II 

Calendar No. 249 

114TH CONGRESS 

1ST SESSION S. 2130 

Making appropriations for Department of Defense, energy and water development, Department of Homeland Security, military construction, Department of Veterans Affairs, and Department of State, foreign operations, 

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

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 5, 2015 

Mr. COCHRAN (for himself, Mr. ALEXANDER, Mr. HOEVEN, Mr. KIRK, and 

Mr. GRAHAM) introduced the following bill; which was read the first time 

OCTOBER 6, 2015 

Read the second time and placed on the calendar 

A BILL 

Making appropriations for Department of Defense, energy 

and water development, Department of Homeland Security, military construction, Department of Veterans Affairs, and Department of State, foreign operations, and 

related programs for the fiscal year ending September 

30, 2016, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•S 2130 PCS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as ‘‘An Act Making Appropria3 tions for National Security and for Other Purposes, 

4 2016’’. 

5 SEC. 2. TABLE OF CONTENTS. 

6 The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Statement of appropriations. 

DIVISION A—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 

2016 

DIVISION B—ENERGY AND WATER DEVELOPMENT, AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2016 

DIVISION C—DEPARTMENT OF HOMELAND SECURITY 

APPROPRIATIONS ACT, 2016 

DIVISION D—MILITARY CONSTRUCTION AND VETERANS AFFAIRS, 

AND RELATED AGENCIES APPROPRIATIONS ACT, 2016 

DIVISION E—DEPARTMENT OF STATE, FOREIGN OPERATIONS, 

AND RELATED PROGRAMS APPROPRIATIONS ACT, 2016 

7 SEC. 3. REFERENCES. 

8 Except as expressly provided otherwise, any reference 

9 to ‘‘this Act’’ contained in any division of this Act shall 

10 be treated as referring only to the provisions of that divi11 sion. 

12 SEC. 4. STATEMENT OF APPROPRIATIONS. 

13 The following sums in this Act are appropriated, out 

14 of any money in the Treasury not otherwise appropriated, 

15 for the fiscal year ending September 30, 2016. 


emcdonald on DSK67QTVN1PROD with BILLS
3 

•S 2130 PCS

1 DIVISION A—DEPARTMENT OF DEFENSE 

2 APPROPRIATIONS ACT, 2016 

3 TITLE I 

4 MILITARY PERSONNEL 

5 MILITARY PERSONNEL, ARMY

6 For pay, allowances, individual clothing, subsistence, 

7 interest on deposits, gratuities, permanent change of sta8 tion travel (including all expenses thereof for organiza9 tional movements), and expenses of temporary duty travel 

10 between permanent duty stations, for members of the 

11 Army on active duty (except members of reserve compo12 nents provided for elsewhere), cadets, and aviation cadets; 

13 for members of the Reserve Officers’ Training Corps; and 

14 for payments pursuant to section 156 of Public Law 97– 

15 377, as amended (42 U.S.C. 402 note), and to the Depart16 ment of Defense Military Retirement Fund, 

17 $41,038,287,000. 

18 MILITARY PERSONNEL, NAVY

19 For pay, allowances, individual clothing, subsistence, 

20 interest on deposits, gratuities, permanent change of sta21 tion travel (including all expenses thereof for organiza22 tional movements), and expenses of temporary duty travel 

23 between permanent duty stations, for members of the 

24 Navy on active duty (except members of the Reserve pro25 vided for elsewhere), midshipmen, and aviation cadets; for 


emcdonald on DSK67QTVN1PROD with BILLS
4 

•S 2130 PCS

1 members of the Reserve Officers’ Training Corps; and for 

2 payments pursuant to section 156 of Public Law 97–377, 

3 as amended (42 U.S.C. 402 note), and to the Department 

4 of Defense Military Retirement Fund, $27,983,432,000. 

5 MILITARY PERSONNEL, MARINE CORPS

6 For pay, allowances, individual clothing, subsistence, 

7 interest on deposits, gratuities, permanent change of sta8 tion travel (including all expenses thereof for organiza9 tional movements), and expenses of temporary duty travel 

10 between permanent duty stations, for members of the Ma11 rine Corps on active duty (except members of the Reserve 

12 provided for elsewhere); and for payments pursuant to sec13 tion 156 of Public Law 97–377, as amended (42 U.S.C. 

14 402 note), and to the Department of Defense Military Re15 tirement Fund, $12,953,400,000. 

16 MILITARY PERSONNEL, AIR FORCE

17 For pay, allowances, individual clothing, subsistence, 

18 interest on deposits, gratuities, permanent change of sta19 tion travel (including all expenses thereof for organiza20 tional movements), and expenses of temporary duty travel 

21 between permanent duty stations, for members of the Air 

22 Force on active duty (except members of reserve compo23 nents provided for elsewhere), cadets, and aviation cadets; 

24 for members of the Reserve Officers’ Training Corps; and 

25 for payments pursuant to section 156 of Public Law 97– 


emcdonald on DSK67QTVN1PROD with BILLS
5 

•S 2130 PCS

1 377, as amended (42 U.S.C. 402 note), and to the Depart2 ment of Defense Military Retirement Fund, 

3 $27,756,536,000. 

4 RESERVE PERSONNEL, ARMY

5 For pay, allowances, clothing, subsistence, gratuities, 

6 travel, and related expenses for personnel of the Army Re7 serve on active duty under sections 10211, 10302, and 

8 3038 of title 10, United States Code, or while serving on 

9 active duty under section 12301(d) of title 10, United 

10 States Code, in connection with performing duty specified 

11 in section 12310(a) of title 10, United States Code, or 

12 while undergoing reserve training, or while performing 

13 drills or equivalent duty or other duty, and expenses au14 thorized by section 16131 of title 10, United States Code; 

15 and for payments to the Department of Defense Military 

16 Retirement Fund, $4,418,714,000. 

17 RESERVE PERSONNEL, NAVY

18 For pay, allowances, clothing, subsistence, gratuities, 

19 travel, and related expenses for personnel of the Navy Re20 serve on active duty under section 10211 of title 10, 

21 United States Code, or while serving on active duty under 

22 section 12301(d) of title 10, United States Code, in con23 nection with performing duty specified in section 12310(a) 

24 of title 10, United States Code, or while undergoing re25 serve training, or while performing drills or equivalent 


emcdonald on DSK67QTVN1PROD with BILLS
6 

•S 2130 PCS

1 duty, and expenses authorized by section 16131 of title 

2 10, United States Code; and for payments to the Depart3 ment of Defense Military Retirement Fund, 

4 $1,849,541,000. 

5 RESERVE PERSONNEL, MARINE CORPS

6 For pay, allowances, clothing, subsistence, gratuities, 

7 travel, and related expenses for personnel of the Marine 

8 Corps Reserve on active duty under section 10211 of title 

9 10, United States Code, or while serving on active duty 

10 under section 12301(d) of title 10, United States Code, 

11 in connection with performing duty specified in section 

12 12310(a) of title 10, United States Code, or while under13 going reserve training, or while performing drills or equiv14 alent duty, and for members of the Marine Corps platoon 

15 leaders class, and expenses authorized by section 16131 

16 of title 10, United States Code; and for payments to the 

17 Department of Defense Military Retirement Fund, 

18 $697,839,000. 

19 RESERVE PERSONNEL, AIR FORCE

20 For pay, allowances, clothing, subsistence, gratuities, 

21 travel, and related expenses for personnel of the Air Force 

22 Reserve on active duty under sections 10211, 10305, and 

23 8038 of title 10, United States Code, or while serving on 

24 active duty under section 12301(d) of title 10, United 

25 States Code, in connection with performing duty specified 


emcdonald on DSK67QTVN1PROD with BILLS
7 

•S 2130 PCS

1 in section 12310(a) of title 10, United States Code, or 

2 while undergoing reserve training, or while performing 

3 drills or equivalent duty or other duty, and expenses au4 thorized by section 16131 of title 10, United States Code; 

5 and for payments to the Department of Defense Military 

6 Retirement Fund, $1,676,551,000. 

7 NATIONAL GUARD PERSONNEL, ARMY

8 For pay, allowances, clothing, subsistence, gratuities, 

9 travel, and related expenses for personnel of the Army Na10 tional Guard while on duty under sections 10211, 10302, 

11 or 12402 of title 10 or section 708 of title 32, United 

12 States Code, or while serving on duty under section 

13 12301(d) of title 10 or section 502(f) of title 32, United 

14 States Code, in connection with performing duty specified 

15 in section 12310(a) of title 10, United States Code, or 

16 while undergoing training, or while performing drills or 

17 equivalent duty or other duty, and expenses authorized by 

18 section 16131 of title 10, United States Code; and for pay19 ments to the Department of Defense Military Retirement 

20 Fund, $7,862,122,000. 

21 NATIONAL GUARD PERSONNEL, AIR FORCE

22 For pay, allowances, clothing, subsistence, gratuities, 

23 travel, and related expenses for personnel of the Air Na24 tional Guard on duty under sections 10211, 10305, or 

25 12402 of title 10 or section 708 of title 32, United States 


emcdonald on DSK67QTVN1PROD with BILLS
8 

•S 2130 PCS

1 Code, or while serving on duty under section 12301(d) of 

2 title 10 or section 502(f) of title 32, United States Code, 

3 in connection with performing duty specified in section 

4 12310(a) of title 10, United States Code, or while under5 going training, or while performing drills or equivalent 

6 duty or other duty, and expenses authorized by section 

7 16131 of title 10, United States Code; and for payments 

8 to the Department of Defense Military Retirement Fund, 

9 $3,205,691,000. 

10 TITLE II 

11 OPERATION AND MAINTENANCE 

12 OPERATION AND MAINTENANCE, ARMY

13 For expenses, not otherwise provided for, necessary 

14 for the operation and maintenance of the Army, as author15 ized by law, $27,285,099,000: Provided, That not to ex16 ceed $12,478,000 can be used for emergencies and ex17 traordinary expenses, to be expended on the approval or 

18 authority of the Secretary of the Army, and payments may 

19 be made on his certificate of necessity for confidential mili20 tary purposes. 

21 OPERATION AND MAINTENANCE, NAVY

22 For expenses, not otherwise provided for, necessary 

23 for the operation and maintenance of the Navy and the 

24 Marine Corps, as authorized by law, $25,933,099,000: 

25 Provided, That not to exceed $15,055,000 can be used for 


emcdonald on DSK67QTVN1PROD with BILLS
9 

•S 2130 PCS

1 emergencies and extraordinary expenses, to be expended 

2 on the approval or authority of the Secretary of the Navy, 

3 and payments may be made on his certificate of necessity 

4 for confidential military purposes. 

5 OPERATION AND MAINTENANCE, MARINE CORPS

6 For expenses, not otherwise provided for, necessary 

7 for the operation and maintenance of the Marine Corps, 

8 as authorized by law, $5,277,785,000. 

9 OPERATION AND MAINTENANCE, AIR FORCE

10 For expenses, not otherwise provided for, necessary 

11 for the operation and maintenance of the Air Force, as 

12 authorized by law, $26,144,988,000: Provided, That not 

13 to exceed $7,699,000 can be used for emergencies and ex14 traordinary expenses, to be expended on the approval or 

15 authority of the Secretary of the Air Force, and payments 

16 may be made on his certificate of necessity for confidential 

17 military purposes. 

18 OPERATION AND MAINTENANCE, DEFENSE-WIDE

19 (INCLUDING TRANSFER OF FUNDS)

20 For expenses, not otherwise provided for, necessary 

21 for the operation and maintenance of activities and agen22 cies of the Department of Defense (other than the military 

23 departments), as authorized by law, $32,124,431,000: 

24 Provided, That not more than $15,000,000 may be used 

25 for the Combatant Commander Initiative Fund authorized 


emcdonald on DSK67QTVN1PROD with BILLS
10 

•S 2130 PCS

1 under section 166a of title 10, United States Code: Pro2 vided further, That not to exceed $36,000,000 can be used 

3 for emergencies and extraordinary expenses, to be ex4 pended on the approval or authority of the Secretary of 

5 Defense, and payments may be made on his certificate of 

6 necessity for confidential military purposes: Provided fur7 ther, That of the funds provided under this heading, not 

8 less than $35,045,000 shall be made available for the Pro9 curement Technical Assistance Cooperative Agreement 

10 Program, of which not less than $3,600,000 shall be avail11 able for centers defined in 10 U.S.C. 2411(1)(D): Pro12 vided further, That none of the funds appropriated or oth13 erwise made available by this Act may be used to plan 

14 or implement the consolidation of a budget or appropria15 tions liaison office of the Office of the Secretary of De16 fense, the office of the Secretary of a military department, 

17 or the service headquarters of one of the Armed Forces 

18 into a legislative affairs or legislative liaison office: Pro19 vided further, That $9,031,000, to remain available until 

20 expended, is available only for expenses relating to certain 

21 classified activities, and may be transferred as necessary 

22 by the Secretary of Defense to operation and maintenance 

23 appropriations or research, development, test and evalua24 tion appropriations, to be merged with and to be available 

25 for the same time period as the appropriations to which 


emcdonald on DSK67QTVN1PROD with BILLS
11 

•S 2130 PCS

1 transferred: Provided further, That any ceiling on the in2 vestment item unit cost of items that may be purchased 

3 with operation and maintenance funds shall not apply to 

4 the funds described in the preceding proviso: Provided fur5 ther, That the transfer authority provided under this head6 ing is in addition to any other transfer authority provided 

7 elsewhere in this Act. 

8 OPERATION AND MAINTENANCE, ARMY RESERVE

9 For expenses, not otherwise provided for, necessary 

10 for the operation and maintenance, including training, or11 ganization, and administration, of the Army Reserve; re12 pair of facilities and equipment; hire of passenger motor 

13 vehicles; travel and transportation; care of the dead; re14 cruiting; procurement of services, supplies, and equip15 ment; and communications, $2,679,992,000. 

16 OPERATION AND MAINTENANCE, NAVY RESERVE

17 For expenses, not otherwise provided for, necessary 

18 for the operation and maintenance, including training, or19 ganization, and administration, of the Navy Reserve; re20 pair of facilities and equipment; hire of passenger motor 

21 vehicles; travel and transportation; care of the dead; re22 cruiting; procurement of services, supplies, and equip23 ment; and communications, $998,758,000. 


emcdonald on DSK67QTVN1PROD with BILLS
12 

•S 2130 PCS

1 OPERATION AND MAINTENANCE, MARINE CORPS

2 RESERVE

3 For expenses, not otherwise provided for, necessary 

4 for the operation and maintenance, including training, or5 ganization, and administration, of the Marine Corps Re6 serve; repair of facilities and equipment; hire of passenger 

7 motor vehicles; travel and transportation; care of the dead; 

8 recruiting; procurement of services, supplies, and equip9 ment; and communications, $277,036,000. 

10 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

11 For expenses, not otherwise provided for, necessary 

12 for the operation and maintenance, including training, or13 ganization, and administration, of the Air Force Reserve; 

14 repair of facilities and equipment; hire of passenger motor 

15 vehicles; travel and transportation; care of the dead; re16 cruiting; procurement of services, supplies, and equip17 ment; and communications, $3,056,357,000. 

18 OPERATION AND MAINTENANCE, ARMY NATIONAL

19 GUARD

20 For expenses of training, organizing, and admin21 istering the Army National Guard, including medical and 

22 hospital treatment and related expenses in non-Federal 

23 hospitals; maintenance, operation, and repairs to struc24 tures and facilities; hire of passenger motor vehicles; per25 sonnel services in the National Guard Bureau; travel exVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
13 

•S 2130 PCS

1 penses (other than mileage), as authorized by law for 

2 Army personnel on active duty, for Army National Guard 

3 division, regimental, and battalion commanders while in4 specting units in compliance with National Guard Bureau 

5 regulations when specifically authorized by the Chief, Na6 tional Guard Bureau; supplying and equipping the Army 

7 National Guard as authorized by law; and expenses of re8 pair, modification, maintenance, and issue of supplies and 

9 equipment (including aircraft), $6,746,302,000. 

10 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

11 For expenses of training, organizing, and admin12 istering the Air National Guard, including medical and 

13 hospital treatment and related expenses in non-Federal 

14 hospitals; maintenance, operation, and repairs to struc15 tures and facilities; transportation of things, hire of pas16 senger motor vehicles; supplying and equipping the Air 

17 National Guard, as authorized by law; expenses for repair, 

18 modification, maintenance, and issue of supplies and 

19 equipment, including those furnished from stocks under 

20 the control of agencies of the Department of Defense; 

21 travel expenses (other than mileage) on the same basis as 

22 authorized by law for Air National Guard personnel on 

23 active Federal duty, for Air National Guard commanders 

24 while inspecting units in compliance with National Guard 


emcdonald on DSK67QTVN1PROD with BILLS
14 

•S 2130 PCS

1 Bureau regulations when specifically authorized by the 

2 Chief, National Guard Bureau, $6,951,010,000. 

3 UNITED STATES COURT OF APPEALS FOR THE ARMED

4 FORCES

5 For salaries and expenses necessary for the United 

6 States Court of Appeals for the Armed Forces, 

7 $14,078,000, of which not to exceed $5,000 may be used 

8 for official representation purposes. 

9 ENVIRONMENTAL RESTORATION, ARMY

10 (INCLUDING TRANSFER OF FUNDS)

11 For the Department of the Army, $234,829,000, to 

12 remain available until transferred: Provided, That the Sec13 retary of the Army shall, upon determining that such 

14 funds are required for environmental restoration, reduc15 tion and recycling of hazardous waste, removal of unsafe 

16 buildings and debris of the Department of the Army, or 

17 for similar purposes, transfer the funds made available by 

18 this appropriation to other appropriations made available 

19 to the Department of the Army, to be merged with and 

20 to be available for the same purposes and for the same 

21 time period as the appropriations to which transferred: 

22 Provided further, That upon a determination that all or 

23 part of the funds transferred from this appropriation are 

24 not necessary for the purposes provided herein, such 

25 amounts may be transferred back to this appropriation: 


emcdonald on DSK67QTVN1PROD with BILLS
15 

•S 2130 PCS

1 Provided further, That the transfer authority provided 

2 under this heading is in addition to any other transfer au3 thority provided elsewhere in this Act. 

4 ENVIRONMENTAL RESTORATION, NAVY

5 (INCLUDING TRANSFER OF FUNDS)

6 For the Department of the Navy, $292,453,000, to 

7 remain available until transferred: Provided, That the Sec8 retary of the Navy shall, upon determining that such 

9 funds are required for environmental restoration, reduc10 tion and recycling of hazardous waste, removal of unsafe 

11 buildings and debris of the Department of the Navy, or 

12 for similar purposes, transfer the funds made available by 

13 this appropriation to other appropriations made available 

14 to the Department of the Navy, to be merged with and 

15 to be available for the same purposes and for the same 

16 time period as the appropriations to which transferred: 

17 Provided further, That upon a determination that all or 

18 part of the funds transferred from this appropriation are 

19 not necessary for the purposes provided herein, such 

20 amounts may be transferred back to this appropriation: 

21 Provided further, That the transfer authority provided 

22 under this heading is in addition to any other transfer au23 thority provided elsewhere in this Act. 


emcdonald on DSK67QTVN1PROD with BILLS
16 

•S 2130 PCS

1 ENVIRONMENTAL RESTORATION, AIR FORCE

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Department of the Air Force, $368,131,000, 

4 to remain available until transferred: Provided, That the 

5 Secretary of the Air Force shall, upon determining that 

6 such funds are required for environmental restoration, re7 duction and recycling of hazardous waste, removal of un8 safe buildings and debris of the Department of the Air 

9 Force, or for similar purposes, transfer the funds made 

10 available by this appropriation to other appropriations 

11 made available to the Department of the Air Force, to be 

12 merged with and to be available for the same purposes 

13 and for the same time period as the appropriations to 

14 which transferred: Provided further, That upon a deter15 mination that all or part of the funds transferred from 

16 this appropriation are not necessary for the purposes pro17 vided herein, such amounts may be transferred back to 

18 this appropriation: Provided further, That the transfer au19 thority provided under this heading is in addition to any 

20 other transfer authority provided elsewhere in this Act. 

21 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

22 (INCLUDING TRANSFER OF FUNDS)

23 For the Department of Defense, $8,232,000, to re24 main available until transferred: Provided, That the Sec25 retary of Defense shall, upon determining that such funds 


emcdonald on DSK67QTVN1PROD with BILLS
17 

•S 2130 PCS

1 are required for environmental restoration, reduction and 

2 recycling of hazardous waste, removal of unsafe buildings 

3 and debris of the Department of Defense, or for similar 

4 purposes, transfer the funds made available by this appro5 priation to other appropriations made available to the De6 partment of Defense, to be merged with and to be avail7 able for the same purposes and for the same time period 

8 as the appropriations to which transferred: Provided fur9 ther, That upon a determination that all or part of the 

10 funds transferred from this appropriation are not nec11 essary for the purposes provided herein, such amounts 

12 may be transferred back to this appropriation: Provided 

13 further, That the transfer authority provided under this 

14 heading is in addition to any other transfer authority pro15 vided elsewhere in this Act. 

16 ENVIRONMENTAL RESTORATION, FORMERLY USED

17 DEFENSE SITES

18 (INCLUDING TRANSFER OF FUNDS)

19 For the Department of the Army, $233,717,000, to 

20 remain available until transferred: Provided, That the Sec21 retary of the Army shall, upon determining that such 

22 funds are required for environmental restoration, reduc23 tion and recycling of hazardous waste, removal of unsafe 

24 buildings and debris at sites formerly used by the Depart25 ment of Defense, transfer the funds made available by this 


emcdonald on DSK67QTVN1PROD with BILLS
18 

•S 2130 PCS

1 appropriation to other appropriations made available to 

2 the Department of the Army, to be merged with and to 

3 be available for the same purposes and for the same time 

4 period as the appropriations to which transferred: Pro5 vided further, That upon a determination that all or part 

6 of the funds transferred from this appropriation are not 

7 necessary for the purposes provided herein, such amounts 

8 may be transferred back to this appropriation: Provided 

9 further, That the transfer authority provided under this 

10 heading is in addition to any other transfer authority pro11 vided elsewhere in this Act. 

12 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

13 For expenses relating to the Overseas Humanitarian, 

14 Disaster, and Civic Aid programs of the Department of 

15 Defense (consisting of the programs provided under sec16 tions 401, 402, 404, 407, 2557, and 2561 of title 10, 

17 United States Code), $100,266,000, to remain available 

18 until September 30, 2017. 

19 COOPERATIVE THREAT REDUCTION ACCOUNT

20 For assistance to the republics of the former Soviet 

21 Union and, with appropriate authorization by the Depart22 ment of Defense and Department of State, to countries 

23 outside of the former Soviet Union, including assistance 

24 provided by contract or by grants, for facilitating the 

25 elimination and the safe and secure transportation and 


emcdonald on DSK67QTVN1PROD with BILLS
19 

•S 2130 PCS

1 storage of nuclear, chemical and other weapons; for estab2 lishing programs to prevent the proliferation of weapons, 

3 weapons components, and weapon-related technology and 

4 expertise; for programs relating to the training and sup5 port of defense and military personnel for demilitarization 

6 and protection of weapons, weapons components, and 

7 weapons technology and expertise, and for defense and 

8 military contacts, $358,496,000, to remain available until 

9 September 30, 2018. 

10 DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE

11 DEVELOPMENT FUND

12 (INCLUDING TRANSFER OF FUNDS)

13 For the Department of Defense Acquisition Work14 force Development Fund, $84,140,000 to remain available 

15 until September 30, 2017: Provided, That the Secretary 

16 of Defense may transfer funds provided herein to appro17 priations for military personnel; for operation and mainte18 nance; for procurement; and for research, development, 

19 test and evaluation to accomplish purposes as provided for 

20 in section 1705 of title 10, United States Code: Provided 

21 further, That the funds appropriated under this heading 

22 shall be available for obligation for the same time period 

23 and for the same purpose as the appropriation to which 

24 transferred: Provided further, That upon a determination 

25 that all or part of the funds transferred from this approVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
20 

•S 2130 PCS

1 priation are not necessary for the purposes provided here2 in, such amounts may be transferred back to this appro3 priation: Provided further, That the transfer authority pro4 vided under this heading is in addition to any other trans5 fer authority provided elsewhere in this Act. 

6 TITLE III 

7 PROCUREMENT 

8 AIRCRAFT PROCUREMENT, ARMY

9 For construction, procurement, production, modifica10 tion, and modernization of aircraft, equipment, including 

11 ordnance, ground handling equipment, spare parts, and 

12 accessories therefor; specialized equipment and training 

13 devices; expansion of public and private plants, including 

14 the land necessary therefor, for the foregoing purposes, 

15 and such lands and interests therein, may be acquired, 

16 and construction prosecuted thereon prior to approval of 

17 title; and procurement and installation of equipment, ap18 pliances, and machine tools in public and private plants; 

19 reserve plant and Government and contractor-owned 

20 equipment layaway; and other expenses necessary for the 

21 foregoing purposes, $5,465,751,000, to remain available 

22 for obligation until September 30, 2018. 

23 MISSILE PROCUREMENT, ARMY

24 For construction, procurement, production, modifica25 tion, and modernization of missiles, equipment, including 


emcdonald on DSK67QTVN1PROD with BILLS
21 

•S 2130 PCS

1 ordnance, ground handling equipment, spare parts, and 

2 accessories therefor; specialized equipment and training 

3 devices; expansion of public and private plants, including 

4 the land necessary therefor, for the foregoing purposes, 

5 and such lands and interests therein, may be acquired, 

6 and construction prosecuted thereon prior to approval of 

7 title; and procurement and installation of equipment, ap8 pliances, and machine tools in public and private plants; 

9 reserve plant and Government and contractor-owned 

10 equipment layaway; and other expenses necessary for the 

11 foregoing purposes, $1,667,167,000, to remain available 

12 for obligation until September 30, 2018. 

13 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

14 VEHICLES, ARMY

15 For construction, procurement, production, and 

16 modification of weapons and tracked combat vehicles, 

17 equipment, including ordnance, spare parts, and acces18 sories therefor; specialized equipment and training devices; 

19 expansion of public and private plants, including the land 

20 necessary therefor, for the foregoing purposes, and such 

21 lands and interests therein, may be acquired, and con22 struction prosecuted thereon prior to approval of title; and 

23 procurement and installation of equipment, appliances, 

24 and machine tools in public and private plants; reserve 

25 plant and Government and contractor-owned equipment 


emcdonald on DSK67QTVN1PROD with BILLS
22 

•S 2130 PCS

1 layaway; and other expenses necessary for the foregoing 

2 purposes, $1,914,446,000, to remain available for obliga3 tion until September 30, 2018. 

4 PROCUREMENT OF AMMUNITION, ARMY

5 For construction, procurement, production, and 

6 modification of ammunition, and accessories therefor; spe7 cialized equipment and training devices; expansion of pub8 lic and private plants, including ammunition facilities, au9 thorized by section 2854 of title 10, United States Code, 

10 and the land necessary therefor, for the foregoing pur11 poses, and such lands and interests therein, may be ac12 quired, and construction prosecuted thereon prior to ap13 proval of title; and procurement and installation of equip14 ment, appliances, and machine tools in public and private 

15 plants; reserve plant and Government and contractor16 owned equipment layaway; and other expenses necessary 

17 for the foregoing purposes, $1,247,426,000, to remain 

18 available for obligation until September 30, 2018. 

19 OTHER PROCUREMENT, ARMY

20 For construction, procurement, production, and 

21 modification of vehicles, including tactical, support, and 

22 non-tracked combat vehicles; the purchase of passenger 

23 motor vehicles for replacement only; communications and 

24 electronic equipment; other support equipment; spare 

25 parts, ordnance, and accessories therefor; specialized 


emcdonald on DSK67QTVN1PROD with BILLS
23 

•S 2130 PCS

1 equipment and training devices; expansion of public and 

2 private plants, including the land necessary therefor, for 

3 the foregoing purposes, and such lands and interests 

4 therein, may be acquired, and construction prosecuted 

5 thereon prior to approval of title; and procurement and 

6 installation of equipment, appliances, and machine tools 

7 in public and private plants; reserve plant and Govern8 ment and contractor-owned equipment layaway; and other 

9 expenses necessary for the foregoing purposes, 

10 $5,648,874,000, to remain available for obligation until 

11 September 30, 2018. 

12 AIRCRAFT PROCUREMENT, NAVY

13 For construction, procurement, production, modifica14 tion, and modernization of aircraft, equipment, including 

15 ordnance, spare parts, and accessories therefor; specialized 

16 equipment; expansion of public and private plants, includ17 ing the land necessary therefor, and such lands and inter18 ests therein, may be acquired, and construction prosecuted 

19 thereon prior to approval of title; and procurement and 

20 installation of equipment, appliances, and machine tools 

21 in public and private plants; reserve plant and Govern22 ment and contractor-owned equipment layaway, 

23 $17,392,174,000, to remain available for obligation until 

24 September 30, 2018. 


emcdonald on DSK67QTVN1PROD with BILLS
24 

•S 2130 PCS

1 WEAPONS PROCUREMENT, NAVY

2 For construction, procurement, production, modifica3 tion, and modernization of missiles, torpedoes, other weap4 ons, and related support equipment including spare parts, 

5 and accessories therefor; expansion of public and private 

6 plants, including the land necessary therefor, and such 

7 lands and interests therein, may be acquired, and con8 struction prosecuted thereon prior to approval of title; and 

9 procurement and installation of equipment, appliances, 

10 and machine tools in public and private plants; reserve 

11 plant and Government and contractor-owned equipment 

12 layaway, $3,172,822,000, to remain available for obliga13 tion until September 30, 2018. 

14 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

15 CORPS

16 For construction, procurement, production, and 

17 modification of ammunition, and accessories therefor; spe18 cialized equipment and training devices; expansion of pub19 lic and private plants, including ammunition facilities, au20 thorized by section 2854 of title 10, United States Code, 

21 and the land necessary therefor, for the foregoing pur22 poses, and such lands and interests therein, may be ac23 quired, and construction prosecuted thereon prior to ap24 proval of title; and procurement and installation of equip25 ment, appliances, and machine tools in public and private 


emcdonald on DSK67QTVN1PROD with BILLS
25 

•S 2130 PCS

1 plants; reserve plant and Government and contractor2 owned equipment layaway; and other expenses necessary 

3 for the foregoing purposes, $728,741,000, to remain avail4 able for obligation until September 30, 2018. 

5 SHIPBUILDING AND CONVERSION, NAVY

6 For expenses necessary for the construction, acquisi7 tion, or conversion of vessels as authorized by law, includ8 ing armor and armament thereof, plant equipment, appli9 ances, and machine tools and installation thereof in public 

10 and private plants; reserve plant and Government and con11 tractor-owned equipment layaway; procurement of critical, 

12 long lead time components and designs for vessels to be 

13 constructed or converted in the future; and expansion of 

14 public and private plants, including land necessary there15 for, and such lands and interests therein, may be acquired, 

16 and construction prosecuted thereon prior to approval of 

17 title, as follows: 

18 Carrier Replacement Program, $1,634,701,000; 

19 Carrier Replacement Program (AP), 

20 $683,200,000; 

21 Virginia Class Submarine, $3,346,370,000; 

22 Virginia Class Submarine (AP), 

23 $1,993,740,000; 

24 CVN Refueling Overhauls, $678,274,000; 

25 CVN Refueling Overhauls (AP), $14,951,000; 


emcdonald on DSK67QTVN1PROD with BILLS
26 

•S 2130 PCS

1 DDG–1000 Program, $433,404,000; 

2 DDG–51 Destroyer, $4,149,703,000; 

3 Littoral Combat Ship, $1,331,591,000; 

4 LPD–17, $550,000,000; 

5 Afloat Forward Staging Base (AP), 

6 $97,000,000; 

7 LHA Replacement (AP), $476,543,000; 

8 LX(R) (AP), $250,000,000; 

9 Joint High Speed Vessel, $225,000,000; 

10 TAO Fleet Oiler, $674,190,000; 

11 T–ATS(X) Fleet Tug, $75,000,000; 

12 LCU Replacement, $34,000,000; 

13 Moored Training Ship (AP), $138,200,000; 

14 Ship to Shore Connector, $204,630,000; 

15 Service Craft, $30,014,000; 

16 LCAC Service Life Extension Program, 

17 $80,738,000; 

18 YP Craft Maintenance/ROH/SLEP, 

19 $21,838,000; and 

20 For outfitting, post delivery, conversions, and 

21 first destination transportation, $663,970,000. 

22 Completion of Prior Year Shipbuilding Pro23 grams, $389,305,000. 

24 In all: $18,176,362,000, to remain available for obli25 gation until September 30, 2020: Provided, That addiVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
27 

•S 2130 PCS

1 tional obligations may be incurred after September 30, 

2 2020, for engineering services, tests, evaluations, and 

3 other such budgeted work that must be performed in the 

4 final stage of ship construction: Provided further, That 

5 none of the funds provided under this heading for the con6 struction or conversion of any naval vessel to be con7 structed in shipyards in the United States shall be ex8 pended in foreign facilities for the construction of major 

9 components of such vessel: Provided further, That none 

10 of the funds provided under this heading shall be used 

11 for the construction of any naval vessel in foreign ship12 yards. 

13 OTHER PROCUREMENT, NAVY

14 For procurement, production, and modernization of 

15 support equipment and materials not otherwise provided 

16 for, Navy ordnance (except ordnance for new aircraft, new 

17 ships, and ships authorized for conversion); the purchase 

18 of passenger motor vehicles for replacement only; expan19 sion of public and private plants, including the land nec20 essary therefor, and such lands and interests therein, may 

21 be acquired, and construction prosecuted thereon prior to 

22 approval of title; and procurement and installation of 

23 equipment, appliances, and machine tools in public and 

24 private plants; reserve plant and Government and conVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
28 

•S 2130 PCS

1 tractor-owned equipment layaway, $6,329,750,000, to re2 main available for obligation until September 30, 2018. 

3 PROCUREMENT, MARINE CORPS

4 For expenses necessary for the procurement, manu5 facture, and modification of missiles, armament, military 

6 equipment, spare parts, and accessories therefor; plant 

7 equipment, appliances, and machine tools, and installation 

8 thereof in public and private plants; reserve plant and 

9 Government and contractor-owned equipment layaway; ve10 hicles for the Marine Corps, including the purchase of pas11 senger motor vehicles for replacement only; and expansion 

12 of public and private plants, including land necessary 

13 therefor, and such lands and interests therein, may be ac14 quired, and construction prosecuted thereon prior to ap15 proval of title, $1,239,618,000, to remain available for ob16 ligation until September 30, 2018. 

17 AIRCRAFT PROCUREMENT, AIR FORCE

18 For construction, procurement, and modification of 

19 aircraft and equipment, including armor and armament, 

20 specialized ground handling equipment, and training de21 vices, spare parts, and accessories therefor; specialized 

22 equipment; expansion of public and private plants, Gov23 ernment-owned equipment and installation thereof in such 

24 plants, erection of structures, and acquisition of land, for 

25 the foregoing purposes, and such lands and interests 


emcdonald on DSK67QTVN1PROD with BILLS
29 

•S 2130 PCS

1 therein, may be acquired, and construction prosecuted 

2 thereon prior to approval of title; reserve plant and Gov3 ernment and contractor-owned equipment layaway; and 

4 other expenses necessary for the foregoing purposes in5 cluding rents and transportation of things, 

6 $15,890,661,000, to remain available for obligation until 

7 September 30, 2018. 

8 MISSILE PROCUREMENT, AIR FORCE

9 For construction, procurement, and modification of 

10 missiles, rockets, and related equipment, including spare 

11 parts and accessories therefor; ground handling equip12 ment, and training devices; expansion of public and pri13 vate plants, Government-owned equipment and installa14 tion thereof in such plants, erection of structures, and ac15 quisition of land, for the foregoing purposes, and such 

16 lands and interests therein, may be acquired, and con17 struction prosecuted thereon prior to approval of title; re18 serve plant and Government and contractor-owned equip19 ment layaway; and other expenses necessary for the fore20 going purposes including rents and transportation of 

21 things, $2,965,869,000, to remain available for obligation 

22 until September 30, 2018. 

23 SPACE PROCUREMENT, AIR FORCE

24 For construction, procurement, and modification of 

25 spacecraft, rockets, and related equipment, including 


emcdonald on DSK67QTVN1PROD with BILLS
30 

•S 2130 PCS

1 spare parts and accessories therefor; ground handling 

2 equipment, and training devices; expansion of public and 

3 private plants, Government-owned equipment and installa4 tion thereof in such plants, erection of structures, and ac5 quisition of land, for the foregoing purposes, and such 

6 lands and interests therein, may be acquired, and con7 struction prosecuted thereon prior to approval of title; re8 serve plant and Government and contractor-owned equip9 ment layaway; and other expenses necessary for the fore10 going purposes including rents and transportation of 

11 things, $2,891,159,000, to remain available for obligation 

12 until September 30, 2018. 

13 PROCUREMENT OF AMMUNITION, AIR FORCE

14 For construction, procurement, production, and 

15 modification of ammunition, and accessories therefor; spe16 cialized equipment and training devices; expansion of pub17 lic and private plants, including ammunition facilities, au18 thorized by section 2854 of title 10, United States Code, 

19 and the land necessary therefor, for the foregoing pur20 poses, and such lands and interests therein, may be ac21 quired, and construction prosecuted thereon prior to ap22 proval of title; and procurement and installation of equip23 ment, appliances, and machine tools in public and private 

24 plants; reserve plant and Government and contractor25 owned equipment layaway; and other expenses necessary 


emcdonald on DSK67QTVN1PROD with BILLS
31 

•S 2130 PCS

1 for the foregoing purposes, $1,797,343,000, to remain 

2 available for obligation until September 30, 2018. 

3 OTHER PROCUREMENT, AIR FORCE

4 For procurement and modification of equipment (in5 cluding ground guidance and electronic control equipment, 

6 and ground electronic and communication equipment), 

7 and supplies, materials, and spare parts therefor, not oth8 erwise provided for; the purchase of passenger motor vehi9 cles for replacement only; lease of passenger motor vehi10 cles; and expansion of public and private plants, Govern11 ment-owned equipment and installation thereof in such 

12 plants, erection of structures, and acquisition of land, for 

13 the foregoing purposes, and such lands and interests 

14 therein, may be acquired, and construction prosecuted 

15 thereon, prior to approval of title; reserve plant and Gov16 ernment and contractor-owned equipment layaway, 

17 $17,997,359,000, to remain available for obligation until 

18 September 30, 2018. 

19 PROCUREMENT, DEFENSE-WIDE

20 For expenses of activities and agencies of the Depart21 ment of Defense (other than the military departments) 

22 necessary for procurement, production, and modification 

23 of equipment, supplies, materials, and spare parts there24 for, not otherwise provided for; the purchase of passenger 

25 motor vehicles for replacement only; expansion of public 


emcdonald on DSK67QTVN1PROD with BILLS
32 

•S 2130 PCS

1 and private plants, equipment, and installation thereof in 

2 such plants, erection of structures, and acquisition of land 

3 for the foregoing purposes, and such lands and interests 

4 therein, may be acquired, and construction prosecuted 

5 thereon prior to approval of title; reserve plant and Gov6 ernment and contractor-owned equipment layaway, 

7 $5,211,532,000, to remain available for obligation until 

8 September 30, 2018. 

9 DEFENSE PRODUCTION ACT PURCHASES

10 For activities by the Department of Defense pursuant 

11 to sections 108, 301, 302, and 303 of the Defense Produc12 tion Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 

13 2093), $76,680,000, to remain available until expended. 

14 TITLE IV 

15 RESEARCH, DEVELOPMENT, TEST AND 

16 EVALUATION 

17 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

18 ARMY

19 For expenses necessary for basic and applied sci20 entific research, development, test and evaluation, includ21 ing maintenance, rehabilitation, lease, and operation of fa22 cilities and equipment, $7,096,935,000, to remain avail23 able for obligation until September 30, 2017. 


emcdonald on DSK67QTVN1PROD with BILLS
33 

•S 2130 PCS

1 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

2 NAVY

3 For expenses necessary for basic and applied sci4 entific research, development, test and evaluation, includ5 ing maintenance, rehabilitation, lease, and operation of fa6 cilities and equipment, $18,236,645,000, to remain avail7 able for obligation until September 30, 2017: Provided, 

8 That funds appropriated in this paragraph which are 

9 available for the V–22 may be used to meet unique oper10 ational requirements of the Special Operations Forces. 

11 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

12 AIR FORCE

13 For expenses necessary for basic and applied sci14 entific research, development, test and evaluation, includ15 ing maintenance, rehabilitation, lease, and operation of fa16 cilities and equipment, $25,874,116,000, to remain avail17 able for obligation until September 30, 2017. 

