include such recommendations as the heads of the appropriate 

Federal entities may have for improvements or modifications 

to the authorities, policies, procedures, and guidelines under 

this title and shall include the following: 

(A) An evaluation of the effectiveness of real-time 

information sharing through the capability and process 

developed under section 105(c), including any impediments 

to such real-time sharing. 

(B) An assessment of whether cyber threat indicators 

or defensive measures have been properly classified and 

an accounting of the number of security clearances authorized by the Federal Government for the purpose of sharing 

cyber threat indicators or defensive measures with the 

private sector. 

(C) The number of cyber threat indicators or defensive 

measures received through the capability and process 

developed under section 105(c). 

(D) A list of Federal entities that have received cyber 

threat indicators or defensive measures under this title. 

(b) BIENNIAL REPORT ON COMPLIANCE.— 

6 USC 1506. 


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129 STAT. 2952 PUBLIC LAW 114–113—DEC. 18, 2015 

(1) IN GENERAL.—Not later than 2 years after the date 

of the enactment of this Act and not less frequently than 

once every 2 years thereafter, the inspectors general of the 

appropriate Federal entities, in consultation with the Inspector 

General of the Intelligence Community and the Council of 

Inspectors General on Financial Oversight, shall jointly submit 

to Congress an interagency report on the actions of the executive branch of the Federal Government to carry out this title 

during the most recent 2-year period. 

(2) CONTENTS.—Each report submitted under paragraph 

(1) shall include, for the period covered by the report, the 

following: 

(A) An assessment of the sufficiency of the policies, 

procedures, and guidelines relating to the sharing of cyber 

threat indicators within the Federal Government, including 

those policies, procedures, and guidelines relating to the 

removal of information not directly related to a cybersecurity threat that is personal information of a specific individual or information that identifies a specific individual. 

(B) An assessment of whether cyber threat indicators 

or defensive measures have been properly classified and 

an accounting of the number of security clearances authorized by the Federal Government for the purpose of sharing 

cyber threat indicators or defensive measures with the 

private sector. 

(C) A review of the actions taken by the Federal 

Government based on cyber threat indicators or defensive 

measures shared with the Federal Government under this 

title, including a review of the following: 

(i) The appropriateness of subsequent uses and 

disseminations of cyber threat indicators or defensive 

measures. 

(ii) Whether cyber threat indicators or defensive 

measures were shared in a timely and adequate 

manner with appropriate entities, or, if appropriate, 

were made publicly available. 

(D) An assessment of the cyber threat indicators or 

defensive measures shared with the appropriate Federal 

entities under this title, including the following: 

(i) The number of cyber threat indicators or defensive measures shared through the capability and 

process developed under section 105(c). 

(ii) An assessment of any information not directly 

related to a cybersecurity threat that is personal 

information of a specific individual or information 

identifying a specific individual and was shared by 

a non-Federal government entity with the Federal 

government in contravention of this title, or was shared 

within the Federal Government in contravention of 

the guidelines required by this title, including a 

description of any significant violation of this title. 

(iii) The number of times, according to the Attorney 

General, that information shared under this title was 

used by a Federal entity to prosecute an offense listed 

in section 105(d)(5)(A). 

(iv) A quantitative and qualitative assessment of 

the effect of the sharing of cyber threat indicators 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2953 

or defensive measures with the Federal Government 

on privacy and civil liberties of specific individuals, 

including the number of notices that were issued with 

respect to a failure to remove information not directly 

related to a cybersecurity threat that was personal 

information of a specific individual or information that 

identified a specific individual in accordance with the 

procedures required by section 105(b)(3)(E). 

(v) The adequacy of any steps taken by the Federal 

Government to reduce any adverse effect from activities 

carried out under this title on the privacy and civil 

liberties of United States persons. 

(E) An assessment of the sharing of cyber threat indicators or defensive measures among Federal entities to identify inappropriate barriers to sharing information. 

(3) RECOMMENDATIONS.—Each report submitted under this 

subsection may include such recommendations as the inspectors 

general may have for improvements or modifications to the 

authorities and processes under this title. 

(c) INDEPENDENT REPORT ON REMOVAL OF PERSONAL INFORMATION.—Not later than 3 years after the date of the enactment 

of this Act, the Comptroller General of the United States shall 

submit to Congress a report on the actions taken by the Federal 

Government to remove personal information from cyber threat 

indicators or defensive measures pursuant to this title. Such report 

shall include an assessment of the sufficiency of the policies, procedures, and guidelines established under this title in addressing 

concerns relating to privacy and civil liberties. 

(d) FORM OF REPORTS.—Each report required under this section 

shall be submitted in an unclassified form, but may include a 

classified annex. 

(e) PUBLIC AVAILABILITY OF REPORTS.—The unclassified portions of the reports required under this section shall be made 

available to the public. 

SEC. 108. CONSTRUCTION AND PREEMPTION. 

(a) OTHERWISE LAWFUL DISCLOSURES.—Nothing in this title 

shall be construed— 

(1) to limit or prohibit otherwise lawful disclosures of 

communications, records, or other information, including 

reporting of known or suspected criminal activity, by a nonFederal entity to any other non-Federal entity or the Federal 

Government under this title; or 

(2) to limit or prohibit otherwise lawful use of such disclosures by any Federal entity, even when such otherwise lawful 

disclosures duplicate or replicate disclosures made under this 

title. 

(b) WHISTLE BLOWER PROTECTIONS.—Nothing in this title shall 

be construed to prohibit or limit the disclosure of information protected under section 2302(b)(8) of title 5, United States Code (governing disclosures of illegality, waste, fraud, abuse, or public health 

or safety threats), section 7211 of title 5, United States Code (governing disclosures to Congress), section 1034 of title 10, United 

States Code (governing disclosure to Congress by members of the 

military), section 1104 of the National Security Act of 1947 (50 

U.S.C. 3234) (governing disclosure by employees of elements of 

6 USC 1507. 


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129 STAT. 2954 PUBLIC LAW 114–113—DEC. 18, 2015 

the intelligence community), or any similar provision of Federal 

or State law. 

(c) PROTECTION OF SOURCES AND METHODS.—Nothing in this 

title shall be construed— 

(1) as creating any immunity against, or otherwise 

affecting, any action brought by the Federal Government, or 

any agency or department thereof, to enforce any law, executive 

order, or procedure governing the appropriate handling, disclosure, or use of classified information; 

(2) to affect the conduct of authorized law enforcement 

or intelligence activities; or 

(3) to modify the authority of a department or agency 

of the Federal Government to protect classified information 

and sources and methods and the national security of the 

United States. 

(d) RELATIONSHIP TO OTHER LAWS.—Nothing in this title shall 

be construed to affect any requirement under any other provision 

of law for a non-Federal entity to provide information to the Federal 

Government. 

(e) PROHIBITED CONDUCT.—Nothing in this title shall be construed to permit price-fixing, allocating a market between competitors, monopolizing or attempting to monopolize a market, boycotting, or exchanges of price or cost information, customer lists, 

or information regarding future competitive planning. 

(f) INFORMATION SHARING RELATIONSHIPS.—Nothing in this title 

shall be construed— 

(1) to limit or modify an existing information sharing relationship; 

(2) to prohibit a new information sharing relationship; 

(3) to require a new information sharing relationship 

between any non-Federal entity and a Federal entity or another 

non-Federal entity; or 

(4) to require the use of the capability and process within 

the Department of Homeland Security developed under section 

105(c). 

(g) PRESERVATION OF CONTRACTUAL OBLIGATIONS AND

RIGHTS.—Nothing in this title shall be construed— 

(1) to amend, repeal, or supersede any current or future 

contractual agreement, terms of service agreement, or other 

contractual relationship between any non-Federal entities, or 

between any non-Federal entity and a Federal entity; or 

(2) to abrogate trade secret or intellectual property rights 

of any non-Federal entity or Federal entity. 

(h) ANTI-TASKING RESTRICTION.—Nothing in this title shall be 

construed to permit a Federal entity— 

(1) to require a non-Federal entity to provide information 

to a Federal entity or another non-Federal entity; 

(2) to condition the sharing of cyber threat indicators with 

a non-Federal entity on such entity’s provision of cyber threat 

indicators to a Federal entity or another non-Federal entity; 

or 

(3) to condition the award of any Federal grant, contract, 

or purchase on the provision of a cyber threat indicator to 

a Federal entity or another non-Federal entity. 

(i) NO LIABILITY FOR NON-PARTICIPATION.—Nothing in this title 

shall be construed to subject any entity to liability for choosing 

not to engage in the voluntary activities authorized in this title. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2955 

(j) USE AND RETENTION OF INFORMATION.—Nothing in this title 

shall be construed to authorize, or to modify any existing authority 

of, a department or agency of the Federal Government to retain 

or use any information shared under this title for any use other 

than permitted in this title. 

(k) FEDERAL PREEMPTION.— (1) IN GENERAL.—This title supersedes any statute or other 

provision of law of a State or political subdivision of a State 

that restricts or otherwise expressly regulates an activity 

authorized under this title. 

(2) STATE LAW ENFORCEMENT.—Nothing in this title shall 

be construed to supersede any statute or other provision of 

law of a State or political subdivision of a State concerning 

the use of authorized law enforcement practices and procedures. 

(l) REGULATORY AUTHORITY.—Nothing in this title shall be construed— 

(1) to authorize the promulgation of any regulations not 

specifically authorized to be issued under this title; 

(2) to establish or limit any regulatory authority not specifically established or limited under this title; or 

(3) to authorize regulatory actions that would duplicate 

or conflict with regulatory requirements, mandatory standards, 

or related processes under another provision of Federal law. 

(m) AUTHORITY OF SECRETARY OF DEFENSE TO RESPOND TO

MALICIOUS CYBER ACTIVITY CARRIED OUT BY FOREIGN POWERS.— 

Nothing in this title shall be construed to limit the authority 

of the Secretary of Defense under section 130g of title 10, United 

States Code. 

(n) CRIMINAL PROSECUTION.—Nothing in this title shall be construed to prevent the disclosure of a cyber threat indicator or 

defensive measure shared under this title in a case of criminal 

prosecution, when an applicable provision of Federal, State, tribal, 

or local law requires disclosure in such case. 

SEC. 109. REPORT ON CYBERSECURITY THREATS. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Director of National Intelligence, 

in coordination with the heads of other appropriate elements of 

the intelligence community, shall submit to the Select Committee 

on Intelligence of the Senate and the Permanent Select Committee 

on Intelligence of the House of Representatives a report on cybersecurity threats, including cyber attacks, theft, and data breaches. 

(b) CONTENTS.—The report required by subsection (a) shall 

include the following: 

(1) An assessment of the current intelligence sharing and 

cooperation relationships of the United States with other countries regarding cybersecurity threats, including cyber attacks, 

theft, and data breaches, directed against the United States 

and which threaten the United States national security 

interests and economy and intellectual property, specifically 

identifying the relative utility of such relationships, which elements of the intelligence community participate in such relationships, and whether and how such relationships could be 

improved. 

(2) A list and an assessment of the countries and nonstate 

actors that are the primary threats of carrying out a cybersecurity threat, including a cyber attack, theft, or data breach, 

6 USC 1508. 


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129 STAT. 2956 PUBLIC LAW 114–113—DEC. 18, 2015 

against the United States and which threaten the United States 

national security, economy, and intellectual property. 

(3) A description of the extent to which the capabilities 

of the United States Government to respond to or prevent 

cybersecurity threats, including cyber attacks, theft, or data 

breaches, directed against the United States private sector 

are degraded by a delay in the prompt notification by private 

entities of such threats or cyber attacks, theft, and data 

breaches. 

(4) An assessment of additional technologies or capabilities 

that would enhance the ability of the United States to prevent 

and to respond to cybersecurity threats, including cyber attacks, 

theft, and data breaches. 

(5) An assessment of any technologies or practices utilized 

by the private sector that could be rapidly fielded to assist 

the intelligence community in preventing and responding to 

cybersecurity threats. 

(c) FORM OF REPORT.—The report required by subsection (a) 

shall be made available in classified and unclassified forms. 

(d) INTELLIGENCE COMMUNITY DEFINED.—In this section, the 

term ‘‘intelligence community’’ has the meaning given that term 

in section 3 of the National Security Act of 1947 (50 U.S.C. 3003). 

SEC. 110. EXCEPTION TO LIMITATION ON AUTHORITY OF SECRETARY 

OF DEFENSE TO DISSEMINATE CERTAIN INFORMATION. 

Notwithstanding subsection (c)(3) of section 393 of title 10, 

United States Code, the Secretary of Defense may authorize the 

sharing of cyber threat indicators and defensive measures pursuant 

to the policies, procedures, and guidelines developed or issued under 

this title. 

SEC. 111. EFFECTIVE PERIOD. 

(a) IN GENERAL.—Except as provided in subsection (b), this 

title and the amendments made by this title shall be effective 

during the period beginning on the date of the enactment of this 

Act and ending on September 30, 2025. 

(b) EXCEPTION.—With respect to any action authorized by this 

title or information obtained pursuant to an action authorized by 

this title, which occurred before the date on which the provisions 

referred to in subsection (a) cease to have effect, the provisions 

of this title shall continue in effect. 

TITLE II—NATIONAL CYBERSECURITY 

ADVANCEMENT 

Subtitle A—National Cybersecurity and 

Communications Integration Center 

SEC. 201. SHORT TITLE. 

This subtitle may be cited as the ‘‘National Cybersecurity 

Protection Advancement Act of 2015’’. 

SEC. 202. DEFINITIONS. 

In this subtitle: 

6 USC 131 note. 

National 

Cybersecurity 

Protection 

Advancement Act 

of 2015. 

6 USC 101 note. 

6 USC 1510. 

6 USC 1509. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2957 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and 

(B) the Committee on Homeland Security of the House 

of Representatives. 

(2) CYBERSECURITY RISK; INCIDENT.—The terms ‘‘cybersecurity risk’’ and ‘‘incident’’ have the meanings given those terms 

in section 227 of the Homeland Security Act of 2002, as so 

redesignated by section 223(a)(3) of this division. 

(3) CYBER THREAT INDICATOR; DEFENSIVE MEASURE.—The 

terms ‘‘cyber threat indicator’’ and ‘‘defensive measure’’ have 

the meanings given those terms in section 102. 

(4) DEPARTMENT.—The term ‘‘Department’’ means the 

Department of Homeland Security. 

(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Homeland Security. 

SEC. 203. INFORMATION SHARING STRUCTURE AND PROCESSES. 

Section 227 of the Homeland Security Act of 2002, as so redesignated by section 223(a)(3) of this division, is amended— 

(1) in subsection (a)— 

(A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; 

(B) by striking paragraphs (1) and (2) and inserting 

the following: 

‘‘(1) the term ‘cybersecurity risk’— 

‘‘(A) means threats to and vulnerabilities of information 

or information systems and any related consequences 

caused by or resulting from unauthorized access, use, 

disclosure, degradation, disruption, modification, or 

destruction of such information or information systems, 

including such related consequences caused by an act of 

terrorism; and 

‘‘(B) does not include any action that solely involves 

a violation of a consumer term of service or a consumer 

licensing agreement; 

‘‘(2) the terms ‘cyber threat indicator’ and ‘defensive 

measure’ have the meanings given those terms in section 102 

of the Cybersecurity Act of 2015; 

‘‘(3) the term ‘incident’ means an occurrence that actually 

or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information on an 

information system, or actually or imminently jeopardizes, without lawful authority, an information system;’’; 

(C) in paragraph (4), as so redesignated, by striking 

‘‘and’’ at the end; 

(D) in paragraph (5), as so redesignated, by striking 

the period at the end and inserting ‘‘; and’’; and 

(E) by adding at the end the following: 

‘‘(6) the term ‘sharing’ (including all conjugations thereof) 

means providing, receiving, and disseminating (including all 

conjugations of each of such terms).’’; 

(2) in subsection (c)— 

(A) in paragraph (1)— 

6 USC 148. 


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129 STAT. 2958 PUBLIC LAW 114–113—DEC. 18, 2015 

(i) by inserting ‘‘, including the implementation 

of title I of the Cybersecurity Act of 2015’’ before the 

semicolon at the end; and 

(ii) by inserting ‘‘cyber threat indicators, defensive 

measures,’’ before ‘‘cybersecurity risks’’; 

(B) in paragraph (3), by striking ‘‘cybersecurity risks’’ 

and inserting ‘‘cyber threat indicators, defensive measures, 

cybersecurity risks,’’; 

(C) in paragraph (5)(A), by striking ‘‘cybersecurity 

risks’’ and inserting ‘‘cyber threat indicators, defensive 

measures, cybersecurity risks,’’; 

(D) in paragraph (6)— 

(i) by striking ‘‘cybersecurity risks’’ and inserting 

‘‘cyber threat indicators, defensive measures, cybersecurity risks,’’; and 

(ii) by striking ‘‘and’’ at the end; 

(E) in paragraph (7)— 

(i) in subparagraph (A), by striking ‘‘and’’ at the 

end; 

(ii) in subparagraph (B), by striking the period 

at the end and inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 

‘‘(C) sharing cyber threat indicators and defensive 

measures;’’; and 

(F) by adding at the end the following: 

‘‘(8) engaging with international partners, in consultation 

with other appropriate agencies, to— 

‘‘(A) collaborate on cyber threat indicators, defensive 

measures, and information related to cybersecurity risks 

and incidents; and 

‘‘(B) enhance the security and resilience of global cybersecurity; 

‘‘(9) sharing cyber threat indicators, defensive measures, 

and other information related to cybersecurity risks and 

incidents with Federal and non-Federal entities, including 

across sectors of critical infrastructure and with State and 

major urban area fusion centers, as appropriate; 

‘‘(10) participating, as appropriate, in national exercises 

run by the Department; and 

‘‘(11) in coordination with the Office of Emergency Communications of the Department, assessing and evaluating consequence, vulnerability, and threat information regarding cyber 

incidents to public safety communications to help facilitate 

continuous improvements to the security and resiliency of such 

communications.’’; 

(3) in subsection (d)(1)— 

(A) in subparagraph (B)— 

(i) in clause (i), by striking ‘‘and local’’ and 

inserting ‘‘, local, and tribal’’; 

(ii) in clause (ii), by striking ‘‘; and’’ and inserting 

‘‘, including information sharing and analysis centers;’’; 

(iii) in clause (iii), by adding ‘‘and’’ at the end; 

and 

(iv) by adding at the end the following: 

‘‘(iv) private entities;’’. 

(B) in subparagraph (D), by striking ‘‘and’’ at the end; 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2959 

(C) by redesignating subparagraph (E) as subparagraph (F); and 

(D) by inserting after subparagraph (D) the following: 

‘‘(E) an entity that collaborates with State and local 

governments on cybersecurity risks and incidents, and has 

entered into a voluntary information sharing relationship 

with the Center; and’’; 

(4) in subsection (e)— 

(A) in paragraph (1)— 

(i) in subparagraph (A), by inserting ‘‘cyber threat 

indicators, defensive measures, and’’ before ‘‘information’’; 

(ii) in subparagraph (B), by inserting ‘‘cyber threat 

indicators, defensive measures, and’’ before ‘‘information related’’; 

(iii) in subparagraph (F)— 

(I) by striking ‘‘cybersecurity risks’’ and 

inserting ‘‘cyber threat indicators, defensive measures, cybersecurity risks,’’; and 

(II) by striking ‘‘and’’ at the end; 

(iv) in subparagraph (G), by striking ‘‘cybersecurity 

risks and incidents’’ and inserting ‘‘cyber threat indicators, defensive measures, cybersecurity risks, and 

incidents; and’’; and 

(v) by adding at the end the following: 

‘‘(H) the Center designates an agency contact for nonFederal entities;’’; 

(B) in paragraph (2)— 

(i) by striking ‘‘cybersecurity risks’’ and inserting 

‘‘cyber threat indicators, defensive measures, cybersecurity risks,’’; and 

(ii) by inserting ‘‘or disclosure’’ after ‘‘access’’; and 

(C) in paragraph (3), by inserting before the period 

at the end the following: ‘‘, including by working with 

the Privacy Officer appointed under section 222 to ensure 

that the Center follows the policies and procedures specified 

in subsections (b) and (d)(5)(C) of section 105 of the Cybersecurity Act of 2015’’; and 

(5) by adding at the end the following: 

‘‘(g) AUTOMATED INFORMATION SHARING.— 

‘‘(1) IN GENERAL.—The Under Secretary appointed under 

section 103(a)(1)(H), in coordination with industry and other 

stakeholders, shall develop capabilities making use of existing 

information technology industry standards and best practices, 

as appropriate, that support and rapidly advance the development, adoption, and implementation of automated mechanisms 

for the sharing of cyber threat indicators and defensive measures in accordance with title I of the Cybersecurity Act of 

2015. 

‘‘(2) ANNUAL REPORT.—The Under Secretary appointed 

under section 103(a)(1)(H) shall submit to the Committee on 

Homeland Security and Governmental Affairs of the Senate 

and the Committee on Homeland Security of the House of 

Representatives an annual report on the status and progress 

of the development of the capabilities described in paragraph 

(1). Such reports shall be required until such capabilities are 

fully implemented. 


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129 STAT. 2960 PUBLIC LAW 114–113—DEC. 18, 2015 

‘‘(h) VOLUNTARY INFORMATION SHARING PROCEDURES.— 

‘‘(1) PROCEDURES.— 

‘‘(A) IN GENERAL.—The Center may enter into a voluntary information sharing relationship with any consenting non-Federal entity for the sharing of cyber threat 

indicators and defensive measures for cybersecurity purposes in accordance with this section. Nothing in this subsection may be construed to require any non-Federal entity 

to enter into any such information sharing relationship 

with the Center or any other entity. The Center may terminate a voluntary information sharing relationship under 

this subsection, at the sole and unreviewable discretion 

of the Secretary, acting through the Under Secretary 

appointed under section 103(a)(1)(H), for any reason, 

including if the Center determines that the non-Federal 

entity with which the Center has entered into such a 

relationship has violated the terms of this subsection. 

‘‘(B) NATIONAL SECURITY.—The Secretary may decline 

to enter into a voluntary information sharing relationship 

under this subsection, at the sole and unreviewable discretion of the Secretary, acting through the Under Secretary 

appointed under section 103(a)(1)(H), for any reason, 

including if the Secretary determines that such is appropriate for national security. 

‘‘(2) VOLUNTARY INFORMATION SHARING RELATIONSHIPS.— 

A voluntary information sharing relationship under this subsection may be characterized as an agreement described in 

this paragraph. 

‘‘(A) STANDARD AGREEMENT.—For the use of a nonFederal entity, the Center shall make available a standard 

agreement, consistent with this section, on the Department’s website. 

‘‘(B) NEGOTIATED AGREEMENT.—At the request of a nonFederal entity, and if determined appropriate by the 

Center, at the sole and unreviewable discretion of the Secretary, acting through the Under Secretary appointed 

under section 103(a)(1)(H), the Department shall negotiate 

a non-standard agreement, consistent with this section. 

‘‘(C) EXISTING AGREEMENTS.—An agreement between 

the Center and a non-Federal entity that is entered into 

before the date of enactment of this subsection, or such 

an agreement that is in effect before such date, shall be 

deemed in compliance with the requirements of this subsection, notwithstanding any other provision or requirement of this subsection. An agreement under this subsection shall include the relevant privacy protections as 

in effect under the Cooperative Research and Development 

Agreement for Cybersecurity Information Sharing and 

Collaboration, as of December 31, 2014. Nothing in this 

subsection may be construed to require a non-Federal entity 

to enter into either a standard or negotiated agreement 

to be in compliance with this subsection. 

‘‘(i) DIRECT REPORTING.—The Secretary shall develop policies 

and procedures for direct reporting to the Secretary by the Director 

of the Center regarding significant cybersecurity risks and incidents. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2961 

‘‘(j) REPORTS ON INTERNATIONAL COOPERATION.—Not later than 

180 days after the date of enactment of this subsection, and periodically thereafter, the Secretary of Homeland Security shall submit 

to the Committee on Homeland Security and Governmental Affairs 

of the Senate and the Committee on Homeland Security of the 

House of Representatives a report on the range of efforts underway 

to bolster cybersecurity collaboration with relevant international 

partners in accordance with subsection (c)(8). 

‘‘(k) OUTREACH.—Not later than 60 days after the date of enactment of this subsection, the Secretary, acting through the Under 

Secretary appointed under section 103(a)(1)(H), shall— 

‘‘(1) disseminate to the public information about how to 

voluntarily share cyber threat indicators and defensive measures with the Center; and 

‘‘(2) enhance outreach to critical infrastructure owners and 

operators for purposes of such sharing. 

‘‘(l) COORDINATED VULNERABILITY DISCLOSURE.—The Secretary, 

in coordination with industry and other stakeholders, may develop 

and adhere to Department policies and procedures for coordinating 

vulnerability disclosures.’’. 

SEC. 204. INFORMATION SHARING AND ANALYSIS ORGANIZATIONS. 

Section 212 of the Homeland Security Act of 2002 (6 U.S.C. 

131) is amended— 

(1) in paragraph (5)— 

(A) in subparagraph (A)— 

(i) by inserting ‘‘, including information related 

to cybersecurity risks and incidents,’’ after ‘‘critical 

infrastructure information’’; and 

(ii) by inserting ‘‘, including cybersecurity risks 

and incidents,’’ after ‘‘related to critical infrastructure’’; 

(B) in subparagraph (B)— 

(i) by inserting ‘‘, including cybersecurity risks and 

incidents,’’ after ‘‘critical infrastructure information’’; 

and 

(ii) by inserting ‘‘, including cybersecurity risks 

and incidents,’’ after ‘‘related to critical infrastructure’’; 

and 

(C) in subparagraph (C), by inserting ‘‘, including cybersecurity risks and incidents,’’ after ‘‘critical infrastructure 

information’’; and 

(2) by adding at the end the following: 

‘‘(8) CYBERSECURITY RISK; INCIDENT.—The terms ‘cybersecurity risk’ and ‘incident’ have the meanings given those terms 

in section 227.’’. 

SEC. 205. NATIONAL RESPONSE FRAMEWORK. 

Section 228 of the Homeland Security Act of 2002, as added 

by section 223(a)(4) of this division, is amended by adding at the 

end the following: 

‘‘(d) NATIONAL RESPONSE FRAMEWORK.—The Secretary, in 

coordination with the heads of other appropriate Federal departments and agencies, and in accordance with the National Cybersecurity Incident Response Plan required under subsection (c), shall 

regularly update, maintain, and exercise the Cyber Incident Annex 

to the National Response Framework of the Department.’’. 

6 USC 149. 


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129 STAT. 2962 PUBLIC LAW 114–113—DEC. 18, 2015 

SEC. 206. REPORT ON REDUCING CYBERSECURITY RISKS IN DHS DATA 

CENTERS. 

Not later than 1 year after the date of the enactment of this 

Act, the Secretary shall submit to the appropriate congressional 

committees a report on the feasibility of the Department creating 

an environment for the reduction in cybersecurity risks in Department data centers, including by increasing compartmentalization 

between systems, and providing a mix of security controls between 

such compartments. 

SEC. 207. ASSESSMENT. 

Not later than 2 years after the date of enactment of this 

Act, the Comptroller General of the United States shall submit 

to the appropriate congressional committees a report that includes— 

(1) an assessment of the implementation by the Secretary 

of this title and the amendments made by this title; and 

(2) to the extent practicable, findings regarding increases 

in the sharing of cyber threat indicators, defensive measures, 

and information relating to cybersecurity risks and incidents 

at the center established under section 227 of the Homeland 

Security Act of 2002, as redesignated by section 223(a) of this 

division, and throughout the United States. 

SEC. 208. MULTIPLE SIMULTANEOUS CYBER INCIDENTS AT CRITICAL 

INFRASTRUCTURE. 

Not later than 1 year after the date of enactment of this 

Act, the Under Secretary appointed under section 103(a)(1)(H) of 

the Homeland Security Act of 2002 (6 U.S.C. 113(a)(1)(H)) shall 

provide information to the appropriate congressional committees 

on the feasibility of producing a risk-informed plan to address 

the risk of multiple simultaneous cyber incidents affecting critical 

infrastructure, including cyber incidents that may have a cascading 

effect on other critical infrastructure. 

SEC. 209. REPORT ON CYBERSECURITY VULNERABILITIES OF UNITED 

STATES PORTS. 

Not later than 180 days after the date of enactment of this 

Act, the Secretary shall submit to the appropriate congressional 

committees, the Committee on Commerce, Science and Transportation of the Senate, and the Committee on Transportation and 

Infrastructure of the House of Representatives a report on cybersecurity vulnerabilities for the 10 United States ports that the Secretary determines are at greatest risk of a cybersecurity incident 

and provide recommendations to mitigate such vulnerabilities. 

SEC. 210. PROHIBITION ON NEW REGULATORY AUTHORITY. 

Nothing in this subtitle or the amendments made by this subtitle may be construed to grant the Secretary any authority to 

promulgate regulations or set standards relating to the cybersecurity of non-Federal entities, not including State, local, and tribal 

governments, that was not in effect on the day before the date 

of enactment of this Act. 

SEC. 211. TERMINATION OF REPORTING REQUIREMENTS. 

Any reporting requirements in this subtitle shall terminate 

on the date that is 7 years after the date of enactment of this 

Act. 

6 USC 148 note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2963 

Subtitle B—Federal Cybersecurity 

Enhancement 

SEC. 221. SHORT TITLE. 

This subtitle may be cited as the ‘‘Federal Cybersecurity 

Enhancement Act of 2015’’. 

SEC. 222. DEFINITIONS. 

In this subtitle: 

(1) AGENCY.—The term ‘‘agency’’ has the meaning given 

the term in section 3502 of title 44, United States Code. 

(2) AGENCY INFORMATION SYSTEM.—The term ‘‘agency 

information system’’ has the meaning given the term in section 

228 of the Homeland Security Act of 2002, as added by section 

223(a)(4) of this division. 

(3) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and 

(B) the Committee on Homeland Security of the House 

of Representatives. 

(4) CYBERSECURITY RISK; INFORMATION SYSTEM.—The terms 

‘‘cybersecurity risk’’ and ‘‘information system’’ have the 

meanings given those terms in section 227 of the Homeland 

Security Act of 2002, as so redesignated by section 223(a)(3) 

of this division. 

(5) DIRECTOR.—The term ‘‘Director’’ means the Director 

of the Office of Management and Budget. 

(6) INTELLIGENCE COMMUNITY.—The term ‘‘intelligence 

community’’ has the meaning given the term in section 3(4) 

of the National Security Act of 1947 (50 U.S.C. 3003(4)). 

(7) NATIONAL SECURITY SYSTEM.—The term ‘‘national security system’’ has the meaning given the term in section 11103 

of title 40, United States Code. 

(8) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Homeland Security. 

SEC. 223. IMPROVED FEDERAL NETWORK SECURITY. 

(a) IN GENERAL.—Subtitle C of title II of the Homeland Security 

Act of 2002 (6 U.S.C. 141 et seq.) is amended— 

(1) by redesignating section 228 as section 229; 

(2) by redesignating section 227 as subsection (c) of section 

228, as added by paragraph (4), and adjusting the margins 

accordingly; 

(3) by redesignating the second section designated as section 226 (relating to the national cybersecurity and communications integration center) as section 227; 

(4) by inserting after section 227, as so redesignated, the 

following: 

‘‘SEC. 228. CYBERSECURITY PLANS. 

‘‘(a) DEFINITIONS.—In this section— 

‘‘(1) the term ‘agency information system’ means an 

information system used or operated by an agency or by another 

entity on behalf of an agency; 

6 USC 149. 

6 USC 148. 

6 USC 149. 

6 USC 150. 

6 USC 1521. 

6 USC 1501 note. 

Federal 

Cybersecurity 

Enhancement 

Act of 2015. 


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129 STAT. 2964 PUBLIC LAW 114–113—DEC. 18, 2015 

‘‘(2) the terms ‘cybersecurity risk’ and ‘information system’ 

have the meanings given those terms in section 227; 

‘‘(3) the term ‘intelligence community’ has the meaning 

given the term in section 3(4) of the National Security Act 

of 1947 (50 U.S.C. 3003(4)); and 

‘‘(4) the term ‘national security system’ has the meaning 

given the term in section 11103 of title 40, United States 

Code. 

‘‘(b) INTRUSION ASSESSMENT PLAN.— ‘‘(1) REQUIREMENT.—The Secretary, in coordination with 

the Director of the Office of Management and Budget, shall— 

‘‘(A) develop and implement an intrusion assessment 

plan to proactively detect, identify, and remove intruders 

in agency information systems on a routine basis; and 

‘‘(B) update such plan as necessary. 

‘‘(2) EXCEPTION.—The intrusion assessment plan required 

under paragraph (1) shall not apply to the Department of 

Defense, a national security system, or an element of the intelligence community.’’; 

(5) in section 228(c), as so redesignated, by striking ‘‘section 

226’’ and inserting ‘‘section 227’’; and 

(6) by inserting after section 229, as so redesignated, the 

following: 

‘‘SEC. 230. FEDERAL INTRUSION DETECTION AND PREVENTION 

SYSTEM. 

‘‘(a) DEFINITIONS.—In this section— 

‘‘(1) the term ‘agency’ has the meaning given the term 

in section 3502 of title 44, United States Code; 

‘‘(2) the term ‘agency information’ means information collected or maintained by or on behalf of an agency; 

‘‘(3) the term ‘agency information system’ has the meaning 

given the term in section 228; and 

‘‘(4) the terms ‘cybersecurity risk’ and ‘information system’ 

have the meanings given those terms in section 227. 

‘‘(b) REQUIREMENT.— 

‘‘(1) IN GENERAL.—Not later than 1 year after the date 

of enactment of this section, the Secretary shall deploy, operate, 

and maintain, to make available for use by any agency, with 

or without reimbursement— 

‘‘(A) a capability to detect cybersecurity risks in network traffic transiting or traveling to or from an agency 

information system; and 

‘‘(B) a capability to prevent network traffic associated 

with such cybersecurity risks from transiting or traveling 

to or from an agency information system or modify such 

network traffic to remove the cybersecurity risk. 

‘‘(2) REGULAR IMPROVEMENT.—The Secretary shall regularly 

deploy new technologies and modify existing technologies to 

the intrusion detection and prevention capabilities described 

in paragraph (1) as appropriate to improve the intrusion detection and prevention capabilities. 

‘‘(c) ACTIVITIES.—In carrying out subsection (b), the Secretary— 

‘‘(1) may access, and the head of an agency may disclose 

to the Secretary or a private entity providing assistance to 

the Secretary under paragraph (2), information transiting or 

traveling to or from an agency information system, regardless 

6 USC 151. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2965 

of the location from which the Secretary or a private entity 

providing assistance to the Secretary under paragraph (2) 

accesses such information, notwithstanding any other provision 

of law that would otherwise restrict or prevent the head of 

an agency from disclosing such information to the Secretary 

or a private entity providing assistance to the Secretary under 

paragraph (2); 

‘‘(2) may enter into contracts or other agreements with, 

or otherwise request and obtain the assistance of, private entities to deploy, operate, and maintain technologies in accordance 

with subsection (b); 

‘‘(3) may retain, use, and disclose information obtained 

through the conduct of activities authorized under this section 

only to protect information and information systems from cybersecurity risks; 

‘‘(4) shall regularly assess through operational test and 

evaluation in real world or simulated environments available 

advanced protective technologies to improve detection and 

prevention capabilities, including commercial and noncommercial technologies and detection technologies beyond signaturebased detection, and acquire, test, and deploy such technologies 

when appropriate; 

‘‘(5) shall establish a pilot through which the Secretary 

may acquire, test, and deploy, as rapidly as possible, technologies described in paragraph (4); and 

‘‘(6) shall periodically update the privacy impact assessment 

required under section 208(b) of the E-Government Act of 2002 

(44 U.S.C. 3501 note). 

‘‘(d) PRINCIPLES.—In carrying out subsection (b), the Secretary 

shall ensure that— 

‘‘(1) activities carried out under this section are reasonably 

necessary for the purpose of protecting agency information and 

agency information systems from a cybersecurity risk; 

‘‘(2) information accessed by the Secretary will be retained 

no longer than reasonably necessary for the purpose of protecting agency information and agency information systems 

from a cybersecurity risk; 

‘‘(3) notice has been provided to users of an agency information system concerning access to communications of users of 

the agency information system for the purpose of protecting 

agency information and the agency information system; and 

‘‘(4) the activities are implemented pursuant to policies 

and procedures governing the operation of the intrusion detection and prevention capabilities. 

‘‘(e) PRIVATE ENTITIES.— 

‘‘(1) CONDITIONS.—A private entity described in subsection 

(c)(2) may not— 

‘‘(A) disclose any network traffic transiting or traveling 

to or from an agency information system to any entity 

other than the Department or the agency that disclosed 

the information under subsection (c)(1), including personal 

information of a specific individual or information that 

identifies a specific individual not directly related to a 

cybersecurity risk; or 

‘‘(B) use any network traffic transiting or traveling 

to or from an agency information system to which the 

private entity gains access in accordance with this section 


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129 STAT. 2966 PUBLIC LAW 114–113—DEC. 18, 2015 

for any purpose other than to protect agency information 

and agency information systems against cybersecurity risks 

or to administer a contract or other agreement entered 

into pursuant to subsection (c)(2) or as part of another 

contract with the Secretary. 

‘‘(2) LIMITATION ON LIABILITY.—No cause of action shall 

lie in any court against a private entity for assistance provided 

to the Secretary in accordance with this section and any contract or agreement entered into pursuant to subsection (c)(2). 

‘‘(3) RULE OF CONSTRUCTION.—Nothing in paragraph (2) 

shall be construed to authorize an Internet service provider 

to break a user agreement with a customer without the consent 

of the customer. 

‘‘(f) PRIVACY OFFICER REVIEW.—Not later than 1 year after 

the date of enactment of this section, the Privacy Officer appointed 

under section 222, in consultation with the Attorney General, shall 

review the policies and guidelines for the program carried out 

under this section to ensure that the policies and guidelines are 

consistent with applicable privacy laws, including those governing 

the acquisition, interception, retention, use, and disclosure of 

communications.’’. 

(b) AGENCY RESPONSIBILITIES.— 

(1) IN GENERAL.—Except as provided in paragraph (2)— 

(A) not later than 1 year after the date of enactment 

of this Act or 2 months after the date on which the Secretary makes available the intrusion detection and prevention capabilities under section 230(b)(1) of the Homeland 

Security Act of 2002, as added by subsection (a), whichever 

is later, the head of each agency shall apply and continue 

to utilize the capabilities to all information traveling 

between an agency information system and any information 

system other than an agency information system; and 

(B) not later than 6 months after the date on which 

the Secretary makes available improvements to the intrusion detection and prevention capabilities pursuant to section 230(b)(2) of the Homeland Security Act of 2002, as 

added by subsection (a), the head of each agency shall 

apply and continue to utilize the improved intrusion detection and prevention capabilities. 

(2) EXCEPTION.—The requirements under paragraph (1) 

shall not apply to the Department of Defense, a national security system, or an element of the intelligence community. 

(3) DEFINITION.—Notwithstanding section 222, in this subsection, the term ‘‘agency information system’’ means an 

information system owned or operated by an agency. 

(4) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall be construed to limit an agency from applying the intrusion detection and prevention capabilities to an information 

system other than an agency information system under section 

230(b)(1) of the Homeland Security Act of 2002, as added by 

subsection (a), at the discretion of the head of the agency 

or as provided in relevant policies, directives, and guidelines. 

(c) TABLE OF CONTENTS AMENDMENT.—The table of contents 

in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 

101 note) is amended by striking the items relating to the first 

section designated as section 226, the second section designated 

6 USC 151 note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2967 

as section 226 (relating to the national cybersecurity and communications integration center), section 227, and section 228 and 

inserting the following: 

‘‘Sec. 226. Cybersecurity recruitment and retention. 

‘‘Sec. 227. National cybersecurity and communications integration center. 

‘‘Sec. 228. Cybersecurity plans. 

‘‘Sec. 229. Clearances. 

‘‘Sec. 230. Federal intrusion detection and prevention system.’’. 

SEC. 224. ADVANCED INTERNAL DEFENSES. 

(a) ADVANCED NETWORK SECURITY TOOLS.— (1) IN GENERAL.—The Secretary shall include, in the efforts 

of the Department to continuously diagnose and mitigate cybersecurity risks, advanced network security tools to improve visibility of network activity, including through the use of commercial and free or open source tools, and to detect and mitigate 

intrusions and anomalous activity. 

(2) DEVELOPMENT OF PLAN.—The Director shall develop 

and the Secretary shall implement a plan to ensure that each 

agency utilizes advanced network security tools, including those 

described in paragraph (1), to detect and mitigate intrusions 

and anomalous activity. 

(b) PRIORITIZING ADVANCED SECURITY TOOLS.—The Director 

and the Secretary, in consultation with appropriate agencies, shall— 

(1) review and update Government-wide policies and programs to ensure appropriate prioritization and use of network 

security monitoring tools within agency networks; and 

(2) brief appropriate congressional committees on such 

prioritization and use. 

(c) IMPROVED METRICS.—The Secretary, in collaboration with 

the Director, shall review and update the metrics used to measure 

security under section 3554 of title 44, United States Code, to 

include measures of intrusion and incident detection and response 

times. 

(d) TRANSPARENCY AND ACCOUNTABILITY.—The Director, in consultation with the Secretary, shall increase transparency to the 

public on agency cybersecurity posture, including by increasing 

the number of metrics available on Federal Government performance websites and, to the greatest extent practicable, displaying 

metrics for department components, small agencies, and microagencies. 

(e) MAINTENANCE OF TECHNOLOGIES.—Section 3553(b)(6)(B) of 

title 44, United States Code, is amended by inserting ‘‘, operating, 

and maintaining’’ after ‘‘deploying’’. 

(f) EXCEPTION.—The requirements under this section shall not 

apply to the Department of Defense, a national security system, 

or an element of the intelligence community. 

SEC. 225. FEDERAL CYBERSECURITY REQUIREMENTS. 

(a) IMPLEMENTATION OF FEDERAL CYBERSECURITY STANDARDS.—Consistent with section 3553 of title 44, United States Code, 

the Secretary, in consultation with the Director, shall exercise the 

authority to issue binding operational directives to assist the 

Director in ensuring timely agency adoption of and compliance 

with policies and standards promulgated under section 11331 of 

title 40, United States Code, for securing agency information systems. 

(b) CYBERSECURITY REQUIREMENTS AT AGENCIES.— 

6 USC 1523. 

6 USC 1522 note. 


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129 STAT. 2968 PUBLIC LAW 114–113—DEC. 18, 2015 

(1) IN GENERAL.—Consistent with policies, standards, 

guidelines, and directives on information security under subchapter II of chapter 35 of title 44, United States Code, and 

the standards and guidelines promulgated under section 11331 

of title 40, United States Code, and except as provided in 

paragraph (2), not later than 1 year after the date of the 

enactment of this Act, the head of each agency shall— 

(A) identify sensitive and mission critical data stored 

by the agency consistent with the inventory required under 

the first subsection (c) (relating to the inventory of major 

information systems) and the second subsection (c) (relating 

to the inventory of information systems) of section 3505 

of title 44, United States Code; 

(B) assess access controls to the data described in 

subparagraph (A), the need for readily accessible storage 

of the data, and individuals’ need to access the data; 

(C) encrypt or otherwise render indecipherable to 

unauthorized users the data described in subparagraph 

(A) that is stored on or transiting agency information systems; 

(D) implement a single sign-on trusted identity platform for individuals accessing each public website of the 

agency that requires user authentication, as developed by 

the Administrator of General Services in collaboration with 

the Secretary; and 

(E) implement identity management consistent with 

section 504 of the Cybersecurity Enhancement Act of 2014 

(Public Law 113–274; 15 U.S.C. 7464), including multifactor authentication, for— 

(i) remote access to an agency information system; 

and 

(ii) each user account with elevated privileges on 

an agency information system. 

(2) EXCEPTION.—The requirements under paragraph (1) 

shall not apply to an agency information system for which— 

(A) the head of the agency has personally certified 

to the Director with particularity that— 

(i) operational requirements articulated in the certification and related to the agency information system 

would make it excessively burdensome to implement 

the cybersecurity requirement; 

(ii) the cybersecurity requirement is not necessary 

to secure the agency information system or agency 

information stored on or transiting it; and 

(iii) the agency has taken all necessary steps to 

secure the agency information system and agency 

information stored on or transiting it; and 

(B) the head of the agency or the designee of the 

head of the agency has submitted the certification described 

in subparagraph (A) to the appropriate congressional 

committees and the agency’s authorizing committees. 

(3) CONSTRUCTION.—Nothing in this section shall be construed to alter the authority of the Secretary, the Director, 

or the Director of the National Institute of Standards and 

Technology in implementing subchapter II of chapter 35 of 

title 44, United States Code. Nothing in this section shall 

be construed to affect the National Institute of Standards and 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2969 

Technology standards process or the requirement under section 

3553(a)(4) of such title or to discourage continued improvements 

and advancements in the technology, standards, policies, and 

guidelines used to promote Federal information security. 

(c) EXCEPTION.—The requirements under this section shall not 

apply to the Department of Defense, a national security system, 

or an element of the intelligence community. 

SEC. 226. ASSESSMENT; REPORTS. 

(a) DEFINITIONS.—In this section: 

(1) AGENCY INFORMATION.—The term ‘‘agency information’’ 

has the meaning given the term in section 230 of the Homeland 

Security Act of 2002, as added by section 223(a)(6) of this 

division. 

(2) CYBER THREAT INDICATOR; DEFENSIVE MEASURE.—The 

terms ‘‘cyber threat indicator’’ and ‘‘defensive measure’’ have 

the meanings given those terms in section 102. 

(3) INTRUSION ASSESSMENTS.—The term ‘‘intrusion assessments’’ means actions taken under the intrusion assessment 

plan to identify and remove intruders in agency information 

systems. 

(4) INTRUSION ASSESSMENT PLAN.—The term ‘‘intrusion 

assessment plan’’ means the plan required under section 

228(b)(1) of the Homeland Security Act of 2002, as added by 

section 223(a)(4) of this division. 

(5) INTRUSION DETECTION AND PREVENTION CAPABILITIES.— 

The term ‘‘intrusion detection and prevention capabilities’’ 

means the capabilities required under section 230(b) of the 

Homeland Security Act of 2002, as added by section 223(a)(6) 

of this division. 

(b) THIRD-PARTY ASSESSMENT.—Not later than 3 years after 

the date of enactment of this Act, the Comptroller General of 

the United States shall conduct a study and publish a report on 

the effectiveness of the approach and strategy of the Federal 

Government to securing agency information systems, including the 

intrusion detection and prevention capabilities and the intrusion 

assessment plan. 

(c) REPORTS TO CONGRESS.— 

(1) INTRUSION DETECTION AND PREVENTION CAPABILITIES.— 

(A) SECRETARY OF HOMELAND SECURITY REPORT.—Not 

later than 6 months after the date of enactment of this 

Act, and annually thereafter, the Secretary shall submit 

to the appropriate congressional committees a report on 

the status of implementation of the intrusion detection 

and prevention capabilities, including— 

(i) a description of privacy controls; 

(ii) a description of the technologies and capabilities utilized to detect cybersecurity risks in network 

traffic, including the extent to which those technologies 

and capabilities include existing commercial and noncommercial technologies; 

(iii) a description of the technologies and capabilities utilized to prevent network traffic associated with 

cybersecurity risks from transiting or traveling to or 

from agency information systems, including the extent 

to which those technologies and capabilities include 

existing commercial and noncommercial technologies; 

6 USC 1524. 


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129 STAT. 2970 PUBLIC LAW 114–113—DEC. 18, 2015 

(iv) a list of the types of indicators or other identifiers or techniques used to detect cybersecurity risks 

in network traffic transiting or traveling to or from 

agency information systems on each iteration of the 

intrusion detection and prevention capabilities and the 

number of each such type of indicator, identifier, and 

technique; 

(v) the number of instances in which the intrusion 

detection and prevention capabilities detected a cybersecurity risk in network traffic transiting or traveling 

to or from agency information systems and the number 

of times the intrusion detection and prevention 

capabilities blocked network traffic associated with 

cybersecurity risk; and 

(vi) a description of the pilot established under 

section 230(c)(5) of the Homeland Security Act of 2002, 

as added by section 223(a)(6) of this division, including 

the number of new technologies tested and the number 

of participating agencies. 

(B) OMB REPORT.—Not later than 18 months after 

the date of enactment of this Act, and annually thereafter, 

the Director shall submit to Congress, as part of the report 

required under section 3553(c) of title 44, United States 

Code, an analysis of agency application of the intrusion 

detection and prevention capabilities, including— 

(i) a list of each agency and the degree to which 

each agency has applied the intrusion detection and 

prevention capabilities to an agency information 

system; and 

(ii) a list by agency of— 

(I) the number of instances in which the intrusion detection and prevention capabilities detected 

a cybersecurity risk in network traffic transiting 

or traveling to or from an agency information 

system and the types of indicators, identifiers, and 

techniques used to detect such cybersecurity risks; 

and 

(II) the number of instances in which the 

intrusion detection and prevention capabilities prevented network traffic associated with a cybersecurity risk from transiting or traveling to or from 

an agency information system and the types of 

indicators, identifiers, and techniques used to 

detect such agency information systems. 

(C) CHIEF INFORMATION OFFICER.—Not earlier than 18 

months after the date of enactment of this Act and not 

later than 2 years after the date of enactment of this 

Act, the Federal Chief Information Officer shall review 

and submit to the appropriate congressional committees 

a report assessing the intrusion detection and intrusion 

prevention capabilities, including— 

(i) the effectiveness of the system in detecting, 

disrupting, and preventing cyber-threat actors, 

including advanced persistent threats, from accessing 

agency information and agency information systems; 

(ii) whether the intrusion detection and prevention 

capabilities, continuous diagnostics and mitigation, and 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2971 

other systems deployed under subtitle D of title II 

of the Homeland Security Act of 2002 (6 U.S.C. 231 

et seq.) are effective in securing Federal information 

systems; 

(iii) the costs and benefits of the intrusion detection 

and prevention capabilities, including as compared to 

commercial technologies and tools and including the 

value of classified cyber threat indicators; and 

(iv) the capability of agencies to protect sensitive 

cyber threat indicators and defensive measures if they 

were shared through unclassified mechanisms for use 

in commercial technologies and tools. 

(2) OMB REPORT ON DEVELOPMENT AND IMPLEMENTATION

OF INTRUSION ASSESSMENT PLAN, ADVANCED INTERNAL

DEFENSES, AND FEDERAL CYBERSECURITY REQUIREMENTS.—The 

Director shall— 

(A) not later than 6 months after the date of enactment 

of this Act, and 30 days after any update thereto, submit 

the intrusion assessment plan to the appropriate congressional committees; 

(B) not later than 1 year after the date of enactment 

of this Act, and annually thereafter, submit to Congress, 

as part of the report required under section 3553(c) of 

title 44, United States Code— 

(i) a description of the implementation of the intrusion assessment plan; 

(ii) the findings of the intrusion assessments conducted pursuant to the intrusion assessment plan; 

(iii) a description of the advanced network security 

tools included in the efforts to continuously diagnose 

and mitigate cybersecurity risks pursuant to section 

224(a)(1); and 

(iv) a list by agency of compliance with the requirements of section 225(b); and 

(C) not later than 1 year after the date of enactment 

of this Act, submit to the appropriate congressional committees— 

(i) a copy of the plan developed pursuant to section 

224(a)(2); and 

(ii) the improved metrics developed pursuant to 

section 224(c). 

(d) FORM.—Each report required under this section shall be 

submitted in unclassified form, but may include a classified annex. 

SEC. 227. TERMINATION. 

(a) IN GENERAL.—The authority provided under section 230 

of the Homeland Security Act of 2002, as added by section 223(a)(6) 

of this division, and the reporting requirements under section 226(c) 

of this division shall terminate on the date that is 7 years after 

the date of enactment of this Act. 

(b) RULE OF CONSTRUCTION.—Nothing in subsection (a) shall 

be construed to affect the limitation of liability of a private entity 

for assistance provided to the Secretary under section 230(d)(2) 

of the Homeland Security Act of 2002, as added by section 223(a)(6) 

of this division, if such assistance was rendered before the termination date under subsection (a) or otherwise during a period in 

which the assistance was authorized. 

6 USC 1525. 


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129 STAT. 2972 PUBLIC LAW 114–113—DEC. 18, 2015 

SEC. 228. IDENTIFICATION OF INFORMATION SYSTEMS RELATING TO 

NATIONAL SECURITY. 

(a) IN GENERAL.—Except as provided in subsection (c), not 

later than 180 days after the date of enactment of this Act— 

(1) the Director of National Intelligence and the Director 

of the Office of Management and Budget, in coordination with 

the heads of other agencies, shall— 

(A) identify all unclassified information systems that 

provide access to information that may provide an 

adversary with the ability to derive information that would 

otherwise be considered classified; 

(B) assess the risks that would result from the breach 

of each unclassified information system identified in 

subparagraph (A); and 

(C) assess the cost and impact on the mission carried 

out by each agency that owns an unclassified information 

system identified in subparagraph (A) if the system were 

to be subsequently designated as a national security 

system; and 

(2) the Director of National Intelligence and the Director 

of the Office of Management and Budget shall submit to the 

appropriate congressional committees, the Select Committee 

on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a report 

that includes the findings under paragraph (1). 

(b) FORM.—The report submitted under subsection (a)(2) shall 

be in unclassified form, and shall include a classified annex. 

(c) EXCEPTION.—The requirements under subsection (a)(1) shall 

not apply to the Department of Defense, a national security system, 

or an element of the intelligence community. 

(d) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to designate an information system as a national security 

system. 

SEC. 229. DIRECTION TO AGENCIES. 

(a) IN GENERAL.—Section 3553 of title 44, United States Code, 

is amended by adding at the end the following: 

‘‘(h) DIRECTION TO AGENCIES.— 

‘‘(1) AUTHORITY.— 

‘‘(A) IN GENERAL.—Subject to subparagraph (B), in 

response to a known or reasonably suspected information 

security threat, vulnerability, or incident that represents 

a substantial threat to the information security of an 

agency, the Secretary may issue an emergency directive 

to the head of an agency to take any lawful action with 

respect to the operation of the information system, 

including such systems used or operated by another entity 

on behalf of an agency, that collects, processes, stores, 

transmits, disseminates, or otherwise maintains agency 

information, for the purpose of protecting the information 

system from, or mitigating, an information security threat. 

‘‘(B) EXCEPTION.—The authorities of the Secretary 

under this subsection shall not apply to a system described 

subsection (d) or to a system described in paragraph (2) 

or (3) of subsection (e). 

‘‘(2) PROCEDURES FOR USE OF AUTHORITY.—The Secretary 

shall— 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2973 

‘‘(A) in coordination with the Director, and in consultation with Federal contractors as appropriate, establish 

procedures governing the circumstances under which a 

directive may be issued under this subsection, which shall 

include— 

‘‘(i) thresholds and other criteria; 

‘‘(ii) privacy and civil liberties protections; and 

‘‘(iii) providing notice to potentially affected third 

parties; 

‘‘(B) specify the reasons for the required action and 

the duration of the directive; 

‘‘(C) minimize the impact of a directive under this 

subsection by— 

‘‘(i) adopting the least intrusive means possible 

under the circumstances to secure the agency information systems; and 

‘‘(ii) limiting directives to the shortest period practicable; 

‘‘(D) notify the Director and the head of any affected 

agency immediately upon the issuance of a directive under 

this subsection; 

‘‘(E) consult with the Director of the National Institute 

of Standards and Technology regarding any directive under 

this subsection that implements standards and guidelines 

developed by the National Institute of Standards and Technology; 

‘‘(F) ensure that directives issued under this subsection 

do not conflict with the standards and guidelines issued 

under section 11331 of title 40; 

‘‘(G) consider any applicable standards or guidelines 

developed by the National Institute of Standards and Technology issued by the Secretary of Commerce under section 

11331 of title 40; and 

‘‘(H) not later than February 1 of each year, submit 

to the appropriate congressional committees a report 

regarding the specific actions the Secretary has taken 

pursuant to paragraph (1)(A). 

‘‘(3) IMMINENT THREATS.— 

‘‘(A) IN GENERAL.—Notwithstanding section 3554, the 

Secretary may authorize the use under this subsection 

of the intrusion detection and prevention capabilities established under section 230(b)(1) of the Homeland Security 

Act of 2002 for the purpose of ensuring the security of 

agency information systems, if— 

‘‘(i) the Secretary determines there is an imminent 

threat to agency information systems; 

‘‘(ii) the Secretary determines a directive under 

subsection (b)(2)(C) or paragraph (1)(A) is not reasonably likely to result in a timely response to the threat; 

‘‘(iii) the Secretary determines the risk posed by 

the imminent threat outweighs any adverse consequences reasonably expected to result from the use 

of the intrusion detection and prevention capabilities 

under the control of the Secretary; 

‘‘(iv) the Secretary provides prior notice to the 

Director, and the head and chief information officer 

(or equivalent official) of each agency to which specific 


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129 STAT. 2974 PUBLIC LAW 114–113—DEC. 18, 2015 

actions will be taken pursuant to this paragraph, and 

notifies the appropriate congressional committees and 

authorizing committees of each such agency within 

7 days of taking an action under this paragraph of— 

‘‘(I) any action taken under this paragraph; 

and 

‘‘(II) the reasons for and duration and nature 

of the action; 

‘‘(v) the action of the Secretary is consistent with 

applicable law; and 

‘‘(vi) the Secretary authorizes the use of the intrusion detection and prevention capabilities in accordance 

with the advance procedures established under 

subparagraph (C). 

‘‘(B) LIMITATION ON DELEGATION.—The authority under 

this paragraph may not be delegated by the Secretary. 

‘‘(C) ADVANCE PROCEDURES.—The Secretary shall, in 

coordination with the Director, and in consultation with 

the heads of Federal agencies, establish procedures governing the circumstances under which the Secretary may 

authorize the use of the intrusion detection and prevention 

capabilities under subparagraph (A). The Secretary shall 

submit the procedures to Congress. 

‘‘(4) LIMITATION.—The Secretary may direct or authorize 

lawful action or the use of the intrusion detection and prevention capabilities under this subsection only to— 

‘‘(A) protect agency information from unauthorized 

access, use, disclosure, disruption, modification, or destruction; or 

‘‘(B) require the remediation of or protect against 

identified information security risks with respect to— 

‘‘(i) information collected or maintained by or on 

behalf of an agency; or 

‘‘(ii) that portion of an information system used 

or operated by an agency or by a contractor of an 

agency or other organization on behalf of an agency. 

‘‘(i) ANNUAL REPORT TO CONGRESS.—Not later than February 

1 of each year, the Director and the Secretary shall submit to 

the appropriate congressional committees a report regarding the 

specific actions the Director and the Secretary have taken pursuant 

to subsection (a)(5), including any actions taken pursuant to section 

11303(b)(5) of title 40. 

‘‘(j) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 

this section, the term ‘appropriate congressional committees’ 

means— 

‘‘(1) the Committee on Appropriations and the Committee 

on Homeland Security and Governmental Affairs of the Senate; 

and 

‘‘(2) the Committee on Appropriations, the Committee on 

Homeland Security, the Committee on Oversight and Government Reform, and the Committee on Science, Space, and Technology of the House of Representatives.’’. 

(b) CONFORMING AMENDMENT.—Section 3554(a)(1)(B) of title 

44, United States Code, is amended— 

(1) in clause (iii), by striking ‘‘and’’ at the end; and 

(2) by adding at the end the following: 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2975 

‘‘(v) emergency directives issued by the Secretary 

under section 3553(h); and’’. 

TITLE III—FEDERAL CYBERSECURITY 

WORKFORCE ASSESSMENT 

SEC. 301. SHORT TITLE. 

This title may be cited as the ‘‘Federal Cybersecurity Workforce 

Assessment Act of 2015’’. 

SEC. 302. DEFINITIONS. 

In this title: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the Committee on Armed Services of the Senate; 

(B) the Committee on Homeland Security and Governmental Affairs of the Senate; 

(C) the Select Committee on Intelligence of the Senate; 

(D) the Committee on Commerce, Science, and 

Transportation of the Senate; 

(E) the Committee on Armed Services of the House 

of Representatives; 

(F) the Committee on Homeland Security of the House 

of Representatives; 

(G) the Committee on Oversight and Government 

Reform of the House of Representatives; and 

(H) the Permanent Select Committee on Intelligence 

of the House of Representatives. 

(2) DIRECTOR.—The term ‘‘Director’’ means the Director 

of the Office of Personnel Management. 

(3) NATIONAL INITIATIVE FOR CYBERSECURITY EDUCATION.— 

The term ‘‘National Initiative for Cybersecurity Education’’ 

means the initiative under the national cybersecurity awareness and education program, as authorized under section 401 

of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7451). 