18 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

19 DEFENSE-WIDE

20 (INCLUDING TRANSFER OF FUNDS)

21 For expenses of activities and agencies of the Depart22 ment of Defense (other than the military departments), 

23 necessary for basic and applied scientific research, devel24 opment, test and evaluation; advanced research projects 

25 as may be designated and determined by the Secretary 


emcdonald on DSK67QTVN1PROD with BILLS
34 

•S 2130 PCS

1 of Defense, pursuant to law; maintenance, rehabilitation, 

2 lease, and operation of facilities and equipment, 

3 $18,926,433,000, to remain available for obligation until 

4 September 30, 2017: Provided, That, of the funds made 

5 available in this paragraph, $400,000,000 for the Defense 

6 Rapid Innovation Program shall only be available for ex7 penses, not otherwise provided for, to include program 

8 management and oversight, to conduct research, develop9 ment, test and evaluation to include proof of concept dem10 onstration; engineering, testing, and validation; and tran11 sition to full-scale production: Provided further, That the 

12 Secretary of Defense may transfer funds provided herein 

13 for the Defense Rapid Innovation Program to appropria14 tions for research, development, test and evaluation to ac15 complish the purpose provided herein: Provided further, 

16 That this transfer authority is in addition to any other 

17 transfer authority available to the Department of Defense: 

18 Provided further, That the Secretary of Defense shall, not 

19 fewer than 30 days prior to making transfers from this 

20 appropriation, notify the congressional defense committees 

21 in writing of the details of any such transfer. 

22 OPERATIONAL TEST AND EVALUATION, DEFENSE

23 For expenses, not otherwise provided for, necessary 

24 for the independent activities of the Director, Operational 

25 Test and Evaluation, in the direction and supervision of 


emcdonald on DSK67QTVN1PROD with BILLS
35 

•S 2130 PCS

1 operational test and evaluation, including initial oper2 ational test and evaluation which is conducted prior to, 

3 and in support of, production decisions; joint operational 

4 testing and evaluation; and administrative expenses in 

5 connection therewith, $190,558,000, to remain available 

6 for obligation until September 30, 2017. 

7 TITLE V 

8 REVOLVING AND MANAGEMENT FUNDS 

9 DEFENSE WORKING CAPITAL FUNDS

10 For the Defense Working Capital Funds, 

11 $1,779,568,000. 

12 NATIONAL DEFENSE SEALIFT FUND

13 For National Defense Sealift Fund programs, 

14 projects, and activities, and for expenses of the National 

15 Defense Reserve Fleet, as established by section 11 of the 

16 Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744), 

17 and for the necessary expenses to maintain and preserve 

18 a U.S.-flag merchant fleet to serve the national security 

19 needs of the United States, $474,164,000, to remain avail20 able until expended: Provided, That none of the funds pro21 vided in this paragraph shall be used to award a new con22 tract that provides for the acquisition of any of the fol23 lowing major components unless such components are 

24 manufactured in the United States: auxiliary equipment, 

25 including pumps, for all shipboard services; propulsion 


emcdonald on DSK67QTVN1PROD with BILLS
36 

•S 2130 PCS

1 system components (engines, reduction gears, and propel2 lers); shipboard cranes; and spreaders for shipboard 

3 cranes: Provided further, That the exercise of an option 

4 in a contract awarded through the obligation of previously 

5 appropriated funds shall not be considered to be the award 

6 of a new contract: Provided further, That none of the 

7 funds provided in this paragraph shall be used to award 

8 a new contract for the construction, acquisition, or conver9 sion of vessels, including procurement of critical, long lead 

10 time components and designs for vessels to be constructed 

11 or converted in the future: Provided further, That the Sec12 retary of the military department responsible for such pro13 curement may waive the restrictions in the first proviso 

14 on a case-by-case basis by certifying in writing to the 

15 Committees on Appropriations of the House of Represent16 atives and the Senate that adequate domestic supplies are 

17 not available to meet Department of Defense requirements 

18 on a timely basis and that such an acquisition must be 

19 made in order to acquire capability for national security 

20 purposes. 

21 TITLE VI 

22 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

23 DEFENSE HEALTH PROGRAM

24 For expenses, not otherwise provided for, for medical 

25 and health care programs of the Department of Defense 


emcdonald on DSK67QTVN1PROD with BILLS
37 

•S 2130 PCS

1 as authorized by law, $32,267,914,000; of which 

2 $30,103,891,000 shall be for operation and maintenance, 

3 of which not to exceed one percent shall remain available 

4 for obligation until September 30, 2017, and of which up 

5 to $14,812,040,000 may be available for contracts entered 

6 into under the TRICARE program; of which 

7 $365,390,000, to remain available for obligation until Sep8 tember 30, 2018, shall be for procurement; and of which 

9 $1,798,633,000, to remain available for obligation until 

10 September 30, 2017, shall be for research, development, 

11 test and evaluation. 

12 CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

13 DEFENSE

14 For expenses, not otherwise provided for, necessary 

15 for the destruction of the United States stockpile of lethal 

16 chemical agents and munitions in accordance with the pro17 visions of section 1412 of the Department of Defense Au18 thorization Act, 1986 (50 U.S.C. 1521), and for the de19 struction of other chemical warfare materials that are not 

20 in the chemical weapon stockpile, $699,821,000, of which 

21 $118,198,000 shall be for operation and maintenance, of 

22 which no less than $50,743,000 shall be for the Chemical 

23 Stockpile Emergency Preparedness Program, consisting of 

24 $21,289,000 for activities on military installations and 

25 $29,454,000, to remain available until September 30, 


emcdonald on DSK67QTVN1PROD with BILLS
38 

•S 2130 PCS

1 2017, to assist State and local governments; $2,281,000 

2 shall be for procurement, to remain available until Sep3 tember 30, 2018, of which $2,281,000 shall be for the 

4 Chemical Stockpile Emergency Preparedness Program to 

5 assist State and local governments; and $579,342,000, to 

6 remain available until September 30, 2017, shall be for 

7 research, development, test and evaluation, of which 

8 $569,339,000 shall only be for the Assembled Chemical 

9 Weapons Alternatives program. 

10 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

11 DEFENSE

12 (INCLUDING TRANSFER OF FUNDS)

13 For drug interdiction and counter-drug activities of 

14 the Department of Defense, for transfer to appropriations 

15 available to the Department of Defense for military per16 sonnel of the reserve components serving under the provi17 sions of title 10 and title 32, United States Code; for oper18 ation and maintenance; for procurement; and for research, 

19 development, test and evaluation, $1,013,598,000, of 

20 which $681,109,000 shall be for counter-narcotics sup21 port; $119,589,000 shall be for the drug demand reduc22 tion program; $192,900,000 shall be for the National 

23 Guard counter-drug program; and $20,000,000 shall be 

24 for the National Guard counter-drug schools program: 

25 Provided, That the funds appropriated under this heading 


emcdonald on DSK67QTVN1PROD with BILLS
39 

•S 2130 PCS

1 shall be available for obligation for the same time period 

2 and for the same purpose as the appropriation to which 

3 transferred: Provided further, That upon a determination 

4 that all or part of the funds transferred from this appro5 priation are not necessary for the purposes provided here6 in, such amounts may be transferred back to this appro7 priation: Provided further, That the transfer authority pro8 vided under this heading is in addition to any other trans9 fer authority contained elsewhere in this Act. 

10 OFFICE OF THE INSPECTOR GENERAL

11 For expenses and activities of the Office of the In12 spector General in carrying out the provisions of the In13 spector General Act of 1978, as amended, $312,559,000, 

14 of which $310,459,000 shall be for operation and mainte15 nance, of which not to exceed $700,000 is available for 

16 emergencies and extraordinary expenses to be expended on 

17 the approval or authority of the Inspector General, and 

18 payments may be made on the Inspector General’s certifi19 cate of necessity for confidential military purposes; and 

20 of which $2,100,000, to remain available until September 

21 30, 2017, shall be for research, development, test and eval22 uation. 


emcdonald on DSK67QTVN1PROD with BILLS
40 

•S 2130 PCS

1 TITLE VII 

2 RELATED AGENCIES 

3 CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

4 DISABILITY SYSTEM FUND

5 For payment to the Central Intelligence Agency Re6 tirement and Disability System Fund, to maintain the 

7 proper funding level for continuing the operation of the 

8 Central Intelligence Agency Retirement and Disability 

9 System, $514,000,000. 

10 INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

11 For necessary expenses of the Intelligence Commu12 nity Management Account, $513,923,000. 

13 TITLE VIII 

14 GENERAL PROVISIONS 

15 SEC. 8001. No part of any appropriation contained 

16 in this Act shall be used for publicity or propaganda pur17 poses not authorized by the Congress. 

18 SEC. 8002. During the current fiscal year, provisions 

19 of law prohibiting the payment of compensation to, or em20 ployment of, any person not a citizen of the United States 

21 shall not apply to personnel of the Department of Defense: 

22 Provided, That salary increases granted to direct and indi23 rect hire foreign national employees of the Department of 

24 Defense funded by this Act shall not be at a rate in excess 

25 of the percentage increase authorized by law for civilian 


emcdonald on DSK67QTVN1PROD with BILLS
41 

•S 2130 PCS

1 employees of the Department of Defense whose pay is 

2 computed under the provisions of section 5332 of title 5, 

3 United States Code, or at a rate in excess of the percent4 age increase provided by the appropriate host nation to 

5 its own employees, whichever is higher: Provided further, 

6 That this section shall not apply to Department of De7 fense foreign service national employees serving at United 

8 States diplomatic missions whose pay is set by the Depart9 ment of State under the Foreign Service Act of 1980: Pro10 vided further, That the limitations of this provision shall 

11 not apply to foreign national employees of the Department 

12 of Defense in the Republic of Turkey. 

13 SEC. 8003. No part of any appropriation contained 

14 in this Act shall remain available for obligation beyond 

15 the current fiscal year, unless expressly so provided herein. 

16 SEC. 8004. No more than 20 percent of the appro17 priations in this Act which are limited for obligation dur18 ing the current fiscal year shall be obligated during the 

19 last 2 months of the fiscal year: Provided, That this sec20 tion shall not apply to obligations for support of active 

21 duty training of reserve components or summer camp 

22 training of the Reserve Officers’ Training Corps. 

23 (TRANSFER OF FUNDS)

24 SEC. 8005. Upon determination by the Secretary of 

25 Defense that such action is necessary in the national interVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
42 

•S 2130 PCS

1 est, he may, with the approval of the Office of Manage2 ment and Budget, transfer not to exceed $5,000,000,000 

3 of working capital funds of the Department of Defense 

4 or funds made available in this Act to the Department 

5 of Defense for military functions (except military con6 struction) between such appropriations or funds or any 

7 subdivision thereof, to be merged with and to be available 

8 for the same purposes, and for the same time period, as 

9 the appropriation or fund to which transferred: Provided, 

10 That such authority to transfer may not be used unless 

11 for higher priority items, based on unforeseen military re12 quirements, than those for which originally appropriated 

13 and in no case where the item for which funds are re14 quested has been denied by the Congress: Provided further, 

15 That the Secretary of Defense shall notify the Congress 

16 promptly of all transfers made pursuant to this authority 

17 or any other authority in this Act: Provided further, That 

18 no part of the funds in this Act shall be available to pre19 pare or present a request to the Committees on Appropria20 tions for reprogramming of funds, unless for higher pri21 ority items, based on unforeseen military requirements, 

22 than those for which originally appropriated and in no 

23 case where the item for which reprogramming is requested 

24 has been denied by the Congress: Provided further, That 

25 a request for multiple reprogrammings of funds using auVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
43 

•S 2130 PCS

1 thority provided in this section shall be made prior to June 

2 30, 2016: Provided further, That transfers among military 

3 personnel appropriations shall not be taken into account 

4 for purposes of the limitation on the amount of funds that 

5 may be transferred under this section. 

6 SEC. 8006. (a) With regard to the list of specific pro7 grams, projects, and activities (and the dollar amounts 

8 and adjustments to budget activities corresponding to 

9 such programs, projects, and activities) contained in the 

10 tables titled ‘‘Committee Recommended Adjustments’’ in 

11 the explanatory statement regarding this Act, the obliga12 tion and expenditure of amounts appropriated or other13 wise made available in this Act for those programs, 

14 projects, and activities for which the amounts appro15 priated exceed the amounts requested are hereby required 

16 by law to be carried out in the manner provided by such 

17 tables to the same extent as if the tables were included 

18 in the text of this Act. 

19 (b) Amounts specified in the referenced tables de20 scribed in subsection (a) shall not be treated as subdivi21 sions of appropriations for purposes of section 8005 of this 

22 Act: Provided, That section 8005 shall apply when trans23 fers of the amounts described in subsection (a) occur be24 tween appropriation accounts. 


emcdonald on DSK67QTVN1PROD with BILLS
44 

•S 2130 PCS

1 SEC. 8007. (a) Not later than 60 days after enact2 ment of this Act, the Department of Defense shall submit 

3 a report to the congressional defense committees to estab4 lish the baseline for application of reprogramming and 

5 transfer authorities for fiscal year 2016: Provided, That 

6 the report shall include— 

7 (1) a table for each appropriation with a sepa8 rate column to display the President’s budget re9 quest, adjustments made by Congress, adjustments 

10 due to enacted rescissions, if appropriate, and the 

11 fiscal year enacted level; 

12 (2) a delineation in the table for each appro13 priation both by budget activity and program, 

14 project, and activity as detailed in the Budget Ap15 pendix; and 

16 (3) an identification of items of special congres17 sional interest. 

18 (b) Notwithstanding section 8005 of this Act, none 

19 of the funds provided in this Act shall be available for 

20 reprogramming or transfer until the report identified in 

21 subsection (a) is submitted to the congressional defense 

22 committees, unless the Secretary of Defense certifies in 

23 writing to the congressional defense committees that such 

24 reprogramming or transfer is necessary as an emergency 

25 requirement: Provided, That this subsection shall not 


emcdonald on DSK67QTVN1PROD with BILLS
45 

•S 2130 PCS

1 apply to transfers from the following appropriations ac2 counts: 

3 (1) ‘‘Environmental Restoration, Army’’. 

4 (2) ‘‘Environmental Restoration, Navy’’. 

5 (3) ‘‘Environmental Restoration, Air Force’’. 

6 (4) ‘‘Environmental Restoration, Defense7 wide’’. 

8 (5) ‘‘Environmental Restoration, Formerly 

9 Used Defense Sites’’. 

10 (TRANSFER OF FUNDS)

11 SEC. 8008. During the current fiscal year, cash bal12 ances in working capital funds of the Department of De13 fense established pursuant to section 2208 of title 10, 

14 United States Code, may be maintained in only such 

15 amounts as are necessary at any time for cash disburse16 ments to be made from such funds: Provided, That trans17 fers may be made between such funds: Provided further, 

18 That transfers may be made between working capital 

19 funds and the ‘‘Foreign Currency Fluctuations, Defense’’ 

20 appropriation and the ‘‘Operation and Maintenance’’ ap21 propriation accounts in such amounts as may be deter22 mined by the Secretary of Defense, with the approval of 

23 the Office of Management and Budget, except that such 

24 transfers may not be made unless the Secretary of Defense 

25 has notified the Congress of the proposed transfer: ProVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
46 

•S 2130 PCS

1 vided further, That except in amounts equal to the 

2 amounts appropriated to working capital funds in this Act, 

3 no obligations may be made against a working capital fund 

4 to procure or increase the value of war reserve material 

5 inventory, unless the Secretary of Defense has notified the 

6 Congress prior to any such obligation. 

7 SEC. 8009. Funds appropriated by this Act may not 

8 be used to initiate a special access program without prior 

9 notification 30 calendar days in advance to the congres10 sional defense committees. 

11 SEC. 8010. None of the funds provided in this Act 

12 shall be available to initiate: (1) a multiyear contract that 

13 employs economic order quantity procurement in excess of 

14 $20,000,000 in any one year of the contract or that in15 cludes an unfunded contingent liability in excess of 

16 $20,000,000; or (2) a contract for advance procurement 

17 leading to a multiyear contract that employs economic 

18 order quantity procurement in excess of $20,000,000 in 

19 any one year, unless the congressional defense committees 

20 have been notified at least 30 days in advance of the pro21 posed contract award: Provided, That no part of any ap22 propriation contained in this Act shall be available to ini23 tiate a multiyear contract for which the economic order 

24 quantity advance procurement is not funded at least to 

25 the limits of the Government’s liability: Provided further, 


emcdonald on DSK67QTVN1PROD with BILLS
47 

•S 2130 PCS

1 That no part of any appropriation contained in this Act 

2 shall be available to initiate multiyear procurement con3 tracts for any systems or component thereof if the value 

4 of the multiyear contract would exceed $500,000,000 un5 less specifically provided in this Act: Provided further, 

6 That no multiyear procurement contract can be termi7 nated without 30-day prior notification to the congres8 sional defense committees: Provided further, That the exe9 cution of multiyear authority shall require the use of a 

10 present value analysis to determine lowest cost compared 

11 to an annual procurement: Provided further, That none of 

12 the funds provided in this Act may be used for a multiyear 

13 contract executed after the date of the enactment of this 

14 Act unless in the case of any such contract— 

15 (1) the Secretary of Defense has submitted to 

16 Congress a budget request for full funding of units 

17 to be procured through the contract and, in the case 

18 of a contract for procurement of aircraft, that in19 cludes, for any aircraft unit to be procured through 

20 the contract for which procurement funds are re21 quested in that budget request for production be22 yond advance procurement activities in the fiscal 

23 year covered by the budget, full funding of procure24 ment of such unit in that fiscal year; 


emcdonald on DSK67QTVN1PROD with BILLS
48 

•S 2130 PCS

1 (2) cancellation provisions in the contract do 

2 not include consideration of recurring manufacturing 

3 costs of the contractor associated with the produc4 tion of unfunded units to be delivered under the con5 tract; 

6 (3) the contract provides that payments to the 

7 contractor under the contract shall not be made in 

8 advance of incurred costs on funded units; and 

9 (4) the contract does not provide for a price ad10 justment based on a failure to award a follow-on 

11 contract. 

12 SEC. 8011. Within the funds appropriated for the op13 eration and maintenance of the Armed Forces, funds are 

14 hereby appropriated pursuant to section 401 of title 10, 

15 United States Code, for humanitarian and civic assistance 

16 costs under chapter 20 of title 10, United States Code. 

17 Such funds may also be obligated for humanitarian and 

18 civic assistance costs incidental to authorized operations 

19 and pursuant to authority granted in section 401 of chap20 ter 20 of title 10, United States Code, and these obliga21 tions shall be reported as required by section 401(d) of 

22 title 10, United States Code: Provided, That funds avail23 able for operation and maintenance shall be available for 

24 providing humanitarian and similar assistance by using 

25 Civic Action Teams in the Trust Territories of the Pacific 


emcdonald on DSK67QTVN1PROD with BILLS
49 

•S 2130 PCS

1 Islands and freely associated states of Micronesia, pursu2 ant to the Compact of Free Association as authorized by 

3 Public Law 99–239: Provided further, That upon a deter4 mination by the Secretary of the Army that such action 

5 is beneficial for graduate medical education programs con6 ducted at Army medical facilities located in Hawaii, the 

7 Secretary of the Army may authorize the provision of med8 ical services at such facilities and transportation to such 

9 facilities, on a nonreimbursable basis, for civilian patients 

10 from American Samoa, the Commonwealth of the North11 ern Mariana Islands, the Marshall Islands, the Federated 

12 States of Micronesia, Palau, and Guam. 

13 SEC. 8012. (a) During fiscal year 2016, the civilian 

14 personnel of the Department of Defense may not be man15 aged on the basis of any end-strength, and the manage16 ment of such personnel during that fiscal year shall not 

17 be subject to any constraint or limitation (known as an 

18 end-strength) on the number of such personnel who may 

19 be employed on the last day of such fiscal year. 

20 (b) The fiscal year 2017 budget request for the De21 partment of Defense as well as all justification material 

22 and other documentation supporting the fiscal year 2017 

23 Department of Defense budget request shall be prepared 

24 and submitted to the Congress as if subsections (a) and 


emcdonald on DSK67QTVN1PROD with BILLS
50 

•S 2130 PCS

1 (b) of this provision were effective with regard to fiscal 

2 year 2017. 

3 (c) Nothing in this section shall be construed to apply 

4 to military (civilian) technicians. 

5 SEC. 8013. None of the funds made available by this 

6 Act shall be used in any way, directly or indirectly, to in7 fluence congressional action on any legislation or appro8 priation matters pending before the Congress. 

9 SEC. 8014. None of the funds appropriated by this 

10 Act shall be available for the basic pay and allowances of 

11 any member of the Army participating as a full-time stu12 dent and receiving benefits paid by the Secretary of Vet13 erans Affairs from the Department of Defense Education 

14 Benefits Fund when time spent as a full-time student is 

15 credited toward completion of a service commitment: Pro16 vided, That this section shall not apply to those members 

17 who have reenlisted with this option prior to October 1, 

18 1987: Provided further, That this section applies only to 

19 active components of the Army. 

20 (TRANSFER OF FUNDS)

21 SEC. 8015. Funds appropriated in title III of this Act 

22 for the Department of Defense Pilot Mentor-Prote ́ge ́ Pro23 gram may be transferred to any other appropriation con24 tained in this Act solely for the purpose of implementing 

25 a Mentor-Prote ́ge ́ Program developmental assistance 


emcdonald on DSK67QTVN1PROD with BILLS
51 

•S 2130 PCS

1 agreement pursuant to section 831 of the National De2 fense Authorization Act for Fiscal Year 1991 (Public Law 

3 101–510; 10 U.S.C. 2302 note), as amended, under the 

4 authority of this provision or any other transfer authority 

5 contained in this Act. 

6 SEC. 8016. Of the amounts appropriated for ‘‘Work7 ing Capital Fund, Army’’, $145,000,000 shall be available 

8 to maintain competitive rates at the arsenals. 

9 SEC. 8017. None of the funds available to the De10 partment of Defense may be used to demilitarize or dis11 pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 

12 .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or 

13 to demilitarize or destroy small arms ammunition or am14 munition components that are not otherwise prohibited 

15 from commercial sale under Federal law, unless the small 

16 arms ammunition or ammunition components are certified 

17 by the Secretary of the Army or designee as unserviceable, 

18 unsuitable, or unsafe for further use. 

19 SEC. 8018. No more than $500,000 of the funds ap20 propriated or made available in this Act shall be used dur21 ing a single fiscal year for any single relocation of an orga22 nization, unit, activity or function of the Department of 

23 Defense into or within the National Capital Region: Pro24 vided, That the Secretary of Defense may waive this re25 striction on a case-by-case basis by certifying in writing 


emcdonald on DSK67QTVN1PROD with BILLS
52 

•S 2130 PCS

1 to the congressional defense committees that such a relo2 cation is required in the best interest of the Government. 

3 SEC. 8019. Of the funds made available in this Act, 

4 up to $15,000,000 may be available for incentive pay5 ments authorized by section 504 of the Indian Financing 

6 Act of 1974 (25 U.S.C. 1544): Provided, That a prime 

7 contractor or a subcontractor at any tier that makes a 

8 subcontract award to any subcontractor or supplier as de9 fined in section 1544 of title 25, United States Code, or 

10 a small business owned and controlled by an individual 

11 or individuals defined under section 4221(9) of title 25, 

12 United States Code, shall be considered a contractor for 

13 the purposes of being allowed additional compensation 

14 under section 504 of the Indian Financing Act of 1974 

15 (25 U.S.C. 1544) whenever the prime contract or sub16 contract amount is over $500,000 and involves the ex17 penditure of funds appropriated by an Act making appro18 priations for the Department of Defense with respect to 

19 any fiscal year: Provided further, That notwithstanding 

20 section 1906 of title 41, United States Code, this section 

21 shall be applicable to any Department of Defense acquisi22 tion of supplies or services, including any contract and any 

23 subcontract at any tier for acquisition of commercial items 

24 produced or manufactured, in whole or in part, by any 

25 subcontractor or supplier defined in section 1544 of title 


emcdonald on DSK67QTVN1PROD with BILLS
53 

•S 2130 PCS

1 25, United States Code, or a small business owned and 

2 controlled by an individual or individuals defined under 

3 section 4221(9) of title 25, United States Code. 

4 SEC. 8020. Funds appropriated by this Act for the 

5 Defense Media Activity shall not be used for any national 

6 or international political or psychological activities. 

7 SEC. 8021. During the current fiscal year, the De8 partment of Defense is authorized to incur obligations of 

9 not to exceed $350,000,000 for purposes specified in sec10 tion 2350j(c) of title 10, United States Code, in anticipa11 tion of receipt of contributions, only from the Government 

12 of Kuwait, under that section: Provided, That, upon re13 ceipt, such contributions from the Government of Kuwait 

14 shall be credited to the appropriations or fund which in15 curred such obligations. 

16 SEC. 8022. (a) Of the funds made available in this 

17 Act, not less than $39,805,000 shall be available for the 

18 Civil Air Patrol Corporation, of which— 

19 (1) $27,711,000 shall be available from ‘‘Oper20 ation and Maintenance, Air Force’’ to support Civil 

21 Air Patrol Corporation operation and maintenance, 

22 readiness, counter-drug activities, and drug demand 

23 reduction activities involving youth programs; 

24 (2) $10,417,000 shall be available from ‘‘Air25 craft Procurement, Air Force’’; and 


emcdonald on DSK67QTVN1PROD with BILLS
54 

•S 2130 PCS

1 (3) $1,677,000 shall be available from ‘‘Other 

2 Procurement, Air Force’’ for vehicle procurement. 

3 (b) The Secretary of the Air Force should waive reim4 bursement for any funds used by the Civil Air Patrol for 

5 counter-drug activities in support of Federal, State, and 

6 local government agencies. 

7 SEC. 8023. (a) None of the funds appropriated in this 

8 Act are available to establish a new Department of De9 fense (department) federally funded research and develop10 ment center (FFRDC), either as a new entity, or as a 

11 separate entity administrated by an organization man12 aging another FFRDC, or as a nonprofit membership cor13 poration consisting of a consortium of other FFRDCs and 

14 other nonprofit entities. 

15 (b) No member of a Board of Directors, Trustees, 

16 Overseers, Advisory Group, Special Issues Panel, Visiting 

17 Committee, or any similar entity of a defense FFRDC, 

18 and no paid consultant to any defense FFRDC, except 

19 when acting in a technical advisory capacity, may be com20 pensated for his or her services as a member of such enti21 ty, or as a paid consultant by more than one FFRDC in 

22 a fiscal year: Provided, That a member of any such entity 

23 referred to previously in this subsection shall be allowed 

24 travel expenses and per diem as authorized under the FedVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
55 

•S 2130 PCS

1 eral Joint Travel Regulations, when engaged in the per2 formance of membership duties. 

3 (c) Notwithstanding any other provision of law, none 

4 of the funds available to the department from any source 

5 during fiscal year 2016 may be used by a defense FFRDC, 

6 through a fee or other payment mechanism, for construc7 tion of new buildings, for payment of cost sharing for 

8 projects funded by Government grants, for absorption of 

9 contract overruns, or for certain charitable contributions, 

10 not to include employee participation in community service 

11 and/or development: Provided, That up to 1 percent of 

12 funds provided in this Act for support of defense FFRDCs 

13 may be used for planning and design of scientific or engi14 neering facilities: Provided further, That the Secretary of 

15 Defense shall notify the congressional defense committees 

16 15 days in advance of exercising the authority in the pre17 vious proviso. 

18 (d) Notwithstanding any other provision of law, of 

19 the funds available to the department during fiscal year 

20 2016, not more than 5,750 staff years of technical effort 

21 (staff years) may be funded for defense FFRDCs: Pro22 vided, That, of the specific amount referred to previously 

23 in this subsection, not more than 1,125 staff years may 

24 be funded for the defense studies and analysis FFRDCs: 

25 Provided further, That this subsection shall not apply to 


emcdonald on DSK67QTVN1PROD with BILLS
56 

•S 2130 PCS

1 staff years funded in the National Intelligence Program 

2 (NIP) and the Military Intelligence Program (MIP). 

3 (e) The Secretary of Defense shall, with the submis4 sion of the department’s fiscal year 2017 budget request, 

5 submit a report presenting the specific amounts of staff 

6 years of technical effort to be allocated for each defense 

7 FFRDC during that fiscal year and the associated budget 

8 estimates. 

9 (f) Notwithstanding any other provision of this Act, 

10 the total amount appropriated in this Act for FFRDCs 

11 is hereby reduced by $65,000,000. 

12 SEC. 8024. None of the funds appropriated or made 

13 available in this Act shall be used to procure carbon, alloy, 

14 or armor steel plate for use in any Government-owned fa15 cility or property under the control of the Department of 

16 Defense which were not melted and rolled in the United 

17 States or Canada: Provided, That these procurement re18 strictions shall apply to any and all Federal Supply Class 

19 9515, American Society of Testing and Materials (ASTM) 

20 or American Iron and Steel Institute (AISI) specifications 

21 of carbon, alloy or armor steel plate: Provided further, 

22 That the Secretary of the military department responsible 

23 for the procurement may waive this restriction on a case24 by-case basis by certifying in writing to the Committees 

25 on Appropriations of the House of Representatives and the 


emcdonald on DSK67QTVN1PROD with BILLS
57 

•S 2130 PCS

1 Senate that adequate domestic supplies are not available 

2 to meet Department of Defense requirements on a timely 

3 basis and that such an acquisition must be made in order 

4 to acquire capability for national security purposes: Pro5 vided further, That these restrictions shall not apply to 

6 contracts which are in being as of the date of the enact7 ment of this Act. 

8 SEC. 8025. For the purposes of this Act, the term 

9 ‘‘congressional defense committees’’ means the Armed 

10 Services Committee of the House of Representatives, the 

11 Armed Services Committee of the Senate, the Sub12 committee on Defense of the Committee on Appropriations 

13 of the Senate, and the Subcommittee on Defense of the 

14 Committee on Appropriations of the House of Representa15 tives. 

16 SEC. 8026. During the current fiscal year, the De17 partment of Defense may acquire the modification, depot 

18 maintenance and repair of aircraft, vehicles and vessels 

19 as well as the production of components and other De20 fense-related articles, through competition between De21 partment of Defense depot maintenance activities and pri22 vate firms: Provided, That the Senior Acquisition Execu23 tive of the military department or Defense Agency con24 cerned, with power of delegation, shall certify that success25 ful bids include comparable estimates of all direct and inVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
58 

•S 2130 PCS

1 direct costs for both public and private bids: Provided fur2 ther, That Office of Management and Budget Circular A– 

3 76 shall not apply to competitions conducted under this 

4 section. 

5 SEC. 8027. (a)(1) If the Secretary of Defense, after 

6 consultation with the United States Trade Representative, 

7 determines that a foreign country which is party to an 

8 agreement described in paragraph (2) has violated the 

9 terms of the agreement by discriminating against certain 

10 types of products produced in the United States that are 

11 covered by the agreement, the Secretary of Defense shall 

12 rescind the Secretary’s blanket waiver of the Buy Amer13 ican Act with respect to such types of products produced 

14 in that foreign country. 

15 (2) An agreement referred to in paragraph (1) is any 

16 reciprocal defense procurement memorandum of under17 standing, between the United States and a foreign country 

18 pursuant to which the Secretary of Defense has prospec19 tively waived the Buy American Act for certain products 

20 in that country. 

21 (b) The Secretary of Defense shall submit to the Con22 gress a report on the amount of Department of Defense 

23 purchases from foreign entities in fiscal year 2016. Such 

24 report shall separately indicate the dollar value of items 

25 for which the Buy American Act was waived pursuant to 


emcdonald on DSK67QTVN1PROD with BILLS
59 

•S 2130 PCS

1 any agreement described in subsection (a)(2), the Trade 

2 Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any 

3 international agreement to which the United States is a 

4 party. 

5 (c) For purposes of this section, the term ‘‘Buy 

6 American Act’’ means chapter 83 of title 41, United 

7 States Code. 

8 SEC. 8028. During the current fiscal year, amounts 

9 contained in the Department of Defense Overseas Military 

10 Facility Investment Recovery Account established by sec11 tion 2921(c)(1) of the National Defense Authorization Act 

12 of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall 

13 be available until expended for the payments specified by 

14 section 2921(c)(2) of that Act. 

15 SEC. 8029. (a) Notwithstanding any other provision 

16 of law, the Secretary of the Air Force may convey at no 

17 cost to the Air Force, without consideration, to Indian 

18 tribes located in the States of Nevada, Idaho, North Da19 kota, South Dakota, Montana, Oregon, Minnesota, and 

20 Washington relocatable military housing units located at 

21 Grand Forks Air Force Base, Malmstrom Air Force Base, 

22 Mountain Home Air Force Base, Ellsworth Air Force 

23 Base, and Minot Air Force Base that are excess to the 

24 needs of the Air Force. 


emcdonald on DSK67QTVN1PROD with BILLS
60 

•S 2130 PCS

1 (b) The Secretary of the Air Force shall convey, at 

2 no cost to the Air Force, military housing units under sub3 section (a) in accordance with the request for such units 

4 that are submitted to the Secretary by the Operation 

5 Walking Shield Program on behalf of Indian tribes located 

6 in the States of Nevada, Idaho, North Dakota, South Da7 kota, Montana, Oregon, Minnesota, and Washington. Any 

8 such conveyance shall be subject to the condition that the 

9 housing units shall be removed within a reasonable period 

10 of time, as determined by the Secretary. 

11 (c) The Operation Walking Shield Program shall re12 solve any conflicts among requests of Indian tribes for 

13 housing units under subsection (a) before submitting re14 quests to the Secretary of the Air Force under subsection 

15 (b). 

16 (d) In this section, the term ‘‘Indian tribe’’ means 

17 any recognized Indian tribe included on the current list 

18 published by the Secretary of the Interior under section 

19 104 of the Federally Recognized Indian Tribe Act of 1994 

20 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 479a– 

21 1). 

22 SEC. 8030. During the current fiscal year, appropria23 tions which are available to the Department of Defense 

24 for operation and maintenance may be used to purchase 


emcdonald on DSK67QTVN1PROD with BILLS
61 

•S 2130 PCS

1 items having an investment item unit cost of not more 

2 than $250,000. 

3 SEC. 8031. The Secretary of Defense shall issue reg4 ulations to prohibit the sale of any tobacco or tobacco5 related products in military resale outlets in the United 

6 States, its territories and possessions at a price below the 

7 most competitive price in the local community: Provided, 

8 That such regulations shall direct that the prices of to9 bacco or tobacco-related products in overseas military re10 tail outlets shall be within the range of prices established 

11 for military retail system stores located in the United 

12 States. 

13 SEC. 8032. (a) During the current fiscal year, none 

14 of the appropriations or funds available to the Department 

15 of Defense Working Capital Funds shall be used for the 

16 purchase of an investment item for the purpose of acquir17 ing a new inventory item for sale or anticipated sale dur18 ing the current fiscal year or a subsequent fiscal year to 

19 customers of the Department of Defense Working Capital 

20 Funds if such an item would not have been chargeable 

21 to the Department of Defense Business Operations Fund 

22 during fiscal year 1994 and if the purchase of such an 

23 investment item would be chargeable during the current 

24 fiscal year to appropriations made to the Department of 

25 Defense for procurement. 


emcdonald on DSK67QTVN1PROD with BILLS
62 

•S 2130 PCS

1 (b) The fiscal year 2017 budget request for the De2 partment of Defense as well as all justification material 

3 and other documentation supporting the fiscal year 2017 

4 Department of Defense budget shall be prepared and sub5 mitted to the Congress on the basis that any equipment 

6 which was classified as an end item and funded in a pro7 curement appropriation contained in this Act shall be 

8 budgeted for in a proposed fiscal year 2017 procurement 

9 appropriation and not in the supply management business 

10 area or any other area or category of the Department of 

11 Defense Working Capital Funds. 

12 SEC. 8033. None of the funds appropriated by this 

13 Act for programs of the Central Intelligence Agency shall 

14 remain available for obligation beyond the current fiscal 

15 year, except for funds appropriated for the Reserve for 

16 Contingencies, which shall remain available until Sep17 tember 30, 2017: Provided, That funds appropriated, 

18 transferred, or otherwise credited to the Central Intel19 ligence Agency Central Services Working Capital Fund 

20 during this or any prior or subsequent fiscal year shall 

21 remain available until expended: Provided further, That 

22 any funds appropriated or transferred to the Central Intel23 ligence Agency for advanced research and development ac24 quisition, for agent operations, and for covert action pro25 grams authorized by the President under section 503 of 


emcdonald on DSK67QTVN1PROD with BILLS
63 

•S 2130 PCS

1 the National Security Act of 1947 (50 U.S.C. 3093) shall 

2 remain available until September 30, 2017. 

3 SEC. 8034. Notwithstanding any other provision of 

4 law, funds made available in this Act for the Defense In5 telligence Agency may be used for the design, develop6 ment, and deployment of General Defense Intelligence 

7 Program intelligence communications and intelligence in8 formation systems for the Services, the Unified and Speci9 fied Commands, and the component commands. 

10 SEC. 8035. Of the funds appropriated to the Depart11 ment of Defense under the heading ‘‘Operation and Main12 tenance, Defense-Wide’’, not less than $12,000,000 may 

13 be made available only for the mitigation of environmental 

14 impacts, including training and technical assistance to 

15 tribes, related administrative support, the gathering of in16 formation, documenting of environmental damage, and de17 veloping a system for prioritization of mitigation and cost 

18 to complete estimates for mitigation, on Indian lands re19 sulting from Department of Defense activities. 

20 SEC. 8036. (a) None of the funds appropriated in this 

21 Act may be expended by an entity of the Department of 

22 Defense unless the entity, in expending the funds, com23 plies with the Buy American Act. For purposes of this 

24 subsection, the term ‘‘Buy American Act’’ means chapter 

25 83 of title 41, United States Code. 


emcdonald on DSK67QTVN1PROD with BILLS
64 

•S 2130 PCS

1 (b) If the Secretary of Defense determines that a per2 son has been convicted of intentionally affixing a label 

3 bearing a ‘‘Made in America’’ inscription to any product 

4 sold in or shipped to the United States that is not made 

5 in America, the Secretary shall determine, in accordance 

6 with section 2410f of title 10, United States Code, wheth7 er the person should be debarred from contracting with 

8 the Department of Defense. 

9 (c) In the case of any equipment or products pur10 chased with appropriations provided under this Act, it is 

11 the sense of the Congress that any entity of the Depart12 ment of Defense, in expending the appropriation, purchase 

13 only American-made equipment and products, provided 

14 that American-made equipment and products are cost15 competitive, quality competitive, and available in a timely 

16 fashion. 

17 SEC. 8037. None of the funds appropriated by this 

18 Act and hereafter shall be available for a contract for stud19 ies, analysis, or consulting services entered into without 

20 competition on the basis of an unsolicited proposal unless 

21 the head of the activity responsible for the procurement 

22 determines— 

23 (1) as a result of thorough technical evaluation, 

24 only one source is found fully qualified to perform 

25 the proposed work; 


emcdonald on DSK67QTVN1PROD with BILLS
65 

•S 2130 PCS

1 (2) the purpose of the contract is to explore an 

2 unsolicited proposal which offers significant sci3 entific or technological promise, represents the prod4 uct of original thinking, and was submitted in con5 fidence by one source; or 

6 (3) the purpose of the contract is to take ad7 vantage of unique and significant industrial accom8 plishment by a specific concern, or to insure that a 

9 new product or idea of a specific concern is given fi10 nancial support: Provided, That this limitation shall 

11 not apply to contracts in an amount of less than 

12 $25,000, contracts related to improvements of equip13 ment that is in development or production, or con14 tracts as to which a civilian official of the Depart15 ment of Defense, who has been confirmed by the 

16 Senate, determines that the award of such contract 

17 is in the interest of the national defense. 

18 SEC. 8038. (a) Except as provided in subsections (b) 

19 and (c), none of the funds made available by this Act may 

20 be used— 

21 (1) to establish a field operating agency; or 

22 (2) to pay the basic pay of a member of the 

23 Armed Forces or civilian employee of the depart24 ment who is transferred or reassigned from a headVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
66 

•S 2130 PCS

1 quarters activity if the member or employee’s place 

2 of duty remains at the location of that headquarters. 

3 (b) The Secretary of Defense or Secretary of a mili4 tary department may waive the limitations in subsection 

5 (a), on a case-by-case basis, if the Secretary determines, 

6 and certifies to the Committees on Appropriations of the 

7 House of Representatives and the Senate that the grant8 ing of the waiver will reduce the personnel requirements 

9 or the financial requirements of the department. 