(4) WORK ROLES.—The term ‘‘ work roles’’ means a specialized set of tasks and functions requiring specific knowledge, 

skills, and abilities. 

SEC. 303. NATIONAL CYBERSECURITY WORKFORCE MEASUREMENT 

INITIATIVE. 

(a) IN GENERAL.—The head of each Federal agency shall— 

(1) identify all positions within the agency that require 

the performance of cybersecurity or other cyber-related functions; and 

(2) assign the corresponding employment code under the 

National Initiative for Cybersecurity Education in accordance 

with subsection (b). 

(b) EMPLOYMENT CODES.— (1) PROCEDURES.— 

(A) CODING STRUCTURE.—Not later than 180 days after 

the date of the enactment of this Act, the Director, in 

coordination with the National Institute of Standards and 

Technology, shall develop a coding structure under the 

National Initiative for Cybersecurity Education. 

5 USC 301 note. 

5 USC 301 note. 

Federal 

Cybersecurity 

Workforce 

Assessment Act 

of 2015. 

5 USC 301 note. 


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129 STAT. 2976 PUBLIC LAW 114–113—DEC. 18, 2015 

(B) IDENTIFICATION OF CIVILIAN CYBER PERSONNEL.— Not later than 9 months after the date of enactment of 

this Act, the Director, in coordination with the Secretary 

of Homeland Security, the Director of the National Institute 

of Standards and Technology, and the Director of National 

Intelligence, shall establish procedures to implement the 

National Initiative for Cybersecurity Education coding 

structure to identify all Federal civilian positions that 

require the performance of information technology, cybersecurity, or other cyber-related functions. 

(C) IDENTIFICATION OF NONCIVILIAN CYBER PER- SONNEL.—Not later than 18 months after the date of enactment of this Act, the Secretary of Defense shall establish 

procedures to implement the National Initiative for Cybersecurity Education’s coding structure to identify all Federal 

noncivilian positions that require the performance of 

information technology, cybersecurity, or other cyberrelated functions. 

(D) BASELINE ASSESSMENT OF EXISTING CYBERSECURITY

WORKFORCE.—Not later than 3 months after the date on 

which the procedures are developed under subparagraphs 

(B) and (C), respectively, the head of each Federal agency 

shall submit to the appropriate congressional committees 

of jurisdiction a report that identifies— 

(i) the percentage of personnel with information 

technology, cybersecurity, or other cyber-related job 

functions who currently hold the appropriate industryrecognized certifications as identified under the 

National Initiative for Cybersecurity Education; 

(ii) the level of preparedness of other civilian and 

noncivilian cyber personnel without existing credentials to take certification exams; and 

(iii) a strategy for mitigating any gaps identified 

in clause (i) or (ii) with the appropriate training and 

certification for existing personnel. 

(E) PROCEDURES FOR ASSIGNING CODES.—Not later than 

3 months after the date on which the procedures are developed under subparagraphs (B) and (C), respectively, the 

head of each Federal agency shall establish procedures— 

(i) to identify all encumbered and vacant positions 

with information technology, cybersecurity, or other 

cyber-related functions (as defined in the National Initiative for Cybersecurity Education’s coding structure); 

and 

(ii) to assign the appropriate employment code to 

each such position, using agreed standards and definitions. 

(2) CODE ASSIGNMENTS.—Not later than 1 year after the 

date after the procedures are established under paragraph 

(1)(E), the head of each Federal agency shall complete assignment of the appropriate employment code to each position 

within the agency with information technology, cybersecurity, 

or other cyber-related functions. 

(c) PROGRESS REPORT.—Not later than 180 days after the date 

of enactment of this Act, the Director shall submit a progress 

report on the implementation of this section to the appropriate 

congressional committees. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2977 

SEC. 304. IDENTIFICATION OF CYBER-RELATED WORK ROLES OF CRITICAL NEED. 

(a) IN GENERAL.—Beginning not later than 1 year after the 

date on which the employment codes are assigned to employees 

pursuant to section 303(b)(2), and annually thereafter through 2022, 

the head of each Federal agency, in consultation with the Director, 

the Director of the National Institute of Standards and Technology, 

and the Secretary of Homeland Security, shall— 

(1) identify information technology, cybersecurity, or other 

cyber-related work roles of critical need in the agency’s 

workforce; and 

(2) submit a report to the Director that— 

(A) describes the information technology, cybersecurity, 

or other cyber-related roles identified under paragraph (1); 

and 

(B) substantiates the critical need designations. 

(b) GUIDANCE.—The Director shall provide Federal agencies 

with timely guidance for identifying information technology, cybersecurity, or other cyber-related roles of critical need, including— 

(1) current information technology, cybersecurity, and other 

cyber-related roles with acute skill shortages; and 

(2) information technology, cybersecurity, or other cyberrelated roles with emerging skill shortages. 

(c) CYBERSECURITY NEEDS REPORT.—Not later than 2 years 

after the date of the enactment of this Act, the Director, in consultation with the Secretary of Homeland Security, shall— 

(1) identify critical needs for information technology, cybersecurity, or other cyber-related workforce across all Federal 

agencies; and 

(2) submit a progress report on the implementation of 

this section to the appropriate congressional committees. 

SEC. 305. GOVERNMENT ACCOUNTABILITY OFFICE STATUS REPORTS. 

The Comptroller General of the United States shall— 

(1) analyze and monitor the implementation of sections 

303 and 304; and 

(2) not later than 3 years after the date of the enactment 

of this Act, submit a report to the appropriate congressional 

committees that describes the status of such implementation. 

TITLE IV—OTHER CYBER MATTERS 

SEC. 401. STUDY ON MOBILE DEVICE SECURITY. 

(a) IN GENERAL.—Not later than 1 year after the date of the 

enactment of this Act, the Secretary of Homeland Security, in 

consultation with the Director of the National Institute of Standards 

and Technology, shall— 

(1) complete a study on threats relating to the security 

of the mobile devices of the Federal Government; and 

(2) submit an unclassified report to Congress, with a classified annex if necessary, that contains the findings of such 

study, the recommendations developed under paragraph (3) 

of subsection (b), the deficiencies, if any, identified under (4) 

of such subsection, and the plan developed under paragraph 

(5) of such subsection. 

5 USC 301 note. 

5 USC 301 note. 


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129 STAT. 2978 PUBLIC LAW 114–113—DEC. 18, 2015 

(b) MATTERS STUDIED.—In carrying out the study under subsection (a)(1), the Secretary, in consultation with the Director of 

the National Institute of Standards and Technology, shall— 

(1) assess the evolution of mobile security techniques from 

a desktop-centric approach, and whether such techniques are 

adequate to meet current mobile security challenges; 

(2) assess the effect such threats may have on the cybersecurity of the information systems and networks of the Federal 

Government (except for national security systems or the 

information systems and networks of the Department of 

Defense and the intelligence community); 

(3) develop recommendations for addressing such threats 

based on industry standards and best practices; 

(4) identify any deficiencies in the current authorities of 

the Secretary that may inhibit the ability of the Secretary 

to address mobile device security throughout the Federal 

Government (except for national security systems and the 

information systems and networks of the Department of 

Defense and intelligence community); and 

(5) develop a plan for accelerated adoption of secure mobile 

device technology by the Department of Homeland Security. 

(c) INTELLIGENCE COMMUNITY DEFINED.—In this section, the 

term ‘‘intelligence community’’ has the meaning given such term 

in section 3 of the National Security Act of 1947 (50 U.S.C. 3003). 

SEC. 402. DEPARTMENT OF STATE INTERNATIONAL CYBERSPACE 

POLICY STRATEGY. 

(a) IN GENERAL.—Not later than 90 days after the date of 

the enactment of this Act, the Secretary of State shall produce 

a comprehensive strategy relating to United States international 

policy with regard to cyberspace. 

(b) ELEMENTS.—The strategy required by subsection (a) shall 

include the following: 

(1) A review of actions and activities undertaken by the 

Secretary of State to date to support the goal of the President’s 

International Strategy for Cyberspace, released in May 2011, 

to ‘‘work internationally to promote an open, interoperable, 

secure, and reliable information and communications infrastructure that supports international trade and commerce, 

strengthens international security, and fosters free expression 

and innovation.’’. 

(2) A plan of action to guide the diplomacy of the Secretary 

of State, with regard to foreign countries, including conducting 

bilateral and multilateral activities to develop the norms of 

responsible international behavior in cyberspace, and status 

review of existing discussions in multilateral fora to obtain 

agreements on international norms in cyberspace. 

(3) A review of the alternative concepts with regard to 

international norms in cyberspace offered by foreign countries 

that are prominent actors, including China, Russia, Brazil, 

and India. 

(4) A detailed description of threats to United States 

national security in cyberspace from foreign countries, statesponsored actors, and private actors to Federal and private 

sector infrastructure of the United States, intellectual property 

in the United States, and the privacy of citizens of the United 

States. 


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(5) A review of policy tools available to the President to 

deter foreign countries, state-sponsored actors, and private 

actors, including those outlined in Executive Order 13694, 

released on April 1, 2015. 

(6) A review of resources required by the Secretary, 

including the Office of the Coordinator for Cyber Issues, to 

conduct activities to build responsible norms of international 

cyber behavior. 

(c) CONSULTATION.—In preparing the strategy required by subsection (a), the Secretary of State shall consult, as appropriate, 

with other agencies and departments of the United States and 

the private sector and nongovernmental organizations in the United 

States with recognized credentials and expertise in foreign policy, 

national security, and cybersecurity. 

(d) FORM OF STRATEGY.—The strategy required by subsection 

(a) shall be in unclassified form, but may include a classified annex. 

(e) AVAILABILITY OF INFORMATION.—The Secretary of State 

shall— 

(1) make the strategy required in subsection (a) available 

the public; and 

(2) brief the Committee on Foreign Relations of the Senate 

and the Committee on Foreign Affairs of the House of Representatives on the strategy, including any material contained 

in a classified annex. 

SEC. 403. APPREHENSION AND PROSECUTION OF INTERNATIONAL 

CYBER CRIMINALS. 

(a) INTERNATIONAL CYBER CRIMINAL DEFINED.—In this section, 

the term ‘‘international cyber criminal’’ means an individual— 

(1) who is believed to have committed a cybercrime or 

intellectual property crime against the interests of the United 

States or the citizens of the United States; and 

(2) for whom— 

(A) an arrest warrant has been issued by a judge 

in the United States; or 

(B) an international wanted notice (commonly referred 

to as a ‘‘Red Notice’’) has been circulated by Interpol. 

(b) CONSULTATIONS FOR NONCOOPERATION.—The Secretary of 

State, or designee, shall consult with the appropriate government 

official of each country from which extradition is not likely due 

to the lack of an extradition treaty with the United States or 

other reasons, in which one or more international cyber criminals 

are physically present, to determine what actions the government 

of such country has taken— 

(1) to apprehend and prosecute such criminals; and 

(2) to prevent such criminals from carrying out cybercrimes 

or intellectual property crimes against the interests of the 

United States or its citizens. 

(c) ANNUAL REPORT.— 

(1) IN GENERAL.—The Secretary of State shall submit to 

the appropriate congressional committees an annual report that 

includes— 

(A) the number of international cyber criminals located 

in other countries, disaggregated by country, and indicating 

from which countries extradition is not likely due to the 

lack of an extradition treaty with the United States or 

other reasons; 

6 USC 1531. 


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129 STAT. 2980 PUBLIC LAW 114–113—DEC. 18, 2015 

(B) the nature and number of significant discussions 

by an official of the Department of State on ways to thwart 

or prosecute international cyber criminals with an official 

of another country, including the name of each such 

country; and 

(C) for each international cyber criminal who was 

extradited to the United States during the most recently 

completed calendar year— 

(i) his or her name; 

(ii) the crimes for which he or she was charged; 

(iii) his or her previous country of residence; and 

(iv) the country from which he or she was extradited into the United States. 

(2) FORM.—The report required by this subsection shall 

be in unclassified form to the maximum extent possible, but 

may include a classified annex. 

(3) APPROPRIATE CONGRESSIONAL COMMITTEES.—For purposes of this subsection, the term ‘‘appropriate congressional 

committees’’ means— 

(A) the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Homeland 

Security and Governmental Affairs, the Committee on 

Banking, Housing, and Urban Affairs, the Select Committee on Intelligence, and the Committee on the Judiciary 

of the Senate; and 

(B) the Committee on Foreign Affairs, the Committee 

on Appropriations, the Committee on Homeland Security, 

the Committee on Financial Services, the Permanent Select 

Committee on Intelligence, and the Committee on the 

Judiciary of the House of Representatives. 

SEC. 404. ENHANCEMENT OF EMERGENCY SERVICES. 

(a) COLLECTION OF DATA.—Not later than 90 days after the 

date of the enactment of this Act, the Secretary of Homeland 

Security, acting through the center established under section 227 

of the Homeland Security Act of 2002, as redesignated by section 

223(a)(3) of this division, in coordination with appropriate Federal 

entities and the Director for Emergency Communications, shall 

establish a process by which a Statewide Interoperability Coordinator may report data on any cybersecurity risk or incident 

involving any information system or network used by emergency 

response providers (as defined in section 2 of the Homeland Security 

Act of 2002 (6 U.S.C. 101)) within the State. 

(b) ANALYSIS OF DATA.—Not later than 1 year after the date 

of the enactment of this Act, the Secretary of Homeland Security, 

acting through the Director of the National Cybersecurity and 

Communications Integration Center, in coordination with appropriate entities and the Director for Emergency Communications, 

and in consultation with the Secretary of Commerce, acting through 

the Director of the National Institute of Standards and Technology, 

shall conduct integration and analysis of the data reported under 

subsection (a) to develop information and recommendations on security and resilience measures for any information system or network 

used by State emergency response providers. 

(c) BEST PRACTICES.— (1) IN GENERAL.—Using the results of the integration and 

analysis conducted under subsection (b), and any other relevant 

6 USC 1532. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2981 

information, the Director of the National Institute of Standards 

and Technology shall, on an ongoing basis, facilitate and support the development of methods for reducing cybersecurity 

risks to emergency response providers using the process 

described in section 2(e) of the National Institute of Standards 

and Technology Act (15 U.S.C. 272(e)). 

(2) REPORT.—The Director of the National Institute of 

Standards and Technology shall submit to Congress a report 

on the result of the activities of the Director under paragraph 

(1), including any methods developed by the Director under 

such paragraph, and shall make such report publicly available 

on the website of the National Institute of Standards and 

Technology. 

(d) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to— 

(1) require a State to report data under subsection (a); 

or 

(2) require a non-Federal entity (as defined in section 102) 

to— 

(A) adopt a recommended measure developed under 

subsection (b); or 

(B) follow the result of the activities carried out under 

subsection (c), including any methods developed under such 

subsection. 

SEC. 405. IMPROVING CYBERSECURITY IN THE HEALTH CARE 

INDUSTRY. 

(a) DEFINITIONS.—In this section: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the Committee on Health, Education, Labor, and 

Pensions, the Committee on Homeland Security and 

Governmental Affairs, and the Select Committee on Intelligence of the Senate; and 

(B) the Committee on Energy and Commerce, the Committee on Homeland Security, and the Permanent Select 

Committee on Intelligence of the House of Representatives. 

(2) BUSINESS ASSOCIATE.—The term ‘‘business associate’’ 

has the meaning given such term in section 160.103 of title 

45, Code of Federal Regulations (as in effect on the day before 

the date of the enactment of this Act). 

(3) COVERED ENTITY.—The term ‘‘covered entity’’ has the 

meaning given such term in section 160.103 of title 45, Code 

of Federal Regulations (as in effect on the day before the 

date of the enactment of this Act). 

(4) CYBERSECURITY THREAT; CYBER THREAT INDICATOR; 

DEFENSIVE MEASURE; FEDERAL ENTITY; NON-FEDERAL ENTITY; 

PRIVATE ENTITY.—The terms ‘‘cybersecurity threat’’, ‘‘cyber 

threat indicator’’, ‘‘defensive measure’’, ‘‘Federal entity’’, ‘‘nonFederal entity’’, and ‘‘private entity’’ have the meanings given 

such terms in section 102 of this division. 

(5) HEALTH CARE CLEARINGHOUSE; HEALTH CARE PROVIDER; 

HEALTH PLAN.—The terms ‘‘health care clearinghouse’’, ‘‘health 

care provider’’, and ‘‘health plan’’ have the meanings given 

such terms in section 160.103 of title 45, Code of Federal 

Regulations (as in effect on the day before the date of the 

enactment of this Act). 

6 USC 1533. 


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129 STAT. 2982 PUBLIC LAW 114–113—DEC. 18, 2015 

(6) HEALTH CARE INDUSTRY STAKEHOLDER.—The term 

‘‘health care industry stakeholder’’ means any— 

(A) health plan, health care clearinghouse, or health 

care provider; 

(B) advocate for patients or consumers; 

(C) pharmacist; 

(D) developer or vendor of health information technology; 

(E) laboratory; 

(F) pharmaceutical or medical device manufacturer; 

or 

(G) additional stakeholder the Secretary determines 

necessary for purposes of subsection (b)(1), (c)(1), (c)(3), 

or (d)(1). 

(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Health and Human Services. 

(b) REPORT.— 

(1) IN GENERAL.—Not later than 1 year after the date 

of enactment of this Act, the Secretary shall submit to the 

Committee on Health, Education, Labor, and Pensions of the 

Senate and the Committee on Energy and Commerce of the 

House of Representatives a report on the preparedness of the 

Department of Health and Human Services and health care 

industry stakeholders in responding to cybersecurity threats. 

(2) CONTENTS OF REPORT.—With respect to the internal 

response of the Department of Health and Human Services 

to emerging cybersecurity threats, the report under paragraph 

(1) shall include— 

(A) a clear statement of the official within the Department of Health and Human Services to be responsible 

for leading and coordinating efforts of the Department 

regarding cybersecurity threats in the health care industry; 

and 

(B) a plan from each relevant operating division and 

subdivision of the Department of Health and Human Services on how such division or subdivision will address cybersecurity threats in the health care industry, including a 

clear delineation of how each such division or subdivision 

will divide responsibility among the personnel of such division or subdivision and communicate with other such divisions and subdivisions regarding efforts to address such 

threats. 

(c) HEALTH CARE INDUSTRY CYBERSECURITY TASK FORCE.— 

(1) IN GENERAL.—Not later than 90 days after the date 

of the enactment of this Act, the Secretary, in consultation 

with the Director of the National Institute of Standards and 

Technology and the Secretary of Homeland Security, shall convene health care industry stakeholders, cybersecurity experts, 

and any Federal agencies or entities the Secretary determines 

appropriate to establish a task force to— 

(A) analyze how industries, other than the health care 

industry, have implemented strategies and safeguards for 

addressing cybersecurity threats within their respective 

industries; 

(B) analyze challenges and barriers private entities 

(excluding any State, tribal, or local government) in the 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2983 

health care industry face securing themselves against cyber 

attacks; 

(C) review challenges that covered entities and business associates face in securing networked medical devices 

and other software or systems that connect to an electronic 

health record; 

(D) provide the Secretary with information to disseminate to health care industry stakeholders of all sizes for 

purposes of improving their preparedness for, and response 

to, cybersecurity threats affecting the health care industry; 

(E) establish a plan for implementing title I of this 

division, so that the Federal Government and health care 

industry stakeholders may in real time, share actionable 

cyber threat indicators and defensive measures; and 

(F) report to the appropriate congressional committees 

on the findings and recommendations of the task force 

regarding carrying out subparagraphs (A) through (E). 

(2) TERMINATION.—The task force established under this 

subsection shall terminate on the date that is 1 year after 

the date on which such task force is established. 

(3) DISSEMINATION.—Not later than 60 days after the termination of the task force established under this subsection, the 

Secretary shall disseminate the information described in paragraph (1)(D) to health care industry stakeholders in accordance 

with such paragraph. 

(d) ALIGNING HEALTH CARE INDUSTRY SECURITY APPROACHES.— 

(1) IN GENERAL.—The Secretary shall establish, through 

a collaborative process with the Secretary of Homeland Security, health care industry stakeholders, the Director of the 

National Institute of Standards and Technology, and any Federal entity or non-Federal entity the Secretary determines 

appropriate, a common set of voluntary, consensus-based, and 

industry-led guidelines, best practices, methodologies, procedures, and processes that— 

(A) serve as a resource for cost-effectively reducing 

cybersecurity risks for a range of health care organizations; 

(B) support voluntary adoption and implementation 

efforts to improve safeguards to address cybersecurity 

threats; 

(C) are consistent with— 

(i) the standards, guidelines, best practices, methodologies, procedures, and processes developed under 

section 2(c)(15) of the National Institute of Standards 

and Technology Act (15 U.S.C. 272(c)(15)); 

(ii) the security and privacy regulations promulgated under section 264(c) of the Health Insurance 

Portability and Accountability Act of 1996 (42 U.S.C. 

1320d–2 note); and 

(iii) the provisions of the Health Information Technology for Economic and Clinical Health Act (title XIII 

of division A, and title IV of division B, of Public 

Law 111–5), and the amendments made by such Act; 

and 

(D) are updated on a regular basis and applicable 

to a range of health care organizations. 

(2) LIMITATION.—Nothing in this subsection shall be interpreted as granting the Secretary authority to— 


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129 STAT. 2984 PUBLIC LAW 114–113—DEC. 18, 2015 

(A) provide for audits to ensure that health care 

organizations are in compliance with this subsection; or 

(B) mandate, direct, or condition the award of any 

Federal grant, contract, or purchase, on compliance with 

this subsection. 

(3) NO LIABILITY FOR NONPARTICIPATION.—Nothing in this 

section shall be construed to subject a health care industry 

stakeholder to liability for choosing not to engage in the voluntary activities authorized or guidelines developed under this 

subsection. 

(e) INCORPORATING ONGOING ACTIVITIES.—In carrying out the 

activities under this section, the Secretary may incorporate activities that are ongoing as of the day before the date of enactment 

of this Act and that are consistent with the objectives of this 

section. 

(f) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to limit the antitrust exemption under section 104(e) 

or the protection from liability under section 106. 

SEC. 406. FEDERAL COMPUTER SECURITY. 

(a) DEFINITIONS.—In this section: 

(1) COVERED SYSTEM.—The term ‘‘covered system’’ shall 

mean a national security system as defined in section 11103 

of title 40, United States Code, or a Federal computer system 

that provides access to personally identifiable information. 

(2) COVERED AGENCY.—The term ‘‘covered agency’’ means 

an agency that operates a covered system. 

(3) LOGICAL ACCESS CONTROL.—The term ‘‘logical access 

control’’ means a process of granting or denying specific 

requests to obtain and use information and related information 

processing services. 

(4) MULTI-FACTOR AUTHENTICATION.—The term ‘‘multifactor authentication’’ means the use of not fewer than 2 

authentication factors, such as the following: 

(A) Something that is known to the user, such as 

a password or personal identification number. 

(B) An access device that is provided to the user, 

such as a cryptographic identification device or token. 

(C) A unique biometric characteristic of the user. 

(5) PRIVILEGED USER.—The term ‘‘privileged user’’ means 

a user who has access to system control, monitoring, or administrative functions. 

(b) INSPECTOR GENERAL REPORTS ON COVERED SYSTEMS.— 

(1) IN GENERAL.—Not later than 240 days after the date 

of enactment of this Act, the Inspector General of each covered 

agency shall submit to the appropriate committees of jurisdiction in the Senate and the House of Representatives a report, 

which shall include information collected from the covered 

agency for the contents described in paragraph (2) regarding 

the Federal computer systems of the covered agency. 

(2) CONTENTS.—The report submitted by each Inspector 

General of a covered agency under paragraph (1) shall include, 

with respect to the covered agency, the following: 

(A) A description of the logical access policies and 

practices used by the covered agency to access a covered 

system, including whether appropriate standards were followed. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2985 

(B) A description and list of the logical access controls 

and multi-factor authentication used by the covered agency 

to govern access to covered systems by privileged users. 

(C) If the covered agency does not use logical access 

controls or multi-factor authentication to access a covered 

system, a description of the reasons for not using such 

logical access controls or multi-factor authentication. 

(D) A description of the following information security 

management practices used by the covered agency 

regarding covered systems: 

(i) The policies and procedures followed to conduct 

inventories of the software present on the covered systems of the covered agency and the licenses associated 

with such software. 

(ii) What capabilities the covered agency utilizes 

to monitor and detect exfiltration and other threats, 

including— 

(I) data loss prevention capabilities; 

(II) forensics and visibility capabilities; or 

(III) digital rights management capabilities. 

(iii) A description of how the covered agency is 

using the capabilities described in clause (ii). 

(iv) If the covered agency is not utilizing capabilities described in clause (ii), a description of the reasons 

for not utilizing such capabilities. 

(E) A description of the policies and procedures of 

the covered agency with respect to ensuring that entities, 

including contractors, that provide services to the covered 

agency are implementing the information security management practices described in subparagraph (D). 

(3) EXISTING REVIEW.—The reports required under this subsection may be based in whole or in part on an audit, evaluation, or report relating to programs or practices of the covered 

agency, and may be submitted as part of another report, 

including the report required under section 3555 of title 44, 

United States Code. 

(4) CLASSIFIED INFORMATION.—Reports submitted under 

this subsection shall be in unclassified form, but may include 

a classified annex. 

SEC. 407. STOPPING THE FRAUDULENT SALE OF FINANCIAL INFORMATION OF PEOPLE OF THE UNITED STATES. 

Section 1029(h) of title 18, United States Code, is amended 

by striking ‘‘title if—’’ and all that follows through ‘‘therefrom.’’ 

and inserting ‘‘title if the offense involves an access device issued, 

owned, managed, or controlled by a financial institution, account 

issuer, credit card system member, or other entity organized under 

the laws of the United States, or any State, the District of Columbia, 

or other territory of the United States.’’. 


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129 STAT. 2986 PUBLIC LAW 114–113—DEC. 18, 2015 

DIVISION O—OTHER MATTERS 

SEC. 1. TABLE OF CONTENTS. 

The table of contents for this division is as follows: 

Sec. 1. Table of contents. 

TITLE I—OIL EXPORTS, SAFETY VALVE, AND MARITIME SECURITY 

Sec. 101. Oil Exports, Safety Valve, and Maritime Security. 

TITLE II—TERRORIST TRAVEL PREVENTION AND VISA WAIVER PROGRAM 

REFORM 

Sec. 201. Short title. 

Sec. 202. Electronic passport requirement. 

Sec. 203. Restriction on use of visa waiver program for aliens who travel to certain 

countries. 

Sec. 204. Designation requirements for program countries. 

Sec. 205. Reporting requirements. 

Sec. 206. High risk program countries. 

Sec. 207. Enhancements to the electronic system for travel authorization. 

Sec. 208. Provision of assistance to non-program countries. 

Sec. 209. Clerical amendments. 

Sec. 210. Sense of Congress. 

TITLE III—JAMES ZADROGA 9/11 HEALTH AND COMPENSATION 

REAUTHORIZATION ACT 

Sec. 301. Short title. 

Sec. 302. Reauthorizing the World Trade Center Health Program. 

TITLE IV—JAMES ZADROGA 9/11 VICTIM COMPENSATION FUND 

REAUTHORIZATION 

Sec. 401. Short title. 

Sec. 402. Reauthorizing the September 11th Victim Compensation Fund of 2001. 

Sec. 403. Amendment to exempt programs. 

Sec. 404. Compensation for United States Victims of State Sponsored Terrorism 

Act. 

Sec. 405. Budgetary provisions. 

TITLE V—MEDICARE AND MEDICAID PROVISIONS 

Sec. 501. Medicare Improvement Fund. 

Sec. 502. Medicare payment incentive for the transition from traditional x-ray imaging to digital radiography and other Medicare imaging payment provision. 

Sec. 503. Limiting Federal Medicaid reimbursement to States for durable medical 

equipment (DME) to Medicare payment rates. 

Sec. 504. Treatment of disposable devices. 

TITLE VI—PUERTO RICO 

Sec. 601. Modification of Medicare inpatient hospital payment rate for Puerto Rico 

hospitals. 

Sec. 602. Application of Medicare HITECH payments to hospitals in Puerto Rico. 

TITLE VII—FINANCIAL SERVICES 

Sec. 701. Table of contents. 

Sec. 702. Limitations on sale of preferred stock. 

Sec. 703. Confidentiality of information shared between State and Federal financial 

services regulators. 

Sec. 704. Application of FACA. 

Sec. 705. Treatment of affiliate transactions. 

Sec. 706. Ensuring the protection of insurance policyholders. 

Sec. 707. Limitation on SEC funds. 

Sec. 708. Elimination of reporting requirement. 

Sec. 709. Extension of Hardest Hit Fund; Termination of Home Affordable Modification Program. 

TITLE VIII—LAND AND WATER CONSERVATION FUND 

Sec. 801. Land and Water Conservation Fund. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2987 

TITLE IX—NATIONAL OCEANS AND COASTAL SECURITY 

Sec. 901. Short title. 

Sec. 902. Definitions. 

Sec. 903. Purposes and agreements. 

Sec. 904. National Oceans and Coastal Security Fund. 

Sec. 905. Eligible uses. 

Sec. 906. Grants. 

Sec. 907. Annual report. 

Sec. 908. Funding. 

TITLE X—BUDGETARY PROVISIONS 

Sec. 1001. Budgetary effects. 

Sec. 1002. Authority to make adjustment in FY 2016 allocation. 

Sec. 1003. Estimates. 

TITLE XI—IRAQ LOAN AUTHORITY 

Sec. 1101. Iraq loan authority. 

TITLE I—OIL EXPORTS, SAFETY VALVE, 

AND MARITIME SECURITY 

SEC. 101. OIL EXPORTS, SAFETY VALVE, AND MARITIME SECURITY. 

(a) REPEAL.—Section 103 of the Energy Policy and Conservation 

Act (42 U.S.C. 6212) and the item relating thereto in the table 

of contents of that Act are repealed. 

(b) NATIONAL POLICY ON OIL EXPORT RESTRICTION.—Notwithstanding any other provision of law, except as provided in subsections (c) and (d), to promote the efficient exploration, production, 

storage, supply, marketing, pricing, and regulation of energy 

resources, including fossil fuels, no official of the Federal Government shall impose or enforce any restriction on the export of crude 

oil. 

(c) SAVINGS CLAUSE.—Nothing in this section limits the 

authority of the President under the Constitution, the International 

Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or regulations issued under that Act (other than section 754.2 of title 15, 

Code of Federal Regulations), the National Emergencies Act (50 

U.S.C. 1601 et seq.), part B of title II of the Energy Policy and 

Conservation Act (42 U.S.C. 6271 et seq.), the Trading With the 

Enemy Act (50 U.S.C. App. 1 et seq.), or any other provision 

of law that imposes sanctions on a foreign person or foreign government (including any provision of law that prohibits or restricts 

United States persons from engaging in a transaction with a sanctioned person or government), including a foreign government that 

is designated as a state sponsor of terrorism, to prohibit exports. 

(d) EXCEPTIONS AND PRESIDENTIAL AUTHORITY.— 

(1) IN GENERAL.—The President may impose export 

licensing requirements or other restrictions on the export of 

crude oil from the United States for a period of not more 

than 1 year, if— 

(A) the President declares a national emergency and 

formally notices the declaration of a national emergency 

in the Federal Register; 

(B) the export licensing requirements or other restrictions on the export of crude oil from the United States 

under this subsection apply to 1 or more countries, persons, 

or organizations in the context of sanctions or trade restrictions imposed by the United States for reasons of national 

42 USC 6212a. 


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129 STAT. 2988 PUBLIC LAW 114–113—DEC. 18, 2015 

security by the Executive authority of the President or 

by Congress; or 

(C) the Secretary of Commerce, in consultation with 

the Secretary of Energy, finds and reports to the President 

that— 

(i) the export of crude oil pursuant to this Act 

has caused sustained material oil supply shortages 

or sustained oil prices significantly above world market 

levels that are directly attributable to the export of 

crude oil produced in the United States; and 

(ii) those supply shortages or price increases have 

caused or are likely to cause sustained material 

adverse employment effects in the United States. 

(2) RENEWAL.—Any requirement or restriction imposed 

pursuant to subparagraph (A) of paragraph (1) may be renewed 

for 1 or more additional periods of not more than 1 year 

each. 

(e) NATIONAL DEFENSE SEALIFT ENHANCEMENT.— 

(1) PAYMENTS.—Section 53106(a)(1) of title 46, United 

States Code, is amended— 

(A) in subparagraph (B), by striking the comma before 

‘‘for each’’; 

(B) in subparagraph (C), by striking ‘‘2015, 2016, 2017, 

and 2018;’’ and inserting ‘‘and 2015;’’; 

(C) by redesignating subparagraph (E) as subparagraph (G); and 

(D) by striking subparagraph (D) and inserting the 

following: 

‘‘(D) $4,999,950 for fiscal year 2017; 

‘‘(E) $5,000,000 for each of fiscal years 2018, 2019, 

and 2020; 

‘‘(F) $5,233,463 for fiscal year 2021; and’’. 

(2) AUTHORIZATION OF APPROPRIATIONS.—Section 53111 of 

title 46, United States Code, is amended— 

(A) in paragraph (3), by striking ‘‘2015, 2017, and 

2018;’’ and inserting ‘‘and 2015’’; 

(B) by redesignating paragraph (5) as paragraph (7); 

and 

(C) by striking paragraph (4) and inserting the following: 

‘‘(4) $299,997,000 for fiscal year 2017; 

‘‘(5) $300,000,000 for each of fiscal years 2018, 2019, and 

2020; 

‘‘(6) $314,007,780 for fiscal year 2021; and’’. 

TITLE II—TERRORIST TRAVEL PREVENTION AND VISA WAIVER PROGRAM 

REFORM 

SEC. 201. SHORT TITLE. 

This title may be cited as the ‘‘Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015’’. 

8 USC 1101 note. 

Visa Waiver 

Program 

Improvement 

and Terrorist 

Travel 

Prevention Act 

of 2015. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2989 

SEC. 202. ELECTRONIC PASSPORT REQUIREMENT. 

(a) REQUIREMENT FOR ALIEN TO POSSESS ELECTRONIC PASSPORT.—Section 217(a)(3) of the Immigration and Nationality Act 

(8 U.S.C. 1187(a)(3)) is amended to read as follows: 

‘‘(3) PASSPORT REQUIREMENTS.—The alien, at the time of 

application for admission, is in possession of a valid unexpired 

passport that satisfies the following: 

‘‘(A) MACHINE READABLE.—The passport is a machinereadable passport that is tamper-resistant, incorporates 

document authentication identifiers, and otherwise satisfies 

the internationally accepted standard for machine readability. 

‘‘(B) ELECTRONIC.—Beginning on April 1, 2016, the 

passport is an electronic passport that is fraud-resistant, 

contains relevant biographic and biometric information (as 

determined by the Secretary of Homeland Security), and 

otherwise satisfies internationally accepted standards for 

electronic passports.’’. 

(b) REQUIREMENT FOR PROGRAM COUNTRY TO VALIDATE PASSPORTS.—Section 217(c)(2)(B) of the Immigration and Nationality 

Act (8 U.S.C. 1187(c)(2)(B)) is amended to read as follows: 

‘‘(B) PASSPORT PROGRAM.— 

‘‘(i) ISSUANCE OF PASSPORTS.—The government of 

the country certifies that it issues to its citizens passports described in subparagraph (A) of subsection 

(a)(3), and on or after April 1, 2016, passports described 

in subparagraph (B) of subsection (a)(3). 

‘‘(ii) VALIDATION OF PASSPORTS.—Not later than 

October 1, 2016, the government of the country certifies 

that it has in place mechanisms to validate passports 

described in subparagraphs (A) and (B) of subsection 

(a)(3) at each key port of entry into that country. 

This requirement shall not apply to travel between 

countries which fall within the Schengen Zone.’’. 

(c) CONFORMING AMENDMENT.—Section 303(c) of the Enhanced 

Border Security and Visa Entry Reform Act of 2002 is repealed 

(8 U.S.C. 1732(c)). 

SEC. 203. RESTRICTION ON USE OF VISA WAIVER PROGRAM FOR 

ALIENS WHO TRAVEL TO CERTAIN COUNTRIES. 

Section 217(a) of the Immigration and Nationality Act (8 U.S.C. 

1187(a)), as amended by this Act, is further amended by adding 

at the end the following: 

‘‘(12) NOT PRESENT IN IRAQ, SYRIA, OR ANY OTHER COUNTRY

OR AREA OF CONCERN.— 

‘‘(A) IN GENERAL.—Except as provided in subparagraphs (B) and (C)— 

‘‘(i) the alien has not been present, at any time 

on or after March 1, 2011— 

‘‘(I) in Iraq or Syria; 

‘‘(II) in a country that is designated by the 

Secretary of State under section 6(j) of the Export 

Administration Act of 1979 (50 U.S.C. 2405) (as 

continued in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701 et 

seq.)), section 40 of the Arms Export Control Act 

(22 U.S.C. 2780), section 620A of the Foreign 


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129 STAT. 2990 PUBLIC LAW 114–113—DEC. 18, 2015 

Assistance Act of 1961 (22 U.S.C. 2371), or any 

other provision of law, as a country, the government of which has repeatedly provided support 

of acts of international terrorism; or 

‘‘(III) in any other country or area of concern 

designated by the Secretary of Homeland Security 

under subparagraph (D); and 

‘‘(ii) regardless of whether the alien is a national 

of a program country, the alien is not a national of— 

‘‘(I) Iraq or Syria; 

‘‘(II) a country that is designated, at the time 

the alien applies for admission, by the Secretary 

of State under section 6(j) of the Export Administration Act of 1979 (50 U.S.C. 2405) (as continued 

in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)), section 

40 of the Arms Export Control Act (22 U.S.C. 

2780), section 620A of the Foreign Assistance Act 

of 1961 (22 U.S.C. 2371), or any other provision 

of law, as a country, the government of which 

has repeatedly provided support of acts of international terrorism; or 

‘‘(III) any other country that is designated, 

at the time the alien applies for admission, by 

the Secretary of Homeland Security under 

subparagraph (D). 

‘‘(B) CERTAIN MILITARY PERSONNEL AND GOVERNMENT

EMPLOYEES.—Subparagraph (A)(i) shall not apply in the 

case of an alien if the Secretary of Homeland Security 

determines that the alien was present— 

‘‘(i) in order to perform military service in the 

armed forces of a program country; or 

‘‘(ii) in order to carry out official duties as a full 

time employee of the government of a program country. 

‘‘(C) WAIVER.—The Secretary of Homeland Security 

may waive the application of subparagraph (A) to an alien 

if the Secretary determines that such a waiver is in the 

law enforcement or national security interests of the United 

States. 

‘‘(D) COUNTRIES OR AREAS OF CONCERN.— 

‘‘(i) IN GENERAL.—Not later than 60 days after 

the date of the enactment of this paragraph, the Secretary of Homeland Security, in consultation with the 

Secretary of State and the Director of National Intelligence, shall determine whether the requirement 

under subparagraph (A) shall apply to any other 

country or area. 

‘‘(ii) CRITERIA.—In making a determination under 

clause (i), the Secretary shall consider— 

‘‘(I) whether the presence of an alien in the 

country or area increases the likelihood that the 

alien is a credible threat to the national security 

of the United States; 

‘‘(II) whether a foreign terrorist organization 

has a significant presence in the country or area; 

and 


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‘‘(III) whether the country or area is a safe 

haven for terrorists. 

‘‘(iii) ANNUAL REVIEW.—The Secretary shall conduct a review, on an annual basis, of any determination 

made under clause (i). 

‘‘(E) REPORT.—Beginning not later than one year after 

the date of the enactment of this paragraph, and annually 

thereafter, the Secretary of Homeland Security shall submit 

to the Committee on Homeland Security, the Committee 

on Foreign Affairs, the Permanent Select Committee on 

Intelligence, and the Committee on the Judiciary of the 

House of Representatives, and the Committee on Homeland 

Security and Governmental Affairs, the Committee on Foreign Relations, the Select Committee on Intelligence, and 

the Committee on the Judiciary of the Senate a report 

on each instance in which the Secretary exercised the 

waiver authority under subparagraph (C) during the previous year.’’. 

SEC. 204. DESIGNATION REQUIREMENTS FOR PROGRAM COUNTRIES. 

(a) REPORTING LOST AND STOLEN PASSPORTS.—Section 

217(c)(2)(D) of the Immigration and Nationality Act (8 U.S.C. 

1187(c)(2)(D)), as amended by this Act, is further amended by 

striking ‘‘within a strict time limit’’ and inserting ‘‘not later than 

24 hours after becoming aware of the theft or loss’’. 

(b) INTERPOL SCREENING.—Section 217(c)(2) of the Immigration 

and Nationality Act (8 U.S.C. 1187(c)(2)), as amended by this Act, 

is further amended by adding at the end the following: 

‘‘(G) INTERPOL SCREENING.—Not later than 270 days 

after the date of the enactment of this subparagraph, except 

in the case of a country in which there is not an international airport, the government of the country certifies 

to the Secretary of Homeland Security that, to the maximum extent allowed under the laws of the country, it 

is screening, for unlawful activity, each person who is not 

a citizen or national of that country who is admitted to 

or departs that country, by using relevant databases and 

notices maintained by Interpol, or other means designated 

by the Secretary of Homeland Security. This requirement 

shall not apply to travel between countries which fall 

within the Schengen Zone.’’. 

(c) IMPLEMENTATION OF PASSENGER INFORMATION EXCHANGE

AGREEMENT.—Section 217(c)(2)(F) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(2)(F)), as amended by this Act, is further 

amended by inserting before the period at the end the following: 

‘‘, and fully implements such agreement’’. 

(d) TERMINATION OF DESIGNATION.—Section 217(f) of the 

Immigration and Nationality Act (8 U.S.C. 1187(f)) is amended 

by adding at the end the following: 

‘‘(6) FAILURE TO SHARE INFORMATION.— 

‘‘(A) IN GENERAL.—If the Secretary of Homeland Security and the Secretary of State jointly determine that the 

program country is not sharing information, as required 

by subsection (c)(2)(F), the Secretary of Homeland Security 

shall terminate the designation of the country as a program 

country. 


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129 STAT. 2992 PUBLIC LAW 114–113—DEC. 18, 2015 

‘‘(B) REDESIGNATION.—In the case of a termination 

under this paragraph, the Secretary of Homeland Security 

shall redesignate the country as a program country, without 

regard to paragraph (2) or (3) of subsection (c) or paragraphs (1) through (4), when the Secretary of Homeland 

Security, in consultation with the Secretary of State, determines that the country is sharing information, as required 

by subsection (c)(2)(F). 

‘‘(7) FAILURE TO SCREEN.— ‘‘(A) IN GENERAL.—Beginning on the date that is 270 

days after the date of the enactment of this paragraph, 

if the Secretary of Homeland Security and the Secretary 

of State jointly determine that the program country is 

not conducting the screening required by subsection 

(c)(2)(G), the Secretary of Homeland Security shall terminate the designation of the country as a program country. 

‘‘(B) REDESIGNATION.—In the case of a termination 

under this paragraph, the Secretary of Homeland Security 

shall redesignate the country as a program country, without 

regard to paragraph (2) or (3) of subsection (c) or paragraphs (1) through (4), when the Secretary of Homeland 

Security, in consultation with the Secretary of State, determines that the country is conducting the screening required 

by subsection (c)(2)(G).’’. 

SEC. 205. REPORTING REQUIREMENTS. 

(a) IN GENERAL.—Section 217(c) of the Immigration and Nationality Act (8 U.S.C. 1187(c)), as amended by this Act, is further 

amended— 

(1) in paragraph (2)(C)(iii)— 

(A) by striking ‘‘and the Committee on International 

Relations’’ and inserting ‘‘, the Committee on Foreign 

Affairs, and the Committee on Homeland Security’’; and 

(B) by striking ‘‘and the Committee on Foreign Relations’’ and inserting ‘‘, the Committee on Foreign Relations, 

and the Committee on Homeland Security and Governmental Affairs’’; and 

(2) in paragraph (5)(A)(i)— 

(A) in subclause (III)— 

(i) by inserting after ‘‘the Committee on Foreign 

Affairs,’’ the following: ‘‘the Permanent Select Committee on Intelligence,’’; 

(ii) by inserting after ‘‘the Committee on Foreign 

Relations,’’ the following: ‘‘the Select Committee on 

Intelligence’’; and 

(iii) by striking ‘‘and’’ at the end; 

(B) in subclause (IV), by striking the period at the 

end and inserting the following: ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(V) shall submit to the committees described 

in subclause (III), a report that includes an assessment of the threat to the national security of the 

United States of the designation of each country 

designated as a program country, including the 

compliance of the government of each such country 

with the requirements under subparagraphs (D) 

and (F) of paragraph (2), as well as each such 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2993 

government’s capacity to comply with such requirements.’’. 

(b) DATE OF SUBMISSION OF FIRST REPORT.—The Secretary 

of Homeland Security shall submit the first report described in 

subclause (V) of section 217(c)(5)(A)(i) of the Immigration and 

Nationality Act (8 U.S.C. (c)(5)(A)(i)), as added by subsection (a), 

not later than 90 days after the date of the enactment of this 

Act. 

SEC. 206. HIGH RISK PROGRAM COUNTRIES. 

Section 217(c) of the Immigration and Nationality Act (8 U.S.C. 

1187(c)), as amended by this Act, is further amended by adding 

at the end the following: 

‘‘(12) DESIGNATION OF HIGH RISK PROGRAM COUNTRIES.— ‘‘(A) IN GENERAL.—The Secretary of Homeland Security, in consultation with the Director of National Intelligence and the Secretary of State, shall evaluate program 

countries on an annual basis based on the criteria described 

in subparagraph (B) and shall identify any program 

country, the admission of nationals from which under the 

visa waiver program under this section, the Secretary 

determines presents a high risk to the national security 

of the United States. 

‘‘(B) CRITERIA.—In evaluating program countries under 

subparagraph (A), the Secretary of Homeland Security, 

in consultation with the Director of National Intelligence 

and the Secretary of State, shall consider the following 

criteria: 

‘‘(i) The number of nationals of the country determined to be ineligible to travel to the United States 

under the program during the previous year. 

‘‘(ii) The number of nationals of the country who 

were identified in United States Government databases 

related to the identities of known or suspected terrorists during the previous year. 

‘‘(iii) The estimated number of nationals of the 

country who have traveled to Iraq or Syria at any 

time on or after March 1, 2011 to engage in terrorism. 

‘‘(iv) The capacity of the country to combat passport 

fraud. 

‘‘(v) The level of cooperation of the country with 

the counter-terrorism efforts of the United States. 

‘‘(vi) The adequacy of the border and immigration 

control of the country. 

‘‘(vii) Any other criteria the Secretary of Homeland 

Security determines to be appropriate. 

‘‘(C) SUSPENSION OF DESIGNATION.—The Secretary of 

Homeland Security, in consultation with the Secretary of 

State, may suspend the designation of a program country 

based on a determination that the country presents a high 

risk to the national security of the United States under 

subparagraph (A) until such time as the Secretary determines that the country no longer presents such a risk. 

‘‘(D) REPORT.—Not later than 60 days after the date 

of the enactment of this paragraph, and annually thereafter, the Secretary of Homeland Security, in consultation 

with the Director of National Intelligence and the Secretary 

8 USC 1187 note. 


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129 STAT. 2994 PUBLIC LAW 114–113—DEC. 18, 2015 

of State, shall submit to the Committee on Homeland Security, the Committee on Foreign Affairs, the Permanent 

Select Committee on Intelligence, and the Committee on 

the Judiciary of the House of Representatives, and the 

Committee on Homeland Security and Governmental 

Affairs, the Committee on Foreign Relations, the Select 

Committee on Intelligence, and the Committee on the 

Judiciary of the Senate a report, which includes an evaluation and threat assessment of each country determined 

to present a high risk to the national security of the United 

States under subparagraph (A).’’. 

SEC. 207. ENHANCEMENTS TO THE ELECTRONIC SYSTEM FOR TRAVEL 

AUTHORIZATION. 

(a) IN GENERAL.—Section 217(h)(3) of the Immigration and 

Nationality Act (8 U.S.C. 1187(h)(3)) is amended— 

(1) in subparagraph (C)(i), by inserting after ‘‘any such 

determination’’ the following: ‘‘or shorten the period of eligibility 

under any such determination’’; 

(2) by striking subparagraph (D) and inserting the following: 

‘‘(D) FRAUD DETECTION.—The Secretary of Homeland 

Security shall research opportunities to incorporate into 

the System technology that will detect and prevent fraud 

and deception in the System. 

‘‘(E) ADDITIONAL AND PREVIOUS COUNTRIES OF CITIZENSHIP.—The Secretary of Homeland Security shall collect 

from an applicant for admission pursuant to this section 

information on any additional or previous countries of citizenship of that applicant. The Secretary shall take any 

information so collected into account when making determinations as to the eligibility of the alien for admission 

pursuant to this section. 

‘‘(F) REPORT ON CERTAIN LIMITATIONS ON TRAVEL.— 

Not later than 30 days after the date of the enactment 

of this subparagraph and annually thereafter, the Secretary 

of Homeland Security, in consultation with the Secretary 

of State, shall submit to the Committee on Homeland Security, the Committee on the Judiciary, and the Committee 

on Foreign Affairs of the House of Representatives, and 

the Committee on Homeland Security and Governmental 

Affairs, the Committee on the Judiciary, and the Committee 

on Foreign Relations of the Senate a report on the number 

of individuals who were denied eligibility to travel under 

the program, or whose eligibility for such travel was 

revoked during the previous year, and the number of such 

individuals determined, in accordance with subsection 

(a)(6), to represent a threat to the national security of 

the United States, and shall include the country or countries of citizenship of each such individual.’’. 

(b) REPORT.—Not later than 30 days after the date of the 

enactment of this Act, the Secretary of Homeland Security, in 

consultation with the Secretary of State, shall submit to the Committee on Homeland Security, the Committee on the Judiciary, 

and the Committee on Foreign Affairs of the House of Representatives, and the Committee on Homeland Security and Governmental 

Affairs, the Committee on the Judiciary, and the Committee on 


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Foreign Relations of the Senate a report on steps to strengthen 

the electronic system for travel authorization authorized under 

section 217(h)(3) of the Immigration and Nationality Act (8 U.S.C. 

1187(h)(3))) in order to better secure the international borders of 

the United States and prevent terrorists and instruments of terrorism from entering the United States. 

SEC. 208. PROVISION OF ASSISTANCE TO NON-PROGRAM COUNTRIES. 

The Secretary of Homeland Security, in consultation with the 

Secretary of State, shall provide assistance in a risk-based manner 

to countries that do not participate in the visa waiver program 

under section 217 of the Immigration and Nationality Act (8 U.S.C. 

1187) to assist those countries in— 

(1) submitting to Interpol information about the theft or 

loss of passports of citizens or nationals of such a country; 

and 

(2) issuing, and validating at the ports of entry of such 

a country, electronic passports that are fraud-resistant, contain 

relevant biographic and biometric information (as determined 

by the Secretary of Homeland Security), and otherwise satisfy 

internationally accepted standards for electronic passports. 

SEC. 209. CLERICAL AMENDMENTS. 

(a) SECRETARY OF HOMELAND SECURITY.—Section 217 of the 

Immigration and Nationality Act (8 U.S.C. 1187), as amended by 

this Act, is further amended by striking ‘‘Attorney General’’ each 

place such term appears (except in subsection (c)(11)(B)) and 

inserting ‘‘Secretary of Homeland Security’’. 

(b) ELECTRONIC SYSTEM FOR TRAVEL AUTHORIZATION.—Section 

217 of the Immigration and Nationality Act (8 U.S.C. 1187), as 

amended this Act, is further amended— 

(1) by striking ‘‘electronic travel authorization system’’ each 

place it appears and inserting ‘‘electronic system for travel 

authorization’’; 

(2) in the heading in subsection (a)(11), by striking ‘‘ELECTRONIC TRAVEL AUTHORIZATION SYSTEM’’ and inserting ‘‘ELECTRONIC SYSTEM FOR TRAVEL AUTHORIZATION’’; and 

(3) in the heading in subsection (h)(3), by striking ‘‘ELECTRONIC TRAVEL AUTHORIZATION SYSTEM’’ and inserting ‘‘ELECTRONIC SYSTEM FOR TRAVEL AUTHORIZATION’’. 

SEC. 210. SENSE OF CONGRESS. 

It is the sense of Congress that the International Civil Aviation 

Organization, the specialized agency of the United Nations responsible for establishing international standards, specifications, and 

best practices related to the administration and governance of 

border controls and inspection formalities, should establish standards for the introduction of electronic passports (referred to in 

this section as ‘‘e-passports’’), and obligate member countries to 

utilize such e-passports as soon as possible. Such e-passports should 

be a combined paper and electronic passport that contains biographic and biometric information that can be used to authenticate 

the identity of travelers through an embedded chip. 

8 USC 1187a. 


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129 STAT. 2996 PUBLIC LAW 114–113—DEC. 18, 2015 

TITLE III—JAMES ZADROGA 9/11 

HEALTH AND COMPENSATION REAUTHORIZATION ACT 

SEC. 301. SHORT TITLE. 

This title may be cited as the ‘‘James Zadroga 9/11 Health 

and Compensation Reauthorization Act’’. 

SEC. 302. REAUTHORIZING THE WORLD TRADE CENTER HEALTH PROGRAM. 

(a) WORLD TRADE CENTER HEALTH PROGRAM FUND.—Section 

3351 of the Public Health Service Act (42 U.S.C. 300mm–61) is 

amended— 

(1) in subsection (a)— 

(A) in paragraph (2)— 

(i) in the matter preceding subparagraph (A), by 

striking ‘‘each of fiscal years 2012’’ and all that follows 

through ‘‘2011)’’ and inserting ‘‘fiscal year 2016 and 

each subsequent fiscal year through fiscal year 2090’’; 

and 

(ii) by striking subparagraph (A) and inserting 

the following: 

‘‘(A) the Federal share, consisting of an amount equal 

to— 

‘‘(i) for fiscal year 2016, $330,000,000; 

‘‘(ii) for fiscal year 2017, $345,610,000; 

‘‘(iii) for fiscal year 2018, $380,000,000; 

‘‘(iv) for fiscal year 2019, $440,000,000; 

‘‘(v) for fiscal year 2020, $485,000,000; 

‘‘(vi) for fiscal year 2021, $501,000,000; 

‘‘(vii) for fiscal year 2022, $518,000,000; 

‘‘(viii) for fiscal year 2023, $535,000,000; 

‘‘(ix) for fiscal year 2024, $552,000,000; 

‘‘(x) for fiscal year 2025, $570,000,000; and 

‘‘(xi) for each subsequent fiscal year through fiscal 

year 2090, the amount specified under this subparagraph for the previous fiscal year increased by the 

percentage increase in the consumer price index for 

all urban consumers (all items; United States city average) as estimated by the Secretary for the 12-month 

period ending with March of the previous year; plus’’; 

and 

(B) by striking paragraph (4) and inserting the following: 

‘‘(4) AMOUNTS FROM PRIOR FISCAL YEARS.—Amounts that 

were deposited, or identified for deposit, into the Fund for 

any fiscal year under paragraph (2), as such paragraph was 

in effect on the day before the date of enactment of the James 

Zadroga 9/11 Health and Compensation Reauthorization Act, 

that were not expended in carrying out this title for any such 

fiscal year, shall remain deposited, or be deposited, as the 

case may be, into the Fund. 

‘‘(5) AMOUNTS TO REMAIN AVAILABLE UNTIL EXPENDED.— 

Amounts deposited into the Fund under this subsection, 

including amounts deposited under paragraph (2) as in effect 

42 USC 201 note. 

James Zadroga 

9/11 Health and 

Compensation 

Reauthorization 

Act. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 2997 

on the day before the date of enactment of the James Zadroga 

9/11 Health and Compensation Reauthorization Act, for a fiscal 

year shall remain available, for the purposes described in this 

title, until expended for such fiscal year and any subsequent 

fiscal year through fiscal year 2090.’’; 

(2) in subsection (b)(1), by striking ‘‘sections 3302(a)’’ and 

all that follows through ‘‘3342’’ and inserting ‘‘sections 3301(e), 

3301(f), 3302(a), 3302(b), 3303, 3304, 3305(a)(1), 3305(a)(2), 

3305(c), 3341, and 3342’’; and 

(3) in subsection (c)— 

(A) in paragraph (1)— 

(i) by striking subparagraph (B); 

(ii) by redesignating subparagraph (C) as subparagraph (B); and 

(iii) by amending subparagraph (A) to read as follows: 

‘‘(A) for fiscal year 2016, the amount determined for 

such fiscal year under subparagraph (C) as in effect on 

the day before the date of enactment of the James Zadroga 

9/11 Health and Compensation Reauthorization Act; and’’; 

(B) in paragraph (2)— 

(i) by amending subparagraph (A) to read as follows: 

‘‘(A) for fiscal year 2016, $200,000;’’; 

(ii) by striking subparagraph (B); and 

(iii) by redesignating subparagraph (C) as subparagraph (B); 

(C) in paragraph (3), by striking ‘‘section 3303’’ and 

all that follows and inserting ‘‘section 3303, for fiscal year 

2016 and each subsequent fiscal year, $750,000.’’; 

(D) in paragraph (4), by striking subparagraphs (A) 

and (B) and inserting the following: 

‘‘(A) for fiscal year 2016, the amount determined for 

such fiscal year under subparagraph (C) as in effect on 

the day before the date of enactment of the James Zadroga 

9/11 Health and Compensation Reauthorization Act; 

‘‘(B) for fiscal year 2017, $15,000,000; and’’; 

(E) in paragraph (5)— 

(i) by striking subparagraph (B); 

(ii) by redesignating subparagraph (C) as subparagraph (B); and 

(iii) by amending subparagraph (A) to read as follows: 

‘‘(A) for fiscal year 2016, the amount determined for 

such fiscal year under subparagraph (C) as in effect on 

the day before the date of enactment of the James Zadroga 

9/11 Health and Compensation Reauthorization Act; and’’; 

and 

(F) in paragraph (6)— 

(i) by striking subparagraph (B); 

(ii) by redesignating subparagraph (C) as subparagraph (B); and 

(iii) by amending subparagraph (A) to read as follows: 

‘‘(A) for fiscal year 2016, the amount determined for 

such fiscal year under subparagraph (C) as in effect on 


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129 STAT. 2998 PUBLIC LAW 114–113—DEC. 18, 2015 

the day before the date of enactment of the James Zadroga 

9/11 Health and Compensation Reauthorization Act; and’’. 

(b) GAO STUDIES; REGULATIONS; TERMINATION.—Section 3301 

of the Public Health Service Act (42 U.S.C. 300mm) is amended 

by adding at the end the following: 

‘‘(i) GAO STUDIES.— 

‘‘(1) REPORT.—Not later than 18 months after the date 

of the enactment of the James Zadroga 9/11 Health and Compensation Reauthorization Act, the Comptroller General of the 

United States shall submit to the Committee on Energy and 

Commerce of the House of Representatives and the Committee 

on Health, Education, Labor, and Pensions of the Senate a 

report that assesses, with respect to the WTC Program, the 

effectiveness of each of the following: 

‘‘(A) The quality assurance program developed and 

implemented under subsection (e). 

‘‘(B) The procedures for providing certifications of coverage of conditions as WTC-related health conditions for 

enrolled WTC responders under section 3312(b)(2)(B)(iii) 

and for screening-eligible WTC survivors and certifiedeligible WTC survivors under such section as applied under 

section 3322(a). 

‘‘(C) Any action under the WTC Program to ensure 

appropriate payment (including the avoidance of improper 

payments), including determining the extent to which 

individuals enrolled in the WTC Program are eligible for 

workers compensation or sources of health coverage, 

ascertaining the liability of such compensation or sources 

of health coverage, and making recommendations for 

ensuring effective and efficient coordination of benefits for 

individuals enrolled in the WTC Program that does not 

place an undue burden on such individuals. 

‘‘(2) SUBSEQUENT ASSESSMENTS.—Not later than 6 years 

and 6 months after the date of enactment of the James Zadroga 

9/11 Health and Compensation Reauthorization Act, and every 

5 years thereafter through fiscal year 2042, the Comptroller 

General of the United States shall— 

‘‘(A) consult the Committee on Energy and Commerce 

of the House of Representatives and the Committee on 

Health, Education, Labor, and Pensions of the Senate on 

the objectives in assessing the WTC Program; and 

‘‘(B) prepare and submit to such Committees a report 

that assesses the WTC Program for the applicable reporting 

period, including the objectives described in subparagraph 

(A). 

‘‘(j) REGULATIONS.—The WTC Program Administrator is authorized to promulgate such regulations as the Administrator determines necessary to administer this title. 

‘‘(k) TERMINATION.—The WTC Program shall terminate on 

October 1, 2090.’’. 

(c) CLINICAL CENTERS OF EXCELLENCE AND DATA CENTERS.— 

Section 3305 of the Public Health Service Act (42 U.S.C. 300mm– 

4) is amended— 

(1) in subsection (a)— 

(A) in paragraph (1)(B), by inserting ‘‘and retention’’ 

after ‘‘outreach’’; and 


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(B) in paragraph (2)(A)(iii), by inserting ‘‘and retention’’ 

after ‘‘outreach’’; and 

(2) in subsection (b)(1)(B)(vi), by striking ‘‘section 3304(c)’’ 

and inserting ‘‘section 3304(d)’’. 

(d) WORLD TRADE CENTER RESPONDERS.—Section 

3311(a)(4)(B)(i)(II) of the Public Health Service Act (42 U.S.C. 

300mm–21(a)(4)(B)(i)(II)) is amended by striking ‘‘through the end 

of fiscal year 2020’’. 

(e) ADDITIONS TO LIST OF HEALTH CONDITIONS FOR WTC 

RESPONDERS.— 

(1) EXPANDING TIME FOR ACTIONS BY ADMINISTRATOR AND

BY ADVISORY COMMITTEE.—Section 3312(a)(6) of the Public 

Health Service Act (42 U.S.C. 300mm–22(a)(6)) is amended— 

(A) in subparagraph (B), in the matter preceding clause 

(i), by striking ‘‘60 days’’ and inserting ‘‘90 days’’; and 

(B) in subparagraph (C), by striking ‘‘60 days’’ each 

place such term appears and inserting ‘‘90 days’’. 

(2) PEER REVIEW FOR DECISIONS; ENHANCED ROLE OF

ADVISORY COMMITTEE.—Section 3312(a)(6) of the Public Health 

Service Act (42 U.S.C. 300mm–22(a)(6)), as amended by paragraph (1), is further amended by adding at the end the following: 

‘‘(F) INDEPENDENT PEER REVIEWS.—Prior to issuing a 

final rule to add a health condition to the list in paragraph 

(3), the WTC Program Administrator shall provide for an 

independent peer review of the scientific and technical 

evidence that would be the basis for issuing such final 

rule. 

‘‘(G) ADDITIONAL ADVISORY COMMITTEE RECOMMENDATIONS.— 

‘‘(i) PROGRAM POLICIES.— 

‘‘(I) EXISTING POLICIES.—Not later than 1 year 

after the date of enactment of the James Zadroga 

9/11 Health and Compensation Reauthorization 

Act, the WTC Program Administrator shall request 

the Advisory Committee to review and evaluate 

the policies and procedures, in effect at the time 

of the review and evaluation, that are used to 

determine whether sufficient evidence exists to 

support adding a health condition to the list in 

paragraph (3). 

‘‘(II) SUBSEQUENT POLICIES.—Prior to establishing any substantive new policy or procedure 

used to make the determination described in subclause (I) or prior to making any substantive 

amendment to any policy or procedure described 

in such subclause, the WTC Program Administrator shall request the Advisory Committee to 

review and evaluate such substantive policy, procedure, or amendment. 

‘‘(ii) IDENTIFICATION OF INDIVIDUALS CONDUCTING

INDEPENDENT PEER REVIEWS.—Not later than 1 year 

after the date of enactment of the James Zadroga 

9/11 Health and Compensation Reauthorization Act 

and not less than every 2 years thereafter, the WTC 

Program Administrator shall seek recommendations 


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129 STAT. 3000 PUBLIC LAW 114–113—DEC. 18, 2015 

from the Advisory Committee regarding the identification of individuals to conduct the independent peer 

reviews under subparagraph (F).’’. 

(f) WORLD TRADE CENTER SURVIVORS.—Section 

3321(a)(3)(B)(i)(II) of the Public Health Service Act (42 U.S.C. 

300mm–31(a)(3)(B)(i)(II)) is amended by striking ‘‘through the end 

of fiscal year 2020’’. 

(g) PAYMENT OF CLAIMS.—Section 3331(d)(1)(B) of the Public 

Health Service Act (42 U.S.C. 300mm–41(d)(1)(B)) is amended— 

(1) by striking ‘‘the last calendar quarter’’ and all that 

follows through ‘‘2015’’ and inserting ‘‘each calendar quarter 

of fiscal year 2016 and of each subsequent fiscal year through 

fiscal year 2090,’’; and 

(2) by striking ‘‘and with respect to calendar quarters in 

fiscal year 2016’’ and all that follows and inserting a period. 

(h) WORLD TRADE CENTER HEALTH REGISTRY.—Section 3342 

of the Public Health Service Act (42 U.S.C. 300mm–52) is amended 

by striking ‘‘April 20, 2009’’ and inserting ‘‘January 1, 2015’’. 

TITLE IV—JAMES ZADROGA 9/11 VICTIM 

COMPENSATION FUND REAUTHORIZATION 

SEC. 401. SHORT TITLE. 

This title may be cited as the ‘‘James Zadroga 9/11 Victim 

Compensation Fund Reauthorization Act’’. 

SEC. 402. REAUTHORIZING THE SEPTEMBER 11TH VICTIM COMPENSATION FUND OF 2001. 

(a) DEFINITIONS.—Section 402 of the Air Transportation Safety 

and System Stabilization Act (49 U.S.C. 40101 note) is amended— 

(1) in paragraph (9)— 

(A) by striking ‘‘medical expense loss,’’; and 

(B) by striking ‘‘and loss of business or employment 

opportunities’’ and inserting ‘‘loss of business or employment opportunities, and past out-of-pocket medical expense 

loss but not future medical expense loss’’; 

(2) by redesignating paragraph (14) as paragraph (16); 

(3) by inserting after paragraph (13), the following: 

‘‘(14) WTC PROGRAM ADMINISTRATOR.—The term ‘WTC Program Administrator’ has the meaning given such term in section 3306 of the Public Health Service Act (42 U.S.C. 300mm– 

5). 

‘‘(15) WTC-RELATED PHYSICAL HEALTH CONDITION.—The 

term ‘WTC-related physical health condition’— 

‘‘(A) means, subject to subparagraph (B), a WTCrelated health condition as defined by section 3312(a) of 

the Public Health Service Act (42 U.S.C. 300mm–22(a)), 

including the conditions listed in section 3322(b) of such 

Act (42 U.S.C. 300mm–32(b)); and 

‘‘(B) does not include— 

‘‘(i) a mental health condition described in paragraph (1)(A)(ii) or (3)(B) of section 3312(a) of such 

Act (42 U.S.C. 300mm–22(a)); 

49 USC 40101 

note. 

49 USC 40101 

note. 

James Zadroga 

9/11 Victim 

Compensation 

Fund 

Reauthorization 

Act. 


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‘‘(ii) any mental health condition certified under 

section 3312(b)(2)(B)(iii) of such Act (42 U.S.C. 300mm– 

22(b)(2)(B)(iii)) (including such certification as applied 

under section 3322(a) of such Act (42 U.S.C. 300mm– 

32(a)); 

‘‘(iii) a mental health condition described in section 

3322(b)(2) of such Act (42 U.S.C. 300mm–32(b)(2)); or 

‘‘(iv) any other mental health condition.’’; and 

(4) in paragraph (16), as redesignated by paragraph (2), 

by striking subparagraph (C) and inserting the following: 

‘‘(C) the area in Manhattan that is south of the line 

that runs along Canal Street from the Hudson River to 

the intersection of Canal Street and East Broadway, north 

on East Broadway to Clinton Street, and east on Clinton 

Street to the East River;’’. 

(b) PURPOSE.—Section 403 of the Air Transportation Safety 

and System Stabilization Act (49 U.S.C. 40101 note) is amended— 

(1) by inserting ‘‘full’’ before ‘‘compensation’’; and 

(2) by inserting ‘‘, or the rescue and recovery efforts during 

the immediate aftermath of such crashes’’ before the period. 

(c) ELIGIBILITY REQUIREMENTS FOR FILING CLAIMS.—Section 

405 of the Air Transportation Safety and System Stabilization Act 

(49 U.S.C. 40101 note) is amended— 

(1) in subsection (a)(3)— 

(A) by striking subparagraph (B) and inserting the 

following: 

‘‘(B) EXCEPTION.—A claim may be filed under paragraph (1), in accordance with subsection (c)(3)(A)(i), by 

an individual (or by a personal representative on behalf 

of a deceased individual) during the period beginning on 

the date on which the regulations are updated under section 407(b)(1) and ending on the date that is 5 years 

after the date of enactment of the James Zadroga 9/11 

Victim Compensation Fund Reauthorization Act. 

‘‘(C) SPECIAL MASTER DETERMINATION.— ‘‘(i) IN GENERAL.—For claims filed under this title 

during the period described in subparagraph (B), the 

Special Master shall establish a system for determining 

whether, for purposes of this title, the claim is— 

‘‘(I) a claim in Group A, as described in clause 

(ii); or 

‘‘(II) a claim in Group B, as described in clause 

(iii). 

‘‘(ii) GROUP A CLAIMS.—A claim under this title 

is a claim in Group A if— 

‘‘(I) the claim is filed under this title during 

the period described in subparagraph (B); and 

‘‘(II) on or before the day before the date of 

enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act, the Special 

Master postmarks and transmits a final award 

determination to the claimant filing such claim. 

‘‘(iii) GROUP B CLAIMS.—A claim under this title 

is a claim in Group B if the claim— 

‘‘(I) is filed under this title during the period 

described in subparagraph (B); and 

‘‘(II) is not a claim described in clause (ii). 


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‘‘(iv) DEFINITION OF FINAL AWARD DETERMINA- TION.—For purposes of this subparagraph, the term 

‘final award determination’ means a letter from the 

Special Master indicating the total amount of compensation to which a claimant is entitled for a claim 

under this title without regard to the limitation under 

the second sentence of section 406(d)(1), as such section 

was in effect on the day before the date of enactment 

of the James Zadroga 9/11 Victim Compensation Fund 

Reauthorization Act.’’; 

(2) in subsection (b)— 

(A) in paragraph (1)(B)(ii), by inserting ‘‘subject to 

paragraph (7),’’ before ‘‘the amount’’; 

(B) in paragraph (6)— 

(i) by striking ‘‘The Special Master’’ and inserting 

the following: 

‘‘(A) IN GENERAL.—The Special Master’’; and 

(ii) by adding at the end the following: 

‘‘(B) GROUP B CLAIMS.—Notwithstanding any other 

provision of this title, in the case of a claim in Group 

B as described in subsection (a)(3)(C)(iii), a claimant filing 

such claim shall receive an amount of compensation under 

this title for such claim that is not greater than the amount 

determined under paragraph (1)(B)(ii) less the amount of 

any collateral source compensation that such claimant has 

received or is entitled to receive for such claim as a result 

of the terrorist-related aircraft crashes of September 11, 

2001.’’; and 

(C) by adding at the end the following: 

‘‘(7) LIMITATIONS FOR GROUP B CLAIMS.— 

‘‘(A) NONECONOMIC LOSSES.—With respect to a claim 

in Group B as described in subsection (a)(3)(C)(iii), the 

total amount of compensation to which a claimant filing 

such claim is entitled to receive for such claim under this 

title on account of any noneconomic loss— 

‘‘(i) that results from any type of cancer shall not 

exceed $250,000; and 

‘‘(ii) that does not result from any type of cancer 

shall not exceed $90,000. 

‘‘(B) DETERMINATION OF ECONOMIC LOSS.— 

‘‘(i) IN GENERAL.—Subject to the limitation 

described in clause (ii) and with respect to a claim 

in Group B as described in subsection (a)(3)(C)(iii), 

the Special Master shall, for purposes of calculating 

the amount of compensation to which a claimant is 

entitled under this title for such claim on account 

of any economic loss, determine the loss of earnings 

or other benefits related to employment by using the 

applicable methodology described in section 104.43 or 

104.45 of title 28, Code of Federal Regulations, as 

such Code was in effect on the day before the date 

of enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act. 

‘‘(ii) ANNUAL GROSS INCOME LIMITATION.—In considering annual gross income under clause (i) for the 

purposes described in such clause, the Special Master 

shall, for each year of any loss of earnings or other 


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benefits related to employment, limit the annual gross 

income of the claimant (or decedent in the case of 

a personal representative) for each such year to an 

amount that is not greater than $200,000. 

‘‘(C) GROSS INCOME DEFINED.—For purposes of this 

paragraph, the term ‘gross income’ has the meaning given 

such term in section 61 of the Internal Revenue Code 

of 1986.’’; and 

(3) in subsection (c)(3)— 

(A) in subparagraph (A)— 

(i) in clause (ii), in the matter preceding subclause 

(I), by striking ‘‘An individual’’ and inserting ‘‘Except 

with respect to claims in Group B as described in 

subsection (a)(3)(C)(iii), an individual’’; 

(ii) in clause (iii), by striking ‘‘section 407(a)’’ and 

inserting ‘‘section 407(b)(1)’’; and 

(iii) by adding at the end the following: 

‘‘(iv) GROUP B CLAIMS.— 

‘‘(I) IN GENERAL.—Subject to subclause (II), 

an individual filing a claim in Group B as described 

in subsection (a)(3)(C)(iii) may be eligible for compensation under this title only if the Special 

Master, with assistance from the WTC Program 

Administrator as necessary, determines based on 

the evidence presented that the individual has a 

WTC-related physical health condition, as defined 

by section 402 of this Act. 

‘‘(II) PERSONAL REPRESENTATIVES.—An individual filing a claim in Group B, as described 

in subsection (a)(3)(C)(iii), who is a personal representative described in paragraph (2)(C) may be 

eligible for compensation under this title only if 

the Special Master, with assistance from the WTC 

Program Administrator as necessary, determines 

based on the evidence presented that the 

applicable decedent suffered from a condition that 

was, or would have been determined to be, a WTCrelated physical health condition, as defined by 

section 402 of this Act.’’; and 

(B) in subparagraph (C)(ii)(II), by striking ‘‘section 

407(b)’’ and inserting ‘‘section 407(b)(1)’’. 

(d) PAYMENTS TO ELIGIBLE INDIVIDUALS.—Section 406 of the 

Air Transportation Safety and System Stabilization Act (49 U.S.C. 

40101 note) is amended— 

(1) in subsection (b), by striking ‘‘This title’’ and inserting 

‘‘For the purpose of providing compensation for claims in Group 

A as described in section 405(a)(3)(C)(ii), this title’’; and 

(2) by amending subsection (d) to read as follows: 

‘‘(d) LIMITATIONS.— 

‘‘(1) GROUP A CLAIMS.— 

‘‘(A) IN GENERAL.—The total amount of Federal funds 

paid for compensation under this title, with respect to 

claims in Group A as described in section 405(a)(3)(C)(ii), 

shall not exceed $2,775,000,000. 

‘‘(B) REMAINDER OF CLAIM AMOUNTS.—In the case of 

a claim in Group A as described in section 405(a)(3)(C)(ii) 

and for which the Special Master has ratably reduced 


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129 STAT. 3004 PUBLIC LAW 114–113—DEC. 18, 2015 

the amount of compensation for such claim pursuant to 

paragraph (2) of this subsection, as this subsection was 

in effect on the day before the date of enactment of the 

James Zadroga 9/11 Victim Compensation Fund Reauthorization Act, the Special Master shall, as soon as practicable 

after the date of enactment of such Act, authorize payment 

of the amount of compensation that is equal to the difference between— 

‘‘(i) the amount of compensation that the claimant 

would have been paid under this title for such claim 

without regard to the limitation under the second sentence of paragraph (1) of this subsection, as this subsection was in effect on the day before the date of 

enactment of the James Zadroga 9/11 Victim Compensation Fund Reauthorization Act; and 

‘‘(ii) the amount of compensation the claimant was 

paid under this title for such claim prior to the date 

of enactment of such Act. 

‘‘(2) GROUP B CLAIMS.— 

‘‘(A) IN GENERAL.—The total amount of Federal funds 

paid for compensation under this title, with respect to 

claims in Group B as described in section 405(a)(3)(C)(iii), 

shall not exceed the amount of funds deposited into the 

Victims Compensation Fund under section 410. 

‘‘(B) PAYMENT SYSTEM.—The Special Master shall 

establish a system for providing compensation for claims 

in Group B as described in section 405(a)(3)(C)(iii) in 

accordance with this subsection and section 405(b)(7). 

‘‘(C) DEVELOPMENT OF AGENCY POLICIES AND PROCEDURES.— 

‘‘(i) DEVELOPMENT.— 

‘‘(I) IN GENERAL.—Not later than 30 days after 

the date of enactment of the James Zadroga 

9/11 Victim Compensation Fund Reauthorization 

Act, the Special Master shall develop agency policies and procedures that meet the requirements 

under subclauses (II) and (III) for providing compensation for claims in Group B as described in 

section 405(a)(3)(C)(iii), including policies and 

procedures for presumptive award schedules, 

administrative expenses, and related internal 

memoranda. 

‘‘(II) LIMITATION.—The policies and procedures 

developed under subclause (I) shall ensure that 

total expenditures, including administrative 

expenses, in providing compensation for claims in 

Group B, as described in section 405(a)(3)(C)(iii), 

do not exceed the amount of funds deposited into 

the Victims Compensation Fund under section 410. 

‘‘(III) PRIORITIZATION.—The policies and procedures developed under subclause (I) shall prioritize 

claims for claimants who are determined by the 

Special Master as suffering from the most debilitating physical conditions to ensure, for purposes 

of equity, that such claimants are not unduly burdened by such policies or procedures. 


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‘‘(ii) REASSESSMENT.—Beginning 1 year after the 

date of enactment of the James Zadroga 9/11 Victim 

Compensation Fund Reauthorization Act, and each 

year thereafter until the Victims Compensation Fund 

is permanently closed under section 410(e), the Special 

Master shall conduct a reassessment of the agency 

policies and procedures developed under clause (i) to 

ensure that such policies and procedures continue to 

satisfy the requirements under subclauses (II) and (III) 

of such clause. If the Special Master determines, upon 

reassessment, that such agency policies or procedures 

do not achieve the requirements of such subclauses, 

the Special Master shall take additional actions or 

make such modifications as necessary to achieve such 

requirements.’’. 

(e) REGULATIONS.—Section 407(b) of the Air Transportation 

Safety and System Stabilization Act (49 U.S.C. 40101 note) is 

amended— 

(1) by striking ‘‘Not later than’’ and inserting the following: 

‘‘(1) JAMES ZADROGA 9/11 HEALTH AND COMPENSATION ACT

OF 2010.—Not later than’’; and 

(2) by adding at the end the following: 

‘‘(2) JAMES ZADROGA 9/11 VICTIM COMPENSATION FUND

REAUTHORIZATION ACT.—Not later than 180 days after the date 

of enactment of the James Zadroga 9/11 Victim Compensation 

Fund Reauthorization Act, the Special Master shall update 

the regulations promulgated under subsection (a), and updated 

under paragraph (1), to the extent necessary to comply with 

the amendments made by such Act.’’. 

(f) VICTIMS COMPENSATION FUND.—Title IV of the Air Transportation Safety and System Stabilization Act (49 U.S.C. 40101 note) 

is amended by adding at the end the following: 

‘‘SEC. 410. VICTIMS COMPENSATION FUND. 

‘‘(a) IN GENERAL.—There is established in the Treasury of the 

United States a fund to be known as the ‘Victims Compensation 

Fund’, consisting of amounts deposited into such fund under subsection (b). 

‘‘(b) DEPOSITS INTO FUND.—There shall be deposited into the 

Victims Compensation Fund each of the following: 

‘‘(1) Effective on the day after the date on which all claimants who file a claim in Group A, as described in section 

405(a)(3)(C)(ii), have received the full compensation due such 

claimants under this title for such claim, any amounts 

remaining from the total amount made available under section 

406 to compensate claims in Group A as described in section 

405(a)(3)(C)(ii). 

‘‘(2) The amount appropriated under subsection (c). 

‘‘(c) APPROPRIATIONS.—There is appropriated, out of any money 

in the Treasury not otherwise appropriated, $4,600,000,000 for fiscal 

year 2017, to remain available until expended, to provide compensation for claims in Group B as described in section 405(a)(3)(C)(iii). 

‘‘(d) AVAILABILITY OF FUNDS.—Amounts deposited into the Victims Compensation Fund shall be available, without further appropriation, to the Special Master to provide compensation for claims 

in Group B as described in section 405(a)(3)(C)(iii). 


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129 STAT. 3006 PUBLIC LAW 114–113—DEC. 18, 2015 

‘‘(e) TERMINATION.—Upon completion of all payments under 

this title, the Victims Compensation Fund shall be permanently 

closed.’’. 

(g) 9-11 RESPONSE AND BIOMETRIC ENTRY-EXIT FEE.—Title IV 

of the Air Transportation Safety and System Stabilization Act (49 

U.S.C. 40101 note), as amended by subsection (f), is further 

amended by adding at the end the following: 

‘‘SEC. 411. 9-11 RESPONSE AND BIOMETRIC ENTRY-EXIT FEE. 

‘‘(a) TEMPORARY L-1 VISA FEE INCREASE.—Notwithstanding section 281 of the Immigration and Nationality Act (8 U.S.C. 1351) 

or any other provision of law, during the period beginning on 

the date of the enactment of this section and ending on September 

30, 2025, the combined filing fee and fraud prevention and detection 

fee required to be submitted with an application for admission 

as a nonimmigrant under section 101(a)(15)(L) of the Immigration 

and Nationality Act (8 U.S.C. 1101(a)(15)(L)), including an application for an extension of such status, shall be increased by $4,500 

for applicants that employ 50 or more employees in the United 

States if more than 50 percent of the applicant’s employees are 

nonimmigrants admitted pursuant to subparagraph (H)(i)(b) or (L) 

of section 101(a)(15) of such Act. 

‘‘(b) TEMPORARY H-1B VISA FEE INCREASE.—Notwithstanding 

section 281 of the Immigration and Nationality Act (8 U.S.C. 1351) 

or any other provision of law, during the period beginning on 

the date of the enactment of this section and ending on September 

30, 2025, the combined filing fee and fraud prevention and detection 

fee required to be submitted with an application for admission 

as a nonimmigrant under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)), including 

an application for an extension of such status, shall be increased 

by $4,000 for applicants that employ 50 or more employees in 

the United States if more than 50 percent of the applicant’s 

employees are such nonimmigrants or nonimmigrants described 

in section 101(a)(15)(L) of such Act. 

‘‘(c) 9-11 RESPONSE AND BIOMETRIC EXIT ACCOUNT.— 

‘‘(1) ESTABLISHMENT.—There is established in the general 

fund of the Treasury a separate account, which shall be known 

as the ‘9–11 Response and Biometric Exit Account’. 

‘‘(2) DEPOSITS.— 

‘‘(A) IN GENERAL.—Subject to subparagraph (B), of the 

amounts collected pursuant to the fee increases authorized 

under subsections (a) and (b)— 

‘‘(i) 50 percent shall be deposited in the general 

fund of the Treasury; and 

‘‘(ii) 50 percent shall be deposited as offsetting 

receipts into the 9–11 Response and Biometric Exit 

Account, and shall remain available until expended. 

‘‘(B) TERMINATION OF DEPOSITS IN ACCOUNT.—After a 

total of $1,000,000,000 is deposited into the 9–11 Response 

and Biometric Exit Account under subparagraph (A)(ii), 

all amounts collected pursuant to the fee increases authorized under subsections (a) and (b) shall be deposited in 

the general fund of the Treasury. 

‘‘(3) USE OF FUNDS.—For fiscal year 2017, and each fiscal 

year thereafter, amounts in the 9–11 Response and Biometric 

Exit Account shall be available to the Secretary of Homeland 


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Security without further appropriation for implementing the 

biometric entry and exit data system described in section 7208 

of the Intelligence Reform and Terrorism Prevention Act of 

2004 (8 U.S.C. 1365b).’’. 

(h) ADMINISTRATIVE COSTS.—Section 1347 of the Full-Year Continuing Appropriations Act, 2011 (49 U.S.C. 40101 note) is 

amended— 

(1) by inserting ‘‘and (2)’’ after ‘‘(d)(1)’’; and 

(2) by adding at the end the following: ‘‘Costs for payments 

for compensation for claims in Group A, as described in section 

405(a)(3)(C)(ii) of such Act, shall be paid from amounts made 

available under section 406 of such Act. Costs for payments 

for compensation for claims in Group B, as described in section 

405(a)(3)(C)(iii) of such Act, shall be paid from amounts in 

the Victims Compensation Fund established under section 410 

of such Act.’’. 

SEC. 403. AMENDMENT TO EXEMPT PROGRAMS. 

(a) IN GENERAL.—Section 255(g)(1)(B) of the Balanced Budget 

and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(B)) 

is amended by— 

(1) inserting after the item relating to Retirement Pay 

and Medical Benefits for Commissioned Officers, Public Health 

Service the following: 

‘‘September 11th Victim Compensation Fund (15–0340–0– 

1–754).’’; 

(2) inserting after the item relating to United States Secret 

Service, DC Annuity the following: 

‘‘Victims Compensation Fund established under section 410 

of the Air Transportation Safety and System Stabilization Act 

(49 U.S.C. 40101 note). 

‘‘United States Victims of State Sponsored Terrorism 

Fund.’’; and 

(3) inserting after the item relating to the Voluntary Separation Incentive Fund the following: 

‘‘World Trade Center Health Program Fund (75–0946–0– 

1–551).’’. 

(b) APPLICABILITY.—The amendments made by this section shall 

apply to any sequestration order issued under the Balanced Budget 

and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.) 

on or after the date of enactment of this Act. 

SEC. 404. COMPENSATION FOR UNITED STATES VICTIMS OF STATE 

SPONSORED TERRORISM ACT. 

(a) SHORT TITLE.—This section may be cited as the ‘‘Justice 

for United States Victims of State Sponsored Terrorism Act’’. 

(b) ADMINISTRATION OF THE UNITED STATES VICTIMS OF STATE

SPONSORED TERRORISM FUND.— (1) ADMINISTRATION OF THE FUND.— 

(A) APPOINTMENT AND TERMS OF SPECIAL MASTER.— 

(i) INITIAL APPOINTMENT.—Not later than 60 days 

after the date of the enactment of this Act, the Attorney 

General shall appoint a Special Master. The initial 

term for the Special Master shall be 18 months. 

(ii) ADDITIONAL TERMS.—Thereafter, each time 

there exists funds in excess of $100,000,000 in the 

Fund, the Attorney General shall appoint or reappoint 

a Special Master for such period as is appropriate, 

Justice for 

United States 

Victims of 

State Sponsored 

Terrorism Act. 

42 USC 10609. 

2 USC 905 note. 


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129 STAT. 3008 PUBLIC LAW 114–113—DEC. 18, 2015 

not to exceed 1 year. In addition, if there exists in 

the Fund funds that are less than $100,000,000, the 

Attorney General may appoint or reappoint a Special 

Master each time the Attorney General determines 

there are sufficient funds available in the Fund to 

compensate eligible claimants, for such period as is 

appropriate, not to exceed 1 year. 

(iii) SPECIAL MASTER TO ADMINISTER COMPENSA- TION FROM THE FUND.—The Special Master shall 

administer the compensation program described in this 

section for United States persons who are victims of 

state sponsored terrorism. 

(B) ADMINISTRATIVE COSTS AND USE OF DEPARTMENT

OF JUSTICE PERSONNEL.—The Special Master may utilize, 

as necessary, no more than 5 full-time equivalent Department of Justice personnel to assist in carrying out the 

duties of the Special Master under this section. Any costs 

associated with the use of such personnel, and any other 

administrative costs of carrying out this section, shall be 

paid from the Fund. 

(C) COMPENSATION OF SPECIAL MASTER.—The Special 

Master shall be compensated from the Fund at a rate 

not to exceed the annual rate of basic pay for level IV 

of the Executive Schedule, as prescribed by section 5315 

of title 5, United States Code. 

(2) PUBLICATION OF REGULATIONS AND PROCEDURES.— 

(A) IN GENERAL.—Not later than 60 days after the 

date of the initial appointment of the Special Master, the 

Special Master shall publish in the Federal Register and 

on a website maintained by the Department of Justice 

a notice specifying the procedures necessary for United 

States persons to apply and establish eligibility for payment, including procedures by which eligible United States 

persons may apply by and through their attorney. Such 

notice is not subject to the requirements of section 553 

of title 5, United States Code. 

(B) INFORMATION REGARDING OTHER SOURCES OF COMPENSATION.—As part of the procedures for United States 

persons to apply and establish eligibility for payment, the 

Special Master shall require applicants to provide the Special Master with information regarding compensation from 

any source other than this Fund that the claimant (or, 

in the case of a personal representative, the victim’s beneficiaries) has received or is entitled or scheduled to receive 

as a result of the act of international terrorism that gave 

rise to a claimant’s final judgment, including information 

identifying the amount, nature, and source of such compensation. 

(3) DECISIONS OF THE SPECIAL MASTER.—All decisions made 

by the Special Master with regard to compensation from the 

Fund shall be— 

(A) in writing and provided to the Attorney General, 

each claimant and, if applicable, the attorney for each 

claimant; and 

(B) final and, except as provided in paragraph (4), 

not subject to administrative or judicial review. 

(4) REVIEW HEARING.— 


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(A) Not later than 30 days after receipt of a written 

decision by the Special Master, a claimant whose claim 

is denied in whole or in part by the Special Master may 

request a hearing before the Special Master pursuant to 

procedures established by the Special Master. 

(B) Not later than 90 days after any such hearing, 

the Special Master shall issue a final written decision 

affirming or amending the original decision. The written 

decision is final and nonreviewable. 

(c) ELIGIBLE CLAIMS.— 

(1) IN GENERAL.—For the purposes of this section, a claim 

is an eligible claim if the Special Master determines that— 

(A) the judgment holder, or claimant, is a United States 

person; 

(B) the claim is described in paragraph (2); and 

(C) the requirements of paragraph (3) are met. 

(2) CERTAIN CLAIMS.—The claims referred to in paragraph 

(1) are claims for— 

(A) compensatory damages awarded to a United States 

person in a final judgment— 

(i) issued by a United States district court under 

State or Federal law against a state sponsor of terrorism; and 

(ii) arising from acts of international terrorism, 

for which the foreign state was determined not to 

be immune from the jurisdiction of the courts of the 

United States under section 1605A, or section 

1605(a)(7) (as such section was in effect on January 

27, 2008), of title 28, United States Code; 

(B) the sum total of $10,000 per day for each day 

that a United States person was taken and held hostage 

from the United States embassy in Tehran, Iran, during 

the period beginning November 4, 1979, and ending 

January 20, 1981, if such person is identified as a member 

of the proposed class in case number 1:00-CV-03110 (EGS) 

of the United States District Court for the District of 

Columbia; or 

(C) damages for the spouses and children of the former 

hostages described in subparagraph (B), if such spouse 

or child is identified as a member of the proposed class 

in case number 1:00-CV-03110 (EGS) of the United States 

Court for the District of Columbia, in the following 

amounts: 

(i) For each spouse of a former hostage identified 

as a member of the proposed class described in this 

subparagraph, a $600,000 lump sum. 

(ii) For each child of a former hostage identified 

as a member of the proposed class described in this 

subparagraph, a $600,000 lump sum. 

(3) DEADLINE FOR APPLICATION SUBMISSION.— 

(A) IN GENERAL.—The deadline for submitting an 

application for a payment under this subsection is as follows: 

(i) Not later than 90 days after the date of the 

publication required under subsection (b)(2)(A), with 

regard to an application based on— 


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(I) a final judgment described in paragraph 

(2)(A) obtained before that date of publication; or 

(II) a claim described in paragraph (2)(B) or 

(2)(C). 

(ii) Not later than 90 days after the date of 

obtaining a final judgment, with regard to a final judgment obtained on or after the date of that publication. 

(B) GOOD CAUSE.—For good cause shown, the Special 

Master may grant a claimant a reasonable extension of 

a deadline under this paragraph. 

(d) PAYMENTS.— 

(1) TO WHOM MADE.—The Special Master shall order payment from the Fund for each eligible claim of a United States 

person to that person or, if that person is deceased, to the 

personal representative of the estate of that person. 

(2) TIMING OF INITIAL PAYMENTS.—The Special Master shall 

authorize all initial payments to satisfy eligible claims under 

this section not later than 1 year after the date of the enactment 

of this Act. 

(3) PAYMENTS TO BE MADE PRO RATA.— 

(A) IN GENERAL.— 

(i) PRO RATA BASIS.—Except as provided in 

subparagraph (B) and subject to the limitations 

described in clause (ii), the Special Master shall carry 

out paragraph (1), by dividing all available funds on 

a pro rata basis, based on the amounts outstanding 

and unpaid on eligible claims, until all such amounts 

have been paid in full. 

(ii) LIMITATIONS.—The limitations described in this 

clause are as follows: 

(I) In the event that a United States person 

has an eligible claim that exceeds $20,000,000, 

the Special Master shall treat that claim as if 

it were for $20,000,000 for purposes of this section. 

(II) In the event that a United States person 

and the immediate family members of such person, 

have claims that if aggregated would exceed 

$35,000,000, the Special Master shall, for purposes 

of this section, reduce such claims on a pro rata 

basis such that in the aggregate such claims do 

not exceed $35,000,000. 

(III) In the event that a United States person, 

or the immediate family member of such person, 

has an eligible claim under this section and has 

received an award or an award determination 

under section 405 of the Air Transportation Safety 

and System Stabilization Act (49 U.S.C. 40101 

note), the amount of compensation to which such 

person, or the immediate family member of such 

person, was determined to be entitled under section 405 of the Air Transportation Safety and 

System Stabilization Act (49 U.S.C. 40101 note) 

shall be considered controlling for the purposes 

of this section, notwithstanding any compensatory 

damages amounts such person, or immediate 

family member of such person, is deemed eligible 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3011 

for or entitled to pursuant to a final judgment 

described in subsection (c)(2)(A). 

(B) MINIMUM PAYMENTS.— 

(i) Any applicant with an eligible claim described 

in subsection (c)(2) who has received, or is entitled 

or scheduled to receive, any payment that is equal 

to, or in excess of, 30 percent of the total compensatory 

damages owed to such applicant on the applicant’s 

claim from any source other than this Fund shall not 

receive any payment from the Fund until such time 

as all other eligible applicants have received from the 

Fund an amount equal to 30 percent of the compensatory damages awarded to those applicants pursuant 

to their final judgments or to claims under subsection 

(c)(2)(B) or (c)(2)(C). For purposes of calculating the 

pro rata amounts for these payments, the Special 

Master shall not include the total compensatory damages for applicants excluded from payment by this 

subparagraph. 

(ii) To the extent that an applicant with an eligible 

claim has received less than 30 percent of the compensatory damages owed that applicant under a final judgment or claim described in subsection (c)(2) from any 

source other than this Fund, such applicant may apply 

to the Special Master for the difference between the 

percentage of compensatory damages the applicant has 

received from other sources and the percentage of 

compensatory damages to be awarded other eligible 

applicants from the Fund. 

(4) ADDITIONAL PAYMENTS.—On January 1 of the second 

calendar year that begins after the date of the initial payments 

described in paragraph (1) if funds are available in the Fund, 

the Special Master shall authorize additional payments on a 

pro rata basis to those claimants with eligible claims under 

subsection (c)(2) and shall authorize additional payments for 

eligible claims annually thereafter if funds are available in 

the Fund. 

(5) SUBROGATION AND RETENTION OF RIGHTS.— 

(A) UNITED STATES SUBROGATED TO CREDITOR RIGHTS

TO THE EXTENT OF PAYMENT.—The United States shall be 

subrogated to the rights of any person who applies for 

and receives payments under this section, but only to the 

extent and in the amount of such payments made under 

this section. The President shall pursue these subrogated 

rights as claims or offsets of the United States in appropriate ways, including any negotiation process that precedes the normalization of relations between the foreign 

state designated as a state sponsor of terrorism and the 

United States or the lifting of sanctions against such foreign state. 

(B) RIGHTS RETAINED.—To the extent amounts of damages remain unpaid and outstanding following any payments made under this subsection, each applicant shall 

retain that applicant’s creditor rights in any unpaid and 

outstanding amounts of the judgment, including any 


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129 STAT. 3012 PUBLIC LAW 114–113—DEC. 18, 2015 

prejudgment or post-judgment interest, or punitive damages, awarded by the United States district court pursuant 

to a judgment. 

(e) UNITED STATES VICTIMS OF STATE SPONSORED TERRORISM

FUND.— 

(1) ESTABLISHMENT OF UNITED STATES VICTIMS OF STATE

SPONSORED TERRORISM FUND.—There is established in the 

Treasury a fund, to be designated as the United States Victims 

of State Sponsored Terrorism Fund. 

(2) DEPOSIT AND TRANSFER.—Beginning on the date of the 

enactment of this Act, the following shall be deposited or transferred into the Fund for distribution under this section: 

(A) FORFEITED FUNDS AND PROPERTY.— 

(i) CRIMINAL FUNDS AND PROPERTY.—All funds, and 

the net proceeds from the sale of property, forfeited 

or paid to the United States after the date of enactment 

of this Act as a criminal penalty or fine arising from 

a violation of any license, order, regulation, or prohibition issued under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or the 

Trading with the Enemy Act (50 U.S.C. App. 1 et 

seq.), or any related criminal conspiracy, scheme, or 

other Federal offense arising from the actions of, or 

doing business with or acting on behalf of, a state 

sponsor of terrorism. 

(ii) CIVIL FUNDS AND PROPERTY.—One-half of all 

funds, and one-half of the net proceeds from the sale 

of property, forfeited or paid to the United States after 

the date of enactment of this Act as a civil penalty 

or fine arising from a violation of any license, order, 

regulation, or prohibition issued under the International Emergency Economic Powers Act (50 U.S.C. 

1701 et seq.) or the Trading with the Enemy Act (50 

U.S.C. App. 1 et seq.), or any related conspiracy, 

scheme, or other Federal offense arising from the 

actions of, or doing business with or acting on behalf 

of, a state sponsor of terrorism. 

(B) TRANSFER INTO FUND OF CERTAIN ASSIGNED ASSETS

OF IRAN AND ELECTION TO PARTICIPATE IN FUND.— 

(i) DEPOSIT INTO FUND OF ASSIGNED PROCEEDS

FROM SALE OF PROPERTIES AND RELATED ASSETS IDENTIFIED IN IN RE 650 FIFTH AVENUE & RELATED PROPERTIES.— 

(I) IN GENERAL.—Except as provided in subclause (II), if the United States receives a final 

judgment forfeiting the properties and related 

assets identified in the proceedings captioned as 

In Re 650 Fifth Avenue & Related Properties, No. 

08 Civ. 10934 (S.D.N.Y. filed Dec. 17, 2008), the 

net proceeds (not including the litigation expenses 

and sales costs incurred by the United States) 

resulting from the sale of such properties and 

related assets by the United States shall be deposited into the Fund. 

(II) LIMITATION.—The following proceeds 

resulting from any sale of the properties and 


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related assets identified in subclause (I) shall not 

be transferred into the Fund: 

(aa) The percentage of proceeds attributable to any party identified as a Settling 

Judgment Creditor in the order dated April 

16, 2014, in such proceedings, who does not 

make an election (described in clause (iii)) to 

participate in the Fund. 

(bb) The percentage of proceeds attributable to the parties identified as the Hegna 

Judgment Creditors in such proceedings, 

unless and until a final judgment is entered 

denying the claims of such creditors. 

(ii) DEPOSIT INTO FUND OF ASSIGNED ASSETS IDENTI- FIED IN PETERSON V. ISLAMIC REPUBLIC OF IRAN.—If 

a final judgment is entered in Peterson v. Islamic 

Republic of Iran, No. 10 Civ. 4518 (S.D.N.Y.), awarding 

the assets at issue in that case to the judgment creditors identified in the order dated July 9, 2013, those 

assets shall be deposited into the Fund, but only to 

the extent, and in such percentage, that the rights, 

title, and interest to such assets were assigned through 

elections made pursuant to clause (iii). 

(iii) ELECTION TO PARTICIPATE IN THE FUND.—Upon 

written notice to the Attorney General, the Special 

Master, and the chief judge of the United States District Court for the Southern District of New York 

within 60 days after the date of the publication 

required under subsection (b)(2)(A) a United States 

person, who is a judgment creditor in the proceedings 

captioned Peterson v. Islamic Republic of Iran, No. 

10 Civ. 4518 (S.D.N.Y.), or a Settling Judgment Creditor as identified in the order dated May 27, 2014, 

in the proceedings captioned In Re 650 Fifth Avenue 

& Related Properties, No. 08 Civ. 10934 (S.D.N.Y. filed 

Dec. 17, 2008), shall have the right to elect to participate in the Fund and, to the extent any such person 

exercises such right, shall irrevocably assign to the 

Fund all rights, title, and interest to such person’s 

claims to the assets at issue in such proceedings. To 

the extent that a United States person is both a judgment creditor in the proceedings captioned Peterson 

v. Islamic Republic of Iran, No. 10 Civ. 4518 (S.D.N.Y.) 

and a Settling Judgment Creditor in In Re 650 Fifth 

Avenue & Related Properties, No. 08 Civ. 10934 

(S.D.N.Y. filed Dec. 17, 2008), any election by such 

person to participate in the Fund pursuant to this 

paragraph shall operate as an election to assign any 

and all rights, title, and interest in the assets in both 

actions for the purposes of participating in the Fund. 

The Attorney General is authorized to pursue any such 

assigned rights, title, and interest in those claims for 

the benefit of the Fund. 

(iv) APPLICATION FOR CONDITIONAL PAYMENT.—A 

United States person who is a judgment creditor or 

a Settling Judgment Creditor in the proceedings identified in clause (iii) and who does not elect to participate 


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129 STAT. 3014 PUBLIC LAW 114–113—DEC. 18, 2015 

in the Fund may, notwithstanding such failure to elect, 

submit an application for conditional payment from 

the Fund, subject to the following limitations: 

(I) IN GENERAL.—Notwithstanding any such 

claimant’s eligibility for payment and the initial 

deadline for initial payments set forth in subsection (d)(2), the Special Master shall allocate 

but withhold payment to an eligible claimant who 

applies for a conditional payment under this paragraph until such time as an adverse final judgment 

is entered in both of the proceedings identified 

in clause (iii). 

(II) EXCEPTION.— (aa) In the event that an adverse final 

judgment is entered in the proceedings captioned Peterson v. Islamic Republic of Iran, 

No. 10 Civ. 4518 (S.D.N.Y), prior to a final 

judgment being entered in the proceedings 

captioned In Re 650 Fifth Avenue & Related 

Properties, No. 08 Civ. 10934 (S.D.N.Y. filed 

Dec. 17, 2008), the Special Master shall 

release a portion of an eligible claimant’s 

conditional payment to such eligible claimant 

if the Special Master anticipates that such 

claimant will receive less than the amount 

of the conditional payment from any proceeds 

from a final judgment that is entered in favor 

of the plaintiffs in In Re 650 Fifth Avenue 

& Related Properties. Such portion shall not 

exceed the difference between the amount of 

the conditional payment and the amount the 

Special Master anticipates such claimant will 

receive from the proceeds of In Re 650 Fifth 

Avenue & Related Properties. 

(bb) In the event that a final judgment 

is entered in favor of the plaintiffs in the 

proceedings captioned Peterson v. Islamic 

Republic of Iran, No. 10 Civ. 4518 (S.D.N.Y) 

and funds are distributed, the payments allocated to claimants who applied for a conditional payment under this subparagraph shall 

be considered void, and any funds previously 

allocated to such conditional payments shall 

be made available and distributed to all other 

eligible claimants pursuant to subsection (d). 

(3) EXPENDITURES FROM FUND.—Amounts in the Fund shall 

be available, without further appropriation, for the payment 

of eligible claims and compensation of the Special Master in 

accordance with this section. 

(4) MANAGEMENT OF FUND.—The Fund shall be managed 

and invested in the same manner as a trust fund is managed 

and invested under section 9602 of the Internal Revenue Code 

of 1986. 

(5) FUNDING.—There is appropriated to the Fund, out of 

any money in the Treasury not otherwise appropriated, 

$1,025,000,000 for fiscal year 2017, to remain available until 

expended. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3015 

(6) TERMINATION.— 

(A) IN GENERAL.—Amounts in the Fund may not be 

obligated on or after January 2, 2026. 

(B) CLOSING OF FUND.—Effective on the day after all 

amounts authorized to be paid from the Fund under this 

section that were obligated before January 2, 2026 are 

expended, any unobligated balances in the Fund shall be 

transferred, as appropriate, to either the Department of 

the Treasury Forfeiture Fund established under section 

9705 of title 31, United States Code, or to the Department 

of Justice Assets Forfeiture Fund established under section 

524(c)(1) of title 28, United States Code. 

(f) ATTORNEYS’ FEES AND COSTS.— 

(1) IN GENERAL.—No attorney shall charge, receive, or collect, and the Special Master shall not approve, any payment 

of fees and costs that in the aggregate exceeds 25 percent 

of any payment made under this section. 

(2) PENALTY.—Any attorney who violates paragraph (1) 

shall be fined under title 18, United States Code, imprisoned 

for not more than 1 year, or both. 

(g) AWARD OF COMPENSATION TO INFORMERS.— 

(1) IN GENERAL.—Any United States person who holds a 

final judgment described in subsection (c)(2)(A) or a claim under 

subsection (c)(2)(B) or (c)(2)(C) and who meets the requirements 

set forth in paragraph (2) is entitled to receive an award 

of 10 percent of the funds deposited in the Fund under subsection (e)(2) attributable to information such person furnished 

to the Attorney General that leads to a forfeiture described 

in subsection (e)(2)(A), which is made after the date of enactment of this Act pursuant to a proceeding resulting in forfeiture 

that was initiated after the date of enactment of this Act. 

(2) PERSON DESCRIBED.—A person meets the requirements 

of this paragraph if— 

(A) the person identifies and notifies the Attorney General of funds or property— 

(i) of a state sponsor of terrorism, or held by a 

third party on behalf of or subject to the control of 

that state sponsor of terrorism; 

(ii) that were not previously identified or known 

by the United States Government; and 

(iii) that are subsequently forfeited directly or in 

the form of substitute assets to the United States; 

and 

(B) the Attorney General finds that the identification 

and notification under subparagraph (A) by that person 

substantially contributed to the forfeiture to the United 

States. 

(h) SPECIAL EXCLUSION FROM COMPENSATION.—In no event 

shall an individual who is criminally culpable for an act of international terrorism receive any compensation under this section, 

either directly or on behalf of a victim. 

(i) REPORT TO CONGRESS.—Within 30 days after authorizing 

the payment of compensation of eligible claims pursuant to subsection (d), the Special Master shall submit to the chairman and 

ranking minority member of the Committee on the Judiciary of 

the House of Representatives and the chairman and ranking 


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129 STAT. 3016 PUBLIC LAW 114–113—DEC. 18, 2015 

minority member of the Committee on the Judiciary of the Senate 

a report on the payment of eligible claims, which shall include— 

(1) an explanation of the procedures for filing and processing of applications for compensation; and 

(2) an analysis of the payments made to United States 

persons from the Fund and the amount of outstanding eligible 

claims, including— 

(A) the number of applications for compensation submitted; 

(B) the number of applications approved and the 

amount of each award; 

(C) the number of applications denied and the reasons 

for the denial; 

(D) the number of applications for compensation that 

are pending for which compensatory damages have not 

been paid in full; and 

(E) the total amount of compensatory damages from 

eligible claims that have been paid and that remain unpaid. 

(j) DEFINITIONS.—In this section the following definitions apply: 

(1) ACT OF INTERNATIONAL TERRORISM.—The term ‘‘act of 

international terrorism’’ includes— 

(A) an act of torture, extrajudicial killing, aircraft sabotage, or hostage taking as those terms are defined in section 

1605A(h) of title 28, United States Code; and 

(B) providing material support or resources, as defined 

in section 2339A of title 18, United States Code, for an 

act described in subparagraph (A). 

(2) ADVERSE FINAL JUDGMENT.—The term ‘‘adverse final 

judgment’’ means a final judgment in favor of the defendant, 

or defendants, in the proceedings identified in subsection 

(e)(2)(B)(iii), or which does not order any payment from, or 

award any interest in, the assets at issue in such proceedings 

to the plaintiffs, judgment creditors, or Settling Judgment 

Creditors in such proceedings. 

(3) COMPENSATORY DAMAGES.—The term ‘‘compensatory 

damages’’ does not include pre-judgment or post-judgment 

interest or punitive damages. 

(4) FINAL JUDGMENT.—The term ‘‘final judgment’’ means 

an enforceable final judgment, decree or order on liability and 

damages entered by a United States district court that is not 

subject to further appellate review, but does not include a 

judgment, decree, or order that has been waived, relinquished, 

satisfied, espoused by the United States, or subject to a bilateral 

claims settlement agreement between the United States and 

a foreign state. In the case of a default judgment, such judgment 

shall not be considered a final judgment until such time as 

service of process has been completed pursuant to section 

1608(e) of title 28, United States Code. 

(5) FUND.—The term ‘‘Fund’’ means the United States Victims of State Sponsored Terrorism Fund established by this 

section. 

(6) SOURCE OTHER THAN THIS FUND.—The term ‘‘source 

other than this Fund’’ means all collateral sources, including 

life insurance, pension funds, death benefit programs, payments 

by Federal, State, or local governments (including payments 

from the September 11th Victim Compensation Fund (49 U.S.C. 

40101 note)), and court awarded compensation related to the 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3017 

act of international terrorism that gave rise to a claimant’s 

final judgment. The term ‘‘entitled or scheduled to receive’’ 

in subsection (d)(3)(B)(i) includes any potential recovery where 

that person or their representative is a party to any civil 

or administrative action pending in any court or agency of 

competent jurisdiction in which the party seeks to enforce the 

judgment giving rise to the application to the Fund. 

(7) STATE SPONSOR OF TERRORISM.—The term ‘‘state sponsor 

of terrorism’’ means a country the government of which the 

Secretary of State has determined, for purposes of section 6(j) 

of the Export Administration Act of 1979 (50 U.S.C. 4605(j)), 

section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 

2371), section 40 of the Arms Export Control Act (22 U.S.C. 

2780), or any other provision of law, is a government that 

has repeatedly provided support for acts of international terrorism. 

(8) UNITED STATES PERSON.—The term ‘‘United States person’’ means a natural person who has suffered an injury arising 

from the actions of a foreign state for which the foreign state 

has been determined not to be immune from the jurisdiction 

of the courts of the United States under section 1605A or 

section 1605(a)(7) (as such section was in effect on January 

27, 2008) of title 28, United States Code, or is eligible to 

make a claim under subsection (c)(2)(B) or subsection (c)(2)(C). 

(k) SEVERABILITY.—The provisions of this section are severable. 

If any provision of this section, or any application thereof, is found 

unconstitutional, that finding shall not affect any provision or 

application of this section not so adjudicated. 

SEC. 405. BUDGETARY PROVISIONS. 

(a) LIMITATION.—Notwithstanding any other provision of law, 

including section 982 of title 18, United States Code, and section 

413 of the Controlled Substances Act (21 U.S.C. 853), none of 

the funds paid to the United States Government by BNP Paribas 

S.A. as part of, or related to, a plea agreement dated June 27, 

2014, entered into between the Department of Justice and BNP 

Paribas S.A., and subject to a consent order entered by the United 

States District Court for the Southern District of New York on 

May 1, 2015, in United States v. BNPP, No. 14 Cr. 460 (S.D.N.Y.) 

to settle charges against BNP Paribas S.A. for conspiracy to commit 

an offense against the United States in violation of section 371 

of title 18, United States Code, by conspiring to violate the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), 

and the Trading with the Enemy Act (50 U.S.C. 4301 et seq.), 

may be used by the United States Government— 

(1) in any manner in furtherance of the proposed use 

of such funds by the Department of Justice to compensate 

individuals as announced by the Department of Justice on 

May 1, 2015; or 

(2) in any other manner whatsoever, including in furtherance of any program to compensate victims of international 

or state sponsored terrorism, except as such funds are directed 

by Congress pursuant to this title and the amendments made 

by this title. 

(b) RESCISSION OF FUNDS FROM BNP SETTLEMENT.—Of the 

amounts in the Department of the Treasury Forfeiture Fund established under section 9705 of title 31, United States Code, 


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129 STAT. 3018 PUBLIC LAW 114–113—DEC. 18, 2015 

$3,800,000,000 from funds paid to the United States Government 

by BNP Paribas S.A. as part of, or related to, a plea agreement 

dated June 27, 2014, entered into between the Department of 

Justice and BNP Paribas S.A., and subject to a consent order 

entered by the United States District Court for the Southern District 

of New York on May 1, 2015, in United States v. BNPP, No. 

14 Cr. 460 (S.D.N.Y.), shall be deobligated, if necessary, and shall 

be permanently rescinded. 

TITLE V—MEDICARE AND MEDICAID 

PROVISIONS 

SEC. 501. MEDICARE IMPROVEMENT FUND. 

Section 1898(b)(1) of the Social Security Act (42 U.S.C. 1395iii(b)(1)) is amended by striking ‘‘$205,000,000’’ and inserting 

‘‘$5,000,000’’. 

SEC. 502. MEDICARE PAYMENT INCENTIVE FOR THE TRANSITION 

FROM TRADITIONAL X-RAY IMAGING TO DIGITAL RADIOGRAPHY AND OTHER MEDICARE IMAGING PAYMENT PROVISION. 

(a) PHYSICIAN FEE SCHEDULE.— (1) PAYMENT INCENTIVE FOR TRANSITION.— 

(A) IN GENERAL.—Section 1848(b) of the Social Security 

Act (42 U.S.C. 1395w–4(b)) is amended by adding at the 

end the following new paragraph: 

‘‘(9) SPECIAL RULE TO INCENTIVIZE TRANSITION FROM TRADITIONAL X-RAY IMAGING TO DIGITAL RADIOGRAPHY.— 

‘‘(A) LIMITATION ON PAYMENT FOR FILM X-RAY IMAGING

SERVICES.—In the case of an imaging service (including 

the imaging portion of a service) that is an X-ray taken 

using film and that is furnished during 2017 or a subsequent year, the payment amount for the technical component (including the technical component portion of a global 

service) of such service that would otherwise be determined 

under this section (without application of this paragraph 

and before application of any other adjustment under this 

section) for such year shall be reduced by 20 percent. 

‘‘(B) PHASED-IN LIMITATION ON PAYMENT FOR COMPUTED

RADIOGRAPHY IMAGING SERVICES.—In the case of an 

imaging service (including the imaging portion of a service) 

that is an X-ray taken using computed radiography technology— 

‘‘(i) in the case of such a service furnished during 

2018, 2019, 2020, 2021, or 2022, the payment amount 

for the technical component (including the technical 

component portion of a global service) of such service 

that would otherwise be determined under this section 

(without application of this paragraph and before 

application of any other adjustment under this section) 

for such year shall be reduced by 7 percent; and 

‘‘(ii) in the case of such a service furnished during 

2023 or a subsequent year, the payment amount for 

the technical component (including the technical 

component portion of a global service) of such service 

that would otherwise be determined under this section 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3019 

(without application of this paragraph and before 

application of any other adjustment under this section) 

for such year shall be reduced by 10 percent. 

‘‘(C) COMPUTED RADIOGRAPHY TECHNOLOGY DEFINED.— 

For purposes of this paragraph, the term ‘computed radiography technology’ means cassette-based imaging which utilizes an imaging plate to create the image involved. 

‘‘(D) IMPLEMENTATION.—In order to implement this 

paragraph, the Secretary shall adopt appropriate mechanisms which may include use of modifiers.’’. 

(B) EXEMPTION FROM BUDGET NEUTRALITY.—Section 

1848(c)(2)(B)(v) of the Social Security Act (42 U.S.C. 

1395w–4(c)(2)(B)(v)) is amended by adding at the end the 

following new subclause: 

‘‘(X) REDUCED EXPENDITURES ATTRIBUTABLE TO

INCENTIVES TO TRANSITION TO DIGITAL RADIOGRAPHY.—Effective for fee schedules established 

beginning with 2017, reduced expenditures attributable to subparagraph (A) of subsection (b)(9) and 

effective for fee schedules established beginning 

with 2018, reduced expenditures attributable to 

subparagraph (B) of such subsection.’’. 

(2) REDUCTION OF DISCOUNT IN PAYMENT FOR PROFESSIONAL

COMPONENT OF MULTIPLE IMAGING SERVICES.— 

(A) IN GENERAL.—Section 1848(b) of the Social Security 

Act (42 U.S.C. 1395w–4(b)), as amended by paragraph (1), 

is amended by adding at the end the following new paragraph: 

‘‘(10) REDUCTION OF DISCOUNT IN PAYMENT FOR PROFESSIONAL COMPONENT OF MULTIPLE IMAGING SERVICES.—In the 

case of the professional component of imaging services furnished 

on or after January 1, 2017, instead of the 25 percent reduction 

for multiple procedures specified in the final rule published 

by the Secretary in the Federal Register on November 28, 

2011, as amended in the final rule published by the Secretary 

in the Federal Register on November 16, 2012, the reduction 

percentage shall be 5 percent.’’. 

(B) EXEMPTION FROM BUDGET NEUTRALITY.—Section 

1848(c)(2)(B)(v) of the Social Security Act (42 U.S.C. 1395w 

4(c)(2)(B)(v)), as amended by paragraph (1), is amended 

by adding at the end by the following new subclause: 

‘‘(XI) DISCOUNT IN PAYMENT FOR PROFESSIONAL

COMPONENT OF IMAGING SERVICES.—Effective for 

fee schedules established beginning with 2017, 

reduced expenditures attributable to subsection 

(b)(10).’’. 

(C) CONFORMING AMENDMENT.—Section 220(i) of the 

Protecting Access to Medicare Act of 2014 (42 U.S.C. 

1395w–4 note) is repealed. 

(b) PAYMENT INCENTIVE FOR TRANSITION UNDER HOSPITAL OUTPATIENT PROSPECTIVE PAYMENT SYSTEM.—Section 1833(t)(16) of the 

Social Security Act (42 U.S.C. 1395(t)(16)) is amended by adding 

at the end the following new subparagraph: 

‘‘(F) PAYMENT INCENTIVE FOR THE TRANSITION FROM

TRADITIONAL X-RAY IMAGING TO DIGITAL RADIOGRAPHY.— 

Notwithstanding the previous provisions of this subsection: 


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129 STAT. 3020 PUBLIC LAW 114–113—DEC. 18, 2015 

‘‘(i) LIMITATION ON PAYMENT FOR FILM X-RAY

IMAGING SERVICES.—In the case of an imaging service 

that is an X-ray taken using film and that is furnished 

during 2017 or a subsequent year, the payment amount 

for such service (including the X-ray component of 

a packaged service) that would otherwise be determined under this section (without application of this 

paragraph and before application of any other adjustment under this subsection) for such year shall be 

reduced by 20 percent. 

‘‘(ii) PHASED-IN LIMITATION ON PAYMENT FOR COMPUTED RADIOGRAPHY IMAGING SERVICES.—In the case 

of an imaging service that is an X-ray taken using 

computed radiography technology (as defined in section 

1848(b)(9)(C))— 

‘‘(I) in the case of such a service furnished 

during 2018, 2019, 2020, 2021, or 2022, the payment amount for such service (including the Xray component of a packaged service) that would 

otherwise be determined under this section (without application of this paragraph and before 

application of any other adjustment under this 

subsection) for such year shall be reduced by 7 

percent; and 

‘‘(II) in the case of such a service furnished 

during 2023 or a subsequent year, the payment 

amount for such service (including the X-ray 

component of a packaged service) that would otherwise be determined under this section (without 

application of this paragraph and before application of any other adjustment under this subsection) 

for such year shall be reduced by 10 percent. 

‘‘(iii) APPLICATION WITHOUT REGARD TO BUDGET

NEUTRALITY.—The reductions made under this 

subparagraph— 

‘‘(I) shall not be considered an adjustment 

under paragraph (2)(E); and 

‘‘(II) shall not be implemented in a budget 

neutral manner. 

‘‘(iv) IMPLEMENTATION.—In order to implement this 

subparagraph, the Secretary shall adopt appropriate 

mechanisms which may include use of modifiers.’’. 

SEC. 503. LIMITING FEDERAL MEDICAID REIMBURSEMENT TO STATES 

FOR DURABLE MEDICAL EQUIPMENT (DME) TO MEDICARE 

PAYMENT RATES. 

(a) MEDICAID REIMBURSEMENT.— 

(1) IN GENERAL.—Section 1903(i) of the Social Security 

Act (42 U.S.C. 1396b(i)) is amended— 

(A) in paragraph (25), by striking ‘‘or’’ at the end; 

(B) in paragraph (26), by striking the period at the 

end and inserting ‘‘; or’’; and 

(C) by inserting after paragraph (26) the following 

new paragraph: 

‘‘(27) with respect to any amounts expended by the State 

on the basis of a fee schedule for items described in section 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3021 

1861(n) and furnished on or after January 1, 2019, as determined in the aggregate with respect to each class of such 

items as defined by the Secretary, in excess of the aggregate 

amount, if any, that would be paid for such items within 

such class on a fee-for-service basis under the program under 

part B of title XVIII, including, as applicable, under a competitive acquisition program under section 1847 in an area of 

the State.’’. 