10 (c) This section does not apply to— 

11 (1) field operating agencies funded within the 

12 National Intelligence Program; 

13 (2) an Army field operating agency established 

14 to eliminate, mitigate, or counter the effects of im15 provised explosive devices, and, as determined by the 

16 Secretary of the Army, other similar threats; 

17 (3) an Army field operating agency established 

18 to improve the effectiveness and efficiencies of bio19 metric activities and to integrate common biometric 

20 technologies throughout the Department of Defense; 

21 or 

22 (4) an Air Force field operating agency estab23 lished to administer the Air Force Mortuary Affairs 

24 Program and Mortuary Operations for the Depart25 ment of Defense and authorized Federal entities. 


emcdonald on DSK67QTVN1PROD with BILLS
67 

•S 2130 PCS

1 SEC. 8039. (a) None of the funds appropriated by 

2 this Act shall be available to convert to contractor per3 formance an activity or function of the Department of De4 fense that, on or after the date of the enactment of this 

5 Act, is performed by Department of Defense civilian em6 ployees unless— 

7 (1) the conversion is based on the result of a 

8 public-private competition that includes a most effi9 cient and cost effective organization plan developed 

10 by such activity or function; 

11 (2) the Competitive Sourcing Official deter12 mines that, over all performance periods stated in 

13 the solicitation of offers for performance of the ac14 tivity or function, the cost of performance of the ac15 tivity or function by a contractor would be less costly 

16 to the Department of Defense by an amount that 

17 equals or exceeds the lesser of— 

18 (A) 10 percent of the most efficient organi19 zation’s personnel-related costs for performance 

20 of that activity or function by Federal employ21 ees; or 

22 (B) $10,000,000; and 

23 (3) the contractor does not receive an advan24 tage for a proposal that would reduce costs for the 

25 Department of Defense by— 


emcdonald on DSK67QTVN1PROD with BILLS
68 

•S 2130 PCS

1 (A) not making an employer-sponsored 

2 health insurance plan available to the workers 

3 who are to be employed in the performance of 

4 that activity or function under the contract; or 

5 (B) offering to such workers an employer6 sponsored health benefits plan that requires the 

7 employer to contribute less towards the pre8 mium or subscription share than the amount 

9 that is paid by the Department of Defense for 

10 health benefits for civilian employees under 

11 chapter 89 of title 5, United States Code. 

12 (b)(1) The Department of Defense, without regard 

13 to subsection (a) of this section or subsection (a), (b), or 

14 (c) of section 2461 of title 10, United States Code, and 

15 notwithstanding any administrative regulation, require16 ment, or policy to the contrary shall have full authority 

17 to enter into a contract for the performance of any com18 mercial or industrial type function of the Department of 

19 Defense that— 

20 (A) is included on the procurement list estab21 lished pursuant to section 2 of the Javits-Wagner22 O’Day Act (section 8503 of title 41, United States 

23 Code); 

24 (B) is planned to be converted to performance 

25 by a qualified nonprofit agency for the blind or by 


emcdonald on DSK67QTVN1PROD with BILLS
69 

•S 2130 PCS

1 a qualified nonprofit agency for other severely handi2 capped individuals in accordance with that Act; or 

3 (C) is planned to be converted to performance 

4 by a qualified firm under at least 51 percent owner5 ship by an Indian tribe, as defined in section 4(e) 

6 of the Indian Self-Determination and Education As7 sistance Act (25 U.S.C. 450b(e)), or a Native Ha8 waiian Organization, as defined in section 8(a)(15) 

9 of the Small Business Act (15 U.S.C. 637(a)(15)). 

10 (2) This section shall not apply to depot contracts 

11 or contracts for depot maintenance as provided in sections 

12 2469 and 2474 of title 10, United States Code. 

13 (c) The conversion of any activity or function of the 

14 Department of Defense under the authority provided by 

15 this section shall be credited toward any competitive or 

16 outsourcing goal, target, or measurement that may be es17 tablished by statute, regulation, or policy and is deemed 

18 to be awarded under the authority of, and in compliance 

19 with, subsection (h) of section 2304 of title 10, United 

20 States Code, for the competition or outsourcing of com21 mercial activities. 

22 (RESCISSIONS)

23 SEC. 8040. Of the funds appropriated in Department 

24 of Defense Appropriations Acts, the following funds are 

25 hereby rescinded from the following accounts and proVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
70 

•S 2130 PCS

1 grams in the specified amounts: Provided, That no 

2 amounts may be rescinded from amounts that were des3 ignated by the Congress for Overseas Contingency Oper4 ations/Global War on Terrorism or as an emergency re5 quirement pursuant to the Concurrent Resolution on the 

6 Budget or the Balanced Budget and Emergency Deficit 

7 Control Act of 1985, as amended: 

8 ‘‘Cooperative Threat Reduction Account’’, 

9 2014/2016, $23,727,000; 

10 ‘‘Other Procurement, Air Force’’, 2014/2016, 

11 $78,000,000; 

12 ‘‘Cooperative Threat Reduction Account’’, 

13 2015/2017, $13,345,000; 

14 ‘‘Aircraft Procurement, Army’’, 2015/2017, 

15 $68,000,000; 

16 ‘‘Aircraft Procurement, Air Force’’, 2015/2017, 

17 $139,976,000; 

18 ‘‘Missile Procurement, Air Force’’, 2015/2017, 

19 $212,000,000; 

20 ‘‘Other Procurement, Air Force’’, 2015/2017, 

21 $9,000,000; 

22 ‘‘Research, Development, Test and Evaluation, 

23 Army’’, 2015/2016, $9,299,000; 

24 ‘‘Research, Development, Test and Evaluation, 

25 Air Force’’, 2015/2016, $665,000,000; and 


emcdonald on DSK67QTVN1PROD with BILLS
71 

•S 2130 PCS

1 ‘‘Research, Development, Test and Evaluation, 

2 Defense-Wide’’, 2015/2016, $60,691,000. 

3 SEC. 8041. None of the funds available in this Act 

4 may be used to reduce the authorized positions for mili5 tary technicians (dual status) of the Army National 

6 Guard, Air National Guard, Army Reserve and Air Force 

7 Reserve for the purpose of applying any administratively 

8 imposed civilian personnel ceiling, freeze, or reduction on 

9 military technicians (dual status), unless such reductions 

10 are a direct result of a reduction in military force struc11 ture. 

12 SEC. 8042. None of the funds appropriated or other13 wise made available in this Act may be obligated or ex14 pended for assistance to the Democratic People’s Republic 

15 of Korea unless specifically appropriated for that purpose. 

16 SEC. 8043. Funds appropriated in this Act for oper17 ation and maintenance of the Military Departments, Com18 batant Commands and Defense Agencies shall be available 

19 for reimbursement of pay, allowances and other expenses 

20 which would otherwise be incurred against appropriations 

21 for the National Guard and Reserve when members of the 

22 National Guard and Reserve provide intelligence or coun23 terintelligence support to Combatant Commands, Defense 

24 Agencies and Joint Intelligence Activities, including the 

25 activities and programs included within the National IntelVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
72 

•S 2130 PCS

1 ligence Program and the Military Intelligence Program: 

2 Provided, That nothing in this section authorizes deviation 

3 from established Reserve and National Guard personnel 

4 and training procedures. 

5 SEC. 8044. (a) None of the funds available to the 

6 Department of Defense for any fiscal year for drug inter7 diction or counter-drug activities may be transferred to 

8 any other department or agency of the United States ex9 cept as specifically provided in an appropriations law. 

10 (b) None of the funds available to the Central Intel11 ligence Agency for any fiscal year for drug interdiction or 

12 counter-drug activities may be transferred to any other de13 partment or agency of the United States except as specifi14 cally provided in an appropriations law. 

15 SEC. 8045. None of the funds made available by this 

16 Act may be used for Evolved Expendable Launch Vehicle 

17 launch service competitions unless such competitions are 

18 open to all certified providers of Evolved Expendable 

19 Launch Vehicle-class systems: Provided, That competi20 tions for launches with multiple service providers shall 

21 consider bids from two or more providers: Provided fur22 ther, That notwithstanding any other provision of law, 

23 such providers may compete any certified launch vehicle 

24 in their inventory. 


emcdonald on DSK67QTVN1PROD with BILLS
73 

•S 2130 PCS

1 SEC. 8046. In addition to the amounts appropriated 

2 or otherwise made available elsewhere in this Act, 

3 $20,000,000 is hereby appropriated to the Department of 

4 Defense: Provided, That upon the determination of the 

5 Secretary of Defense that it shall serve the national inter6 est, the Secretary shall make a grant in the amount speci7 fied as follows: $20,000,000 to the United Service Organi8 zations. 

9 SEC. 8047. None of the funds in this Act may be 

10 used to purchase any supercomputer which is not manu11 factured in the United States, unless the Secretary of De12 fense certifies to the congressional defense committees 

13 that such an acquisition must be made in order to acquire 

14 capability for national security purposes that is not avail15 able from United States manufacturers. 

16 SEC. 8048. Notwithstanding any other provision in 

17 this Act, the Small Business Innovation Research program 

18 and the Small Business Technology Transfer program set19 asides shall be taken proportionally from all programs, 

20 projects, or activities to the extent they contribute to the 

21 extramural budget. 

22 SEC. 8049. None of the funds available to the De23 partment of Defense under this Act shall be obligated or 

24 expended to pay a contractor under a contract with the 


emcdonald on DSK67QTVN1PROD with BILLS
74 

•S 2130 PCS

1 Department of Defense for costs of any amount paid by 

2 the contractor to an employee when— 

3 (1) such costs are for a bonus or otherwise in 

4 excess of the normal salary paid by the contractor 

5 to the employee; and 

6 (2) such bonus is part of restructuring costs as7 sociated with a business combination. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 8050. During the current fiscal year, no more 

10 than $30,000,000 of appropriations made in this Act 

11 under the heading ‘‘Operation and Maintenance, Defense12 Wide’’ may be transferred to appropriations available for 

13 the pay of military personnel, to be merged with, and to 

14 be available for the same time period as the appropriations 

15 to which transferred, to be used in support of such per16 sonnel in connection with support and services for eligible 

17 organizations and activities outside the Department of De18 fense pursuant to section 2012 of title 10, United States 

19 Code. 

20 SEC. 8051. During the current fiscal year, in the case 

21 of an appropriation account of the Department of Defense 

22 for which the period of availability for obligation has ex23 pired or which has closed under the provisions of section 

24 1552 of title 31, United States Code, and which has a 

25 negative unliquidated or unexpended balance, an obligaVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
75 

•S 2130 PCS

1 tion or an adjustment of an obligation may be charged 

2 to any current appropriation account for the same purpose 

3 as the expired or closed account if— 

4 (1) the obligation would have been properly 

5 chargeable (except as to amount) to the expired or 

6 closed account before the end of the period of avail7 ability or closing of that account; 

8 (2) the obligation is not otherwise properly 

9 chargeable to any current appropriation account of 

10 the Department of Defense; and 

11 (3) in the case of an expired account, the obli12 gation is not chargeable to a current appropriation 

13 of the Department of Defense under the provisions 

14 of section 1405(b)(8) of the National Defense Au15 thorization Act for Fiscal Year 1991, Public Law 

16 101–510, as amended (31 U.S.C. 1551 note): Pro17 vided, That in the case of an expired account, if sub18 sequent review or investigation discloses that there 

19 was not in fact a negative unliquidated or unex20 pended balance in the account, any charge to a cur21 rent account under the authority of this section shall 

22 be reversed and recorded against the expired ac23 count: Provided further, That the total amount 

24 charged to a current appropriation under this secVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
76 

•S 2130 PCS

1 tion may not exceed an amount equal to 1 percent 

2 of the total appropriation for that account. 

3 SEC. 8052. (a) Notwithstanding any other provision 

4 of law, the Chief of the National Guard Bureau may per5 mit the use of equipment of the National Guard Distance 

6 Learning Project by any person or entity on a space-avail7 able, reimbursable basis. The Chief of the National Guard 

8 Bureau shall establish the amount of reimbursement for 

9 such use on a case-by-case basis. 

10 (b) Amounts collected under subsection (a) shall be 

11 credited to funds available for the National Guard Dis12 tance Learning Project and be available to defray the costs 

13 associated with the use of equipment of the project under 

14 that subsection. Such funds shall be available for such 

15 purposes without fiscal year limitation. 

16 SEC. 8053. None of the funds available to the De17 partment of Defense may be obligated to modify command 

18 and control relationships to give Fleet Forces Command 

19 operational and administrative control of United States 

20 Navy forces assigned to the Pacific fleet: Provided, That 

21 the command and control relationships which existed on 

22 October 1, 2004, shall remain in force unless changes are 

23 specifically authorized in a subsequent Act: Provided fur24 ther, That this section does not apply to administrative 

25 control of Navy Air and Missile Defense Command. 


emcdonald on DSK67QTVN1PROD with BILLS
77 

•S 2130 PCS

1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 8054. Of the funds appropriated in this Act 

3 under the heading ‘‘Operation and Maintenance, Defense4 wide’’, $25,000,000 shall be for continued implementation 

5 and expansion of the Sexual Assault Special Victims’ 

6 Counsel Program: Provided, That the funds are made 

7 available for transfer to the Department of the Army, the 

8 Department of the Navy, and the Department of the Air 

9 Force: Provided further, That funds transferred shall be 

10 merged with and available for the same purposes and for 

11 the same time period as the appropriations to which the 

12 funds are transferred: Provided further, That this transfer 

13 authority is in addition to any other transfer authority 

14 provided in this Act. 

15 SEC. 8055. None of the funds appropriated in title 

16 IV of this Act may be used to procure end-items for deliv17 ery to military forces for operational training, operational 

18 use or inventory requirements: Provided, That this restric19 tion does not apply to end-items used in development, 

20 prototyping, and test activities preceding and leading to 

21 acceptance for operational use: Provided further, That this 

22 restriction does not apply to programs funded within the 

23 National Intelligence Program: Provided further, That the 

24 Secretary of Defense may waive this restriction on a case25 by-case basis by certifying in writing to the Committees 


emcdonald on DSK67QTVN1PROD with BILLS
78 

•S 2130 PCS

1 on Appropriations of the House of Representatives and the 

2 Senate that it is in the national security interest to do 

3 so. 

4 SEC. 8056. (a) The Secretary of Defense may, on a 

5 case-by-case basis, waive with respect to a foreign country 

6 each limitation on the procurement of defense items from 

7 foreign sources provided in law if the Secretary determines 

8 that the application of the limitation with respect to that 

9 country would invalidate cooperative programs entered 

10 into between the Department of Defense and the foreign 

11 country, or would invalidate reciprocal trade agreements 

12 for the procurement of defense items entered into under 

13 section 2531 of title 10, United States Code, and the 

14 country does not discriminate against the same or similar 

15 defense items produced in the United States for that coun16 try. 

17 (b) Subsection (a) applies with respect to— 

18 (1) contracts and subcontracts entered into on 

19 or after the date of the enactment of this Act; and 

20 (2) options for the procurement of items that 

21 are exercised after such date under contracts that 

22 are entered into before such date if the option prices 

23 are adjusted for any reason other than the applica24 tion of a waiver granted under subsection (a). 


emcdonald on DSK67QTVN1PROD with BILLS
79 

•S 2130 PCS

1 (c) Subsection (a) does not apply to a limitation re2 garding construction of public vessels, ball and roller bear3 ings, food, and clothing or textile materials as defined by 

4 section 11 (chapters 50–65) of the Harmonized Tariff 

5 Schedule and products classified under headings 4010, 

6 4202, 4203, 6401 through 6406, 6505, 7019, 7218 

7 through 7229, 7304.41 through 7304.49, 7306.40, 7502 

8 through 7508, 8105, 8108, 8109, 8211, 8215, and 9404. 

9 SEC. 8057. Notwithstanding any other provision of 

10 law, none of the funds appropriated or otherwise made 

11 available by this or any other Act may be used to consoli12 date or relocate any element of a United States Air Force 

13 Rapid Engineer Deployable Heavy Operational Repair 

14 Squadron Engineer (RED HORSE) outside of the United 

15 States until the Secretary of the Air Force— 

16 (1) completes an analysis and comparison of 

17 the cost and infrastructure investment required to 

18 consolidate or relocate a RED HORSE squadron 

19 outside of the United States versus within the 

20 United States; 

21 (2) provides to the congressional defense com22 mittees a report detailing the findings of the cost 

23 analysis; and 

24 (3) certifies in writing to the congressional de25 fense committees that the preferred site for the conVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
80 

•S 2130 PCS

1 solidation or relocation yields the greatest savings 

2 for the Air Force: 

3 Provided, That the term ‘‘United States’’ in this section 

4 does not include any territory or possession of the United 

5 States. 

6 SEC. 8058. None of the funds appropriated or other7 wise made available by this or other Department of De8 fense Appropriations Acts may be obligated or expended 

9 for the purpose of performing repairs or maintenance to 

10 military family housing units of the Department of De11 fense, including areas in such military family housing 

12 units that may be used for the purpose of conducting offi13 cial Department of Defense business. 

14 SEC. 8059. Notwithstanding any other provision of 

15 law, funds appropriated in this Act under the heading 

16 ‘‘Research, Development, Test and Evaluation, Defense17 Wide’’ for any new start advanced concept technology 

18 demonstration project or joint capability demonstration 

19 project may only be obligated 45 days after a report, in20 cluding a description of the project, the planned acquisi21 tion and transition strategy and its estimated annual and 

22 total cost, has been provided in writing to the congres23 sional defense committees: Provided, That the Secretary 

24 of Defense may waive this restriction on a case-by-case 


emcdonald on DSK67QTVN1PROD with BILLS
81 

•S 2130 PCS

1 basis by certifying to the congressional defense committees 

2 that it is in the national interest to do so. 

3 SEC. 8060. The Secretary of Defense shall continue 

4 to provide a classified quarterly report to the House and 

5 Senate Appropriations Committees, Subcommittees on 

6 Defense on certain matters as directed in the classified 

7 annex accompanying this Act. 

8 SEC. 8061. Notwithstanding section 12310(b) of title 

9 10, United States Code, a Reserve who is a member of 

10 the National Guard serving on full-time National Guard 

11 duty under section 502(f) of title 32, United States Code, 

12 may perform duties in support of the ground-based ele13 ments of the National Ballistic Missile Defense System. 

14 SEC. 8062. None of the funds provided in this Act 

15 may be used to transfer to any nongovernmental entity 

16 ammunition held by the Department of Defense that has 

17 a center-fire cartridge and a United States military no18 menclature designation of ‘‘armor penetrator’’, ‘‘armor 

19 piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or 

20 ‘‘armor-piercing incendiary tracer (API–T)’’, except to an 

21 entity performing demilitarization services for the Depart22 ment of Defense under a contract that requires the entity 

23 to demonstrate to the satisfaction of the Department of 

24 Defense that armor piercing projectiles are either: (1) ren25 dered incapable of reuse by the demilitarization process; 


emcdonald on DSK67QTVN1PROD with BILLS
82 

•S 2130 PCS

1 or (2) used to manufacture ammunition pursuant to a con2 tract with the Department of Defense or the manufacture 

3 of ammunition for export pursuant to a License for Per4 manent Export of Unclassified Military Articles issued by 

5 the Department of State. 

6 SEC. 8063. Notwithstanding any other provision of 

7 law, the Chief of the National Guard Bureau, or his des8 ignee, may waive payment of all or part of the consider9 ation that otherwise would be required under section 2667 

10 of title 10, United States Code, in the case of a lease of 

11 personal property for a period not in excess of 1 year to 

12 any organization specified in section 508(d) of title 32, 

13 United States Code, or any other youth, social, or fra14 ternal nonprofit organization as may be approved by the 

15 Chief of the National Guard Bureau, or his designee, on 

16 a case-by-case basis. 

17 SEC. 8064. None of the funds appropriated by this 

18 Act shall be used for the support of any nonappropriated 

19 funds activity of the Department of Defense that procures 

20 malt beverages and wine with nonappropriated funds for 

21 resale (including such alcoholic beverages sold by the 

22 drink) on a military installation located in the United 

23 States unless such malt beverages and wine are procured 

24 within that State, or in the case of the District of Colum25 bia, within the District of Columbia, in which the military 


emcdonald on DSK67QTVN1PROD with BILLS
83 

•S 2130 PCS

1 installation is located: Provided, That, in a case in which 

2 the military installation is located in more than one State, 

3 purchases may be made in any State in which the installa4 tion is located: Provided further, That such local procure5 ment requirements for malt beverages and wine shall 

6 apply to all alcoholic beverages only for military installa7 tions in States which are not contiguous with another 

8 State: Provided further, That alcoholic beverages other 

9 than wine and malt beverages, in contiguous States and 

10 the District of Columbia shall be procured from the most 

11 competitive source, price and other factors considered. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 8065. Of the amounts appropriated in this Act 

14 under the heading ‘‘Operation and Maintenance, Army’’, 

15 $76,611,750 shall remain available until expended: Pro16 vided, That, notwithstanding any other provision of law, 

17 the Secretary of Defense is authorized to transfer such 

18 funds to other activities of the Federal Government: Pro19 vided further, That the Secretary of Defense is authorized 

20 to enter into and carry out contracts for the acquisition 

21 of real property, construction, personal services, and oper22 ations related to projects carrying out the purposes of this 

23 section: Provided further, That contracts entered into 

24 under the authority of this section may provide for such 

25 indemnification as the Secretary determines to be necVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
84 

•S 2130 PCS

1 essary: Provided further, That projects authorized by this 

2 section shall comply with applicable Federal, State, and 

3 local law to the maximum extent consistent with the na4 tional security, as determined by the Secretary of Defense. 

5 SEC. 8066. (a) None of the funds appropriated in this 

6 or any other Act may be used to take any action to mod7 ify— 

8 (1) the appropriations account structure for the 

9 National Intelligence Program budget, including 

10 through the creation of a new appropriation or new 

11 appropriation account; 

12 (2) how the National Intelligence Program 

13 budget request is presented in the unclassified P–1, 

14 R–1, and O–1 documents supporting the Depart15 ment of Defense budget request; 

16 (3) the process by which the National Intel17 ligence Program appropriations are apportioned to 

18 the executing agencies; or 

19 (4) the process by which the National Intel20 ligence Program appropriations are allotted, obli21 gated and disbursed. 

22 (b) Nothing in section (a) shall be construed to pro23 hibit the merger of programs or changes to the National 

24 Intelligence Program budget at or below the Expenditure 


emcdonald on DSK67QTVN1PROD with BILLS
85 

•S 2130 PCS

1 Center level, provided such change is otherwise in accord2 ance with paragraphs (a)(1)–(3). 

3 (c) The Director of National Intelligence and the Sec4 retary of Defense may jointly, only for the purposes of 

5 achieving auditable financial statements and improving 

6 fiscal reporting, study and develop detailed proposals for 

7 alternative financial management processes. Such study 

8 shall include a comprehensive counterintelligence risk as9 sessment to ensure that none of the alternative processes 

10 will adversely affect counterintelligence. 

11 (d) Upon development of the detailed proposals de12 fined under subsection (c), the Director of National Intel13 ligence and the Secretary of Defense shall— 

14 (1) provide the proposed alternatives to all af15 fected agencies; 

16 (2) receive certification from all affected agen17 cies attesting that the proposed alternatives will help 

18 achieve auditability, improve fiscal reporting, and 

19 will not adversely affect counterintelligence; and 

20 (3) not later than 30 days after receiving all 

21 necessary certifications under paragraph (2), present 

22 the proposed alternatives and certifications to the 

23 congressional defense and intelligence committees. 

24 SEC. 8067. Of the amount appropriated by title VI 

25 under the heading ‘‘DEFENSE HEALTH PROGRAM’’, 


emcdonald on DSK67QTVN1PROD with BILLS
86 

•S 2130 PCS

1 $10,000,000 shall be available for peer-reviewed medical 

2 research on amyotrophic lateral sclerosis (ALS). 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 8068. Of the amounts appropriated in this Act 

5 under the headings ‘‘Procurement, Defense-Wide’’ and 

6 ‘‘Research, Development, Test and Evaluation, Defense7 Wide’’, $473,995,000 shall be for the Israeli Cooperative 

8 Programs: Provided, That of this amount, $41,400,000 

9 shall be for the Secretary of Defense to provide to the Gov10 ernment of Israel for the procurement of the Iron Dome 

11 defense system to counter short-range rocket threats, sub12 ject to the U.S.-Israel Iron Dome Procurement Agree13 ment, as amended; $286,526,000 shall be for the Short 

14 Range Ballistic Missile Defense (SRBMD) program, in15 cluding cruise missile defense research and development 

16 under the SRBMD program, of which $150,000,000 shall 

17 be for production activities of SRBMD missiles in the 

18 United States and in Israel to meet Israel’s defense re19 quirements consistent with each nation’s laws, regulations, 

20 and procedures, of which not more than $90,000,000, sub21 ject to previously established transfer procedures, may be 

22 obligated or expended until establishment of a U.S.-Israeli 

23 production agreement for SRBMD; $89,550,000 shall be 

24 for an upper-tier component to the Israeli Missile Defense 

25 Architecture, of which not more than $15,000,000, subject 


emcdonald on DSK67QTVN1PROD with BILLS
87 

•S 2130 PCS

1 to previously established transfer procedures, may be obli2 gated or expended until establishment of a U.S.-Israeli 

3 production agreement; and $56,519,000 shall be for the 

4 Arrow System Improvement Program including develop5 ment of a long range, ground and airborne, detection 

6 suite: Provided further, That funds made available under 

7 this provision for production of missiles and missile com8 ponents may be transferred to appropriations available for 

9 the procurement of weapons and equipment, to be merged 

10 with and to be available for the same time period and the 

11 same purposes as the appropriation to which transferred: 

12 Provided further, That the transfer authority provided 

13 under this provision is in addition to any other transfer 

14 authority contained in this Act. 

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 8069. Of the amounts appropriated in this Act 

17 under the heading ‘‘Shipbuilding and Conversion, Navy’’, 

18 $389,305,000 shall be available until September 30, 2016, 

19 to fund prior year shipbuilding cost increases: Provided, 

20 That upon enactment of this Act, the Secretary of the 

21 Navy shall transfer funds to the following appropriations 

22 in the amounts specified: Provided further, That the 

23 amounts transferred shall be merged with and be available 

24 for the same purposes as the appropriations to which 

25 transferred to: 


emcdonald on DSK67QTVN1PROD with BILLS
88 

•S 2130 PCS

1 (1) Under the heading ‘‘Shipbuilding and Con2 version, Navy’’, 2008/2016: Carrier Replacement 

3 Program $123,760,000; 

4 (2) Under the heading ‘‘Shipbuilding and Con5 version, Navy’’, 2009/2016: LPD–17 Amphibious 

6 Transport Dock Program $22,860,000; 

7 (3) Under the heading ‘‘Shipbuilding and Con8 version, Navy’’, 2012/2016: CVN Refueling Over9 hauls Program $20,029,000; 

10 (4) Under the heading ‘‘Shipbuilding and Con11 version, Navy’’, 2012/2016: DDG–51 Destroyer 

12 $75,014,000; 

13 (5) Under the heading ‘‘Shipbuilding and Con14 version, Navy’’, 2012/2016: Littoral Combat Ship 

15 $82,674,000; 

16 (6) Under the heading ‘‘Shipbuilding and Con17 version, Navy’’, 2012/2016: LPD–17 Amphibious 

18 Transport Dock Program $38,733,000; 

19 (7) Under the heading ‘‘Shipbuilding and Con20 version, Navy’’, 2012/2016: Joint High Speed Vessel 

21 $22,597,000; and 

22 (8) Under the heading ‘‘Shipbuilding and Con23 version, Navy’’, 2013/2016: Joint High Speed Vessel 

24 $3,638,000. 


emcdonald on DSK67QTVN1PROD with BILLS
89 

•S 2130 PCS

1 SEC. 8070. Funds appropriated by this Act, or made 

2 available by the transfer of funds in this Act, for intel3 ligence activities are deemed to be specifically authorized 

4 by the Congress for purposes of section 504 of the Na5 tional Security Act of 1947 (50 U.S.C. 3094) during fiscal 

6 year 2016 until the enactment of the Intelligence Author7 ization Act for Fiscal Year 2016. 

8 SEC. 8071. None of the funds provided in this Act 

9 shall be available for obligation or expenditure through a 

10 reprogramming of funds that creates or initiates a new 

11 program, project, or activity unless such program, project, 

12 or activity must be undertaken immediately in the interest 

13 of national security and only after written prior notifica14 tion to the congressional defense committees. 

15 SEC. 8072. The budget of the President for fiscal 

16 year 2017 submitted to the Congress pursuant to section 

17 1105 of title 31, United States Code, shall include sepa18 rate budget justification documents for costs of United 

19 States Armed Forces’ participation in contingency oper20 ations for the Military Personnel accounts, the Operation 

21 and Maintenance accounts, the Procurement accounts, 

22 and the Research, Development, Test and Evaluation ac23 counts: Provided, That these documents shall include a de24 scription of the funding requested for each contingency op25 eration, for each military service, to include all Active and 


emcdonald on DSK67QTVN1PROD with BILLS
90 

•S 2130 PCS

1 Reserve components, and for each appropriations account: 

2 Provided further, That these documents shall include esti3 mated costs for each element of expense or object class, 

4 a reconciliation of increases and decreases for each contin5 gency operation, and programmatic data including, but 

6 not limited to, troop strength for each Active and Reserve 

7 component, and estimates of the major weapons systems 

8 deployed in support of each contingency: Provided further, 

9 That these documents shall include budget exhibits OP– 

10 5 and OP–32 (as defined in the Department of Defense 

11 Financial Management Regulation) for all contingency op12 erations for the budget year and the two preceding fiscal 

13 years. 

14 SEC. 8073. None of the funds in this Act may be 

15 used for research, development, test, evaluation, procure16 ment or deployment of nuclear armed interceptors of a 

17 missile defense system. 

18 SEC. 8074. Notwithstanding any other provision of 

19 this Act, to reflect savings due to favorable foreign ex20 change rates, the total amount appropriated in this Act 

21 is hereby reduced by $1,201,800,000. 

22 SEC. 8075. None of the funds appropriated or made 

23 available in this Act shall be used to reduce or disestablish 

24 the operation of the 53rd Weather Reconnaissance Squad25 ron of the Air Force Reserve, if such action would reduce 


emcdonald on DSK67QTVN1PROD with BILLS
91 

•S 2130 PCS

1 the WC–130 Weather Reconnaissance mission below the 

2 levels funded in this Act: Provided, That the Air Force 

3 shall allow the 53rd Weather Reconnaissance Squadron to 

4 perform other missions in support of national defense re5 quirements during the non-hurricane season. 

6 SEC. 8076. None of the funds provided in this Act 

7 shall be available for integration of foreign intelligence in8 formation unless the information has been lawfully col9 lected and processed during the conduct of authorized for10 eign intelligence activities: Provided, That information 

11 pertaining to United States persons shall only be handled 

12 in accordance with protections provided in the Fourth 

13 Amendment of the United States Constitution as imple14 mented through Executive Order No. 12333. 

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 8077. The Secretary of Defense may transfer 

17 funds from any available Department of the Navy appro18 priation to any available Navy ship construction appro19 priation for the purpose of liquidating necessary changes 

20 resulting from inflation, market fluctuations, or rate ad21 justments for any ship construction program appropriated 

22 in law: Provided, That the Secretary may transfer not to 

23 exceed $50,000,000 under the authority provided by this 

24 section: Provided further, That the Secretary may not 

25 transfer any funds until 30 days after the proposed transVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
92 

•S 2130 PCS

1 fer has been reported to the Committees on Appropria2 tions of the House of Representatives and the Senate, un3 less a response from the Committees is received sooner: 

4 Provided further, That any funds transferred pursuant to 

5 this section shall retain the same period of availability as 

6 when originally appropriated: Provided further, That the 

7 transfer authority provided by this section is in addition 

8 to any other transfer authority contained elsewhere in this 

9 Act. 

10 SEC. 8078. (a) None of the funds appropriated by 

11 this Act may be used to transfer research and develop12 ment, acquisition, or other program authority relating to 

13 current tactical unmanned aerial vehicles (TUAVs) from 

14 the Army. 

15 (b) The Army shall retain responsibility for and oper16 ational control of the MQ–1C Gray Eagle Unmanned Aer17 ial Vehicle (UAV) in order to support the Secretary of De18 fense in matters relating to the employment of unmanned 

19 aerial vehicles. 

20 SEC. 8079. Up to $15,000,000 of the funds appro21 priated under the heading ‘‘Operation and Maintenance, 

22 Navy’’ may be made available for the Asia Pacific Re23 gional Initiative Program for the purpose of enabling the 

24 Pacific Command to execute Theater Security Cooperation 

25 activities such as humanitarian assistance, and payment 


emcdonald on DSK67QTVN1PROD with BILLS
93 

•S 2130 PCS

1 of incremental and personnel costs of training and exer2 cising with foreign security forces: Provided, That funds 

3 made available for this purpose may be used, notwith4 standing any other funding authorities for humanitarian 

5 assistance, security assistance or combined exercise ex6 penses: Provided further, That funds may not be obligated 

7 to provide assistance to any foreign country that is other8 wise prohibited from receiving such type of assistance 

9 under any other provision of law. 

10 SEC. 8080. None of the funds appropriated by this 

11 Act for programs of the Office of the Director of National 

12 Intelligence shall remain available for obligation beyond 

13 the current fiscal year, except for funds appropriated for 

14 research and technology, which shall remain available until 

15 September 30, 2017. 

16 SEC. 8081. For purposes of section 1553(b) of title 

17 31, United States Code, any subdivision of appropriations 

18 made in this Act under the heading ‘‘Shipbuilding and 

19 Conversion, Navy’’ shall be considered to be for the same 

20 purpose as any subdivision under the heading ‘‘Ship21 building and Conversion, Navy’’ appropriations in any 

22 prior fiscal year, and the 1 percent limitation shall apply 

23 to the total amount of the appropriation. 

24 SEC. 8082. (a) Not later than 60 days after the date 

25 of enactment of this Act, the Director of National IntelVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
94 

•S 2130 PCS

1 ligence shall submit a report to the congressional intel2 ligence committees to establish the baseline for application 

3 of reprogramming and transfer authorities for fiscal year 

4 2016: Provided, That the report shall include— 

5 (1) a table for each appropriation with a sepa6 rate column to display the President’s budget re7 quest, adjustments made by Congress, adjustments 

8 due to enacted rescissions, if appropriate, and the 

9 fiscal year enacted level; 

10 (2) a delineation in the table for each appro11 priation by Expenditure Center and project; and 

12 (3) an identification of items of special congres13 sional interest. 

14 (b) None of the funds provided for the National Intel15 ligence Program in this Act shall be available for re16 programming or transfer until the report identified in sub17 section (a) is submitted to the congressional intelligence 

18 committees, unless the Director of National Intelligence 

19 certifies in writing to the congressional intelligence com20 mittees that such reprogramming or transfer is necessary 

21 as an emergency requirement. 

22 SEC. 8083. None of the funds made available by this 

23 Act may be used to retire, divest, realign or transfer RQ– 

24 4B Global Hawk aircraft, or to disestablish or convert 

25 units associated with such aircraft. 


emcdonald on DSK67QTVN1PROD with BILLS
95 

•S 2130 PCS

1 SEC. 8084. During the current fiscal year and here2 after, none of the funds made available by this Act for 

3 excess defense articles, assistance under title 10, U.S.C. 

4 2282, or peacekeeping operations for the countries des5 ignated annually in the Department of State’s Trafficking 

6 in Persons Report to be in violation of the standards of 

7 the Child Soldiers Prevention Act of 2008 may be used 

8 to support any military training or operation that includes 

9 child soldiers, as defined by the Child Soldiers Prevention 

10 Act of 2008 (Public Law 110–457; 22 U.S.C. 2370c–1), 

11 unless such assistance is otherwise permitted under sec12 tion 404 of the Child Soldiers Prevention Act of 2008. 

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 8085. Of the funds appropriated in the Intel15 ligence Community Management Account for the Program 

16 Manager for the Information Sharing Environment, 

17 $20,000,000 is available for transfer by the Director of 

18 National Intelligence to other departments and agencies 

19 for purposes of Government-wide information sharing ac20 tivities: Provided, That funds transferred under this provi21 sion are to be merged with and available for the same pur22 poses and time period as the appropriation to which trans23 ferred: Provided further, That the Office of Management 

24 and Budget must approve any transfers made under this 

25 provision. 


emcdonald on DSK67QTVN1PROD with BILLS
96 

•S 2130 PCS

1 SEC. 8086. (a) None of the funds provided for the 

2 National Intelligence Program in this or any prior appro3 priations Act shall be available for obligation or expendi4 ture through a reprogramming or transfer of funds in ac5 cordance with section 102A(d) of the National Security 

6 Act of 1947 (50 U.S.C. 3024(d)) that— 

7 (1) creates a new start effort; 

8 (2) terminates a program with appropriated 

9 funding of $10,000,000 or more; 

10 (3) transfers funding into or out of the Na11 tional Intelligence Program; or 

12 (4) transfers funding between appropriations, 

13 unless the congressional intelligence committees are noti14 fied 30 days in advance of such reprogramming of funds; 

15 this notification period may be reduced for urgent national 

16 security requirements. 

17 (b) None of the funds provided for the National Intel18 ligence Program in this or any prior appropriations Act 

19 shall be available for obligation or expenditure through a 

20 reprogramming or transfer of funds in accordance with 

21 section 102A(d) or the National Security Act of 1947 (50 

22 U.S.C. 3024(d)) that results in a cumulative increase or 

23 decrease of the levels specified in the classified annex ac24 companying the Act unless the congressional intelligence 

25 committees are notified 30 days in advance of such reVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
97 

•S 2130 PCS

1 programming of funds; this notification period may be re2 duced for urgent national security requirements. 

3 SEC. 8087. The Director of National Intelligence 

4 shall submit to Congress each year, at or about the time 

5 that the President’s budget is submitted to Congress that 

6 year under section 1105(a) of title 31, United States 

7 Code, a future-years intelligence program (including asso8 ciated annexes) reflecting the estimated expenditures and 

9 proposed appropriations included in that budget. Any such 

10 future-years intelligence program shall cover the fiscal 

11 year with respect to which the budget is submitted and 

12 at least the four succeeding fiscal years. 

13 SEC. 8088. For the purposes of this Act, the term 

14 ‘‘congressional intelligence committees’’ means the Perma15 nent Select Committee on Intelligence of the House of 

16 Representatives, the Select Committee on Intelligence of 

17 the Senate, the Subcommittee on Defense of the Com18 mittee on Appropriations of the House of Representatives, 

19 and the Subcommittee on Defense of the Committee on 

20 Appropriations of the Senate. 

21 SEC. 8089. The Department of Defense shall con22 tinue to report incremental contingency operations costs 

23 for Operation Inherent Resolve, Operation Freedom’s Sen24 tinel, and any named successor operations, on a monthly 

25 basis and any other operation designated and identified 


emcdonald on DSK67QTVN1PROD with BILLS
98 

•S 2130 PCS

1 by the Secretary of Defense for the purposes of section 

2 127a of title 10, United States Code, on a semi-annual 

3 basis in the Cost of War Execution Report as prescribed 

4 in the Department of Defense Financial Management 

5 Regulation Department of Defense Instruction 7000.14, 

6 Volume 12, Chapter 23 ‘‘Contingency Operations’’, Annex 

7 1, dated September 2005. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 8090. During the current fiscal year, not to ex10 ceed $11,000,000 from each of the appropriations made 

11 in title II of this Act for ‘‘Operation and Maintenance, 

12 Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Oper13 ation and Maintenance, Air Force’’ may be transferred by 

14 the military department concerned to its central fund es15 tablished for Fisher Houses and Suites pursuant to sec16 tion 2493(d) of title 10, United States Code. 

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 8091. Funds appropriated by this Act for oper19 ation and maintenance may be available for the purpose 

20 of making remittances and transfer to the Defense Acqui21 sition Workforce Development Fund in accordance with 

22 section 1705 of title 10, United States Code. 

23 SEC. 8092. (a) Any agency receiving funds made 

24 available in this Act, shall, subject to subsections (b) and 

25 (c), post on the public Web site of that agency any report 


emcdonald on DSK67QTVN1PROD with BILLS
99 

•S 2130 PCS

1 required to be submitted by the Congress in this or any 

2 other Act, upon the determination by the head of the agen3 cy that it shall serve the national interest. 

4 (b) Subsection (a) shall not apply to a report if— 

5 (1) the public posting of the report com6 promises national security; or 

7 (2) the report contains proprietary information. 

8 (c) The head of the agency posting such report shall 

9 do so only after such report has been made available to 

10 the requesting Committee or Committees of Congress for 

11 no less than 45 days. 

12 SEC. 8093. (a) None of the funds appropriated or 

13 otherwise made available by this Act may be expended for 

14 any Federal contract for an amount in excess of 

15 $1,000,000, unless the contractor agrees not to— 

16 (1) enter into any agreement with any of its 

17 employees or independent contractors that requires, 

18 as a condition of employment, that the employee or 

19 independent contractor agree to resolve through ar20 bitration any claim under title VII of the Civil 

21 Rights Act of 1964 or any tort related to or arising 

22 out of sexual assault or harassment, including as23 sault and battery, intentional infliction of emotional 

24 distress, false imprisonment, or negligent hiring, su25 pervision, or retention; or 


emcdonald on DSK67QTVN1PROD with BILLS
100 

•S 2130 PCS

1 (2) take any action to enforce any provision of 

2 an existing agreement with an employee or inde3 pendent contractor that mandates that the employee 

4 or independent contractor resolve through arbitra5 tion any claim under title VII of the Civil Rights Act 

6 of 1964 or any tort related to or arising out of sex7 ual assault or harassment, including assault and 

8 battery, intentional infliction of emotional distress, 

9 false imprisonment, or negligent hiring, supervision, 

10 or retention. 