(2) RULE OF CONSTRUCTION.—Nothing in the amendments 

made by paragraph (1) shall be construed to prohibit a State 

Medicaid program from providing medical assistance for 

durable medical equipment for which payment is denied or 

not available under the Medicare program under title XVIII 

of such Act. 

(b) EVALUATING APPLICATION OF DME PAYMENT LIMITS UNDER

MEDICAID.—The Secretary of Health and Human Services shall 

evaluate the impact of applying Medicare payment rates with 

respect to payment for durable medical equipment under the Medicaid program under section 1903(i)(27) of the Social Security Act, 

as inserted by subsection (a)(1)(C). The Secretary shall make available to the public the results of such evaluation. 

SEC. 504. TREATMENT OF DISPOSABLE DEVICES. 

(a) IN GENERAL.—Section 1834 of the Social Security Act (42 

U.S.C. 1395m) is amended by adding at the end the following 

new subsection: 

‘‘(s) PAYMENT FOR APPLICABLE DISPOSABLE DEVICES.— 

‘‘(1) SEPARATE PAYMENT.—The Secretary shall make a payment (separate from the payments otherwise made under section 1895) in the amount established under paragraph (3) to 

a home health agency for an applicable disposable device (as 

defined in paragraph (2)) when furnished on or after January 

1, 2017, to an individual who receives home health services 

for which payment is made under section 1895(b). 

‘‘(2) APPLICABLE DISPOSABLE DEVICE.—In this subsection, 

the term applicable disposable device means a disposable device 

that, as determined by the Secretary, is— 

‘‘(A) a disposable negative pressure wound therapy 

device that is an integrated system comprised of a nonmanual vacuum pump, a receptacle for collecting exudate, 

and dressings for the purposes of wound therapy; and 

‘‘(B) a substitute for, and used in lieu of, a negative 

pressure wound therapy durable medical equipment item 

that is an integrated system of a negative pressure vacuum 

pump, a separate exudate collection canister, and dressings 

that would otherwise be covered for individuals for such 

wound therapy. 

‘‘(3) PAYMENT AMOUNT.—The separate payment amount 

established under this paragraph for an applicable disposable 

device for a year shall be equal to the amount of the payment 

that would be made under section 1833(t) (relating to payment 

for covered OPD services) for the year for the Level I Healthcare 

Common Procedure Coding System (HCPCS) code for which 

the description for a professional service includes the furnishing 

of such device.’’. 

(b) CONFORMING AMENDMENTS.— 

42 USC 1396b 

note. 


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129 STAT. 3022 PUBLIC LAW 114–113—DEC. 18, 2015 

(1) COINSURANCE.—Section 1833(a)(1) of the Social Security 

Act (42 U.S.C. 1395l(a)(1)) is amended— 

(A) by striking ‘‘and (Z)’’ and inserting ‘‘(Z)’’; and 

(B) by inserting before the semicolon at the end the 

following: ‘‘, and (AA) with respect to an applicable disposable device (as defined in paragraph (2) of section 1834(s)) 

furnished to an individual pursuant to paragraph (1) of 

such section, the amount paid shall be equal to 80 percent 

of the lesser of the actual charge or the amount determined 

under paragraph (3) of such section’’. 

(2) HOME HEALTH.—Section 1861(m)(5) of the Social Security Act (42 U.S.C. 1395x(m)(5)) is amended by inserting ‘‘and 

applicable disposable devices (as defined in section 1834(s)(2))’’ 

after ‘‘durable medical equipment’’. 

(c) REPORTS.— 

(1) GAO STUDY AND REPORT ON DISPOSABLE DEVICES.— 

(A) STUDY.—The Comptroller General of the United 

States shall conduct a study on the value of disposable 

devices to the Medicare program and Medicare beneficiaries 

and the role of disposable devices as substitutes for durable 

medical equipment. Such study shall address the following: 

(i) The types of disposable devices that could potentially qualify as being substitutes for durable medical 

equipment under the Medicare program, the similarities and differences between such disposable devices 

and the durable medical equipment for which they 

would be a substitute, and the extent to which other 

payers, including the Medicaid program and private 

payers, cover such disposable devices. 

(ii) Views of, and information from, medical device 

manufacturers, providers of services, and suppliers on 

the incentives and disincentives under current Medicare coverage and payment policies for disposable 

devices that are substitutes for durable medical equipment and how such policies affect manufacturers’ 

decisions to develop innovative products and providers’ 

and suppliers’ decisions to use such products. 

(iii) Implications of expanding coverage under the 

Medicare program to include additional disposable 

devices that are substitutes for durable medical equipment. 

(iv) Payment methodologies that could be used 

to pay for disposable devices that are substitutes for 

durable medical equipment other than applicable 

disposable devices pursuant to the amendments made 

by subsections (a) and (b). 

(v) Other applicable areas determined appropriate 

by the Comptroller General. 

(B) REPORT.—Not later than 18 months after the date 

of the enactment of this Act, the Comptroller General of 

the United States shall submit to Congress and the Secretary of Health and Human Services a report on the 

study conducted under subparagraph (A), together with 

recommendations for such legislation and administrative 

action as the Comptroller General determines to be appropriate. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3023 

(2) GAO STUDY AND REPORT ON THE IMPACT OF THE PAY- MENT OF APPLICABLE DISPOSABLE DEVICES.— (A) STUDY.—The Comptroller General of the United 

States shall conduct a study on the impact of the payment 

for applicable disposable devices (as defined in section 

1834(s)(2) of the Social Security Act) under the provisions 

of, and the amendments made by, subsections (a) and (b). 

Such study shall address the following: 

(i) The impact on utilization and Medicare program 

and beneficiary spending as a result of such provisions 

and amendments. 

(ii) The type of Medicare beneficiaries who, under 

the home health benefit, use the applicable disposable 

device and the period of use of the applicable disposable 

devices compared to the beneficiaries who use the substitute durable medical equipment and their period 

of use. 

(iii) How payment rates of other payers, including 

the Medicaid program and private payers, for 

applicable disposable devices compare to the payment 

rates for such devices under such provisions and 

amendments. 

(iv) Other applicable areas determined appropriate 

by the Comptroller General. 

(B) REPORT.—Not later than 4 years after the date 

of the enactment of this Act, the Comptroller General of 

the United States shall submit to Congress and the Secretary of Health and Human Services a report on the 

study conducted under subparagraph (A), together with 

recommendations for such legislation and administrative 

action as the Comptroller General determines to be appropriate. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall apply to items furnished on or after January 1, 2017. 

TITLE VI—PUERTO RICO 

SEC. 601. MODIFICATION OF MEDICARE INPATIENT HOSPITAL PAYMENT RATE FOR PUERTO RICO HOSPITALS. 

Section 1886(d)(9)(E) of the Social Security Act (42 U.S.C. 

1395ww(d)(9)(E)) is amended— 

(1) by striking ‘‘and’’ at the end of clause (iii); 

(2) in clause (iv)— 

(A) by inserting ‘‘and before January 1, 2016,’’ after 

‘‘2004,’’; and 

(B) by striking the period at the end and inserting 

‘‘; and’’; and 

(3) by adding at the end the following new clause: 

‘‘(v) on or after January 1, 2016, the applicable Puerto 

Rico percentage is 0 percent and the applicable Federal percentage is 100 percent.’’. 

SEC. 602. APPLICATION OF MEDICARE HITECH PAYMENTS TO HOSPITALS IN PUERTO RICO. 

(a) IN GENERAL.—Subsection (n)(6)(B) of section 1886 of the 

Social Security Act (42 U.S.C. 1395ww) is amended by striking 

42 USC 1395l 

note. 


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129 STAT. 3024 PUBLIC LAW 114–113—DEC. 18, 2015 

‘‘subsection (d) hospital’’ and inserting ‘‘hospital that is a subsection 

(d) hospital or a subsection (d) Puerto Rico hospital’’. 

(b) CONFORMING AMENDMENTS.— 

(1) Subsection (b)(3)(B)(ix) of section 1886 of the Social 

Security Act (42 U.S.C. 1395ww) is amended— 

(A) in subclause (I), by striking ‘‘(n)(6)(A)’’ and inserting 

‘‘(n)(6)(B)’’; and 

(B) in subclause (II), by striking ‘‘a subsection (d) hospital’’ and inserting ‘‘an eligible hospital’’. 

(2) Paragraphs (2) and (4)(A) of section 1853(m) of the 

Social Security Act (42 U.S.C. 1395w–23(m)) are each amended 

by striking ‘‘1886(n)(6)(A)’’ and inserting ‘‘1886(n)(6)(B)’’. 

(c) IMPLEMENTATION.—Notwithstanding any other provision of 

law, the Secretary of Health and Human Services may implement 

the amendments made by this section by program instruction or 

otherwise. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall apply as if included in the enactment of the American Recovery 

and Reinvestment Act of 2009 (Public Law 111–5), except that, 

in order to take into account delays in the implementation of 

this section, in applying subsections (b)(3)(B)(ix), (n)(2)(E)(ii), and 

(n)(2)(G)(i) of section 1886 of the Social Security Act, as amended 

by this section, any reference in such subsections to a particular 

year shall be treated with respect to a subsection (d) Puerto Rico 

hospital as a reference to the year that is 5 years after such 

particular year (or 7 years after such particular year in the case 

of applying subsection (b)(3)(B)(ix) of such section). 

TITLE VII—FINANCIAL SERVICES 

SEC. 701. TABLE OF CONTENTS. 

The table of contents for this title is as follows: 

Sec. 701. Table of contents. 

Sec. 702. Limitations on sale of preferred stock. 

Sec. 703. Confidentiality of information shared between State and Federal financial 

services regulators. 

Sec. 704. Application of FACA. 

Sec. 705. Treatment of affiliate transactions. 

Sec. 706. Ensuring the protection of insurance policyholders. 

Sec. 707. Limitation on SEC funds. 

Sec. 708. Elimination of reporting requirement. 

Sec. 709. Extension of Hardest Hit Fund; Termination of Making Home Affordable 

initiative. 

SEC. 702. LIMITATIONS ON SALE OF PREFERRED STOCK. 

(a) DEFINITIONS.—In this section: 

(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Treasury. 

(2) SENIOR PREFERRED STOCK PURCHASE AGREEMENT.—The 

term ‘‘Senior Preferred Stock Purchase Agreement’’ means— 

(A) the Amended and Restated Senior Preferred Stock 

Purchase Agreement, dated September 26, 2008, as such 

Agreement has been amended on May 6, 2009, December 

24, 2009, and August 17, 2012, respectively, and as such 

Agreement may be further amended and restated, entered 

into between the Department of the Treasury and each 

enterprise, as applicable; and 

42 USC 

1395w–23 note. 

42 USC 

1395w–23 note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3025 

(B) any provision of any certificate in connection with 

such Agreement creating or designating the terms, powers, 

preferences, privileges, limitations, or any other conditions 

of the Variable Liquidation Preference Senior Preferred 

Stock of an enterprise issued or sold pursuant to such 

Agreement. 

(b) LIMITATIONS ON SALE OF PREFERRED STOCK.—Notwithstanding any other provision of law or any provision of the Senior 

Preferred Stock Purchase Agreement, until at least January 1, 

2018, the Secretary may not sell, transfer, relinquish, liquidate, 

divest, or otherwise dispose of any outstanding shares of senior 

preferred stock acquired pursuant to the Senior Preferred Stock 

Purchase Agreement, unless Congress has passed and the President 

has signed into law legislation that includes a specific instruction 

to the Secretary regarding the sale, transfer, relinquishment, liquidation, divestiture, or other disposition of the senior preferred 

stock so acquired. 

(c) SENSE OF CONGRESS.—It is the Sense of Congress that 

Congress should pass and the President should sign into law legislation determining the future of Fannie Mae and Freddie Mac, and 

that notwithstanding the expiration of subsection (b), the Secretary 

should not sell, transfer, relinquish, liquidate, divest, or otherwise 

dispose of any outstanding shares of senior preferred stock acquired 

pursuant to the Senior Preferred Stock Purchase Agreement until 

such legislation is enacted. 

SEC. 703. CONFIDENTIALITY OF INFORMATION SHARED BETWEEN 

STATE AND FEDERAL FINANCIAL SERVICES REGULATORS. 

Section 1512(a) of the S.A.F.E. Mortgage Licensing Act of 2008 

(12 U.S.C. 5111(a)) is amended by inserting ‘‘or financial services’’ 

before ‘‘industry’’. 

SEC. 704. APPLICATION OF FACA. 

Section 1013 of the Consumer Financial Protection Act of 2010 

(12 U.S.C. 5493) is amended by adding at the end the following: 

‘‘(h) APPLICATION OF FACA.—Notwithstanding any provision 

of the Federal Advisory Committee Act (5 U.S.C. App.), such Act 

shall apply to each advisory committee of the Bureau and each 

subcommittee of such an advisory committee.’’. 

SEC. 705. TREATMENT OF AFFILIATE TRANSACTIONS. 

(a) COMMODITY EXCHANGE ACT AMENDMENTS.—Section 

2(h)(7)(D) of the Commodity Exchange Act (7 U.S.C. 2(h)(7)(D)) 

is amended— 

(1) by redesignating clause (iii) as clause (v); 

(2) by striking clauses (i) and (ii) and inserting the following: 

‘‘(i) IN GENERAL.—An affiliate of a person that 

qualifies for an exception under subparagraph (A) 

(including affiliate entities predominantly engaged in 

providing financing for the purchase of the merchandise or manufactured goods of the person) may qualify 

for the exception only if the affiliate— 

‘‘(I) enters into the swap to hedge or mitigate 

the commercial risk of the person or other affiliate 

of the person that is not a financial entity, and 

the commercial risk that the affiliate is hedging 

or mitigating has been transferred to the affiliate; 


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129 STAT. 3026 PUBLIC LAW 114–113—DEC. 18, 2015 

‘‘(II) is directly and wholly-owned by another 

affiliate qualified for the exception under this 

subparagraph or an entity that is not a financial 

entity; 

‘‘(III) is not indirectly majority-owned by a 

financial entity; 

‘‘(IV) is not ultimately owned by a parent company that is a financial entity; and 

‘‘(V) does not provide any services, financial 

or otherwise, to any affiliate that is a nonbank 

financial company supervised by the Board of Governors (as defined under section 102 of the Financial Stability Act of 2010). 

‘‘(ii) LIMITATION ON QUALIFYING AFFILIATES.—The 

exception in clause (i) shall not apply if the affiliate 

is— 

‘‘(I) a swap dealer; 

‘‘(II) a security-based swap dealer; 

‘‘(III) a major swap participant; 

‘‘(IV) a major security-based swap participant; 

‘‘(V) a commodity pool; 

‘‘(VI) a bank holding company; 

‘‘(VII) a private fund, as defined in section 

202(a) of the Investment Advisers Act of 1940 (15 

U.S.C. 80–b–2(a)); 

‘‘(VIII) an employee benefit plan or government plan, as defined in paragraphs (3) and (32) 

of section 3 of the Employee Retirement Income 

Security Act of 1974 (29 U.S.C. 1002); 

‘‘(IX) an insured depository institution; 

‘‘(X) a farm credit system institution; 

‘‘(XI) a credit union; 

‘‘(XII) a nonbank financial company supervised 

by the Board of Governors (as defined under section 102 of the Financial Stability Act of 2010); 

or 

‘‘(XIII) an entity engaged in the business of 

insurance and subject to capital requirements 

established by an insurance governmental 

authority of a State, a territory of the United 

States, the District of Columbia, a country other 

than the United States, or a political subdivision 

of a country other than the United States that 

is engaged in the supervision of insurance companies under insurance law. 

‘‘(iii) LIMITATION ON AFFILIATES’ AFFILIATES.— 

Unless the Commission determines, by order, rule, or 

regulation, that it is in the public interest, the exception in clause (i) shall not apply with respect to an 

affiliate if the affiliate is itself affiliated with— 

‘‘(I) a major security-based swap participant; 

‘‘(II) a security-based swap dealer; 

‘‘(III) a major swap participant; or 

‘‘(IV) a swap dealer. 

‘‘(iv) CONDITIONS ON TRANSACTIONS.—With respect 

to an affiliate that qualifies for the exception in clause 

(i)— 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3027 

‘‘(I) the affiliate may not enter into any swap 

other than for the purpose of hedging or mitigating 

commercial risk; and 

‘‘(II) neither the affiliate nor any person affiliated with the affiliate that is not a financial entity 

may enter into a swap with or on behalf of any 

affiliate that is a financial entity or otherwise 

assume, net, combine, or consolidate the risk of 

swaps entered into by any such financial entity, 

except one that is an affiliate that qualifies for 

the exception under clause (i).’’; and 

(3) by adding at the end the following: 

‘‘(vi) RISK MANAGEMENT PROGRAM.—Any swap 

entered into by an affiliate that qualifies for the exception in clause (i) shall be subject to a centralized risk 

management program of the affiliate, which is reasonably designed both to monitor and manage the risks 

associated with the swap and to identify each of the 

affiliates on whose behalf a swap was entered into.’’. 

(b) SECURITIES EXCHANGE ACT OF 1934 AMENDMENT.—Section 

3C(g)(4) of the Securities Exchange Act of 1934 (15 U.S.C. 78c– 

3(g)(4)) is amended— 

(1) by redesignating subparagraph (C) as subparagraph 

(E); 

(2) by striking subparagraphs (A) and (B) and inserting 

the following: 

‘‘(A) IN GENERAL.—An affiliate of a person that qualifies 

for an exception under this subsection (including affiliate 

entities predominantly engaged in providing financing for 

the purchase of the merchandise or manufactured goods 

of the person) may qualify for the exception only if the 

affiliate— 

‘‘(i) enters into the security-based swap to hedge 

or mitigate the commercial risk of the person or other 

affiliate of the person that is not a financial entity, 

and the commercial risk that the affiliate is hedging 

or mitigating has been transferred to the affiliate; 

‘‘(ii) is directly and wholly-owned by another affiliate qualified for the exception under this paragraph 

or an entity that is not a financial entity; 

‘‘(iii) is not indirectly majority-owned by a financial 

entity; 

‘‘(iv) is not ultimately owned by a parent company 

that is a financial entity; and 

‘‘(v) does not provide any services, financial or 

otherwise, to any affiliate that is a nonbank financial 

company supervised by the Board of Governors (as 

defined under section 102 of the Financial Stability 

Act of 2010). 

‘‘(B) LIMITATION ON QUALIFYING AFFILIATES.—The 

exception in subparagraph (A) shall not apply if the affiliate 

is— 

‘‘(i) a swap dealer; 

‘‘(ii) a security-based swap dealer; 

‘‘(iii) a major swap participant; 

‘‘(iv) a major security-based swap participant; 

‘‘(v) a commodity pool; 


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129 STAT. 3028 PUBLIC LAW 114–113—DEC. 18, 2015 

‘‘(vi) a bank holding company; 

‘‘(vii) a private fund, as defined in section 202(a) 

of the Investment Advisers Act of 1940 (15 U.S.C. 

80–b–2(a)); 

‘‘(viii) an employee benefit plan or government 

plan, as defined in paragraphs (3) and (32) of section 

3 of the Employee Retirement Income Security Act 

of 1974 (29 U.S.C. 1002); 

‘‘(ix) an insured depository institution; 

‘‘(x) a farm credit system institution; 

‘‘(xi) a credit union; 

‘‘(xii) a nonbank financial company supervised by 

the Board of Governors (as defined under section 102 

of the Financial Stability Act of 2010); or 

‘‘(xiii) an entity engaged in the business of insurance and subject to capital requirements established 

by an insurance governmental authority of a State, 

a territory of the United States, the District of 

Columbia, a country other than the United States, 

or a political subdivision of a country other than the 

United States that is engaged in the supervision of 

insurance companies under insurance law. 

‘‘(C) LIMITATION ON AFFILIATES’ AFFILIATES.—Unless 

the Commission determines, by order, rule, or regulation, 

that it is in the public interest, the exception in subparagraph (A) shall not apply with respect to an affiliate if 

such affiliate is itself affiliated with— 

‘‘(i) a major security-based swap participant; 

‘‘(ii) a security-based swap dealer; 

‘‘(iii) a major swap participant; or 

‘‘(iv) a swap dealer. 

‘‘(D) CONDITIONS ON TRANSACTIONS.—With respect to 

an affiliate that qualifies for the exception in subparagraph 

(A)— 

‘‘(i) such affiliate may not enter into any securitybased swap other than for the purpose of hedging 

or mitigating commercial risk; and 

‘‘(ii) neither such affiliate nor any person affiliated 

with such affiliate that is not a financial entity may 

enter into a security-based swap with or on behalf 

of any affiliate that is a financial entity or otherwise 

assume, net, combine, or consolidate the risk of security-based swaps entered into by any such financial 

entity, except one that is an affiliate that qualifies 

for the exception under subparagraph (A).’’; and 

(3) by adding at the end the following: 

‘‘(F) RISK MANAGEMENT PROGRAM.—Any security-based 

swap entered into by an affiliate that qualifies for the 

exception in subparagraph (A) shall be subject to a centralized risk management program of the affiliate, which is 

reasonably designed both to monitor and manage the risks 

associated with the security-based swap and to identify 

each of the affiliates on whose behalf a security-based 

swap was entered into.’’. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3029 

SEC. 706. ENSURING THE PROTECTION OF INSURANCE POLICYHOLDERS. 

(a) SOURCE OF STRENGTH.—Section 38A of the Federal Deposit 

Insurance Act (12 U.S.C. 1831o–1) is amended— 

(1) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and 

(2) by inserting after subsection (b) the following: 

‘‘(c) AUTHORITY OF STATE INSURANCE REGULATOR.— 

‘‘(1) IN GENERAL.—The provisions of section 5(g) of the 

Bank Holding Company Act of 1956 (12 U.S.C. 1844(g)) shall 

apply to a savings and loan holding company that is an insurance company, an affiliate of an insured depository institution 

that is an insurance company, and to any other company that 

is an insurance company and that directly or indirectly controls 

an insured depository institution, to the same extent as the 

provisions of that section apply to a bank holding company 

that is an insurance company. 

‘‘(2) RULE OF CONSTRUCTION.—Requiring a bank holding 

company that is an insurance company, a savings and loan 

holding company that is an insurance company, an affiliate 

of an insured depository institution that is an insurance company, or any other company that is an insurance company 

and that directly or indirectly controls an insured depository 

institution to serve as a source of financial strength under 

this section shall be deemed an action of the Board that requires 

a bank holding company to provide funds or other assets to 

a subsidiary depository institution for purposes of section 5(g) 

of the Bank Holding Company Act of 1956 (12 U.S.C. 1844(g)).’’. 

(b) LIQUIDATION AUTHORITY.—The Dodd-Frank Wall Street 

Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.) 

is amended— 

(1) in section 203(e)(3) (12 U.S.C. 5383(e)(3)), by inserting 

‘‘or rehabilitation’’ after ‘‘orderly liquidation’’ each place that 

term appears; and 

(2) in section 204(d)(4) (12 U.S.C. 5384(d)(4)), by inserting 

before the semicolon at the end the following: ‘‘, except that, 

if the covered financial company or covered subsidiary is an 

insurance company or a subsidiary of an insurance company, 

the Corporation— 

‘‘(A) shall promptly notify the State insurance authority 

for the insurance company of the intention to take such 

lien; and 

‘‘(B) may only take such lien— 

‘‘(i) to secure repayment of funds made available 

to such covered financial company or covered subsidiary; and 

‘‘(ii) if the Corporation determines, after consultation with the State insurance authority, that such lien 

will not unduly impede or delay the liquidation or 

rehabilitation of the insurance company, or the 

recovery by its policyholders’’. 

SEC. 707. LIMITATION ON SEC FUNDS. 

None of the funds made available by any division of this Act 

shall be used by the Securities and Exchange Commission to 

finalize, issue, or implement any rule, regulation, or order regarding 


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129 STAT. 3030 PUBLIC LAW 114–113—DEC. 18, 2015 

the disclosure of political contributions, contributions to tax exempt 

organizations, or dues paid to trade associations. 

SEC. 708. ELIMINATION OF REPORTING REQUIREMENT. 

Paragraph (6) of section 21(h) of the Securities Exchange Act 

of 1934 (15 U.S.C. 78u(h)) is repealed. 

SEC. 709. EXTENSION OF HARDEST HIT FUND; TERMINATION OF 

MAKING HOME AFFORDABLE INITIATIVE. 

(a) EXTENSION OF HARDEST HIT FUND.—Section 120(b) of the 

Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5230(b)) 

is amended by inserting after the period at the end the following: 

‘‘Notwithstanding the foregoing, the Secretary may further extend 

the authority provided under this Act to expire on December 31, 

2017, provided that (1) any such extension shall apply only with 

respect to current program participants in the Housing Finance 

Agency Innovation Fund for the Hardest Hit Housing Markets, 

and (2) funds obligated following such extension shall not exceed 

$2,000,000,000.’’. 

(b) TERMINATION.— 

(1) IN GENERAL.—The Making Home Affordable initiative 

of the Secretary of the Treasury, as authorized under the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5201 et 

seq.), shall terminate on December 31, 2016. 

(2) APPLICABILITY.—Paragraph (1) shall not apply to any 

loan modification application made under the Home Affordable 

Modification Program under the Making Home Affordable initiative of the Secretary of the Treasury, as authorized under 

the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 

5201 et seq.), before December 31, 2016. 

TITLE VIII—LAND AND WATER 

CONSERVATION FUND 

SEC. 801. LAND AND WATER CONSERVATION FUND. 

(a) REAUTHORIZATION.—Section 200302 of title 54, United 

States Code, is amended— 

(1) in subsection (b), in the language preceding paragraph 

(1), by striking ‘‘September 30, 2015’’ and inserting ‘‘September 

30, 2018’’; and 

(2) in subsection (c)(1), by striking ‘‘September 30, 2015’’ 

and inserting ‘‘September 30, 2018’’. 

(b) PROHIBITION ON USE OF CONDEMNATION OR EMINENT

DOMAIN.—Except as provided by subsection (c), for fiscal years 

2016, 2017, and 2018, unless otherwise provided by division G 

of this Act or an Act enacted after this Act making appropriations 

for the Department of the Interior, Environment, and Related Agencies, no funds appropriated by such division or Act for the acquisition of lands or interests in lands may be expended for the filing 

of declarations of taking or complaints in condemnation without 

the approval of the House and Senate Committees on Appropriations. 

(c) EXCEPTION FOR EVERGLADES.—Hereafter, subsection (b) 

shall not apply to funds appropriated to implement the Everglades 

National Park Protection and Expansion Act of 1989, or to funds 

12 USC 5230 

note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3031 

appropriated for Federal assistance to the State of Florida to acquire 

lands for Everglades restoration purposes. 

TITLE IX—NATIONAL OCEANS AND 

COASTAL SECURITY 

SEC. 901. SHORT TITLE. 

This title may be cited as the ‘‘National Oceans and Coastal 

Security Act’’. 

SEC. 902. DEFINITIONS. 

In this title: 

(1) COASTAL COUNTY.—The term ‘‘coastal county’’ has the 

meaning given the term by the National Oceanic and 

Atmospheric Administration in the document entitled ‘‘NOAA’s 

List of Coastal Counties for the Bureau of the Census’’ (or 

similar successor document). 

(2) COASTAL STATE.—The term ‘‘coastal State’’ has the 

meaning given the term ‘‘coastal state’’ in section 304 of the 

Coastal Zone Management Act of 1972 (16 U.S.C. 1453). 

(3) FOUNDATION.—The term ‘‘Foundation’’ means the 

National Fish and Wildlife Foundation established by section 

2(a) of the National Fish and Wildlife Foundation Establishment Act (16 U.S.C. 3701(a)). 

(4) FUND.—The term ‘‘Fund’’ means the National Oceans 

and Coastal Security Fund established under section 904(a). 

(5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ means any federally recognized Indian tribe. 

(6) ADMINISTRATOR.—Except as otherwise specifically provided, the term ‘‘Administrator’’ means the Under Secretary 

of Commerce for Oceans and Atmosphere and Administrator 

of the National Oceanic and Atmospheric Administration. 

(7) TIDAL SHORELINE.—The term ‘‘tidal shoreline’’ has the 

meaning given that term pursuant to section 923.110(c)(2)(i) 

of title 15, Code of Federal Regulations, or a similar successor 

regulation. 

SEC. 903. PURPOSES AND AGREEMENTS. 

(a) PURPOSES.—The purposes of this title are to better understand and utilize the oceans, coasts, and Great Lakes of the United 

States, and ensure present and future generations will benefit 

from the full range of ecological, economic, social, and recreational 

opportunities, security, and services these resources are capable 

of providing. 

(b) AGREEMENTS.—The Administrator and the Foundation may 

enter into such agreements as may be necessary to carry out the 

purposes of this title. 

SEC. 904. NATIONAL OCEANS AND COASTAL SECURITY FUND. 

(a) ESTABLISHMENT.—The Administrator and the Foundation 

are authorized to establish the National Oceans and Coastal Security Fund as a tax exempt fund to further the purposes of this 

title. 

(b) DEPOSITS.— 

16 USC 7503. 

16 USC 7502. 

16 USC 7501. 

16 USC 7501 

note. 

National Oceans 

and Coastal 

Security Act. 


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129 STAT. 3032 PUBLIC LAW 114–113—DEC. 18, 2015 

(1) IN GENERAL.—There shall be deposited into the Fund 

amounts appropriated or otherwise made available to carry 

out this title. 

(2) PROHIBITIONS ON DONATIONS FROM FOREIGN GOVERN- MENTS.—No amounts donated by a foreign government, as 

defined in section 7342 of title 5, United States Code, may 

be deposited into the Fund. 

(c) REQUIREMENTS.—Any amounts received by the Foundation 

pursuant to this title shall be subject to the provisions of the 

National Fish and Wildlife Foundation Establishment Act (16 

U.S.C. 3701 et seq.), except the provisions of— 

(1) section 4(e)(1)(B) of that Act (16 U.S.C. 3703(e)(1)(B)); 

and 

(2) section 10(a) of that Act (16 U.S.C. 3709(a)). 

(d) EXPENDITURE.—Of the amounts deposited into the Fund 

for each fiscal year— 

(1) funds may be used by the Foundation to award grants 

to coastal States under section 906(b); 

(2) funds may be used by the Foundation to award grants 

under section 906(c); 

(3) no more than 2 percent may be used by the Administrator and the Foundation for administrative expenses to carry 

out this title, which amount shall be divided between the 

Administrator and the Foundation pursuant to an agreement 

reached and documented by both the Administrator and the 

Foundation. 

(e) RECOVERY OF PAYMENTS.—After notice and an opportunity 

for a hearing, the Administrator is authorized to recover any Federal payments under this section if the Foundation— 

(1) makes a withdrawal or expenditure from the Fund 

that is not consistent with the requirements of section 905; 

or 

(2) fails to comply with a procedure, measure, method, 

or standard established under section 906(a)(1). 

SEC. 905. ELIGIBLE USES. 

(a) IN GENERAL.—Amounts in the Fund may be allocated by 

the Foundation to support programs and activities intended to 

better understand and utilize ocean and coastal resources and 

coastal infrastructure, including baseline scientific research, ocean 

observing, and other programs and activities carried out in coordination with Federal and State departments or agencies. 

(b) PROHIBITION ON USE OF FUNDS FOR LITIGATION OR OTHER

PURPOSES.—No funds made available under this title may be used 

to— 

(1) fund litigation against the Federal Government; or 

(2) fund the creation of national marine monuments and 

marine protected areas, marine spatial planning, or the 

National Ocean Policy. 

SEC. 906. GRANTS. 

(a) ADMINISTRATION OF GRANTS.— 

(1) IN GENERAL.—Not later than 90 days after funds are 

deposited into the Fund and made available to the Foundation 

for administrative purposes, the Foundation shall establish the 

following: 

(A) Application and review procedures for the awarding 

of grants under this section, including requirements 

16 USC 7505. 

16 USC 7504. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3033 

ensuring that any amounts awarded under such subsections may only be used for an eligible use described 

under section 905. 

(B) Selection procedures and criteria for the awarding 

of grants under this section that— 

(i) require consultation with the Administrator and 

the Secretary of the Interior; and 

(ii) prioritize the projects or activities where nonFederal partners have committed to share the cost 

of the project. 

(C) Eligibility criteria for awarding grants— 

(i) under subsection (b) to coastal States; and 

(ii) under subsection (c) to— 

(I) entities including States, local governments, and Indian tribes; and 

(II) the research and restoration work of 

associations, nongovernmental organizations, 

public-private partnerships, and academic institutions. 

(D) Performance accountability and monitoring measures for programs and activities funded by a grant awarded 

under subsection (b) or (c). 

(E) Procedures and methods to ensure accurate 

accounting and appropriate administration of grants 

awarded under this section, including standards of recordkeeping. 

(F) Procedures to carry out audits of the Fund as 

necessary, but not less frequently than once every year 

if grants have been awarded in that year. 

(G) Procedures to carry out audits of the recipients 

of grants under this section. 

(H) Procedures to make publicly available on the Internet a list of all projects funded by the Fund, that includes 

at a minimum the grant recipient, grant amount, project 

description, and project status. 

(2) APPROVAL.—The Foundation shall submit to the 

Administrator for approval each procedure, measure, method, 

and standard established under paragraph (1). 

(b) GRANTS TO COASTAL STATES.— 

(1) IN GENERAL.—The Administrator and the Foundation 

may award grants according to the procedures established in 

subsection (a) to coastal States and United States territories 

to support activities consistent with section 904. In determining 

distribution of grants, the Foundation may— 

(A) consider for each State— 

(i) percent of total United States shoreline miles; 

(ii) coastal population density; and 

(iii) other factors; 

(B) establish criteria for States, including the requirement for a State to establish a plan to distribute the 

funds; and 

(C) establish a maximum and minimum percentage 

of funding to be awarded to each State or United States 

territory. 

(2) INDIAN TRIBES.—As a condition on receipt of a grant 

under this subsection, a State that receives a grant under 

this subsection shall ensure that Indian tribes in the State 


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129 STAT. 3034 PUBLIC LAW 114–113—DEC. 18, 2015 

are eligible to participate in any competitive grants established 

in this title. 

(c) NATIONAL GRANTS FOR OCEANS, COASTS, AND GREAT

LAKES.— (1) IN GENERAL.—The Administrator and the Foundation 

may award grants according to the procedures established in 

subsection (a) to support activities consistent with section 905. 

(2) ADVISORY PANEL.— (A) IN GENERAL.—The Foundation may establish an 

advisory panel to conduct reviews of applications for grants 

under paragraph (1) and the Foundation may consider 

the recommendations of the advisory panel with respect 

to such applications. 

(B) MEMBERSHIP.—The advisory panel described under 

subparagraph (A) shall include persons representing— 

(i) ocean and coastal dependent industries; 

(ii) geographic regions as defined by the Foundation; and 

(iii) academic institutions. 

SEC. 907. ANNUAL REPORT. 

(a) REQUIREMENT FOR ANNUAL REPORT.—Subject to subsection 

(c), beginning with fiscal year 2017, not later than 60 days after 

the end of each fiscal year, the Foundation shall submit to the 

Committee on Commerce, Science, and Transportation of the Senate 

and the Committee on Natural Resources of the House of Representatives a report on the operation of the Fund during that fiscal 

year. 

(b) CONTENT.—Each annual report submitted under subsection 

(a) for a fiscal year shall include— 

(1) a full and complete statement of the receipts, including 

the source of all receipts, expenditures, and investments of 

the Fund; 

(2) a statement of the amounts deposited in the Fund 

and the balance remaining in the Fund at the end of the 

fiscal year; and 

(3) a description of the expenditures made from the Fund 

for the fiscal year, including the purpose of the expenditures. 

SEC. 908. FUNDING. 

There is authorized to be appropriated such sums as are necessary for fiscal years 2017, 2018, and 2019 for this title. 

TITLE X—BUDGETARY PROVISIONS 

SEC. 1001. BUDGETARY EFFECTS. 

(a) STATUTORY PAYGO SCORECARDS.—The budgetary effects 

of division M and each succeeding division shall not be entered 

on either PAYGO scorecard maintained pursuant to section 4(d) 

of the Statutory Pay-As-You-Go Act of 2010. 

(b) SENATE PAYGO SCORECARDS.—The budgetary effects of 

division M and each succeeding division shall not be entered on 

any PAYGO scorecard maintained for purposes of section 201 of 

S. Con. Res. 21 (110th Congress). 

(c) CLASSIFICATION OF BUDGETARY EFFECTS.—Notwithstanding 

Rule 3 of the Budget Scorekeeping Guidelines set forth in the 

16 USC 7507. 

16 USC 7506. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3035 

joint explanatory statement of the committee of conference accompanying Conference Report 105-217 and section 250(c)(8) of the 

Balanced Budget and Emergency Deficit Control Act of 1985, the 

budgetary effects of division M and each succeeding division shall 

not be estimated— 

(1) for purposes of section 251 of the such Act; and 

(2) for purposes of paragraph (4)(C) of section 3 of the 

Statutory Pay-As-You-Go Act of 2010 as being included in an 

appropriation Act. 

SEC. 1002. AUTHORITY TO MAKE ADJUSTMENT IN FY 2016 ALLOCATION. 

(a) IN GENERAL.—After the date of enactment of this Act, 

the chair of the Committee on the Budget of the House of Representatives may revise appropriate allocations, aggregates, and levels 

established by Senate Concurrent Resolution 11 (114th Congress) 

to achieve consistency with the Bipartisan Budget Act of 2015. 

(b) EXERCISE OF RULEMAKING POWERS.—The House adopts the 

provisions of this section— 

(1) as an exercise of the rulemaking power of the House 

of Representatives and as such they shall be considered as 

part of the rules of the House of Representatives, and these 

rules shall supersede other rules only to the extent that they 

are inconsistent with other such rules; and 

(2) with full recognition of the constitutional right of the 

House of Representatives to change those rules at any time, 

in the same manner, and to the same extent as in the case 

of any other rule of the House of Representatives. 

SEC. 1003. ESTIMATES. 

Section 251(a)(7)(B) of the Balanced Budget and Emergency 

Deficit Control Act of 1985 (2 U.S.C. 901(a)(7)(B)) is amended 

in the first sentence by striking ‘‘the CBO estimate of that legislation, an OMB estimate of the amount of discretionary new budget 

authority and outlays’’ and inserting ‘‘both the CBO and OMB 

estimates of the amount of discretionary new budget authority’’. 

TITLE XI—IRAQ LOAN AUTHORITY 

SEC. 1101. IRAQ LOAN AUTHORITY. 

(a) AUTHORITY.—During fiscal year 2016, direct loans under 

section 23 of the Arms Export Control Act may be made available 

for Iraq, gross obligations for the principal amounts of which shall 

not exceed $2,700,000,000: Provided, That funds appropriated under 

the heading ‘‘Foreign Military Financing Program’’ in title VIII 

of the Department of State, Foreign Operations and Related Programs Appropriations Act, 2016 that are designated by the Congress 

for Overseas Contingency Operations/Global War on Terrorism 

pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, may be made available for the 

costs, as defined in section 502 of the Congressional Budget Act 

of 1974, of direct loans, except that such funds may not be derived 

from amounts specifically designated by such Acts for countries 

other than Iraq: Provided further, That such costs, including the 

cost of modifying such loans, shall be as defined in section 502 

of the Congressional Budget Act of 1974, and may include the 

costs of selling, reducing, or cancelling any amounts owed to the 

United States or any agency of the United States by Iraq: Provided 


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129 STAT. 3036 PUBLIC LAW 114–113—DEC. 18, 2015 

further, That the Government of the United States may charge 

fees for such loans, which shall be collected from borrowers in 

accordance with section 502(7) of the Congressional Budget Act 

of 1974: Provided further, That no funds made available to Iraq 

by the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2016 or previous appropriations Acts 

may be used for payment of any fees associated with such loans: 

Provided further, That applicable provisions of section 3 of the 

Arms Export Control Act relating to restrictions on transfers, retransfers and end-use shall apply to defense articles and services 

purchased with such loans: Provided further, That, in consultation 

with the Government of Iraq, special emphasis shall be placed 

on assistance to covered groups (as defined in section 1223(e)(2)(D) 

of Public Law 114–92) with the loans made available pursuant 

to this paragraph: Provided further, That such loans shall be repaid 

in not more than 12 years, including a grace period of up to 

1 year on repayment of principal. 

(b) CONSULTATION AND NOTIFICATION.—Funds made available 

pursuant to this section shall be subject to prior consultation with 

the appropriate congressional committees, and subject to the regular 

notification procedures of the Committees on Appropriations. 

(c) COMMITTEES.—For the purposes of this section, the terms 

‘‘appropriate congressional committees’’ and ‘‘Committees on Appropriations’’ have the same meaning as used in the Department 

of State, Foreign Operations and Related Programs Appropriations 

Act, 2016. 

(d) BUDGETARY EFFECTS.—Section 1001 of title X of this division 

shall not apply to this section. 

DIVISION P—TAX-RELATED PROVISIONS 

SEC. 1. TABLE OF CONTENTS. 

The table of contents for this division is as follows: 

Sec. 1. Table of contents. 

TITLE I—HIGH COST EMPLOYER-SPONSORED HEALTH COVERAGE EXCISE 

TAX PROVISIONS 

Sec. 101. Delay of excise tax on high cost employer-sponsored health coverage. 

Sec. 102. Deductibility of excise tax on high cost employer-sponsored health coverage. 

Sec. 103. Study on suitable benchmarks for age and gender adjustment of excise 

tax on high cost employer-sponsored health coverage. 

TITLE II—ANNUAL FEE ON HEALTH INSURANCE PROVIDERS 

Sec. 201. Moratorium on annual fee on health insurance providers. 

TITLE III—MISCELLANEOUS PROVISIONS 

Sec. 301. Extension and phaseout of credits for wind facilities. 

Sec. 302. Extension of election to treat qualified facilities as energy property. 

Sec. 303. Extension and phaseout of solar energy credit. 

Sec. 304. Extension and phaseout of credits with respect to qualified solar electric 

property and qualified solar water heating property. 

Sec. 305. Treatment of transportation costs of independent refiners. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3037 

TITLE I—HIGH COST EMPLOYER-SPONSORED HEALTH COVERAGE EXCISE 

TAX PROVISIONS 

SEC. 101. DELAY OF EXCISE TAX ON HIGH COST EMPLOYER-SPONSORED HEALTH COVERAGE. 

(a) IN GENERAL.—Sections 9001(c) and 10901(c) of the Patient 

Protection and Affordable Care Act, as amended by section 1401(b) 

of the Health Care and Education Reconciliation Act of 2010, are 

each amended by striking ‘‘2017’’ and inserting ‘‘2019’’. 

(b) CONFORMING AMENDMENT.—Clause (v) of section 

4980I(b)(3)(C) of the Internal Revenue Code of 1986 is amended— 

(1) by striking ‘‘as in effect’’ and inserting ‘‘as determined 

for’’, and 

(2) by striking ‘‘as so in effect’’ and inserting ‘‘as so determined’’. 

SEC. 102. DEDUCTIBILITY OF EXCISE TAX ON HIGH COST EMPLOYERSPONSORED HEALTH COVERAGE. 

Paragraph (10) of section 4980I(f) of the Internal Revenue 

Code of 1986 is amended to read as follows: 

‘‘(10) DEDUCTIBILITY OF TAX.—Section 275(a)(6) shall not 

apply to the tax imposed by subsection (a).’’. 

SEC. 103. STUDY ON SUITABLE BENCHMARKS FOR AGE AND GENDER 

ADJUSTMENT OF EXCISE TAX ON HIGH COST EMPLOYERSPONSORED HEALTH COVERAGE. 

Not later than 18 months after the date of the enactment 

of this Act, the Comptroller General of the United States, in consultation with the National Association of Insurance Commissioners, shall report to the Committee on Finance of the Senate 

and the Committee on Ways and Means of the House of Representatives on— 

(1) the suitability of the use (in effect under section 

4980I(b)(3)(C)(iii)(II) of the Internal Revenue Code of 1986 as 

of the date of the enactment of this Act) of the premium 

cost of the Blue Cross/Blue Shield standard benefit option under 

the Federal Employees Health Benefits Plan as a benchmark 

for the age and gender adjustment of the applicable dollar 

limit with respect to the excise tax on high cost employersponsored health coverage under section 4980I of the Internal 

Revenue Code of 1986; and 

(2) recommendations regarding any more suitable benchmarks for such age and gender adjustment. 

TITLE II—ANNUAL FEE ON HEALTH 

INSURANCE PROVIDERS 

SEC. 201. MORATORIUM ON ANNUAL FEE ON HEALTH INSURANCE PROVIDERS. 

Subsection (j) of section 9010 of the Patient Protection and 

Affordable Care Act is amended to read as follows: 

‘‘(j) EFFECTIVE DATE.—This section shall apply to calendar 

years— 

26 USC 4001 

note prec. 

26 USC 4980I 

notes. 

26 USC 4980I 

notes. 


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129 STAT. 3038 PUBLIC LAW 114–113—DEC. 18, 2015 

‘‘(1) beginning after December 31, 2013, and ending before 

January 1, 2017, and 

‘‘(2) beginning after December 31, 2017.’’. 

TITLE III—MISCELLANEOUS 

PROVISIONS 

SEC. 301. EXTENSION AND PHASEOUT OF CREDITS FOR WIND FACILITIES. 

(a) IN GENERAL.— (1) EXTENSION.—Paragraph (1) of section 45(d) of the 

Internal Revenue Code of 1986 is amended by striking ‘‘January 

1, 2015’’ and inserting ‘‘January 1, 2020’’. 

(2) PHASEOUT.—Subsection (b) of section 45 of such Code 

is amended by adding at the end the following new paragraph: 

‘‘(5) PHASEOUT OF CREDIT FOR WIND FACILITIES.—In the 

case of any facility using wind to produce electricity, the amount 

of the credit determined under subsection (a) (determined after 

the application of paragraphs (1), (2), and (3) and without 

regard to this paragraph) shall be reduced by— 

‘‘(A) in the case of any facility the construction of 

which begins after December 31, 2016, and before January 

1, 2018, 20 percent, 

‘‘(B) in the case of any facility the construction of 

which begins after December 31, 2017, and before January 

1, 2019, 40 percent, and 

‘‘(C) in the case of any facility the construction of 

which begins after December 31, 2018, and before January 

1, 2020, 60 percent.’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on January 1, 2015. 

SEC. 302. EXTENSION OF ELECTION TO TREAT QUALIFIED FACILITIES 

AS ENERGY PROPERTY. 

(a) IN GENERAL.—Clause (ii) of section 48(a)(5)(C) is amended 

by inserting ‘‘(January 1, 2020, in the case of any facility which 

is described in paragraph (1) of section 45(d))’’ before ‘‘, and’’. 

(b) PHASEOUT FOR WIND FACILITIES.—Paragraph (5) of section 

48(a) is amended by adding at the end the following new subparagraph: 

‘‘(E) PHASEOUT OF CREDIT FOR WIND FACILITIES.—In 

the case of any facility using wind to produce electricity, 

the amount of the credit determined under this section 

(determined after the application of paragraphs (1) and 

(2) and without regard to this subparagraph) shall be 

reduced by— 

‘‘(i) in the case of any facility the construction 

of which begins after December 31, 2016, and before 

January 1, 2018, 20 percent, 

‘‘(ii) in the case of any facility the construction 

of which begins after December 31, 2017, and before 

January 1, 2019, 40 percent, and 

‘‘(iii) in the case of any facility the construction 

of which begins after December 31, 2018, and before 

January 1, 2020, 60 percent.’’. 

26 USC 48. 

26 USC 45 note. 

26 USC 45. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3039 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on January 1, 2015. 

SEC. 303. EXTENSION AND PHASEOUT OF SOLAR ENERGY CREDIT. 

(a) EXTENSION.—Subclause (II) of section 48(a)(2)(A)(i) of the 

Internal Revenue Code of 1986 is amended by striking ‘‘periods 

ending before January 1, 2017’’ and inserting ‘‘property the 

construction of which begins before January 1, 2022’’. 

(b) PHASEOUT FOR SOLAR ENERGY PROPERTY.—Subsection (a) 

of section 48 of such Code is amended by adding at the end the 

following new paragraph: 

‘‘(6) PHASEOUT FOR SOLAR ENERGY PROPERTY.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), in the 

case of any energy property described in paragraph (3)(A)(i) 

the construction of which begins before January 1, 2022, 

the energy percentage determined under paragraph (2) 

shall be equal to— 

‘‘(i) in the case of any property the construction 

of which begins after December 31, 2019, and before 

January 1, 2021, 26 percent, and 

‘‘(ii) in the case of any property the construction 

of which begins after December 31, 2020, and before 

January 1, 2022, 22 percent. 

‘‘(B) PLACED IN SERVICE DEADLINE.—In the case of any 

property energy property described in paragraph (3)(A)(i) 

the construction of which begins before January 1, 2022, 

and which is not placed in service before January 1, 2024, 

the energy percentage determined under paragraph (2) 

shall be equal to 10 percent.’’. 

(c) CONFORMING AMENDMENT.—Subparagraph (A) of section 

48(a)(2) of such Code is amended by striking ‘‘The energy percentage’’ and inserting ‘‘Except as provided in paragraph (6), the energy 

percentage’’. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the date of the enactment of this Act. 

SEC. 304. EXTENSION AND PHASEOUT OF CREDITS WITH RESPECT 

TO QUALIFIED SOLAR ELECTRIC PROPERTY AND QUALIFIED SOLAR WATER HEATING PROPERTY. 

(a) IN GENERAL.—Section 25D of the Internal Revenue Code 

of 1986 is amended— 

(1) in paragraphs (1) and (2) of subsection (a), by striking 

‘‘30 percent’’ each place it appears and inserting ‘‘the applicable 

percentage’’, 

(2) in subsection (g), by inserting ‘‘(December 31, 2021, 

in the case of any qualified solar electric property expenditures 

and qualified solar water heating property expenditures)’’ before 

the period at the end, 

(3) by redesignating subsection (g), as amended by paragraph (2), as subsection (h), and 

(4) by inserting after subsection (f) the following new subsection: 

‘‘(g) APPLICABLE PERCENTAGE.—For purposes of paragraphs (1) 

and (2) of subsection (a), the applicable percentage shall be— 

‘‘(1) in the case of property placed in service after December 

31, 2016, and before January 1, 2020, 30 percent, 

‘‘(2) in the case of property placed in service after December 

31, 2019, and before January 1, 2021, 26 percent, and 

26 USC 48 note. 

26 USC 48 note. 


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129 STAT. 3040 PUBLIC LAW 114–113—DEC. 18, 2015 

‘‘(3) in the case of property placed in service after December 

31, 2020, and before January 1, 2022, 22 percent.’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on January 1, 2017. 

SEC. 305. TREATMENT OF TRANSPORTATION COSTS OF INDEPENDENT 

REFINERS. 

(a) IN GENERAL.—Paragraph (3) of section 199(c) of the Internal 

Revenue Code of 1986 is amended by adding at the end the following 

new subparagraph: 

‘‘(C) TRANSPORTATION COSTS OF INDEPENDENT

REFINERS.— 

‘‘(i) IN GENERAL.—In the case of any taxpayer who 

is in the trade or business of refining crude oil and 

who is not a major integrated oil company (as defined 

in section 167(h)(5)(B), determined without regard to 

clause (iii) thereof) for the taxable year, in computing 

oil related qualified production activities income under 

subsection (d)(9)(B), the amount allocated to domestic 

production gross receipts under paragraph (1)(B) for 

costs related to the transportation of oil shall be 25 

percent of the amount properly allocable under such 

paragraph (determined without regard to this subparagraph). 

‘‘(ii) TERMINATION.—Clause (i) shall not apply to 

any taxable year beginning after December 31, 2021.’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to taxable years beginning after December 31, 2015. 

DIVISION Q—PROTECTING AMERICANS 

FROM TAX HIKES ACT OF 2015 

SECTION 1. SHORT TITLE, ETC. 

(a) SHORT TITLE.—This division may be cited as the ‘‘Protecting 

Americans from Tax Hikes Act of 2015’’. 

(b) AMENDMENT OF 1986 CODE.—Except as otherwise expressly 

provided, whenever in this division an amendment or repeal is 

expressed in terms of an amendment to, or repeal of, a section 

or other provision, the reference shall be considered to be made 

to a section or other provision of the Internal Revenue Code of 

1986. 

(c) TABLE OF CONTENTS.—The table of contents for this division 

is as follows: 

DIVISION Q—PROTECTING AMERICANS FROM TAX HIKES ACT OF 2015 

Sec. 1. Short title, etc. 

TITLE I—EXTENDERS 

Subtitle A—Permanent Extensions 

PART 1—TAX RELIEF FOR FAMILIES AND INDIVIDUALS

Sec. 101. Enhanced child tax credit made permanent. 

Sec. 102. Enhanced American opportunity tax credit made permanent. 

Sec. 103. Enhanced earned income tax credit made permanent. 

Sec. 104. Extension and modification of deduction for certain expenses of elementary and secondary school teachers. 

Sec. 105. Extension of parity for exclusion from income for employer-provided mass 

transit and parking benefits. 

26 USC 1 note. 

Protecting 

Americans from 

Tax Hikes Act 

of 2015. 

26 USC 199 note. 

26 USC 199. 

26 USC 25D 

note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3041 

Sec. 106. Extension of deduction of State and local general sales taxes. 

PART 2—INCENTIVES FOR CHARITABLE GIVING

Sec. 111. Extension and modification of special rule for contributions of capital gain 

real property made for conservation purposes. 

Sec. 112. Extension of tax-free distributions from individual retirement plans for 

charitable purposes. 

Sec. 113. Extension and modification of charitable deduction for contributions of 

food inventory. 

Sec. 114. Extension of modification of tax treatment of certain payments to controlling exempt organizations. 

Sec. 115. Extension of basis adjustment to stock of S corporations making charitable contributions of property. 

PART 3—INCENTIVES FOR GROWTH, JOBS, INVESTMENT, AND INNOVATION

Sec. 121. Extension and modification of research credit. 

Sec. 122. Extension and modification of employer wage credit for employees who 

are active duty members of the uniformed services. 

Sec. 123. Extension of 15-year straight-line cost recovery for qualified leasehold improvements, qualified restaurant buildings and improvements, and 

qualified retail improvements. 

Sec. 124. Extension and modification of increased expensing limitations and treatment of certain real property as section 179 property. 

Sec. 125. Extension of treatment of certain dividends of regulated investment companies. 

Sec. 126. Extension of exclusion of 100 percent of gain on certain small business 

stock. 

Sec. 127. Extension of reduction in S-corporation recognition period for built-in 

gains tax. 

Sec. 128. Extension of subpart F exception for active financing income. 

PART 4—INCENTIVES FOR REAL ESTATE INVESTMENT

Sec. 131. Extension of minimum low-income housing tax credit rate for non-Federally subsidized buildings. 

Sec. 132. Extension of military housing allowance exclusion for determining whether a tenant in certain counties is low-income. 

Sec. 133. Extension of RIC qualified investment entity treatment under FIRPTA. 

Subtitle B—Extensions Through 2019 

Sec. 141. Extension of new markets tax credit. 

Sec. 142. Extension and modification of work opportunity tax credit. 

Sec. 143. Extension and modification of bonus depreciation. 

Sec. 144. Extension of look-thru treatment of payments between related controlled 

foreign corporations under foreign personal holding company rules. 

Subtitle C—Extensions Through 2016 

PART 1—TAX RELIEF FOR FAMILIES AND INDIVIDUALS

Sec. 151. Extension and modification of exclusion from gross income of discharge of 

qualified principal residence indebtedness. 

Sec. 152. Extension of mortgage insurance premiums treated as qualified residence 

interest. 

Sec. 153. Extension of above-the-line deduction for qualified tuition and related expenses. 

PART 2—INCENTIVES FOR GROWTH, JOBS, INVESTMENT, AND INNOVATION

Sec. 161. Extension of Indian employment tax credit. 

Sec. 162. Extension and modification of railroad track maintenance credit. 

Sec. 163. Extension of mine rescue team training credit. 

Sec. 164. Extension of qualified zone academy bonds. 

Sec. 165. Extension of classification of certain race horses as 3-year property. 

Sec. 166. Extension of 7-year recovery period for motorsports entertainment complexes. 

Sec. 167. Extension and modification of accelerated depreciation for business property on an Indian reservation. 

Sec. 168. Extension of election to expense mine safety equipment. 

Sec. 169. Extension of special expensing rules for certain film and television productions; special expensing for live theatrical productions. 

Sec. 170. Extension of deduction allowable with respect to income attributable to 

domestic production activities in Puerto Rico. 


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129 STAT. 3042 PUBLIC LAW 114–113—DEC. 18, 2015 

Sec. 171. Extension and modification of empowerment zone tax incentives. 

Sec. 172. Extension of temporary increase in limit on cover over of rum excise taxes 

to Puerto Rico and the Virgin Islands. 

Sec. 173. Extension of American Samoa economic development credit. 

Sec. 174. Moratorium on medical device excise tax. 

PART 3—INCENTIVES FOR ENERGY PRODUCTION AND CONSERVATION

Sec. 181. Extension and modification of credit for nonbusiness energy property. 

Sec. 182. Extension of credit for alternative fuel vehicle refueling property. 

Sec. 183. Extension of credit for 2-wheeled plug-in electric vehicles. 

Sec. 184. Extension of second generation biofuel producer credit. 

Sec. 185. Extension of biodiesel and renewable diesel incentives. 

Sec. 186. Extension and modification of production credit for Indian coal facilities. 

Sec. 187. Extension of credits with respect to facilities producing energy from certain renewable resources. 

Sec. 188. Extension of credit for energy-efficient new homes. 

Sec. 189. Extension of special allowance for second generation biofuel plant property. 

Sec. 190. Extension of energy efficient commercial buildings deduction. 

Sec. 191. Extension of special rule for sales or dispositions to implement FERC or 

State electric restructuring policy for qualified electric utilities. 

Sec. 192. Extension of excise tax credits relating to alternative fuels. 

Sec. 193. Extension of credit for new qualified fuel cell motor vehicles. 

TITLE II—PROGRAM INTEGRITY 

Sec. 201. Modification of filing dates of returns and statements relating to employee wage information and nonemployee compensation to improve 

compliance. 

Sec. 202. Safe harbor for de minimis errors on information returns and payee statements. 

Sec. 203. Requirements for the issuance of ITINs. 

Sec. 204. Prevention of retroactive claims of earned income credit after issuance of 

social security number. 

Sec. 205. Prevention of retroactive claims of child tax credit. 

Sec. 206. Prevention of retroactive claims of American opportunity tax credit. 

Sec. 207. Procedures to reduce improper claims. 

Sec. 208. Restrictions on taxpayers who improperly claimed credits in prior year. 

Sec. 209. Treatment of credits for purposes of certain penalties. 

Sec. 210. Increase the penalty applicable to paid tax preparers who engage in willful or reckless conduct. 

Sec. 211. Employer identification number required for American opportunity tax 

credit. 

Sec. 212. Higher education information reporting only to include qualified tuition 

and related expenses actually paid. 

TITLE III—MISCELLANEOUS PROVISIONS 

Subtitle A—Family Tax Relief 

Sec. 301. Exclusion for amounts received under the Work Colleges Program. 

Sec. 302. Improvements to section 529 accounts. 

Sec. 303. Elimination of residency requirement for qualified ABLE programs. 

Sec. 304. Exclusion for wrongfully incarcerated individuals. 

Sec. 305. Clarification of special rule for certain governmental plans. 

Sec. 306. Rollovers permitted from other retirement plans into simple retirement 

accounts. 

Sec. 307. Technical amendment relating to rollover of certain airline payment 

amounts. 

Sec. 308. Treatment of early retirement distributions for nuclear materials couriers, United States Capitol Police, Supreme Court Police, and diplomatic 

security special agents. 

Sec. 309. Prevention of extension of tax collection period for members of the Armed 

Forces who are hospitalized as a result of combat zone injuries. 

Subtitle B—Real Estate Investment Trusts 

Sec. 311. Restriction on tax-free spinoffs involving REITs. 

Sec. 312. Reduction in percentage limitation on assets of REIT which may be taxable REIT subsidiaries. 

Sec. 313. Prohibited transaction safe harbors. 

Sec. 314. Repeal of preferential dividend rule for publicly offered REITs. 

Sec. 315. Authority for alternative remedies to address certain REIT distribution 

failures. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3043 

Sec. 316. Limitations on designation of dividends by REITs. 

Sec. 317. Debt instruments of publicly offered REITs and mortgages treated as real 

estate assets. 

Sec. 318. Asset and income test clarification regarding ancillary personal property. 

Sec. 319. Hedging provisions. 

Sec. 320. Modification of REIT earnings and profits calculation to avoid duplicate 

taxation. 

Sec. 321. Treatment of certain services provided by taxable REIT subsidiaries. 

Sec. 322. Exception from FIRPTA for certain stock of REITs. 

Sec. 323. Exception for interests held by foreign retirement or pension funds. 

Sec. 324. Increase in rate of withholding of tax on dispositions of United States real 

property interests. 

Sec. 325. Interests in RICs and REITs not excluded from definition of United 

States real property interests. 

Sec. 326. Dividends derived from RICs and REITs ineligible for deduction for 

United States source portion of dividends from certain foreign corporations. 

Subtitle C—Additional Provisions 

Sec. 331. Deductibility of charitable contributions to agricultural research organizations. 

Sec. 332. Removal of bond requirements and extending filing periods for certain 

taxpayers with limited excise tax liability. 

Sec. 333. Modifications to alternative tax for certain small insurance companies. 

Sec. 334. Treatment of timber gains. 

Sec. 335. Modification of definition of hard cider. 

Sec. 336. Church plan clarification. 

Subtitle D—Revenue Provisions 

Sec. 341. Updated ASHRAE standards for energy efficient commercial buildings deduction. 

Sec. 342. Excise tax credit equivalency for liquified petroleum gas and liquified natural gas. 

Sec. 343. Exclusion from gross income of certain clean coal power grants to noncorporate taxpayers. 

Sec. 344. Clarification of valuation rule for early termination of certain charitable 

remainder unitrusts. 

Sec. 345. Prevention of transfer of certain losses from tax indifferent parties. 

Sec. 346. Treatment of certain persons as employers with respect to motion picture 

projects. 

TITLE IV—TAX ADMINISTRATION 

Subtitle A—Internal Revenue Service Reforms 

Sec. 401. Duty to ensure that Internal Revenue Service employees are familiar 

with and act in accord with certain taxpayer rights. 

Sec. 402. IRS employees prohibited from using personal email accounts for official 

business. 

Sec. 403. Release of information regarding the status of certain investigations. 

Sec. 404. Administrative appeal relating to adverse determinations of tax-exempt 

status of certain organizations. 

Sec. 405. Organizations required to notify Secretary of intent to operate under 

501(c)(4). 

Sec. 406. Declaratory judgments for 501(c)(4) and other exempt organizations. 

Sec. 407. Termination of employment of Internal Revenue Service employees for 

taking official actions for political purposes. 

Sec. 408. Gift tax not to apply to contributions to certain exempt organizations. 

Sec. 409. Extend Internal Revenue Service authority to require truncated Social Security numbers on Form W–2. 

Sec. 410. Clarification of enrolled agent credentials. 

Sec. 411. Partnership audit rules. 

Subtitle B—United States Tax Court 

PART 1—TAXPAYER ACCESS TO UNITED STATES TAX COURT

Sec. 421. Filing period for interest abatement cases. 

Sec. 422. Small tax case election for interest abatement cases. 

Sec. 423. Venue for appeal of spousal relief and collection cases. 

Sec. 424. Suspension of running of period for filing petition of spousal relief and 

collection cases. 

Sec. 425. Application of Federal rules of evidence. 


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129 STAT. 3044 PUBLIC LAW 114–113—DEC. 18, 2015 

PART 2—UNITED STATES TAX COURT ADMINISTRATION

Sec. 431. Judicial conduct and disability procedures. 

Sec. 432. Administration, judicial conference, and fees. 

PART 3—CLARIFICATION RELATING TO UNITED STATES TAX COURT

Sec. 441. Clarification relating to United States Tax Court. 

TITLE V—TRADE-RELATED PROVISIONS 

Sec. 501. Modification of effective date of provisions relating to tariff classification 

of recreational performance outerwear. 

Sec. 502. Agreement by Asia-Pacific Economic Cooperation members to reduce 

rates of duty on certain environmental goods. 

TITLE VI—BUDGETARY EFFECTS 

Sec. 601. Budgetary effects. 

TITLE I—EXTENDERS 

Subtitle A—Permanent Extensions 

PART 1—TAX RELIEF FOR FAMILIES AND 

INDIVIDUALS 

SEC. 101. ENHANCED CHILD TAX CREDIT MADE PERMANENT. 

(a) IN GENERAL.—Section 24(d)(1)(B)(i) is amended by striking 

‘‘$10,000’’ and inserting ‘‘$3,000’’. 

(b) CONFORMING AMENDMENT.—Section 24(d) is amended by 

striking paragraphs (3) and (4). 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to taxable years beginning after the date of the enactment of this Act. 

SEC. 102. ENHANCED AMERICAN OPPORTUNITY TAX CREDIT MADE 

PERMANENT. 

(a) IN GENERAL.—Section 25A(i) is amended by striking ‘‘and 

before 2018’’. 

(b) TREATMENT OF POSSESSIONS.—Section 1004(c)(1) of division 

B of the American Recovery and Reinvestment Tax Act of 2009 

by striking ‘‘and before 2018’’ each place it appears. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to taxable years beginning after the date of the enactment of this Act. 

SEC. 103. ENHANCED EARNED INCOME TAX CREDIT MADE PERMANENT. 

(a) INCREASE IN CREDIT PERCENTAGE FOR 3 OR MORE QUALIFYING CHILDREN MADE PERMANENT.—Section 32(b)(1) is amended 

to read as follows: 

‘‘(1) PERCENTAGES.—The credit percentage and the phaseout percentage shall be determined as follows: 

‘‘In the case of 

an eligible individual with: 

The credit 

percentage is: 

The phaseout 

percentage is: 

1 qualifying child ........................ 34 15.98

2 qualifying children .................. 40 21.06

3 or more qualifying children .... 45 21.06

26 USC 32. 

26 USC 25A note. 

26 USC 25A note. 

26 USC 24 note. 

26 USC 24. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3045 

‘‘In the case of 

an eligible individual with: 

The credit 

percentage is: 

The phaseout 

percentage is: 

No qualifying children ............... 7.65 7.65’’. 

(b) REDUCTION OF MARRIAGE PENALTY MADE PERMANENT.— 

(1) IN GENERAL.—Section 32(b)(2)(B) is amended to read 

as follows: 

‘‘(B) JOINT RETURNS.— 

‘‘(i) IN GENERAL.—In the case of a joint return 

filed by an eligible individual and such individual’s 

spouse, the phaseout amount determined under 

subparagraph (A) shall be increased by $5,000. 

‘‘(ii) INFLATION ADJUSTMENT.—In the case of any 

taxable year beginning after 2015, the $5,000 amount 

in clause (i) shall be increased by an amount equal 

to— 

‘‘(I) such dollar amount, multiplied by 

‘‘(II) the cost of living adjustment determined 

under section 1(f)(3) for the calendar year in which 

the taxable year begins determined by substituting 

‘calendar year 2008’ for ‘calendar year 1992’ in 

subparagraph (B) thereof. 

‘‘(iii) ROUNDING.—Subparagraph (A) of subsection 

(j)(2) shall apply after taking into account any increase 

under clause (ii).’’. 

(c) CONFORMING AMENDMENT.—Section 32(b) is amended by 

striking paragraph (3). 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall apply to taxable years beginning after December 31, 2015. 

SEC. 104. EXTENSION AND MODIFICATION OF DEDUCTION FOR CERTAIN EXPENSES OF ELEMENTARY AND SECONDARY 

SCHOOL TEACHERS. 

(a) DEDUCTION MADE PERMANENT.—Section 62(a)(2)(D) is 

amended by striking ‘‘In the case of taxable years beginning during 

2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 

2013, or 2014, the deductions’’ and inserting ‘‘The deductions’’. 

(b) INFLATION ADJUSTMENT.—Section 62(d) is amended by 

adding at the end the following new paragraph: 

‘‘(3) INFLATION ADJUSTMENT.—In the case of any taxable 

year beginning after 2015, the $250 amount in subsection 

(a)(2)(D) shall be increased by an amount equal to— 

‘‘(A) such dollar amount, multiplied by 

‘‘(B) the cost-of-living adjustment determined under 

section 1(f)(3) for the calendar year in which the taxable 

year begins, determined by substituting ‘calendar year 

2014’ for ‘calendar year 1992’ in subparagraph (B) thereof. 

Any increase determined under the preceding sentence shall 

be rounded to the nearest multiple of $50.’’. 

(c) PROFESSIONAL DEVELOPMENT EXPENSES.—Section 

62(a)(2)(D) is amended— 

(1) by striking ‘‘educator in connection’’ and all that follows 

and inserting ‘‘educator—’’, and 

(2) by inserting at the end the following: 

26 USC 62. 

26 USC 32 note. 


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129 STAT. 3046 PUBLIC LAW 114–113—DEC. 18, 2015 

‘‘(i) by reason of the participation of the educator 

in professional development courses related to the curriculum in which the educator provides instruction or 

to the students for which the educator provides instruction, and 

‘‘(ii) in connection with books, supplies (other than 

nonathletic supplies for courses of instruction in health 

or physical education), computer equipment (including 

related software and services) and other equipment, 

and supplementary materials used by the eligible 

educator in the classroom.’’. 

(d) EFFECTIVE DATES.— (1) EXTENSION.—The amendment made by subsection (a) 

shall apply to taxable years beginning after December 31, 2014. 

(2) MODIFICATIONS.—The amendments made by subsections 

(b) and (c) shall apply to taxable years beginning after 

December 31, 2015. 

SEC. 105. EXTENSION OF PARITY FOR EXCLUSION FROM INCOME FOR 

EMPLOYER-PROVIDED MASS TRANSIT AND PARKING 

BENEFITS. 

(a) MASS TRANSIT AND PARKING PARITY.—Section 132(f)(2) is 

amended— 

(1) by striking ‘‘$100’’ in subparagraph (A) and inserting 

‘‘$175’’, and 

(2) by striking the last sentence. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply to months after December 31, 2014. 

SEC. 106. EXTENSION OF DEDUCTION OF STATE AND LOCAL GENERAL 

SALES TAXES. 

(a) IN GENERAL.—Section 164(b)(5) is amended by striking 

subparagraph (I). 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to taxable years beginning after December 31, 2014. 

PART 2—INCENTIVES FOR CHARITABLE 

GIVING 

SEC. 111. EXTENSION AND MODIFICATION OF SPECIAL RULE FOR CONTRIBUTIONS OF CAPITAL GAIN REAL PROPERTY MADE 

FOR CONSERVATION PURPOSES. 

(a) MADE PERMANENT.— 

(1) INDIVIDUALS.—Section 170(b)(1)(E) is amended by 

striking clause (vi). 

(2) CORPORATIONS.—Section 170(b)(2)(B) is amended by 

striking clause (iii). 

(b) CONTRIBUTIONS OF CAPITAL GAIN REAL PROPERTY MADE

FOR CONSERVATION PURPOSES BY NATIVE CORPORATIONS.— 

(1) IN GENERAL.—Section 170(b)(2) is amended by redesignating subparagraph (C) as subparagraph (D), and by inserting 

after subparagraph (B) the following new subparagraph: 

‘‘(C) QUALIFIED CONSERVATION CONTRIBUTIONS BY CERTAIN NATIVE CORPORATIONS.— 

‘‘(i) IN GENERAL.—Any qualified conservation contribution (as defined in subsection (h)(1)) which— 

‘‘(I) is made by a Native Corporation, and 

26 USC 170. 

26 USC 164 note. 

26 USC 164. 

26 USC 132 note. 

26 USC 132. 

26 USC 62 note. 


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‘‘(II) is a contribution of property which was 

land conveyed under the Alaska Native Claims 

Settlement Act, 

shall be allowed to the extent that the aggregate 

amount of such contributions does not exceed the 

excess of the taxpayer’s taxable income over the 

amount of charitable contributions allowable under 

subparagraph (A). 

‘‘(ii) CARRYOVER.—If the aggregate amount of contributions described in clause (i) exceeds the limitation 

of clause (i), such excess shall be treated (in a manner 

consistent with the rules of subsection (d)(2)) as a 

charitable contribution to which clause (i) applies in 

each of the 15 succeeding taxable years in order of 

time. 

‘‘(iii) NATIVE CORPORATION.—For purposes of this 

subparagraph, the term ‘Native Corporation’ has the 

meaning given such term by section 3(m) of the Alaska 

Native Claims Settlement Act.’’. 

(2) CONFORMING AMENDMENTS.— 

(A) Section 170(b)(2)(A) is amended by striking 

‘‘subparagraph (B) applies’’ and inserting ‘‘subparagraph 

(B) or (C) applies’’. 

(B) Section 170(b)(2)(B)(ii) is amended by striking ‘‘15 

succeeding years’’ and inserting ‘‘15 succeeding taxable 

years’’. 

(3) VALID EXISTING RIGHTS PRESERVED.—Nothing in this 

subsection (or any amendment made by this subsection) shall 

be construed to modify the existing property rights validly 

conveyed to Native Corporations (within the meaning of section 

3(m) of the Alaska Native Claims Settlement Act) under such 

Act. 

(c) EFFECTIVE DATES.— 

(1) EXTENSION.—The amendments made by subsection (a) 

shall apply to contributions made in taxable years beginning 

after December 31, 2014. 

(2) MODIFICATION.—The amendments made by subsection 

(b) shall apply to contributions made in taxable years beginning 

after December 31, 2015. 

SEC. 112. EXTENSION OF TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL 

RETIREMENT PLANS FOR CHARITABLE PURPOSES. 

(a) IN GENERAL.—Section 408(d)(8) is amended by striking 

subparagraph (F). 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to distributions made in taxable years beginning after 

December 31, 2014. 

SEC. 113. EXTENSION AND MODIFICATION OF CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF FOOD INVENTORY. 

(a) PERMANENT EXTENSION.—Section 170(e)(3)(C) is amended 

by striking clause (iv). 

(b) MODIFICATIONS.—Section 170(e)(3)(C), as amended by subsection (a), is amended by striking clause (ii), by redesignating 

clause (iii) as clause (vi), and by inserting after clause (i) the 

following new clauses: 

26 USC 408 note. 

26 USC 408. 

26 USC 170 note. 

26 USC 170 note. 

26 USC 170. 


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129 STAT. 3048 PUBLIC LAW 114–113—DEC. 18, 2015 

‘‘(ii) LIMITATION.—The aggregate amount of such 

contributions for any taxable year which may be taken 

into account under this section shall not exceed— 

‘‘(I) in the case of any taxpayer other than 

a C corporation, 15 percent of the taxpayer’s aggregate net income for such taxable year from all 

trades or businesses from which such contributions 

were made for such year, computed without regard 

to this section, and 

‘‘(II) in the case of a C corporation, 15 percent 

of taxable income (as defined in subsection 

(b)(2)(D)). 

‘‘(iii) RULES RELATED TO LIMITATION.— ‘‘(I) CARRYOVER.—If such aggregate amount 

exceeds the limitation imposed under clause (ii), 

such excess shall be treated (in a manner consistent with the rules of subsection (d)) as a charitable contribution described in clause (i) in each 

of the 5 succeeding taxable years in order of time. 

‘‘(II) COORDINATION WITH OVERALL CORPORATE

LIMITATION.—In the case of any charitable contribution which is allowable after the application 

of clause (ii)(II), subsection (b)(2)(A) shall not apply 

to such contribution, but the limitation imposed 

by such subsection shall be reduced (but not below 

zero) by the aggregate amount of such contributions. For purposes of subsection (b)(2)(B), such 

contributions shall be treated as allowable under 

subsection (b)(2)(A). 

‘‘(iv) DETERMINATION OF BASIS FOR CERTAIN TAXPAYERS.—If a taxpayer— 

‘‘(I) does not account for inventories under section 471, and 

‘‘(II) is not required to capitalize indirect costs 

under section 263A, 

the taxpayer may elect, solely for purposes of subparagraph (B), to treat the basis of any apparently wholesome food as being equal to 25 percent of the fair 

market value of such food. 

‘‘(v) DETERMINATION OF FAIR MARKET VALUE.—In 

the case of any such contribution of apparently wholesome food which cannot or will not be sold solely by 

reason of internal standards of the taxpayer, lack of 

market, or similar circumstances, or by reason of being 

produced by the taxpayer exclusively for the purposes 

of transferring the food to an organization described 

in subparagraph (A), the fair market value of such 

contribution shall be determined— 

‘‘(I) without regard to such internal standards, 

such lack of market, such circumstances, or such 

exclusive purpose, and 

‘‘(II) by taking into account the price at which 

the same or substantially the same food items 

(as to both type and quality) are sold by the taxpayer at the time of the contribution (or, if not 

so sold at such time, in the recent past).’’ 

26 USC 170 note. (c) EFFECTIVE DATES.— 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3049 

(1) EXTENSION.—The amendment made by subsection (a) 

shall apply to contributions made after December 31, 2014. 

(2) MODIFICATIONS.—The amendments made by subsection 

(b) shall apply to taxable years beginning after December 31, 

2015. 

SEC. 114. EXTENSION OF MODIFICATION OF TAX TREATMENT OF CERTAIN PAYMENTS TO CONTROLLING EXEMPT ORGANIZATIONS. 

(a) IN GENERAL.—Section 512(b)(13)(E) is amended by striking 

clause (iv). 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to payments received or accrued after December 31, 

2014. 

SEC. 115. EXTENSION OF BASIS ADJUSTMENT TO STOCK OF S CORPORATIONS MAKING CHARITABLE CONTRIBUTIONS OF 

PROPERTY. 

(a) IN GENERAL.—Section 1367(a)(2) is amended by striking 

the last sentence. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to contributions made in taxable years beginning after 

December 31, 2014. 

PART 3—INCENTIVES FOR GROWTH, JOBS, 

INVESTMENT, AND INNOVATION 

SEC. 121. EXTENSION AND MODIFICATION OF RESEARCH CREDIT. 

(a) MADE PERMANENT.— 

(1) IN GENERAL.—Section 41 is amended by striking subsection (h). 

(2) CONFORMING AMENDMENT.—Section 45C(b)(1) is 

amended by striking subparagraph (D). 

(b) CREDIT ALLOWED AGAINST ALTERNATIVE MINIMUM TAX IN

CASE OF ELIGIBLE SMALL BUSINESS.—Section 38(c)(4)(B) is amended 

by redesignating clauses (ii) through (ix) as clauses (iii) through 

(x), respectively, and by inserting after clause (i) the following 

new clause: 

‘‘(ii) the credit determined under section 41 for 

the taxable year with respect to an eligible small business (as defined in paragraph (5)(C), after application 

of rules similar to the rules of paragraph (5)(D)),’’. 

(c) TREATMENT OF RESEARCH CREDIT FOR CERTAIN STARTUP

COMPANIES.— 

(1) IN GENERAL.—Section 41, as amended by subsection 

(a), is amended by adding at the end the following new subsection: 

‘‘(h) TREATMENT OF CREDIT FOR QUALIFIED SMALL

BUSINESSES.— 

‘‘(1) IN GENERAL.—At the election of a qualified small business for any taxable year, section 3111(f) shall apply to the 

payroll tax credit portion of the credit otherwise determined 

under subsection (a) for the taxable year and such portion 

shall not be treated (other than for purposes of section 280C) 

as a credit determined under subsection (a). 

26 USC 41. 

26 USC 38. 

26 USC 45C. 

26 USC 41. 

26 USC 1367 

note. 

26 USC 1367. 

26 USC 512 note. 

26 USC 512. 


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129 STAT. 3050 PUBLIC LAW 114–113—DEC. 18, 2015 

‘‘(2) PAYROLL TAX CREDIT PORTION.—For purposes of this 

subsection, the payroll tax credit portion of the credit determined under subsection (a) with respect to any qualified small 

business for any taxable year is the least of— 

‘‘(A) the amount specified in the election made under 

this subsection, 

‘‘(B) the credit determined under subsection (a) for 

the taxable year (determined before the application of this 

subsection), or 

‘‘(C) in the case of a qualified small business other 

than a partnership or S corporation, the amount of the 

business credit carryforward under section 39 carried from 

the taxable year (determined before the application of this 

subsection to the taxable year). 

‘‘(3) QUALIFIED SMALL BUSINESS.—For purposes of this subsection— 

‘‘(A) IN GENERAL.—The term ‘qualified small business’ 

means, with respect to any taxable year— 

‘‘(i) a corporation or partnership, if— 

‘‘(I) the gross receipts (as determined under 

the rules of section 448(c)(3), without regard to 

subparagraph (A) thereof) of such entity for the 

taxable year is less than $5,000,000, and 

‘‘(II) such entity did not have gross receipts 

(as so determined) for any taxable year preceding 

the 5-taxable-year period ending with such taxable 

year, and 

‘‘(ii) any person (other than a corporation or partnership) who meets the requirements of subclauses 

(I) and (II) of clause (i), determined— 

‘‘(I) by substituting ‘person’ for ‘entity’ each 

place it appears, and 

‘‘(II) by only taking into account the aggregate 

gross receipts received by such person in carrying 

on all trades or businesses of such person. 

‘‘(B) LIMITATION.—Such term shall not include an 

organization which is exempt from taxation under section 

501. 

‘‘(4) ELECTION.— 

‘‘(A) IN GENERAL.—Any election under this subsection 

for any taxable year— 

‘‘(i) shall specify the amount of the credit to which 

such election applies, 

‘‘(ii) shall be made on or before the due date 

(including extensions) of— 

‘‘(I) in the case of a qualified small business 

which is a partnership, the return required to 

be filed under section 6031, 

‘‘(II) in the case of a qualified small business 

which is an S corporation, the return required 

to be filed under section 6037, and 

‘‘(III) in the case of any other qualified small 

business, the return of tax for the taxable year, 

and 

‘‘(iii) may be revoked only with the consent of 

the Secretary. 

‘‘(B) LIMITATIONS.— 


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‘‘(i) AMOUNT.—The amount specified in any election made under this subsection shall not exceed 

$250,000. 

‘‘(ii) NUMBER OF TAXABLE YEARS.—A person may 

not make an election under this subsection if such 

person (or any other person treated as a single taxpayer with such person under paragraph (5)(A)) has 

made an election under this subsection for 5 or more 

preceding taxable years. 

‘‘(C) SPECIAL RULE FOR PARTNERSHIPS AND S CORPORATIONS.—In the case of a qualified small business which 

is a partnership or S corporation, the election made under 

this subsection shall be made at the entity level. 

‘‘(5) AGGREGATION RULES.— 

‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), all persons or entities treated as a single taxpayer 

under subsection (f)(1) shall be treated as a single taxpayer 

for purposes of this subsection. 

‘‘(B) SPECIAL RULES.—For purposes of this subsection 

and section 3111(f)— 

‘‘(i) each of the persons treated as a single taxpayer 

under subparagraph (A) may separately make the election under paragraph (1) for any taxable year, and 

‘‘(ii) the $250,000 amount under paragraph (4)(B)(i) 

shall be allocated among all persons treated as a single 

taxpayer under subparagraph (A) in the same manner 

as under subparagraph (A)(ii) or (B)(ii) of subsection 

(f)(1), whichever is applicable. 

‘‘(6) REGULATIONS.—The Secretary shall prescribe such 

regulations as may be necessary to carry out the purposes 

of this subsection, including— 

‘‘(A) regulations to prevent the avoidance of the purposes of the limitations and aggregation rules under this 

subsection through the use of successor companies or other 

means, 

‘‘(B) regulations to minimize compliance and recordkeeping burdens under this subsection, and 

‘‘(C) regulations for recapturing the benefit of credits 

determined under section 3111(f) in cases where there is 

a subsequent adjustment to the payroll tax credit portion 

of the credit determined under subsection (a), including 

requiring amended income tax returns in the cases where 

there is such an adjustment.’’. 

(2) CREDIT ALLOWED AGAINST FICA TAXES.—Section 3111 

is amended by adding at the end the following new subsection: 

‘‘(f) CREDIT FOR RESEARCH EXPENDITURES OF QUALIFIED SMALL

BUSINESSES.— 

‘‘(1) IN GENERAL.—In the case of a taxpayer who has made 

an election under section 41(h) for a taxable year, there shall 

be allowed as a credit against the tax imposed by subsection 

(a) for the first calendar quarter which begins after the date 

on which the taxpayer files the return specified in section 

41(h)(4)(A)(ii) an amount equal to the payroll tax credit portion 

determined under section 41(h)(2). 

‘‘(2) LIMITATION.—The credit allowed by paragraph (1) shall 

not exceed the tax imposed by subsection (a) for any calendar 

26 USC 3111. 


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129 STAT. 3052 PUBLIC LAW 114–113—DEC. 18, 2015 

quarter on the wages paid with respect to the employment 

of all individuals in the employ of the employer. 

‘‘(3) CARRYOVER OF UNUSED CREDIT.—If the amount of the 

credit under paragraph (1) exceeds the limitation of paragraph 

(2) for any calendar quarter, such excess shall be carried to 

the succeeding calendar quarter and allowed as a credit under 

paragraph (1) for such quarter. 

‘‘(4) DEDUCTION ALLOWED FOR CREDITED AMOUNTS.—The 

credit allowed under paragraph (1) shall not be taken into 

account for purposes of determining the amount of any deduction allowed under chapter 1 for taxes imposed under subsection 

(a).’’. 

(d) EFFECTIVE DATES.— (1) EXTENSION.—The amendments made by subsection (a) 

shall apply to shall apply to amounts paid or incurred after 

December 31, 2014. 

(2) CREDIT ALLOWED AGAINST ALTERNATIVE MINIMUM TAX

IN CASE OF ELIGIBLE SMALL BUSINESS.—The amendments made 

by subsection (b) shall apply to credits determined for taxable 

years beginning after December 31, 2015. 

(3) TREATMENT OF RESEARCH CREDIT FOR CERTAIN STARTUP

COMPANIES.—The amendments made by subsection (c) shall 

apply to taxable years beginning after December 31, 2015. 

SEC. 122. EXTENSION AND MODIFICATION OF EMPLOYER WAGE 

CREDIT FOR EMPLOYEES WHO ARE ACTIVE DUTY MEMBERS OF THE UNIFORMED SERVICES. 

(a) IN GENERAL.—Section 45P is amended by striking subsection 

(f). 

(b) APPLICABILITY TO ALL EMPLOYERS.— 

(1) IN GENERAL.—Section 45P(a) is amended by striking 

‘‘, in the case of an eligible small business employer’’. 

(2) CONFORMING AMENDMENT.—Section 45P(b)(3) is 

amended to read as follows: 

‘‘(3) CONTROLLED GROUPS.—All persons treated as a single 

employer under subsection (b), (c), (m), or (o) of section 414 

shall be treated as a single employer.’’. 

(c) EFFECTIVE DATE.— 

(1) EXTENSION.—The amendment made by subsection (a) 

shall apply to payments made after December 31, 2014. 

(2) MODIFICATION.—The amendments made by subsection 

(b) shall apply to taxable years beginning after December 31, 

2015. 

SEC. 123. EXTENSION OF 15-YEAR STRAIGHT-LINE COST RECOVERY 

FOR QUALIFIED LEASEHOLD IMPROVEMENTS, QUALIFIED 

RESTAURANT BUILDINGS AND IMPROVEMENTS, AND 

QUALIFIED RETAIL IMPROVEMENTS. 

(a) QUALIFIED LEASEHOLD IMPROVEMENT PROPERTY AND QUALIFIED RESTAURANT PROPERTY.—Clauses (iv) and (v) of section 

168(e)(3)(E) are each amended by striking ‘‘placed in service before 

January 1, 2015’’. 

(b) QUALIFIED RETAIL IMPROVEMENT PROPERTY.—Section 

168(e)(3)(E)(ix) is amended by striking ‘‘placed in service after 

December 31, 2008, and before January 1, 2015’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to property placed in service after December 31, 2014. 

26 USC 168 note. 

26 USC 168. 

26 USC 45P note. 

26 USC 45P. 

26 USC 38 note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3053 

SEC. 124. EXTENSION AND MODIFICATION OF INCREASED EXPENSING 

LIMITATIONS AND TREATMENT OF CERTAIN REAL PROPERTY AS SECTION 179 PROPERTY. 

(a) MADE PERMANENT.— 

(1) DOLLAR LIMITATION.—Section 179(b)(1) is amended by 

striking ‘‘shall not exceed—’’ and all that follows and inserting 

‘‘shall not exceed $500,000.’’. 

(2) REDUCTION IN LIMITATION.—Section 179(b)(2) is 

amended by striking ‘‘exceeds—’’ and all that follows and 

inserting ‘‘exceeds $2,000,000.’’. 

(b) COMPUTER SOFTWARE.—Section 179(d)(1)(A)(ii) is amended 

by striking ‘‘, to which section 167 applies, and which is placed 

in service in a taxable year beginning after 2002 and before 2015’’ 

and inserting ‘‘and to which section 167 applies’’. 

(c) SPECIAL RULES FOR TREATMENT OF QUALIFIED REAL PROPERTY.— 

(1) EXTENSION FOR 2015.—Section 179(f) is amended— 

(A) by striking ‘‘2015’’ in paragraph (1) and inserting 

‘‘2016’’, 

(B) by striking ‘‘2014’’ each place it appears in paragraph (4) and inserting ‘‘2015’’, and 

(C) by striking ‘‘AND 2013’’ in the heading of paragraph 

(4)(C) and inserting ‘‘2013, AND 2014’’. 

(2) MADE PERMANENT.—Section 179(f), as amended by paragraph (1), is amended— 

(A) by striking ‘‘beginning after 2009 and before 2016’’ 

in paragraph (1), and 

(B) by striking paragraphs (3) and (4). 

(d) ELECTION.—Section 179(c)(2) is amended— 

(1) by striking ‘‘may not be revoked’’ and all that follows 

through ‘‘and before 2015’’, and 

(2) by striking ‘‘IRREVOCABLE’’ in the heading thereof. 

(e) AIR CONDITIONING AND HEATING UNITS.—Section 179(d)(1) 

is amended by striking ‘‘and shall not include air conditioning 

or heating units’’. 

(f) INFLATION ADJUSTMENT.—Section 179(b) is amended by 

adding at the end the following new paragraph: 

‘‘(6) INFLATION ADJUSTMENT.— 

‘‘(A) IN GENERAL.—In the case of any taxable year 

beginning after 2015, the dollar amounts in paragraphs 

(1) and (2) shall each be increased by an amount equal 

to— 

‘‘(i) such dollar amount, multiplied by 

‘‘(ii) the cost-of-living adjustment determined 

under section 1(f)(3) for the calendar year in which 

the taxable year begins, determined by substituting 

‘calendar year 2014’ for ‘calendar year 1992’ in 

subparagraph (B) thereof. 

‘‘(B) ROUNDING.—The amount of any increase under 

subparagraph (A) shall be rounded to the nearest multiple 

of $10,000.’’. 

(g) EFFECTIVE DATES.— 

(1) EXTENSION.—Except as provided in paragraph (2), the 

amendments made by this section shall apply to taxable years 

beginning after December 31, 2014. 

26 USC 179 note. 

26 USC 179. 


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129 STAT. 3054 PUBLIC LAW 114–113—DEC. 18, 2015 

(2) MODIFICATIONS.—The amendments made by subsections 

(c)(2) and (e) shall apply to taxable years beginning after 

December 31, 2015. 

SEC. 125. EXTENSION OF TREATMENT OF CERTAIN DIVIDENDS OF 

REGULATED INVESTMENT COMPANIES. 

(a) IN GENERAL.—Section 871(k) is amended by striking clause 

(v) of paragraph (1)(C) and clause (v) of paragraph (2)(C). 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply to taxable years beginning after December 31, 2014. 

SEC. 126. EXTENSION OF EXCLUSION OF 100 PERCENT OF GAIN ON 

CERTAIN SMALL BUSINESS STOCK. 

(a) IN GENERAL.—Section 1202(a)(4) is amended— 

(1) by striking ‘‘and before January 1, 2015’’, and 

(2) by striking ‘‘, 2011, 2012, 2013, AND 2014’’ in the heading 

thereof and inserting ‘‘AND THEREAFTER’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply to stock acquired after December 31, 2014. 

SEC. 127. EXTENSION OF REDUCTION IN S-CORPORATION RECOGNITION PERIOD FOR BUILT-IN GAINS TAX. 

(a) IN GENERAL.—Section 1374(d)(7) is amended to read as 

follows: 

‘‘(7) RECOGNITION PERIOD.— 

‘‘(A) IN GENERAL.—The term ‘recognition period’ means 

the 5-year period beginning with the 1st day of the 1st 

taxable year for which the corporation was an S corporation. For purposes of applying this section to any amount 

includible in income by reason of distributions to shareholders pursuant to section 593(e), the preceding sentence 

shall be applied without regard to the phrase ‘5-year’. 

‘‘(B) INSTALLMENT SALES.—If an S corporation sells 

an asset and reports the income from the sale using the 

installment method under section 453, the treatment of 

all payments received shall be governed by the provisions 

of this paragraph applicable to the taxable year in which 

such sale was made.’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply to taxable years beginning after December 31, 2014. 

SEC. 128. EXTENSION OF SUBPART F EXCEPTION FOR ACTIVE 

FINANCING INCOME. 

(a) INSURANCE BUSINESSES.—Section 953(e) is amended by 

striking paragraph (10) and by redesignating paragraph (11) as 

paragraph (10). 

(b) BANKING, FINANCING, OR SIMILAR BUSINESSES.—Section 

954(h) is amended by striking paragraph (9). 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to taxable years of foreign corporations beginning after 

December 31, 2014, and to taxable years of United States shareholders with or within which any such taxable year of such foreign 

corporation ends. 

26 USC 953 note. 

26 USC 954. 

26 USC 953. 

26 USC 1374 

note. 

26 USC 1374. 

26 USC 1202 

note. 

26 USC 1202. 

26 USC 871 note. 

26 USC 871. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3055 

PART 4—INCENTIVES FOR REAL ESTATE 

INVESTMENT 

SEC. 131. EXTENSION OF MINIMUM LOW-INCOME HOUSING TAX CREDIT 

RATE FOR NON-FEDERALLY SUBSIDIZED BUILDINGS. 

(a) IN GENERAL.—Section 42(b)(2) is amended by striking ‘‘with 

respect to housing credit dollar amount allocations made before 

January 1, 2015’’. 

(b) CLERICAL AMENDMENT.—The heading for section 42(b)(2) 

is amended by striking ‘‘TEMPORARY MINIMUM’’ and inserting ‘‘MINIMUM’’. 

(c) EFFECTIVE DATES.—The amendments made by this section 

shall take effect on January 1, 2015. 

SEC. 132. EXTENSION OF MILITARY HOUSING ALLOWANCE EXCLUSION 

FOR DETERMINING WHETHER A TENANT IN CERTAIN 

COUNTIES IS LOW-INCOME. 

(a) IN GENERAL.—Section 3005(b) of the Housing Assistance 

Tax Act of 2008 is amended by striking ‘‘and before January 1, 

2015’’ each place it appears. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall take effect as if included in the enactment of section 3005 

of the Housing Assistance Tax Act of 2008. 

SEC. 133. EXTENSION OF RIC QUALIFIED INVESTMENT ENTITY TREATMENT UNDER FIRPTA. 

(a) IN GENERAL.—Section 897(h)(4)(A) is amended— 

(1) by striking clause (ii), and 

(2) by striking all that precedes ‘‘regulated investment company which’’ and inserting the following: 

‘‘(A) QUALIFIED INVESTMENT ENTITY.—The term ‘qualified investment entity’ means— 

‘‘(i) any real estate investment trust, and 

‘‘(ii) any’’. 

(b) EFFECTIVE DATE.— 

(1) IN GENERAL.—The amendments made by this section 

shall take effect on January 1, 2015. Notwithstanding the preceding sentence, such amendments shall not apply with respect 

to the withholding requirement under section 1445 of the 

Internal Revenue Code of 1986 for any payment made before 

the date of the enactment of this Act. 

(2) AMOUNTS WITHHELD ON OR BEFORE DATE OF ENACTMENT.—In the case of a regulated investment company— 

(A) which makes a distribution after December 31, 

2014, and before the date of the enactment of this Act, 

and 

(B) which would (but for the second sentence of paragraph (1)) have been required to withhold with respect 

to such distribution under section 1445 of such Code, 

such investment company shall not be liable to any person 

to whom such distribution was made for any amount so withheld and paid over to the Secretary of the Treasury. 

26 USC 897 note. 

26 USC 897. 

26 USC 142 note. 

26 USC 142 note. 

26 USC 42 note. 

26 USC 42. 


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129 STAT. 3056 PUBLIC LAW 114–113—DEC. 18, 2015 

Subtitle B—Extensions Through 2019 

SEC. 141. EXTENSION OF NEW MARKETS TAX CREDIT. 

(a) IN GENERAL.—Section 45D(f)(1)(G) is amended by striking 

‘‘for 2010, 2011, 2012, 2013, and 2014’’ and inserting ‘‘for each 

of calendar years 2010 through 2019’’. 

(b) CARRYOVER OF UNUSED LIMITATION.—Section 45D(f)(3) is 

amended by striking ‘‘2019’’ and inserting ‘‘2024’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to calendar years beginning after December 31, 2014. 

SEC. 142. EXTENSION AND MODIFICATION OF WORK OPPORTUNITY 

TAX CREDIT. 

(a) IN GENERAL.—Section 51(c)(4) is amended by striking 

‘‘December 31, 2014’’ and inserting ‘‘December 31, 2019’’. 

(b) CREDIT FOR HIRING LONG-TERM UNEMPLOYMENT RECIPI- ENTS.— (1) IN GENERAL.—Section 51(d)(1) is amended by striking 

‘‘or’’ at the end of subparagraph (H), by striking the period 

at the end of subparagraph (I) and inserting ‘‘, or’’, and by 

adding at the end the following new subparagraph: 

‘‘(J) a qualified long-term unemployment recipient.’’. 

(2) QUALIFIED LONG-TERM UNEMPLOYMENT RECIPIENT.—Section 51(d) is amended by adding at the end the following 

new paragraph: 

‘‘(15) QUALIFIED LONG-TERM UNEMPLOYMENT RECIPIENT.— The term ‘qualified long-term unemployment recipient’ means 

any individual who is certified by the designated local agency 

as being in a period of unemployment which— 

‘‘(A) is not less than 27 consecutive weeks, and 

‘‘(B) includes a period in which the individual was 

receiving unemployment compensation under State or Federal law.’’. 

(c) EFFECTIVE DATES.— (1) EXTENSION.—The amendment made by subsection (a) 

shall apply to individuals who begin work for the employer 

after December 31, 2014. 

(2) MODIFICATION.—The amendments made by subsection 

(b) shall apply to individuals who begin work for the employer 

after December 31, 2015. 

SEC. 143. EXTENSION AND MODIFICATION OF BONUS DEPRECIATION. 

(a) EXTENDED FOR 2015.— 

(1) IN GENERAL.—Section 168(k)(2) is amended— 

(A) by striking ‘‘January 1, 2016’’ in subparagraph 

(A)(iv) and inserting ‘‘January 1, 2017’’, and 

(B) by striking ‘‘January 1, 2015’’ each place it appears 

and inserting ‘‘January 1, 2016’’. 

(2) SPECIAL RULE FOR FEDERAL LONG-TERM CONTRACTS.— 

Section 460(c)(6)(B)(ii) is amended by striking ‘‘January 1, 2015 

(January 1, 2016’’ and inserting ‘‘January 1, 2016 (January 

1, 2017’’. 

(3) EXTENSION OF ELECTION TO ACCELERATE AMT CREDIT

IN LIEU OF BONUS DEPRECIATION.— 

(A) IN GENERAL.—Section 168(k)(4)(D)(iii)(II) is 

amended by striking ‘‘January 1, 2015’’ and inserting 

‘‘January 1, 2016’’. 

26 USC 460. 

26 USC 168. 

26 USC 51 note. 

26 USC 51. 

26 USC 45D 

note. 

26 USC 45D. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3057 

(B) ROUND 5 EXTENSION PROPERTY.—Section 168(k)(4) 

is amended by adding at the end the following new subparagraph: 

‘‘(L) SPECIAL RULES FOR ROUND 5 EXTENSION PROP- ERTY.— ‘‘(i) IN GENERAL.—In the case of round 5 extension 

property, in applying this paragraph to any taxpayer— 

‘‘(I) the limitation described in subparagraph 

(B)(i) and the business credit increase amount 

under subparagraph (E)(iii) thereof shall not apply, 

and 

‘‘(II) the bonus depreciation amount, maximum 

amount, and maximum increase amount shall be 

computed separately from amounts computed with 

respect to eligible qualified property which is not 

round 5 extension property. 

‘‘(ii) ELECTION.— 

‘‘(I) A taxpayer who has an election in effect 

under this paragraph for round 4 extension property shall be treated as having an election in effect 

for round 5 extension property unless the taxpayer 

elects to not have this paragraph apply to round 

5 extension property. 

‘‘(II) A taxpayer who does not have an election 

in effect under this paragraph for round 4 extension property may elect to have this paragraph 

apply to round 5 extension property. 

‘‘(iii) ROUND 5 EXTENSION PROPERTY.—For purposes 

of this subparagraph, the term ‘round 5 extension property’ means property which is eligible qualified property solely by reason of the extension of the application 

of the special allowance under paragraph (1) pursuant 

to the amendments made by section 143(a)(1) of the 

Protecting Americans from Tax Hikes Act of 2015 (and 

the application of such extension to this paragraph 

pursuant to the amendment made by section 143(a)(3) 

of such Act).’’. 

(4) CONFORMING AMENDMENTS.— 

(A) The heading for section 168(k) is amended by 

striking ‘‘JANUARY 1, 2015’’ and inserting ‘‘JANUARY 1, 

2016’’. 

(B) The heading for section 168(k)(2)(B)(ii) is amended 

by striking ‘‘PRE-JANUARY 1, 2015’’ and inserting ‘‘PREJANUARY 1, 2016’’. 

(5) EFFECTIVE DATE.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), the amendments made by this subsection shall apply 

to property placed in service after December 31, 2014, 

in taxable years ending after such date. 

(B) ELECTION TO ACCELERATE AMT CREDIT.—The 

amendments made by paragraph (3) shall apply to taxable 

years ending after December 31, 2014. 

(b) EXTENDED AND MODIFIED FOR 2016 THROUGH 2019.— 

(1) IN GENERAL.—Section 168(k)(2), as amended by subsection (a), is amended to read as follows: 

‘‘(2) QUALIFIED PROPERTY.—For purposes of this subsection— 

26 USC 168 note. 

26 USC 168. 


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129 STAT. 3058 PUBLIC LAW 114–113—DEC. 18, 2015 

‘‘(A) IN GENERAL.—The term ‘qualified property’ means 

property— 

‘‘(i)(I) to which this section applies which has a 

recovery period of 20 years or less, 

‘‘(II) which is computer software (as defined in 

section 167(f)(1)(B)) for which a deduction is allowable 

under section 167(a) without regard to this subsection, 

‘‘(III) which is water utility property, or 

‘‘(IV) which is qualified improvement property, 

‘‘(ii) the original use of which commences with 

the taxpayer, and 

‘‘(iii) which is placed in service by the taxpayer 

before January 1, 2020. 

‘‘(B) CERTAIN PROPERTY HAVING LONGER PRODUCTION

PERIODS TREATED AS QUALIFIED PROPERTY.— ‘‘(i) IN GENERAL.—The term ‘qualified property’ 

includes any property if such property— 

‘‘(I) meets the requirements of clauses (i) and 

(ii) of subparagraph (A), 

‘‘(II) is placed in service by the taxpayer before 

January 1, 2021, 

‘‘(III) is acquired by the taxpayer (or acquired 

pursuant to a written contract entered into) before 

January 1, 2020, 

‘‘(IV) has a recovery period of at least 10 years 

or is transportation property, 

‘‘(V) is subject to section 263A, and 

‘‘(VI) meets the requirements of clause (iii) 

of section 263A(f)(1)(B) (determined as if such 

clause also applies to property which has a long 

useful life (within the meaning of section 263A(f))). 

‘‘(ii) ONLY PRE-JANUARY 1, 2020 BASIS ELIGIBLE FOR

ADDITIONAL ALLOWANCE.—In the case of property which 

is qualified property solely by reason of clause (i), 

paragraph (1) shall apply only to the extent of the 

adjusted basis thereof attributable to manufacture, 

construction, or production before January 1, 2020. 

‘‘(iii) TRANSPORTATION PROPERTY.—For purposes of 

this subparagraph, the term ‘transportation property’ 

means tangible personal property used in the trade 

or business of transporting persons or property. 

‘‘(iv) APPLICATION OF SUBPARAGRAPH.—This 

subparagraph shall not apply to any property which 

is described in subparagraph (C). 

‘‘(C) CERTAIN AIRCRAFT.—The term ‘qualified property’ 

includes property— 

‘‘(i) which meets the requirements of subparagraph 

(A)(ii) and subclauses (II) and (III) of subparagraph 

(B)(i), 

‘‘(ii) which is an aircraft which is not a transportation property (as defined in subparagraph (B)(iii)) 

other than for agricultural or firefighting purposes, 

‘‘(iii) which is purchased and on which such purchaser, at the time of the contract for purchase, has 

made a nonrefundable deposit of the lesser of— 

‘‘(I) 10 percent of the cost, or 

‘‘(II) $100,000, and 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3059 

‘‘(iv) which has— 

‘‘(I) an estimated production period exceeding 

4 months, and 

‘‘(II) a cost exceeding $200,000. 

‘‘(D) EXCEPTION FOR ALTERNATIVE DEPRECIATION PROP- ERTY.—The term ‘qualified property’ shall not include any 

property to which the alternative depreciation system 

under subsection (g) applies, determined— 

‘‘(i) without regard to paragraph (7) of subsection 

(g) (relating to election to have system apply), and 

‘‘(ii) after application of section 280F(b) (relating 

to listed property with limited business use). 

‘‘(E) SPECIAL RULES.— ‘‘(i) SELF-CONSTRUCTED PROPERTY.—In the case of 

a taxpayer manufacturing, constructing, or producing 

property for the taxpayer’s own use, the requirements 

of subclause (III) of subparagraph (B)(i) shall be treated 

as met if the taxpayer begins manufacturing, constructing, or producing the property before January 

1, 2020. 

‘‘(ii) SALE-LEASEBACKS.—For purposes of clause (iii) 

and subparagraph (A)(ii), if property is— 

‘‘(I) originally placed in service by a person, 

and 

‘‘(II) sold and leased back by such person 

within 3 months after the date such property was 

originally placed in service, 

such property shall be treated as originally placed 

in service not earlier than the date on which such 

property is used under the leaseback referred to in 

subclause (II). 

‘‘(iii) SYNDICATION.—For purposes of subparagraph 

(A)(ii), if— 

‘‘(I) property is originally placed in service by 

the lessor of such property, 

‘‘(II) such property is sold by such lessor or 

any subsequent purchaser within 3 months after 

the date such property was originally placed in 

service (or, in the case of multiple units of property 

subject to the same lease, within 3 months after 

the date the final unit is placed in service, so 

long as the period between the time the first unit 

is placed in service and the time the last unit 

is placed in service does not exceed 12 months), 

and 

‘‘(III) the user of such property after the last 

sale during such 3-month period remains the same 

as when such property was originally placed in 

service, 

such property shall be treated as originally placed 

in service not earlier than the date of such last sale. 

‘‘(F) COORDINATION WITH SECTION 280F.—For purposes 

of section 280F— 

‘‘(i) AUTOMOBILES.—In the case of a passenger 

automobile (as defined in section 280F(d)(5)) which 

is qualified property, the Secretary shall increase the 

limitation under section 280F(a)(1)(A)(i) by $8,000. 


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129 STAT. 3060 PUBLIC LAW 114–113—DEC. 18, 2015 

‘‘(ii) LISTED PROPERTY.—The deduction allowable 

under paragraph (1) shall be taken into account in 

computing any recapture amount under section 

280F(b)(2). 

‘‘(iii) PHASE DOWN.—In the case of a passenger 

automobile placed in service by the taxpayer after 

December 31, 2017, clause (i) shall be applied by substituting for ‘$8,000’— 

‘‘(I) in the case of an automobile placed in service during 2018, $6,400, and 

‘‘(II) in the case of an automobile placed in service during 2019, $4,800. 

‘‘(G) DEDUCTION ALLOWED IN COMPUTING MINIMUM

TAX.—For purposes of determining alternative minimum 

taxable income under section 55, the deduction under section 167 for qualified property shall be determined without 

regard to any adjustment under section 56.’’. 

(2) QUALIFIED IMPROVEMENT PROPERTY.—Section 168(k)(3) 

is amended to read as follows: 

‘‘(3) QUALIFIED IMPROVEMENT PROPERTY.—For purposes of 

this subsection— 

‘‘(A) IN GENERAL.—The term ‘qualified improvement 

property’ means any improvement to an interior portion 

of a building which is nonresidential real property if such 

improvement is placed in service after the date such 

building was first placed in service. 

‘‘(B) CERTAIN IMPROVEMENTS NOT INCLUDED.—Such 

term shall not include any improvement for which the 

expenditure is attributable to— 

‘‘(i) the enlargement of the building, 

‘‘(ii) any elevator or escalator, or 

‘‘(iii) the internal structural framework of the 

building.’’. 

(3) EXPANSION OF ELECTION TO ACCELERATE AMT CREDITS

IN LIEU OF BONUS DEPRECIATION.—Section 168(k)(4), as 

amended by subsection (a), is amended to read as follows: 

‘‘(4) ELECTION TO ACCELERATE AMT CREDITS IN LIEU OF

BONUS DEPRECIATION.— 

‘‘(A) IN GENERAL.—If a corporation elects to have this 

paragraph apply for any taxable year— 

‘‘(i) paragraphs (1) and (2)(F) shall not apply to 

any qualified property placed in service during such 

taxable year, 

‘‘(ii) the applicable depreciation method used under 

this section with respect to such property shall be 

the straight line method, and 

‘‘(iii) the limitation imposed by section 53(c) for 

such taxable year shall be increased by the bonus 

depreciation amount which is determined for such taxable year under subparagraph (B). 

‘‘(B) BONUS DEPRECIATION AMOUNT.—For purposes of 

this paragraph— 

‘‘(i) IN GENERAL.—The bonus depreciation amount 

for any taxable year is an amount equal to 20 percent 

of the excess (if any) of— 

‘‘(I) the aggregate amount of depreciation 

which would be allowed under this section for 

26 USC 168. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3061 

qualified property placed in service by the taxpayer 

during such taxable year if paragraph (1) applied 

to all such property (and, in the case of any such 

property which is a passenger automobile (as 

defined in section 280F(d)(5)), if paragraph (2)(F) 

applied to such automobile), over 

‘‘(II) the aggregate amount of depreciation 

which would be allowed under this section for 

qualified property placed in service by the taxpayer 

during such taxable year if paragraphs (1) and 

(2)(F) did not apply to any such property. 

The aggregate amounts determined under subclauses 

(I) and (II) shall be determined without regard to any 

election made under subparagraph (A) or subsection 

(b)(2)(D), (b)(3)(D), or (g)(7). 

‘‘(ii) LIMITATION.—The bonus depreciation amount 

for any taxable year shall not exceed the lesser of— 

‘‘(I) 50 percent of the minimum tax credit 

under section 53(b) for the first taxable year ending 

after December 31, 2015, or 

‘‘(II) the minimum tax credit under section 

53(b) for such taxable year determined by taking 

into account only the adjusted net minimum tax 

for taxable years ending before January 1, 2016 

(determined by treating credits as allowed on a 

first-in, first-out basis). 

‘‘(iii) AGGREGATION RULE.—All corporations which 

are treated as a single employer under section 52(a) 

shall be treated— 

‘‘(I) as 1 taxpayer for purposes of this paragraph, and 

‘‘(II) as having elected the application of this 

paragraph if any such corporation so elects. 

‘‘(C) CREDIT REFUNDABLE.—For purposes of section 

6401(b), the aggregate increase in the credits allowable 

under part IV of subchapter A for any taxable year 

resulting from the application of this paragraph shall be 

treated as allowed under subpart C of such part (and 

not any other subpart). 

‘‘(D) OTHER RULES.— 

‘‘(i) ELECTION.—Any election under this paragraph 

may be revoked only with the consent of the Secretary. 

‘‘(ii) PARTNERSHIPS WITH ELECTING PARTNERS.—In 

the case of a corporation which is a partner in a 

partnership and which makes an election under 

subparagraph (A) for the taxable year, for purposes 

of determining such corporation’s distributive share 

of partnership items under section 702 for such taxable 

year— 

‘‘(I) paragraphs (1) and (2)(F) shall not apply 

to any qualified property placed in service during 

such taxable year, and 

‘‘(II) the applicable depreciation method used 

under this section with respect to such property 

shall be the straight line method. 

‘‘(iii) CERTAIN PARTNERSHIPS.—In the case of a 

partnership in which more than 50 percent of the 


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129 STAT. 3062 PUBLIC LAW 114–113—DEC. 18, 2015 

capital and profits interests are owned (directly or 

indirectly) at all times during the taxable year by 

1 corporation (or by corporations treated as 1 taxpayer 

under subparagraph (B)(iii)), each partner shall compute its bonus depreciation amount under clause (i) 

of subparagraph (B) by taking into account its distributive share of the amounts determined by the partnership under subclauses (I) and (II) of such clause for 

the taxable year of the partnership ending with or 

within the taxable year of the partner.’’. 

(4) SPECIAL RULES FOR CERTAIN PLANTS BEARING FRUITS

AND NUTS.—Section 168(k) is amended— 

(A) by striking paragraph (5), and 

(B) by inserting after paragraph (4) the following new 

paragraph: 

‘‘(5) SPECIAL RULES FOR CERTAIN PLANTS BEARING FRUITS

AND NUTS.— 

‘‘(A) IN GENERAL.—In the case of any specified plant 

which is planted before January 1, 2020, or is grafted 

before such date to a plant that has already been planted, 

by the taxpayer in the ordinary course of the taxpayer’s 

farming business (as defined in section 263A(e)(4)) during 

a taxable year for which the taxpayer has elected the 

application of this paragraph— 

‘‘(i) a depreciation deduction equal to 50 percent 

of the adjusted basis of such specified plant shall be 

allowed under section 167(a) for the taxable year in 

which such specified plant is so planted or grafted, 

and 

‘‘(ii) the adjusted basis of such specified plant shall 

be reduced by the amount of such deduction. 

‘‘(B) SPECIFIED PLANT.—For purposes of this paragraph, 

the term ‘specified plant’ means— 

‘‘(i) any tree or vine which bears fruits or nuts, 

and 

‘‘(ii) any other plant which will have more than 

one yield of fruits or nuts and which generally has 

a pre-productive period of more than 2 years from 

the time of planting or grafting to the time at which 

such plant begins bearing fruits or nuts. 

Such term shall not include any property which is planted 

or grafted outside of the United States. 

‘‘(C) ELECTION REVOCABLE ONLY WITH CONSENT.—An 

election under this paragraph may be revoked only with 

the consent of the Secretary. 

‘‘(D) ADDITIONAL DEPRECIATION MAY BE CLAIMED ONLY

ONCE.—If this paragraph applies to any specified plant, 

such specified plant shall not be treated as qualified property in the taxable year in which placed in service. 

‘‘(E) DEDUCTION ALLOWED IN COMPUTING MINIMUM

TAX.—Rules similar to the rules of paragraph (2)(G) shall 

apply for purposes of this paragraph. 

‘‘(F) PHASE DOWN.—In the case of a specified plant 

which is planted after December 31, 2017 (or is grafted 

to a plant that has already been planted before such date), 

subparagraph (A)(i) shall be applied by substituting for 

‘50 percent’— 

26 USC 168. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3063 

‘‘(i) in the case of a plant which is planted (or 

so grafted) in 2018, ‘40 percent’, and 

‘‘(ii) in the case of a plant which is planted (or 

so grafted) during 2019, ‘30 percent’.’’. 

(5) PHASE DOWN OF BONUS DEPRECIATION.—Section 168(k) 

is amended by adding at the end the following new paragraph: 

‘‘(6) PHASE DOWN.—In the case of qualified property placed 

in service by the taxpayer after December 31, 2017, paragraph 

(1)(A) shall be applied by substituting for ‘50 percent’— 

‘‘(A) in the case of property placed in service in 2018 

(or in the case of property placed in service in 2019 and 

described in paragraph (2)(B) or (C) (determined by substituting ‘2019’ for ‘2020’ in paragraphs (2)(B)(i)(III) and 

(ii) and paragraph (2)(E)(i)), ‘40 percent’, 

‘‘(B) in the case of property placed in service in 2019 

(or in the case of property placed in service in 2020 and 

described in paragraph (2)(B) or (C), ‘30 percent’.’’. 

(6) CONFORMING AMENDMENTS.— 

(A) Section 168(e)(6) is amended— 

(i) by redesignating subparagraphs (A) and (B) 

as subparagraphs (D) and (E), respectively, 

(ii) by striking all that precedes subparagraph (D) 

(as so redesignated) and inserting the following: 

‘‘(6) QUALIFIED LEASEHOLD IMPROVEMENT PROPERTY.—For 

purposes of this subsection— 

‘‘(A) IN GENERAL.—The term ‘qualified leasehold 

improvement property’ means any improvement to an 

interior portion of a building which is nonresidential real 

property if— 

‘‘(i) such improvement is made under or pursuant 

to a lease (as defined in subsection (h)(7))— 

‘‘(I) by the lessee (or any sublessee) of such 

portion, or 

‘‘(II) by the lessor of such portion, 

‘‘(ii) such portion is to be occupied exclusively by 

the lessee (or any sublessee) of such portion, and 

‘‘(iii) such improvement is placed in service more 

than 3 years after the date the building was first 

placed in service. 

‘‘(B) CERTAIN IMPROVEMENTS NOT INCLUDED.—Such 

term shall not include any improvement for which the 

expenditure is attributable to— 

‘‘(i) the enlargement of the building, 

‘‘(ii) any elevator or escalator, 

‘‘(iii) any structural component benefitting a 

common area, or 

‘‘(iv) the internal structural framework of the 

building. 

‘‘(C) DEFINITIONS AND SPECIAL RULES.—For purposes 

of this paragraph— 

‘‘(i) COMMITMENT TO LEASE TREATED AS LEASE.— 

A commitment to enter into a lease shall be treated 

as a lease, and the parties to such commitment shall 

be treated as lessor and lessee, respectively. 

‘‘(ii) RELATED PERSONS.—A lease between related 

persons shall not be considered a lease. For purposes 

26 USC 168. 


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129 STAT. 3064 PUBLIC LAW 114–113—DEC. 18, 2015 

of the preceding sentence, the term ‘related persons’ 

means— 

‘‘(I) members of an affiliated group (as defined 

in section 1504), and 

‘‘(II) persons having a relationship described 

in subsection (b) of section 267; except that, for 

purposes of this clause, the phrase ‘80 percent 

or more’ shall be substituted for the phrase ‘more 

than 50 percent’ each place it appears in such 

subsection.’’, and 

(iii) by striking ‘‘subparagraph (A)’’ in subparagraph (E) (as so redesignated) and inserting ‘‘subparagraph (D)’’. 

(B) Section 168(e)(7)(B) is amended by striking ‘‘qualified leasehold improvement property’’ and inserting ‘‘qualified improvement property’’. 

(C) Section 168(e)(8) is amended by striking subparagraph (D). 

(D) Section 168(k), as amended by the preceding provisions of this section, is amended by adding at the end 

the following new paragraph: 

‘‘(7) ELECTION OUT.—If a taxpayer makes an election under 

this paragraph with respect to any class of property for any 

taxable year, paragraphs (1) and (2)(F) shall not apply to any 

qualified property in such class placed in service during such 

taxable year. An election under this paragraph may be revoked 

only with the consent of the Secretary.’’. 

(E) Section 168(l)(3) is amended— 

(i) by striking ‘‘section 168(k)’’ in subparagraph 

(A) and inserting ‘‘subsection (k)’’, and 

(ii) by striking ‘‘section 168(k)(2)(D)(i)’’ in subparagraph (B) and inserting ‘‘subsection (k)(2)(D)’’. 

(F) Section 168(l)(4) is amended by striking ‘‘subparagraph (E) of section 168(k)(2)’’ and all that follows and 

inserting ‘‘subsection (k)(2)(E) shall apply.’’. 

(G) Section 168(l)(5) is amended by striking ‘‘section 

168(k)(2)(G)’’ and inserting ‘‘subsection (k)(2)(G)’’. 

(H) Section 263A(c) is amended by adding at the end 

the following new paragraph: 

‘‘(7) COORDINATION WITH SECTION 168(k)(5).—This section 

shall not apply to any amount allowed as a deduction by reason 

of section 168(k)(5) (relating to special rules for certain plants 

bearing fruits and nuts).’’. 