11 (b) None of the funds appropriated or otherwise 

12 made available by this Act may be expended for any Fed13 eral contract unless the contractor certifies that it requires 

14 each covered subcontractor to agree not to enter into, and 

15 not to take any action to enforce any provision of, any 

16 agreement as described in paragraphs (1) and (2) of sub17 section (a), with respect to any employee or independent 

18 contractor performing work related to such subcontract. 

19 For purposes of this subsection, a ‘‘covered subcon20 tractor’’ is an entity that has a subcontract in excess of 

21 $1,000,000 on a contract subject to subsection (a). 

22 (c) The prohibitions in this section do not apply with 

23 respect to a contractor’s or subcontractor’s agreements 

24 with employees or independent contractors that may not 

25 be enforced in a court of the United States. 


emcdonald on DSK67QTVN1PROD with BILLS
101 

•S 2130 PCS

1 (d) The Secretary of Defense may waive the applica2 tion of subsection (a) or (b) to a particular contractor or 

3 subcontractor for the purposes of a particular contract or 

4 subcontract if the Secretary or the Deputy Secretary per5 sonally determines that the waiver is necessary to avoid 

6 harm to national security interests of the United States, 

7 and that the term of the contract or subcontract is not 

8 longer than necessary to avoid such harm. The determina9 tion shall set forth with specificity the grounds for the 

10 waiver and for the contract or subcontract term selected, 

11 and shall state any alternatives considered in lieu of a 

12 waiver and the reasons each such alternative would not 

13 avoid harm to national security interests of the United 

14 States. The Secretary of Defense shall transmit to Con15 gress, and simultaneously make public, any determination 

16 under this subsection not less than 15 business days be17 fore the contract or subcontract addressed in the deter18 mination may be awarded. 

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 8094. From within the funds appropriated for 

21 operation and maintenance for the Defense Health Pro22 gram in this Act, up to $121,000,000, shall be available 

23 for transfer to the Joint Department of Defense-Depart24 ment of Veterans Affairs Medical Facility Demonstration 

25 Fund in accordance with the provisions of section 1704 


emcdonald on DSK67QTVN1PROD with BILLS
102 

•S 2130 PCS

1 of the National Defense Authorization Act for Fiscal Year 

2 2010, Public Law 111–84: Provided, That, for purposes 

3 of section 1704(b), the facility operations funded are oper4 ations of the integrated Captain James A. Lovell Federal 

5 Health Care Center, consisting of the North Chicago Vet6 erans Affairs Medical Center, the Navy Ambulatory Care 

7 Center, and supporting facilities designated as a combined 

8 Federal medical facility as described by section 706 of 

9 Public Law 110–417: Provided further, That additional 

10 funds may be transferred from funds appropriated for op11 eration and maintenance for the Defense Health Program 

12 to the Joint Department of Defense-Department of Vet13 erans Affairs Medical Facility Demonstration Fund upon 

14 written notification by the Secretary of Defense to the 

15 Committees on Appropriations of the House of Represent16 atives and the Senate. 

17 SEC. 8095. None of the funds made available by this 

18 Act may be used by the Secretary of Defense to take bene19 ficial occupancy of more than 2,500 parking spaces (other 

20 than handicap-reserved spaces) to be provided by the 

21 BRAC 133 project: Provided, That this limitation may be 

22 waived in part if: (1) the Secretary of Defense certifies 

23 to Congress that levels of service at existing intersections 

24 in the vicinity of the project have not experienced failing 

25 levels of service as defined by the Transportation Research 


emcdonald on DSK67QTVN1PROD with BILLS
103 

•S 2130 PCS

1 Board Highway Capacity Manual over a consecutive 90- 

2 day period; (2) the Department of Defense and the Vir3 ginia Department of Transportation agree on the number 

4 of additional parking spaces that may be made available 

5 to employees of the facility subject to continued 90-day 

6 traffic monitoring; and (3) the Secretary of Defense noti7 fies the congressional defense committees in writing at 

8 least 14 days prior to exercising this waiver of the number 

9 of additional parking spaces to be made available. 

10 SEC. 8096. Appropriations available to the Depart11 ment of Defense may be used for the purchase of heavy 

12 and light armored vehicles for the physical security of per13 sonnel or for force protection purposes up to a limit of 

14 $400,000 per vehicle, notwithstanding price or other limi15 tations applicable to the purchase of passenger carrying 

16 vehicles. 

17 SEC. 8097. None of the funds appropriated or other18 wise made available by this Act or any other Act may be 

19 used by the Department of Defense or a component there20 of in contravention of section 1246(c)(2) of the National 

21 Defense Authorization Act for Fiscal Year 2014 (Public 

22 Law 113–66; 127 Stat. 923), as extended by section 1649 

23 of S. 1376, 114th Congress, as reported to the Senate. 

24 SEC. 8098. The Secretary of Defense shall report 

25 quarterly the numbers of civilian personnel end strength 


emcdonald on DSK67QTVN1PROD with BILLS
104 

•S 2130 PCS

1 by appropriation account for each and every appropriation 

2 account used to finance Federal civilian personnel salaries 

3 to the congressional defense committees within 15 days 

4 after the end of each fiscal quarter. 

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 8099. Upon a determination by the Director of 

7 National Intelligence that such action is necessary and in 

8 the national interest, the Director may, with the approval 

9 of the Office of Management and Budget, transfer not to 

10 exceed $2,000,000,000 of the funds made available in this 

11 Act for the National Intelligence Program: Provided, That 

12 such authority to transfer may not be used unless for 

13 higher priority items, based on unforeseen intelligence re14 quirements, than those for which originally appropriated 

15 and in no case where the item for which funds are re16 quested has been denied by the Congress: Provided further, 

17 That a request for multiple reprogrammings of funds 

18 using authority provided in this section shall be made 

19 prior to June 30, 2016. 

20 SEC. 8100. None of the funds appropriated or other21 wise made available in this or any other Act may be used 

22 except in accordance with the National Defense Authoriza23 tion Act for Fiscal Year 2016, to transfer, release, or as24 sist in the transfer or release to or within the United 


emcdonald on DSK67QTVN1PROD with BILLS
105 

•S 2130 PCS

1 States, its territories, or possessions Khalid Sheikh Mo2 hammed or any other detainee who— 

3 (1) is not a United States citizen or a member 

4 of the Armed Forces of the United States; and 

5 (2) is or was held on or after June 24, 2009, 

6 at the United States Naval Station, Guanta ́namo 

7 Bay, Cuba, by the Department of Defense. 

8 SEC. 8101. (a) None of the funds appropriated or 

9 otherwise made available in this or any other Act may be 

10 used to construct, acquire, or modify any facility in the 

11 United States, its territories, or possessions to house any 

12 individual described in subsection (c) for the purposes of 

13 detention or imprisonment in the custody or under the ef14 fective control of the Department of Defense except in ac15 cordance with the National Defense Authorization Act for 

16 Fiscal Year 2016. 

17 (b) The prohibition in subsection (a) shall not apply 

18 to any modification of facilities at United States Naval 

19 Station, Guanta ́namo Bay, Cuba. 

20 (c) An individual described in this subsection is any 

21 individual who, as of June 24, 2009, is located at United 

22 States Naval Station, Guanta ́namo Bay, Cuba, and who— 

23 (1) is not a citizen of the United States or a 

24 member of the Armed Forces of the United States; 

25 and 


emcdonald on DSK67QTVN1PROD with BILLS
106 

•S 2130 PCS

1 (2) is— 

2 (A) in the custody or under the effective 

3 control of the Department of Defense; or 

4 (B) otherwise under detention at United 

5 States Naval Station, Guanta ́namo Bay, Cuba. 

6 SEC. 8102. None of the funds appropriated or other7 wise made available in this Act may be used to transfer 

8 any individual detained at United States Naval Station 

9 Guanta ́namo Bay, Cuba, to the custody or control of the 

10 individual’s country of origin, any other foreign country, 

11 or any other foreign entity except in accordance with the 

12 National Defense Authorization Act for Fiscal Year 2016. 

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 8103. Of the amounts appropriated for ‘‘Oper15 ation and Maintenance, Navy’’, up to $1,000,000 shall be 

16 available for transfer to the John C. Stennis Center for 

17 Public Service Development Trust Fund established under 

18 section 116 of the John C. Stennis Center for Public Serv19 ice Training and Development Act (2 U.S.C. 1105). 

20 SEC. 8104. None of the funds provided in this Act 

21 for the T–AO(X) program shall be used to award a new 

22 contract that provides for the acquisition of the following 

23 components unless those components are manufactured in 

24 the United States: Auxiliary equipment (including pumps) 

25 for shipboard services; propulsion equipment (including 


emcdonald on DSK67QTVN1PROD with BILLS
107 

•S 2130 PCS

1 engines, reduction gears, and propellers); shipboard 

2 cranes; and spreaders for shipboard cranes. 

3 SEC. 8105. (a) None of the funds appropriated or 

4 otherwise made available by this or any other Act may 

5 be used by the Secretary of Defense, or any other official 

6 or officer of the Department of Defense, to enter into a 

7 contract, memorandum of understanding, or cooperative 

8 agreement with, or make a grant to, or provide a loan 

9 or loan guarantee to Rosoboronexport or any subsidiary 

10 of Rosoboronexport. 

11 (b) The Secretary of Defense may waive the limita12 tion in subsection (a) if the Secretary, in consultation with 

13 the Secretary of State and the Director of National Intel14 ligence, determines that it is in the vital national security 

15 interest of the United States to do so, and certifies in writ16 ing to the congressional defense committees that, to the 

17 best of the Secretary’s knowledge: 

18 (1) Rosoboronexport has ceased the transfer of 

19 lethal military equipment to, and the maintenance of 

20 existing lethal military equipment for, the Govern21 ment of the Syrian Arab Republic; 

22 (2) The armed forces of the Russian Federation 

23 have withdrawn from Crimea, other than armed 

24 forces present on military bases subject to agree25 ments in force between the Government of the RusVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
108 

•S 2130 PCS

1 sian Federation and the Government of Ukraine; 

2 and 

3 (3) Agents of the Russian Federation have 

4 ceased taking active measures to destabilize the con5 trol of the Government of Ukraine over eastern 

6 Ukraine. 

7 (c) The Inspector General of the Department of De8 fense shall conduct a review of any action involving 

9 Rosoboronexport with respect to a waiver issued by the 

10 Secretary of Defense pursuant to subsection (b), and not 

11 later than 90 days after the date on which such a waiver 

12 is issued by the Secretary of Defense, the Inspector Gen13 eral shall submit to the congressional defense committees 

14 a report containing the results of the review conducted 

15 with respect to such waiver. 

16 SEC. 8106. None of the funds made available by this 

17 Act may be used to transfer more than 36 AH–64 Apache 

18 helicopter aircraft from the Army National Guard to the 

19 active Army until 60 days after the National Commission 

20 on the Future of the Army releases its recommendations: 

21 Provided, That this section shall continue in effect through 

22 the date of enactment of the National Defense Authoriza23 tion Act for Fiscal Year 2016. 

24 SEC. 8107. Notwithstanding any other provision of 

25 this Act, to reflect savings due to lower than anticipated 


emcdonald on DSK67QTVN1PROD with BILLS
109 

•S 2130 PCS

1 fuel prices, the total amount appropriated in this Act is 

2 hereby reduced by $827,000,000. 

3 SEC. 8108. (a) Of the funds appropriated in this Act 

4 for the Department of Defense, amounts may be made 

5 available, under such regulations as the Secretary may 

6 prescribe, to local military commanders appointed by the 

7 Secretary of Defense, or by an officer or employee des8 ignated by the Secretary, to provide at their discretion ex 

9 gratia payments in amounts consistent with subsection (d) 

10 of this section for damage, personal injury, or death that 

11 is incident to combat operations of the Armed Forces in 

12 a foreign country. 

13 (b) An ex gratia payment under this section may be 

14 provided only if— 

15 (1) the prospective foreign civilian recipient is 

16 determined by the local military commander to be 

17 friendly to the United States; 

18 (2) a claim for damages would not be compen19 sable under chapter 163 of title 10, United States 

20 Code (commonly known as the ‘‘Foreign Claims 

21 Act’’); and 

22 (3) the property damage, personal injury, or 

23 death was not caused by action by an enemy. 

24 (c) NATURE OF PAYMENTS.—Any payments provided 

25 under a program under subsection (a) shall not be considVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
110 

•S 2130 PCS

1 ered an admission or acknowledgment of any legal obliga2 tion to compensate for any damage, personal injury, or 

3 death. 

4 (d) AMOUNT OF PAYMENTS.—If the Secretary of De5 fense determines a program under subsection (a) to be ap6 propriate in a particular setting, the amounts of pay7 ments, if any, to be provided to civilians determined to 

8 have suffered harm incident to combat operations of the 

9 Armed Forces under the program should be determined 

10 pursuant to regulations prescribed by the Secretary and 

11 based on an assessment, which should include such factors 

12 as cultural appropriateness and prevailing economic condi13 tions. 

14 (e) LEGAL ADVICE.—Local military commanders 

15 shall receive legal advice before making ex gratia pay16 ments under this subsection. The legal advisor, under reg17 ulations of the Department of Defense, shall advise on 

18 whether an ex gratia payment is proper under this section 

19 and applicable Department of Defense regulations. 

20 (f) WRITTEN RECORD.—A written record of any ex 

21 gratia payment offered or denied shall be kept by the local 

22 commander and on a timely basis submitted to the appro23 priate office in the Department of Defense as determined 

24 by the Secretary of Defense. 


emcdonald on DSK67QTVN1PROD with BILLS
111 

•S 2130 PCS

1 (g) REPORT.—The Secretary of Defense shall report 

2 to the congressional defense committees on an annual 

3 basis the efficacy of the ex gratia payment program in4 cluding the number of types of cases considered, amounts 

5 offered, the response from ex gratia payment recipients, 

6 and any recommended modifications to the program. 

7 SEC. 8109. None of the funds available in this Act 

8 to the Department of Defense, other than appropriations 

9 made for necessary or routine refurbishments, upgrades 

10 or maintenance activities, shall be used to reduce or to 

11 prepare to reduce the number of deployed and non-de12 ployed strategic delivery vehicles and launchers below the 

13 levels set forth in the report submitted to Congress in ac14 cordance with section 1042 of the National Defense Au15 thorization Act for Fiscal Year 2012. 

16 SEC. 8110. Of the funds provided for ‘‘Research, De17 velopment, Test and Evaluation, Defense-Wide’’ in this 

18 Act, not less than $2,800,000 shall be used to support 

19 the Department’s activities related to the implementation 

20 of the Digital Accountability and Transparency Act 

21 (DATA Act; Public Law 113–101; 31 U.S.C. 6101 note) 

22 and to support the implementation of a uniform procure23 ment instrument identifier as described in 48 CFR sub24 part 4.16, to include changes in business processes, work25 force, or information technology. 


emcdonald on DSK67QTVN1PROD with BILLS
112 

•S 2130 PCS

1 SEC. 8111. None of the funds made available in this 

2 or any other Act may be used to pay the salary of any 

3 officer or employee of the Department of Defense who ap4 proves or implements the transfer of administrative re5 sponsibilities or budgetary resources of any program, 

6 project, or activity financed by this Act to the jurisdiction 

7 of another Federal agency not financed by this Act with8 out the express authorization of Congress: Provided, That 

9 this limitation shall not apply to transfers of funds ex10 pressly provided for in Defense Appropriations Acts, or 

11 provisions of Acts providing supplemental appropriations 

12 for the Department of Defense. 

13 SEC. 8112. It is the sense of the Senate that— 

14 (1) the Nation’s fiscal challenges are a top pri15 ority for Congress, and sequestration—non-strategic, 

16 across-the-board budget cuts—remains an unreason17 able and inadequate budgeting tool to address the 

18 Nation’s deficits and debt; 

19 (2) sequestration relief must be accomplished 

20 for fiscal years 2016 and 2017; 

21 (3) sequestration relief should include equal de22 fense and non-defense relief; and 

23 (4) sequestration relief should be offset through 

24 targeted changes in mandatory and discretionary 

25 categories and revenues. 


emcdonald on DSK67QTVN1PROD with BILLS
113 

•S 2130 PCS

1 TITLE IX 

2 OVERSEAS CONTINGENCY OPERATIONS 

3 MILITARY PERSONNEL 

4 MILITARY PERSONNEL, ARMY

5 For an additional amount for ‘‘Military Personnel, 

6 Army’’, $1,828,441,000: Provided, That such amount is 

7 designated by the Congress for Overseas Contingency Op8 erations/Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 MILITARY PERSONNEL, NAVY

12 For an additional amount for ‘‘Military Personnel, 

13 Navy’’, $251,011,000: Provided, That such amount is des14 ignated by the Congress for Overseas Contingency Oper15 ations/Global War on Terrorism pursuant to section 

16 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

17 Deficit Control Act of 1985. 

18 MILITARY PERSONNEL, MARINE CORPS

19 For an additional amount for ‘‘Military Personnel, 

20 Marine Corps’’, $171,079,000: Provided, That such 

21 amount is designated by the Congress for Overseas Con22 tingency Operations/Global War on Terrorism pursuant to 

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

24 Emergency Deficit Control Act of 1985. 


emcdonald on DSK67QTVN1PROD with BILLS
114 

•S 2130 PCS

1 MILITARY PERSONNEL, AIR FORCE

2 For an additional amount for ‘‘Military Personnel, 

3 Air Force’’, $726,126,000: Provided, That such amount 

4 is designated by the Congress for Overseas Contingency 

5 Operations/Global War on Terrorism pursuant to section 

6 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

7 Deficit Control Act of 1985. 

8 RESERVE PERSONNEL, ARMY

9 For an additional amount for ‘‘Reserve Personnel, 

10 Army’’, $24,462,000: Provided, That such amount is des11 ignated by the Congress for Overseas Contingency Oper12 ations/Global War on Terrorism pursuant to section 

13 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

14 Deficit Control Act of 1985. 

15 RESERVE PERSONNEL, NAVY

16 For an additional amount for ‘‘Reserve Personnel, 

17 Navy’’, $12,693,000: Provided, That such amount is des18 ignated by the Congress for Overseas Contingency Oper19 ations/Global War on Terrorism pursuant to section 

20 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985. 

22 RESERVE PERSONNEL, MARINE CORPS

23 For an additional amount for ‘‘Reserve Personnel, 

24 Marine Corps’’, $3,393,000: Provided, That such amount 

25 is designated by the Congress for Overseas Contingency 


emcdonald on DSK67QTVN1PROD with BILLS
115 

•S 2130 PCS

1 Operations/Global War on Terrorism pursuant to section 

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

3 Deficit Control Act of 1985. 

4 RESERVE PERSONNEL, AIR FORCE

5 For an additional amount for ‘‘Reserve Personnel, 

6 Air Force’’, $18,710,000: Provided, That such amount is 

7 designated by the Congress for Overseas Contingency Op8 erations/Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 NATIONAL GUARD PERSONNEL, ARMY

12 For an additional amount for ‘‘National Guard Per13 sonnel, Army’’, $166,015,000: Provided, That such 

14 amount is designated by the Congress for Overseas Con15 tingency Operations/Global War on Terrorism pursuant to 

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

17 Emergency Deficit Control Act of 1985. 

18 NATIONAL GUARD PERSONNEL, AIR FORCE

19 For an additional amount for ‘‘National Guard Per20 sonnel, Air Force’’, $2,828,000: Provided, That such 

21 amount is designated by the Congress for Overseas Con22 tingency Operations/Global War on Terrorism pursuant to 

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

24 Emergency Deficit Control Act of 1985. 


emcdonald on DSK67QTVN1PROD with BILLS
116 

•S 2130 PCS

1 OPERATION AND MAINTENANCE 

2 OPERATION AND MAINTENANCE, ARMY

3 For an additional amount for ‘‘Operation and Main4 tenance, Army’’, $18,930,336,000: Provided, That such 

5 amount is designated by the Congress for Overseas Con6 tingency Operations/Global War on Terrorism pursuant to 

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

8 Emergency Deficit Control Act of 1985. 

9 OPERATION AND MAINTENANCE, NAVY

10 For an additional amount for ‘‘Operation and Main11 tenance, Navy’’, $21,008,396,000: Provided, That such 

12 amount is designated by the Congress for Overseas Con13 tingency Operations/Global War on Terrorism pursuant to 

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

15 Emergency Deficit Control Act of 1985. 

16 OPERATION AND MAINTENANCE, MARINE CORPS

17 For an additional amount for ‘‘Operation and Main18 tenance, Marine Corps’’, $1,879,613,000: Provided, That 

19 such amount is designated by the Congress for Overseas 

20 Contingency Operations/Global War on Terrorism pursu21 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

22 and Emergency Deficit Control Act of 1985. 

23 OPERATION AND MAINTENANCE, AIR FORCE

24 For an additional amount for ‘‘Operation and Main25 tenance, Air Force’’, $21,161,888,000: Provided, That 


emcdonald on DSK67QTVN1PROD with BILLS
117 

•S 2130 PCS

1 such amount is designated by the Congress for Overseas 

2 Contingency Operations/Global War on Terrorism pursu3 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

4 and Emergency Deficit Control Act of 1985. 

5 OPERATION AND MAINTENANCE, DEFENSE-WIDE

6 For an additional amount for ‘‘Operation and Main7 tenance, Defense-Wide’’, $6,850,097,000: Provided, That 

8 of the funds provided under this heading, not to exceed 

9 $1,160,000,000, to remain available until September 30, 

10 2017, shall be for payments to reimburse key cooperating 

11 nations for logistical, military, and other support, includ12 ing access, provided to United States military and stability 

13 operations in Afghanistan and to counter the Islamic 

14 State of Iraq and the Levant: Provided further, That such 

15 reimbursement payments may be made in such amounts 

16 as the Secretary of Defense, with the concurrence of the 

17 Secretary of State, and in consultation with the Director 

18 of the Office of Management and Budget, may determine, 

19 based on documentation determined by the Secretary of 

20 Defense to adequately account for the support provided, 

21 and such determination is final and conclusive upon the 

22 accounting officers of the United States, and 15 days fol23 lowing notification to the appropriate congressional com24 mittees: Provided further, That these funds may be used 

25 for the purpose of providing specialized training and proVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
118 

•S 2130 PCS

1 curing supplies and specialized equipment and providing 

2 such supplies and loaning such equipment on a non-reim3 bursable basis to coalition forces supporting United States 

4 military and stability operations in Afghanistan and to 

5 counter the Islamic State of Iraq and the Levant, and 15 

6 days following notification to the appropriate congres7 sional committees: Provided further, That these funds may 

8 be used to support the Governments of Jordan and Leb9 anon, in such amounts as the Secretary of Defense may 

10 determine, to enhance the ability of the armed forces of 

11 Jordan to increase or sustain security along the borders 

12 with Syria and Iraq and the ability of the armed forces 

13 of Lebanon to increase or sustain security along the bor14 der with Syria, upon 15 days prior written notification to 

15 the congressional defense committees outlining the 

16 amounts intended to be provided and the nature of the 

17 expenses incurred: Provided further, That the Secretary of 

18 Defense shall provide quarterly reports to the congres19 sional defense committees on the use of funds provided 

20 in this paragraph: Provided further, That such amount is 

21 designated by the Congress for Overseas Contingency Op22 erations/Global War on Terrorism pursuant to section 

23 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

24 Deficit Control Act of 1985. 


emcdonald on DSK67QTVN1PROD with BILLS
119 

•S 2130 PCS

1 OPERATION AND MAINTENANCE, ARMY RESERVE

2 For an additional amount for ‘‘Operation and Main3 tenance, Army Reserve’’, $24,559,000: Provided, That 

4 such amount is designated by the Congress for Overseas 

5 Contingency Operations/Global War on Terrorism pursu6 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

7 and Emergency Deficit Control Act of 1985. 

8 OPERATION AND MAINTENANCE, NAVY RESERVE

9 For an additional amount for ‘‘Operation and Main10 tenance, Navy Reserve’’, $31,643,000: Provided, That 

11 such amount is designated by the Congress for Overseas 

12 Contingency Operations/Global War on Terrorism pursu13 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

14 and Emergency Deficit Control Act of 1985. 

15 OPERATION AND MAINTENANCE, MARINE CORPS

16 RESERVE

17 For an additional amount for ‘‘Operation and Main18 tenance, Marine Corps Reserve’’, $3,455,000: Provided, 

19 That such amount is designated by the Congress for Over20 seas Contingency Operations/Global War on Terrorism 

21 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

22 Budget and Emergency Deficit Control Act of 1985. 

23 OPERATION AND MAINTENANCE, AIR FORCE RESERVE

24 For an additional amount for ‘‘Operation and Main25 tenance, Air Force Reserve’’, $58,106,000: Provided, That 


emcdonald on DSK67QTVN1PROD with BILLS
120 

•S 2130 PCS

1 such amount is designated by the Congress for Overseas 

2 Contingency Operations/Global War on Terrorism pursu3 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

4 and Emergency Deficit Control Act of 1985. 

5 OPERATION AND MAINTENANCE, ARMY NATIONAL

6 GUARD

7 For an additional amount for ‘‘Operation and Main8 tenance, Army National Guard’’, $60,845,000: Provided, 

9 That such amount is designated by the Congress for Over10 seas Contingency Operations/Global War on Terrorism 

11 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

12 Budget and Emergency Deficit Control Act of 1985. 

13 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

14 For an additional amount for ‘‘Operation and Main15 tenance, Air National Guard’’, $19,900,000: Provided, 

16 That such amount is designated by the Congress for Over17 seas Contingency Operations/Global War on Terrorism 

18 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

19 Budget and Emergency Deficit Control Act of 1985. 

20 AFGHANISTAN SECURITY FORCES FUND

21 For the ‘‘Afghanistan Security Forces Fund’’, 

22 $3,360,357,000, to remain available until September 30, 

23 2017: Provided, That such funds shall be available to the 

24 Secretary of Defense, notwithstanding any other provision 

25 of law, for the purpose of allowing the Commander, ComVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
121 

•S 2130 PCS

1 bined Security Transition Command—Afghanistan, or the 

2 Secretary’s designee, to provide assistance, with the con3 currence of the Secretary of State, to the security forces 

4 of Afghanistan, including the provision of equipment, sup5 plies, services, training, facility and infrastructure repair, 

6 renovation, construction, and funding: Provided further, 

7 That the authority to provide assistance under this head8 ing is in addition to any other authority to provide assist9 ance to foreign nations: Provided further, That contribu10 tions of funds for the purposes provided herein from any 

11 person, foreign government, or international organization 

12 may be credited to this Fund, to remain available until 

13 expended, and used for such purposes: Provided further, 

14 That the Secretary of Defense shall notify the congres15 sional defense committees in writing upon the receipt and 

16 upon the obligation of any contribution, delineating the 

17 sources and amounts of the funds received and the specific 

18 use of such contributions: Provided further, That the Sec19 retary of Defense shall, not fewer than 15 days prior to 

20 obligating from this appropriation account, notify the con21 gressional defense committees in writing of the details of 

22 any such obligation: Provided further, That the Secretary 

23 of Defense shall notify the congressional defense commit24 tees of any proposed new projects or transfer of funds be25 tween budget sub-activity groups in excess of 


emcdonald on DSK67QTVN1PROD with BILLS
122 

•S 2130 PCS

1 $20,000,000: Provided further, That the United States 

2 may accept equipment procured using funds provided 

3 under this heading in this or prior Acts that was trans4 ferred to the security forces of Afghanistan and returned 

5 by such forces to the United States: Provided further, That 

6 equipment procured using funds provided under this head7 ing in this or prior Acts, and not yet transferred to the 

8 security forces of Afghanistan or transferred to the secu9 rity forces of Afghanistan and returned by such forces to 

10 the United States, may be treated as stocks of the Depart11 ment of Defense upon written notification to the congres12 sional defense committees: Provided further, That, of the 

13 funds provided under this heading, not less than 

14 $25,000,000 shall be for recruitment and retention of 

15 women in the Afghanistan National Security Forces: Pro16 vided further, That such amount is designated by the Con17 gress for Overseas Contingency Operations/Global War on 

18 Terrorism pursuant to section 251(b)(2)(A)(ii) of the Bal19 anced Budget and Emergency Deficit Control Act of 1985. 

20 IRAQ TRAIN AND EQUIP FUND

21 For the ‘‘Iraq Train and Equip Fund’’, 

22 $715,000,000, to remain available until September 30, 

23 2017: Provided, That such funds shall be available to the 

24 Secretary of Defense, in coordination with the Secretary 

25 of State, to provide assistance, including training, equipVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
123 

•S 2130 PCS

1 ment, logistics support, supplies, services, stipends, infra2 structure repair, renovation, and sustainment, to military 

3 and other security forces of or associated with the Govern4 ment of Iraq, including Kurdish and tribal security forces 

5 or other local security forces, with a national security mis6 sion, to counter the Islamic State of Iraq and the Levant: 

7 Provided further, That the Secretary of Defense shall en8 sure that prior to providing assistance to elements of any 

9 forces such elements are appropriately vetted, including at 

10 a minimum, assessing such elements for associations with 

11 terrorist groups or groups associated with the Government 

12 of Iran; and receiving commitments from such elements 

13 to promote respect for human rights and the rule of law: 

14 Provided further, That the Secretary of Defense may ac15 cept and retain contributions, including assistance in-kind, 

16 from foreign governments, including the Government of 

17 Iraq, and other entities, to carry out assistance authorized 

18 under this heading: Provided further, That contributions 

19 of funds for the purposes provided herein from any foreign 

20 government or other entities, may be credited to this 

21 Fund, to remain available until expended, and used for 

22 such purposes: Provided further, That not more than 25 

23 percent of the funds appropriated under this heading may 

24 be obligated or expended until not fewer than 15 days 

25 after (1) the Secretary of Defense submits a report to the 


emcdonald on DSK67QTVN1PROD with BILLS
124 

•S 2130 PCS

1 appropriate congressional committees, describing the plan 

2 for the provision of such training and assistance and the 

3 forces designated to receive such assistance, and (2) the 

4 President submits a report to the appropriate congres5 sional committees on how assistance provided under this 

6 heading supports a larger regional strategy: Provided fur7 ther, That of the amount provided under this heading, not 

8 more than 60 percent may be obligated or expended until 

9 not fewer than 15 days after the date on which the Sec10 retary of Defense certifies to the appropriate congressional 

11 committees that an amount equal to not less than 40 per12 cent of the amount provided under this heading has been 

13 contributed by other countries and entities for the pur14 poses for which funds are provided under this heading, 

15 of which at least 50 percent shall have been contributed 

16 or provided by the Government of Iraq: Provided further, 

17 That the limitation in the preceding proviso shall not 

18 apply if the Secretary of Defense determines, in writing, 

19 that the national security objectives of the United States 

20 will be compromised by the application of the limitation 

21 to such assistance, and notifies the appropriate congres22 sional committees not less than 15 days in advance of the 

23 exemption taking effect, including a justification for the 

24 Secretary’s determination and a description of the assist25 ance to be exempted from the application of such limitaVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
125 

•S 2130 PCS

1 tion: Provided further, That the Secretary of Defense may 

2 waive a provision of law relating to the acquisition of items 

3 and support services or sections 40 and 40A of the Arms 

4 Export Control Act (22 U.S.C. 2780 and 2785) if the Sec5 retary determines such provisions of law would prohibit, 

6 restrict, delay or otherwise limit the provision of such as7 sistance and a notice of and justification for such waiver 

8 is submitted to the appropriate congressional committees: 

9 Provided further, That the term ‘‘appropriate congres10 sional committees’’ under this heading means the ‘‘con11 gressional defense committees’’, the Committees on Ap12 propriations and Foreign Relations of the Senate and the 

13 Committees on Appropriations and Foreign Affairs of the 

14 House of Representatives: Provided further, That amounts 

15 made available under this heading are designated by the 

16 Congress for Overseas Contingency Operations/Global 

17 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

18 the Balanced Budget and Emergency Deficit Control Act 

19 of 1985. 

20 SYRIA TRAIN AND EQUIP FUND 

21 For the ‘‘Syria Train and Equip Fund’’, 

22 $531,450,000, to remain available until September 30, 

23 2017: Provided, That such funds shall be available to the 

24 Secretary of Defense, in coordination with the Secretary 

25 of State, to provide assistance, including training, equipVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
126 

•S 2130 PCS

1 ment, supplies, stipends, construction of training and as2 sociated facilities, and sustainment, to appropriately vet3 ted elements of the Syrian opposition and other appro4 priately vetted Syrian groups and individuals for the fol5 lowing purposes: defending the Syrian people from attacks 

6 by the Islamic State of Iraq and the Levant, and securing 

7 territory controlled by the Syrian opposition; protecting 

8 the United States, its friends and allies, and the Syrian 

9 people from the threats posed by terrorists in Syria; and 

10 promoting the conditions for a negotiated settlement to 

11 end the conflict in Syria: Provided further, That the term 

12 ‘‘appropriately vetted’’ shall be construed to mean, at a 

13 minimum, assessments of possible recipients for associa14 tions with terrorist groups or groups associated with the 

15 Governments of Iran or Syria; and for commitment to the 

16 rule of law and a peaceful and democratic Syria: Provided 

17 further, That the Secretary may accept and retain con18 tributions, including assistance in-kind, from foreign gov19 ernments and other entities to carry out activities author20 ized under this heading: Provided further, That contribu21 tions of funds for the purposes provided herein from any 

22 foreign government or other entity to carry out activities 

23 as authorized by this section shall be credited to this 

24 Fund, to remain available until expended, and used for 

25 such purposes: Provided further, That the Secretary of DeVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
127 

•S 2130 PCS

1 fense shall comply with the reporting requirements in sec2 tion 149(d) of the Continuing Appropriations Resolution, 

3 2015 (Public Law 113–164): Provided further, That the 

4 Secretary of Defense may waive a provision of law relating 

5 to the acquisition of items and support services or sections 

6 40 and 40A of the Arms Export Control Act (22 U.S.C. 

7 2780 and 2785) if the Secretary determines such provi8 sions of law would prohibit, restrict, delay or otherwise 

9 limit the provision of such assistance and a notice of and 

10 justification for such waiver is submitted to the appro11 priate congressional committees: Provided further, That 

12 the term ‘‘appropriate congressional committees’’ under 

13 this heading means the ‘‘congressional defense commit14 tees’’, the Committees on Appropriations and Foreign Re15 lations of the Senate and the Committees on Appropria16 tions and Foreign Affairs of the House of Representatives: 

17 Provided further, That the Secretary may provide assist18 ance to third countries for purposes of the provision of 

19 assistance authorized under this heading: Provided fur20 ther, That the Secretary of Defense shall notify the con21 gressional defense committees 15 days prior to the provi22 sion of such assistance: Provided further, That such 

23 amount is designated by the Congress for Overseas Con24 tingency Operations/Global War on Terrorism pursuant to 


emcdonald on DSK67QTVN1PROD with BILLS
128 

•S 2130 PCS

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

2 Emergency Deficit Control Act of 1985. 

3 PROCUREMENT 

4 AIRCRAFT PROCUREMENT, ARMY

5 For an additional amount for ‘‘Aircraft Procurement, 

6 Army’’, $158,087,000, to remain available until Sep7 tember 30, 2018: Provided, That such amount is des8 ignated by the Congress for Overseas Contingency Oper9 ations/Global War on Terrorism pursuant to section 

10 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

11 Deficit Control Act of 1985. 

12 MISSILE PROCUREMENT, ARMY

13 For an additional amount for ‘‘Missile Procurement, 

14 Army’’, $37,260,000, to remain available until September 

15 30, 2018: Provided, That such amount is designated by 

16 the Congress for Overseas Contingency Operations/Global 

17 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

18 the Balanced Budget and Emergency Deficit Control Act 

19 of 1985. 

20 PROCUREMENT OF WEAPONS AND TRACKED COMBAT

21 VEHICLES, ARMY

22 For an additional amount for ‘‘Procurement of Weap23 ons and Tracked Combat Vehicles, Army’’, $26,030,000, 

24 to remain available until September 30, 2018: Provided, 

25 That such amount is designated by the Congress for OverVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
129 

•S 2130 PCS

1 seas Contingency Operations/Global War on Terrorism 

2 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

3 Budget and Emergency Deficit Control Act of 1985. 

4 PROCUREMENT OF AMMUNITION, ARMY

5 For an additional amount for ‘‘Procurement of Am6 munition, Army’’, $192,040,000, to remain available until 

7 September 30, 2018: Provided, That such amount is des8 ignated by the Congress for Overseas Contingency Oper9 ations/Global War on Terrorism pursuant to section 

10 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

11 Deficit Control Act of 1985. 

12 OTHER PROCUREMENT, ARMY

13 For an additional amount for ‘‘Other Procurement, 

14 Army’’, $1,205,596,000, to remain available until Sep15 tember 30, 2018: Provided, That such amount is des16 ignated by the Congress for Overseas Contingency Oper17 ations/Global War on Terrorism pursuant to section 

18 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

19 Deficit Control Act of 1985. 

20 AIRCRAFT PROCUREMENT, NAVY

21 For an additional amount for ‘‘Aircraft Procurement, 

22 Navy’’, $217,394,000, to remain available until September 

23 30, 2018: Provided, That such amount is designated by 

24 the Congress for Overseas Contingency Operations/Global 

25 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 


emcdonald on DSK67QTVN1PROD with BILLS
130 

•S 2130 PCS

1 the Balanced Budget and Emergency Deficit Control Act 

2 of 1985. 

3 WEAPONS PROCUREMENT, NAVY

4 For an additional amount for ‘‘Weapons Procure5 ment, Navy’’, $3,344,000, to remain available until Sep6 tember 30, 2018: Provided, That such amount is des7 ignated by the Congress for Overseas Contingency Oper8 ations/Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 PROCUREMENT OF AMMUNITION, NAVY AND MARINE

12 CORPS

13 For an additional amount for ‘‘Procurement of Am14 munition, Navy and Marine Corps’’, $136,930,000, to re15 main available until September 30, 2018: Provided, That 

16 such amount is designated by the Congress for Overseas 

17 Contingency Operations/Global War on Terrorism pursu18 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

19 and Emergency Deficit Control Act of 1985. 

20 OTHER PROCUREMENT, NAVY

21 For an additional amount for ‘‘Other Procurement, 

22 Navy’’, $12,186,000, to remain available until September 

23 30, 2018: Provided, That such amount is designated by 

24 the Congress for Overseas Contingency Operations/Global 

25 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 


emcdonald on DSK67QTVN1PROD with BILLS
131 

•S 2130 PCS

1 the Balanced Budget and Emergency Deficit Control Act 

2 of 1985. 

3 PROCUREMENT, MARINE CORPS

4 For an additional amount for ‘‘Procurement, Marine 

5 Corps’’, $48,934,000, to remain available until September 

6 30, 2018: Provided, That such amount is designated by 

7 the Congress for Overseas Contingency Operations/Global 

8 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

9 the Balanced Budget and Emergency Deficit Control Act 

10 of 1985. 

11 AIRCRAFT PROCUREMENT, AIR FORCE

12 For an additional amount for ‘‘Aircraft Procurement, 

13 Air Force’’, $128,900,000, to remain available until Sep14 tember 30, 2018: Provided, That such amount is des15 ignated by the Congress for Overseas Contingency Oper16 ations/Global War on Terrorism pursuant to section 

17 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

18 Deficit Control Act of 1985. 

19 MISSILE PROCUREMENT, AIR FORCE

20 For an additional amount for ‘‘Missile Procurement, 

21 Air Force’’, $289,142,000, to remain available until Sep22 tember 30, 2018: Provided, That such amount is des23 ignated by the Congress for Overseas Contingency Oper24 ations/Global War on Terrorism pursuant to section 


emcdonald on DSK67QTVN1PROD with BILLS
132 

•S 2130 PCS

1 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 PROCUREMENT OF AMMUNITION, AIR FORCE

4 For an additional amount for ‘‘Procurement of Am5 munition, Air Force’’, $228,874,000, to remain available 

6 until September 30, 2018: Provided, That such amount 

7 is designated by the Congress for Overseas Contingency 

8 Operations/Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 OTHER PROCUREMENT, AIR FORCE

12 For an additional amount for ‘‘Other Procurement, 

13 Air Force’’, $3,829,964,000, to remain available until 

14 September 30, 2018: Provided, That such amount is des15 ignated by the Congress for Overseas Contingency Oper16 ations/Global War on Terrorism pursuant to section 

17 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

18 Deficit Control Act of 1985. 

19 PROCUREMENT, DEFENSE-WIDE

20 For an additional amount for ‘‘Procurement, De21 fense-Wide’’, $173,918,000, to remain available until Sep22 tember 30, 2018: Provided, That such amount is des23 ignated by the Congress for Overseas Contingency Oper24 ations/Global War on Terrorism pursuant to section 


emcdonald on DSK67QTVN1PROD with BILLS
133 

•S 2130 PCS

1 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

2 Deficit Control Act of 1985. 

3 NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT

4 For procurement of aircraft, missiles, tracked combat 

5 vehicles, ammunition, other weapons and other procure6 ment for the reserve components of the Armed Forces, 

7 $1,000,000,000, to remain available for obligation until 

8 September 30, 2018: Provided, That the Chiefs of Na9 tional Guard and Reserve components shall, not later than 

10 30 days after enactment of this Act, individually submit 

11 to the congressional defense committees the modernization 

12 priority assessment for their respective National Guard or 

13 Reserve component: Provided further, That such amount 

14 is designated by the Congress for Overseas Contingency 

15 Operations/Global War on Terrorism pursuant to section 

16 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

17 Deficit Control Act of 1985. 

18 RESEARCH, DEVELOPMENT, TEST AND 

19 EVALUATION 

20 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

21 ARMY

22 For an additional amount for ‘‘Research, Develop23 ment, Test and Evaluation, Army’’, $1,500,000, to remain 

24 available until September 30, 2017: Provided, That such 

25 amount is designated by the Congress for Overseas ConVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
134 

•S 2130 PCS

1 tingency Operations/Global War on Terrorism pursuant to 

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

3 Emergency Deficit Control Act of 1985. 

4 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

5 NAVY

6 For an additional amount for ‘‘Research, Develop7 ment, Test and Evaluation, Navy’’, $35,747,000, to re8 main available until September 30, 2017: Provided, That 

9 such amount is designated by the Congress for Overseas 

10 Contingency Operations/Global War on Terrorism pursu11 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

12 and Emergency Deficit Control Act of 1985. 

13 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

14 AIR FORCE

15 For an additional amount for ‘‘Research, Develop16 ment, Test and Evaluation, Air Force’’, $17,100,000, to 

17 remain available until September 30, 2017: Provided, 

18 That such amount is designated by the Congress for Over19 seas Contingency Operations/Global War on Terrorism 

20 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

21 Budget and Emergency Deficit Control Act of 1985. 

22 RESEARCH, DEVELOPMENT, TEST AND EVALUATION, 

23 DEFENSE-WIDE

24 For an additional amount for ‘‘Research, Develop25 ment, Test and Evaluation, Defense-Wide’’, 


emcdonald on DSK67QTVN1PROD with BILLS
135 

•S 2130 PCS

1 $137,087,000, to remain available until September 30, 

2 2017: Provided, That such amount is designated by the 

3 Congress for Overseas Contingency Operations/Global 

4 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

5 the Balanced Budget and Emergency Deficit Control Act 

6 of 1985. 

7 REVOLVING AND MANAGEMENT FUNDS 

8 DEFENSE WORKING CAPITAL FUNDS

9 For an additional amount for ‘‘Defense Working 

10 Capital Funds’’, $88,850,000: Provided, That such 

11 amount is designated by the Congress for Overseas Con12 tingency Operations/Global War on Terrorism pursuant to 

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

14 Emergency Deficit Control Act of 1985. 

15 OTHER DEPARTMENT OF DEFENSE PROGRAMS 

16 DEFENSE HEALTH PROGRAM

17 For an additional amount for ‘‘Defense Health Pro18 gram’’, $272,704,000, which shall be for operation and 

19 maintenance: Provided, That such amount is designated 

20 by the Congress for Overseas Contingency Operations/ 

21 Global War on Terrorism pursuant to section 

22 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

23 Deficit Control Act of 1985. 


emcdonald on DSK67QTVN1PROD with BILLS
136 

•S 2130 PCS

1 DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, 

2 DEFENSE

3 For an additional amount for ‘‘Drug Interdiction and 

4 Counter-Drug Activities, Defense’’, $186,000,000: Pro5 vided, That such amount is designated by the Congress 

6 for Overseas Contingency Operations/Global War on Ter7 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal8 anced Budget and Emergency Deficit Control Act of 1985. 

9 JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

10 (INCLUDING TRANSFER OF FUNDS)

11 For the ‘‘Joint Improvised Explosive Device Defeat 

12 Fund’’, $290,000,000, to remain available until Sep13 tember 30, 2018: Provided, That such funds shall be avail14 able to the Secretary of Defense, notwithstanding any 

15 other provision of law, for the purpose of allowing the Di16 rector of the Joint Improvised Explosive Device Defeat 

17 Organization to investigate, develop and provide equip18 ment, supplies, services, training, facilities, personnel and 

19 funds to assist United States forces in the defeat of impro20 vised explosive devices: Provided further, That the Sec21 retary of Defense may transfer funds provided herein to 

22 appropriations for military personnel; operation and main23 tenance; procurement; research, development, test and 

24 evaluation; and defense working capital funds to accom25 plish the purpose provided herein: Provided further, That 


emcdonald on DSK67QTVN1PROD with BILLS
137 

•S 2130 PCS

1 this transfer authority is in addition to any other transfer 

2 authority available to the Department of Defense: Pro3 vided further, That the Secretary of Defense shall, not 

4 fewer than 15 days prior to making transfers from this 

5 appropriation, notify the congressional defense committees 

6 in writing of the details of any such transfer: Provided 

7 further, That such amount is designated by the Congress 

8 for Overseas Contingency Operations/Global War on Ter9 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal10 anced Budget and Emergency Deficit Control Act of 1985. 

11 OFFICE OF THE INSPECTOR GENERAL

12 For an additional amount for the ‘‘Office of the In13 spector General’’, $10,262,000: Provided, That such 

14 amount is designated by the Congress for Overseas Con15 tingency Operations/Global War on Terrorism pursuant to 

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

17 Emergency Deficit Control Act of 1985. 

18 GENERAL PROVISIONS—THIS TITLE 

19 SEC. 9001. Each amount designated in this Act by 

20 the Congress for Overseas Contingency Operations/Global 

21 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

22 the Balanced Budget and Emergency Deficit Control Act 

23 of 1985 shall be available (or rescinded, if applicable) only 

24 if the President subsequently so designates all such 

25 amounts and transmits such designations to the Congress. 


emcdonald on DSK67QTVN1PROD with BILLS
138 

•S 2130 PCS

1 SEC. 9002. Notwithstanding any other provision of 

2 law, funds made available in this title are in addition to 

3 amounts appropriated or otherwise made available for the 

4 Department of Defense for fiscal year 2016. 

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 9003. Upon the determination of the Secretary 

7 of Defense that such action is necessary in the national 

8 interest, the Secretary may, with the approval of the Of9 fice of Management and Budget, transfer up to 

10 $3,500,000,000 between the appropriations or funds made 

11 available to the Department of Defense in this title: Pro12 vided, That the Secretary shall notify the Congress 

13 promptly of each transfer made pursuant to the authority 

14 in this section: Provided further, That the authority pro15 vided in this section is in addition to any other transfer 

16 authority available to the Department of Defense and is 

17 subject to the same terms and conditions as the authority 

18 provided in section 8005 of this Act. 

19 SEC. 9004. Supervision and administration costs and 

20 costs for design during construction associated with a con21 struction project funded with appropriations available for 

22 operation and maintenance or the ‘‘Afghanistan Security 

23 Forces Fund’’ provided in this Act and executed in direct 

24 support of overseas contingency operations in Afghani25 stan, may be obligated at the time a construction contract 


emcdonald on DSK67QTVN1PROD with BILLS
139 

•S 2130 PCS

1 is awarded: Provided, That, for the purpose of this section, 

2 supervision and administration costs and costs for design 

3 during construction include all in-house Government costs. 

4 SEC. 9005. From funds made available in this title, 

5 the Secretary of Defense may purchase for use by military 

6 and civilian employees of the Department of Defense in 

7 the U.S. Central Command area of responsibility: (a) pas8 senger motor vehicles up to a limit of $75,000 per vehicle; 

9 and (b) heavy and light armored vehicles for the physical 

10 security of personnel or for force protection purposes up 

11 to a limit of $400,000 per vehicle, notwithstanding price 

12 or other limitations applicable to the purchase of pas13 senger carrying vehicles. 

14 SEC. 9006. Not to exceed $5,000,000 of the amounts 

15 appropriated by this title under the heading ‘‘Operation 

16 and Maintenance, Army’’ may be used, notwithstanding 

17 any other provision of law, to fund the Commanders’ 

18 Emergency Response Program (CERP), for the purpose 

19 of enabling military commanders in Afghanistan to re20 spond to urgent, small-scale, humanitarian relief and re21 construction requirements within their areas of responsi22 bility: Provided, That each project (including any ancillary 

23 or related elements in connection with such project) exe24 cuted under this authority shall not exceed $2,000,000: 

25 Provided further, That not later than 45 days after the 


emcdonald on DSK67QTVN1PROD with BILLS
140 

•S 2130 PCS

1 end of each 6 months of the fiscal year, the Secretary of 

2 Defense shall submit to the congressional defense commit3 tees a report regarding the source of funds and the alloca4 tion and use of funds during that 6-month period that 

5 were made available pursuant to the authority provided 

6 in this section or under any other provision of law for the 

7 purposes described herein: Provided further, That, not 

8 later than 30 days after the end of each fiscal year quar9 ter, the Army shall submit to the congressional defense 

10 committees quarterly commitment, obligation, and expend11 iture data for the CERP in Afghanistan: Provided further, 

12 That not less than 15 days before making funds available 

13 pursuant to the authority provided in this section or under 

14 any other provision of law for the purposes described here15 in for a project with a total anticipated cost for completion 

16 of $500,000 or more, the Secretary shall submit to the 

17 congressional defense committees a written notice con18 taining each of the following: 

19 (1) The location, nature and purpose of the 

20 proposed project, including how the project is in21 tended to advance the military campaign plan for 

22 the country in which it is to be carried out. 

23 (2) The budget, implementation timeline with 

24 milestones, and completion date for the proposed 

25 project, including any other CERP funding that has 


emcdonald on DSK67QTVN1PROD with BILLS
141 

•S 2130 PCS

1 been or is anticipated to be contributed to the com2 pletion of the project. 

3 (3) A plan for the sustainment of the proposed 

4 project, including the agreement with either the host 

5 nation, a non-Department of Defense agency of the 

6 United States Government or a third-party contrib7 utor to finance the sustainment of the activities and 

8 maintenance of any equipment or facilities to be pro9 vided through the proposed project. 

10 SEC. 9007. Funds available to the Department of De11 fense for operation and maintenance may be used, not12 withstanding any other provision of law, to provide sup13 plies, services, transportation, including airlift and sealift, 

14 and other logistical support to coalition forces supporting 

15 military and stability operations in Afghanistan and to 

16 counter the Islamic State of Iraq and the Levant: Pro17 vided, That the Secretary of Defense shall provide quar18 terly reports to the congressional defense committees re19 garding support provided under this section. 

20 SEC. 9008. None of the funds appropriated or other21 wise made available by this or any other Act shall be obli22 gated or expended by the United States Government for 

23 a purpose as follows: 


emcdonald on DSK67QTVN1PROD with BILLS
142 

•S 2130 PCS

1 (1) To establish any military installation or 

2 base for the purpose of providing for the permanent 

3 stationing of United States Armed Forces in Iraq. 

4 (2) To exercise United States control over any 

5 oil resource of Iraq. 

6 (3) To establish any military installation or 

7 base for the purpose of providing for the permanent 

8 stationing of United States Armed Forces in Af9 ghanistan. 

10 SEC. 9009. None of the funds made available in this 

11 Act may be used in contravention of the following laws 

12 enacted or regulations promulgated to implement the 

13 United Nations Convention Against Torture and Other 

14 Cruel, Inhuman or Degrading Treatment or Punishment 

15 (done at New York on December 10, 1984): 

16 (1) Section 2340A of title 18, United States 

17 Code. 

18 (2) Section 2242 of the Foreign Affairs Reform 

19 and Restructuring Act of 1998 (division G of Public 

20 Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 

21 note) and regulations prescribed thereto, including 

22 regulations under part 208 of title 8, Code of Fed23 eral Regulations, and part 95 of title 22, Code of 

24 Federal Regulations. 


emcdonald on DSK67QTVN1PROD with BILLS
143 

•S 2130 PCS

1 (3) Sections 1002 and 1003 of the Department 

2 of Defense, Emergency Supplemental Appropriations 

3 to Address Hurricanes in the Gulf of Mexico, and 

4 Pandemic Influenza Act, 2006 (Public Law 109– 

5 148). 

6 SEC. 9010. None of the funds provided for the ‘‘Af7 ghanistan Security Forces Fund’’ (ASFF) may be obli8 gated prior to the approval of a financial and activity plan 

9 by the Afghanistan Resources Oversight Council (AROC) 

10 of the Department of Defense: Provided, That the AROC 

11 must approve the requirement and acquisition plan for any 

12 service requirements in excess of $50,000,000 annually 

13 and any non-standard equipment requirements in excess 

14 of $100,000,000 using ASFF: Provided further, That the 

15 Department of Defense must certify to the congressional 

16 defense committees that the AROC has convened and ap17 proved a process for ensuring compliance with the require18 ments in the preceding proviso and accompanying report 

19 language for the ASFF. 

20 SEC. 9011. Funds made available in this title to the 

21 Department of Defense for operation and maintenance 

22 may be used to purchase items having an investment unit 

23 cost of not more than $250,000: Provided, That, upon de24 termination by the Secretary of Defense that such action 

25 is necessary to meet the operational requirements of a 


emcdonald on DSK67QTVN1PROD with BILLS
144 

•S 2130 PCS

1 Commander of a Combatant Command engaged in contin2 gency operations overseas, such funds may be used to pur3 chase items having an investment item unit cost of not 

4 more than $500,000. 

5 SEC. 9012. From funds made available to the De6 partment of Defense in this title under the heading ‘‘Oper7 ation and Maintenance, Air Force’’, up to $140,000,000 

8 may be used by the Secretary of Defense, notwithstanding 

9 any other provision of law, to support United States Gov10 ernment transition activities in Iraq by funding the oper11 ations and activities of the Office of Security Cooperation 

12 in Iraq and security assistance teams, including life sup13 port, transportation and personal security, and facilities 

14 renovation and construction, and site closeout activities 

15 prior to returning sites to the Government of Iraq: Pro16 vided, That, to the extent authorized under the National 

17 Defense Authorization Act for Fiscal Year 2016, the oper18 ations and activities that may be carried out by the Office 

19 of Security Cooperation in Iraq may, with the concurrence 

20 of the Secretary of State, include non-operational training 

21 activities in support of Iraqi Minister of Defense and 

22 Counter Terrorism Service personnel in an institutional 

23 environment to address capability gaps, integrate proc24 esses relating to intelligence, air sovereignty, combined 

25 arms, logistics and maintenance, and to manage and inteVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
145 

•S 2130 PCS

1 grate defense-related institutions: Provided further, That 

2 not later than 30 days following the enactment of this Act, 

3 the Secretary of Defense and the Secretary of State shall 

4 submit to the congressional defense committees a plan for 

5 transitioning any such training activities that they deter6 mine are needed after the end of fiscal year 2016, to exist7 ing or new contracts for the sale of defense articles or 

8 defense services consistent with the provisions of the Arms 

9 Export Control Act (22 U.S.C. 2751 et seq.): Provided 

10 further, That, not less than 15 days before making funds 

11 available pursuant to the authority provided in this sec12 tion, the Secretary of Defense shall submit to the congres13 sional defense committees a written notice containing a 

14 detailed justification and timeline for the operations and 

15 activities of the Office of Security Cooperation in Iraq at 

16 each site where such operations and activities will be con17 ducted during fiscal year 2016. 

18 SEC. 9013. None of the funds made available by this 

19 Act may be used with respect to Syria in contravention 

20 of the War Powers Resolution (50 U.S.C. 1541 et seq.), 

21 including for the introduction of United States armed or 

22 military forces into hostilities in Syria, into situations in 

23 Syria where imminent involvement in hostilities is clearly 

24 indicated by the circumstances, or into Syrian territory, 

25 airspace, or waters while equipped for combat, in conVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
146 

•S 2130 PCS

1 travention of the congressional consultation and reporting 

2 requirements of sections 3 and 4 of that law (50 U.S.C. 

3 1542 and 1543). 

4 SEC. 9014. For the ‘‘Ukraine Security Assistance Ini5 tiative’’ as authorized by section 1251 of S. 1376, the Na6 tional Defense Authorization Act for Fiscal Year 2016, 

7 as reported, $300,000,000 is hereby appropriated to pro8 vide appropriate security assistance and intelligence sup9 port, including training, equipment, and logistics support, 

10 supplies and services, to military and other security forces 

11 of the Government of Ukraine: Provided, That such 

12 amount is designated by the Congress for Overseas Con13 tingency Operations/Global War on Terrorism pursuant to 

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

15 Emergency Deficit Control Act of 1985. 

16 SEC. 9015. None of the funds in this Act may be 

17 made available for the transfer of additional C–130 cargo 

18 aircraft to the Afghanistan National Security Forces or 

19 the Afghanistan Air Force until the Department of De20 fense provides a report to the congressional defense com21 mittees of the Afghanistan Air Force’s medium airlift re22 quirements. The report should identify Afghanistan’s abil23 ity to utilize and maintain existing medium lift aircraft 

24 in the inventory and the best alternative platform, if necVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00146 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
147 

•S 2130 PCS

1 essary, to provide additional support to the Afghanistan 

2 Air Force’s current medium airlift capacity. 

3 SEC. 9016. The Secretary of Defense may obligate 

4 and expend funds made available to the Department of 

5 Defense in this title for additional costs associated with 

6 projects funded with amounts provided under the heading 

7 ‘‘Afghanistan Infrastructure Fund’’ in prior Acts: Pro8 vided, That such costs shall be limited to contract changes 

9 resulting from inflation, market fluctuation, rate adjust10 ments, and other necessary contract actions to complete 

11 the projects, and associated supervision and administra12 tion costs and costs for design during construction: Pro13 vided further, That the Secretary may not use more than 

14 $100,000,000 under the authority provided in this section: 

15 Provided further, That the Secretary shall highlight such 

16 contract changes and adjustments in annual reports to the 

17 congressional defense committees. 

18 SEC. 9017. It is the sense of the Senate that Con19 gress should enact an updated Authorization for Use of 

20 Military Force to clarify the United States military role 

21 against the Islamic State of Iraq and the Levant (ISIL). 

22 This division may be cited as the ‘‘Department of De23 fense Appropriations Act, 2016’’. 


emcdonald on DSK67QTVN1PROD with BILLS
148 

•S 2130 PCS

1 DIVISION B—ENERGY AND WATER DEVEL2 OPMENT AND RELATED AGENCIES AP3 PROPRIATIONS ACT, 2016 

4 TITLE I 

5 CORPS OF ENGINEERS—CIVIL 

6 DEPARTMENT OF THE ARMY 

7 CORPS OF ENGINEERS—CIVIL

8 The following appropriations shall be expended under 

9 the direction of the Secretary of the Army and the super10 vision of the Chief of Engineers for authorized civil func11 tions of the Department of the Army pertaining to river 

12 and harbor, flood and storm damage reduction, shore pro13 tection, aquatic ecosystem restoration, and related efforts. 

14 INVESTIGATIONS

15 For expenses necessary where authorized by law for 

16 the collection and study of basic information pertaining 

17 to river and harbor, flood and storm damage reduction, 

18 shore protection, aquatic ecosystem restoration, and re19 lated needs; for surveys and detailed studies, and plans 

20 and specifications of proposed river and harbor, flood and 

21 storm damage reduction, shore protection, and aquatic 

22 ecosystem restoration projects, and related efforts prior to 

23 construction; for restudy of authorized projects; and for 

24 miscellaneous investigations, and, when authorized by law, 

25 surveys and detailed studies, and plans and specifications 


emcdonald on DSK67QTVN1PROD with BILLS
149 

•S 2130 PCS

1 of projects prior to construction, $109,000,000, to remain 

2 available until expended. 

3 CONSTRUCTION

4 For expenses necessary for the construction of river 

5 and harbor, flood and storm damage reduction, shore pro6 tection, aquatic ecosystem restoration, and related 

7 projects authorized by law; for conducting detailed studies, 

8 and plans and specifications, of such projects (including 

9 those involving participation by States, local governments, 

10 or private groups) authorized or made eligible for selection 

11 by law (but such detailed studies, and plans and specifica12 tions, shall not constitute a commitment of the Govern13 ment to construction); $1,641,000,000, to remain avail14 able until expended; of which such sums as are necessary 

15 to cover the Federal share of construction costs for facili16 ties under the Dredged Material Disposal Facilities pro17 gram shall be derived from the Harbor Maintenance Trust 

18 Fund as authorized by Public Law 104–303; and of which 

19 such sums as are necessary to cover one-half of the costs 

20 of construction, replacement, rehabilitation, and expansion 

21 of inland waterways projects shall be derived from the In22 land Waterways Trust Fund, except as otherwise specifi23 cally provided for in law. 


emcdonald on DSK67QTVN1PROD with BILLS
150 

•S 2130 PCS

1 MISSISSIPPI RIVER AND TRIBUTARIES

2 For expenses necessary for flood damage reduction 

3 projects and related efforts in the Mississippi River allu4 vial valley below Cape Girardeau, Missouri, as authorized 

5 by law, $330,000,000, to remain available until expended, 

6 of which such sums as are necessary to cover the Federal 

7 share of eligible operation and maintenance costs for in8 land harbors shall be derived from the Harbor Mainte9 nance Trust Fund. 

10 OPERATION AND MAINTENANCE

11 For expenses necessary for the operation, mainte12 nance, and care of existing river and harbor, flood and 

13 storm damage reduction, aquatic ecosystem restoration, 

14 and related projects authorized by law; providing security 

15 for infrastructure owned or operated by the Corps, includ16 ing administrative buildings and laboratories; maintaining 

17 harbor channels provided by a State, municipality, or 

18 other public agency that serve essential navigation needs 

19 of general commerce, where authorized by law; surveying 

20 and charting northern and northwestern lakes and con21 necting waters; clearing and straightening channels; and 

22 removing obstructions to navigation, $2,909,000,000, to 

23 remain available until expended, of which such sums as 

24 are necessary to cover the Federal share of eligible oper25 ation and maintenance costs for coastal harbors and chanVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
151 

•S 2130 PCS

1 nels, and for inland harbors shall be derived from the Har2 bor Maintenance Trust Fund; of which such sums as be3 come available from the special account for the Corps of 

4 Engineers established by the Land and Water Conserva5 tion Fund Act of 1965 shall be derived from that account 

6 for resource protection, research, interpretation, and 

7 maintenance activities related to resource protection in the 

8 areas at which outdoor recreation is available; and of 

9 which such sums as become available from fees collected 

10 under section 217 of Public Law 104–303 shall be used 

11 to cover the cost of operation and maintenance of the 

12 dredged material disposal facilities for which such fees 

13 have been collected: Provided, That 1 percent of the total 

14 amount of funds provided for each of the programs, 

15 projects, or activities funded under this heading shall not 

16 be allocated to a field operating activity prior to the begin17 ning of the fourth quarter of the fiscal year and shall be 

18 available for use by the Chief of Engineers to fund such 

19 emergency activities as the Chief of Engineers determines 

20 to be necessary and appropriate, and that the Chief of En21 gineers shall allocate during the fourth quarter any re22 maining funds which have not been used for emergency 

23 activities proportionally in accordance with the amounts 

24 provided for the programs, projects, or activities. 


emcdonald on DSK67QTVN1PROD with BILLS
152 

•S 2130 PCS

1 REGULATORY PROGRAM

2 For expenses necessary for administration of laws 

3 pertaining to regulation of navigable waters and wetlands, 

4 $200,000,000, to remain available until September 30, 

5 2017. 

6 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

7 For expenses necessary to clean up contamination 

8 from sites in the United States resulting from work per9 formed as part of the Nation’s early atomic energy pro10 gram, $101,500,000, to remain available until expended. 

11 FLOOD CONTROL AND COASTAL EMERGENCIES

12 For expenses necessary to prepare for flood, hurri13 cane, and other natural disasters and support emergency 

14 operations, repairs, and other activities in response to 

15 such disasters as authorized by law, $28,000,000, to re16 main available until expended. 

17 EXPENSES

18 For expenses necessary for the supervision and gen19 eral administration of the civil works program in the head20 quarters of the Corps of Engineers and the offices of the 

21 Division Engineers; and for costs of management and op22 eration of the Humphreys Engineer Center Support Activ23 ity, the Institute for Water Resources, the United States 

24 Army Engineer Research and Development Center, and 

25 the United States Army Corps of Engineers Finance CenVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00152 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
153 

•S 2130 PCS

1 ter allocable to the civil works program, $178,000,000, to 

2 remain available until September 30, 2017, of which not 

3 to exceed $5,000 may be used for official reception and 

4 representation purposes and only during the current fiscal 

5 year: Provided, That no part of any other appropriation 

6 provided in this title shall be available to fund the civil 

7 works activities of the Office of the Chief of Engineers 

8 or the civil works executive direction and management ac9 tivities of the division offices: Provided further, That any 

10 Flood Control and Coastal Emergencies appropriation 

11 may be used to fund the supervision and general adminis12 tration of emergency operations, repairs, and other activi13 ties in response to any flood, hurricane, or other natural 

14 disaster. 

15 OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY

16 FOR CIVIL WORKS

17 For the Office of the Assistant Secretary of the Army 

18 for Civil Works as authorized by 10 U.S.C. 3016(b)(3), 

19 $3,000,000, to remain available until September 30, 2017. 

20 GENERAL PROVISIONS—CORPS OF 

21 ENGINEERS—CIVIL 

22 (INCLUDING TRANSFER AND RESCISSION OF FUNDS)

23 SEC. 101. (a) None of the funds provided in title I 

24 of this Act, or provided by previous appropriations Acts 

25 to the agencies or entities funded in title I of this Act 


emcdonald on DSK67QTVN1PROD with BILLS
154 

•S 2130 PCS

1 that remain available for obligation or expenditure in fiscal 

2 year 2016, shall be available for obligation or expenditure 

3 through a reprogramming of funds that: 

4 (1) creates or initiates a new program, project, 

5 or activity; 

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

7 (3) increases funds or personnel for any pro8 gram, project, or activity for which funds have been 

9 denied or restricted by this Act, unless prior ap10 proval is received from the House and Senate Com11 mittees on Appropriations; 

12 (4) proposes to use funds directed for a specific 

13 activity for a different purpose, unless prior approval 

14 is received from the House and Senate Committees 

15 on Appropriations; 

16 (5) augments or reduces existing programs, 

17 projects or activities in excess of the amounts con18 tained in subsections 6 through 10, unless prior ap19 proval is received from the House and Senate Com20 mittees on Appropriations; 

21 (6) INVESTIGATIONS.—For a base level over 

22 $100,000, reprogramming of 25 percent of the base 

23 amount up to a limit of $150,000 per project, study 

24 or activity is allowed: Provided, That for a base level 

25 less than $100,000, the reprogramming limit is 


emcdonald on DSK67QTVN1PROD with BILLS
155 

•S 2130 PCS

1 $25,000: Provided further, That up to $25,000 may 

2 be reprogrammed into any continuing study or activ3 ity that did not receive an appropriation for existing 

4 obligations and concomitant administrative expenses; 

5 (7) CONSTRUCTION.—For a base level over 

6 $2,000,000, reprogramming of 15 percent of the 

7 base amount up to a limit of $3,000,000 per project, 

8 study or activity is allowed: Provided, That for a 

9 base level less than $2,000,000, the reprogramming 

10 limit is $300,000: Provided further, That up to 

11 $3,000,000 may be reprogrammed for settled con12 tractor claims, changed conditions, or real estate de13 ficiency judgments: Provided further, That up to 

14 $300,000 may be reprogrammed into any continuing 

15 study or activity that did not receive an appropria16 tion for existing obligations and concomitant admin17 istrative expenses; 

18 (8) OPERATIONS AND MAINTENANCE.—Unlim19 ited reprogramming authority is granted in order for 

20 the Corps to be able to respond to emergencies: Pro21 vided, That the Chief of Engineers must notify the 

22 House and Senate Committees on Appropriations of 

23 these emergency actions as soon thereafter as prac24 ticable: Provided further, That for a base level over 

25 $1,000,000, reprogramming of 15 percent of the 


emcdonald on DSK67QTVN1PROD with BILLS
156 

•S 2130 PCS

1 base amount a limit of $5,000,000 per project, study 

2 or activity is allowed: Provided further, That for a 

3 base level less than $1,000,000, the reprogramming 

4 limit is $150,000: Provided further, That $150,000 

5 may be reprogrammed into any continuing study or 

6 activity that did not receive an appropriation; 

7 (9) MISSISSIPPI RIVER AND TRIBUTARIES.— 

8 The same reprogramming guidelines for the Inves9 tigations, Construction, and Operation and Mainte10 nance portions of the Mississippi River and Tribu11 taries Account as listed above; and 

12 (10) FORMERLY UTILIZED SITES REMEDIAL AC13 TION PROGRAM.—Reprogramming of up to 15 per14 cent of the base of the receiving project is permitted. 

15 (b) DE MINIMUS REPROGRAMMINGS.—In no case 

16 should a reprogramming for less than $50,000 be sub17 mitted to the House and Senate Committees on Appro18 priations. 

19 (c) CONTINUING AUTHORITIES PROGRAM.—Sub20 section (a)(1) shall not apply to any project or activity 

21 funded under the continuing authorities program. 

22 (d) Not later than 60 days after the date of enact23 ment of this Act, the Corps of Engineers shall submit a 

24 report to the House and Senate Committees on Appropria25 tions to establish the baseline for application of reVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
157 

•S 2130 PCS

1 programming and transfer authorities for the current fis2 cal year: Provided, That the report shall include: 

3 (1) A table for each appropriation with a sepa4 rate column to display the President’s budget re5 quest, adjustments made by Congress, adjustments 

6 due to enacted rescissions, if applicable, and the fis7 cal year enacted level; 

8 (2) A delineation in the table for each appro9 priation both by object class and program, project 

10 and activity as detailed in the budget appendix for 

11 the respective appropriations; and 

12 (3) An identification of items of special congres13 sional interest. 

14 SEC. 102. (a) Of the funds made available in prior 

15 appropriations Acts for water resources efforts under the 

16 headings ‘‘Corps of Engineers-Civil, Department of the 

17 Army, Construction’’ that remain unobligated as of the 

18 date of enactment of this Act, including amounts specified 

19 in law for particular projects, programs, or activities, 

20 $128,000,000 is rescinded. 

21 (b) None of the funds under subsection (a) may be 

22 rescinded from amounts that the Congress designated as 

23 an emergency requirement pursuant to the Concurrent 

24 Resolution on the Budget or the Balanced Budget and 

25 Emergency Deficit Control Act of 1985, as amended. 


emcdonald on DSK67QTVN1PROD with BILLS
158 

•S 2130 PCS

1 SEC. 103. The Secretary of the Army may transfer 

2 to the Fish and Wildlife Service, and the Fish and Wildlife 

3 Service may accept and expend, up to $4,700,000 of funds 

4 provided in this title under the heading ‘‘Operation and 

5 Maintenance’’ to mitigate for fisheries lost due to Corps 

6 of Engineers projects. 

7 SEC. 104. None of the funds made available in this 

8 or any other Act making appropriations for Energy and 

9 Water Development for any fiscal year may be used by 

10 the Corps of Engineers during the fiscal year ending Sep11 tember 30, 2016, to develop, adopt, implement, admin12 ister, or enforce any change to the regulations in effect 

13 on October 1, 2012, pertaining to the definitions of the 

14 terms ‘‘fill material’’ or ‘‘discharge of fill material’’ for the 

15 purposes of the Federal Water Pollution Control Act (33 

16 U.S.C. 1251 et seq.). 

17 PROJECT DEAUTHORIZATION

18 SEC. 105. (a) Not later than 180 days after the date 

19 of enactment of this Act, the Secretary shall execute a 

20 transfer agreement with the South Florida Water Manage21 ment District for the project identified as the ‘‘Ten Mile 

22 Creek Water Preserve Area Critical Restoration Project’’, 

23 carried out under section 528(b)(3) of the Water Re24 sources Development Act of 1996 (110 Stat. 3768). 


emcdonald on DSK67QTVN1PROD with BILLS
159 

•S 2130 PCS

1 (b) The transfer agreement under subsection (a) shall 

2 require the South Florida Water Management District to 

3 operate the transferred project as an environmental res4 toration project to provide water storage and water treat5 ment options. 

6 (c) Upon execution of the transfer agreement under 

7 subsection (a), the Ten Mile Creek Water Preserve Area 

8 Critical Restoration Project shall no longer be authorized 

9 as a Federal project. 

10 SEC. 106. Section 5032(a)(2) of the Water Resources 

11 Development Act of 2007 (Public Law 110–114; 121 Stat. 

12 1205) is amended by striking ‘‘15’’ and inserting ‘‘20’’. 

13 SEC. 107. (a) No funds made available in this Act 

14 or any prior Act shall be available to reallocate water with15 in the Alabama-Coosa-Tallapoosa (ACT) river basin, or 

16 any study thereof, until the Corps of Engineers has exe17 cuted a Partnering Agreement with Alabama and Georgia 

18 outlining the participation of each State in a water re19 allocation study for the ACT river basin. 

20 (b) The prohibition in subsection (a) shall apply to 

21 the use of contributed or other non-Federal funds. 


emcdonald on DSK67QTVN1PROD with BILLS
160 

•S 2130 PCS

1 TITLE II 

2 DEPARTMENT OF THE INTERIOR 

3 CENTRAL UTAH PROJECT

4 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

5 For carrying out activities authorized by the Central 

6 Utah Project Completion Act, $9,874,000, to remain 

7 available until expended, of which $1,000,000 shall be de8 posited into the Utah Reclamation Mitigation and Con9 servation Account for use by the Utah Reclamation Miti10 gation and Conservation Commission: Provided, That, of 

11 the amount provided under this heading, $1,350,000 shall 

12 be available until September 30, 2017, for expenses nec13 essary in carrying out related responsibilities of the Sec14 retary of the Interior: Provided further, That, for fiscal 

15 year 2016, of the amount made available to the Commis16 sion under this Act or any other Act, the Commission may 

17 use an amount not to exceed $1,500,000 for administra18 tive expenses. 

19 BUREAU OF RECLAMATION

20 The following appropriations shall be expended to 

21 execute authorized functions of the Bureau of Reclama22 tion: 


emcdonald on DSK67QTVN1PROD with BILLS
161 

•S 2130 PCS

1 WATER AND RELATED RESOURCES

2 (INCLUDING TRANSFERS OF FUNDS)

3 For management, development, and restoration of 

4 water and related natural resources and for related activi5 ties, including the operation, maintenance, and rehabilita6 tion of reclamation and other facilities, participation in 

7 fulfilling related Federal responsibilities to Native Ameri8 cans, and related grants to, and cooperative and other 

9 agreements with, State and local governments, federally 

10 recognized Indian tribes, and others, $988,131,000, to re11 main available until expended, of which $22,000 shall be 

12 available for transfer to the Upper Colorado River Basin 

13 Fund and $5,899,000 shall be available for transfer to the 

14 Lower Colorado River Basin Development Fund; of which 

15 such amounts as may be necessary may be advanced to 

16 the Colorado River Dam Fund: Provided, That such trans17 fers may be increased or decreased within the overall ap18 propriation under this heading: Provided further, That, of 

19 the total appropriated, the amount for program activities 

20 that can be financed by the Reclamation Fund or the Bu21 reau of Reclamation special fee account established by 16 

22 U.S.C. 6806 shall be derived from that Fund or account: 

23 Provided further, That funds contributed under 43 U.S.C. 

24 395 are available until expended for the purposes for 

25 which the funds were contributed: Provided further, That 


emcdonald on DSK67QTVN1PROD with BILLS
162 

•S 2130 PCS

1 funds advanced under 43 U.S.C. 397a shall be credited 

2 to this account and are available until expended for the 

3 same purposes as the sums appropriated under this head4 ing: Provided further, That, of the amounts provided here5 in, funds may be used for high-priority projects which 

6 shall be carried out by the Youth Conservation Corps, as 

7 authorized by 16 U.S.C. 1706. 

8 CENTRAL VALLEY PROJECT RESTORATION FUND

9 For carrying out the programs, projects, plans, habi10 tat restoration, improvement, and acquisition provisions of 

11 the Central Valley Project Improvement Act, $49,528,000, 

12 to be derived from such sums as may be collected in the 

13 Central Valley Project Restoration Fund pursuant to sec14 tions 3407(d), 3404(c)(3), and 3405(f) of Public Law 

15 102–575, to remain available until expended: Provided, 

16 That the Bureau of Reclamation is directed to assess and 

17 collect the full amount of the additional mitigation and 

18 restoration payments authorized by section 3407(d) of 

19 Public Law 102–575: Provided further, That none of the 

20 funds made available under this heading may be used for 

21 the acquisition or leasing of water for in-stream purposes 

22 if the water is already committed to in-stream purposes 

23 by a court adopted decree or order. 


emcdonald on DSK67QTVN1PROD with BILLS
163 

•S 2130 PCS

1 CALIFORNIA BAY-DELTA RESTORATION

2 (INCLUDING TRANSFERS OF FUNDS)

3 For carrying out activities authorized by the Water 

4 Supply, Reliability, and Environmental Improvement Act, 

5 consistent with plans to be approved by the Secretary of 

6 the Interior, $37,000,000, to remain available until ex7 pended, of which such amounts as may be necessary to 

8 carry out such activities may be transferred to appropriate 

9 accounts of other participating Federal agencies to carry 

10 out authorized purposes: Provided, That funds appro11 priated herein may be used for the Federal share of the 

12 costs of CALFED Program management: Provided fur13 ther, That CALFED implementation shall be carried out 

14 in a balanced manner with clear performance measures 

15 demonstrating concurrent progress in achieving the goals 

16 and objectives of the Program. 

17 POLICY AND ADMINISTRATION

18 For expenses necessary for policy, administration, 

19 and related functions in the Office of the Commissioner, 

20 the Denver office, and offices in the five regions of the 

21 Bureau of Reclamation, to remain available until Sep22 tember 30, 2017, $58,500,000, to be derived from the 

23 Reclamation Fund and be nonreimbursable as provided in 

24 43 U.S.C. 377: Provided, That no part of any other approVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00163 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
164 

•S 2130 PCS

1 priation in this Act shall be available for activities or func2 tions budgeted as policy and administration expenses. 

3 ADMINISTRATIVE PROVISION

4 Appropriations for the Bureau of Reclamation shall 

5 be available for purchase of not to exceed five passenger 

6 motor vehicles, which are for replacement only. 

7 GENERAL PROVISIONS—DEPARTMENT OF THE 

8 INTERIOR 

9 SEC. 201. (a) None of the funds provided in this title 

10 shall be available for obligation or expenditure through a 

11 reprogramming of funds that— 

12 (1) creates or initiates a new program, project, 

13 or activity; 

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

15 (3) increases funds for any program, project, or 

16 activity for which funds have been denied or re17 stricted by this Act; 

18 (4) restarts or resumes any program, project or 

19 activity for which funds are not provided in this Act, 

20 unless prior approval is received from the Commit21 tees on Appropriations of both Houses of Congress; 

22 (5) transfers funds in excess of the following 

23 limits— 


emcdonald on DSK67QTVN1PROD with BILLS
165 

•S 2130 PCS

1 (A) 15 percent for any program, project or 

2 activity for which $2,000,000 or more is avail3 able at the beginning of the fiscal year; or 

4 (B) $300,000 for any program, project or 

5 activity for which less than $2,000,000 is avail6 able at the beginning of the fiscal year; 

7 (6) transfers more than $500,000 from either 

8 the Facilities Operation, Maintenance, and Rehabili9 tation category or the Resources Management and 

10 Development category to any program, project, or 

11 activity in the other category; or 

12 (7) transfers, when necessary to discharge legal 

13 obligations of the Bureau of Reclamation, more than 

14 $5,000,000 to provide adequate funds for settled 

15 contractor claims, increased contractor earnings due 

16 to accelerated rates of operations, and real estate de17 ficiency judgments. 

18 (b) Subsection (a)(5) shall not apply to any transfer 

19 of funds within the Facilities Operation, Maintenance, and 

20 Rehabilitation category. 

21 (c) For purposes of this section, the term ‘‘transfer’’ 

22 means any movement of funds into or out of a program, 

23 project, or activity. 

24 (d) The Bureau of Reclamation shall submit reports 

25 on a quarterly basis to the Committees on Appropriations 


emcdonald on DSK67QTVN1PROD with BILLS
166 

•S 2130 PCS

1 of both Houses of Congress detailing all the funds repro2 grammed between programs, projects, activities, or cat3 egories of funding. The first quarterly report shall be sub4 mitted not later than 60 days after the date of enactment 

5 of this Act. 

6 SEC. 202. (a) None of the funds appropriated or oth7 erwise made available by this Act may be used to deter8 mine the final point of discharge for the interceptor drain 

9 for the San Luis Unit until development by the Secretary 

10 of the Interior and the State of California of a plan, which 

11 shall conform to the water quality standards of the State 

12 of California as approved by the Administrator of the En13 vironmental Protection Agency, to minimize any detri14 mental effect of the San Luis drainage waters. 