(I) Section 460(c)(6)(B)(ii), as amended by subsection 

(a), is amended to read as follows: 

‘‘(ii) is placed in service before January 1, 2020 

(January 1, 2021 in the case of property described 

in section 168(k)(2)(B)).’’. 

(J) Section 168(k), as amended by subsection (a), is 

amended by striking ‘‘AND BEFORE JANUARY 1, 2016’’ in 

the heading thereof and inserting ‘‘AND BEFORE JANUARY

1, 2020’’. 

(7) EFFECTIVE DATES.— 

(A) IN GENERAL.—Except as otherwise provided in this 

paragraph, the amendments made by this subsection shall 

apply to property placed in service after December 31, 

2015, in taxable years ending after such date. 

26 USC 168 note. 

26 USC 460. 

26 USC 263A. 

26 USC 168. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3065 

(B) EXPANSION OF ELECTION TO ACCELERATE AMT

CREDITS IN LIEU OF BONUS DEPRECIATION.—The amendments made by paragraph (3) shall apply to taxable years 

ending after December 31, 2015, except that in the case 

of any taxable year beginning before January 1, 2016, 

and ending after December 31, 2015, the limitation under 

section 168(k)(4)(B)(ii) of the Internal Revenue Code of 

1986 (as amended by this section) shall be the sum of— 

(i) the product of— 

(I) the maximum increase amount (within the 

meaning of section 168(k)(4)(C)(iii) of such Code, 

as in effect before the amendments made by this 

subsection), multiplied by 

(II) a fraction the numerator of which is the 

number of days in the taxable year before January 

1, 2016, and the denominator of which is the 

number of days in the taxable year, plus 

(ii) the product of— 

(I) such limitation (determined without regard 

to this subparagraph), multiplied by 

(II) a fraction the numerator of which is the 

number of days in the taxable year after December 

31, 2015, and the denominator of which is the 

number of days in the taxable year. 

(C) SPECIAL RULES FOR CERTAIN PLANTS BEARING

FRUITS AND NUTS.—The amendments made by paragraph 

(4) (other than subparagraph (A) thereof) shall apply to 

specified plants (as defined in section 168(k)(5)(B) of the 

Internal Revenue Code of 1986, as amended by this subsection) planted or grafted after December 31, 2015. 

SEC. 144. EXTENSION OF LOOK-THRU TREATMENT OF PAYMENTS 

BETWEEN RELATED CONTROLLED FOREIGN CORPORATIONS UNDER FOREIGN PERSONAL HOLDING COMPANY 

RULES. 

(a) IN GENERAL.—Section 954(c)(6)(C) is amended by striking 

‘‘January 1, 2015’’ and inserting ‘‘January 1, 2020’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to taxable years of foreign corporations beginning after 

December 31, 2014, and to taxable years of United States shareholders with or within which such taxable years of foreign corporations end. 

Subtitle C—Extensions Through 2016 

PART 1—TAX RELIEF FOR FAMILIES AND 

INDIVIDUALS 

SEC. 151. EXTENSION AND MODIFICATION OF EXCLUSION FROM GROSS 

INCOME OF DISCHARGE OF QUALIFIED PRINCIPAL RESIDENCE INDEBTEDNESS. 

(a) EXTENSION.—Section 108(a)(1)(E) is amended by striking 

‘‘January 1, 2015’’ and inserting ‘‘January 1, 2017’’. 

(b) MODIFICATION.—Section 108(a)(1)(E), as amended by subsection (a), is amended by striking ‘‘discharged before’’ and all 

that follows and inserting ‘‘discharged— 

26 USC 108. 

26 USC 954 note. 

26 USC 954. 


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129 STAT. 3066 PUBLIC LAW 114–113—DEC. 18, 2015 

‘‘(i) before January 1, 2017, or 

‘‘(ii) subject to an arrangement that is entered 

into and evidenced in writing before January 1, 2017.’’. 

(c) EFFECTIVE DATES.— (1) EXTENSION.—The amendment made by subsection (a) 

shall apply to discharges of indebtedness after December 31, 

2014. 

(2) MODIFICATION.—The amendment made by subsection 

(b) shall apply to discharges of indebtedness after December 

31, 2015. 

SEC. 152. EXTENSION OF MORTGAGE INSURANCE PREMIUMS TREATED 

AS QUALIFIED RESIDENCE INTEREST. 

(a) IN GENERAL.—Subclause (I) of section 163(h)(3)(E)(iv) is 

amended by striking ‘‘December 31, 2014’’ and inserting ‘‘December 

31, 2016’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to amounts paid or accrued after December 31, 2014. 

SEC. 153. EXTENSION OF ABOVE-THE-LINE DEDUCTION FOR QUALIFIED TUITION AND RELATED EXPENSES. 

(a) IN GENERAL.—Section 222(e) is amended by striking 

‘‘December 31, 2014’’ and inserting ‘‘December 31, 2016’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to taxable years beginning after December 31, 2014. 

PART 2—INCENTIVES FOR GROWTH, JOBS, 

INVESTMENT, AND INNOVATION 

SEC. 161. EXTENSION OF INDIAN EMPLOYMENT TAX CREDIT. 

(a) IN GENERAL.—Section 45A(f) is amended by striking 

‘‘December 31, 2014’’ and inserting ‘‘December 31, 2016’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to taxable years beginning after December 31, 2014. 

SEC. 162. EXTENSION AND MODIFICATION OF RAILROAD TRACK 

MAINTENANCE CREDIT. 

(a) EXTENSION.—Section 45G(f) is amended by striking 

‘‘January 1, 2015’’ and inserting ‘‘January 1, 2017’’. 

(b) MODIFICATION.—Section 45G(d) is amended by striking 

‘‘January 1, 2005,’’ and inserting ‘‘January 1, 2015,’’. 

(c) EFFECTIVE DATES.— 

(1) EXTENSION.—The amendment made by subsection (a) 

shall apply to expenditures paid or incurred in taxable years 

beginning after December 31, 2014. 

(2) MODIFICATION.—The amendment made by subsection 

(b) shall apply to expenditures paid or incurred in taxable 

years beginning after December 31, 2015. 

SEC. 163. EXTENSION OF MINE RESCUE TEAM TRAINING CREDIT. 

(a) IN GENERAL.—Section 45N(e) is amended by striking 

‘‘December 31, 2014’’ and inserting ‘‘December 31, 2016’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to taxable years beginning after December 31, 2014. 

SEC. 164. EXTENSION OF QUALIFIED ZONE ACADEMY BONDS. 

(a) EXTENSION.—Section 54E(c)(1) is amended by striking ‘‘and 

2014’’ and inserting ‘‘2014, 2015, and 2016’’. 

26 USC 45E. 

26 USC 45N 

note. 

26 USC 45N. 

26 USC 45G 

note. 

26 USC 45G. 

26 USC 45A note. 

26 USC 45A. 

26 USC 222 note. 

26 USC 222. 

26 USC 163 note. 

26 USC 163. 

26 USC 108 note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3067 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to obligations issued after December 31, 2014. 

SEC. 165. EXTENSION OF CLASSIFICATION OF CERTAIN RACE HORSES 

AS 3-YEAR PROPERTY. 

(a) IN GENERAL.—Section 168(e)(3)(A)(i) is amended— 

(1) by striking ‘‘January 1, 2015’’ in subclause (I) and 

inserting ‘‘January 1, 2017’’, and 

(2) by striking ‘‘December 31, 2014’’ in subclause (II) and 

inserting ‘‘December 31, 2016’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply to property placed in service after December 31, 2014. 

SEC. 166. EXTENSION OF 7-YEAR RECOVERY PERIOD FOR MOTORSPORTS ENTERTAINMENT COMPLEXES. 

(a) IN GENERAL.—Section 168(i)(15)(D) is amended by striking 

‘‘December 31, 2014’’ and inserting ‘‘December 31, 2016’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to property placed in service after December 31, 2014. 

SEC. 167. EXTENSION AND MODIFICATION OF ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY ON AN INDIAN RESERVATION. 

(a) IN GENERAL.—Section 168(j)(8) is amended by striking 

‘‘December 31, 2014’’ and inserting ‘‘December 31, 2016’’. 

(b) ELECTION TO HAVE SPECIAL RULES NOT APPLY.—Section 

168(j) is amended by redesignating paragraph (8), as amended 

by subsection (a), as paragraph (9), and by inserting after paragraph 

(7) the following new paragraph: 

‘‘(8) ELECTION OUT.—If a taxpayer makes an election under 

this paragraph with respect to any class of property for any 

taxable year, this subsection shall not apply to all property 

in such class placed in service during such taxable year. Such 

election, once made, shall be irrevocable.’’. 

(c) EFFECTIVE DATES.— 

(1) EXTENSION.—The amendment made by subsection (a) 

shall apply to property placed in service after December 31, 

2014. 

(2) MODIFICATION.—The amendments made by subsection 

(b) shall apply to taxable years beginning after December 31, 

2015. 

SEC. 168. EXTENSION OF ELECTION TO EXPENSE MINE SAFETY EQUIPMENT. 

(a) IN GENERAL.—Section 179E(g) is amended by striking 

‘‘December 31, 2014’’ and inserting ‘‘December 31, 2016’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to property placed in service after December 31, 2014. 

SEC. 169. EXTENSION OF SPECIAL EXPENSING RULES FOR CERTAIN 

FILM AND TELEVISION PRODUCTIONS; SPECIAL 

EXPENSING FOR LIVE THEATRICAL PRODUCTIONS. 

(a) IN GENERAL.—Section 181(f) is amended by striking 

‘‘December 31, 2014’’ and inserting ‘‘December 31, 2016’’. 

(b) APPLICATION TO LIVE PRODUCTIONS.— 

(1) IN GENERAL.—Paragraph (1) of section 181(a) is 

amended by inserting ‘‘, and any qualified live theatrical 

production,’’ after ‘‘any qualified film or television production’’. 

26 USC 181. 

26 USC 179E 

note. 

26 USC 179E. 

26 USC 168 note. 

26 USC 168 note. 

26 USC 168 note. 

26 USC 168. 

26 USC 54E note. 


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129 STAT. 3068 PUBLIC LAW 114–113—DEC. 18, 2015 

(2) CONFORMING AMENDMENTS.—Section 181 is amended— 

(A) by inserting ‘‘or any qualified live theatrical production’’ after ‘‘qualified film or television production’’ each 

place it appears in subsections (a)(2), (b), and (c)(1), 

(B) by inserting ‘‘or qualified live theatrical productions’’ after ‘‘qualified film or television productions’’ in 

subsection (f), and 

(C) by inserting ‘‘AND LIVE THEATRICAL’’ after ‘‘FILM

AND TELEVISION’’ in the heading. 

(3) CLERICAL AMENDMENT.—The item relating to section 

181 in the table of sections for part VI of subchapter B of 

chapter 1 is amended to read as follows: 

‘‘Sec. 181. Treatment of certain qualified film and television and live theatrical productions.’’. 

(c) QUALIFIED LIVE THEATRICAL PRODUCTION.—Section 181 is 

amended— 

(1) by redesignating subsections (e) and (f), as amended 

by subsections (a) and (b), as subsections (f) and (g), respectively, and 

(2) by inserting after subsection (d) the following new subsection: 

‘‘(e) QUALIFIED LIVE THEATRICAL PRODUCTION.—For purposes 

of this section— 

‘‘(1) IN GENERAL.—The term ‘qualified live theatrical 

production’ means any production described in paragraph (2) 

if 75 percent of the total compensation of the production is 

qualified compensation (as defined in subsection (d)(3)). 

‘‘(2) PRODUCTION.— 

‘‘(A) IN GENERAL.—A production is described in this 

paragraph if such production is a live staged production 

of a play (with or without music) which is derived from 

a written book or script and is produced or presented 

by a taxable entity in any venue which has an audience 

capacity of not more than 3,000 or a series of venues 

the majority of which have an audience capacity of not 

more than 3,000. 

‘‘(B) TOURING COMPANIES, ETC.—In the case of multiple 

live staged productions— 

‘‘(i) for which the election under this section would 

be allowable to the same taxpayer, and 

‘‘(ii) which are— 

‘‘(I) separate phases of a production, or 

‘‘(II) separate simultaneous stagings of the 

same production in different geographical locations 

(not including multiple performance locations of 

any one touring production), 

each such live staged production shall be treated as a 

separate production. 

‘‘(C) PHASE.—For purposes of subparagraph (B), the 

term ‘phase’ with respect to any qualified live theatrical 

production refers to each of the following, but only if each 

of the following is treated by the taxpayer as a separate 

activity for all purposes of this title: 

‘‘(i) The initial staging of a live theatrical production. 

26 USC 

161 prec. 

26 USC 181. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3069 

‘‘(ii) Subsequent additional stagings or touring of 

such production which are produced by the same producer as the initial staging. 

‘‘(D) SEASONAL PRODUCTIONS.— ‘‘(i) IN GENERAL.—In the case of a live staged 

production not described in subparagraph (B) which 

is produced or presented by a taxable entity for not 

more than 10 weeks of the taxable year, subparagraph 

(A) shall be applied by substituting ‘6,500’ for ‘3,000’. 

‘‘(ii) SHORT TAXABLE YEARS.—For purposes of 

clause (i), in the case of any taxable year of less than 

12 months, the number of weeks for which a production 

is produced or presented shall be annualized by multiplying the number of weeks the production is produced 

or presented during such taxable year by 12 and 

dividing the result by the number of months in such 

taxable year. 

‘‘(E) EXCEPTION.—A production is not described in this 

paragraph if such production includes or consists of any 

performance of conduct described in section 2257(h)(1) of 

title 18, United States Code.’’. 

(d) EFFECTIVE DATE.— (1) EXTENSION.—The amendment made by subsection (a) 

shall apply to productions commencing after December 31, 2014. 

(2) MODIFICATIONS.— (A) IN GENERAL.—The amendments made by subsections (b) and (c) shall apply to productions commencing 

after December 31, 2015. 

(B) COMMENCEMENT.—For purposes of subparagraph 

(A), the date on which a qualified live theatrical production 

commences is the date of the first public performance of 

such production for a paying audience. 

SEC. 170. EXTENSION OF DEDUCTION ALLOWABLE WITH RESPECT TO 

INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION 

ACTIVITIES IN PUERTO RICO. 

(a) IN GENERAL.—Section 199(d)(8)(C) is amended— 

(1) by striking ‘‘first 9 taxable years’’ and inserting ‘‘first 

11 taxable years’’, and 

(2) by striking ‘‘January 1, 2015’’ and inserting ‘‘January 

1, 2017’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply to taxable years beginning after December 31, 2014. 

SEC. 171. EXTENSION AND MODIFICATION OF EMPOWERMENT ZONE 

TAX INCENTIVES. 

(a) IN GENERAL.— (1) EXTENSION.—Section 1391(d)(1)(A)(i) is amended by 

striking ‘‘December 31, 2014’’ and inserting ‘‘December 31, 

2016’’. 

(2) TREATMENT OF CERTAIN TERMINATION DATES SPECIFIED

IN NOMINATIONS.—In the case of a designation of an empowerment zone the nomination for which included a termination 

date which is contemporaneous with the date specified in 

subparagraph (A)(i) of section 1391(d)(1) of the Internal Revenue Code of 1986 (as in effect before the enactment of this 

Act), subparagraph (B) of such section shall not apply with 

respect to such designation if, after the date of the enactment 

26 USC 1391 

note. 

26 USC 1391. 

26 USC 199 note. 

26 USC 199. 

26 USC 181 note. 


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129 STAT. 3070 PUBLIC LAW 114–113—DEC. 18, 2015 

of this section, the entity which made such nomination amends 

the nomination to provide for a new termination date in such 

manner as the Secretary of the Treasury (or the Secretary’s 

designee) may provide. 

(b) MODIFICATION.—Section 1394(b)(3)(B)(i) is amended— 

(1) by striking ‘‘References’’ and inserting the following: 

‘‘(I) IN GENERAL.—Except as provided in subclause (II), references’’, and 

(2) by adding at the end the following new subclause: 

‘‘(II) SPECIAL RULE FOR EMPLOYEE RESIDENCE

TEST.—For purposes of subsection (b)(6) and (c)(5) 

of section 1397C, an employee shall be treated 

as a resident of an empowerment zone if such 

employee is a resident of an empowerment zone, 

an enterprise community, or a qualified low-income 

community within an applicable nominating jurisdiction.’’. 

(c) DEFINITIONS.— 

(1) QUALIFIED LOW-INCOME COMMUNITY.—Section 1394(b)(3) 

is amended by redesignating subparagraphs (C) and (D) as 

subparagraphs (D) and (E), respectively, and by inserting after 

subparagraph (B) the following new subparagraph: 

‘‘(C) QUALIFIED LOW-INCOME COMMUNITY.—For purposes of subparagraph (B)— 

‘‘(i) IN GENERAL.—The term ‘qualified low-income 

community’ means any population census tract if— 

‘‘(I) the poverty rate for such tract is at least 

20 percent, or 

‘‘(II) the median family income for such tract 

does not exceed 80 percent of statewide median 

family income (or, in the case of a tract located 

within a metropolitan area, metropolitan area 

median family income if greater). 

Subclause (II) shall be applied using possessionwide 

median family income in the case of census tracts 

located within a possession of the United States. 

‘‘(ii) TARGETED POPULATIONS.—The Secretary shall 

prescribe regulations under which 1 or more targeted 

populations (within the meaning of section 103(20) of 

the Riegle Community Development and Regulatory 

Improvement Act of 1994) may be treated as qualified 

low-income communities. 

‘‘(iii) AREAS NOT WITHIN CENSUS TRACTS.—In the 

case of an area which is not tracted for population 

census tracts, the equivalent county divisions (as 

defined by the Bureau of the Census for purposes 

of defining poverty areas) shall be used for purposes 

of determining poverty rates and median family 

income. 

‘‘(iv) MODIFICATION OF INCOME REQUIREMENT FOR

CENSUS TRACTS WITHIN HIGH MIGRATION RURAL COUN- TIES.— 

‘‘(I) IN GENERAL.—In the case of a population 

census tract located within a high migration rural 

county, clause (i)(II) shall be applied to areas not 

located within a metropolitan area by substituting 

‘85 percent’ for ‘80 percent’. 

26 USC 1394. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3071 

‘‘(II) HIGH MIGRATION RURAL COUNTY.—For 

purposes of this clause, the term ‘high migration 

rural county’ means any county which, during the 

20-year period ending with the year in which the 

most recent census was conducted, has a net outmigration of inhabitants from the county of at 

least 10 percent of the population of the county 

at the beginning of such period.’’. 

(2) APPLICABLE NOMINATING JURISDICTION.—Section 

1394(b)(3)(D), as redesignated by paragraph (1), is amended 

by adding at the end the following new clause: 

‘‘(iii) APPLICABLE NOMINATING JURISDICTION.—The 

term ‘applicable nominating jurisdiction’ means, with 

respect to any empowerment zone or enterprise 

community, any local government that nominated such 

community for designation under section 1391.’’. 

(d) CONFORMING AMENDMENTS.— 

(1) Section 1394(b)(3)(B)(iii) is amended by striking ‘‘or 

an enterprise community’’ and inserting ‘‘, an enterprise 

community, or a qualified low-income community within an 

applicable nominating jurisdiction’’. 

(2) Section 1394(b)(3)(D), as redesignated by subsection 

(c)(1), is amended by striking ‘‘DEFINITIONS’’ and inserting 

‘‘OTHER DEFINITIONS’’. 

(e) EFFECTIVE DATES.— 

(1) EXTENSIONS.—The amendment made by subsection (a) 

shall apply to taxable years beginning after December 31, 2014. 

(2) MODIFICATIONS.—The amendments made by subsections 

(b), (c), and (d) shall apply to bonds issued after December 

31, 2015. 

SEC. 172. EXTENSION OF TEMPORARY INCREASE IN LIMIT ON COVER 

OVER OF RUM EXCISE TAXES TO PUERTO RICO AND THE 

VIRGIN ISLANDS. 

(a) IN GENERAL.—Section 7652(f)(1) is amended by striking 

‘‘January 1, 2015’’ and inserting ‘‘January 1, 2017’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to distilled spirits brought into the United States after 

December 31, 2014. 

SEC. 173. EXTENSION OF AMERICAN SAMOA ECONOMIC DEVELOPMENT 

CREDIT. 

(a) IN GENERAL.—Section 119(d) of division A of the Tax Relief 

and Health Care Act of 2006 is amended— 

(1) by striking ‘‘January 1, 2015’’ each place it appears 

and inserting ‘‘January 1, 2017’’, 

(2) by striking ‘‘first 9 taxable years’’ in paragraph (1) 

and inserting ‘‘first 11 taxable years’’, and 

(3) by striking ‘‘first 3 taxable years’’ in paragraph (2) 

and inserting ‘‘first 5 taxable years’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply to taxable years beginning after December 31, 2014. 

SEC. 174. MORATORIUM ON MEDICAL DEVICE EXCISE TAX. 

(a) IN GENERAL.—Section 4191 is amended by adding at the 

end the following new subsection: 

26 USC 4191. 

26 USC 30A note. 

26 USC 30A note. 

26 USC 7652 

note. 

26 USC 7652. 

26 USC 1394 

note. 

26 USC 1391 

note. 

26 USC 1394. 


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129 STAT. 3072 PUBLIC LAW 114–113—DEC. 18, 2015 

‘‘(c) MORATORIUM.—The tax imposed under subsection (a) shall 

not apply to sales during the period beginning on January 1, 2016, 

and ending on December 31, 2017.’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to sales after December 31, 2015. 

PART 3—INCENTIVES FOR ENERGY 

PRODUCTION AND CONSERVATION 

SEC. 181. EXTENSION AND MODIFICATION OF CREDIT FOR NONBUSINESS ENERGY PROPERTY. 

(a) EXTENSION.—Section 25C(g)(2) is amended by striking 

‘‘December 31, 2014’’ and inserting ‘‘December 31, 2016’’. 

(b) UPDATED ENERGY STAR REQUIREMENTS.— (1) IN GENERAL.—Section 25C(c)(1) is amended by striking 

‘‘which meets’’ and all that follows through ‘‘requirements)’’. 

(2) ENERGY EFFICIENT BUILDING ENVELOPE COMPONENT.— 

Section 25C(c) is amended by redesignating paragraphs (2) 

and (3) as paragraphs (3) and (4), respectively, and by inserting 

after paragraph (1) the following new paragraph: 

‘‘(2) ENERGY EFFICIENT BUILDING ENVELOPE COMPONENT.— 

The term ‘energy efficient building envelope component’ means 

a building envelope component which meets— 

‘‘(A) applicable Energy Star program requirements, in 

the case of a roof or roof products, 

‘‘(B) version 6.0 Energy Star program requirements, 

in the case of an exterior window, a skylight, or an exterior 

door, and 

‘‘(C) the prescriptive criteria for such component established by the 2009 International Energy Conservation Code, 

as such Code (including supplements) is in effect on the 

date of the enactment of the American Recovery and 

Reinvestment Tax Act of 2009, in the case of any other 

component.’’. 

(c) EFFECTIVE DATES.— 

(1) EXTENSION.—The amendment made by subsection (a) 

shall apply to property placed in service after December 31, 

2014. 

(2) MODIFICATION.—The amendments made by subsection 

(b) shall apply to property placed in service after December 

31, 2015. 

SEC. 182. EXTENSION OF CREDIT FOR ALTERNATIVE FUEL VEHICLE 

REFUELING PROPERTY. 

(a) IN GENERAL.—Section 30C(g) is amended by striking 

‘‘December 31, 2014’’ and inserting ‘‘December 31, 2016’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to property placed in service after December 31, 2014. 

SEC. 183. EXTENSION OF CREDIT FOR 2-WHEELED PLUG-IN ELECTRIC 

VEHICLES. 

(a) IN GENERAL.—Section 30D(g)(3)(E) is amended by striking 

‘‘acquired’’ and all that follows and inserting the following: 

‘‘acquired— 

‘‘(i) after December 31, 2011, and before January 

1, 2014, or 

26 USC 30D. 

26 USC 30C note. 

26 USC 30C. 

26 USC 25C note. 

26 USC 25C. 

26 USC 4191 

note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3073 

‘‘(ii) in the case of a vehicle that has 2 wheels, 

after December 31, 2014, and before January 1, 2017.’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply to vehicles acquired after December 31, 2014. 

SEC. 184. EXTENSION OF SECOND GENERATION BIOFUEL PRODUCER 

CREDIT. 

(a) IN GENERAL.—Section 40(b)(6)(J)(i) is amended by striking 

‘‘January 1, 2015’’ and inserting ‘‘January 1, 2017’’. 

(b) EFFECTIVE DATE.—The amendment made by this subsection 

shall apply to qualified second generation biofuel production after 

December 31, 2014. 

SEC. 185. EXTENSION OF BIODIESEL AND RENEWABLE DIESEL INCENTIVES. 

(a) INCOME TAX CREDIT.— (1) IN GENERAL.—Subsection (g) of section 40A is amended 

by striking ‘‘December 31, 2014’’ and inserting ‘‘December 31, 

2016’’. 

(2) EFFECTIVE DATE.—The amendment made by this subsection shall apply to fuel sold or used after December 31, 

2014. 

(b) EXCISE TAX INCENTIVES.— (1) IN GENERAL.—Section 6426(c)(6) is amended by striking 

‘‘December 31, 2014’’ and inserting ‘‘December 31, 2016’’. 

(2) PAYMENTS.—Section 6427(e)(6)(B) is amended by 

striking ‘‘December 31, 2014’’ and inserting ‘‘December 31, 

2016’’. 

(3) EFFECTIVE DATE.—The amendments made by this subsection shall apply to fuel sold or used after December 31, 

2014. 

(4) SPECIAL RULE FOR 2015.—Notwithstanding any other 

provision of law, in the case of any biodiesel mixture credit 

properly determined under section 6426(c) of the Internal Revenue Code of 1986 for the period beginning on January 1, 

2015, and ending on December 31, 2015, such credit shall 

be allowed, and any refund or payment attributable to such 

credit (including any payment under section 6427(e) of such 

Code) shall be made, only in such manner as the Secretary 

of the Treasury (or the Secretary’s delegate) shall provide. 

Such Secretary shall issue guidance within 30 days after the 

date of the enactment of this Act providing for a one-time 

submission of claims covering periods described in the preceding 

sentence. Such guidance shall provide for a 180-day period 

for the submission of such claims (in such manner as prescribed 

by such Secretary) to begin not later than 30 days after such 

guidance is issued. Such claims shall be paid by such Secretary 

not later than 60 days after receipt. If such Secretary has 

not paid pursuant to a claim filed under this subsection within 

60 days after the date of the filing of such claim, the claim 

shall be paid with interest from such date determined by using 

the overpayment rate and method under section 6621 of such 

Code. 

SEC. 186. EXTENSION AND MODIFICATION OF PRODUCTION CREDIT 

FOR INDIAN COAL FACILITIES. 

(a) IN GENERAL.—Section 45(e)(10)(A) is amended by striking 

‘‘9-year period’’ each place it appears and inserting ‘‘11-year period’’. 

26 USC 45. 

26 USC 6426 

note. 

26 USC 6426 

note. 

26 USC 6427. 

26 USC 6426. 

26 USC 40A note. 

26 USC 40A. 

26 USC 40 note. 

26 USC 40. 

26 USC 30D 

note. 


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129 STAT. 3074 PUBLIC LAW 114–113—DEC. 18, 2015 

(b) REPEAL OF LIMITATION BASED ON DATE FACILITY IS PLACED

IN SERVICE.—Section 45(d)(10) is amended to read as follows: 

‘‘(10) INDIAN COAL PRODUCTION FACILITY.—The term ‘Indian 

coal production facility’ means a facility that produces Indian 

coal.’’. 

(c) TREATMENT OF SALES TO RELATED PARTIES.—Section 

45(e)(10)(A)(ii)(I) is amended by inserting ‘‘(either directly by the 

taxpayer or after sale or transfer to one or more related persons)’’ 

after ‘‘unrelated person’’. 

(d) CREDIT ALLOWED AGAINST ALTERNATIVE MINIMUM TAX.— 

(1) IN GENERAL.—Section 38(c)(4)(B), as amended by the 

preceding provisions of this Act, is amended by redesignating 

clauses (v) through (x) as clauses (vi) through (xi), respectively, 

and by inserting after clause (iv) the following new clause: 

‘‘(v) the credit determined under section 45 to the 

extent that such credit is attributable to section 

45(e)(10) (relating to Indian coal production facilities),’’. 

(2) CONFORMING AMENDMENT.—Section 45(e)(10) is 

amended by striking subparagraph (D). 

(e) EFFECTIVE DATES.— 

(1) EXTENSION.—The amendments made by subsection (a) 

shall apply to coal produced after December 31, 2014. 

(2) MODIFICATIONS.—The amendments made by subsections 

(b) and (c) shall apply to coal produced and sold after December 

31, 2015, in taxable years ending after such date. 

(3) CREDIT ALLOWED AGAINST ALTERNATIVE MINIMUM TAX.— 

The amendments made by subsection (d) shall apply to credits 

determined for taxable years beginning after December 31, 

2015. 

SEC. 187. EXTENSION OF CREDITS WITH RESPECT TO FACILITIES PRODUCING ENERGY FROM CERTAIN RENEWABLE 

RESOURCES. 

(a) IN GENERAL.—The following provisions of section 45(d) are 

each amended by striking ‘‘January 1, 2015’’ each place it appears 

and inserting ‘‘January 1, 2017’’: 

(1) Paragraph (2)(A). 

(2) Paragraph (3)(A). 

(3) Paragraph (4)(B). 

(4) Paragraph (6). 

(5) Paragraph (7). 

(6) Paragraph (9). 

(7) Paragraph (11)(B). 

(b) EXTENSION OF ELECTION TO TREAT QUALIFIED FACILITIES

AS ENERGY PROPERTY.—Section 48(a)(5)(C)(ii) is amended by 

striking ‘‘January 1, 2015’’ and inserting ‘‘January 1, 2017’’. 

(c) EFFECTIVE DATES.—The amendments made by this section 

shall take effect on January 1, 2015. 

SEC. 188. EXTENSION OF CREDIT FOR ENERGY-EFFICIENT NEW HOMES. 

(a) IN GENERAL.—Section 45L(g) is amended by striking 

‘‘December 31, 2014’’ and inserting ‘‘December 31, 2016’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to homes acquired after December 31, 2014. 

26 USC 45L note. 

26 USC 45L. 

26 USC 45 note. 

26 USC 48. 

26 USC 38 note. 

26 USC 45 note. 

26 USC 45 note. 

26 USC 38. 

26 USC 45. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3075 

SEC. 189. EXTENSION OF SPECIAL ALLOWANCE FOR SECOND GENERATION BIOFUEL PLANT PROPERTY. 

(a) IN GENERAL.—Section 168(l)(2)(D) is amended by striking 

‘‘January 1, 2015’’ and inserting ‘‘January 1, 2017’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to property placed in service after December 31, 2014. 

SEC. 190. EXTENSION OF ENERGY EFFICIENT COMMERCIAL BUILDINGS 

DEDUCTION. 

(a) IN GENERAL.—Section 179D(h) is amended by striking 

‘‘December 31, 2014’’ and inserting ‘‘December 31, 2016’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall apply to property placed in service after December 31, 2014. 

SEC. 191. EXTENSION OF SPECIAL RULE FOR SALES OR DISPOSITIONS 

TO IMPLEMENT FERC OR STATE ELECTRIC RESTRUCTURING POLICY FOR QUALIFIED ELECTRIC UTILITIES. 

(a) IN GENERAL.—Section 451(i)(3) is amended by striking 

‘‘January 1, 2015’’ and inserting ‘‘January 1, 2017’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to dispositions after December 31, 2014. 

SEC. 192. EXTENSION OF EXCISE TAX CREDITS RELATING TO ALTERNATIVE FUELS. 

(a) EXTENSION OF ALTERNATIVE FUELS EXCISE TAX CREDITS.— (1) IN GENERAL.—Sections 6426(d)(5) and 6426(e)(3) are 

each amended by striking ‘‘December 31, 2014’’ and inserting 

‘‘December 31, 2016’’. 

(2) OUTLAY PAYMENTS FOR ALTERNATIVE FUELS.—Section 

6427(e)(6)(C) is amended by striking ‘‘December 31, 2014’’ and 

inserting ‘‘December 31, 2016’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply to fuel sold or used after December 31, 2014. 

(c) SPECIAL RULE FOR 2015.—Notwithstanding any other provision of law, in the case of any alternative fuel credit properly 

determined under section 6426(d) of the Internal Revenue Code 

of 1986 for the period beginning on January 1, 2015, and ending 

on December 31, 2015, such credit shall be allowed, and any refund 

or payment attributable to such credit (including any payment 

under section 6427(e) of such Code) shall be made, only in such 

manner as the Secretary of the Treasury (or the Secretary’s delegate) shall provide. Such Secretary shall issue guidance within 

30 days after the date of the enactment of this Act providing 

for a one-time submission of claims covering periods described in 

the preceding sentence. Such guidance shall provide for a 180- 

day period for the submission of such claims (in such manner 

as prescribed by such Secretary) to begin not later than 30 days 

after such guidance is issued. Such claims shall be paid by such 

Secretary not later than 60 days after receipt. If such Secretary 

has not paid pursuant to a claim filed under this subsection within 

60 days after the date of the filing of such claim, the claim shall 

be paid with interest from such date determined by using the 

overpayment rate and method under section 6621 of such Code. 

SEC. 193. EXTENSION OF CREDIT FOR NEW QUALIFIED FUEL CELL 

MOTOR VEHICLES. 

(a) IN GENERAL.—Section 30B(k)(1) is amended by striking 

‘‘December 31, 2014’’ and inserting ‘‘December 31, 2016’’. 

26 USC 30B. 

26 USC 6426 

note. 

26 USC 6426 

note. 

26 USC 6427. 

26 USC 6426. 

26 USC 451 note. 

26 USC 451. 

26 USC 179D 

note. 

26 USC 179D. 

26 USC 168 note. 

26 USC 168. 


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129 STAT. 3076 PUBLIC LAW 114–113—DEC. 18, 2015 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to property purchased after December 31, 2014. 

TITLE II—PROGRAM INTEGRITY 

SEC. 201. MODIFICATION OF FILING DATES OF RETURNS AND STATEMENTS RELATING TO EMPLOYEE WAGE INFORMATION 

AND NONEMPLOYEE COMPENSATION TO IMPROVE 

COMPLIANCE. 

(a) IN GENERAL.—Section 6071 is amended by redesignating 

subsection (c) as subsection (d), and by inserting after subsection 

(b) the following new subsection: 

‘‘(c) RETURNS AND STATEMENTS RELATING TO EMPLOYEE WAGE

INFORMATION AND NONEMPLOYEE COMPENSATION.—Forms W–2 and 

W–3 and any returns or statements required by the Secretary 

to report nonemployee compensation shall be filed on or before 

January 31 of the year following the calendar year to which such 

returns relate.’’. 

(b) DATE FOR CERTAIN REFUNDS.—Section 6402 is amended 

by adding at the end the following new subsection: 

‘‘(m) EARLIEST DATE FOR CERTAIN REFUNDS.—No credit or 

refund of an overpayment for a taxable year shall be made to 

a taxpayer before the 15th day of the second month following 

the close of such taxable year if a credit is allowed to such taxpayer 

under section 24 (by reason of subsection (d) thereof) or 32 for 

such taxable year.’’. 

(c) CONFORMING AMENDMENT.—Section 6071(b) is amended by 

striking ‘‘subparts B and C of part III of this subchapter’’ and 

inserting ‘‘subpart B of part III of this subchapter (other than 

returns and statements required to be filed with respect to nonemployee compensation)’’. 

(d) EFFECTIVE DATES.— 

(1) IN GENERAL.—Except as provided in paragraph (2), the 

amendments made by this section shall apply to returns and 

statements relating to calendar years beginning after the date 

of the enactment of this Act. 

(2) DATE FOR CERTAIN REFUNDS.—The amendment made 

by subsection (b) shall apply to credits or refunds made after 

December 31, 2016. 

SEC. 202. SAFE HARBOR FOR DE MINIMIS ERRORS ON INFORMATION 

RETURNS AND PAYEE STATEMENTS. 

(a) IN GENERAL.—Section 6721(c) is amended by adding at 

the end the following new paragraph: 

‘‘(3) SAFE HARBOR FOR CERTAIN DE MINIMIS ERRORS.— 

‘‘(A) IN GENERAL.—If, with respect to an information 

return filed with the Secretary— 

‘‘(i) there are 1 or more failures described in subsection (a)(2)(B) relating to an incorrect dollar amount, 

‘‘(ii) no single amount in error differs from the 

correct amount by more than $100, and 

‘‘(iii) no single amount reported for tax withheld 

on any information return differs from the correct 

amount by more than $25, 

26 USC 6721. 

26 USC 6071 

note. 

26 USC 6071. 

26 USC 6402. 

26 USC 6071. 

26 USC 30B note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3077 

then no correction shall be required and, for purposes of 

this section, such return shall be treated as having been 

filed with all of the correct required information. 

‘‘(B) EXCEPTION.—Subparagraph (A) shall not apply 

with respect to any incorrect dollar amount to the extent 

that such error relates to an amount with respect to which 

an election is made under section 6722(c)(3)(B). 

‘‘(C) REGULATORY AUTHORITY.—The Secretary may 

issue regulations to prevent the abuse of the safe harbor 

under this paragraph, including regulations providing that 

this paragraph shall not apply to the extent necessary 

to prevent any such abuse.’’. 

(b) FAILURE TO FURNISH CORRECT PAYEE STATEMENT.—Section 

6722(c) is amended by adding at the end the following new paragraph: 

‘‘(3) SAFE HARBOR FOR CERTAIN DE MINIMIS ERRORS.— 

‘‘(A) IN GENERAL.—If, with respect to any payee statement— 

‘‘(i) there are 1 or more failures described in subsection (a)(2)(B) relating to an incorrect dollar amount, 

‘‘(ii) no single amount in error differs from the 

correct amount by more than $100, and 

‘‘(iii) no single amount reported for tax withheld 

on any information return differs from the correct 

amount by more than $25, 

then no correction shall be required and, for purposes of 

this section, such statement shall be treated as having 

been filed with all of the correct required information. 

‘‘(B) EXCEPTION.—Subparagraph (A) shall not apply 

to any payee statement if the person to whom such statement is required to be furnished makes an election (at 

such time and in such manner as the Secretary may prescribe) that subparagraph (A) not apply with respect to 

such statement. 

‘‘(C) REGULATORY AUTHORITY.—The Secretary may 

issue regulations to prevent the abuse of the safe harbor 

under this paragraph, including regulations providing that 

this paragraph shall not apply to the extent necessary 

to prevent any such abuse.’’. 

(c) APPLICATION TO BROKER REPORTING OF BASIS.—Section 

6045(g)(2)(B) is amended by adding at the end the following new 

clause: 

‘‘(iii) TREATMENT OF UNCORRECTED DE MINIMIS

ERRORS.—Except as otherwise provided by the Secretary, the customer’s adjusted basis shall be determined by treating any incorrect dollar amount which 

is not required to be corrected by reason of section 

6721(c)(3) or section 6722(c)(3) as the correct amount.’’. 

(d) CONFORMING AMENDMENTS.— 

(1) Section 6721(c) is amended by striking ‘‘EXCEPTION

FOR DE MINIMIS FAILURES TO INCLUDE ALL REQUIRED INFORMATION’’ in the heading and inserting ‘‘EXCEPTIONS FOR CERTAIN

DE MINIMIS FAILURES’’. 

(2) Section 6721(c)(1) is amended by striking ‘‘IN GENERAL’’ 

in the heading and inserting ‘‘EXCEPTION FOR DE MINIMIS

FAILURE TO INCLUDE ALL REQUIRED INFORMATION’’. 

26 USC 6721. 

26 USC 6045. 

26 USC 6722. 


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129 STAT. 3078 PUBLIC LAW 114–113—DEC. 18, 2015 

(e) EFFECTIVE DATE.—The amendments made by this section 

shall apply to returns required to be filed, and payee statements 

required to be provided, after December 31, 2016. 

SEC. 203. REQUIREMENTS FOR THE ISSUANCE OF ITINS. 

(a) IN GENERAL.—Section 6109 is amended by adding at the 

end the following new subsection: 

‘‘(i) SPECIAL RULES RELATING TO THE ISSUANCE OF ITINS.— 

‘‘(1) IN GENERAL.—The Secretary is authorized to issue 

an individual taxpayer identification number to an individual 

only if the applicant submits an application, using such form 

as the Secretary may require and including the required documentation— 

‘‘(A) in the case of an applicant not described in 

subparagraph (B)— 

‘‘(i) in person to an employee of the Internal Revenue Service or a community-based certified acceptance 

agent approved by the Secretary, or 

‘‘(ii) by mail, pursuant to rules prescribed by the 

Secretary, or 

‘‘(B) in the case of an applicant who resides outside 

of the United States, by mail or in person to an employee 

of the Internal Revenue Service or a designee of the Secretary at a United States diplomatic mission or consular 

post. 

‘‘(2) REQUIRED DOCUMENTATION.—For purposes of this subsection— 

‘‘(A) IN GENERAL.—The term ‘required documentation’ 

includes such documentation as the Secretary may require 

that proves the individual’s identity, foreign status, and 

residency. 

‘‘(B) VALIDITY OF DOCUMENTS.—The Secretary may 

accept only original documents or certified copies meeting 

the requirements of the Secretary. 

‘‘(3) TERM OF ITIN.— 

‘‘(A) IN GENERAL.—An individual taxpayer identification number issued after December 31, 2012, shall remain 

in effect unless the individual to whom such number is 

issued does not file a return of tax (or is not included 

as a dependent on the return of tax of another taxpayer) 

for 3 consecutive taxable years. In the case of an individual 

described in the preceding sentence, such number shall 

expire on the last day of such third consecutive taxable 

year. 

‘‘(B) SPECIAL RULE FOR EXISTING ITINS.—In the case 

of an individual with respect to whom an individual taxpayer identification number was issued before January 1, 

2013, such number shall remain in effect until the earlier 

of— 

‘‘(i) the applicable date, or 

‘‘(ii) if the individual does not file a return of 

tax (or is not included as a dependent on the return 

of tax of another taxpayer) for 3 consecutive taxable 

years, the earlier of— 

‘‘(I) the last day of such third consecutive taxable year, or 

26 USC 6109. 

26 USC 6045 

note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3079 

‘‘(II) the last day of the taxable year that 

includes the date of the enactment of this subsection. 

‘‘(C) APPLICABLE DATE.—For purposes of subparagraph 

(B), the term ‘applicable date’ means— 

‘‘(i) January 1, 2017, in the case of an individual 

taxpayer identification number issued before January 

1, 2008, 

‘‘(ii) January 1, 2018, in the case of an individual 

taxpayer identification number issued in 2008, 

‘‘(iii) January 1, 2019, in the case of an individual 

taxpayer identification number issued in 2009 or 2010, 

and 

‘‘(iv) January 1, 2020, in the case of an individual 

taxpayer identification number issued in 2011 or 2012. 

‘‘(4) DISTINGUISHING ITINS ISSUED SOLELY FOR PURPOSES

OF TREATY BENEFITS.—The Secretary shall implement a system 

that ensures that individual taxpayer identification numbers 

issued solely for purposes of claiming tax treaty benefits are 

used only for such purposes, by distinguishing such numbers 

from other individual taxpayer identification numbers issued.’’. 

(b) AUDIT BY TIGTA.—Not later than 2 years after the date 

of the enactment of this Act, and every 2 years thereafter, the 

Treasury Inspector General for Tax Administration shall conduct 

an audit of the program of the Internal Revenue Service for the 

issuance of individual taxpayer identification numbers pursuant 

to section 6109(i) of the Internal Revenue Code of 1986 (as added 

by this section) and report the results of such audit to the Committee on Finance of the Senate and the Committee on the Ways 

and Means of the House of Representatives. 

(c) COMMUNITY-BASED CERTIFIED ACCEPTANCE AGENTS.—The 

Secretary of the Treasury, or the Secretary’s delegate, shall maintain a program for training and approving community-based certified acceptance agents for purposes of section 6109(i)(1)(A)(i) of 

the Internal Revenue Code of 1986 (as added by this section). 

Persons eligible to be acceptance agents under such program 

include— 

(1) financial institutions (as defined in section 265(b)(5) 

of such Code and the regulations thereunder), 

(2) colleges and universities which are described in section 

501(c)(3) of such Code and exempt from taxation under section 

501(a) of such Code, 

(3) Federal agencies (as defined in section 6402(h) of such 

Code), 

(4) State and local governments, including agencies responsible for vital records, 

(5) community-based organizations which are described in 

subsection (c)(3) or (d) of section 501 of such Code and exempt 

from taxation under section 501(a) of such Code, 

(6) persons that provide assistance to taxpayers in the 

preparation of their tax returns, and 

(7) other persons or categories of persons as authorized 

by regulations or other guidance of the Secretary of the 

Treasury. 

(d) ITIN STUDY.— (1) IN GENERAL.—The Secretary of the Treasury, or the 

Secretary’s delegate, shall conduct a study on the effectiveness 

26 USC 6109 

note. 

26 USC 6109 

note. 

26 USC 6109 

note. 


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129 STAT. 3080 PUBLIC LAW 114–113—DEC. 18, 2015 

of the application process for individual taxpayer identification 

numbers before the implementation of the amendments made 

by this section, the effects of the amendments made by this 

section on such application process, the comparative effectiveness of an in-person review process for application versus other 

methods of reducing fraud in the ITIN program and improper 

payments to ITIN holders as a result, and possible administrative and legislative recommendations to improve such process. 

(2) SPECIFIC REQUIREMENTS.—Such study shall include an 

evaluation of the following: 

(A) Possible administrative and legislative recommendations to reduce fraud and improper payments 

through the use of individual taxpayer identification numbers (hereinafter referred to as ‘‘ITINs’’). 

(B) If data supports an in-person initial review of ITIN 

applications to reduce fraud and improper payments, the 

administrative and legislative steps needed to implement 

such an in-person initial review of ITIN applications, in 

conjunction with an expansion of the community-based certified acceptance agent program under subsection (c), with 

a goal of transitioning to such a program by 2020. 

(C) Strategies for more efficient processing of ITIN 

applications. 

(D) The acceptance agent program as in existence on 

the date of the enactment of this Act and ways to expand 

the geographic availability of agents through the community-based certified acceptance agent program under subsection (c). 

(E) Strategies for the Internal Revenue Service to work 

with other Federal agencies, State and local governments, 

and other organizations and persons described in subsection (c) to encourage participation in the communitybased certified acceptance agent program under subsection 

(c) to facilitate in-person initial review of ITIN applications. 

(F) Typical characteristics (derived from Form W–7 

and other sources) of mail applications for ITINs as compared with typical characteristics of in-person applications. 

(G) Typical characteristics (derived from 17 Form W– 

7 and other sources) of ITIN applications before the 

Internal Revenue Service revised its application procedures 

in 2012 as compared with typical characteristics of ITIN 

applications made after such revisions went into effect. 

(3) REPORT.—The Secretary, or the Secretary’s delegate, 

shall submit to the Committee on Finance of the Senate and 

the Committee on Ways and Means of the House of Representatives a report detailing the study under paragraph (1) and 

its findings not later than 1 year after the date of the enactment 

of this Act. 

(4) ADMINISTRATIVE STEPS.—The Secretary of the Treasury 

shall implement any administrative steps identified by the 

report under paragraph (3) not later than 180 days after 

submitting such report. 

(e) MATHEMATICAL OR CLERICAL ERROR AUTHORITY.—Paragraph (2) of section 6213(g) of the Internal Revenue Code of 1986 

is amended by striking ‘‘and’’ at the end of subparagraph (M), 

by striking the period at the end of subparagraph (N) and inserting 

26 USC 6213. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3081 

‘‘, and’’, and by inserting after subparagraph (N) the following 

new subparagraph: 

‘‘(O) the inclusion on a return of an individual taxpayer 

identification number issued under section 6109(i) which 

has expired, been revoked by the Secretary, or is otherwise 

invalid.’’. 

(f) EFFECTIVE DATE.—The amendments made by this section 

shall apply to applications for individual taxpayer identification 

numbers made after the date of the enactment of this Act. 

SEC. 204. PREVENTION OF RETROACTIVE CLAIMS OF EARNED INCOME 

CREDIT AFTER ISSUANCE OF SOCIAL SECURITY NUMBER. 

(a) IN GENERAL.—Section 32(m) is amended by inserting ‘‘on 

or before the due date for filing the return for the taxable year’’ 

before the period at the end. 

(b) EFFECTIVE DATE.— (1) IN GENERAL.—Except as provided in paragraph (2), the 

amendment made by this section shall apply to any return 

of tax, and any amendment or supplement to any return of 

tax, which is filed after the date of the enactment of this 

Act. 

(2) EXCEPTION FOR TIMELY-FILED 2015 RETURNS.—The 

amendment made by this section shall not apply to any return 

of tax (other than an amendment or supplement to any return 

of tax) for any taxable year which includes the date of the 

enactment of this Act if such return is filed on or before the 

due date for such return of tax. 

SEC. 205. PREVENTION OF RETROACTIVE CLAIMS OF CHILD TAX 

CREDIT. 

(a) QUALIFYING CHILD IDENTIFICATION REQUIREMENT.—Section 

24(e) is amended by inserting ‘‘and such taxpayer identification 

number was issued on or before the due date for filing such return’’ 

before the period at the end. 

(b) TAXPAYER IDENTIFICATION REQUIREMENT.—Section 24(e), as 

amended by subsection (a) is amended— 

(1) by striking ‘‘IDENTIFICATION REQUIREMENT.—No credit 

shall be allowed’’ and inserting the following: ‘‘IDENTIFICATION

REQUIREMENTS.— 

‘‘(1) QUALIFYING CHILD IDENTIFICATION REQUIREMENT.—No 

credit shall be allowed’’, and 

(2) by adding at the end the following new paragraph: 

‘‘(2) TAXPAYER IDENTIFICATION REQUIREMENT.—No credit 

shall be allowed under this section if the identifying number 

of the taxpayer was issued after the due date for filing the 

return for the taxable year.’’. 

(c) EFFECTIVE DATE.— 

(1) IN GENERAL.—The amendments made by this section 

shall apply to any return of tax, and any amendment or supplement to any return of tax, which is filed after the date of 

the enactment of this Act. 

(2) EXCEPTION FOR TIMELY-FILED 2015 RETURNS.—The 

amendments made by this section shall not apply to any return 

of tax (other than an amendment or supplement to any return 

of tax) for any taxable year which includes the date of the 

enactment of this Act if such return is filed on or before the 

due date for such return of tax. 

26 USC 24 note. 

26 USC 24. 

26 USC 32 note. 

26 USC 32. 

26 USC 6109 

note. 


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129 STAT. 3082 PUBLIC LAW 114–113—DEC. 18, 2015 

SEC. 206. PREVENTION OF RETROACTIVE CLAIMS OF AMERICAN 

OPPORTUNITY TAX CREDIT. 

(a) IN GENERAL.—Section 25A(i) is amended— 

(1) by striking paragraph (6), and 

(2) by inserting after paragraph (5) the following new paragraph: 

‘‘(6) IDENTIFICATION NUMBERS.— 

‘‘(A) STUDENT.—The requirements of subsection (g)(1) 

shall not be treated as met with respect to the Hope Scholarship Credit unless the individual’s taxpayer identification 

number was issued on or before the due date for filing 

the return of tax for the taxable year. 

‘‘(B) TAXPAYER.—No Hope Scholarship Credit shall be 

allowed under this section if the identifying number of 

the taxpayer was issued after the due date for filing the 

return for the taxable year.’’. 

(b) EFFECTIVE DATES.— 

(1) IN GENERAL.—Except as provided in paragraph (2), the 

amendment made by subsection (a)(2) shall apply to any return 

of tax, and any amendment or supplement to any return of 

tax, which is filed after the date of the enactment of this 

Act. 

(2) EXCEPTION FOR TIMELY-FILED 2015 RETURNS.—The 

amendment made by subsection (a)(2) shall not apply to any 

return of tax (other than an amendment or supplement to 

any return of tax) for any taxable year which includes the 

date of the enactment of this Act if such return is filed on 

or before the due date for such return of tax. 

(3) REPEAL OF DEADWOOD.—The amendment made by subsection (a)(1) shall take effect on the date of the enactment 

of this Act. 

SEC. 207. PROCEDURES TO REDUCE IMPROPER CLAIMS. 

(a) DUE DILIGENCE REQUIREMENTS.—Section 6695(g) is 

amended— 

(1) by striking ‘‘section 32’’and inserting ‘‘section 24, 

25A(a)(1), or 32’’, and 

(2) in the heading by inserting ‘‘CHILD TAX CREDIT; AMERICAN OPPORTUNITY TAX CREDIT; AND’’ before ‘‘EARNED INCOME

CREDIT’’. 

(b) RETURN PREPARER DUE DILIGENCE STUDY.— 

(1) IN GENERAL.—The Secretary of the Treasury, or his 

delegate, shall conduct a study of the effectiveness of tax return 

preparer due diligence requirements for claiming the earned 

income tax credit under section 32 of the Internal Revenue 

Code of 1986, the child tax credit under section 24 of such 

Code, and the American opportunity tax credit under section 

25A(i) of such Code. 

(2) REQUIREMENTS.—Such study shall include an evaluation 

of the following: 

(A) The effectiveness of the questions currently asked 

as part of the due-diligence requirement with respect to 

minimizing error and fraud. 

(B) Whether all such questions are necessary and support improved compliance. 

26 USC 6695. 

26 USC 25A note. 

26 USC 25A. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3083 

(C) The comparative effectiveness of such questions 

relative to other means of determining (i) eligibility for 

these tax credits and (ii) the correct amount of tax credit. 

(D) Whether due diligence of this type should apply 

to other methods of tax filing and whether such requirements should vary based on the methods to increase 

effectiveness. 

(E) The effectiveness of the preparer penalty under 

section 6695(g) in enforcing the due diligence requirements. 

(3) REPORT.—The Secretary, or his delegate, shall submit 

to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a 

report detailing the study and its findings— 

(A) in the case of the portion of the study that relates 

to the earned income tax credit, not later than 1 year 

after the date of enactment of this Act, and 

(B) in the case of the portions of the study that relate 

to the child tax credit and the American opportunity tax 

credit, not later than 2 years after the date of the enactment of this Act. 

(c) EFFECTIVE DATE.—The amendment made by this section 

shall apply to taxable years beginning after December 31, 2015. 

SEC. 208. RESTRICTIONS ON TAXPAYERS WHO IMPROPERLY CLAIMED 

CREDITS IN PRIOR YEAR. 

(a) RESTRICTIONS.— 

(1) CHILD TAX CREDIT.—Section 24 is amended by adding 

at the end the following new subsection: 

‘‘(g) RESTRICTIONS ON TAXPAYERS WHO IMPROPERLY CLAIMED

CREDIT IN PRIOR YEAR.— 

‘‘(1) TAXPAYERS MAKING PRIOR FRAUDULENT OR RECKLESS

CLAIMS.— 

‘‘(A) IN GENERAL.—No credit shall be allowed under 

this section for any taxable year in the disallowance period. 

‘‘(B) DISALLOWANCE PERIOD.—For purposes of subparagraph (A), the disallowance period is— 

‘‘(i) the period of 10 taxable years after the most 

recent taxable year for which there was a final determination that the taxpayer’s claim of credit under this 

section was due to fraud, and 

‘‘(ii) the period of 2 taxable years after the most 

recent taxable year for which there was a final determination that the taxpayer’s claim of credit under this 

section was due to reckless or intentional disregard 

of rules and regulations (but not due to fraud). 

‘‘(2) TAXPAYERS MAKING IMPROPER PRIOR CLAIMS.—In the 

case of a taxpayer who is denied credit under this section 

for any taxable year as a result of the deficiency procedures 

under subchapter B of chapter 63, no credit shall be allowed 

under this section for any subsequent taxable year unless the 

taxpayer provides such information as the Secretary may 

require to demonstrate eligibility for such credit.’’. 

(2) AMERICAN OPPORTUNITY TAX CREDIT.—Section 25A(i), 

as amended by the preceding provisions of this Act, is amended 

by adding at the end the following new paragraph: 

‘‘(7) RESTRICTIONS ON TAXPAYERS WHO IMPROPERLY CLAIMED

CREDIT IN PRIOR YEAR.— 

26 USC 25A. 

26 USC 24. 

26 USC 6695 

note. 


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129 STAT. 3084 PUBLIC LAW 114–113—DEC. 18, 2015 

‘‘(A) TAXPAYERS MAKING PRIOR FRAUDULENT OR RECK- LESS CLAIMS.— ‘‘(i) IN GENERAL.—No credit shall be allowed under 

this section for any taxable year in the disallowance 

period. 

‘‘(ii) DISALLOWANCE PERIOD.—For purposes of 

clause (i), the disallowance period is— 

‘‘(I) the period of 10 taxable years after the 

most recent taxable year for which there was a 

final determination that the taxpayer’s claim of 

credit under this section was due to fraud, and 

‘‘(II) the period of 2 taxable years after the 

most recent taxable year for which there was a 

final determination that the taxpayer’s claim of 

credit under this section was due to reckless or 

intentional disregard of rules and regulations (but 

not due to fraud). 

‘‘(B) TAXPAYERS MAKING IMPROPER PRIOR CLAIMS.—In 

the case of a taxpayer who is denied credit under this 

section for any taxable year as a result of the deficiency 

procedures under subchapter B of chapter 63, no credit 

shall be allowed under this section for any subsequent 

taxable year unless the taxpayer provides such information 

as the Secretary may require to demonstrate eligibility 

for such credit.’’. 

(b) MATH ERROR AUTHORITY.— 

(1) EARNED INCOME TAX CREDIT.—Section 6213(g)(2)(K) is 

amended by inserting before the comma at the end the following: ‘‘or an entry on the return claiming the credit under 

section 32 for a taxable year for which the credit is disallowed 

under subsection (k)(1) thereof’’. 

(2) AMERICAN OPPORTUNITY TAX CREDIT AND CHILD TAX

CREDIT.—Section 6213(g)(2), as amended by the preceding provisions of this Act, is amended by striking ‘‘and’’ at the end 

of subparagraph (N), by striking the period at the end of 

subparagraph (O), and by inserting after subparagraph (O) 

the following new subparagraphs: 

‘‘(P) an omission of information required by section 

24(h)(2) or an entry on the return claiming the credit 

under section 24 for a taxable year for which the credit 

is disallowed under subsection (h)(1) thereof, and 

‘‘(Q) an omission of information required by section 

25A(i)(8)(B) or an entry on the return claiming the credit 

determined under section 25A(i) for a taxable year for 

which the credit is disallowed under paragraph (8)(A) 

thereof.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to taxable years beginning after December 31, 2015. 

SEC. 209. TREATMENT OF CREDITS FOR PURPOSES OF CERTAIN PENALTIES. 

(a) APPLICATION OF UNDERPAYMENT PENALTIES.—Section 

6664(a) is amended by adding at the end the following: ‘‘A rule 

similar to the rule of section 6211(b)(4) shall apply for purposes 

of this subsection.’’. 

(b) PENALTY FOR ERRONEOUS CLAIM OF CREDIT MADE

26 USC 6676. APPLICABLE TO EARNED INCOME CREDIT.—Section 6676(a) is 

26 USC 6664. 

26 USC 24 note. 

26 USC 6213. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3085 

amended by striking ‘‘(other than a claim for a refund or credit 

relating to the earned income credit under section 32)’’. 

(c) REASONABLE CAUSE EXCEPTION FOR ERRONEOUS CLAIM FOR

REFUND OR CREDIT.— 

(1) IN GENERAL.—Section 6676(a) is amended by striking 

‘‘has a reasonable basis’’ and inserting ‘‘is due to reasonable 

cause’’. 

(2) NONECONOMIC SUBSTANCE TRANSACTIONS.—Section 

6676(c) is amended by striking ‘‘having a reasonable basis’’ 

and inserting ‘‘due to reasonable cause’’. 

(d) EFFECTIVE DATES.— 

(1) UNDERPAYMENT PENALTIES.—The amendment made by 

subsection (a) shall apply to— 

(A) returns filed after the date of the enactment of 

this Act, and 

(B) returns filed on or before such date if the period 

specified in section 6501 of the Internal Revenue Code 

of 1986 for assessment of the taxes with respect to which 

such return relates has not expired as of such date. 

(2) PENALTY FOR ERRONEOUS CLAIM OF CREDIT.—The 

amendment made by subsection (b) shall apply to claims filed 

after the date of the enactment of this Act. 

SEC. 210. INCREASE THE PENALTY APPLICABLE TO PAID TAX PREPARERS WHO ENGAGE IN WILLFUL OR RECKLESS CONDUCT. 

(a) IN GENERAL.—Section 6694(b)(1)(B) is amended by striking 

‘‘50 percent’’ and inserting ‘‘75 percent’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to returns prepared for taxable years ending after 

the date of the enactment of this Act. 