15 (b) The costs of the Kesterson Reservoir Cleanup 

16 Program and the costs of the San Joaquin Valley Drain17 age Program shall be classified by the Secretary of the 

18 Interior as reimbursable or nonreimbursable and collected 

19 until fully repaid pursuant to the ‘‘Cleanup Program— 

20 Alternative Repayment Plan’’ and the ‘‘SJVDP—Alter21 native Repayment Plan’’ described in the report entitled 

22 ‘‘Repayment Report, Kesterson Reservoir Cleanup Pro23 gram and San Joaquin Valley Drainage Program, Feb24 ruary 1995’’, prepared by the Department of the Interior, 

25 Bureau of Reclamation. Any future obligations of funds 


emcdonald on DSK67QTVN1PROD with BILLS
167 

•S 2130 PCS

1 by the United States relating to, or providing for, drainage 

2 service or drainage studies for the San Luis Unit shall 

3 be fully reimbursable by San Luis Unit beneficiaries of 

4 such service or studies pursuant to Federal reclamation 

5 law. 

6 SEC. 203. Section 9504(e) of the Secure Water Act 

7 of 2009 (42 U.S.C. 10364(e)) is amended by striking 

8 ‘‘$300,000,000’’ and inserting ‘‘$500,000,000’’. 

9 SEC. 204. Title I of Public Law 108–361 (the Calfed 

10 Bay-Delta Authorization Act) (118 Stat. 1681), as 

11 amended by section 210 of Public Law 111–85, is amend12 ed by striking ‘‘2016’’ each place it appears and inserting 

13 ‘‘2020’’. 

14 SEC. 205. The Reclamation Safety of Dams Act of 

15 1978 is amended by— 

16 (1) striking ‘‘Construction’’ and inserting ‘‘Ex17 cept as provided in section 5B, construction’’ in sec18 tion 3; and 

19 (2) inserting after section 5A (43 U.S.C. 509a) 

20 the following: 

21 ‘‘SEC. 5B. Notwithstanding section 3, if the Sec22 retary, in her judgment, determines that additional project 

23 benefits, including but not limited to additional conserva24 tion storage capacity, are necessary and in the interests 

25 of the United States and the project and are feasible and 


emcdonald on DSK67QTVN1PROD with BILLS
168 

•S 2130 PCS

1 not inconsistent with the purposes of this Act, the Sec2 retary is authorized to develop additional project benefits 

3 through the construction of new or supplementary works 

4 on a project in conjunction with the Secretary’s activities 

5 under section 2 of this Act and subject to the conditions 

6 described in the feasibility study, provided the costs associ7 ated with developing the additional project benefits are al8 located to the authorized purposes of the project that have 

9 a benefit, a cost share agreement related to the additional 

10 project benefits is reached among State and Federal fund11 ing agencies and repaid consistent with all provisions of 

12 Federal Reclamation law (the Act of June 17, 1902, 43 

13 U.S.C. 371 et seq.) and acts supplemental to and amend14 atory of that Act.’’. 

15 SEC. 206. Section 5 of the Reclamation Safety of 

16 Dams Act of 1978 (43 U.S.C. 509) is amended in the 

17 first sentence— 

18 (a) by inserting ‘‘and effective October 1, 2015, not 

19 to exceed an additional $1,100,000,000 (October 1, 2003, 

20 price levels),’’ after ‘‘(October 1, 2003, price levels),’’; 

21 (b) in the proviso— 

22 (1) by striking ‘‘$1,250,000’’ and inserting 

23 ‘‘$20,000,000’’; and 

24 (2) by striking ‘‘Congress’’ and inserting ‘‘Com25 mittee on Natural Resources of the House of RepVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00168 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
169 

•S 2130 PCS

1 resentatives and the Committee on Energy and Nat2 ural Resources of the Senate’’; and 

3 (3) by adding at the end the following: ‘‘For 

4 modification expenditures between $1,800,000 and 

5 $20,000,000 (October 1, 2013, price levels), the Sec6 retary of the Interior shall, at least 30 days before 

7 the date on which the funds are expended, submit 

8 written notice of the expenditures to the Committee 

9 on Natural Resources of the House of Representa10 tives and Committee on Energy and Natural Re11 sources of the Senate that provides a summary of 

12 the project, the cost of the project, and any alter13 natives that were considered.’’. 

14 SEC. 207. The Secretary of the Interior, acting 

15 through the Commissioner of Reclamation, shall— 

16 (a) complete the feasibility studies described in 

17 clauses (i)(I) and (ii)(II) of section 103(d)(1)(A) of Public 

18 Law 108–361 (118 Stat. 1684) and submit such studies 

19 to the appropriate committees of the House of Representa20 tives and the Senate not later than December 31, 2015; 

21 (b) complete the feasibility study described in clause 

22 (i)(II) of section 103(d)(1)(A) of Public Law 108–361 and 

23 submit such study to the appropriate committees of the 

24 House of Representatives and the Senate not later than 

25 November 30, 2016; 


emcdonald on DSK67QTVN1PROD with BILLS
170 

•S 2130 PCS

1 (c) complete a publicly available draft feasibility 

2 study for the project described in clause (ii)(I) of section 

3 103(d)(1)(A) of Public Law 108–361 and submit such 

4 study to the appropriate committees of the House of Rep5 resentatives and the Senate not later than November 30, 

6 2016; 

7 (d) complete the feasibility study described in clause 

8 (ii)(I) of section 103(d)(1)(A) of Public Law 108–361 and 

9 submit such study to the appropriate committees of the 

10 House of Representatives and the Senate not later than 

11 November 30, 2017; 

12 (e) complete the feasibility study described in section 

13 103(f)(1)(A) of Public Law 108–361 (118 Stat. 1694) 

14 and submit such study to the appropriate committees of 

15 the House of Representatives and the Senate not later 

16 than December 31, 2017; and 

17 (f) provide a progress report on the status of the fea18 sibility studies referred to in paragraphs (1) through (3) 

19 to the appropriate committees of the House of Representa20 tives and the Senate not later than 90 days after the date 

21 of the enactment of this Act and each 180 days thereafter 

22 until December 31, 2017, as applicable. The report shall 

23 include timelines for study completion, draft environ24 mental impact statements, final environmental impact 

25 statements, and Records of Decision. 


emcdonald on DSK67QTVN1PROD with BILLS
171 

•S 2130 PCS

1 SEC. 208. Notwithstanding any other provision of 

2 this Act, funds provided by this Act for California Bay3 Delta Restoration may be used to deliver water to the 

4 Trinity River above the minimum requirements of the 

5 Trinity Record of Decision or to supplement flows in the 

6 Klamath River. 

7 SEC. 209. Notwithstanding any other provision of 

8 this Act, funds made available by this Act for Central Val9 ley Project Restoration Fund may be used for all author10 ized activities necessary to supplement or enhance the 

11 instream flow requirements in the State of California that 

12 are mandated under the Endangered Species Act of 1973 

13 and the Central Valley Project Improvement Act. 

14 TITLE III 

15 DEPARTMENT OF ENERGY 

16 ENERGY PROGRAMS 

17 ENERGY EFFICIENCY AND RENEWABLE ENERGY

18 (INCLUDING TRANSFER AND RESCISSION OF FUNDS)

19 For Department of Energy expenses including the 

20 purchase, construction, and acquisition of plant and cap21 ital equipment, and other expenses necessary for energy 

22 efficiency and renewable energy activities in carrying out 

23 the purposes of the Department of Energy Organization 

24 Act (42 U.S.C. 7101 et seq.), including the acquisition or 

25 condemnation of any real property or any facility or for 


emcdonald on DSK67QTVN1PROD with BILLS
172 

•S 2130 PCS

1 plant or facility acquisition, construction, or expansion, 

2 $1,950,000,000, to remain available until expended: Pro3 vided, That, of such amount, $160,000,000 shall be avail4 able until September 30, 2017, for program direction: Pro5 vided further, That, of the amount provided under this 

6 heading, the Secretary may transfer up to $45,000,000 

7 to the Defense Production Act Fund for activities of the 

8 Department of Energy pursuant to the Defense Produc9 tion Act of 1950 (50 U.S.C. App. 2061, et seq.). 

10 ELECTRICITY DELIVERY AND ENERGY RELIABILITY

11 For Department of Energy expenses including the 

12 purchase, construction, and acquisition of plant and cap13 ital equipment, and other expenses necessary for elec14 tricity delivery and energy reliability activities in carrying 

15 out the purposes of the Department of Energy Organiza16 tion Act (42 U.S.C. 7101 et seq.), including the acquisi17 tion or condemnation of any real property or any facility 

18 or for plant or facility acquisition, construction, or expan19 sion, $152,306,000, to remain available until expended: 

20 Provided, That, of such amount, $27,000,000 shall be 

21 available until September 30, 2017, for program direction. 

22 NUCLEAR ENERGY

23 For Department of Energy expenses including the 

24 purchase, construction, and acquisition of plant and cap25 ital equipment, and other expenses necessary for nuclear 


emcdonald on DSK67QTVN1PROD with BILLS
173 

•S 2130 PCS

1 energy activities in carrying out the purposes of the De2 partment of Energy Organization Act (42 U.S.C. 7101 et 

3 seq.), including the acquisition or condemnation of any 

4 real property or any facility or for plant or facility acquisi5 tion, construction, or expansion, $950,161,000, to remain 

6 available until expended: Provided, That, of such amount, 

7 $80,000,000 shall be available until September 30, 2017, 

8 for program direction including official reception and rep9 resentation expenses not to exceed $10,000: Provided, 

10 That, of such amount, $24,000,000 shall be derived from 

11 the Nuclear Waste Fund. 

12 FOSSIL ENERGY RESEARCH AND DEVELOPMENT

13 For Department of Energy expenses necessary in car14 rying out fossil energy research and development activi15 ties, under the authority of the Department of Energy Or16 ganization Act (42 U.S.C. 7101 et seq.), including the ac17 quisition of interest, including defeasible and equitable in18 terests in any real property or any facility or for plant 

19 or facility acquisition or expansion, and for conducting in20 quiries, technological investigations and research con21 cerning the extraction, processing, use, and disposal of 

22 mineral substances without objectionable social and envi23 ronmental costs (30 U.S.C. 3, 1602, and 1603), 

24 $610,000,000, to remain available until expended: ProVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00173 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
174 

•S 2130 PCS

1 vided, That, of such amount, $115,000,000 shall be avail2 able until September 30, 2017, for program direction. 

3 NAVAL PETROLEUM AND OIL SHALE RESERVES

4 For Department of Energy expenses necessary to 

5 carry out naval petroleum and oil shale reserve activities, 

6 $17,500,000, to remain available until expended: Pro7 vided, That, notwithstanding any other provision of law, 

8 unobligated funds remaining from prior years shall be 

9 available for all naval petroleum and oil shale reserve ac10 tivities. 

11 STRATEGIC PETROLEUM RESERVE

12 For Department of Energy expenses necessary for 

13 Strategic Petroleum Reserve facility development and op14 erations and program management activities pursuant to 

15 the Energy Policy and Conservation Act (42 U.S.C. 6201 

16 et seq.), $200,000,000, to remain available until expended. 

17 NORTHEAST HOME HEATING OIL RESERVE

18 For Department of Energy expenses necessary for 

19 Northeast Home Heating Oil Reserve storage, operation, 

20 and management activities pursuant to the Energy Policy 

21 and Conservation Act (42 U.S.C. 6201 et seq.), 

22 $7,600,000, to remain available until expended. 

23 ENERGY INFORMATION ADMINISTRATION

24 For Department of Energy expenses necessary in car25 rying out the activities of the Energy Information AdminVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00174 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
175 

•S 2130 PCS

1 istration, $122,000,000, to remain available until ex2 pended. 

3 NON-DEFENSE ENVIRONMENTAL CLEANUP

4 For Department of Energy expenses, including the 

5 purchase, construction, and acquisition of plant and cap6 ital equipment and other expenses necessary for non-de7 fense environmental cleanup activities in carrying out the 

8 purposes of the Department of Energy Organization Act 

9 (42 U.S.C. 7101 et seq.), including the acquisition or con10 demnation of any real property or any facility or for plant 

11 or facility acquisition, construction, or expansion, 

12 $244,000,000, to remain available until expended. 

13 URANIUM ENRICHMENT DECONTAMINATION AND

14 DECOMMISSIONING FUND

15 For Department of Energy expenses necessary in car16 rying out uranium enrichment facility decontamination 

17 and decommissioning, remedial actions, and other activi18 ties of title II of the Atomic Energy Act of 1954, and 

19 title X, subtitle A, of the Energy Policy Act of 1992, 

20 $614,000,000, to be derived from the Uranium Enrich21 ment Decontamination and Decommissioning Fund, to re22 main available until expended, of which $32,959,000 shall 

23 be available in accordance with title X, subtitle A, of the 

24 Energy Policy Act of 1992. 


emcdonald on DSK67QTVN1PROD with BILLS
176 

•S 2130 PCS

1 SCIENCE

2 For Department of Energy expenses including the 

3 purchase, construction, and acquisition of plant and cap4 ital equipment, and other expenses necessary for science 

5 activities in carrying out the purposes of the Department 

6 of Energy Organization Act (42 U.S.C. 7101 et seq.), in7 cluding the acquisition or condemnation of any real prop8 erty or facility or for plant or facility acquisition, construc9 tion, or expansion, and purchase of not more than 17 pas10 senger motor vehicles for replacement only, including one 

11 ambulance and one bus, $5,143,877,000, to remain avail12 able until expended: Provided, That, of such amount, 

13 $185,000,000 shall be available until September 30, 2017, 

14 for program direction. 

15 ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

16 For Department of Energy expenses necessary in car17 rying out the activities authorized by section 5012 of the 

18 America COMPETES Act (Public Law 110–69), 

19 $291,000,000, to remain available until expended: Pro20 vided, That, of such amount, $28,000,000 shall be avail21 able until September 30, 2017, for program direction. 

22 TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE

23 PROGRAM

24 Such sums as are derived from amounts received 

25 from borrowers pursuant to section 1702(b) of the Energy 


emcdonald on DSK67QTVN1PROD with BILLS
177 

•S 2130 PCS

1 Policy Act of 2005 under this heading in prior Acts, shall 

2 be collected in accordance with section 502(7) of the Con3 gressional Budget Act of 1974: Provided, That, for nec4 essary administrative expenses to carry out this Loan 

5 Guarantee program, $42,000,000 is appropriated, to re6 main available until September 30, 2017: Provided further, 

7 That $25,000,000 of the fees collected pursuant to section 

8 1702(h) of the Energy Policy Act of 2005 shall be credited 

9 as offsetting collections to this account to cover adminis10 trative expenses and shall remain available until expended, 

11 so as to result in a final fiscal year 2016 appropriation 

12 from the general fund estimated at not more than 

13 $17,000,000: Provided further, That fees collected under 

14 section 1702(h) in excess of the amount appropriated for 

15 administrative expenses shall not be available until appro16 priated: Provided further, That the Department of Energy 

17 shall not subordinate any loan obligation to other financ18 ing in violation of section 1702 of the Energy Policy Act 

19 of 2005 or subordinate any Guaranteed Obligation to any 

20 loan or other debt obligations in violation of section 

21 609.10 of title 10, Code of Federal Regulations. 

22 ADVANCED TECHNOLOGY VEHICLES MANUFACTURING

23 LOAN PROGRAM

24 For Department of Energy administrative expenses 

25 necessary in carrying out the Advanced Technology VehiVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00177 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
178 

•S 2130 PCS

1 cles Manufacturing Loan Program, $6,000,000, to remain 

2 available until September 30, 2017. 

3 DEPARTMENTAL ADMINISTRATION

4 For salaries and expenses of the Department of En5 ergy necessary for departmental administration in car6 rying out the purposes of the Department of Energy Orga7 nization Act (42 U.S.C. 7101 et seq.), $248,142,000, to 

8 remain available until September 30, 2017, including the 

9 hire of passenger motor vehicles and official reception and 

10 representation expenses not to exceed $30,000, plus such 

11 additional amounts as necessary to cover increases in the 

12 estimated amount of cost of work for others notwith13 standing the provisions of the Anti-Deficiency Act (31 

14 U.S.C. 1511 et seq.): Provided, That such increases in 

15 cost of work are offset by revenue increases of the same 

16 or greater amount: Provided further, That moneys received 

17 by the Department for miscellaneous revenues estimated 

18 to total $117,171,000 in fiscal year 2016 may be retained 

19 and used for operating expenses within this account, as 

20 authorized by section 201 of Public Law 95–238, notwith21 standing the provisions of 31 U.S.C. 3302: Provided fur22 ther, That the sum herein appropriated shall be reduced 

23 as collections are received during the fiscal year so as to 

24 result in a final fiscal year 2016 appropriation from the 

25 general fund estimated at not more than $130,971,000: 


emcdonald on DSK67QTVN1PROD with BILLS
179 

•S 2130 PCS

1 Provided further, That, of the total amount made available 

2 under this heading, $31,297,000 is for Energy Policy and 

3 Systems Analysis. 

4 OFFICE OF THE INSPECTOR GENERAL

5 For expenses necessary for the Office of the Inspector 

6 General in carrying out the provisions of the Inspector 

7 General Act of 1978, $46,424,000, to remain available 

8 until September 30, 2017. 

9 ATOMIC ENERGY DEFENSE ACTIVITIES 

10 NATIONAL NUCLEAR SECURITY 

11 ADMINISTRATION 

12 WEAPONS ACTIVITIES

13 For Department of Energy expenses, including the 

14 purchase, construction, and acquisition of plant and cap15 ital equipment and other incidental expenses necessary for 

16 atomic energy defense weapons activities in carrying out 

17 the purposes of the Department of Energy Organization 

18 Act (42 U.S.C. 7101 et seq.), including the acquisition or 

19 condemnation of any real property or any facility or for 

20 plant or facility acquisition, construction, or expansion, 

21 $8,882,364,000, to remain available until expended: Pro22 vided, That of such amount, $97,118,000 shall be avail23 able until September 30, 2017, for program direction. 


emcdonald on DSK67QTVN1PROD with BILLS
180 

•S 2130 PCS

1 DEFENSE NUCLEAR NONPROLIFERATION

2 For Department of Energy expenses, including the 

3 purchase, construction, and acquisition of plant and cap4 ital equipment and other incidental expenses necessary for 

5 defense nuclear nonproliferation activities, in carrying out 

6 the purposes of the Department of Energy Organization 

7 Act (42 U.S.C. 7101 et seq.), including the acquisition or 

8 condemnation of any real property or any facility or for 

9 plant or facility acquisition, construction, or expansion, 

10 $1,705,912,000, to remain available until expended. 

11 NAVAL REACTORS

12 For Department of Energy expenses necessary for 

13 naval reactors activities to carry out the Department of 

14 Energy Organization Act (42 U.S.C. 7101 et seq.), includ15 ing the acquisition (by purchase, condemnation, construc16 tion, or otherwise) of real property, plant, and capital 

17 equipment, facilities, and facility expansion, 

18 $1,300,000,000, to remain available until expended: Pro19 vided, That of such amount, $42,504,000 shall be avail20 able until September 30, 2017, for program direction. 

21 FEDERAL SALARIES AND EXPENSES

22 For expenses necessary for Federal Salaries and Ex23 penses in the National Nuclear Security Administration, 

24 $375,000,000, to remain available until September 30, 


emcdonald on DSK67QTVN1PROD with BILLS
181 

•S 2130 PCS

1 2017, including official reception and representation ex2 penses not to exceed $12,000. 

3 ENVIRONMENTAL AND OTHER DEFENSE 

4 ACTIVITIES 

5 DEFENSE ENVIRONMENTAL CLEANUP

6 For Department of Energy expenses, including the 

7 purchase, construction, and acquisition of plant and cap8 ital equipment and other expenses necessary for atomic 

9 energy defense environmental cleanup activities in car10 rying out the purposes of the Department of Energy Orga11 nization Act (42 U.S.C. 7101 et seq.), including the acqui12 sition or condemnation of any real property or any facility 

13 or for plant or facility acquisition, construction, or expan14 sion, and the purchase of not to exceed one fire apparatus 

15 pumper truck and one armored vehicle for replacement 

16 only, $5,180,000,000, to remain available until expended: 

17 Provided, That, of such amount, $281,951,000 shall be 

18 available until September 30, 2017, for program direction: 

19 Provided further, That the Office of Environmental Man20 agement shall not accept ownership or responsibility for 

21 cleanup of any National Nuclear Security Administration 

22 facilities or sites without funding specifically designated 

23 for that purpose in an Appropriations Act at the time of 

24 transfer. 


emcdonald on DSK67QTVN1PROD with BILLS
182 

•S 2130 PCS

1 DEFENSE URANIUM ENRICHMENT DECONTAMINATION

2 AND DECOMMISSIONING

3 (INCLUDING TRANSFER OF FUNDS)

4 For an additional amount for atomic energy defense 

5 environmental cleanup activities for Department of En6 ergy contributions for uranium enrichment decontamina7 tion and decommissioning activities, $614,000,000, to be 

8 deposited into the Defense Environmental Cleanup ac9 count which shall be transferred to the ‘‘Uranium Enrich10 ment Decontamination and Decommissioning Fund’’. 

11 OTHER DEFENSE ACTIVITIES

12 For Department of Energy expenses, including the 

13 purchase, construction, and acquisition of plant and cap14 ital equipment and other expenses, necessary for atomic 

15 energy defense, other defense activities, and classified ac16 tivities, in carrying out the purposes of the Department 

17 of Energy Organization Act (42 U.S.C. 7101 et seq.), in18 cluding the acquisition or condemnation of any real prop19 erty or any facility or for plant or facility acquisition, con20 struction, or expansion, $764,000,000, to remain available 

21 until expended: Provided, That, of such amount, 

22 $249,137,000 shall be available until September 30, 2017, 

23 for program direction. 


emcdonald on DSK67QTVN1PROD with BILLS
183 

•S 2130 PCS

1 POWER MARKETING ADMINISTRATIONS 

2 BONNEVILLE POWER ADMINISTRATION FUND

3 Expenditures from the Bonneville Power Administra4 tion Fund, established pursuant to Public Law 93–454, 

5 are approved for the Shoshone Paiute Trout Hatchery, the 

6 Spokane Tribal Hatchery, the Snake River Sockeye Weirs 

7 and, in addition, for official reception and representation 

8 expenses in an amount not to exceed $5,000: Provided, 

9 That, during fiscal year 2016, no new direct loan obliga10 tions may be made. 

11 OPERATIONS AND MAINTENANCE, SOUTHEASTERN

12 POWER ADMINISTRATION

13 For expenses necessary for operations and mainte14 nance of power transmission facilities and for marketing 

15 electric power and energy, including transmission wheeling 

16 and ancillary services, pursuant to section 5 of the Flood 

17 Control Act of 1944 (16 U.S.C. 825s), as applied to the 

18 southeastern power area, $6,900,000, including official re19 ception and representation expenses in an amount not to 

20 exceed $1,500, to remain available until expended: Pro21 vided, That, notwithstanding 31 U.S.C. 3302 and section 

22 5 of the Flood Control Act of 1944, up to $6,900,000 col23 lected by the Southeastern Power Administration from the 

24 sale of power and related services shall be credited to this 

25 account as discretionary offsetting collections, to remain 


emcdonald on DSK67QTVN1PROD with BILLS
184 

•S 2130 PCS

1 available until expended for the sole purpose of funding 

2 the annual expenses of the Southeastern Power Adminis3 tration: Provided further, That the sum herein appro4 priated for annual expenses shall be reduced as collections 

5 are received during the fiscal year so as to result in a final 

6 fiscal year 2016 appropriation estimated at not more than 

7 $0: Provided further, That, notwithstanding 31 U.S.C. 

8 3302, up to $66,500,000 collected by the Southeastern 

9 Power Administration pursuant to the Flood Control Act 

10 of 1944 to recover purchase power and wheeling expenses 

11 shall be credited to this account as offsetting collections, 

12 to remain available until expended for the sole purpose 

13 of making purchase power and wheeling expenditures: 

14 Provided further, That, for purposes of this appropriation, 

15 annual expenses means expenditures that are generally re16 covered in the same year that they are incurred (excluding 

17 purchase power and wheeling expenses). 

18 OPERATIONS AND MAINTENANCE, SOUTHWESTERN

19 POWER ADMINISTRATION

20 For expenses necessary for operations and mainte21 nance of power transmission facilities and for marketing 

22 electric power and energy, for construction and acquisition 

23 of transmission lines, substations and appurtenant facili24 ties, and for administrative expenses, including official re25 ception and representation expenses in an amount not to 


emcdonald on DSK67QTVN1PROD with BILLS
185 

•S 2130 PCS

1 exceed $1,500 in carrying out section 5 of the Flood Con2 trol Act of 1944 (16 U.S.C. 825s), as applied to the 

3 Southwestern Power Administration, $47,361,000, to re4 main available until expended: Provided, That, notwith5 standing 31 U.S.C. 3302 and section 5 of the Flood Con6 trol Act of 1944 (16 U.S.C. 825s), up to $35,961,000 col7 lected by the Southwestern Power Administration from 

8 the sale of power and related services shall be credited to 

9 this account as discretionary offsetting collections, to re10 main available until expended, for the sole purpose of 

11 funding the annual expenses of the Southwestern Power 

12 Administration: Provided further, That the sum herein ap13 propriated for annual expenses shall be reduced as collec14 tions are received during the fiscal year so as to result 

15 in a final fiscal year 2016 appropriation estimated at not 

16 more than $11,400,000: Provided further, That, notwith17 standing 31 U.S.C. 3302, up to $63,000,000 collected by 

18 the Southwestern Power Administration pursuant to the 

19 Flood Control Act of 1944 to recover purchase power and 

20 wheeling expenses shall be credited to this account as off21 setting collections, to remain available until expended for 

22 the sole purpose of making purchase power and wheeling 

23 expenditures: Provided further, That, for purposes of this 

24 appropriation, annual expenses means expenditures that 


emcdonald on DSK67QTVN1PROD with BILLS
186 

•S 2130 PCS

1 are generally recovered in the same year that they are in2 curred (excluding purchase power and wheeling expenses). 

3 CONSTRUCTION, REHABILITATION, OPERATIONS AND

4 MAINTENANCE, WESTERN AREA POWER ADMINIS5 TRATION

6 For carrying out the functions authorized by title III, 

7 section 302(a)(1)(E) of the Act of August 4, 1977 (42 

8 U.S.C. 7152), and other related activities including con9 servation and renewable resources programs as author10 ized, $307,714,000, including official reception and rep11 resentation expenses in an amount not to exceed $1,500, 

12 to remain available until expended, of which $302,000,000 

13 shall be derived from the Department of the Interior Rec14 lamation Fund: Provided, That, notwithstanding 31 

15 U.S.C. 3302, section 5 of the Flood Control Act of 1944 

16 (16 U.S.C. 825s), and section 1 of the Interior Depart17 ment Appropriation Act, 1939 (43 U.S.C. 392a), up to 

18 $214,342,000 collected by the Western Area Power Ad19 ministration from the sale of power and related services 

20 shall be credited to this account as discretionary offsetting 

21 collections, to remain available until expended, for the sole 

22 purpose of funding the annual expenses of the Western 

23 Area Power Administration: Provided further, That the 

24 sum herein appropriated for annual expenses shall be re25 duced as collections are received during the fiscal year so 


emcdonald on DSK67QTVN1PROD with BILLS
187 

•S 2130 PCS

1 as to result in a final fiscal year 2016 appropriation esti2 mated at not more than $93,372,000, of which 

3 $87,658,000 is derived from the Reclamation Fund: Pro4 vided further, That, notwithstanding 31 U.S.C. 3302, up 

5 to $352,813,000 collected by the Western Area Power Ad6 ministration pursuant to the Flood Control Act of 1944 

7 and the Reclamation Project Act of 1939 to recover pur8 chase power and wheeling expenses shall be credited to 

9 this account as offsetting collections, to remain available 

10 until expended for the sole purpose of making purchase 

11 power and wheeling expenditures: Provided further, That, 

12 for purposes of this appropriation, annual expenses means 

13 expenditures that are generally recovered in the same year 

14 that they are incurred (excluding purchase power and 

15 wheeling expenses). 

16 FALCON AND AMISTAD OPERATING AND MAINTENANCE

17 FUND

18 For operations, maintenance, and emergency costs 

19 for the hydroelectric facilities at the Falcon and Amistad 

20 Dams, $4,490,000, to remain available until expended, 

21 and to be derived from the Falcon and Amistad Operating 

22 and Maintenance Fund of the Western Area Power Ad23 ministration, as provided in section 2 of the Act of June 

24 18, 1954 (68 Stat. 255): Provided, That, notwithstanding 

25 the provisions of that Act and of 31 U.S.C. 3302, up to 


emcdonald on DSK67QTVN1PROD with BILLS
188 

•S 2130 PCS

1 $4,262,000 collected by the Western Area Power Adminis2 tration from the sale of power and related services from 

3 the Falcon and Amistad Dams shall be credited to this 

4 account as discretionary offsetting collections, to remain 

5 available until expended for the sole purpose of funding 

6 the annual expenses of the hydroelectric facilities of these 

7 Dams and associated Western Area Power Administration 

8 activities: Provided further, That the sum herein appro9 priated for annual expenses shall be reduced as collections 

10 are received during the fiscal year so as to result in a final 

11 fiscal year 2016 appropriation estimated at not more than 

12 $228,000: Provided further, That, for purposes of this ap13 propriation, annual expenses means expenditures that are 

14 generally recovered in the same year that they are in15 curred: Provided further, That, for fiscal year 2016, the 

16 Administrator of the Western Area Power Administration 

17 may accept up to $460,000 in funds contributed by United 

18 States power customers of the Falcon and Amistad Dams 

19 for deposit into the Falcon and Amistad Operating and 

20 Maintenance Fund, and such funds shall be available for 

21 the purpose for which contributed in like manner as if said 

22 sums had been specifically appropriated for such purpose: 

23 Provided further, That any such funds shall be available 

24 without further appropriation and without fiscal year limi25 tation for use by the Commissioner of the United States 


emcdonald on DSK67QTVN1PROD with BILLS
189 

•S 2130 PCS

1 Section of the International Boundary and Water Com2 mission for the sole purpose of operating, maintaining, re3 pairing, rehabilitating, replacing, or upgrading the hydro4 electric facilities at these Dams in accordance with agree5 ments reached between the Administrator, Commissioner, 

6 and the power customers. 

7 FEDERAL ENERGY REGULATORY COMMISSION

8 SALARIES AND EXPENSES

9 For expenses necessary for the Federal Energy Regu10 latory Commission to carry out the provisions of the De11 partment of Energy Organization Act (42 U.S.C. 7101 et 

12 seq.), including services as authorized by 5 U.S.C. 3109, 

13 official reception and representation expenses not to ex14 ceed $3,000, and the hire of passenger motor vehicles, 

15 $319,800,000, to remain available until expended: Pro16 vided, That, notwithstanding any other provision of law, 

17 not to exceed $319,800,000 of revenues from fees and an18 nual charges, and other services and collections in fiscal 

19 year 2016 shall be retained and used for expenses nec20 essary in this account, and shall remain available until ex21 pended: Provided further, That the sum herein appro22 priated from the general fund shall be reduced as revenues 

23 are received during fiscal year 2016 so as to result in a 

24 final fiscal year 2016 appropriation from the general fund 

25 estimated at not more than $0. 


emcdonald on DSK67QTVN1PROD with BILLS
190 

•S 2130 PCS

1 GENERAL PROVISIONS—DEPARTMENT OF 

2 ENERGY 

3 (INCLUDING TRANSFER AND RESCISSIONS OF FUNDS)

4 SEC. 301. (a) No appropriation, funds, or authority 

5 made available by this title for the Department of Energy 

6 shall be used to initiate or resume any program, project, 

7 or activity or to prepare or initiate Requests For Proposals 

8 or similar arrangements (including Requests for 

9 Quotations, Requests for Information, and Funding Op10 portunity Announcements) for a program, project, or ac11 tivity if the program, project, or activity has not been 

12 funded by Congress. 

13 (b)(1) Unless the Secretary of Energy notifies the 

14 Committees on Appropriations of both Houses of Congress 

15 at least 3 full business days in advance, none of the funds 

16 made available in this title may be used to— 

17 (A) make a grant allocation or discretionary 

18 grant award totaling $1,000,000 or more; 

19 (B) make a discretionary contract award or 

20 Other Transaction Agreement totaling $1,000,000 

21 or more, including a contract covered by the Federal 

22 Acquisition Regulation; 

23 (C) issue a letter of intent to make an alloca24 tion, award, or Agreement in excess of the limits in 

25 subparagraph (A) or (B); or 


emcdonald on DSK67QTVN1PROD with BILLS
191 

•S 2130 PCS

1 (D) announce publicly the intention to make an 

2 allocation, award, or Agreement in excess of the lim3 its in subparagraph (A) or (B). 

4 (2) The Secretary of Energy shall submit to the Com5 mittees on Appropriations of both Houses of Congress 

6 within 15 days of the conclusion of each quarter a report 

7 detailing each grant allocation or discretionary grant 

8 award totaling less than $1,000,000 provided during the 

9 previous quarter. 

10 (3) The notification required by paragraph (1) and 

11 the report required by paragraph (2) shall include the re12 cipient of the award, the amount of the award, the fiscal 

13 year for which the funds for the award were appropriated, 

14 the account and program, project, or activity from which 

15 the funds are being drawn, the title of the award, and 

16 a brief description of the activity for which the award is 

17 made. 

18 (c) The Department of Energy may not, with respect 

19 to any program, project, or activity that uses budget au20 thority made available in this title under the heading ‘‘De21 partment of Energy—Energy Programs’’, enter into a 

22 multiyear contract, award a multiyear grant, or enter into 

23 a multiyear cooperative agreement unless— 


emcdonald on DSK67QTVN1PROD with BILLS
192 

•S 2130 PCS

1 (1) the contract, grant, or cooperative agree2 ment is funded for the full period of performance as 

3 anticipated at the time of award; or 

4 (2) the contract, grant, or cooperative agree5 ment includes a clause conditioning the Federal Gov6 ernment’s obligation on the availability of future 

7 year budget authority and the Secretary notifies the 

8 Committees on Appropriations of both Houses of 

9 Congress at least 3 days in advance. 

10 (d) Except as provided in subsections (e), (f), and (g), 

11 the amounts made available by this title shall be expended 

12 as authorized by law for the programs, projects, and ac13 tivities specified in the ‘‘Bill’’ column in the ‘‘Department 

14 of Energy’’ table included under the heading ‘‘Title III— 

15 Department of Energy’’ in the report of the Committee 

16 on Appropriations accompanying this Act. 

17 (e) The amounts made available by this title may be 

18 reprogrammed for any program, project, or activity, and 

19 the Department shall notify the Committees on Appropria20 tions of both Houses of Congress at least 30 days prior 

21 to the use of any proposed reprogramming that would 

22 cause any program, project, or activity funding level to 

23 increase or decrease by more than $5,000,000 or 10 per24 cent, whichever is less, during the time period covered by 

25 this Act. 


emcdonald on DSK67QTVN1PROD with BILLS
193 

•S 2130 PCS

1 (f) None of the funds provided in this title shall be 

2 available for obligation or expenditure through a re3 programming of funds that— 

4 (1) creates, initiates, or eliminates a program, 

5 project, or activity; 

6 (2) increases funds or personnel for any pro7 gram, project, or activity for which funds are denied 

8 or restricted by this Act; or 

9 (3) reduces funds that are directed to be used 

10 for a specific program, project, or activity by this 

11 Act. 

12 (g)(1) The Secretary of Energy may waive any re13 quirement or restriction in this section that applies to the 

14 use of funds made available for the Department of Energy 

15 if compliance with such requirement or restriction would 

16 pose a substantial risk to human health, the environment, 

17 welfare, or national security. 

18 (2) The Secretary of Energy shall notify the Commit19 tees on Appropriations of both Houses of Congress of any 

20 waiver under paragraph (1) as soon as practicable, but 

21 not later than 3 days after the date of the activity to which 

22 a requirement or restriction would otherwise have applied. 

23 Such notice shall include an explanation of the substantial 

24 risk under paragraph (1) that permitted such waiver. 


emcdonald on DSK67QTVN1PROD with BILLS
194 

•S 2130 PCS

1 SEC. 302. The unexpended balances of prior appro2 priations provided for activities in this Act may be avail3 able to the same appropriation accounts for such activities 

4 established pursuant to this title. Available balances may 

5 be merged with funds in the applicable established ac6 counts and thereafter may be accounted for as one fund 

7 for the same time period as originally enacted. 

8 SEC. 303. Funds appropriated by this or any other 

9 Act, or made available by the transfer of funds in this 

10 Act, for intelligence activities are deemed to be specifically 

11 authorized by the Congress for purposes of section 504 

12 of the National Security Act of 1947 (50 U.S.C. 414) dur13 ing fiscal year 2016 until the enactment of the Intelligence 

14 Authorization Act for fiscal year 2016. 

15 SEC. 304. None of the funds made available in this 

16 title shall be used for the construction of facilities classi17 fied as high-hazard nuclear facilities under 10 CFR Part 

18 830 unless independent oversight is conducted by the Of19 fice of Independent Enterprise Assessments to ensure the 

20 project is in compliance with nuclear safety requirements. 

21 SEC. 305. None of the funds made available in this 

22 title may be used to approve critical decision-2 or critical 

23 decision-3 under Department of Energy Order 413.3B, or 

24 any successive departmental guidance, for construction 

25 projects where the total project cost exceeds 


emcdonald on DSK67QTVN1PROD with BILLS
195 

•S 2130 PCS

1 $100,000,000, until a separate independent cost estimate 

2 has been developed for the project for that critical deci3 sion. 

4 SEC. 306. (a) DEFINITIONS.—In this section: 

5 (1) AFFECTED INDIAN TRIBE.—The term ‘‘af6 fected Indian tribe’’ has the meaning given the term 

7 in section 2 of the Nuclear Waste Policy Act of 1982 

8 (42 U.S.C. 10101). 

9 (2) HIGH-LEVEL RADIOACTIVE WASTE.—The 

10 term ‘‘high-level radioactive waste’’ has the meaning 

11 given the term in section 2 of the Nuclear Waste 

12 Policy Act of 1982 (42 U.S.C. 10101). 

13 (3) NUCLEAR WASTE FUND.—The term ‘‘Nu14 clear Waste Fund’’ means the Nuclear Waste Fund 

15 established under section 302(c) of the Nuclear 

16 Waste Policy Act of 1982 (42 U.S.C. 10222(c)). 

17 (4) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of Energy. 

19 (5) SPENT NUCLEAR FUEL.—The term ‘‘spent 

20 nuclear fuel’’ has the meaning given the term in sec21 tion 2 of the Nuclear Waste Policy Act of 1982 (42 

22 U.S.C. 10101). 

23 (b) PILOT PROGRAM.—Notwithstanding any provi24 sion of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 

25 10101 et seq.), the Secretary is authorized, in the current 


emcdonald on DSK67QTVN1PROD with BILLS
196 

•S 2130 PCS

1 fiscal year and subsequent fiscal years, to conduct a pilot 

2 program, through 1 or more private sector partners, to 

3 license, construct, and operate 1 or more government or 

4 privately owned consolidated storage facilities to provide 

5 interim storage as needed for spent nuclear fuel and high6 level radioactive waste, with priority for storage given to 

7 spent nuclear fuel located on sites without an operating 

8 nuclear reactor. 

9 (c) REQUESTS FOR PROPOSALS.—Not later than 120 

10 days after the date of enactment of this Act, the Secretary 

11 shall issue a request for proposals for cooperative agree12 ments— 

13 (1) to obtain any license necessary from the 

14 Nuclear Regulatory Commission for the construction 

15 of 1 or more consolidated storage facilities; 

16 (2) to demonstrate the safe transportation of 

17 spent nuclear fuel and high-level radioactive waste, 

18 as applicable; and 

19 (3) to demonstrate the safe storage of spent nu20 clear fuel and high-level radioactive waste, as appli21 cable, at the 1 or more consolidated storage facilities 

22 pending the construction and operation of deep geo23 logic disposal capacity for the permanent disposal of 

24 the spent nuclear fuel. 


emcdonald on DSK67QTVN1PROD with BILLS
197 

•S 2130 PCS

1 (d) CONSENT-BASED APPROVAL.—Prior to siting a 

2 consolidated storage facility pursuant to this section, the 

3 Secretary shall enter into an agreement to host the facility 

4 with— 

5 (1) the Governor of the State; 

6 (2) each unit of local government within the ju7 risdiction of which the facility is proposed to be lo8 cated; and 

9 (3) each affected Indian tribe. 

10 (e) APPLICABILITY.—In executing this section, the 

11 Secretary shall comply with— 

12 (1) all licensing requirements and regulations of 

13 the Nuclear Regulatory Commission; and 

14 (2) all other applicable laws (including regula15 tions). 

16 (f) PILOT PROGRAM PLAN.—Not later than 120 days 

17 after the date on which the Secretary issues the request 

18 for proposals under subsection (c), the Secretary shall sub19 mit to Congress a plan to carry out this section that in20 cludes— 

21 (1) an estimate of the cost of licensing, con22 structing, and operating a consolidated storage facil23 ity, including the transportation costs, on an annual 

24 basis, over the expected lifetime of the facility; 

25 (2) a schedule for— 


emcdonald on DSK67QTVN1PROD with BILLS
198 

•S 2130 PCS

1 (A) obtaining any license necessary to con2 struct and operate a consolidated storage facil3 ity from the Nuclear Regulatory Commission; 

4 (B) constructing the facility; 

5 (C) transporting spent fuel to the facility; 

6 and 

7 (D) removing the spent fuel and decom8 missioning the facility; and 

9 (3) an estimate of the cost of any financial as10 sistance, compensation, or incentives proposed to be 

11 paid to the host State, Indian tribe, or local govern12 ment; 

13 (4) an estimate of any future reductions in the 

14 damages expected to be paid by the United States 

15 for the delay of the Department of Energy in accept16 ing spent fuel expected to result from the pilot pro17 gram; 

18 (5) recommendations for any additional legisla19 tion needed to authorize and implement the pilot 

20 program; and 

21 (6) recommendations for a mechanism to en22 sure that any spent nuclear fuel or high-level radio23 active waste stored at a consolidated storage facility 

24 pursuant to this section shall move to deep geologic 

25 disposal capacity, following a consent-based approval 


emcdonald on DSK67QTVN1PROD with BILLS
199 

•S 2130 PCS

1 process for that deep geologic disposal capacity con2 sistent with subsection (d), within a reasonable time 

3 after the issuance of a license to construct and oper4 ate the consolidated storage facility. 

5 (g) PUBLIC PARTICIPATION.—Prior to choosing a 

6 site for the construction of a consolidated storage facility 

7 under this section, the Secretary shall conduct 1 or more 

8 public hearings in the vicinity of each potential site and 

9 in at least 1 other location within the State in which the 

10 site is located to solicit public comments and recommenda11 tions. 

12 (h) USE OF NUCLEAR WASTE FUND.—The Secretary 

13 may make expenditures from the Nuclear Waste Fund to 

14 carry out this section, subject to appropriations. 

15 SEC. 307. (a) NOTIFICATION OF STRATEGIC PETRO16 LEUM RESERVE DRAWDOWN.—None of the funds made 

17 available by this Act or any prior or subsequent Act, or 

18 funds made available in the SPR Petroleum Account, may 

19 be used in this fiscal year or each subsequent fiscal year, 

20 to conduct a drawdown (including a test drawdown) and 

21 sale or exchange of petroleum products from the Strategic 

22 Petroleum Reserve unless the Secretary of Energy pro23 vides notice, in accordance with subsection (b), of such 

24 exchange, or drawdown (including a test drawdown) to the 


emcdonald on DSK67QTVN1PROD with BILLS
200 

•S 2130 PCS

1 Committees on Appropriations of both Houses of Con2 gress. 

3 (b)(1) CONTENT OF NOTIFICATION.—The notifica4 tion required under subsection (a) shall include at a min5 imum— 

6 (A) the justification for the drawdown or ex7 change, including— 

8 (i) a specific description of any obligation 

9 under international energy agreements; and 

10 (ii) in the case of a test drawdown, the 

11 specific aspects of the Strategic Petroleum Re12 serve to be tested; 

13 (B) the provisions of law (including regulations) 

14 authorizing the drawdown or exchange; 

15 (C) the number of barrels of petroleum prod16 ucts proposed to be withdrawn or exchanged; 

17 (D) the location of the Strategic Petroleum Re18 serve site or sites from which the petroleum products 

19 are proposed to be withdrawn; 

20 (E) a good faith estimate of the expected pro21 ceeds from the sale of the petroleum products; 

22 (F) an estimate of the total inventories of pe23 troleum products in the Strategic Petroleum Reserve 

24 after the anticipated drawdown; 


emcdonald on DSK67QTVN1PROD with BILLS
201 

•S 2130 PCS

1 (G) a detailed plan for disposition of the pro2 ceeds after deposit into the SPR Petroleum Account; 

3 and 

4 (H) a plan for refilling the Strategic Petroleum 

5 Reserve, including whether the acquisition will be of 

6 the same or a different petroleum product. 

7 (2) TIMING OF NOTIFICATION.—The Secretary 

8 shall provide the notification required under sub9 section (a)— 

10 (A) in the case of an exchange or a draw11 down, as soon as practicable after the exchange 

12 or drawdown has occurred; and 

13 (B) in the case of a test drawdown, not 

14 later than 30 days prior to the test drawdown. 

15 (c) POST-SALE NOTIFICATION.—In addition to re16 porting requirements under other provisions of law, the 

17 Secretary shall, upon the execution of all contract awards 

18 in this fiscal year and each subsequent fiscal year associ19 ated with a competitive sale of petroleum products, notify 

20 the Committees on Appropriations of both Houses of Con21 gress of the actual value of the proceeds from the sale. 

22 (d)(1) NEW REGIONAL RESERVES.—The Secretary 

23 may not establish any new regional petroleum product re24 serve unless funding for the proposed regional petroleum 

25 product reserve is explicitly requested in advance in an anVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00201 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
202 

•S 2130 PCS

1 nual budget submission and approved by the Congress in 

2 an appropriations Act. 

3 (2) The budget request or notification shall in4 clude— 

5 (A) the justification for the new reserve; 

6 (B) a cost estimate for the establishment, 

7 operation, and maintenance of the reserve, in8 cluding funding sources; 

9 (C) a detailed plan for operation of the re10 serve, including the conditions upon which the 

11 products may be released; 

12 (D) the location of the reserve; and 

13 (E) the estimate of the total inventory of 

14 the reserve. 

15 SEC. 308. (a) Unobligated balances available from 

16 appropriations for fiscal years 2005 through 2010 are 

17 hereby permanently rescinded from the following accounts 

18 of the Department of Energy in the specified amounts: 

19 (1) ‘‘Energy Programs—Energy Efficiency and 

20 Renewable Energy’’, $16,677,000. 

21 (2) ‘‘Energy Programs—Electricity Delivery 

22 and Energy Reliability’’, $900,000. 

23 (3) ‘‘Energy Programs—Nuclear Energy’’, 

24 $1,665,000. 


emcdonald on DSK67QTVN1PROD with BILLS
203 

•S 2130 PCS

1 (4) ‘‘Energy Programs—Fossil Energy Re2 search and Development’’, $12,064,000. 

3 (5) ‘‘Energy Programs—Science’’, $4,717,000. 

4 (6) ‘‘Power Marketing Administrations—Con5 struction, Rehabilitation, Operation and Mainte6 nance, Western Area Power Administration’’, 

7 $4,832,000. 

8 (b) No amounts may be rescinded by this section 

9 from amounts that were designated by Congress as an 

10 emergency requirement pursuant to a concurrent resolu11 tion on the budget or the Balanced Budget and Emer12 gency Deficit Control Act of 1985. 

13 SEC. 309. (a) Unobligated balances available from 

14 appropriations are hereby permanently rescinded from the 

15 following accounts of the Department of Energy in the 

16 specified amounts: 

17 (1) ‘‘Atomic Energy Defense Activities—Na18 tional Nuclear Security Administration—Weapons 

19 Activities’’, $65,135,000. 

20 (2) ‘‘Atomic Energy Defense Activities—Na21 tional Nuclear Security Administration—Defense 

22 Nuclear Nonproliferation’’, $19,324,000. 

23 (3) ‘‘Atomic Energy Defense Activities—Na24 tional Nuclear Security Administration—Naval Re25 actors’’, $628,000. 


emcdonald on DSK67QTVN1PROD with BILLS
204 

•S 2130 PCS

1 (b) No amounts may be rescinded by this section 

2 from amounts that were designated by Congress as an 

3 emergency requirement pursuant to a concurrent resolu4 tion on the budget or the Balanced Budget and Emer5 gency Deficit Control Act of 1985. 

6 SEC. 310. Of the amounts made available by this Act 

7 for ‘‘National Nuclear Security Administration—Weapons 

8 Activities’’, up to $50,000,000 may be reprogrammed 

9 within such account for Domestic Uranium Enrichment, 

10 subject to the notice requirements in section 301. 

11 TECHNICAL CORRECTION

12 SEC. 311. (a) CONTRACTS FOR STORAGE.—Notwith13 standing any other provision of law and subject to the 

14 availability of appropriations, the Secretary is authorized, 

15 in this year and each subsequent fiscal year, to enter into 

16 contracts to store spent nuclear fuel and high-level radio17 active waste, as applicable, to which the Secretary holds 

18 the title or has a contract to accept title, at any facility 

19 licensed by the Nuclear Regulatory Commission for such 

20 storage. 

21 (b) TRANSFER OF TITLE.—Delivery, and acceptance 

22 by the Secretary, of any spent nuclear fuel or high-level 

23 radioactive waste for storage under this section shall con24 stitute a transfer of title to the Secretary of such spent 

25 fuel or waste. 


emcdonald on DSK67QTVN1PROD with BILLS
205 

•S 2130 PCS

1 (c) CONTRACT MODIFICATION.—The Secretary is au2 thorized to enter into new contracts or modify existing 

3 contracts with any person who generates or holds title to 

4 high-level radioactive waste or spent nuclear fuel, of do5 mestic origin for the acceptance of title, subsequent trans6 portation, and storage of such high-level radioactive waste 

7 or spent nuclear fuel at a facility described under sub8 section (a). 

9 SEC. 312. Notwithstanding any other provision of 

10 law, the provisions of 40 U.S.C. 11319 shall not apply 

11 to funds appropriated in this title to Federally Funded 

12 Research and Development Centers sponsored by the De13 partment of Energy. 

14 TITLE IV 

15 INDEPENDENT AGENCIES 

16 APPALACHIAN REGIONAL COMMISSION

17 For expenses necessary to carry out the programs au18 thorized by the Appalachian Regional Development Act of 

19 1965, notwithstanding 40 U.S.C. 14704, and for expenses 

20 necessary for the Federal Co-Chairman and the Alternate 

21 on the Appalachian Regional Commission, for payment of 

22 the Federal share of the administrative expenses of the 

23 Commission, including services as authorized by 5 U.S.C. 

24 3109, and hire of passenger motor vehicles, $105,000,000, 

25 to remain available until expended. 


emcdonald on DSK67QTVN1PROD with BILLS
206 

•S 2130 PCS

1 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

2 SALARIES AND EXPENSES

3 For expenses necessary for the Defense Nuclear Fa4 cilities Safety Board in carrying out activities authorized 

5 by the Atomic Energy Act of 1954, as amended by Public 

6 Law 100–456, section 1441, $29,150,000, to remain 

7 available until September 30, 2017. 

8 DELTA REGIONAL AUTHORITY

9 SALARIES AND EXPENSES

10 For expenses necessary for the Delta Regional Au11 thority and to carry out its activities, as authorized by 

12 the Delta Regional Authority Act of 2000, notwith13 standing sections 382C(b)(2), 382F(d), 382M, and 382N 

14 of said Act, $25,000,000, to remain available until ex15 pended. 

16 DENALI COMMISSION

17 For expenses necessary for the Denali Commission 

18 including the purchase, construction, and acquisition of 

19 plant and capital equipment as necessary and other ex20 penses, $11,000,000, to remain available until expended, 

21 notwithstanding the limitations contained in section 

22 306(g) of the Denali Commission Act of 1998: Provided, 

23 That funds shall be available for construction projects in 

24 an amount not to exceed 80 percent of total project cost 

25 for distressed communities, as defined by section 307 of 


emcdonald on DSK67QTVN1PROD with BILLS
207 

•S 2130 PCS

1 the Denali Commission Act of 1998 (division C, title III, 

2 Public Law 105–277), as amended by section 701 of ap3 pendix D, title VII, Public Law 106–113 (113 Stat. 

4 1501A–280), and an amount not to exceed 50 percent for 

5 non-distressed communities. 

6 NORTHERN BORDER REGIONAL COMMISSION

7 For expenses necessary for the Northern Border Re8 gional Commission in carrying out activities authorized by 

9 subtitle V of title 40, United States Code, $7,500,000, to 

10 remain available until expended: Provided, That such 

11 amounts shall be available for administrative expenses, 

12 notwithstanding section 15751(b) of title 40, United 

13 States Code. 

14 NUCLEAR REGULATORY COMMISSION

15 SALARIES AND EXPENSES

16 For expenses necessary for the Commission in car17 rying out the purposes of the Energy Reorganization Act 

18 of 1974 and the Atomic Energy Act of 1954, 

19 $990,000,000, including official representation expenses 

20 not to exceed $25,000, to remain available until expended: 

21 Provided, That, of the amount appropriated herein, not 

22 more than $7,500,000 may be made available for salaries, 

23 travel, and other support costs for the Office of the Com24 mission, to remain available until September 30, 2017, of 

25 which, notwithstanding section 201(a)(2)(c) of the Energy 


emcdonald on DSK67QTVN1PROD with BILLS
208 

•S 2130 PCS

1 Reorganization Act of 1974 (42 U.S.C. 5841(a)(2)(c)), 

2 the use and expenditure shall only be approved by a major3 ity vote of the Commission: Provided further, That reve4 nues from licensing fees, inspection services, and other 

5 services and collections estimated at $872,864,000 in fis6 cal year 2016 shall be retained and used for necessary 

7 salaries and expenses in this account, notwithstanding 31 

8 U.S.C. 3302, and shall remain available until expended: 

9 Provided further, That the sum herein appropriated shall 

10 be reduced by the amount of revenues received during fis11 cal year 2016 so as to result in a final fiscal year 2016 

12 appropriation estimated at not more than $117,136,000. 

13 OFFICE OF INSPECTOR GENERAL

14 For expenses necessary for the Office of Inspector 

15 General in carrying out the provisions of the Inspector 

16 General Act of 1978, $12,136,000, to remain available 

17 until September 30, 2017: Provided, That revenues from 

18 licensing fees, inspection services, and other services and 

19 collections estimated at $10,060,000 in fiscal year 2016 

20 shall be retained and be available until September 30, 

21 2017, for necessary salaries and expenses in this account, 

22 notwithstanding section 3302 of title 31, United States 

23 Code: Provided further, That the sum herein appropriated 

24 shall be reduced by the amount of revenues received dur25 ing fiscal year 2016 so as to result in a final fiscal year 


emcdonald on DSK67QTVN1PROD with BILLS
209 

•S 2130 PCS

1 2016 appropriation estimated at not more than 

2 $2,076,000: Provided further, That, of the amounts appro3 priated under this heading, $958,000 shall be for Inspec4 tor General services for the Defense Nuclear Facilities 

5 Safety Board, which shall not be available from fee reve6 nues. 

7 NUCLEAR WASTE TECHNICAL REVIEW BOARD

8 SALARIES AND EXPENSES

9 For expenses necessary for the Nuclear Waste Tech10 nical Review Board, as authorized by Public Law 100– 

11 203, section 5051, $3,600,000, to be derived from the Nu12 clear Waste Fund, to remain available until September 30, 

13 2017. 

14 GENERAL PROVISIONS—INDEPENDENT 

15 AGENCIES 

16 SEC. 401. (a) The amounts made available by this 

17 title for the Nuclear Regulatory Commission may be re18 programmed for any program, project, or activity, and the 

19 Commission shall notify the Committees on Appropria20 tions of both Houses of Congress at least 30 days prior 

21 to the use of any proposed reprogramming that would 

22 cause any program funding level to increase or decrease 

23 by more than $500,000 or 10 percent, whichever is less, 

24 during the time period covered by this Act. 


emcdonald on DSK67QTVN1PROD with BILLS
210 

•S 2130 PCS

1 (b)(1) The Nuclear Regulatory Commission may 

2 waive the notification requirement in (a) if compliance 

3 with such requirement would pose a substantial risk to 

4 human health, the environment, welfare, or national secu5 rity. 

6 (2) The Nuclear Regulatory Commission shall notify 

7 the Committees on Appropriations of both Houses of Con8 gress of any waiver under paragraph (1) as soon as prac9 ticable, but not later than 3 days after the date of the 

10 activity to which a requirement or restriction would other11 wise have applied. Such notice shall include an explanation 

12 of the substantial risk under paragraph (1) that permitted 

13 such waiver and shall provide a detailed report to the 

14 Committees of such waiver and changes to funding levels 

15 to programs, projects, or activities. 

16 (c) None of the funds provided for the Nuclear Regu17 latory Commission shall be available for obligation or ex18 penditure through a reprogramming of funds that in19 creases funds or personnel for any program, project, or 

20 activity for which funds are denied or restricted by this 

21 Act. 

22 (d) The Commission shall provide a monthly report 

23 to the Committees on Appropriations of both Houses of 

24 Congress, which includes the following for each program, 


emcdonald on DSK67QTVN1PROD with BILLS
211 

•S 2130 PCS

1 project, or activity, including any prior year appropria2 tions— 

3 (1) total budget authority; 

4 (2) total unobligated balances; and 

5 (3) total unliquidated obligations. 

6 SEC. 402. The Nuclear Regulatory Commission shall 

7 comply with the July 5, 2011, version of Chapter VI of 

8 its Internal Commission Procedures when responding to 

9 Congressional requests for information. 

10 SEC. 403. Public Law 105–277, division A, section 

11 101(g) (title III, section 329(a), (b)) is amended by insert12 ing, in subsection (b), after ‘‘State law’’ and before the 

13 period the following: ‘‘or for the construction and repair 

14 of barge mooring points and barge landing sites to facili15 tate pumping fuel from fuel transport barges into bulk 

16 fuel storage tanks.’’. 

17 TITLE V 

18 GENERAL PROVISIONS 

19 SEC. 501. None of the funds appropriated by this Act 

20 may be used in any way, directly or indirectly, to influence 

21 congressional action on any legislation or appropriation 

22 matters pending before Congress, other than to commu23 nicate to Members of Congress as described in 18 U.S.C. 

24 1913. 


emcdonald on DSK67QTVN1PROD with BILLS
212 

•S 2130 PCS

1 SEC. 502. (a) None of the funds made available in 

2 title III of this Act may be transferred to any department, 

3 agency, or instrumentality of the United States Govern4 ment, except pursuant to a transfer made by or transfer 

5 authority provided in this Act or any other appropriations 

6 Act for any fiscal year, transfer authority referenced in 

7 the report of the Committee on Appropriations accom8 panying this Act, or any authority whereby a department, 

9 agency, or instrumentality of the United States Govern10 ment may provide goods or services to another depart11 ment, agency, or instrumentality. 

12 (b) None of the funds made available for any depart13 ment, agency, or instrumentality of the United States 

14 Government may be transferred to accounts funded in title 

15 III of this Act, except pursuant to a transfer made by or 

16 transfer authority provided in this Act or any other appro17 priations Act for any fiscal year, transfer authority ref18 erenced in the report of the Committee on Appropriations 

19 accompanying this Act, or any authority whereby a de20 partment, agency, or instrumentality of the United States 

21 Government may provide goods or services to another de22 partment, agency, or instrumentality. 

23 (c) The head of any relevant department or agency 

24 funded in this Act utilizing any transfer authority shall 

25 submit to the Committees on Appropriations of both 


emcdonald on DSK67QTVN1PROD with BILLS
213 

•S 2130 PCS

1 Houses of Congress a semiannual report detailing the 

2 transfer authorities, except for any authority whereby a 

3 department, agency, or instrumentality of the United 

4 States Government may provide goods or services to an5 other department, agency, or instrumentality, used in the 

6 previous 6 months and in the year-to-date. This report 

7 shall include the amounts transferred and the purposes 

8 for which they were transferred, and shall not replace or 

9 modify existing notification requirements for each author10 ity. 

11 SEC. 503. None of the funds made available by this 

12 Act may be used to implement, administer, carry out, 

13 modify, revise, or enforce Executive Order 13690 (entitled 

14 ‘‘Establishing a Federal Flood Risk Management Stand15 ard and a Process for Further Soliciting and Considering 

16 Stakeholder Input’’). 

17 This division may be cited as the ‘‘Energy and Water 

18 Development and Related Agencies Appropriations Act, 

19 2016’’. 


emcdonald on DSK67QTVN1PROD with BILLS
214 

•S 2130 PCS

1 DIVISION C—DEPARTMENT OF HOME2 LAND SECURITY APPROPRIATIONS 

3 ACT, 2016 

4 TITLE I 

5 DEPARTMENTAL MANAGEMENT AND 

6 OPERATIONS 

7 OFFICE OF THE SECRETARY AND EXECUTIVE

8 MANAGEMENT

9 For necessary expenses of the Office of the Secretary 

10 of Homeland Security, as authorized by section 102 of the 

11 Homeland Security Act of 2002 (6 U.S.C. 112), and exec12 utive management of the Department of Homeland Secu13 rity, as authorized by law, $133,362,000: Provided, That 

14 not to exceed $45,000 shall be for official reception and 

15 representation expenses: Provided further, That all official 

16 costs associated with the use of government aircraft by 

17 Department of Homeland Security personnel to support 

18 official travel of the Secretary and the Deputy Secretary 

19 shall be paid from amounts made available for the Imme20 diate Office of the Secretary and the Immediate Office of 

21 the Deputy Secretary: Provided further, That, not later 

22 than 30 days after the date of enactment of this Act, the 

23 Secretary of Homeland Security shall submit to the Com24 mittees on Appropriations of the Senate and the House 

25 of Representatives, the Committees on the Judiciary of the 


emcdonald on DSK67QTVN1PROD with BILLS
215 

•S 2130 PCS

1 House of Representatives and the Senate, the Committee 

2 on Homeland Security of the House of Representatives, 

3 and the Committee on Homeland Security and Govern4 mental Affairs of the Senate the comprehensive plan for 

5 implementation of the biometric entry and exit data sys6 tem as required under this heading in Public Law 114– 

7 4 and a report on visa overstay data by country as re8 quired by section 1376 of title 8, United States Code: Pro9 vided further, That the report on visa overstay data shall 

10 also include— 

11 (1) overstays from all nonimmigrant visa cat12 egories under the immigration laws, delineated by 

13 each of the classes and sub-classes of such cat14 egories; and 

15 (2) numbers as well as rates of overstays for 

16 each class and sub-class of such nonimmigrant cat17 egories on a per-country basis: 

18 Provided further, That, of the funds provided under this 

19 heading, $13,000,000 shall be withheld from obligation for 

20 the Office of the Secretary and Executive Management 

21 until both the comprehensive plan and the report are sub22 mitted. 

23 OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

24 For necessary expenses of the Office of the Under 

25 Secretary for Management, as authorized by sections 701 


emcdonald on DSK67QTVN1PROD with BILLS
216 

•S 2130 PCS

1 through 705 of the Homeland Security Act of 2002 (6 

2 U.S.C. 341 through 345), $184,465,000, of which not to 

3 exceed $2,250 shall be for official reception and represen4 tation expenses: Provided, That, of the total amount made 

5 available under this heading, $2,931,000 shall remain 

6 available until September 30, 2017, solely for the alter7 ation and improvement of facilities, tenant improvements, 

8 and relocation costs to consolidate Department head9 quarters operations at the Nebraska Avenue Complex; and 

10 $7,778,000 shall remain available until September 30, 

11 2017, for the Human Resources Information Technology 

12 program: Provided further, That the Under Secretary for 

13 Management shall include in the President’s budget pro14 posal for fiscal year 2017, submitted pursuant to section 

15 1105(a) of title 31, United States Code, a Comprehensive 

16 Acquisition Status Report, which shall include the infor17 mation required under the heading ‘‘Office of the Under 

18 Secretary for Management’’ under title I of division D of 

19 the Consolidated Appropriations Act, 2012 (Public Law 

20 112–74), and shall submit quarterly updates to such re21 port not later than 45 days after the completion of each 

22 quarter. 

23 OFFICE OF THE CHIEF FINANCIAL OFFICER

24 For necessary expenses of the Office of the Chief Fi25 nancial Officer, as authorized by section 103 of the HomeVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00216 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
217 

•S 2130 PCS

1 land Security Act of 2002 (6 U.S.C. 113), $53,420,000: 

2 Provided, That the Secretary of Homeland Security shall 

3 submit to the Committees on Appropriations of the Senate 

4 and the House of Representatives, at the time the Presi5 dent’s budget proposal for fiscal year 2017 is submitted 

6 pursuant to section 1105(a) of title 31, United States 

7 Code, the Future Years Homeland Security Program, as 

8 authorized by section 874 of Public Law 107–296 (6 

9 U.S.C. 454). 

10 OFFICE OF THE CHIEF INFORMATION OFFICER

11 For necessary expenses of the Office of the Chief In12 formation Officer, as authorized by section 103 of the 

13 Homeland Security Act of 2002 (6 U.S.C. 113), and De14 partmentwide technology investments, $304,479,000; of 

15 which $104,790,000 shall be available for salaries and ex16 penses; and of which $199,689,000, to remain available 

17 until September 30, 2017, shall be available for develop18 ment and acquisition of information technology equip19 ment, software, services, and related activities for the De20 partment of Homeland Security. 

21 ANALYSIS AND OPERATIONS

22 For necessary expenses for intelligence analysis and 

23 operations coordination activities, as authorized by title II 

24 of the Homeland Security Act of 2002 (6 U.S.C. 121 et 

25 seq.), $263,467,000; of which not to exceed $3,825 shall 


emcdonald on DSK67QTVN1PROD with BILLS
218 

•S 2130 PCS

1 be for official reception and representation expenses; of 

2 which not to exceed $2,000,000 is available for facility 

3 needs associated with secure space at fusion centers, in4 cluding improvements to buildings; and of which 

5 $109,639,000 shall remain available until September 30, 

6 2017. 

7 OFFICE OF INSPECTOR GENERAL

8 For necessary expenses of the Office of Inspector 

9 General in carrying out the provisions of the Inspector 

10 General Act of 1978 (5 U.S.C. App.), $134,488,000; of 

11 which not to exceed $300,000 may be used for certain con12 fidential operational expenses, including the payment of 

13 informants, to be expended at the direction of the Inspec14 tor General. 

15 TITLE II 

16 SECURITY, ENFORCEMENT, AND 

17 INVESTIGATIONS 

18 U.S. CUSTOMS AND BORDER PROTECTION

19 SALARIES AND EXPENSES

20 For necessary expenses for enforcement of laws relat21 ing to border security, immigration, customs, agricultural 

22 inspections and regulatory activities related to plant and 

23 animal imports, and transportation of unaccompanied 

24 minor aliens; purchase and lease of up to 7,500 (6,500 

25 for replacement only) police-type vehicles; and contracting 


emcdonald on DSK67QTVN1PROD with BILLS
219 

•S 2130 PCS

1 with individuals for personal services abroad; 

2 $8,779,325,000; of which $3,274,000 shall be derived 

3 from the Harbor Maintenance Trust Fund for administra4 tive expenses related to the collection of the Harbor Main5 tenance Fee pursuant to section 9505(c)(3) of the Internal 

6 Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and not7 withstanding section 1511(e)(1) of the Homeland Security 

8 Act of 2002 (6 U.S.C. 551(e)(1)); of which not to exceed 

9 $34,425 shall be for official reception and representation 

10 expenses; of which such sums as become available in the 

11 Customs User Fee Account, except sums subject to section 

12 13031(f)(3) of the Consolidated Omnibus Budget Rec13 onciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be de14 rived from that account; of which not to exceed $150,000 

15 shall be available for payment for rental space in connec16 tion with preclearance operations; and of which not to ex17 ceed $1,000,000 shall be for awards of compensation to 

18 informants, to be accounted for solely under the certificate 

19 of the Secretary of Homeland Security: Provided, That, 

20 of the amounts made available under this heading for In21 spection and Detection Technology Investments, 

22 $18,500,000 shall remain available until September 30, 

23 2018: Provided further, That, for fiscal year 2016, the 

24 overtime limitation prescribed in section 5(c)(1) of the Act 

25 of February 13, 1911 (19 U.S.C. 267(c)(1)) shall be 


emcdonald on DSK67QTVN1PROD with BILLS
220 

•S 2130 PCS

1 $35,000; and notwithstanding any other provision of law, 

2 none of the funds appropriated by this Act shall be avail3 able to compensate any employee of U.S. Customs and 

4 Border Protection for overtime, from whatever source, in 

5 an amount that exceeds such limitation, except in indi6 vidual cases determined by the Secretary of Homeland Se7 curity, or the designee of the Secretary, to be necessary 

8 for national security purposes, to prevent excessive costs, 

9 or in cases of immigration emergencies: Provided further, 

10 That the Border Patrol shall maintain an active duty pres11 ence of not less than 21,370 full-time equivalent agents 

12 protecting the borders of the United States in the fiscal 

13 year. 

14 AUTOMATION MODERNIZATION

15 For necessary expenses for U.S. Customs and Border 

16 Protection for operation and improvement of automated 

17 systems, including salaries and expenses, $854,029,000; 

18 of which $463,059,000 shall remain available until Sep19 tember 30, 2018; and of which not less than $151,062,000 

20 shall be for the development of the Automated Commercial 

21 Environment. 


emcdonald on DSK67QTVN1PROD with BILLS
221 

•S 2130 PCS

1 BORDER SECURITY FENCING, INFRASTRUCTURE, AND

2 TECHNOLOGY

3 For expenses for border security fencing, infrastruc4 ture, and technology, $373,461,000, to remain available 

5 until September 30, 2017. 

6 AIR AND MARINE OPERATIONS

7 For necessary expenses for the operations, mainte8 nance, and procurement of marine vessels, aircraft, un9 manned aircraft systems, the Air and Marine Operations 

10 Center, and other related equipment of the air and marine 

11 program, including salaries and expenses, operational 

12 training, and mission-related travel, the operations of 

13 which include the following: the interdiction of narcotics 

14 and other goods; the provision of support to Federal, 

15 State, and local agencies in the enforcement or adminis16 tration of laws enforced by the Department of Homeland 

17 Security; and, at the discretion of the Secretary of Home18 land Security, the provision of assistance to Federal, 

19 State, and local agencies in other law enforcement and 

20 emergency humanitarian efforts; $754,614,000; of which 

21 $303,445,000 shall be available for salaries and expenses; 

22 and of which $451,169,000 shall remain available until 

23 September 30, 2018: Provided, That no aircraft or other 

24 related equipment, with the exception of aircraft that are 

25 one of a kind and have been identified as excess to U.S. 


emcdonald on DSK67QTVN1PROD with BILLS
222 

•S 2130 PCS

1 Customs and Border Protection requirements and aircraft 

2 that have been damaged beyond repair, shall be trans3 ferred to any other Federal agency, department, or office 

4 outside of the Department of Homeland Security during 

5 fiscal year 2016 without prior notice to the Committees 

6 on Appropriations of the Senate and the House of Rep7 resentatives: Provided further, That the Secretary of 

8 Homeland Security shall report to the Committees on Ap9 propriations of the Senate and the House of Representa10 tives, not later than 90 days after the date of enactment 

11 of this Act, on any changes to the 5-year strategic plan 

12 of the air and marine program required under the heading 

13 ‘‘Air and Marine Interdiction, Operations, and Mainte14 nance’’ in Public Law 112–74. 

15 CONSTRUCTION AND FACILITIES MANAGEMENT

16 For necessary expenses to plan, acquire, construct, 

17 renovate, equip, furnish, operate, manage, and maintain 

18 buildings, facilities, and related infrastructure necessary 

19 for the administration and enforcement of the laws relat20 ing to customs, immigration, and border security, 

21 $313,500,000, to remain available until September 30, 

22 2020. 


emcdonald on DSK67QTVN1PROD with BILLS
223 

•S 2130 PCS

1 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

2 SALARIES AND EXPENSES

3 For necessary expenses for enforcement of immigra4 tion and customs laws, detention and removals, and inves5 tigations, including intellectual property rights and over6 seas vetted units operations; and purchase and lease of 

7 up to 3,790 (2,350 for replacement only) police-type vehi8 cles; $5,762,494,000; of which not to exceed $10,000,000 

9 shall be available until expended for conducting special op10 erations under section 3131 of the Customs Enforcement 

11 Act of 1986 (19 U.S.C. 2081); of which not to exceed 

12 $11,475 shall be for official reception and representation 

13 expenses; of which not to exceed $2,000,000 shall be for 

14 awards of compensation to informants, to be accounted 

15 for solely under the certificate of the Secretary of Home16 land Security; of which not less than $305,000 shall be 

17 for promotion of public awareness of the child pornog18 raphy tipline and activities to counter child exploitation; 

19 of which not less than $5,400,000 shall be used to facili20 tate agreements consistent with section 287(g) of the Im21 migration and Nationality Act (8 U.S.C. 1357(g)); of 

22 which not to exceed $40,000,000, to remain available until 

23 September 30, 2018, is for maintenance, construction, and 

24 lease hold improvements at owned and leased facilities; 

25 and of which not to exceed $11,216,000 shall be available 


emcdonald on DSK67QTVN1PROD with BILLS
224 

•S 2130 PCS

1 to fund or reimburse other Federal agencies for the costs 

2 associated with the care, maintenance, and repatriation of 

3 smuggled aliens unlawfully present in the United States: 

4 Provided, That none of the funds made available under 

5 this heading shall be available to compensate any employee 

6 for overtime in an annual amount in excess of $35,000, 

7 except that the Secretary of Homeland Security, or the 

8 designee of the Secretary, may waive that amount as nec9 essary for national security purposes and in cases of immi10 gration emergencies: Provided further, That, of the total 

11 amount provided, $15,770,000 shall be for activities to en12 force laws against forced child labor, of which not to ex13 ceed $6,000,000 shall remain available until expended: 

14 Provided further, That, of the total amount available, not 

15 less than $1,600,000,000 shall be available to identify 

16 aliens convicted of a crime who may be deportable, and 

17 to remove them from the United States once they are 

18 judged deportable: Provided further, That the Secretary of 

19 Homeland Security shall prioritize the identification and 

20 removal of aliens convicted of a crime by the severity of 

21 that crime: Provided further, That funding made available 

22 under this heading shall maintain a level of not less than 

23 34,000 detention beds through September 30, 2016: Pro24 vided further, That, of the total amount provided, not less 

25 than $3,201,977,000 is for enforcement, detention, and 


emcdonald on DSK67QTVN1PROD with BILLS
225 

•S 2130 PCS

1 removal operations, including transportation of unaccom2 panied minor aliens: Provided further, That, of the amount 

3 provided for Custody Operations in the previous proviso, 

4 $45,000,000 shall remain available until September 30, 

5 2020: Provided further, That, of the total amount provided 

6 for the Visa Security Program, $13,300,000 shall remain 

7 available until September 30, 2017: Provided further, That 

8 not less than $15,000,000 shall be available for investiga9 tion of intellectual property rights violations, including op10 eration of the National Intellectual Property Rights Co11 ordination Center: Provided further, That none of the 

12 funds provided under this heading may be used to con13 tinue a delegation of law enforcement authority authorized 

14 under section 287(g) of the Immigration and Nationality 

15 Act (8 U.S.C. 1357(g)) if the Department of Homeland 

16 Security Inspector General determines that the terms of 

17 the agreement governing the delegation of authority have 

18 been materially violated: Provided further, That none of 

19 the funds provided under this heading may be used to con20 tinue any contract for the provision of detention services 

21 if the two most recent overall performance evaluations re22 ceived by the contracted facility are less than ‘‘adequate’’ 

23 or the equivalent median score in any subsequent perform24 ance evaluation system: Provided further, That nothing 

25 under this heading shall prevent U.S. Immigration and 


emcdonald on DSK67QTVN1PROD with BILLS
226 

•S 2130 PCS

1 Customs Enforcement from exercising those authorities 

2 provided under immigration laws (as defined in section 

3 101(a)(17) of the Immigration and Nationality Act (8 

4 U.S.C. 1101(a)(17))) during priority operations per5 taining to aliens convicted of a crime: Provided further, 

6 That, without regard to the limitation as to time and con7 dition of section 503(d) of this Act, the Secretary may 

8 propose to reprogram and transfer funds within and into 

9 this appropriation necessary to ensure the detention of 

10 aliens prioritized for removal. 

11 AUTOMATION MODERNIZATION

12 For expenses of immigration and customs enforce13 ment automated systems, $53,000,000, to remain avail14 able until September 30, 2018. 

15 TRANSPORTATION SECURITY ADMINISTRATION

16 AVIATION SECURITY

17 For necessary expenses of the Transportation Secu18 rity Administration related to providing civil aviation secu19 rity services pursuant to the Aviation and Transportation 

20 Security Act (Public Law 107–71; 115 Stat. 597; 49 

21 U.S.C. 40101 note), $5,582,528,000, to remain available 

22 until September 30, 2017; of which not to exceed $7,650 

23 shall be for official reception and representation expenses: 

24 Provided, That any award to deploy explosives detection 

25 systems shall be based on risk, the airport’s current reliVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00226 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
227 

•S 2130 PCS

1 ance on other screening solutions, lobby congestion result2 ing in increased security concerns, high injury rates, air3 port readiness, and increased cost effectiveness: Provided 

4 further, That security service fees authorized under section 

5 44940 of title 49, United States Code, shall be credited 

6 to this appropriation as offsetting collections and shall be 

7 available only for aviation security: Provided further, That 

8 the sum appropriated under this heading from the general 

9 fund shall be reduced on a dollar-for-dollar basis as such 

10 offsetting collections are received during fiscal year 2016 

11 so as to result in a final fiscal year appropriation from 

12 the general fund estimated at not more than 

13 $3,452,528,000: Provided further, That the funds depos14 ited pursuant to section 515 of Public Law 108–334 that 

15 are currently unavailable for obligation are hereby perma16 nently cancelled: Provided further, That, notwithstanding 

17 section 44923 of title 49, United States Code, for fiscal 

18 year 2016, any funds in the Aviation Security Capital 

19 Fund established by section 44923(h) of title 49, United 

20 States Code, may be used for the procurement and instal21 lation of explosives detection systems or for the issuance 

22 of other transaction agreements for the purpose of funding 

23 projects described in section 44923(a) of such title: Pro24 vided further, That, notwithstanding any other provision 

25 of law, for the current fiscal year and each fiscal year 


emcdonald on DSK67QTVN1PROD with BILLS
228 

•S 2130 PCS

1 hereafter, mobile explosives detection systems purchased 

2 and deployed using funds made available under this head3 ing may be moved and redeployed to meet evolving pas4 senger and baggage screening security priorities at air5 ports: Provided further, That none of the funds made 

6 available in this Act may be used for any recruiting or 

7 hiring of personnel into the Transportation Security Ad8 ministration that would cause the agency to exceed a staff9 ing level of 43,000 full-time equivalent screeners: Provided 

10 further, That the preceding proviso shall not apply to per11 sonnel hired as part-time employees: Provided further, 

12 That, not later than 90 days after the date of enactment 

13 of this Act, the Secretary of Homeland Security shall sub14 mit to the Committees on Appropriations of the Senate 

15 and the House of Representatives a detailed report on— 

16 (1) the Department of Homeland Security ef17 forts and resources being devoted to develop more 

18 advanced integrated passenger screening tech19 nologies for the most effective security of passengers 

20 and baggage at the lowest possible operating and ac21 quisition costs, including projected funding levels for 

22 each fiscal year for the next 5 years or until project 

23 completion, whichever is earlier; 

24 (2) how the Transportation Security Adminis25 tration is deploying its existing passenger and bagVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00228 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
229 

•S 2130 PCS

1 gage screener workforce in the most cost effective 

2 manner; and 

3 (3) labor savings from the deployment of im4 proved technologies for passenger and baggage 

5 screening, including high-speed baggage screening 

6 and how those savings are being used to offset secu7 rity costs or reinvested to address security 

8 vulnerabilities: 

9 Provided further, That the Administrator of the Transpor10 tation Security Administration shall submit to the Com11 mittees on Appropriations of the Senate and the House 

12 of Representatives, a semiannual report updating informa13 tion on a strategy to increase the number of air passengers 

14 eligible for expedited screening as specified under this 

15 heading in Public Law 114–4: Provided further, That 

16 Members of the United States House of Representatives 

17 and United States Senate, including the leadership; the 

18 heads of Federal agencies and commissions, including the 

19 Secretary, Deputy Secretary, Under Secretaries, and As20 sistant Secretaries of the Department of Homeland Secu21 rity; the United States Attorney General, Deputy Attorney 

22 General, Assistant Attorneys General, and the United 

23 States Attorneys; and senior members of the Executive 

24 Office of the President, including the Director of the OfVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00229 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
230 

•S 2130 PCS

1 fice of Management and Budget, shall not be exempt from 

2 Federal passenger and baggage screening. 

3 SURFACE TRANSPORTATION SECURITY

4 For necessary expenses of the Transportation Secu5 rity Administration related to surface transportation secu6 rity activities, $122,728,000, to remain available until 

7 September 30, 2017. 

8 INTELLIGENCE AND VETTING

9 For necessary expenses for the development and im10 plementation of intelligence and vetting activities, 

11 $225,315,000, to remain available until September 30, 

12 2017. 