SEC. 211. EMPLOYER IDENTIFICATION NUMBER REQUIRED FOR AMERICAN OPPORTUNITY TAX CREDIT. 

(a) IN GENERAL.—Section 25A(i)(6), as added by this Act, is 

amended by adding at the end the following new subparagraph: 

‘‘(C) INSTITUTION.—No Hope Scholarship Credit shall 

be allowed under this section unless the taxpayer includes 

the employer identification number of any institution to 

which qualified tuition and related expenses were paid 

with respect to the individual.’’. 

(b) INFORMATION REPORTING.—Section 6050S(b)(2) is amended 

by striking ‘‘and’’ at the end of subparagraph (B), by redesignating 

subparagraph (C) as subparagraph (D), and by inserting after 

subparagraph (B) the following new subparagraph: 

‘‘(C) the employer identification number of the institution, and’’. 

(c) EFFECTIVE DATE.— 

(1) SUBSECTION (a).—The amendments made by subsection 

(a) shall apply to taxable years beginning after December 31, 

2015. 

(2) SUBSECTION (b).—The amendments made by subsection 

(b) shall apply to expenses paid after December 31, 2015, for 

education furnished in academic periods beginning after such 

date. 

26 USC 6050S 

note. 

26 USC 25A note. 

26 USC 25A. 

26 USC 6694 

note. 

26 USC 6694. 

26 USC 6676 

note. 

26 USC 6664 

note. 

26 USC 6676. 


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129 STAT. 3086 PUBLIC LAW 114–113—DEC. 18, 2015 

SEC. 212. HIGHER EDUCATION INFORMATION REPORTING ONLY TO 

INCLUDE QUALIFIED TUITION AND RELATED EXPENSES 

ACTUALLY PAID. 

(a) IN GENERAL.—Section 6050S(b)(2)(B)(i) is amended by 

striking ‘‘or the aggregate amount billed’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(b) shall apply to expenses paid after December 31, 2015, for education furnished in academic periods beginning after such date. 

TITLE III—MISCELLANEOUS 

PROVISIONS 

Subtitle A—Family Tax Relief 

SEC. 301. EXCLUSION FOR AMOUNTS RECEIVED UNDER THE WORK 

COLLEGES PROGRAM. 

(a) IN GENERAL.—Paragraph (2) of section 117(c) is amended 

by striking ‘‘or’’ at the end of subparagraph (A), by striking the 

period at the end of subparagraph (B) and inserting ‘‘, or’’, and 

by adding at the end the following new subparagraph: 

‘‘(C) a comprehensive student work-learning-service 

program (as defined in section 448(e) of the Higher Education Act of 1965) operated by a work college (as defined 

in such section).’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply to amounts received in taxable years beginning after 

the date of the enactment of this Act. 

SEC. 302. IMPROVEMENTS TO SECTION 529 ACCOUNTS. 

(a) COMPUTER TECHNOLOGY AND EQUIPMENT PERMANENTLY

ALLOWED AS A QUALIFIED HIGHER EDUCATION EXPENSE FOR SECTION 529 ACCOUNTS.— 

(1) IN GENERAL.—Section 529(e)(3)(A)(iii) is amended to 

read as follows: 

‘‘(iii) expenses for the purchase of computer or 

peripheral equipment (as defined in section 

168(i)(2)(B)), computer software (as defined in section 

197(e)(3)(B)), or Internet access and related services, 

if such equipment, software, or services are to be used 

primarily by the beneficiary during any of the years 

the beneficiary is enrolled at an eligible educational 

institution.’’. 

(2) EFFECTIVE DATE.—The amendment made by this subsection shall apply to taxable years beginning after December 

31, 2014. 

(b) ELIMINATION OF DISTRIBUTION AGGREGATION REQUIREMENTS.— 

(1) IN GENERAL.—Section 529(c)(3) is amended by striking 

subparagraph (D). 

(2) EFFECTIVE DATE.—The amendment made by this subsection shall apply to distributions after December 31, 2014. 

(c) RECONTRIBUTION OF REFUNDED AMOUNTS.— 

(1) IN GENERAL.—Section 529(c)(3), as amended by subsection (b), is amended by adding at the end the following 

new subparagraph: 

26 USC 529 note. 

26 USC 529 note. 

26 USC 529. 

26 USC 117 note. 

26 USC 117. 

26 USC 6050S 

note. 

26 USC 6050S. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3087 

‘‘(D) SPECIAL RULE FOR CONTRIBUTIONS OF REFUNDED

AMOUNTS.—In the case of a beneficiary who receives a 

refund of any qualified higher education expenses from 

an eligible educational institution, subparagraph (A) shall 

not apply to that portion of any distribution for the taxable 

year which is recontributed to a qualified tuition program 

of which such individual is a beneficiary, but only to the 

extent such recontribution is made not later than 60 days 

after the date of such refund and does not exceed the 

refunded amount.’’. 

(2) EFFECTIVE DATE.— (A) IN GENERAL.—The amendment made by this subsection shall apply with respect to refunds of qualified 

higher education expenses after December 31, 2014. 

(B) TRANSITION RULE.—In the case of a refund of qualified higher education expenses received after December 

31, 2014, and before the date of the enactment of this 

Act, section 529(c)(3)(D) of the Internal Revenue Code of 

1986 (as added by this subsection) shall be applied by 

substituting ‘‘not later than 60 days after the date of the 

enactment of this subparagraph’’ for ‘‘not later than 60 

days after the date of such refund’’. 

SEC. 303. ELIMINATION OF RESIDENCY REQUIREMENT FOR QUALIFIED 

ABLE PROGRAMS. 

(a) IN GENERAL.—Section 529A(b)(1) is amended by striking 

subparagraph (C), by inserting ‘‘and’’ at the end of subparagraph 

(B), and by redesignating subparagraph (D) as subparagraph (C). 

(b) CONFORMING AMENDMENTS.— 

(1) The second sentence of section 529A(d)(3) is amended 

by striking ‘‘and State of residence’’. 

(2) Section 529A(e) is amended by striking paragraph (7). 

(c) TECHNICAL AMENDMENTS.— 

(1) Section 529A(d)(4) is amended by striking ‘‘section 4’’ 

and inserting ‘‘section 103’’. 

(2) Section 529A(c)(1)(C)(i) is amended by striking ‘‘family 

member’’ and inserting ‘‘member of the family’’. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall apply to taxable years beginning after December 31, 2014. 

SEC. 304. EXCLUSION FOR WRONGFULLY INCARCERATED INDIVIDUALS. 

(a) IN GENERAL.—Part III of subchapter B of chapter 1 is 

amended by inserting before section 140 the following new section: 

‘‘SEC. 139F. CERTAIN AMOUNTS RECEIVED BY WRONGFULLY INCARCERATED INDIVIDUALS. 

‘‘(a) EXCLUSION FROM GROSS INCOME.—In the case of any 

wrongfully incarcerated individual, gross income shall not include 

any civil damages, restitution, or other monetary award (including 

compensatory or statutory damages and restitution imposed in a 

criminal matter) relating to the incarceration of such individual 

for the covered offense for which such individual was convicted. 

‘‘(b) WRONGFULLY INCARCERATED INDIVIDUAL.—For purposes of 

this section, the term ‘wrongfully incarcerated individual’ means 

an individual— 

‘‘(1) who was convicted of a covered offense, 

26 USC 139F. 

26 USC 529A 

note. 

26 USC 529A. 

26 USC 529 note. 


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129 STAT. 3088 PUBLIC LAW 114–113—DEC. 18, 2015 

‘‘(2) who served all or part of a sentence of imprisonment 

relating to that covered offense, and 

‘‘(3)(A) who was pardoned, granted clemency, or granted 

amnesty for that covered offense because that individual was 

innocent of that covered offense, or 

‘‘(B)(i) for whom the judgment of conviction for that covered 

offense was reversed or vacated, and 

‘‘(ii) for whom the indictment, information, or other accusatory instrument for that covered offense was dismissed or who 

was found not guilty at a new trial after the judgment of 

conviction for that covered offense was reversed or vacated. 

‘‘(c) COVERED OFFENSE.—For purposes of this section, the term 

‘covered offense’ means any criminal offense under Federal or State 

law, and includes any criminal offense arising from the same course 

of conduct as that criminal offense.’’. 

(b) CONFORMING AMENDMENT.—The table of sections for part 

III of subchapter B of chapter 1 is amended by inserting after 

the item relating to section 139E the following new item: 

‘‘Sec. 139F. Certain amounts received by wrongfully incarcerated individuals.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to taxable years beginning before, on, or after the 

date of the enactment of this Act. 

(d) WAIVER OF LIMITATIONS.—If the credit or refund of any 

overpayment of tax resulting from the application of this Act to 

a period before the date of enactment of this Act is prevented 

as of such date by the operation of any law or rule of law (including 

res judicata), such credit or refund may nevertheless be allowed 

or made if the claim therefor is filed before the close of the 1- 

year period beginning on the date of the enactment of this Act. 

SEC. 305. CLARIFICATION OF SPECIAL RULE FOR CERTAIN GOVERNMENTAL PLANS. 

(a) IN GENERAL.—Paragraph (1) of section 105(j) is amended— 

(1) by striking ‘‘the taxpayer’’ and inserting ‘‘a qualified 

taxpayer’’, and 

(2) by striking ‘‘deceased plan participant’s beneficiary’’ 

and inserting ‘‘deceased employee’s beneficiary (other than an 

individual described in paragraph (3)(B))’’. 

(b) QUALIFIED TAXPAYER.—Subsection (j) of section 105 is 

amended by adding at the end the following new paragraph: 

‘‘(3) QUALIFIED TAXPAYER.—For purposes of paragraph (1), 

with respect to an accident or health plan described in paragraph (2), the term ‘qualified taxpayer’ means a taxpayer who 

is— 

‘‘(A) an employee, or 

‘‘(B) the spouse, dependent (as defined for purposes 

of subsection (b)), or child (as defined for purposes of such 

subsection) of an employee.’’. 

(c) APPLICATION TO POLITICAL SUBDIVISIONS OF STATES.—Paragraph (2) of section 105(j) is amended— 

(1) by inserting ‘‘or established by or on behalf of a State 

or political subdivision thereof’’ after ‘‘public retirement 

system’’, and 

(2) by inserting ‘‘or 501(c)(9)’’ after ‘‘section 115’’ in subparagraph (B). 

26 USC 105. 

26 USC 139F 

note. 

26 USC 139F 

note. 

26 USC 

101 prec. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3089 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall apply to payments after the date of the enactment of this 

Act. 

SEC. 306. ROLLOVERS PERMITTED FROM OTHER RETIREMENT PLANS 

INTO SIMPLE RETIREMENT ACCOUNTS. 

(a) IN GENERAL.—Section 408(p)(1)(B) is amended by inserting 

‘‘except in the case of a rollover contribution described in subsection 

(d)(3)(G) or a rollover contribution otherwise described in subsection 

(d)(3) or in section 402(c), 403(a)(4), 403(b)(8), or 457(e)(16), which 

is made after the 2-year period described in section 72(t)(6),’’ before 

‘‘with respect to which the only contributions allowed’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply to contributions made after the date of the enactment 

of this Act. 

SEC. 307. TECHNICAL AMENDMENT RELATING TO ROLLOVER OF CERTAIN AIRLINE PAYMENT AMOUNTS. 

(a) IN GENERAL.—Section 1106(a) of the FAA Modernization 

and Reform Act of 2012 (26 U.S.C. 408 note) is amended by adding 

at the end the following new paragraph: 

‘‘(6) SPECIAL RULE FOR CERTAIN AIRLINE PAYMENT

AMOUNTS.—In the case of any amount which became an airline 

payment amount by reason of the amendments made by section 

1(b) of Public Law 113–243 (26 U.S.C. 408 note), paragraph 

(1) shall be applied by substituting ‘(or, if later, within the 

period beginning on December 18, 2014, and ending on the 

date which is 180 days after the date of enactment of the 

Protecting Americans from Tax Hikes Act of 2015)’ for ‘(or, 

if later, within 180 days of the date of the enactment of this 

Act)’.’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall take effect as if included in Public Law 113–243 (26 U.S.C. 

408 note). 

SEC. 308. TREATMENT OF EARLY RETIREMENT DISTRIBUTIONS FOR 

NUCLEAR MATERIALS COURIERS, UNITED STATES CAPITOL POLICE, SUPREME COURT POLICE, AND DIPLOMATIC 

SECURITY SPECIAL AGENTS. 

(a) IN GENERAL.—Section 72(t)(10)(B)(ii), as added by Public 

Law 114–26, is amended by striking ‘‘or any’’ and inserting ‘‘any’’ 

and by inserting before the period at the end the following: ‘‘, 

any nuclear materials courier described in section 8331(27) or 

8401(33) of such title, any member of the United States Capitol 

Police, any member of the Supreme Court Police, or any diplomatic 

security special agent of the Department of State’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply to distributions after December 31, 2015. 

SEC. 309. PREVENTION OF EXTENSION OF TAX COLLECTION PERIOD 

FOR MEMBERS OF THE ARMED FORCES WHO ARE 

HOSPITALIZED AS A RESULT OF COMBAT ZONE INJURIES. 

(a) IN GENERAL.—Section 7508(e) is amended by adding at 

the end the following new paragraph: 

‘‘(3) COLLECTION PERIOD AFTER ASSESSMENT NOT EXTENDED

AS A RESULT OF HOSPITALIZATION.—With respect to any period 

of continuous qualified hospitalization described in subsection 

26 USC 7508. 

26 USC 72 note. 

26 USC 72. 

26 USC 408 note. 

26 USC 408 note. 

26 USC 408. 

26 USC 105 note. 


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129 STAT. 3090 PUBLIC LAW 114–113—DEC. 18, 2015 

(a) and the next 180 days thereafter, subsection (a) shall not 

apply in the application of section 6502.’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to taxes assessed before, on, or after the date of the 

enactment of this Act. 

Subtitle B—Real Estate Investment Trusts 

SEC. 311. RESTRICTION ON TAX-FREE SPINOFFS INVOLVING REITS. 

(a) IN GENERAL.—Section 355 is amended by adding at the 

end the following new subsection: 

‘‘(h) RESTRICTION ON DISTRIBUTIONS INVOLVING REAL ESTATE

INVESTMENT TRUSTS.— 

‘‘(1) IN GENERAL.—This section (and so much of section 

356 as relates to this section) shall not apply to any distribution 

if either the distributing corporation or controlled corporation 

is a real estate investment trust. 

‘‘(2) EXCEPTIONS FOR CERTAIN SPINOFFS.— 

‘‘(A) SPINOFFS OF A REAL ESTATE INVESTMENT TRUST

BY ANOTHER REAL ESTATE INVESTMENT TRUST.—Paragraph 

(1) shall not apply to any distribution if, immediately after 

the distribution, the distributing corporation and the controlled corporation are both real estate investment trusts. 

‘‘(B) SPINOFFS OF CERTAIN TAXABLE REIT SUBSIDIARIES.—Paragraph (1) shall not apply to any distribution 

if— 

‘‘(i) the distributing corporation has been a real 

estate investment trust at all times during the 3-year 

period ending on the date of such distribution, 

‘‘(ii) the controlled corporation has been a taxable 

REIT subsidiary (as defined in section 856(l)) of the 

distributing corporation at all times during such 

period, and 

‘‘(iii) the distributing corporation had control (as 

defined in section 368(c) applied by taking into account 

stock owned directly or indirectly, including through 

one or more corporations or partnerships, by the distributing corporation) of the controlled corporation at 

all times during such period. 

A controlled corporation will be treated as meeting the 

requirements of clauses (ii) and (iii) if the stock of such 

corporation was distributed by a taxable REIT subsidiary 

in a transaction to which this section (or so much of section 

356 as relates to this section) applies and the assets of 

such corporation consist solely of the stock or assets of 

assets held by one or more taxable REIT subsidiaries of 

the distributing corporation meeting the requirements of 

clauses (ii) and (iii). For purposes of clause (iii), control 

of a partnership means ownership of 80 percent of the 

profits interest and 80 percent of the capital interests.’’. 

(b) PREVENTION OF REIT ELECTION FOLLOWING TAX-FREE SPIN

OFF.—Section 856(c) is amended by redesignating paragraph (8) 

as paragraph (9) and by inserting after paragraph (7) the following 

new paragraph: 

26 USC 856. 

26 USC 355. 

26 USC 7508 

note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3091 

‘‘(8) ELECTION AFTER TAX-FREE REORGANIZATION.—If a corporation was a distributing corporation or a controlled corporation (other than a controlled corporation with respect to a 

distribution described in section 355(h)(2)(A)) with respect to 

any distribution to which section 355 (or so much of section 

356 as relates to section 355) applied, such corporation (and 

any successor corporation) shall not be eligible to make any 

election under paragraph (1) for any taxable year beginning 

before the end of the 10-year period beginning on the date 

of such distribution.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to distributions on or after December 7, 2015, but 

shall not apply to any distribution pursuant to a transaction 

described in a ruling request initially submitted to the Internal 

Revenue Service on or before such date, which request has not 

been withdrawn and with respect to which a ruling has not been 

issued or denied in its entirety as of such date. 

SEC. 312. REDUCTION IN PERCENTAGE LIMITATION ON ASSETS OF 

REIT WHICH MAY BE TAXABLE REIT SUBSIDIARIES. 

(a) IN GENERAL.—Section 856(c)(4)(B)(ii) is amended by striking 

‘‘25 percent’’ and inserting ‘‘20 percent’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to taxable years beginning after December 31, 2017. 

SEC. 313. PROHIBITED TRANSACTION SAFE HARBORS. 

(a) ALTERNATIVE 3–YEAR AVERAGING TEST FOR PERCENTAGE

OF ASSETS THAT CAN BE SOLD ANNUALLY.— (1) IN GENERAL.—Clause (iii) of section 857(b)(6)(C) is 

amended by inserting before the semicolon at the end the 

following: ‘‘, or (IV) the trust satisfies the requirements of 

subclause (II) applied by substituting ‘20 percent’ for ‘10 percent’ and the 3-year average adjusted bases percentage for 

the taxable year (as defined in subparagraph (G)) does not 

exceed 10 percent, or (V) the trust satisfies the requirements 

of subclause (III) applied by substituting ‘20 percent’ for ‘10 

percent’ and the 3-year average fair market value percentage 

for the taxable year (as defined in subparagraph (H)) does 

not exceed 10 percent’’. 

(2) 3-YEAR AVERAGE ADJUSTED BASES AND FAIR MARKET

VALUE PERCENTAGES.—Paragraph (6) of section 857(b) is 

amended by redesignating subparagraphs (G) and (H) as subparagraphs (I) and (J), respectively, and by inserting after 

subparagraph (F) the following new subparagraphs: 

‘‘(G) 3-YEAR AVERAGE ADJUSTED BASES PERCENTAGE.— The term ‘3-year average adjusted bases percentage’ means, 

with respect to any taxable year, the ratio (expressed as 

a percentage) of— 

‘‘(i) the aggregate adjusted bases (as determined 

for purposes of computing earnings and profits) of property (other than sales of foreclosure property or sales 

to which section 1033 applies) sold during the 3 taxable 

year period ending with such taxable year, divided 

by 

‘‘(ii) the sum of the aggregate adjusted bases (as 

so determined) of all of the assets of the trust as 

of the beginning of each of the 3 taxable years which 

are part of the period referred to in clause (i). 

26 USC 857. 

26 USC 856 note. 

26 USC 856. 

26 USC 355 note. 


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129 STAT. 3092 PUBLIC LAW 114–113—DEC. 18, 2015 

‘‘(H) 3-YEAR AVERAGE FAIR MARKET VALUE PERCENTAGE.—The term ‘3-year average fair market value percentage’ means, with respect to any taxable year, the ratio 

(expressed as a percentage) of— 

‘‘(i) the fair market value of property (other than 

sales of foreclosure property or sales to which section 

1033 applies) sold during the 3 taxable year period 

ending with such taxable year, divided by 

‘‘(ii) the sum of the fair market value of all of 

the assets of the trust as of the beginning of each 

of the 3 taxable years which are part of the period 

referred to in clause (i).’’. 

(3) CONFORMING AMENDMENTS.—Clause (iv) of section 

857(b)(6)(D) is amended by adding ‘‘or’’ at the end of subclause 

(III) and by adding at the end the following new subclauses: 

‘‘(IV) the trust satisfies the requirements of 

subclause (II) applied by substituting ‘20 percent’ 

for ‘10 percent’ and the 3-year average adjusted 

bases percentage for the taxable year (as defined 

in subparagraph (G)) does not exceed 10 percent, 

or 

‘‘(V) the trust satisfies the requirements of 

subclause (III) applied by substituting ‘20 percent’ 

for ‘10 percent’ and the 3-year average fair market 

value percentage for the taxable year (as defined 

in subparagraph (H)) does not exceed 10 percent,’’. 

(b) APPLICATION OF SAFE HARBORS INDEPENDENT OF DETERMINATION WHETHER REAL ESTATE ASSET IS INVENTORY PROPERTY.— 

(1) IN GENERAL.—Subparagraphs (C) and (D) of section 

857(b)(6) are each amended by striking ‘‘and which is described 

in section 1221(a)(1)’’ in the matter preceding clause (i). 

(2) NO INFERENCE FROM SAFE HARBORS.—Subparagraph (F) 

of section 857(b)(6) is amended to read as follows: 

‘‘(F) NO INFERENCE WITH RESPECT TO TREATMENT AS

INVENTORY PROPERTY.—The determination of whether property is described in section 1221(a)(1) shall be made without 

regard to this paragraph.’’. 

(c) EFFECTIVE DATES.— 

(1) IN GENERAL.—The amendments made by subsection 

(a) shall apply to taxable years beginning after the date of 

the enactment of this Act. 

(2) APPLICATION OF SAFE HARBORS.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), the amendments made by subsection (b) shall take 

effect as if included in section 3051 of the Housing Assistance Tax Act of 2008. 

(B) RETROACTIVE APPLICATION OF NO INFERENCE NOT

APPLICABLE TO CERTAIN TIMBER PROPERTY PREVIOUSLY

TREATED AS NOT INVENTORY PROPERTY.—The amendment 

made by subsection (b)(2) shall not apply to any sale of 

property to which section 857(b)(6)(G) of the Internal Revenue Code of 1986 (as in effect on the day before the 

date of the enactment of this Act) applies. 

26 USC 857 note. 

26 USC 857. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3093 

SEC. 314. REPEAL OF PREFERENTIAL DIVIDEND RULE FOR PUBLICLY 

OFFERED REITS. 

(a) IN GENERAL.—Section 562(c) is amended by inserting ‘‘or 

a publicly offered REIT’’ after ‘‘a publicly offered regulated investment company (as defined in section 67(c)(2)(B))’’. 

(b) PUBLICLY OFFERED REIT.—Section 562(c), as amended by 

subsection (a), is amended— 

(1) by striking ‘‘Except in the case of’’ and inserting the 

following: 

‘‘(1) IN GENERAL.—Except in the case of’’, and 

(2) by adding at the end the following new paragraph: 

‘‘(2) PUBLICLY OFFERED REIT.—For purposes of this subsection, the term ‘publicly offered REIT’ means a real estate 

investment trust which is required to file annual and periodic 

reports with the Securities and Exchange Commission under 

the Securities Exchange Act of 1934.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to distributions in taxable years beginning after 

December 31, 2014. 

SEC. 315. AUTHORITY FOR ALTERNATIVE REMEDIES TO ADDRESS CERTAIN REIT DISTRIBUTION FAILURES. 

(a) IN GENERAL.—Subsection (e) of section 562 is amended— 

(1) by striking ‘‘In the case of a real estate investment 

trust’’ and inserting the following: 

‘‘(1) DETERMINATION OF EARNINGS AND PROFITS FOR PURPOSES OF DIVIDENDS PAID DEDUCTION.—In the case of a real 

estate investment trust’’, and 

(2) by adding at the end the following new paragraph: 

‘‘(2) AUTHORITY TO PROVIDE ALTERNATIVE REMEDIES FOR

CERTAIN FAILURES.—In the case of a failure of a distribution 

by a real estate investment trust to comply with the requirements of subsection (c), the Secretary may provide an appropriate remedy to cure such failure in lieu of not considering 

the distribution to be a dividend for purposes of computing 

the dividends paid deduction if— 

‘‘(A) the Secretary determines that such failure is inadvertent or is due to reasonable cause and not due to willful 

neglect, or 

‘‘(B) such failure is of a type of failure which the 

Secretary has identified for purposes of this paragraph 

as being described in subparagraph (A).’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply to distributions in taxable years beginning after 

December 31, 2015. 

SEC. 316. LIMITATIONS ON DESIGNATION OF DIVIDENDS BY REITS. 

(a) IN GENERAL.—Section 857 is amended by redesignating 

subsection (g) as subsection (h) and by inserting after subsection 

(f) the following new subsection: 

‘‘(g) LIMITATIONS ON DESIGNATION OF DIVIDENDS.— 

‘‘(1) OVERALL LIMITATION.—The aggregate amount of dividends designated by a real estate investment trust under subsections (b)(3)(C) and (c)(2)(A) with respect to any taxable year 

may not exceed the dividends paid by such trust with respect 

to such year. For purposes of the preceding sentence, dividends 

26 USC 857. 

26 USC 562 note. 

26 USC 562 note. 

26 USC 562. 


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129 STAT. 3094 PUBLIC LAW 114–113—DEC. 18, 2015 

paid after the close of the taxable year described in section 

858 shall be treated as paid with respect to such year. 

‘‘(2) PROPORTIONALITY.—The Secretary may prescribe regulations or other guidance requiring the proportionality of the 

designation of particular types of dividends among shares or 

beneficial interests of a real estate investment trust.’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply to distributions in taxable years beginning after 

December 31, 2015. 

SEC. 317. DEBT INSTRUMENTS OF PUBLICLY OFFERED REITS AND 

MORTGAGES TREATED AS REAL ESTATE ASSETS. 

(a) DEBT INSTRUMENTS OF PUBLICLY OFFERED REITS TREATED

AS REAL ESTATE ASSETS.— 

(1) IN GENERAL.—Subparagraph (B) of section 856(c)(5) is 

amended— 

(A) by striking ‘‘and shares’’ and inserting ‘‘, shares’’, 

and 

(B) by inserting ‘‘, and debt instruments issued by 

publicly offered REITs’’ before the period at the end of 

the first sentence. 

(2) INCOME FROM NONQUALIFIED DEBT INSTRUMENTS OF PUBLICLY OFFERED REITS NOT QUALIFIED FOR PURPOSES OF SATISFYING THE 75 PERCENT GROSS INCOME TEST.—Subparagraph (H) 

of section 856(c)(3) is amended by inserting ‘‘(other than a 

nonqualified publicly offered REIT debt instrument)’’ after ‘‘real 

estate asset’’. 

(3) 25 PERCENT ASSET LIMITATION ON HOLDING OF NONQUALIFIED DEBT INSTRUMENTS OF PUBLICLY OFFERED REITS.— 

Subparagraph (B) of section 856(c)(4) is amended by redesignating clause (iii) as clause (iv) and by inserting after clause 

(ii) the following new clause: 

‘‘(iii) not more than 25 percent of the value of 

its total assets is represented by nonqualified publicly 

offered REIT debt instruments, and’’. 

(4) DEFINITIONS RELATED TO DEBT INSTRUMENTS OF PUBLICLY OFFERED REITS.—Paragraph (5) of section 856(c) is 

amended by adding at the end the following new subparagraph: 

‘‘(L) DEFINITIONS RELATED TO DEBT INSTRUMENTS OF

PUBLICLY OFFERED REITS.— 

‘‘(i) PUBLICLY OFFERED REIT.—The term ‘publicly 

offered REIT’ has the meaning given such term by 

section 562(c)(2). 

‘‘(ii) NONQUALIFIED PUBLICLY OFFERED REIT DEBT

INSTRUMENT.—The term ‘nonqualified publicly offered 

REIT debt instrument’ means any real estate asset 

which would cease to be a real estate asset if subparagraph (B) were applied without regard to the reference 

to ‘debt instruments issued by publicly offered REITs’.’’. 

(b) INTERESTS IN MORTGAGES ON INTERESTS IN REAL PROPERTY

TREATED AS REAL ESTATE ASSETS.—Subparagraph (B) of section 

856(c)(5) is amended by inserting ‘‘or on interests in real property’’ 

after ‘‘interests in mortgages on real property’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to taxable years beginning after December 31, 2015. 

26 USC 856 note. 

26 USC 856. 

26 USC 857 note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3095 

SEC. 318. ASSET AND INCOME TEST CLARIFICATION REGARDING 

ANCILLARY PERSONAL PROPERTY. 

(a) IN GENERAL.—Subsection (c) of section 856, as amended 

by the preceding provisions of this Act, is amended by redesignating 

paragraph (9) as paragraph (10) and by inserting after paragraph 

(8) the following new paragraph: 

‘‘(9) SPECIAL RULES FOR CERTAIN PERSONAL PROPERTY

WHICH IS ANCILLARY TO REAL PROPERTY.— 

‘‘(A) CERTAIN PERSONAL PROPERTY LEASED IN CONNECTION WITH REAL PROPERTY.—Personal property shall be 

treated as a real estate asset for purposes of paragraph 

(4)(A) to the extent that rents attributable to such personal 

property are treated as rents from real property under 

subsection (d)(1)(C). 

‘‘(B) CERTAIN PERSONAL PROPERTY MORTGAGED IN

CONNECTION WITH REAL PROPERTY.—In the case of an 

obligation secured by a mortgage on both real property 

and personal property, if the fair market value of such 

personal property does not exceed 15 percent of the total 

fair market value of all such property, such obligation 

shall be treated— 

‘‘(i) for purposes of paragraph (3)(B), as an obligation described therein, and 

‘‘(ii) for purposes of paragraph (4)(A), as a real 

estate asset. 

For purposes of the preceding sentence, the fair market 

value of all such property shall be determined in the same 

manner as the fair market value of real property is determined for purposes of apportioning interest income between 

real property and personal property under paragraph 

(3)(B).’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply to taxable years beginning after December 31, 2015. 

SEC. 319. HEDGING PROVISIONS. 

(a) MODIFICATION TO PERMIT THE TERMINATION OF A HEDGING

TRANSACTION USING AN ADDITIONAL HEDGING INSTRUMENT.— 

Subparagraph (G) of section 856(c)(5) is amended by striking ‘‘and’’ 

at the end of clause (i), by striking the period at the end of 

clause (ii) and inserting ‘‘, and’’, and by adding at the end the 

following new clause: 

‘‘(iii) if— 

‘‘(I) a real estate investment trust enters into 

one or more positions described in clause (i) with 

respect to indebtedness described in clause (i) or 

one or more positions described in clause (ii) with 

respect to property which generates income or gain 

described in paragraph (2) or (3), 

‘‘(II) any portion of such indebtedness is extinguished or any portion of such property is disposed 

of, and 

‘‘(III) in connection with such extinguishment 

or disposition, such trust enters into one or more 

transactions which would be hedging transactions 

described in clause (ii) or (iii) of section 

1221(b)(2)(A) with respect to any position referred 

26 USC 856 note. 

26 USC 856. 


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129 STAT. 3096 PUBLIC LAW 114–113—DEC. 18, 2015 

to in subclause (I) if such position were ordinary 

property, 

any income of such trust from any position referred 

to in subclause (I) and from any transaction referred 

to in subclause (III) (including gain from the termination of any such position or transaction) shall not 

constitute gross income under paragraphs (2) and (3) 

to the extent that such transaction hedges such position.’’. 

(b) IDENTIFICATION REQUIREMENTS.— 

(1) IN GENERAL.—Subparagraph (G) of section 856(c)(5), 

as amended by subsection (a), is amended by striking ‘‘and’’ 

at the end of clause (ii), by striking the period at the end 

of clause (iii) and inserting ‘‘, and’’, and by adding at the 

end the following new clause: 

‘‘(iv) clauses (i), (ii), and (iii) shall not apply with 

respect to any transaction unless such transaction 

satisfies the identification requirement described in 

section 1221(a)(7) (determined after taking into account 

any curative provisions provided under the regulations 

referred to therein).’’. 

(2) CONFORMING AMENDMENTS.—Subparagraph (G) of section 856(c)(5) is amended— 

(A) by striking ‘‘which is clearly identified pursuant 

to section 1221(a)(7)’’ in clause (i), and 

(B) by striking ‘‘, but only if such transaction is clearly 

identified as such before the close of the day on which 

it was acquired, originated, or entered into (or such other 

time as the Secretary may prescribe)’’ in clause (ii). 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to taxable years beginning after December 31, 2015. 

SEC. 320. MODIFICATION OF REIT EARNINGS AND PROFITS CALCULATION TO AVOID DUPLICATE TAXATION. 

(a) EARNINGS AND PROFITS NOT INCREASED BY AMOUNTS

ALLOWED IN COMPUTING TAXABLE INCOME IN PRIOR YEARS.—Section 

857(d) is amended— 

(1) by amending paragraph (1) to read as follows: 

‘‘(1) IN GENERAL.—The earnings and profits of a real estate 

investment trust for any taxable year (but not its accumulated 

earnings) shall not be reduced by any amount which— 

‘‘(A) is not allowable in computing its taxable income 

for such taxable year, and 

‘‘(B) was not allowable in computing its taxable income 

for any prior taxable year.’’, and 

(2) by adding at the end the following new paragraphs: 

‘‘(4) REAL ESTATE INVESTMENT TRUST.—For purposes of this 

subsection, the term ‘real estate investment trust’ includes 

a domestic corporation, trust, or association which is a real 

estate investment trust determined without regard to the 

requirements of subsection (a). 

‘‘(5) SPECIAL RULES FOR DETERMINING EARNINGS AND

PROFITS FOR PURPOSES OF THE DEDUCTION FOR DIVIDENDS

PAID.—For special rules for determining the earnings and 

profits of a real estate investment trust for purposes of the 

deduction for dividends paid, see section 562(e)(1).’’. 

26 USC 857. 

26 USC 856 note. 

26 USC 856. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3097 

(b) EXCEPTION FOR PURPOSES OF DETERMINING DIVIDENDS PAID

DEDUCTION.—Section 562(e)(1), as amended by the preceding provisions of this Act, is amended by striking ‘‘deduction, the earnings’’ 

and all that follows and inserting the following: ‘‘deduction— 

‘‘(A) the earnings and profits of such trust for any 

taxable year (but not its accumulated earnings) shall be 

increased by the amount of gain (if any) on the sale or 

exchange of real property which is taken into account in 

determining the taxable income of such trust for such taxable year (and not otherwise taken into account in determining such earnings and profits), and 

‘‘(B) section 857(d)(1) shall be applied without regard 

to subparagraph (B) thereof.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to taxable years beginning after December 31, 2015. 

SEC. 321. TREATMENT OF CERTAIN SERVICES PROVIDED BY TAXABLE 

REIT SUBSIDIARIES. 

(a) TAXABLE REIT SUBSIDIARIES TREATED IN SAME MANNER

AS INDEPENDENT CONTRACTORS FOR CERTAIN PURPOSES.— 

(1) MARKETING AND DEVELOPMENT EXPENSES UNDER RENTAL

PROPERTY SAFE HARBOR.—Clause (v) of section 857(b)(6)(C) is 

amended by inserting ‘‘or a taxable REIT subsidiary’’ before 

the period at the end. 

(2) MARKETING EXPENSES UNDER TIMBER SAFE HARBOR.— 

Clause (v) of section 857(b)(6)(D) is amended by striking ‘‘, 

in the case of a sale on or before the termination date,’’. 

(3) FORECLOSURE PROPERTY GRACE PERIOD.—Subparagraph 

(C) of section 856(e)(4) is amended by inserting ‘‘or through 

a taxable REIT subsidiary’’ after ‘‘receive any income’’. 

(b) TAX ON REDETERMINED TRS SERVICE INCOME.— 

(1) IN GENERAL.—Subparagraph (A) of section 857(b)(7) 

is amended by striking ‘‘and excess interest’’ and inserting 

‘‘excess interest, and redetermined TRS service income’’. 

(2) REDETERMINED TRS SERVICE INCOME.—Paragraph (7) 

of section 857(b) is amended by redesignating subparagraphs 

(E) and (F) as subparagraphs (F) and (G), respectively, and 

inserting after subparagraph (D) the following new subparagraph: 

‘‘(E) REDETERMINED TRS SERVICE INCOME.— 

‘‘(i) IN GENERAL.—The term ‘redetermined TRS 

service income’ means gross income of a taxable REIT 

subsidiary of a real estate investment trust attributable to services provided to, or on behalf of, such 

trust (less deductions properly allocable thereto) to 

the extent the amount of such income (less such deductions) would (but for subparagraph (F)) be increased 

on distribution, apportionment, or allocation under section 482. 

‘‘(ii) COORDINATION WITH REDETERMINED RENTS.— 

Clause (i) shall not apply with respect to gross income 

attributable to services furnished or rendered to a tenant of the real estate investment trust (or to deductions 

properly allocable thereto).’’. 

(3) CONFORMING AMENDMENTS.—Subparagraphs (B)(i) and 

(C) of section 857(b)(7) are each amended by striking ‘‘subparagraph (E)’’ and inserting ‘‘subparagraph (F)’’. 

26 USC 856. 

26 USC 857. 

26 USC 562 note. 

26 USC 562. 


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129 STAT. 3098 PUBLIC LAW 114–113—DEC. 18, 2015 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to taxable years beginning after December 31, 2015. 

SEC. 322. EXCEPTION FROM FIRPTA FOR CERTAIN STOCK OF REITS. 

(a) MODIFICATIONS OF OWNERSHIP RULES.— (1) IN GENERAL.—Section 897 is amended by adding at 

the end the following new subsection: 

‘‘(k) SPECIAL RULES RELATING TO REAL ESTATE INVESTMENT

TRUSTS.— 

‘‘(1) INCREASE IN PERCENTAGE OWNERSHIP FOR EXCEPTIONS

FOR PERSONS HOLDING PUBLICLY TRADED STOCK.— ‘‘(A) DISPOSITIONS.—In the case of any disposition of 

stock in a real estate investment trust, paragraphs (3) 

and (6)(C) of subsection (c) shall each be applied by substituting ‘more than 10 percent’ for ‘more than 5 percent’. 

‘‘(B) DISTRIBUTIONS.—In the case of any distribution 

from a real estate investment trust, subsection (h)(1) shall 

be applied by substituting ‘10 percent’ for ‘5 percent’. 

‘‘(2) STOCK HELD BY QUALIFIED SHAREHOLDERS NOT TREATED

AS USRPI.— 

‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B)— 

‘‘(i) stock of a real estate investment trust which 

is held directly (or indirectly through 1 or more partnerships) by a qualified shareholder shall not be 

treated as a United States real property interest, and 

‘‘(ii) notwithstanding subsection (h)(1), any distribution to a qualified shareholder shall not be treated 

as gain recognized from the sale or exchange of a 

United States real property interest to the extent the 

stock of the real estate investment trust held by such 

qualified shareholder is not treated as a United States 

real property interest under clause (i). 

‘‘(B) EXCEPTION.—In the case of a qualified shareholder 

with 1 or more applicable investors— 

‘‘(i) subparagraph (A)(i) shall not apply to so much 

of the stock of a real estate investment trust held 

by a qualified shareholder as bears the same ratio 

to the value of the interests (other than interests held 

solely as a creditor) held by such applicable investors 

in the qualified shareholder bears to value of all 

interests (other than interests held solely as a creditor) 

in the qualified shareholder, and 

‘‘(ii) a percentage equal to the ratio determined 

under clause (i) of the amounts realized by the qualified 

shareholder with respect to any disposition of stock 

in the real estate investment trust or with respect 

to any distribution from the real estate investment 

trust attributable to gain from sales or exchanges of 

a United States real property interest shall be treated 

as amounts realized from the disposition of United 

States real property interests. 

‘‘(C) SPECIAL RULE FOR CERTAIN DISTRIBUTIONS

TREATED AS SALE OR EXCHANGE.—If a distribution by a 

real estate investment trust is treated as a sale or exchange 

of stock under section 301(c)(3), 302, or 331 with respect 

to a qualified shareholder— 

26 USC 897. 

26 USC 856 note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3099 

‘‘(i) in the case of an applicable investor, subparagraph (B) shall apply with respect to such distribution, 

and 

‘‘(ii) in the case of any other person, such distribution shall be treated under section 857(b)(3)(F) as a 

dividend from a real estate investment trust notwithstanding any other provision of this title. 

‘‘(D) APPLICABLE INVESTOR.—For purposes of this paragraph, the term ‘applicable investor’ means, with respect 

to any qualified shareholder holding stock in a real estate 

investment trust, a person (other than a qualified shareholder) which— 

‘‘(i) holds an interest (other than an interest solely 

as a creditor) in such qualified shareholder, and 

‘‘(ii) holds more than 10 percent of the stock of 

such real estate investment trust (whether or not by 

reason of the person’s ownership interest in the qualified shareholder). 

‘‘(E) CONSTRUCTIVE OWNERSHIP RULES.—For purposes 

of subparagraphs (B)(i) and (C) and paragraph (4), the 

constructive ownership rules under subsection (c)(6)(C) 

shall apply. 

‘‘(3) QUALIFIED SHAREHOLDER.—For purposes of this subsection— 

‘‘(A) IN GENERAL.—The term ‘qualified shareholder’ 

means a foreign person which— 

‘‘(i)(I) is eligible for benefits of a comprehensive 

income tax treaty with the United States which 

includes an exchange of information program and the 

principal class of interests of which is listed and regularly traded on 1 or more recognized stock exchanges 

(as defined in such comprehensive income tax treaty), 

or 

‘‘(II) is a foreign partnership that is created or 

organized under foreign law as a limited partnership 

in a jurisdiction that has an agreement for the 

exchange of information with respect to taxes with 

the United States and has a class of limited partnership units which is regularly traded on the New York 

Stock Exchange or Nasdaq Stock Market and such 

class of limited partnership units value is greater than 

50 percent of the value of all the partnership units, 

‘‘(ii) is a qualified collective investment vehicle, 

and 

‘‘(iii) maintains records on the identity of each 

person who, at any time during the foreign person’s 

taxable year, holds directly 5 percent or more of the 

class of interest described in subclause (I) or (II) of 

clause (i), as the case may be. 

‘‘(B) QUALIFIED COLLECTIVE INVESTMENT VEHICLE.—For 

purposes of this subsection, the term ‘qualified collective 

investment vehicle’ means a foreign person— 

‘‘(i) which, under the comprehensive income tax 

treaty described in subparagraph (A)(i), is eligible for 

a reduced rate of withholding with respect to ordinary 

dividends paid by a real estate investment trust even 


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129 STAT. 3100 PUBLIC LAW 114–113—DEC. 18, 2015 

if such person holds more than 10 percent of the stock 

of such real estate investment trust, 

‘‘(ii) which— 

‘‘(I) is a publicly traded partnership (as defined 

in section 7704(b)) to which subsection (a) of section 7704 does not apply, 

‘‘(II) is a withholding foreign partnership for 

purposes of chapters 3, 4, and 61, 

‘‘(III) if such foreign partnership were a United 

States corporation, would be a United States real 

property holding corporation (determined without 

regard to paragraph (1)) at any time during the 

5-year period ending on the date of disposition 

of, or distribution with respect to, such partnership’s interests in a real estate investment trust, 

or 

‘‘(iii) which is designated as a qualified collective 

investment vehicle by the Secretary and is either— 

‘‘(I) fiscally transparent within the meaning 

of section 894, or 

‘‘(II) required to include dividends in its gross 

income, but entitled to a deduction for distributions 

to persons holding interests (other than interests 

solely as a creditor) in such foreign person. 

‘‘(4) PARTNERSHIP ALLOCATIONS.— 

‘‘(A) IN GENERAL.—For the purposes of this subsection, 

in the case of an applicable investor who is a nonresident 

alien individual or a foreign corporation and is a partner 

in a partnership that is a qualified shareholder, if such 

partner’s proportionate share of USRPI gain for the taxable 

year exceeds such partner’s distributive share of USRPI 

gain for the taxable year, then 

‘‘(i) such partner’s distributive share of the amount 

of gain taken into account under subsection (a)(1) by 

the partner for the taxable year (determined without 

regard to this paragraph) shall be increased by the 

amount of such excess, and 

‘‘(ii) such partner’s distributive share of items of 

income or gain for the taxable year that are not treated 

as gain taken into account under subsection (a)(1) 

(determined without regard to this paragraph) shall 

be decreased (but not below zero) by the amount of 

such excess. 

‘‘(B) USRPI GAIN.—For the purposes of this paragraph, 

the term ‘USRPI gain’ means the excess (if any) of— 

‘‘(i) the sum of— 

‘‘(I) any gain recognized from the disposition 

of a United States real property interest, and 

‘‘(II) any distribution by a real estate investment trust that is treated as gain recognized from 

the sale or exchange of a United States real property interest, over 

‘‘(ii) any loss recognized from the disposition of 

a United States real property interest. 

‘‘(C) PROPORTIONATE SHARE OF USRPI GAIN.—For purposes of this paragraph, an applicable investor’s proportionate share of USRPI gain shall be determined on the 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3101 

basis of such investor’s share of partnership items of income 

or gain (excluding gain allocated under section 704(c)), 

whichever results in the largest proportionate share. If 

the investor’s share of partnership items of income or gain 

(excluding gain allocated under section 704(c)) may vary 

during the period such investor is a partner in the partnership, such share shall be the highest share such investor 

may receive.’’. 

(2) CONFORMING AMENDMENTS.— 

(A) Section 897(c)(1)(A) is amended by inserting ‘‘or 

subsection (k)’’ after ‘‘subparagraph (B)’’ in the matter preceding clause (i). 

(B) Section 857(b)(3)(F) is amended by inserting ‘‘or 

subparagraph (A)(ii) or (C) of section 897(k)(2)’’ after 

‘‘897(h)(1)’’. 

(b) DETERMINATION OF DOMESTIC CONTROL.— 

(1) SPECIAL OWNERSHIP RULES.— 

(A) IN GENERAL.—Section 897(h)(4) is amended by 

adding at the end the following new subparagraph: 

‘‘(E) SPECIAL OWNERSHIP RULES.—For purposes of 

determining the holder of stock under subparagraphs (B) 

and (C)— 

‘‘(i) in the case of any class of stock of the qualified 

investment entity which is regularly traded on an 

established securities market in the United States, 

a person holding less than 5 percent of such class 

of stock at all times during the testing period shall 

be treated as a United States person unless the qualified investment entity has actual knowledge that such 

person is not a United States person, 

‘‘(ii) any stock in the qualified investment entity 

held by another qualified investment entity— 

‘‘(I) any class of stock of which is regularly 

traded on an established securities market, or 

‘‘(II) which is a regulated investment company 

which issues redeemable securities (within the 

meaning of section 2 of the Investment Company 

Act of 1940), 

shall be treated as held by a foreign person, except 

that if such other qualified investment entity is domestically controlled (determined after application of this 

subparagraph), such stock shall be treated as held 

by a United States person, and 

‘‘(iii) any stock in the qualified investment entity 

held by any other qualified investment entity not 

described in subclause (I) or (II) of clause (ii) shall 

only be treated as held by a United States person 

in proportion to the stock of such other qualified investment entity which is (or is treated under clause (ii) 

or (iii) as) held by a United States person.’’. 

(B) CONFORMING AMENDMENT.—The heading for paragraph (4) of section 897(h) is amended by inserting ‘‘AND

SPECIAL RULES’’ after ‘‘DEFINITIONS’’. 

(2) TECHNICAL AMENDMENT.—Clause (ii) of section 

897(h)(4)(A) is amended by inserting ‘‘and for purposes of determining whether a real estate investment trust is a domestically 

26 USC 857. 

26 USC 897. 


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129 STAT. 3102 PUBLIC LAW 114–113—DEC. 18, 2015 

controlled qualified investment entity under this subsection’’ 

after ‘‘real estate investment trust’’. 

(c) EFFECTIVE DATES.— 

(1) IN GENERAL.—The amendments made by subsection 

(a) shall take effect on the date of enactment and shall apply 

to— 

(A) any disposition on and after the date of the enactment of this Act, and 

(B) any distribution by a real estate investment trust 

on or after the date of the enactment of this Act which 

is treated as a deduction for a taxable year of such trust 

ending after such date. 

(2) DETERMINATION OF DOMESTIC CONTROL.—The amendments made by subsection (b)(1) shall take effect on the date 

of the enactment of this Act. 

(3) TECHNICAL AMENDMENT.—The amendment made by 

subsection (b)(2) shall take effect on January 1, 2015. 

SEC. 323. EXCEPTION FOR INTERESTS HELD BY FOREIGN RETIREMENT 

OR PENSION FUNDS. 

(a) IN GENERAL.—Section 897, as amended by the preceding 

provisions of this Act, is amended by adding at the end the following 

new subsection: 

‘‘(l) EXCEPTION FOR INTERESTS HELD BY FOREIGN PENSION

FUNDS.— 

‘‘(1) IN GENERAL.—This section shall not apply to any 

United States real property interest held directly (or indirectly 

through 1 or more partnerships) by, or to any distribution 

received from a real estate investment trust by— 

‘‘(A) a qualified foreign pension fund, or 

‘‘(B) any entity all of the interests of which are held 

by a qualified foreign pension fund. 

‘‘(2) QUALIFIED FOREIGN PENSION FUND.—For purposes of 

this subsection, the term ‘qualified foreign pension fund’ means 

any trust, corporation, or other organization or arrangement— 

‘‘(A) which is created or organized under the law of 

a country other than the United States, 

‘‘(B) which is established to provide retirement or pension benefits to participants or beneficiaries that are current or former employees (or persons designated by such 

employees) of one or more employers in consideration for 

services rendered, 

‘‘(C) which does not have a single participant or beneficiary with a right to more than five percent of its assets 

or income, 

‘‘(D) which is subject to government regulation and 

provides annual information reporting about its beneficiaries to the relevant tax authorities in the country in 

which it is established or operates, and 

‘‘(E) with respect to which, under the laws of the 

country in which it is established or operates— 

‘‘(i) contributions to such trust, corporation, 

organization, or arrangement which would otherwise 

be subject to tax under such laws are deductible or 

excluded from the gross income of such entity or taxed 

at a reduced rate, or 

26 USC 897. 

26 USC 897 note. 

26 USC 897 note. 

26 USC 857 note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3103 

‘‘(ii) taxation of any investment income of such 

trust, corporation, organization or arrangement is 

deferred or such income is taxed at a reduced rate. 

‘‘(3) REGULATIONS.—The Secretary shall prescribe such 

regulations as may be necessary or appropriate to carry out 

the purposes of this subsection.’’. 

(b) EXEMPTION FROM WITHHOLDING.—Section 1445(f)(3) is 

amended by striking ‘‘any person’’ and all that follows and inserting 

the following: ‘‘any person other than— 

‘‘(A) a United States person, and 

‘‘(B) except as otherwise provided by the Secretary, 

an entity with respect to which section 897 does not apply 

by reason of subsection (l) thereof.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to dispositions and distributions after the date of the 

enactment of this Act. 

SEC. 324. INCREASE IN RATE OF WITHHOLDING OF TAX ON DISPOSITIONS OF UNITED STATES REAL PROPERTY INTERESTS. 

(a) IN GENERAL.—Subsections (a), (e)(3), (e)(4), and (e)(5) of 

section 1445 are each amended by striking ‘‘10 percent’’ and 

inserting ‘‘15 percent’’. 

(b) EXCEPTION FOR CERTAIN RESIDENCES.—Section 1445(c) is 

amended by adding at the end the following new paragraph: 

‘‘(4) REDUCED RATE OF WITHHOLDING FOR RESIDENCE WHERE

AMOUNT REALIZED DOES NOT EXCEED $1,000,000.—In the case 

of a disposition— 

‘‘(A) of property which is acquired by the transferee 

for use by the transferee as a residence, 

‘‘(B) with respect to which the amount realized for 

such property does not exceed $1,000,000, and 

‘‘(C) to which subsection (b)(5) does not apply, 

subsection (a) shall be applied by substituting ‘10 percent’ 

for ‘15 percent’.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to dispositions after the date which is 60 days after 

the date of the enactment of this Act. 

SEC. 325. INTERESTS IN RICS AND REITS NOT EXCLUDED FROM DEFINITION OF UNITED STATES REAL PROPERTY INTERESTS. 

(a) IN GENERAL.—Section 897(c)(1)(B) is amended by striking 

‘‘and’’ at the end of clause (i), by striking the period at the end 

of clause (ii)(II) and inserting ‘‘, and’’, and by adding at the end 

the following new clause: 

‘‘(iii) neither such corporation nor any predecessor 

of such corporation was a regulated investment company or a real estate investment trust at any time 

during the shorter of the periods described in subparagraph (A)(ii).’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to dispositions on or after the date of the enactment 

of this Act. 

SEC. 326. DIVIDENDS DERIVED FROM RICS AND REITS INELIGIBLE 

FOR DEDUCTION FOR UNITED STATES SOURCE PORTION 

OF DIVIDENDS FROM CERTAIN FOREIGN CORPORATIONS. 

(a) IN GENERAL.—Section 245(a) is amended by adding at the 

end the following new paragraph: 

26 USC 245. 

26 USC 897 note. 

26 USC 897. 

26 USC 1445 

note. 

26 USC 897 note. 

26 USC 1445. 


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129 STAT. 3104 PUBLIC LAW 114–113—DEC. 18, 2015 

‘‘(12) DIVIDENDS DERIVED FROM RICS AND REITS INELIGIBLE

FOR DEDUCTION.—Regulated investment companies and real 

estate investment trusts shall not be treated as domestic corporations for purposes of paragraph (5)(B).’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to dividends received from regulated investment companies and real estate investment trusts on or after the date of 

the enactment of this Act. 

(c) NO INFERENCE.—Nothing contained in this section or the 

amendments made by this section shall be construed to create 

any inference with respect to the proper treatment under section 

245 of the Internal Revenue Code of 1986 of dividends received 

from regulated investment companies or real estate investment 

trusts before the date of the enactment of this Act. 

Subtitle C—Additional Provisions 

SEC. 331. DEDUCTIBILITY OF CHARITABLE CONTRIBUTIONS TO AGRICULTURAL RESEARCH ORGANIZATIONS. 

(a) IN GENERAL.—Subparagraph (A) of section 170(b)(1) is 

amended by striking ‘‘or’’ at the end of clause (vii), by striking 

the comma at the end of clause (viii) and inserting ‘‘, or’’, and 

by inserting after clause (viii) the following new clause: 

‘‘(ix) an agricultural research organization directly 

engaged in the continuous active conduct of agricultural research (as defined in section 1404 of the Agricultural Research, Extension, and Teaching Policy Act 

of 1977) in conjunction with a land-grant college or 

university (as defined in such section) or a non-land 

grant college of agriculture (as defined in such section), 

and during the calendar year in which the contribution 

is made such organization is committed to spend such 

contribution for such research before January 1 of the 

fifth calendar year which begins after the date such 

contribution is made,’’. 

(b) EXPENDITURES TO INFLUENCE LEGISLATION.—Paragraph (4) 

of section 501(h) is amended by redesignating subparagraphs (E) 

and (F) as subparagraphs (F) and (G), respectively, and by inserting 

after subparagraph (D) the following new subparagraph: 

‘‘(E) section 170(b)(1)(A)(ix) (relating to agricultural 

research organizations),’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to contributions made on and after the date of the 

enactment of this Act. 

SEC. 332. REMOVAL OF BOND REQUIREMENTS AND EXTENDING FILING 

PERIODS FOR CERTAIN TAXPAYERS WITH LIMITED EXCISE 

TAX LIABILITY. 

(a) FILING REQUIREMENTS.—Paragraph (4) of section 5061(d) 

of the Internal Revenue Code of 1986 is amended— 

(1) in subparagraph (A)— 

(A) by striking ‘‘In the case of’’ and inserting the following: 

‘‘(i) MORE THAN $1,000 AND NOT MORE THAN $50,000

IN TAXES.—Except as provided in clause (ii), in the 

case of’’, 

26 USC 5061. 

26 USC 170 note. 

26 USC 501. 

26 USC 170. 

26 USC 245 note. 

26 USC 245 note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3105 

(B) by striking ‘‘under bond for deferred payment’’, 

and 

(C) by adding at the end the following new clause: 

‘‘(ii) NOT MORE THAN $1,000 IN TAXES.—In the case 

of any taxpayer who reasonably expects to be liable 

for not more than $1,000 in taxes imposed with respect 

to distilled spirits, wines, and beer under subparts 

A, C, and D and section 7652 for the calendar year 

and who was liable for not more than $1,000 in such 

taxes in the preceding calendar year, the last day 

for the payment of tax on withdrawals, removals, and 

entries (and articles brought into the United States 

from Puerto Rico) shall be the 14th day after the 

last day of the calendar year.’’, and 

(2) in subparagraph (B)— 

(A) by striking ‘‘Subparagraph (A)’’ and inserting the 

following: 

‘‘(i) EXCEEDS $50,000 LIMIT.—Subparagraph (A)(i)’’, 

and 

(B) by adding at the end the following new clause: 

‘‘(ii) EXCEEDS $1,000 LIMIT.—Subparagraph (A)(ii) 

shall not apply to any taxpayer for any portion of 

the calendar year following the first date on which 

the aggregate amount of tax due under subparts A, 

C, and D and section 7652 from such taxpayer during 

such calendar year exceeds $1,000, and any tax under 

such subparts which has not been paid on such date 

shall be due on the 14th day after the last day of 

the calendar quarter in which such date occurs.’’. 

(b) BOND REQUIREMENTS.— 

(1) IN GENERAL.—Section 5551 of such Code is amended— 

(A) in subsection (a), by striking ‘‘No individual’’ and 

inserting ‘‘Except as provided under subsection (d), no individual’’, and 

(B) by adding at the end the following new subsection: 

‘‘(d) REMOVAL OF BOND REQUIREMENTS.— 

‘‘(1) IN GENERAL.—During any period to which subparagraph (A) of section 5061(d)(4) applies to a taxpayer (determined 

after application of subparagraph (B) thereof), such taxpayer 

shall not be required to furnish any bond covering operations 

or withdrawals of distilled spirits or wines for nonindustrial 

use or of beer. 

‘‘(2) SATISFACTION OF BOND REQUIREMENTS.—Any taxpayer 

for any period described in paragraph (1) shall be treated 

as if sufficient bond has been furnished for purposes of covering 

operations and withdrawals of distilled spirits or wines for 

nonindustrial use or of beer for purposes of any requirements 

relating to bonds under this chapter.’’. 

(2) CONFORMING AMENDMENTS.— 

(A) BONDS FOR DISTILLED SPIRITS PLANTS.—Section 

5173(a) of such Code is amended— 

(i) in paragraph (1), by striking ‘‘No person’’ and 

inserting ‘‘Except as provided under section 5551(d), 

no person’’, and 

(ii) in paragraph (2), by striking ‘‘No distilled 

spirits’’ and inserting ‘‘Except as provided under section 

5551(d), no distilled spirits’’. 

26 USC 5173. 

26 USC 5551. 


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129 STAT. 3106 PUBLIC LAW 114–113—DEC. 18, 2015 

(B) BONDED WINE CELLARS.—Section 5351 of such Code 

is amended— 

(i) by striking ‘‘Any person’’ and inserting the following: 

‘‘(a) IN GENERAL.—Any person’’, 

(ii) by inserting ‘‘, except as provided under section 

5551(d),’’ before ‘‘file bond’’, 

(iii) by striking ‘‘Such premises shall’’ and all that 

follows through the period, and 

(iv) by adding at the end the following new subsection: 

‘‘(b) DEFINITIONS.—For purposes of this chapter— 

‘‘(1) BONDED WINE CELLAR.—The term ‘bonded wine cellar’ 

means any premises described in subsection (a), including any 

such premises established by a taxpayer described in section 

5551(d). 

‘‘(2) BONDED WINERY.—At the discretion of the Secretary, 

any bonded wine cellar that engages in production operations 

may be designated as a ‘bonded winery’.’’. 

(C) BONDS FOR BREWERIES.—Section 5401 of such Code 

is amended by adding at the end the following new subsection: 

‘‘(c) EXCEPTION FROM BOND REQUIREMENTS FOR CERTAIN BREWERIES.—Subsection (b) shall not apply to any taxpayer for any 

period described in section 5551(d).’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to any calendar quarters beginning more than 1 year 

after the date of the enactment of this Act. 

SEC. 333. MODIFICATIONS TO ALTERNATIVE TAX FOR CERTAIN SMALL 

INSURANCE COMPANIES. 

(a) ADDITIONAL REQUIREMENT FOR COMPANIES TO WHICH

ALTERNATIVE TAX APPLIES.— 

(1) ADDED REQUIREMENT.— 

(A) IN GENERAL.—Subparagraph (A) of section 831(b)(2) 

is amended— 

(i) by striking ‘‘(including interinsurers and reciprocal underwriters)’’, and 

(ii) by striking ‘‘and’’ at the end of clause (i), by 

redesignating clause (ii) as clause (iii), and by inserting 

after clause (i) the following new clause: 

‘‘(ii) such company meets the diversification 

requirements of subparagraph (B), and’’. 

(B) DIVERSIFICATION REQUIREMENT.—Paragraph (2) of 

section 831(b) is amended by redesignating subparagraphs 

(B) as subparagraph (C) and by inserting after subparagraph (A) the following new subparagraph: 

‘‘(B) DIVERSIFICATION REQUIREMENTS.— 

‘‘(i) IN GENERAL.—An insurance company meets 

the requirements of this subparagraph if— 

‘‘(I) no more than 20 percent of the net written 

premiums (or, if greater, direct written premiums) 

of such company for the taxable year is attributable to any one policyholder, or 

‘‘(II) such insurance company does not meet 

the requirement of subclause (I) and no person 

who holds (directly or indirectly) an interest in 

26 USC 831. 

26 USC 5061 

note. 

26 USC 5401. 

26 USC 5351. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3107 

such insurance company is a specified holder who 

holds (directly or indirectly) aggregate interests 

in such insurance company which constitute a 

percentage of the entire interests in such insurance 

company which is more than a de minimis percentage higher than the percentage of interests in the 

specified assets with respect to such insurance 

company held (directly or indirectly) by such specified holder. 

‘‘(ii) DEFINITIONS.—For purposes of clause (i)(II)— 

‘‘(I) SPECIFIED HOLDER.—The term ‘specified 

holder’ means, with respect to any insurance company, any individual who holds (directly or 

indirectly) an interest in such insurance company 

and who is a spouse or lineal descendant (including 

by adoption) of an individual who holds an interest 

(directly or indirectly) in the specified assets with 

respect to such insurance company. 

‘‘(II) SPECIFIED ASSETS.—The term ‘specified 

assets’ means, with respect to any insurance company, the trades or businesses, rights, or assets 

with respect to which the net written premiums 

(or direct written premiums) of such insurance 

company are paid. 

‘‘(III) INDIRECT INTEREST.—An indirect interest 

includes any interest held through a trust, estate, 

partnership, or corporation. 

‘‘(IV) DE MINIMIS.—Except as otherwise provided by the Secretary in regulations or other guidance, 2 percentage points or less shall be treated 

as de minimis.’’. 

(C) CONFORMING AMENDMENTS.—The second sentence 

section 831(b)(2)(A) is amended— 

(i) by striking ‘‘clause (ii)’’ and inserting ‘‘clause 

(iii)’’, and 

(ii) by striking ‘‘clause (i)’’ and inserting ‘‘clauses 

(i) and (ii)’’. 

(2) TREATMENT OF RELATED POLICYHOLDERS.—Clause (i) 

of section 831(b)(2)(C), as redesignated by paragraph (1)(B), 

is amended— 

(A) by striking ‘‘For purposes of subparagraph (A), 

in determining’’ and inserting ‘‘For purposes of this paragraph— 

‘‘(I) in determining’’, 

(B) by striking the period at the end and inserting 

‘‘, and’’, and 

(C) by adding at the end the following new subclause: 

‘‘(II) in determining the attribution of premiums to any policyholder under subparagraph 

(B)(i), all policyholders which are related (within 

the meaning of section 267(b) or 707(b)) or are 

members of the same controlled group shall be 

treated as one policyholder.’’. 

(3) REPORTING.—Section 831 is amended by redesignating 

subsection (d) as subsection (e) and by inserting after subsection 

(c) the following new subsection: 

26 USC 831. 


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129 STAT. 3108 PUBLIC LAW 114–113—DEC. 18, 2015 

‘‘(d) REPORTING.—Every insurance company for which an election is in effect under subsection (b) for any taxable year shall 

furnish to the Secretary at such time and in such manner as 

the Secretary shall prescribe such information for such taxable 

year as the Secretary shall require with respect to the requirements 

of subsection (b)(2)(A)(ii).’’. 

(b) INCREASE IN LIMITATION ON PREMIUMS.— 

(1) IN GENERAL.—Clause (i) of section 831(b)(2)(A) is 

amended by striking ‘‘$1,200,000’’ and inserting ‘‘$2,200,000’’. 

(2) INFLATION ADJUSTMENT.—Paragraph (2) of section 

831(b), as amended by subsection (a)(1)(B), is amended by 

adding at the end the following new subparagraph: 

‘‘(D) INFLATION ADJUSTMENT.—In the case of any taxable year beginning in a calendar year after 2015, the 

dollar amount set forth in subparagraph (A)(i) shall be 

increased by an amount equal to— 

‘‘(i) such dollar amount, multiplied by 

‘‘(ii) the cost-of-living adjustment determined 

under section 1(f)(3) for such calendar year by substituting ‘calendar year 2013’ for ‘calendar year 1992’ 

in subparagraph (B) thereof. 

If the amount as adjusted under the preceding sentence 

is not a multiple of $50,000, such amount shall be rounded 

to the next lowest multiple of $50,000.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to taxable years beginning after December 31, 2016. 

SEC. 334. TREATMENT OF TIMBER GAINS. 

(a) IN GENERAL.—Section 1201(b) is amended to read as follows: 

‘‘(b) SPECIAL RATE FOR QUALIFIED TIMBER GAINS.— 

‘‘(1) IN GENERAL.—If, for any taxable year beginning in 

2016, a corporation has both a net capital gain and qualified 

timber gain— 

‘‘(A) subsection (a) shall apply to such corporation for 

the taxable year without regard to whether the applicable 

tax rate exceeds 35 percent, and 

‘‘(B) the tax computed under subsection (a)(2) shall 

be equal to the sum of— 

‘‘(i) 23.8 percent of the least of— 

‘‘(I) qualified timber gain, 

‘‘(II) net capital gain, or 

‘‘(III) taxable income, plus 

‘‘(ii) 35 percent of the excess (if any) of taxable 

income over the sum of the amounts for which a tax 

was determined under subsection (a)(1) and clause (i). 

‘‘(2) QUALIFIED TIMBER GAIN.—For purposes of this section, 

the term ‘qualified timber gain’ means, with respect to any 

taxpayer for any taxable year, the excess (if any) of— 

‘‘(A) the sum of the taxpayer’s gains described in subsections (a) and (b) of section 631 for such year, over 

‘‘(B) the sum of the taxpayer’s losses described in such 

subsections for such year. 

For purposes of subparagraphs (A) and (B), only timber held 

more than 15 years shall be taken into account.’’. 

(b) CONFORMING AMENDMENT.—Section 55(b) is amended by 

striking paragraph (4). 

26 USC 55. 

26 USC 1201. 

26 USC 831 note. 

26 USC 831. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3109 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to taxable years beginning after December 31, 2015. 

SEC. 335. MODIFICATION OF DEFINITION OF HARD CIDER. 

(a) IN GENERAL.—Section 5041 of the Internal Revenue Code 

of 1986 is amended— 

(1) in paragraph (6) of subsection (b), by striking ‘‘which 

is a still wine’’ and all that follows through ‘‘alcohol by volume’’, 

and 

(2) by adding at the end the following new subsection: 

‘‘(g) HARD CIDER.—For purposes of subsection (b)(6), the term 

‘hard cider’ means a wine— 

‘‘(1) containing not more than 0.64 gram of carbon dioxide 

per hundred milliliters of wine, except that the Secretary may 

by regulations prescribe such tolerances to this limitation as 

may be reasonably necessary in good commercial practice, 

‘‘(2) which is derived primarily— 

‘‘(A) from apples or pears, or 

‘‘(B) from— 

‘‘(i) apple juice concentrate or pear juice concentrate, and 

‘‘(ii) water, 

‘‘(3) which contains no fruit product or fruit flavoring other 

than apple or pear, and 

‘‘(4) which contains at least one-half of 1 percent and less 

than 8.5 percent alcohol by volume.’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply to hard cider removed during calendar years beginning 

after December 31, 2016. 

SEC. 336. CHURCH PLAN CLARIFICATION. 

(a) APPLICATION OF CONTROLLED GROUP RULES TO CHURCH

PLANS.— (1) IN GENERAL.—Section 414(c) is amended— 

(A) by striking ‘‘For purposes’’ and inserting the following: 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 

for purposes’’, and 

(B) by adding at the end the following new paragraph: 

‘‘(2) SPECIAL RULES RELATING TO CHURCH PLANS.— ‘‘(A) GENERAL RULE.—Except as provided in subparagraphs (B) and (C), for purposes of this subsection and 

subsection (m), an organization that is otherwise eligible 

to participate in a church plan shall not be aggregated 

with another such organization and treated as a single 

employer with such other organization for a plan year 

beginning in a taxable year unless— 

‘‘(i) one such organization provides (directly or 

indirectly) at least 80 percent of the operating funds 

for the other organization during the preceding taxable 

year of the recipient organization, and 

‘‘(ii) there is a degree of common management 

or supervision between the organizations such that 

the organization providing the operating funds is 

directly involved in the day-to-day operations of the 

other organization. 

‘‘(B) NONQUALIFIED CHURCH-CONTROLLED ORGANIZATIONS.—Notwithstanding subparagraph (A), for purposes 

26 USC 414. 

26 USC 5041 

note. 

26 USC 5041. 

26 USC 55 note. 


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129 STAT. 3110 PUBLIC LAW 114–113—DEC. 18, 2015 

of this subsection and subsection (m), an organization that 

is a nonqualified church-controlled organization shall be 

aggregated with 1 or more other nonqualified church-controlled organizations, or with an organization that is not 

exempt from tax under section 501, and treated as a single 

employer with such other organization, if at least 80 percent of the directors or trustees of such other organization 

are either representatives of, or directly or indirectly controlled by, such nonqualified church-controlled organization. For purposes of this subparagraph, the term ‘nonqualified church-controlled organization’ means a churchcontrolled tax-exempt organization described in section 

501(c)(3) that is not a qualified church-controlled organization (as defined in section 3121(w)(3)(B)). 

‘‘(C) PERMISSIVE AGGREGATION AMONG CHURCH- RELATED ORGANIZATIONS.—The church or convention or 

association of churches with which an organization 

described in subparagraph (A) is associated (within the 

meaning of subsection (e)(3)(D)), or an organization designated by such church or convention or association of 

churches, may elect to treat such organizations as a single 

employer for a plan year. Such election, once made, shall 

apply to all succeeding plan years unless revoked with 

notice provided to the Secretary in such manner as the 

Secretary shall prescribe. 

‘‘(D) PERMISSIVE DISAGGREGATION OF CHURCH-RELATED

ORGANIZATIONS.—For purposes of subparagraph (A), in the 

case of a church plan, an employer may elect to treat 

churches (as defined in section 403(b)(12)(B)) separately 

from entities that are not churches (as so defined), without 

regard to whether such entities maintain separate church 

plans. Such election, once made, shall apply to all succeeding plan years unless revoked with notice provided 

to the Secretary in such manner as the Secretary shall 

prescribe.’’. 

(2) CLARIFICATION RELATING TO APPLICATION OF ANTI-ABUSE

RULE.—The rule of 26 CFR 1.414(c)–5(f) shall continue to apply 

to each paragraph of section 414(c) of the Internal Revenue 

Code of 1986, as amended by paragraph (1). 

(3) EFFECTIVE DATE.—The amendments made by paragraph 

(1) shall apply to years beginning before, on, or after the date 

of the enactment of this Act. 

(b) APPLICATION OF CONTRIBUTION AND FUNDING LIMITATIONS

TO 403(b) GRANDFATHERED DEFINED BENEFIT PLANS.— 

(1) IN GENERAL.—Section 251(e)(5) of the Tax Equity and 

Fiscal Responsibility Act of 1982 (Public Law 97–248), is 

amended— 

(A) by striking ‘‘403(b)(2)’’ and inserting ‘‘403(b)’’, and 

(B) by inserting before the period at the end the following: ‘‘, and shall be subject to the applicable limitations 

of section 415(b) of such Code as if it were a defined 

benefit plan under section 401(a) of such Code (and not 

to the limitations of section 415(c) of such Code).’’. 

(2) EFFECTIVE DATE.—The amendments made by this subsection shall apply to years beginning before, on, or after the 

date of the enactment of this Act. 

26 USC 414 note. (c) AUTOMATIC ENROLLMENT BY CHURCH PLANS.— 

26 USC 403 note. 

26 USC 403 note. 

26 USC 414 note. 

26 USC 414 note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3111 

(1) IN GENERAL.—This subsection shall supersede any law 

of a State that relates to wage, salary, or payroll payment, 

collection, deduction, garnishment, assignment, or withholding 

which would directly or indirectly prohibit or restrict the inclusion in any church plan (as defined in section 414(e) of the 

Internal Revenue Code of 1986) of an automatic contribution 

arrangement. 

(2) DEFINITION OF AUTOMATIC CONTRIBUTION ARRANGE- MENT.—For purposes of this subsection, the term ‘‘automatic 

contribution arrangement’’ means an arrangement— 

(A) under which a participant may elect to have the 

plan sponsor or the employer make payments as contributions under the plan on behalf of the participant, or to 

the participant directly in cash, 

(B) under which a participant is treated as having 

elected to have the plan sponsor or the employer make 

such contributions in an amount equal to a uniform 

percentage of compensation provided under the plan until 

the participant specifically elects not to have such contributions made (or specifically elects to have such contributions 

made at a different percentage), and 

(C) under which the notice and election requirements 

of paragraph (3), and the investment requirements of paragraph (4), are satisfied. 

(3) NOTICE REQUIREMENTS.— 

(A) IN GENERAL.—The plan sponsor of, or plan administrator or employer maintaining, an automatic contribution 

arrangement shall, within a reasonable period before the 

first day of each plan year, provide to each participant 

to whom the arrangement applies for such plan year notice 

of the participant’s rights and obligations under the 

arrangement which— 

(i) is sufficiently accurate and comprehensive to 

apprise the participant of such rights and obligations, 

and 

(ii) is written in a manner calculated to be understood by the average participant to whom the arrangement applies. 

(B) ELECTION REQUIREMENTS.—A notice shall not be 

treated as meeting the requirements of subparagraph (A) 

with respect to a participant unless— 

(i) the notice includes an explanation of the participant’s right under the arrangement not to have elective 

contributions made on the participant’s behalf (or to 

elect to have such contributions made at a different 

percentage), 

(ii) the participant has a reasonable period of time, 

after receipt of the explanation described in clause 

(i) and before the first elective contribution is made, 

to make such election, and 

(iii) the notice explains how contributions made 

under the arrangement will be invested in the absence 

of any investment election by the participant. 

(4) DEFAULT INVESTMENT.—If no affirmative investment 

election has been made with respect to any automatic contribution arrangement, contributions to such arrangement shall be 

invested in a default investment selected with the care, skill, 


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129 STAT. 3112 PUBLIC LAW 114–113—DEC. 18, 2015 

prudence, and diligence that a prudent person selecting an 

investment option would use. 

(5) EFFECTIVE DATE.—This subsection shall take effect on 

the date of the enactment of this Act. 

(d) ALLOW CERTAIN PLAN TRANSFERS AND MERGERS.— 

(1) IN GENERAL.—Section 414 is amended by adding at 

the end the following new subsection: 

‘‘(z) CERTAIN PLAN TRANSFERS AND MERGERS.— 

‘‘(1) IN GENERAL.—Under rules prescribed by the Secretary, 

except as provided in paragraph (2), no amount shall be includible in gross income by reason of— 

‘‘(A) a transfer of all or a portion of the accrued benefit 

of a participant or beneficiary, whether or not vested, from 

a church plan that is a plan described in section 401(a) 

or an annuity contract described in section 403(b) to an 

annuity contract described in section 403(b), if such plan 

and annuity contract are both maintained by the same 

church or convention or association of churches, 

‘‘(B) a transfer of all or a portion of the accrued benefit 

of a participant or beneficiary, whether or not vested, from 

an annuity contract described in section 403(b) to a church 

plan that is a plan described in section 401(a), if such 

plan and annuity contract are both maintained by the 

same church or convention or association of churches, or 

‘‘(C) a merger of a church plan that is a plan described 

in section 401(a), or an annuity contract described in section 403(b), with an annuity contract described in section 

403(b), if such plan and annuity contract are both maintained by the same church or convention or association 

of churches. 

‘‘(2) LIMITATION.—Paragraph (1) shall not apply to a 

transfer or merger unless the participant’s or beneficiary’s total 

accrued benefit immediately after the transfer or merger is 

equal to or greater than the participant’s or beneficiary’s total 

accrued benefit immediately before the transfer or merger, and 

such total accrued benefit is nonforfeitable after the transfer 

or merger. 

‘‘(3) QUALIFICATION.—A plan or annuity contract shall not 

fail to be considered to be described in section 401(a) or 403(b) 

merely because such plan or annuity contract engages in a 

transfer or merger described in this subsection. 

‘‘(4) DEFINITIONS.—For purposes of this subsection— 

‘‘(A) CHURCH OR CONVENTION OR ASSOCIATION OF

CHURCHES.—The term ‘church or convention or association 

of churches’ includes an organization described in subparagraph (A) or (B)(ii) of subsection (e)(3). 

‘‘(B) ANNUITY CONTRACT.—The term ‘annuity contract’ 

includes a custodial account described in section 403(b)(7) 

and a retirement income account described in section 

403(b)(9). 

‘‘(C) ACCRUED BENEFIT.—The term ‘accrued benefit’ 

means— 

‘‘(i) in the case of a defined benefit plan, the 

employee’s accrued benefit determined under the plan, 

and 

26 USC 414. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3113 

‘‘(ii) in the case of a plan other than a defined 

benefit plan, the balance of the employee’s account 

under the plan.’’. 

(2) EFFECTIVE DATE.—The amendment made by this subsection shall apply to transfers or mergers occurring after the 

date of the enactment of this Act. 

(e) INVESTMENTS BY CHURCH PLANS IN COLLECTIVE TRUSTS.— 

(1) IN GENERAL.—In the case of— 

(A) a church plan (as defined in section 414(e) of the 

Internal Revenue Code of 1986), including a plan described 

in section 401(a) of such Code and a retirement income 

account described in section 403(b)(9) of such Code, and 

(B) an organization described in section 414(e)(3)(A) 

of such Code the principal purpose or function of which 

is the administration of such a plan or account, 

the assets of such plan, account, or organization (including 

any assets otherwise permitted to be commingled for investment purposes with the assets of such a plan, account, or 

organization) may be invested in a group trust otherwise 

described in Internal Revenue Service Revenue Ruling 81– 

100 (as modified by Internal Revenue Service Revenue Rulings 

2004–67, 2011–1, and 2014–24), or any subsequent revenue 

ruling that supersedes or modifies such revenue ruling, without 

adversely affecting the tax status of the group trust, such 

plan, account, or organization, or any other plan or trust that 

invests in the group trust. 

(2) EFFECTIVE DATE.—This subsection shall apply to investments made after the date of the enactment of this Act. 

Subtitle D—Revenue Provisions 

SEC. 341. UPDATED ASHRAE STANDARDS FOR ENERGY EFFICIENT 

COMMERCIAL BUILDINGS DEDUCTION. 

(a) IN GENERAL.—Paragraph (1) of section 179D(c) is amended 

by striking ‘‘Standard 90.1–2001’’ each place it appears and 

inserting ‘‘Standard 90.1–2007’’. 

(b) CONFORMING AMENDMENTS.— 

(1) Paragraph (2) of section 179D(c) is amended to read 

as follows: 

‘‘(2) STANDARD 90.1–2007.—The term ‘Standard 90.1–2007’ 

means Standard 90.1–2007 of the American Society of Heating, 

Refrigerating, and Air Conditioning Engineers and the Illuminating Engineering Society of North America (as in effect 

on the day before the date of the adoption of Standard 90.1– 

2010 of such Societies).’’. 

(2) Subsection (f) of section 179D is amended by striking 

‘‘Standard 90.1–2001’’ each place it appears in paragraphs (1) 

and (2)(C)(i) and inserting ‘‘Standard 90.1–2007’’. 

(3) Paragraph (1) of section 179D(f) is amended— 

(A) by striking ‘‘Table 9.3.1.1’’ and inserting ‘‘Table 

9.5.1’’, and 

(B) by striking ‘‘Table 9.3.1.2’’ and inserting ‘‘Table 

9.6.1’’. 

(c) EFFECTIVE DATE.—The amendments made by this subsection 

shall apply to property placed in service after December 31, 2015. 

26 USC 179D 

note. 

26 USC 179D. 

26 USC 414 note. 

26 USC 414 note. 

26 USC 414 note. 


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129 STAT. 3114 PUBLIC LAW 114–113—DEC. 18, 2015 

SEC. 342. EXCISE TAX CREDIT EQUIVALENCY FOR LIQUIFIED PETROLEUM GAS AND LIQUIFIED NATURAL GAS. 

(a) IN GENERAL.—Section 6426 is amended by adding at the 

end the following new subsection: 

‘‘(j) ENERGY EQUIVALENCY DETERMINATIONS FOR LIQUEFIED

PETROLEUM GAS AND LIQUEFIED NATURAL GAS.—For purposes of 

determining any credit under this section, any reference to the 

number of gallons of an alternative fuel or the gasoline gallon 

equivalent of such a fuel shall be treated as a reference to— 

‘‘(1) in the case of liquefied petroleum gas, the energy 

equivalent of a gallon of gasoline, as defined in section 

4041(a)(2)(C), and 

‘‘(2) in the case of liquefied natural gas, the energy equivalent of a gallon of diesel, as defined in section 4041(a)(2)(D).’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply to fuel sold or used after December 31, 2015. 

SEC. 343. EXCLUSION FROM GROSS INCOME OF CERTAIN CLEAN COAL 

POWER GRANTS TO NON-CORPORATE TAXPAYERS. 

(a) GENERAL RULE.—In the case of an eligible taxpayer other 

than a corporation, gross income for purposes of the Internal Revenue Code of 1986 shall not include any amount received under 

section 402 of the Energy Policy Act of 2005. 

(b) REDUCTION IN BASIS.—The basis of any property subject 

to the allowance for depreciation under the Internal Revenue Code 

of 1986 which is acquired with any amount to which subsection 

(a) applies during the 12-month period beginning on the day such 

amount is received shall be reduced by an amount equal to such 

amount. The excess (if any) of such amount over the amount of 

the reduction under the preceding sentence shall be applied to 

the reduction (as of the last day of the period specified in the 

preceding sentence) of the basis of any other property held by 

the taxpayer. The particular properties to which the reductions 

required by this subsection are allocated shall be determined by 

the Secretary of the Treasury (or the Secretary’s delegate) under 

regulations similar to the regulations under section 362(c)(2) of 

such Code. 

(c) LIMITATION TO AMOUNTS WHICH WOULD BE CONTRIBUTIONS

TO CAPITAL.—Subsection (a) shall not apply to any amount unless 

such amount, if received by a corporation, would be excluded from 

gross income under section 118 of the Internal Revenue Code of 

1986. 

(d) ELIGIBLE TAXPAYER.—For purposes of this section, with 

respect to any amount received under section 402 of the Energy 

Policy Act of 2005, the term ‘‘eligible taxpayer’’ means a taxpayer 

that makes a payment to the Secretary of the Treasury (or the 

Secretary’s delegate) equal to 1.18 percent of the amount so 

received. Such payment shall be made at such time and in such 

manner as such Secretary (or the Secretary’s delegate) shall prescribe. In the case of a partnership, such Secretary (or the Secretary’s delegate) shall prescribe regulations to determine the allocation of such payment amount among the partners. 

(e) EFFECTIVE DATE.—This section shall apply to amounts 

received under section 402 of the Energy Policy Act of 2005 in 

taxable years beginning after December 31, 2011. 

26 USC 101 

note prec. 

26 USC 6426 

note. 

26 USC 6426. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3115 

SEC. 344. CLARIFICATION OF VALUATION RULE FOR EARLY TERMINATION OF CERTAIN CHARITABLE REMAINDER 

UNITRUSTS. 

(a) IN GENERAL.—Section 664(e) is amended— 

(1) by adding at the end the following: ‘‘In the case of 

the early termination of a trust which is a charitable remainder 

unitrust by reason of subsection (d)(3), the valuation of interests 

in such trust for purposes of this section shall be made under 

rules similar to the rules of the preceding sentence.’’, and 

(2) by striking ‘‘FOR PURPOSES OF CHARITABLE CONTRIBU- TION’’ in the heading thereof and inserting ‘‘OF INTERESTS’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to terminations of trusts occurring after the date of 

the enactment of this Act. 

SEC. 345. PREVENTION OF TRANSFER OF CERTAIN LOSSES FROM TAX 

INDIFFERENT PARTIES. 

(a) IN GENERAL.—Section 267(d) is amended to read as follows: 

‘‘(d) AMOUNT OF GAIN WHERE LOSS PREVIOUSLY DISALLOWED.— ‘‘(1) IN GENERAL.—If— 

‘‘(A) in the case of a sale or exchange of property 

to the taxpayer a loss sustained by the transferor is not 

allowable to the transferor as a deduction by reason of 

subsection (a)(1), and 

‘‘(B) the taxpayer sells or otherwise disposes of such 

property (or of other property the basis of which in the 

taxpayer’s hands is determined directly or indirectly by 

reference to such property) at a gain, 

then such gain shall be recognized only to the extent that 

it exceeds so much of such loss as is properly allocable to 

the property sold or otherwise disposed of by the taxpayer. 

‘‘(2) EXCEPTION FOR WASH SALES.—Paragraph (1) shall not 

apply if the loss sustained by the transferor is not allowable 

to the transferor as a deduction by reason of section 1091 

(relating to wash sales). 

‘‘(3) EXCEPTION FOR TRANSFERS FROM TAX INDIFFERENT PAR- TIES.—Paragraph (1) shall not apply to the extent any loss 

sustained by the transferor (if allowed) would not be taken 

into account in determining a tax imposed under section 1 

or 11 or a tax computed as provided by either of such sections.’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to sales and other dispositions of property acquired 

after December 31, 2015, by the taxpayer in a sale or exchange 

to which section 267(a)(1) of the Internal Revenue Code of 1986 

applied. 

SEC. 346. TREATMENT OF CERTAIN PERSONS AS EMPLOYERS WITH 

RESPECT TO MOTION PICTURE PROJECTS. 

(a) IN GENERAL.—Chapter 25 (relating to general provisions 

relating to employment taxes) is amended by adding at the end 

the following new section: 

‘‘SEC. 3512. TREATMENT OF CERTAIN PERSONS AS EMPLOYERS WITH 

RESPECT TO MOTION PICTURE PROJECTS. 

‘‘(a) IN GENERAL.—For purposes of sections 3121(a)(1) and 

3306(b)(1), remuneration paid to a motion picture project worker 

by a motion picture project employer during a calendar year shall 

be treated as remuneration paid with respect to employment of 

26 USC 3512. 

26 USC 267 note. 

26 USC 267. 

26 USC 664 note. 

26 USC 664. 


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129 STAT. 3116 PUBLIC LAW 114–113—DEC. 18, 2015 

such worker by such employer during the calendar year. The 

identity of such employer for such purposes shall be determined 

as set forth in this section and without regard to the usual common 

law rules applicable in determining the employer-employee relationship. 

‘‘(b) DEFINITIONS.—For purposes of this section— 

‘‘(1) MOTION PICTURE PROJECT EMPLOYER.—The term 

‘motion picture project employer’ means any person if— 

‘‘(A) such person (directly or through affiliates)— 

‘‘(i) is a party to a written contract covering the 

services of motion picture project workers with respect 

to motion picture projects in the course of a client’s 

trade or business, 

‘‘(ii) is contractually obligated to pay remuneration 

to the motion picture project workers without regard 

to payment or reimbursement by any other person, 

‘‘(iii) controls the payment (within the meaning 

of section 3401(d)(1)) of remuneration to the motion 

picture project workers and pays such remuneration 

from its own account or accounts, 

‘‘(iv) is a signatory to one or more collective bargaining agreements with a labor organization (as 

defined in 29 U.S.C. 152(5)) that represents motion 

picture project workers, and 

‘‘(v) has treated substantially all motion picture 

project workers that such person pays as employees 

and not as independent contractors during such calendar year for purposes of determining employment 

taxes under this subtitle, and 

‘‘(B) at least 80 percent of all remuneration (to which 

section 3121 applies) paid by such person in such calendar 

year is paid to motion picture project workers. 

‘‘(2) MOTION PICTURE PROJECT WORKER.—The term ‘motion 

picture project worker’ means any individual who provides services on motion picture projects for clients who are not affiliated 

with the motion picture project employer. 

‘‘(3) MOTION PICTURE PROJECT.—The term ‘motion picture 

project’ means the production of any property described in 

section 168(f)(3). Such term does not include property with 

respect to which records are required to be maintained under 

section 2257 of title 18, United States Code. 

‘‘(4) AFFILIATE; AFFILIATED.—A person shall be treated as 

an affiliate of, or affiliated with, another person if such persons 

are treated as a single employer under subsection (b) or (c) 

of section 414.’’. 

(b) CLERICAL AMENDMENT.—The table of sections for such 

chapter 25 is amended by adding at the end the following new 

item: 

‘‘Sec. 3512. Treatment of certain persons as employers with respect to motion picture projects.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to remuneration paid after December 31, 2015. 

(d) NO INFERENCE.—Nothing in the amendments made by this 

section shall be construed to create any inference on the law before 

the date of the enactment of this Act. 

26 USC 3512 

note. 

26 USC 3512 

note. 

26 USC 

3501 prec. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3117 

TITLE IV—TAX ADMINISTRATION 

Subtitle A—Internal Revenue Service 

Reforms 

SEC. 401. DUTY TO ENSURE THAT INTERNAL REVENUE SERVICE 

EMPLOYEES ARE FAMILIAR WITH AND ACT IN ACCORD 

WITH CERTAIN TAXPAYER RIGHTS. 

(a) IN GENERAL.—Section 7803(a) is amended by redesignating 

paragraph (3) as paragraph (4) and by inserting after paragraph 

(2) the following new paragraph: 

‘‘(3) EXECUTION OF DUTIES IN ACCORD WITH TAXPAYER

RIGHTS.—In discharging his duties, the Commissioner shall 

ensure that employees of the Internal Revenue Service are 

familiar with and act in accord with taxpayer rights as afforded 

by other provisions of this title, including— 

‘‘(A) the right to be informed, 

‘‘(B) the right to quality service, 

‘‘(C) the right to pay no more than the correct amount 

of tax, 

‘‘(D) the right to challenge the position of the Internal 

Revenue Service and be heard, 

‘‘(E) the right to appeal a decision of the Internal 

Revenue Service in an independent forum, 

‘‘(F) the right to finality, 

‘‘(G) the right to privacy, 

‘‘(H) the right to confidentiality, 

‘‘(I) the right to retain representation, and 

‘‘(J) the right to a fair and just tax system.’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the date of the enactment of this Act. 

SEC. 402. IRS EMPLOYEES PROHIBITED FROM USING PERSONAL EMAIL 

ACCOUNTS FOR OFFICIAL BUSINESS. 

No officer or employee of the Internal Revenue Service may 

use a personal email account to conduct any official business of 

the Government. 

SEC. 403. RELEASE OF INFORMATION REGARDING THE STATUS OF 

CERTAIN INVESTIGATIONS. 

(a) IN GENERAL.—Section 6103(e) is amended by adding at 

the end the following new paragraph: 

‘‘(11) DISCLOSURE OF INFORMATION REGARDING STATUS OF

INVESTIGATION OF VIOLATION OF THIS SECTION.—In the case 

of a person who provides to the Secretary information indicating 

a violation of section 7213, 7213A, or 7214 with respect to 

any return or return information of such person, the Secretary 

may disclose to such person (or such person’s designee)— 

‘‘(A) whether an investigation based on the person’s 

provision of such information has been initiated and 

whether it is open or closed, 

‘‘(B) whether any such investigation substantiated such 

a violation by any individual, and 

‘‘(C) whether any action has been taken with respect 

to such individual (including whether a referral has been 

made for prosecution of such individual).’’. 

26 USC 6103. 

26 USC 7801 

note. 

26 USC 7803 

note. 

26 USC 7803. 


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129 STAT. 3118 PUBLIC LAW 114–113—DEC. 18, 2015 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to disclosures made on or after the date of the enactment 

of this Act. 

SEC. 404. ADMINISTRATIVE APPEAL RELATING TO ADVERSE DETERMINATIONS OF TAX-EXEMPT STATUS OF CERTAIN 

ORGANIZATIONS. 

(a) IN GENERAL.—Section 7123 is amended by adding at the 

end of the following: 

‘‘(c) ADMINISTRATIVE APPEAL RELATING TO ADVERSE DETER- MINATION OF TAX-EXEMPT STATUS OF CERTAIN ORGANIZATIONS.— ‘‘(1) IN GENERAL.—The Secretary shall prescribe procedures 

under which an organization which claims to be described 

in section 501(c) may request an administrative appeal 

(including a conference relating to such appeal if requested 

by the organization) to the Internal Revenue Service Office 

of Appeals of an adverse determination described in paragraph 

(2). 

‘‘(2) ADVERSE DETERMINATIONS.—For purposes of paragraph 

(1), an adverse determination is described in this paragraph 

if such determination is adverse to an organization with respect 

to— 

‘‘(A) the initial qualification or continuing qualification 

of the organization as exempt from tax under section 501(a) 

or as an organization described in section 170(c)(2), 

‘‘(B) the initial classification or continuing classification 

of the organization as a private foundation under section 

509(a), or 

‘‘(C) the initial classification or continuing classification 

of the organization as a private operating foundation under 

section 4942(j)(3).’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall apply to determinations made on or after May 19, 2014. 

SEC. 405. ORGANIZATIONS REQUIRED TO NOTIFY SECRETARY OF 

INTENT TO OPERATE UNDER 501(c)(4). 

(a) IN GENERAL.—Part I of subchapter F of chapter 1 is 

amended by adding at the end the following new section: 

‘‘SEC. 506. ORGANIZATIONS REQUIRED TO NOTIFY SECRETARY OF 

INTENT TO OPERATE UNDER 501(c)(4). 

‘‘(a) IN GENERAL.—An organization described in section 

501(c)(4) shall, not later than 60 days after the organization is 

established, notify the Secretary (in such manner as the Secretary 

shall by regulation prescribe) that it is operating as such. 

‘‘(b) CONTENTS OF NOTICE.—The notice required under subsection (a) shall include the following information: 

‘‘(1) The name, address, and taxpayer identification number 

of the organization. 

‘‘(2) The date on which, and the State under the laws 

of which, the organization was organized. 

‘‘(3) A statement of the purpose of the organization. 

‘‘(c) ACKNOWLEDGMENT OF RECEIPT.—Not later than 60 days 

after receipt of such a notice, the Secretary shall send to the 

organization an acknowledgment of such receipt. 

‘‘(d) EXTENSION FOR REASONABLE CAUSE.—The Secretary may, 

for reasonable cause, extend the 60-day period described in subsection (a). 

25 USC 506. 

26 USC 7123 

note. 

26 USC 7123. 

26 USC 6103 

note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3119 

‘‘(e) USER FEE.—The Secretary shall impose a reasonable user 

fee for submission of the notice under subsection (a). 

‘‘(f) REQUEST FOR DETERMINATION.—Upon request by an 

organization to be treated as an organization described in section 

501(c)(4), the Secretary may issue a determination with respect 

to such treatment. Such request shall be treated for purposes of 

section 6104 as an application for exemption from taxation under 

section 501(a).’’. 

(b) SUPPORTING INFORMATION WITH FIRST RETURN.—Section 

6033(f) is amended— 

(1) by striking the period at the end and inserting ‘‘, and’’, 

(2) by striking ‘‘include on the return required under subsection (a) the information’’ and inserting the following: ‘‘include 

on the return required under subsection (a)— 

‘‘(1) the information’’, and 

(3) by adding at the end the following new paragraph: 

‘‘(2) in the case of the first such return filed by such 

an organization after submitting a notice to the Secretary under 

section 506(a), such information as the Secretary shall by regulation require in support of the organization’s treatment as 

an organization described in section 501(c)(4).’’. 

(c) FAILURE TO FILE INITIAL NOTIFICATION.—Section 6652(c) 

is amended by redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), and (7), respectively, and by inserting after paragraph (3) the following new paragraph: 

‘‘(4) NOTICES UNDER SECTION 506.— 

‘‘(A) PENALTY ON ORGANIZATION.—In the case of a 

failure to submit a notice required under section 506(a) 

(relating to organizations required to notify Secretary of 

intent to operate as 501(c)(4)) on the date and in the 

manner prescribed therefor, there shall be paid by the 

organization failing to so submit $20 for each day during 

which such failure continues, but the total amount imposed 

under this subparagraph on any organization for failure 

to submit any one notice shall not exceed $5,000. 

‘‘(B) MANAGERS.—The Secretary may make written 

demand on an organization subject to penalty under 

subparagraph (A) specifying in such demand a reasonable 

future date by which the notice shall be submitted for 

purposes of this subparagraph. If such notice is not submitted on or before such date, there shall be paid by 

the person failing to so submit $20 for each day after 

the expiration of the time specified in the written demand 

during which such failure continues, but the total amount 

imposed under this subparagraph on all persons for failure 

to submit any one notice shall not exceed $5,000.’’. 

(d) CLERICAL AMENDMENT.—The table of sections for part I 

of subchapter F of chapter 1 is amended by adding at the end 

the following new item: 

‘‘Sec. 506. Organizations required to notify Secretary of intent to operate under 

501(c)(4).’’. 

(e) LIMITATION.—Notwithstanding any other provision of law, 

any fees collected pursuant to section 506(e) of the Internal Revenue 

Code of 1986, as added by subsection (a), shall not be expended 

by the Secretary of the Treasury or the Secretary’s delegate unless 

provided by an appropriations Act. 

26 USC 506 note. 

26 USC 

501 prec. 

26 USC 6652. 

26 USC 6033. 


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129 STAT. 3120 PUBLIC LAW 114–113—DEC. 18, 2015 

(f) EFFECTIVE DATE.— (1) IN GENERAL.—The amendments made by this section 

shall apply to organizations which are described in section 

501(c)(4) of the Internal Revenue Code of 1986 and organized 

after the date of the enactment of this Act. 

(2) CERTAIN EXISTING ORGANIZATIONS.—In the case of any 

other organization described in section 501(c)(4) of such Code, 

the amendments made by this section shall apply to such 

organization only if, on or before the date of the enactment 

of this Act— 

(A) such organization has not applied for a written 

determination of recognition as an organization described 

in section 501(c)(4) of such Code, and 

(B) such organization has not filed at least one annual 

return or notice required under subsection (a)(1) or (i) 

(as the case may be) of section 6033 of such Code. 

In the case of any organization to which the amendments 

made by this section apply by reason of the preceding sentence, 

such organization shall submit the notice required by section 

506(a) of such Code, as added by this Act, not later than 

180 days after the date of the enactment of this Act. 

SEC. 406. DECLARATORY JUDGMENTS FOR 501(c)(4) AND OTHER 

EXEMPT ORGANIZATIONS. 

(a) IN GENERAL.—Section 7428(a)(1) is amended by striking 

‘‘or’’ at the end of subparagraph (C) and by inserting after subparagraph (D) the following new subparagraph: 

‘‘(E) with respect to the initial qualification or continuing qualification of an organization as an organization 

described in section 501(c) (other than paragraph (3)) or 

501(d) and exempt from tax under section 501(a), or’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply to pleadings filed after the date of the enactment of 

this Act. 

SEC. 407. TERMINATION OF EMPLOYMENT OF INTERNAL REVENUE 

SERVICE EMPLOYEES FOR TAKING OFFICIAL ACTIONS FOR 

POLITICAL PURPOSES. 

(a) IN GENERAL.—Paragraph (10) of section 1203(b) of the 

Internal Revenue Service Restructuring and Reform Act of 1998 

is amended to read as follows: 

‘‘(10) performing, delaying, or failing to perform (or threatening to perform, delay, or fail to perform) any official action 

(including any audit) with respect to a taxpayer for purpose 

of extracting personal gain or benefit or for a political purpose.’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall take effect on the date of the enactment of this Act. 

SEC. 408. GIFT TAX NOT TO APPLY TO CONTRIBUTIONS TO CERTAIN 

EXEMPT ORGANIZATIONS. 

(a) IN GENERAL.—Section 2501(a) is amended by adding at 

the end the following new paragraph: 

‘‘(6) TRANSFERS TO CERTAIN EXEMPT ORGANIZATIONS.—Paragraph (1) shall not apply to the transfer of money or other 

property to an organization described in paragraph (4), (5), 

or (6) of section 501(c) and exempt from tax under section 

501(a), for the use of such organization.’’. 

26 USC 2501. 

26 USC 7804 

note. 

26 USC 7804 

note. 

26 USC 7428 

note. 

26 USC 7428. 

26 USC 506 note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3121 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall apply to gifts made after the date of the enactment of this 

Act. 

(c) NO INFERENCE.—Nothing in the amendment made by subsection (a) shall be construed to create any inference with respect 

to whether any transfer of property (whether made before, on, 

or after the date of the enactment of this Act) to an organization 

described in paragraph (4), (5), or (6) of section 501(c) of the Internal 

Revenue Code of 1986 is a transfer of property by gift for purposes 

of chapter 12 of such Code. 

SEC. 409. EXTEND INTERNAL REVENUE SERVICE AUTHORITY TO 

REQUIRE TRUNCATED SOCIAL SECURITY NUMBERS ON 

FORM W–2. 

(a) WAGES.—Section 6051(a)(2) is amended by striking ‘‘his 

social security account number’’ and inserting ‘‘an identifying 

number for the employee’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall take effect on the date of the enactment of this Act. 

SEC. 410. CLARIFICATION OF ENROLLED AGENT CREDENTIALS. 

Section 330 of title 31, United States Code, is amended— 

(1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively, and 

(2) by inserting after subsection (a) the following new subsection: 

‘‘(b) Any enrolled agents properly licensed to practice as 

required under rules promulgated under subsection (a) shall be 

allowed to use the credentials or designation of ‘enrolled agent’, 

‘EA’, or ‘E.A.’.’’. 

SEC. 411. PARTNERSHIP AUDIT RULES. 

(a) CORRECTION AND CLARIFICATION TO MODIFICATIONS TO

IMPUTED UNDERPAYMENTS.— 

(1) Section 6225(c)(4)(A)(i) is amended by striking ‘‘in the 

case of ordinary income,’’. 

(2) Section 6225(c) is amended by redesignating paragraphs 

(5) through (7) as paragraphs (6) through (8), respectively, 

and by inserting after paragraph (4) the following new paragraph: 

‘‘(5) CERTAIN PASSIVE LOSSES OF PUBLICLY TRADED PARTNERSHIPS.— 

‘‘(A) IN GENERAL.—In the case of a publicly traded 

partnership (as defined in section 469(k)(2)), such procedures shall provide— 

‘‘(i) for determining the imputed underpayment 

without regard to the portion thereof that the partnership demonstrates is attributable to a net decrease 

in a specified passive activity loss which is allocable 

to a specified partner, and 

‘‘(ii) for the partnership to take such net decrease 

into account as an adjustment in the adjustment year 

with respect to the specified partners to which such 

net decrease relates. 

‘‘(B) SPECIFIED PASSIVE ACTIVITY LOSS.—For purposes 

of this paragraph, the term ‘specified passive activity loss’ 

means, with respect to any specified partner of such publicly traded partnership, the lesser of— 

26 USC 6225. 

26 USC 6051 

note. 

26 USC 6051. 

26 USC 2501 

note. 

26 USC 2501 

note. 


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129 STAT. 3122 PUBLIC LAW 114–113—DEC. 18, 2015 

‘‘(i) the passive activity loss of such partner which 

is separately determined with respect to such partnership under section 469(k) with respect to such partner’s 

taxable year in which or with which the reviewed 

year of such partnership ends, or 

‘‘(ii) such passive activity loss so determined with 

respect to such partner’s taxable year in which or 

with which the adjustment year of such partnership 

ends. 

‘‘(C) SPECIFIED PARTNER.—For purposes of this paragraph, the term ‘specified partner’ means any person if 

such person— 

‘‘(i) is a partner of the publicly traded partnership 

referred to in subparagraph (A), 

‘‘(ii) is described in section 469(a)(2), and 

‘‘(iii) has a specified passive activity loss with 

respect to such publicly traded partnership, 

with respect to each taxable year of such person which 

is during the period beginning with the taxable year of 

such person in which or with which the reviewed year 

of such publicly traded partnership ends and ending with 

the taxable year of such person in which or with which 

the adjustment year of such publicly traded partnership 

ends.’’. 

(b) CORRECTION AND CLARIFICATION TO JUDICIAL REVIEW OF

PARTNERSHIP ADJUSTMENT .— 

(1) Section 6226 is amended by adding at the end the 

following new subsection: 

‘‘(d) JUDICIAL REVIEW.—For the time period within which a 

partnership may file a petition for a readjustment, see section 

6234(a).’’. 

(2) Subsections (a)(3), (b)(1), and (d) of section 6234 are 

each amended by striking ‘‘the Claims Court’’ and inserting 

‘‘the Court of Federal Claims’’. 

(3) The heading for section 6234(b) is amended by striking 

‘‘CLAIMS COURT’’ and inserting ‘‘COURT OF FEDERAL CLAIMS’’. 

(c) CORRECTION AND CLARIFICATION TO PERIOD OF LIMITATIONS

ON MAKING ADJUSTMENTS.— 

(1) Section 6235(a)(2) is amended by striking ‘‘paragraph 

(4)’’ and inserting ‘‘paragraph (7)’’. 

(2) Section 6235(a)(3) is amended by striking ‘‘270 days’’ 

and inserting ‘‘330 days (plus the number of days of any extension consented to by the Secretary under section 6225(c)(7)’’. 

(d) TECHNICAL AMENDMENT.—Section 6031(b) is amended by 

striking the last sentence and inserting the following: ‘‘Except as 

provided in the procedures under section 6225(c), with respect to 

statements under section 6226, or as otherwise provided by the 

Secretary, information required to be furnished by the partnership 

under this subsection may not be amended after the due date 

of the return under subsection (a) to which such information 

relates.’’. 

(e) EFFECTIVE DATE.—The amendments made by this section 

shall take effect as if included in section 1101 of the Bipartisan 

Budget Act of 2015. 

26 USC 6031 

note. 

26 USC 6031. 

26 USC 6235. 

26 USC 6234. 

26 USC 6226. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3123 

Subtitle B—United States Tax Court 

PART 1—TAXPAYER ACCESS TO UNITED 

STATES TAX COURT 

SEC. 421. FILING PERIOD FOR INTEREST ABATEMENT CASES. 

(a) IN GENERAL.—Subsection (h) of section 6404 is amended— 

(1) by striking ‘‘REVIEW OF DENIAL’’ in the heading and 

inserting ‘‘JUDICIAL REVIEW’’, and 

(2) by striking ‘‘if such action is brought’’ and all that 

follows in paragraph (1) and inserting ‘‘if such action is 

brought— 

‘‘(A) at any time after the earlier of— 

‘‘(i) the date of the mailing of the Secretary’s final 

determination not to abate such interest, or 

‘‘(ii) the date which is 180 days after the date 

of the filing with the Secretary (in such form as the 

Secretary may prescribe) of a claim for abatement 

under this section, and 

‘‘(B) not later than the date which is 180 days after 

the date described in subparagraph (A)(i).’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply to claims for abatement of interest filed with the Secretary of the Treasury after the date of the enactment of this 

Act. 

SEC. 422. SMALL TAX CASE ELECTION FOR INTEREST ABATEMENT 

CASES. 

(a) IN GENERAL.—Subsection (f) of section 7463 is amended— 

(1) by striking ‘‘and’’ at the end of paragraph (1), 

(2) by striking the period at the end of paragraph (2) 

and inserting ‘‘, and’’, and 

(3) by adding at the end the following new paragraph: 

‘‘(3) a petition to the Tax Court under section 6404(h) 

in which the amount of the abatement sought does not exceed 

$50,000.’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall apply to cases pending as of the day after the date of the 

enactment of this Act, and cases commenced after such date of 

enactment. 

SEC. 423. VENUE FOR APPEAL OF SPOUSAL RELIEF AND COLLECTION 

CASES. 

(a) IN GENERAL.—Paragraph (1) of section 7482(b) is amended— 

(1) by striking ‘‘or’’ at the end of subparagraph (D), 

(2) by striking the period at the end of subparagraph (E), 

and 

(3) by inserting after subparagraph (E) the following new 

subparagraphs: 

‘‘(F) in the case of a petition under section 6015(e), 

the legal residence of the petitioner, or 

‘‘(G) in the case of a petition under section 6320 or 

6330— 

‘‘(i) the legal residence of the petitioner if the petitioner is an individual, and 

26 USC 7482. 

26 USC 7463 

note. 

26 USC 7463. 

26 USC 6404 

note. 

26 USC 6404. 


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129 STAT. 3124 PUBLIC LAW 114–113—DEC. 18, 2015 

‘‘(ii) the principal place of business or principal 

office or agency if the petitioner is an entity other 

than an individual.’’. 

(b) EFFECTIVE DATE.— (1) IN GENERAL.—The amendments made by this section 

shall apply to petitions filed after the date of enactment of 

this Act. 

(2) EFFECT ON EXISTING PROCEEDINGS.—Nothing in this 

section shall be construed to create any inference with respect 

to the application of section 7482 of the Internal Revenue 

Code of 1986 with respect to court proceedings filed on or 

before the date of the enactment of this Act. 

SEC. 424. SUSPENSION OF RUNNING OF PERIOD FOR FILING PETITION 

OF SPOUSAL RELIEF AND COLLECTION CASES. 

(a) PETITIONS FOR SPOUSAL RELIEF.— (1) IN GENERAL.—Subsection (e) of section 6015 is amended 

by adding at the end the following new paragraph: 

‘‘(6) SUSPENSION OF RUNNING OF PERIOD FOR FILING PETITION IN TITLE 11 CASES.—In the case of a person who is prohibited by reason of a case under title 11, United States Code, 

from filing a petition under paragraph (1)(A) with respect to 

a final determination of relief under this section, the running 

of the period prescribed by such paragraph for filing such 

a petition with respect to such final determination shall be 

suspended for the period during which the person is so prohibited from filing such a petition, and for 60 days thereafter.’’. 

(2) EFFECTIVE DATE.—The amendment made by this subsection shall apply to petitions filed under section 6015(e) of 

the Internal Revenue Code of 1986 after the date of the enactment of this Act. 

(b) COLLECTION PROCEEDINGS.— 

(1) IN GENERAL.—Subsection (d) of section 6330 is 

amended— 

(A) by striking ‘‘appeal such determination to the Tax 

Court’’ in paragraph (1) and inserting ‘‘petition the Tax 

Court for review of such determination’’, 

(B) by striking ‘‘JUDICIAL REVIEW OF DETERMINATION’’ 

in the heading of paragraph (1) and inserting ‘‘PETITION

FOR REVIEW BY TAX COURT’’, 

(C) by redesignating paragraph (2) as paragraph (3), 

and 

(D) by inserting after paragraph (1) the following new 

paragraph: 

‘‘(2) SUSPENSION OF RUNNING OF PERIOD FOR FILING PETITION IN TITLE 11 CASES.—In the case of a person who is prohibited by reason of a case under title 11, United States Code, 

from filing a petition under paragraph (1) with respect to a 

determination under this section, the running of the period 

prescribed by such subsection for filing such a petition with 

respect to such determination shall be suspended for the period 

during which the person is so prohibited from filing such a 

petition, and for 30 days thereafter, and’’. 

(2) EFFECTIVE DATE.—The amendments made by this subsection shall apply to petitions filed under section 6330 of 

the Internal Revenue Code of 1986 after the date of the enactment of this Act. 

26 USC 6330 

note. 

26 USC 6330. 

26 USC 6015 

note. 

26 USC 6015. 

26 USC 7482 

note. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3125 

(c) CONFORMING AMENDMENT.—Subsection (c) of section 6320 

is amended by striking ‘‘(2)(B)’’ and inserting ‘‘(3)(B)’’. 

SEC. 425. APPLICATION OF FEDERAL RULES OF EVIDENCE. 

(a) IN GENERAL.—Section 7453 is amended by striking ‘‘the 

rules of evidence applicable in trials without a jury in the United 

States District Court of the District of Columbia’’ and inserting 

‘‘the Federal Rules of Evidence’’. 

(b) EFFECTIVE DATE.—The amendment made by this section 

shall apply to proceedings commenced after the date of the enactment of this Act and, to the extent that it is just and practicable, 

to all proceedings pending on such date. 

PART 2—UNITED STATES TAX COURT 

ADMINISTRATION 

SEC. 431. JUDICIAL CONDUCT AND DISABILITY PROCEDURES. 

(a) IN GENERAL.—Part II of subchapter C of chapter 76 is 

amended by adding at the end the following new section: 

‘‘SEC. 7466. JUDICIAL CONDUCT AND DISABILITY PROCEDURES. 

‘‘(a) IN GENERAL.—The Tax Court shall prescribe rules, consistent with the provisions of chapter 16 of title 28, United States 

Code, establishing procedures for the filing of complaints with 

respect to the conduct of any judge or special trial judge of the 

Tax Court and for the investigation and resolution of such complaints. In investigating and taking action with respect to any 

such complaint, the Tax Court shall have the powers granted to 

a judicial council under such chapter. 

‘‘(b) JUDICIAL COUNCIL.—The provisions of sections 354(b) 

through 360 of title 28, United States Code, regarding referral 

or certification to, and petition for review in the Judicial Conference 

of the United States, and action thereon, shall apply to the exercise 

by the Tax Court of the powers of a judicial council under subsection 

(a). The determination pursuant to section 354(b) or 355 of title 

28, United States Code, shall be made based on the grounds for 

removal of a judge from office under section 7443(f), and certification 

and transmittal by the Conference of any complaint shall be made 

to the President for consideration under section 7443(f). 

‘‘(c) HEARINGS.— ‘‘(1) IN GENERAL.—In conducting hearings pursuant to subsection (a), the Tax Court may exercise the authority provided 

under section 1821 of title 28, United States Code, to pay 

the fees and allowances described in that section. 

‘‘(2) REIMBURSEMENT FOR EXPENSES.—The Tax Court shall 

have the power provided under section 361 of such title 28 

to award reimbursement for the reasonable expenses described 

in that section. Reimbursements under this paragraph shall 

be made out of any funds appropriated for purposes of the 

Tax Court.’’. 

(b) CLERICAL AMENDMENT.—The table of sections for part II 

of subchapter C of chapter 76 is amended by adding at the end 

the following new item: 

‘‘Sec. 7466. Judicial conduct and disability procedures.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to proceedings commenced after the date which is 180 

26 USC 7466 

note. 

26 USC 

7451 prec. 

26 USC 7466. 

26 USC 7453 

note. 

26 USC 7453. 

26 USC 6320. 


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129 STAT. 3126 PUBLIC LAW 114–113—DEC. 18, 2015 

days after the date of the enactment of this Act and, to the extent 

just and practicable, all proceedings pending on such date. 

SEC. 432. ADMINISTRATION, JUDICIAL CONFERENCE, AND FEES. 

(a) IN GENERAL.—Part III of subchapter C of chapter 76 is 

amended by inserting before section 7471 the following new sections: 

‘‘SEC. 7470. ADMINISTRATION. 

‘‘Notwithstanding any other provision of law, the Tax Court 

may exercise, for purposes of management, administration, and 

expenditure of funds of the Court, the authorities provided for 

such purposes by any provision of law (including any limitation 

with respect to such provision of law) applicable to a court of 

the United States (as that term is defined in section 451 of title 

28, United States Code), except to the extent that such provision 

of law is inconsistent with a provision of this subchapter. 

‘‘SEC. 7470A. JUDICIAL CONFERENCE. 

‘‘(a) JUDICIAL CONFERENCE.—The chief judge may summon the 

judges and special trial judges of the Tax Court to an annual 

judicial conference, at such time and place as the chief judge shall 

designate, for the purpose of considering the business of the Tax 

Court and recommending means of improving the administration 

of justice within the jurisdiction of the Tax Court. The Tax Court 

shall provide by its rules for representation and active participation 

at such conferences by persons admitted to practice before the 

Tax Court and by other persons active in the legal profession. 

‘‘(b) REGISTRATION FEE.—The Tax Court may impose a reasonable registration fee on persons (other than judges and special 

trial judges of the Tax Court) participating at judicial conferences 

convened pursuant to subsection (a). Amounts so received by the 

Tax Court shall be available to the Tax Court to defray the expenses 

of such conferences.’’. 

(b) DISPOSITION OF FEES.—Section 7473 is amended to read 

as follows: 

‘‘SEC. 7473. DISPOSITION OF FEES. 

‘‘Except as provided in sections 7470A and 7475, all fees 

received by the Tax Court pursuant to this title shall be deposited 

into a special fund of the Treasury to be available to offset funds 

appropriated for the operation and maintenance of the Tax Court.’’. 

(c) CLERICAL AMENDMENTS.—The table of sections for part III 

of subchapter C of chapter 76 is amended by inserting before 

the item relating to section 7471 the following new items: 

‘‘Sec. 7470. Administration. 

‘‘Sec. 7470A. Judicial conference.’’. 

PART 3—CLARIFICATION RELATING TO 

UNITED STATES TAX COURT 

SEC. 441. CLARIFICATION RELATING TO UNITED STATES TAX COURT. 

Section 7441 is amended by adding at the end the following: 

‘‘The Tax Court is not an agency of, and shall be independent 

of, the executive branch of the Government.’’. 

26 USC 7441. 

26 USC 

7470 prec. 

26 USC 7470A. 

26 USC 7470. 


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PUBLIC LAW 114–113—DEC. 18, 2015 129 STAT. 3127 

TITLE V—TRADE-RELATED PROVISIONS 

SEC. 501. MODIFICATION OF EFFECTIVE DATE OF PROVISIONS 

RELATING TO TARIFF CLASSIFICATION OF RECREATIONAL 

PERFORMANCE OUTERWEAR. 

Section 601(c) of the Trade Preferences Extension Act of 2015 

(Public Law 114–27; 129 Stat. 412) is amended— 

(1) in paragraph (1), by striking ‘‘the 180th day after the 

date of the enactment of this Act’’ and inserting ‘‘March 31, 

2016’’; and 

(2) in paragraph (2), by striking ‘‘such 180th day’’ and 

inserting ‘‘March 31, 2016’’. 

SEC. 502. AGREEMENT BY ASIA-PACIFIC ECONOMIC COOPERATION 

MEMBERS TO REDUCE RATES OF DUTY ON CERTAIN 

ENVIRONMENTAL GOODS. 

Section 107 of the Bipartisan Congressional Trade Priorities 

and Accountability Act of 2015 (Public Law 114–26; 19 U.S.C. 

4206) is amended by adding at the end the following: 

‘‘(c) AGREEMENT BY ASIA-PACIFIC ECONOMIC COOPERATION MEMBERS TO REDUCE RATES OF DUTY ON CERTAIN ENVIRONMENTAL

GOODS.—Notwithstanding the notification requirement described 

in section 103(a)(2), the President may exercise the proclamation 

authority provided for in section 103(a)(1)(B) to implement an agreement by members of the Asia-Pacific Economic Cooperation (APEC) 

to reduce any rate of duty on certain environmental goods included 

in Annex C of the APEC Leaders Declaration issued on September 

9, 2012, if (and only if) the President, as soon as feasible after 

the date of the enactment of this subsection, and before exercising 

proclamation authority under section 103(a)(1)(B), notifies Congress 

of the negotiations relating to the agreement and the specific United 

States objectives in the negotiations.’’. 

TITLE VI—BUDGETARY EFFECTS 

SEC. 601. BUDGETARY EFFECTS. 

(a) PAYGO SCORECARD.—The budgetary effects of this Act shall 

not be entered on either PAYGO scorecard maintained pursuant 

to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. 


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129 STAT. 3128 PUBLIC LAW 114–113—DEC. 18, 2015 

LEGISLATIVE HISTORY—H.R. 2029: 

HOUSE REPORTS: No. 114–92 (Comm. on Appropriations). 

SENATE REPORTS: No. 114–57 (Comm. on Appropriations). 

CONGRESSIONAL RECORD, Vol. 161 (2015): 

Apr. 29, 30, considered and passed House. 

Nov. 5, 9, 10, considered and passed Senate, amended. 

Dec. 17, House considered concurring in Senate amendment. 

Dec. 18, House concurred in Senate amendment with amendments. Senate 

concurred in House amendments. 

Æ 

(b) SENATE PAYGO SCORECARD.—The budgetary effects of this 

Act shall not be entered on any PAYGO scorecard maintained 

for purposes of section 201 of S. Con. Res. 21 (110th Congress). 

Approved December 18, 2015. 


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