13 TRANSPORTATION SECURITY SUPPORT

14 For necessary expenses of the Transportation Secu15 rity Administration related to transportation security sup16 port pursuant to the Aviation and Transportation Security 

17 Act (Public Law 107–71; 115 Stat. 597; 49 U.S.C. 40101 

18 note), $918,867,000, to remain available until September 

19 30, 2017. 

20 UNITED STATES COAST GUARD

21 OPERATING EXPENSES

22 For necessary expenses for the operation and mainte23 nance of the Coast Guard, not otherwise provided for; pur24 chase or lease of not to exceed 25 passenger motor vehi25 cles, which shall be for replacement only; purchase or lease 


emcdonald on DSK67QTVN1PROD with BILLS
231 

•S 2130 PCS

1 of small boats for contingent and emergent requirements 

2 (at a unit cost of no more than $700,000) and repairs 

3 and service-life replacements, not to exceed a total of 

4 $31,000,000; purchase or lease of boats necessary for 

5 overseas deployments and activities; purchase or lease of 

6 other equipment (at a unit cost of no more than 

7 $250,000); minor shore construction projects not exceed8 ing $1,000,000 in total cost on any location; payments 

9 pursuant to section 156 of Public Law 97–377 (42 U.S.C. 

10 402 note; 96 Stat. 1920); and recreation and welfare; 

11 $6,996,365,000, of which $500,002,000 shall be for de12 fense-related activities, of which $160,002,000 is des13 ignated by the Congress for Overseas Contingency Oper14 ations/Global War on Terrorism pursuant to section 

15 251(b)(2)(A) of the Balanced Budget and Emergency 

16 Deficit Control Act of 1985 and shall be available only 

17 if the President subsequently so designates all such 

18 amounts and transmits such designations to the Congress; 

19 of which $24,500,000 shall be derived from the Oil Spill 

20 Liability Trust Fund to carry out the purposes of section 

21 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 

22 2712(a)(5)); and of which not to exceed $30,600 shall be 

23 for official reception and representation expenses: Pro24 vided, That none of the funds made available by this Act 

25 shall be for expenses incurred for recreational vessels 


emcdonald on DSK67QTVN1PROD with BILLS
232 

•S 2130 PCS

1 under section 12114 of title 46, United States Code, ex2 cept to the extent fees are collected from owners of yachts 

3 and credited to this appropriation: Provided further, That, 

4 to the extent fees are insufficient to pay expenses of rec5 reational vessel documentation under such section 12114, 

6 and there is a backlog of recreational vessel applications, 

7 then personnel performing non-recreational vessel docu8 mentation functions under subchapter II of chapter 121 

9 of title 46, United States Code, may perform documenta10 tion under section 12114: Provided further, That, of the 

11 funds provided under this heading, $85,000,000 shall be 

12 withheld from obligation for Coast Guard Headquarters 

13 Directorates until a future-years capital investment plan 

14 for fiscal years 2017–2021, as specified under the heading 

15 ‘‘Coast Guard, Acquisition, Construction, and Improve16 ments’’ of this Act, is submitted to the Committees on 

17 Appropriations of the Senate and the House of Represent18 atives: Provided further, That funds made available under 

19 this heading for Overseas Contingency Operations/Global 

20 War on Terrorism may be allocated by program, project, 

21 and activity, notwithstanding section 503 of this Act: Pro22 vided further, That, without regard to the limitation as 

23 to time and condition of section 503(d) of this Act, after 

24 June 30, up to $10,000,000 may be reprogrammed to or 


emcdonald on DSK67QTVN1PROD with BILLS
233 

•S 2130 PCS

1 from Military Pay and Allowances in according with sub2 sections (a), (b), and (c) of section 503. 

3 ENVIRONMENTAL COMPLIANCE AND RESTORATION

4 For necessary expenses to carry out the environ5 mental compliance and restoration functions of the Coast 

6 Guard under chapter 19 of title 14, United States Code, 

7 $13,221,000, to remain available until September 30, 

8 2020. 

9 RESERVE TRAINING

10 For necessary expenses of the Coast Guard Reserve, 

11 as authorized by law; operations and maintenance of the 

12 Coast Guard reserve program; personnel and training 

13 costs; and equipment and services; $110,614,000. 

14 ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

15 For necessary expenses of acquisition, construction, 

16 renovation, and improvement of aids to navigation, shore 

17 facilities, vessels, and aircraft, including equipment related 

18 thereto; and maintenance, rehabilitation, lease, and oper19 ation of facilities and equipment; as authorized by law; 

20 $1,573,269,000; of which $20,000,000 shall be derived 

21 from the Oil Spill Liability Trust Fund to carry out the 

22 purposes of section 1012(a)(5) of the Oil Pollution Act 

23 of 1990 (33 U.S.C. 2712(a)(5)); and of which the fol24 lowing amounts, to remain available until September 30, 

25 2020 (except as subsequently specified), shall be available 


emcdonald on DSK67QTVN1PROD with BILLS
234 

•S 2130 PCS

1 as follows: $1,069,900,000 to acquire, effect major repairs 

2 to, renovate, or improve vessels, small boats, and related 

3 equipment; $200,000,000 to acquire, effect major repairs 

4 to, renovate, or improve aircraft or increase aviation capa5 bility; $65,100,000 for other acquisition programs; 

6 $121,400,000 for shore facilities and aids to navigation, 

7 including facilities at Department of Defense installations 

8 used by the Coast Guard; and $116,869,000, to remain 

9 available until September 30, 2016, for personnel com10 pensation and benefits and related costs: Provided, That, 

11 of the funds provided by this Act, not less than 

12 $640,000,000 shall be immediately available and allotted 

13 to contract for the production of the ninth National Secu14 rity Cutter notwithstanding the availability of funds for 

15 postproduction costs: Provided further, That the Com16 mandant of the Coast Guard shall submit to the Commit17 tees on Appropriations of the Senate and the House of 

18 Representatives, the Committee on Commerce, Science, 

19 and Transportation of the Senate, and the Committee on 

20 Transportation and Infrastructure of the House of Rep21 resentatives, at the time the President’s budget proposal 

22 for fiscal year 2017 is submitted pursuant to section 

23 1105(a) of title 31, United States Code, a future-years 

24 capital investment plan for the Coast Guard that identifies 

25 for each requested capital asset— 


emcdonald on DSK67QTVN1PROD with BILLS
235 

•S 2130 PCS

1 (1) the proposed appropriations included in that 

2 budget; 

3 (2) the total estimated cost of completion, in4 cluding and clearly delineating the costs of associ5 ated major acquisition systems infrastructure and 

6 transition to operations; 

7 (3) projected funding levels for each fiscal year 

8 for the next 5 fiscal years or until acquisition pro9 grams baseline or project completion, whichever is 

10 earlier; 

11 (4) an estimated completion date at the pro12 jected funding levels; and 

13 (5) a current acquisition program baseline for 

14 each capital asset, as applicable, that— 

15 (A) includes the total acquisition cost of 

16 each asset, subdivided by fiscal year and includ17 ing a detailed description of the purpose of the 

18 proposed funding levels for each fiscal year, in19 cluding for each fiscal year funds requested for 

20 design, pre-acquisition activities, production, 

21 structural modifications, missionization, post22 delivery, and transition to operations costs; 

23 (B) includes a detailed project schedule 

24 through completion, subdivided by fiscal year, 

25 that details— 


emcdonald on DSK67QTVN1PROD with BILLS
236 

•S 2130 PCS

1 (i) quantities planned for each fiscal 

2 year; and 

3 (ii) major acquisition and project 

4 events, including development of oper5 ational requirements, contracting actions, 

6 design reviews, production, delivery, test 

7 and evaluation, and transition to oper8 ations, including necessary training, shore 

9 infrastructure, and logistics; 

10 (C) notes and explains any deviations in 

11 cost, performance parameters, schedule, or esti12 mated date of completion from the original ac13 quisition program baseline and the most recent 

14 baseline approved by the Department of Home15 land Security’s Acquisition Review Board, if ap16 plicable; 

17 (D) aligns the acquisition of each asset to 

18 mission requirements by defining existing capa19 bilities of comparable legacy assets, identifying 

20 known capability gaps between such existing ca21 pabilities and stated mission requirements, and 

22 explaining how the acquisition of each asset will 

23 address such known capability gaps; 

24 (E) defines life-cycle costs for each asset 

25 and the date of the estimate on which such 


emcdonald on DSK67QTVN1PROD with BILLS
237 

•S 2130 PCS

1 costs are based, including all associated costs of 

2 major acquisitions systems infrastructure and 

3 transition to operations, delineated by purpose 

4 and fiscal year for the projected service life of 

5 the asset; 

6 (F) includes the earned value management 

7 system summary schedule performance index 

8 and cost performance index for each asset, if 

9 applicable; and 

10 (G) includes a phase-out and decommis11 sioning schedule delineated by fiscal year for 

12 each existing legacy asset that each asset is in13 tended to replace or recapitalize: 

14 Provided further, That the Commandant of the Coast 

15 Guard shall ensure that amounts specified in the future16 years capital investment plan are consistent, to the max17 imum extent practicable, with proposed appropriations 

18 necessary to support the programs, projects, and activities 

19 of the Coast Guard in the President’s budget proposal for 

20 fiscal year 2017, submitted pursuant to section 1105(a) 

21 of title 31, United States Code: Provided further, That any 

22 inconsistencies between the capital investment plan and 

23 proposed appropriations shall be identified and justified: 

24 Provided further, That the Director of the Office of Man25 agement and Budget shall not delay the submission of the 


emcdonald on DSK67QTVN1PROD with BILLS
238 

•S 2130 PCS

1 capital investment plan referred to by the preceding pro2 visos: Provided further, That the Director of the Office of 

3 Management and Budget shall have no more than a single 

4 period of 10 consecutive business days to review the cap5 ital investment plan prior to submission: Provided further, 

6 That the Secretary of Homeland Security shall notify the 

7 Committees on Appropriations of the Senate and the 

8 House of Representatives, the Committee on Commerce, 

9 Science, and Transportation of the Senate, and the Com10 mittee on Transportation and Infrastructure of the House 

11 of Representatives one day after the capital investment 

12 plan is submitted to the Office of Management and Budg13 et for review and the Director of the Office of Manage14 ment and Budget shall notify the Committees on Appro15 priations of the Senate and the House of Representatives, 

16 the Committee on Commerce, Science, and Transportation 

17 of the Senate, and the Committee on Transportation and 

18 Infrastructure of the House of Representatives when such 

19 review is completed. 

20 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

21 For necessary expenses for applied scientific re22 search, development, test, and evaluation; and for mainte23 nance, rehabilitation, lease, and operation of facilities and 

24 equipment; as authorized by law; $18,019,000, to remain 

25 available until September 30, 2018, of which $500,000 


emcdonald on DSK67QTVN1PROD with BILLS
239 

•S 2130 PCS

1 shall be derived from the Oil Spill Liability Trust Fund 

2 to carry out the purposes of section 1012(a)(5) of the Oil 

3 Pollution Act of 1990 (33 U.S.C. 2712(a)(5)): Provided, 

4 That there may be credited to and used for the purposes 

5 of this appropriation funds received from State and local 

6 governments, other public authorities, private sources, and 

7 foreign countries for expenses incurred for research, devel8 opment, testing, and evaluation. 

9 RETIRED PAY

10 For retired pay, including the payment of obligations 

11 otherwise chargeable to lapsed appropriations for this pur12 pose, payments under the Retired Serviceman’s Family 

13 Protection and Survivor Benefits Plans, payment for ca14 reer status bonuses, concurrent receipts, and combat-re15 lated special compensation under the National Defense 

16 Authorization Act, and payments for medical care of re17 tired personnel and their dependents under chapter 55 of 

18 title 10, United States Code, $1,604,000,000, to remain 

19 available until expended. 

20 UNITED STATES SECRET SERVICE

21 SALARIES AND EXPENSES

22 For necessary expenses of the United States Secret 

23 Service, including purchase of not to exceed 652 vehicles 

24 for police-type use for replacement only; hire of passenger 

25 motor vehicles; purchase of motorcycles made in the 


emcdonald on DSK67QTVN1PROD with BILLS
240 

•S 2130 PCS

1 United States; hire of aircraft; services of expert witnesses 

2 at such rates as may be determined by the Director of 

3 the United States Secret Service; rental of buildings in 

4 the District of Columbia, and fencing, lighting, guard 

5 booths, and other facilities on private or other property 

6 not in Government ownership or control, as may be nec7 essary to perform protective functions; payment of per 

8 diem or subsistence allowances to employees in cases in 

9 which a protective assignment on the actual day or days 

10 of the visit of a protectee requires an employee to work 

11 16 hours per day or to remain overnight at a post of duty; 

12 conduct of and participation in firearms matches; presen13 tation of awards; travel of United States Secret Service 

14 employees on protective missions without regard to the 

15 limitations on such expenditures in this or any other Act 

16 if approval is obtained in advance from the Committees 

17 on Appropriations of the Senate and the House of Rep18 resentatives; research and development; grants to conduct 

19 behavioral research in support of protective research and 

20 operations; and payment in advance for commercial ac21 commodations as may be necessary to perform protective 

22 functions; $1,837,165,000; of which not to exceed $19,125 

23 shall be for official reception and representation expenses; 

24 of which not to exceed $100,000 shall be to provide tech25 nical assistance and equipment to foreign law enforcement 


emcdonald on DSK67QTVN1PROD with BILLS
241 

•S 2130 PCS

1 organizations in counterfeit investigations; of which 

2 $2,366,000 shall be for forensic and related support of 

3 investigations of missing and exploited children; of which 

4 $6,000,000 shall be for a grant for activities related to 

5 investigations of missing and exploited children and shall 

6 remain available until September 30, 2017; and of which 

7 not less than $10,000,000 shall be for activities related 

8 to training in electronics crimes investigations and 

9 forensics: Provided, That $18,000,000 for protective travel 

10 shall remain available until September 30, 2017: Provided 

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

12 heading for security improvements at the White House 

13 complex, $8,200,000 shall remain available until Sep14 tember 30, 2017: Provided further, That $4,500,000 for 

15 National Special Security Events shall remain available 

16 until expended: Provided further, That the United States 

17 Secret Service is authorized to obligate funds in anticipa18 tion of reimbursements from Federal agencies and enti19 ties, as defined in section 105 of title 5, United States 

20 Code, for personnel receiving training sponsored by the 

21 James J. Rowley Training Center, except that total obliga22 tions at the end of the fiscal year shall not exceed total 

23 budgetary resources available under this heading at the 

24 end of the fiscal year: Provided further, That none of the 

25 funds made available under this heading shall be available 


emcdonald on DSK67QTVN1PROD with BILLS
242 

•S 2130 PCS

1 to compensate any employee for overtime in an annual 

2 amount in excess of $35,000, except that the Secretary 

3 of Homeland Security, or the designee of the Secretary, 

4 may waive that amount as necessary for national security 

5 purposes: Provided further, That none of the funds made 

6 available to the United States Secret Service by this Act 

7 or by previous appropriations Acts may be made available 

8 for the protection of the head of a Federal agency other 

9 than the Secretary of Homeland Security: Provided fur10 ther, That the Director of the United States Secret Service 

11 may enter into an agreement to provide such protection 

12 on a fully reimbursable basis: Provided further, That none 

13 of the funds made available to the United States Secret 

14 Service by this Act or by previous appropriations Acts may 

15 be obligated for the purpose of opening a new permanent 

16 domestic or overseas office or location unless the Commit17 tees on Appropriations of the Senate and the House of 

18 Representatives are notified 15 days in advance of such 

19 obligation: Provided further, That, for purposes of section 

20 503(b) of this Act, $15,000,000 or 10 percent, whichever 

21 is less, may be transferred between Protection of Persons 

22 and Facilities and Domestic Field Operations. 


emcdonald on DSK67QTVN1PROD with BILLS
243 

•S 2130 PCS

1 ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND

2 RELATED EXPENSES

3 For necessary expenses for acquisition, construction, 

4 repair, alteration, and improvement of physical and tech5 nological infrastructure, $86,974,000; of which 

6 $26,432,000, to remain available until September 30, 

7 2020, shall be for acquisition, construction, improvement, 

8 and maintenance of the James J. Rowley Training Center; 

9 and of which $60,542,000, to remain available until Sep10 tember 30, 2018, shall be for Information Integration and 

11 Technology Transformation program execution. 

12 TITLE III 

13 PROTECTION, PREPAREDNESS, RESPONSE, AND 

14 RECOVERY 

15 NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

16 MANAGEMENT AND ADMINISTRATION

17 For the management and administration of the Na18 tional Protection and Programs Directorate, and support 

19 for operations and information technology, $57,971,000: 

20 Provided, That not to exceed $3,825 shall be for official 

21 reception and representation expenses: Provided further, 

22 That the President’s budget proposal for fiscal year 2017, 

23 submitted pursuant to section 1105(a) of title 31, United 

24 States Code, shall be detailed by office, and by program, 


emcdonald on DSK67QTVN1PROD with BILLS
244 

•S 2130 PCS

1 project, and activity level, for the National Protection and 

2 Programs Directorate. 

3 INFRASTRUCTURE PROTECTION AND INFORMATION

4 SECURITY

5 For necessary expenses for infrastructure protection 

6 and information security programs and activities, as au7 thorized by title II of the Homeland Security Act of 2002 

8 (6 U.S.C. 121 et seq.), $1,297,000,000, of which 

9 $271,363,000 shall remain available until September 30, 

10 2017. 

11 FEDERAL PROTECTIVE SERVICE

12 The revenues and collections of security fees credited 

13 to this account shall be available until expended for nec14 essary expenses related to the protection of federally 

15 owned and leased buildings and for the operations of the 

16 Federal Protective Service: Provided, That the Director of 

17 the Federal Protective Service shall submit at the time 

18 the President’s budget proposal for fiscal year 2017 is 

19 submitted pursuant to section 1105(a) of title 31, United 

20 States Code, a strategic human capital plan that aligns 

21 fee collections to personnel requirements based on a cur22 rent threat assessment. 

23 OFFICE OF BIOMETRIC IDENTITY MANAGEMENT

24 For necessary expenses for the Office of Biometric 

25 Identity Management, as authorized by section 7208 of 


emcdonald on DSK67QTVN1PROD with BILLS
245 

•S 2130 PCS

1 the Intelligence Reform and Terrorism Prevention Act of 

2 2004 (8 U.S.C. 1365b), $283,265,000: Provided, That, of 

3 the total amount made available under this heading, 

4 $159,054,000 shall remain available until September 30, 

5 2018. 

6 OFFICE OF HEALTH AFFAIRS

7 For necessary expenses of the Office of Health Af8 fairs, $122,924,000; of which $25,865,000 is for salaries 

9 and expenses and $83,278,000 is for BioWatch oper10 ations: Provided, That, of the amount made available 

11 under this heading, $13,781,000 shall remain available 

12 until September 30, 2017, for biosurveillance, chemical de13 fense, medical and health planning and coordination, and 

14 workforce health protection. 

15 FEDERAL EMERGENCY MANAGEMENT AGENCY

16 SALARIES AND EXPENSES

17 For necessary expenses of the Federal Emergency 

18 Management Agency, $928,806,000, including activities 

19 authorized by the National Flood Insurance Act of 1968 

20 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster 

21 Relief and Emergency Assistance Act (42 U.S.C. 5121 et 

22 seq.), the Cerro Grande Fire Assistance Act of 2000 (divi23 sion C, title I, 114 Stat. 583), the Earthquake Hazards 

24 Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the De25 fense Production Act of 1950 (50 U.S.C. App. 2061 et 


emcdonald on DSK67QTVN1PROD with BILLS
246 

•S 2130 PCS

1 seq.), sections 107 and 303 of the National Security Act 

2 of 1947 (50 U.S.C. 404, 405), Reorganization Plan No. 

3 3 of 1978 (5 U.S.C. App.), the National Dam Safety Pro4 gram Act (33 U.S.C. 467 et seq.), the Homeland Security 

5 Act of 2002 (6 U.S.C. 101 et seq.), the Implementing Rec6 ommendations of the 9/11 Commission Act of 2007 (Pub7 lic Law 110–53), the Federal Fire Prevention and Control 

8 Act of 1974 (15 U.S.C. 2201 et seq.), the Post-Katrina 

9 Emergency Management Reform Act of 2006 (Public Law 

10 109–295; 120 Stat. 1394), the Biggert-Waters Flood In11 surance Reform Act of 2012 (Public Law 112–141, 126 

12 Stat. 916), and the Homeowner Flood Insurance Afford13 ability Act of 2014 (Public Law 113–89): Provided, That 

14 not to exceed $2,250 shall be for official reception and 

15 representation expenses: Provided further, That, of the 

16 total amount made available under this heading, 

17 $35,180,000 shall be for the Urban Search and Rescue 

18 Response System, of which none is available for Federal 

19 Emergency Management Agency administrative costs: 

20 Provided further, That, of the total amount made available 

21 under this heading, $27,500,000 shall remain available 

22 until September 30, 2017, for capital improvements and 

23 other expenses related to continuity of operations at the 

24 Mount Weather Emergency Operations Center: Provided 

25 further, That, of the total amount made available, 


emcdonald on DSK67QTVN1PROD with BILLS
247 

•S 2130 PCS

1 $3,422,000 shall be for the Office of National Capital Re2 gion Coordination: Provided further, That the Adminis3 trator of the Federal Emergency Management Agency, in 

4 consultation with the Department of Homeland Security 

5 Chief Information Officer, shall submit to the Committees 

6 on Appropriations of the Senate and the House of Rep7 resentatives an expenditure plan including results to date, 

8 plans for the program, and a list of projects with associ9 ated funding provided from prior appropriations and pro10 vided by this Act for automated systems. 

11 STATE AND LOCAL PROGRAMS

12 For grants, contracts, cooperative agreements, and 

13 other activities, $1,500,000,000, which shall be allocated 

14 as follows: 

15 (1) $467,000,000 shall be for the State Home16 land Security Grant Program under section 2004 of 

17 the Homeland Security Act of 2002 (6 U.S.C. 605), 

18 of which $55,000,000 shall be for Operation 

19 Stonegarden: Provided, That, notwithstanding sub20 section (c)(4) of such section 2004, for fiscal year 

21 2016, the Commonwealth of Puerto Rico shall make 

22 available to local and tribal governments amounts 

23 provided to the Commonwealth of Puerto Rico under 

24 this paragraph in accordance with subsection (c)(1) 

25 of such section 2004. 


emcdonald on DSK67QTVN1PROD with BILLS
248 

•S 2130 PCS

1 (2) $600,000,000 shall be for the Urban Area 

2 Security Initiative under section 2003 of the Home3 land Security Act of 2002 (6 U.S.C. 604), of which 

4 not less than $25,000,000 shall be for organizations 

5 (as described under section 501(c)(3) of the Internal 

6 Revenue Code of 1986 and exempt from tax under 

7 section 501(a) of such code) determined by the Sec8 retary of Homeland Security to be at high risk of a 

9 terrorist attack. 

10 (3) $100,000,000 shall be for Public Transpor11 tation Security Assistance, Railroad Security Assist12 ance, and Over-the-Road Bus Security Assistance 

13 under sections 1406, 1513, and 1532 of the Imple14 menting Recommendations of the 9/11 Commission 

15 Act of 2007 (Public Law 110–53; 6 U.S.C. 1135, 

16 1163, and 1182), of which not less than 

17 $10,000,000 shall be for Amtrak security: Provided, 

18 That such public transportation security assistance 

19 shall be provided directly to public transportation 

20 agencies. 

21 (4) $100,000,000 shall be for Port Security 

22 Grants in accordance with 46 U.S.C. 70107. 

23 (5) $233,000,000 shall be to sustain current 

24 operations for training, exercises, technical assist25 ance, and other programs, of which $162,991,000 


emcdonald on DSK67QTVN1PROD with BILLS
249 

•S 2130 PCS

1 shall be for training of State, local, and tribal emer2 gency response providers: 

3 Provided, That, for grants under paragraphs (1) through 

4 (4), applications for grants shall be made available to eligi5 ble applicants not later than 60 days after the date of en6 actment of this Act, that eligible applicants shall submit 

7 applications not later than 80 days after the grant an8 nouncement, and the Administrator of the Federal Emer9 gency Management Agency shall act within 65 days after 

10 the receipt of an application: Provided further, That, not11 withstanding section 2008(a)(11) of the Homeland Secu12 rity Act of 2002 (6 U.S.C. 609(a)(11)) or any other provi13 sion of law, a grantee may not use more than 5 percent 

14 of the amount of a grant made available under this head15 ing for expenses directly related to administration of the 

16 grant: Provided further, That for grants under paragraphs 

17 (1) and (2), the installation of communications towers is 

18 not considered construction of a building or other physical 

19 facility: Provided further, That grantees shall provide re20 ports on their use of funds, as determined necessary by 

21 the Secretary of Homeland Security: Provided further, 

22 That, notwithstanding section 509 of this Act, the Admin23 istrator of the Federal Emergency Management Agency 

24 may use the funds provided in paragraph (5) to acquire 

25 real property for the purpose of establishing or approVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00249 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
250 

•S 2130 PCS

1 priately extending the security buffer zones around Fed2 eral Emergency Management Agency training facilities. 

3 FIREFIGHTER ASSISTANCE GRANTS

4 For grants for programs authorized by the Federal 

5 Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 

6 et seq.), $680,000,000, to remain available until Sep7 tember 30, 2017, of which $340,000,000 shall be available 

8 to carry out section 33 of that Act (15 U.S.C. 2229) and 

9 $340,000,000 shall be available to carry out section 34 

10 of that Act (15 U.S.C. 2229a). 

11 EMERGENCY MANAGEMENT PERFORMANCE GRANTS

12 For emergency management performance grants, as 

13 authorized by the National Flood Insurance Act of 1968 

14 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster 

15 Relief and Emergency Assistance Act (42 U.S.C. 5121 et 

16 seq.), the Earthquake Hazards Reduction Act of 1977 (42 

17 U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 

18 1978 (5 U.S.C. App.), $350,000,000. 

19 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

20 The aggregate charges assessed during fiscal year 

21 2016, as authorized in title III of the Departments of Vet22 erans Affairs and Housing and Urban Development, and 

23 Independent Agencies Appropriations Act, 1999 (42 

24 U.S.C. 5196e), shall not be less than 100 percent of the 

25 amounts anticipated by the Department of Homeland SeVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00250 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
251 

•S 2130 PCS

1 curity necessary for its radiological emergency prepared2 ness program for the next fiscal year: Provided, That the 

3 methodology for assessment and collection of fees shall be 

4 fair and equitable and shall reflect costs of providing such 

5 services, including administrative costs of collecting such 

6 fees: Provided further, That fees received under this head7 ing shall be deposited in this account as offsetting collec8 tions and will become available for authorized purposes on 

9 October 1, 2016, and remain available until expended. 

10 UNITED STATES FIRE ADMINISTRATION

11 For necessary expenses of the United States Fire Ad12 ministration and for other purposes, as authorized by the 

13 Federal Fire Prevention and Control Act of 1974 (15 

14 U.S.C. 2201 et seq.) and the Homeland Security Act of 

15 2002 (6 U.S.C. 101 et seq.), $44,000,000. 

16 DISASTER RELIEF FUND

17 (INCLUDING TRANSFER OF FUNDS)

18 For necessary expenses in carrying out the Robert 

19 T. Stafford Disaster Relief and Emergency Assistance Act 

20 (42 U.S.C. 5121 et seq.), $7,374,693,000, to remain avail21 able until expended, of which $24,000,000 shall be trans22 ferred to the Department of Homeland Security Office of 

23 Inspector General for audits and investigations related to 

24 disasters: Provided, That the Administrator of the Federal 

25 Emergency Management Agency shall submit an expendiVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00251 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
252 

•S 2130 PCS

1 ture plan to the Committees on Appropriations of the Sen2 ate and the House of Representatives detailing the use of 

3 the funds made available in this or any other Act for dis4 aster readiness and support not later than 60 days after 

5 the date of enactment of this Act: Provided further, That 

6 the Administrator of the Federal Emergency Management 

7 Agency shall submit to such Committees a semiannual re8 port detailing obligations against the expenditure plan and 

9 a justification for any changes from the initial plan: Pro10 vided further, That the Administrator of the Federal 

11 Emergency Management Agency shall submit to the Com12 mittees on Appropriations of the Senate and the House 

13 of Representatives the following reports, including a spe14 cific description of the methodology and the source data 

15 used in developing such reports— 

16 (1) an estimate of the following amounts shall 

17 be submitted for the budget year at the time that 

18 the President’s budget proposal for fiscal year 2017 

19 is submitted pursuant to section 1105(a) of title 31, 

20 United States Code— 

21 (A) the unobligated balance of funds to be 

22 carried over from the prior fiscal year to the 

23 budget year; 


emcdonald on DSK67QTVN1PROD with BILLS
253 

•S 2130 PCS

1 (B) the unobligated balance of funds to be 

2 carried over from the budget year to the budget 

3 year plus 1; 

4 (C) the amount of obligations for non-cata5 strophic events for the budget year; 

6 (D) the amount of obligations for the 

7 budget year for catastrophic events delineated 

8 by event and by State; 

9 (E) the total amount that has been pre10 viously obligated or will be required for cata11 strophic events delineated by event and by State 

12 for all prior years, the current year, the budget 

13 year, the budget year plus 1, the budget year 

14 plus 2, and the budget year plus 3 and beyond; 

15 (F) the amount of previously obligated 

16 funds that will be recovered for the budget 

17 year; 

18 (G) the amount that will be required for 

19 obligations for emergencies, as described in sec20 tion 102(1) of the Robert T. Stafford Disaster 

21 Relief and Emergency Assistance Act (42 

22 U.S.C. 5122(1)), major disasters, as described 

23 in section 102(2) of the Robert T. Stafford Dis24 aster Relief and Emergency Assistance Act (42 

25 U.S.C. 5122(2)), fire management assistance 


emcdonald on DSK67QTVN1PROD with BILLS
254 

•S 2130 PCS

1 grants, as described in section 420 of the Rob2 ert T. Stafford Disaster Relief and Emergency 

3 Assistance Act (42 U.S.C. 5187), surge activi4 ties, and disaster readiness and support activi5 ties; and 

6 (H) the amount required for activities not 

7 covered under section 251(b)(2)(D)(iii) of the 

8 Balanced Budget and Emergency Deficit Con9 trol Act of 1985 (2 U.S.C. 901(b)(2)(D)(iii); 

10 Public Law 99–177); and 

11 (2) an estimate or actual amounts, if available, 

12 of the following for the current fiscal year shall be 

13 submitted not later than the fifth day of each month 

14 and shall be published by the Administrator on the 

15 Agency’s Web site not later than the fifth day of 

16 each month— 

17 (A) a summary of the amount of appro18 priations made available by source, the trans19 fers executed, the previously allocated funds re20 covered, and the commitments, allocations, and 

21 obligations made; 

22 (B) a table of disaster relief activity delin23 eated by month, including— 

24 (i) the beginning and ending balances; 


emcdonald on DSK67QTVN1PROD with BILLS
255 

•S 2130 PCS

1 (ii) the total obligations to include 

2 amounts obligated for fire assistance, 

3 emergencies, surge, and disaster support 

4 activities; 

5 (iii) the obligations for catastrophic 

6 events delineated by event and by State; 

7 and 

8 (iv) the amount of previously obli9 gated funds that are recovered; 

10 (C) a summary of allocations, obligations, 

11 and expenditures for catastrophic events delin12 eated by event; 

13 (D) in addition, for a disaster declaration 

14 related to Hurricane Sandy, the cost of the fol15 lowing categories of spending: public assistance, 

16 individual assistance, mitigation, administrative, 

17 operations, and any other relevant category (in18 cluding emergency measures and disaster re19 sources); and 

20 (E) the date on which funds appropriated 

21 will be exhausted: 

22 Provided further, That the Administrator shall publish on 

23 the Agency’s Web site not later than 5 days after an 

24 award of a public assistance grant under section 406 of 

25 the Robert T. Stafford Disaster Relief and Emergency AsVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00255 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
256 

•S 2130 PCS

1 sistance Act (42 U.S.C. 5172) the specifics of the grant 

2 award: Provided further, That, for any mission assignment 

3 or mission assignment task order to another Federal de4 partment or agency regarding a major disaster, not later 

5 than 5 days after the issuance of the mission assignment 

6 or task order, the Administrator shall publish on the 

7 Agency’s Web site the following: the name of the impacted 

8 State and the disaster declaration for such State, the as9 signed agency, the assistance requested, a description of 

10 the disaster, the total cost estimate, and the amount obli11 gated: Provided further, That, not later than 10 days after 

12 the last day of each month until the mission assignment 

13 or task order is completed and closed out, the Adminis14 trator shall update any changes to the total cost estimate 

15 and the amount obligated: Provided further, That, of the 

16 amount provided under this heading, $6,712,953,000 shall 

17 be for major disasters declared pursuant to the Robert T. 

18 Stafford Disaster Relief and Emergency Assistance Act 

19 (42 U.S.C. 5121 et seq.): Provided further, That the 

20 amount in the preceding proviso is designated by the Con21 gress as being for disaster relief pursuant to section 

22 251(b)(2)(D) of the Balanced Budget and Emergency 

23 Deficit Control Act of 1985. 


emcdonald on DSK67QTVN1PROD with BILLS
257 

•S 2130 PCS

1 FLOOD HAZARD MAPPING AND RISK ANALYSIS PROGRAM

2 For necessary expenses, including administrative 

3 costs, under section 1360 of the National Flood Insurance 

4 Act of 1968 (42 U.S.C. 4101), and under sections 

5 100215, 100216, 100226, 100230, and 100246 of the 

6 Biggert-Waters Flood Insurance Reform Act of 2012, 

7 (Public Law 112–141, 126 Stat. 916), $190,000,000, and 

8 such additional sums as may be provided by State and 

9 local governments or other political subdivisions for cost10 shared mapping activities under section 1360(f)(2) of such 

11 Act (42 U.S.C. 4101(f)(2)), to remain available until ex12 pended. 

13 NATIONAL FLOOD INSURANCE FUND

14 For activities under the National Flood Insurance 

15 Act of 1968 (42 U.S.C. 4001 et seq.), the Flood Disaster 

16 Protection Act of 1973 (42 U.S.C. 4001 et seq.), the 

17 Biggert-Waters Flood Insurance Reform Act of 2012 

18 (Public Law 112–141, 126 Stat. 916), and the Home19 owner Flood Insurance Affordability Act of 2014 (Public 

20 Law 113–89, 128 Stat. 1020): $181,198,000, which shall 

21 remain available until September 30, 2017, and shall be 

22 derived from offsetting amounts collected under section 

23 1308(d) of the National Flood Insurance Act of 1968 (42 

24 U.S.C. 4015(d)); of which $25,299,000 shall be available 

25 for salaries and expenses associated with flood manageVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00257 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
258 

•S 2130 PCS

1 ment and flood insurance operations and $155,899,000 

2 shall be available for flood plain management and flood 

3 mapping: Provided, That any additional fees collected pur4 suant to section 1308(d) of the National Flood Insurance 

5 Act of 1968 (42 U.S.C. 4015(d)) shall be credited as an 

6 offsetting collection to this account, to be available for 

7 flood plain management and flood mapping: Provided fur8 ther, That, in fiscal year 2016, no funds shall be available 

9 from the National Flood Insurance Fund under section 

10 1310 of that Act (42 U.S.C. 4017) in excess of— 

11 (1) $133,252,000 for operating expenses; 

12 (2) $1,123,000,000 for commissions and taxes 

13 of agents; 

14 (3) such sums as are necessary for interest on 

15 Treasury borrowings; and 

16 (4) $175,000,000 which shall remain available 

17 until expended, for flood mitigation actions and for 

18 flood mitigation assistance under section 1366 of the 

19 National Flood Insurance Act of 1968 (42 U.S.C. 

20 4104c), notwithstanding subsection (e) of section 

21 1366 of the National Flood Insurance Act of 1968 

22 (42 U.S.C. 4104c) and notwithstanding subsection 

23 (a)(7) of section 1310 of the National Flood Insur24 ance Act of 1968 (42 U.S.C. 4017): 


emcdonald on DSK67QTVN1PROD with BILLS
259 

•S 2130 PCS

1 Provided further, That the amounts collected under section 

2 102 of the Flood Disaster Protection Act of 1973 (42 

3 U.S.C. 4012a) and section 1366(e) of the National Flood 

4 Insurance Act of 1968 shall be deposited in the National 

5 Flood Insurance Fund to supplement other amounts speci6 fied as available for section 1366 of the National Flood 

7 Insurance Act of 1968, notwithstanding section 102(f)(8), 

8 section 1366(e), and paragraphs (1) through (3) of section 

9 1367(b) of such Act (42 U.S.C. 4012a(f)(8), 4104c(e), 

10 4104d(b)(1)–(3)): Provided further, That total administra11 tive costs shall not exceed 4 percent of the total appropria12 tion: Provided further, That up to $3,000,000 is available 

13 to carry out section 24 of the Homeowner Flood Insurance 

14 Act of 2014 (42 U.S.C. 4033). 

15 NATIONAL PREDISASTER MITIGATION FUND

16 For the predisaster mitigation grant program under 

17 section 203 of the Robert T. Stafford Disaster Relief and 

18 Emergency Assistance Act (42 U.S.C. 5133), 

19 $100,000,000, to remain available until expended. 

20 EMERGENCY FOOD AND SHELTER

21 To carry out the emergency food and shelter program 

22 pursuant to title III of the McKinney-Vento Homeless As23 sistance Act (42 U.S.C. 11331 et seq.), $100,000,000, to 

24 remain available until expended: Provided, That total ad25 ministrative costs shall not exceed 3.5 percent of the total 


emcdonald on DSK67QTVN1PROD with BILLS
260 

•S 2130 PCS

1 amount made available under this heading: Provided fur2 ther, That the Administrator of the Federal Emergency 

3 Management Agency shall transfer funds appropriated 

4 under this heading to ‘‘Department of Housing and Urban 

5 Development, Homeless Assistance Grants’’: Provided fur6 ther, That, when funds are transferred pursuant to the 

7 previous proviso, notwithstanding the references to the 

8 Administrator in 42 U.S.C. 11331 through 11335 and 

9 11341, the Secretary of Housing and Urban Development 

10 shall carry out the functions of the Administrator with re11 spect to the Emergency Food and Shelter Program, in12 cluding with respect to the National Board: Provided fur13 ther, That the Federal Emergency Management Agency 

14 and the Department of Housing and Urban Development 

15 shall execute an Interagency Agreement within 60 days 

16 of the date of enactment of this Act detailing how the pro17 gram will be transitioned and ensuring that the program 

18 structure continues consistent with current law: Provided 

19 further, That the President’s budget for fiscal year 2017 

20 submitted pursuant to section 1105(a) of title 31, United 

21 States Code, shall include language effectuating the trans22 fer: Provided further, That the Administrator shall be ac23 countable for any amounts obligated from the ‘‘Federal 

24 Emergency Management Agency, Emergency Food and 

25 Shelter’’ 70 × 0707 account prior to the date of enactment 


emcdonald on DSK67QTVN1PROD with BILLS
261 

•S 2130 PCS

1 of this Act until such time as all funds have been expended 

2 and all recoveries have been transferred to ‘‘Department 

3 of Housing and Urban Development, Homeless Assistance 

4 Grants’’. 

5 TITLE IV 

6 RESEARCH, DEVELOPMENT, TRAINING, AND 

7 SERVICES 

8 UNITED STATES CITIZENSHIP AND IMMIGRATION

9 SERVICES

10 For necessary expenses for citizenship and immigra11 tion services, $119,671,000 for the E-Verify Program, as 

12 described in section 403(a) of the Illegal Immigration Re13 form and Immigrant Responsibility Act of 1996 (8 U.S.C. 

14 1324a note), to assist United States employers with main15 taining a legal workforce: Provided, That, notwithstanding 

16 any other provision of law, funds otherwise made available 

17 to United States Citizenship and Immigration Services 

18 may be used to acquire, operate, equip, and dispose of up 

19 to 5 vehicles, for replacement only, for areas where the 

20 Administrator of General Services does not provide vehi21 cles for lease: Provided further, That the Director of 

22 United States Citizenship and Immigration Services may 

23 authorize employees who are assigned to those areas to 

24 use such vehicles to travel between the employees’ resi25 dences and places of employment. 


emcdonald on DSK67QTVN1PROD with BILLS
262 

•S 2130 PCS

1 FEDERAL LAW ENFORCEMENT TRAINING CENTER

2 SALARIES AND EXPENSES

3 For necessary expenses of the Federal Law Enforce4 ment Training Center, including materials and support 

5 costs of Federal law enforcement basic training; the pur6 chase of not to exceed 117 vehicles for police-type use and 

7 hire of passenger motor vehicles; expenses for student ath8 letic and related activities; the conduct of and participa9 tion in firearms matches and presentation of awards; pub10 lic awareness and enhancement of community support of 

11 law enforcement training; room and board for student in12 terns; a flat monthly reimbursement to employees author13 ized to use personal mobile phones for official duties; and 

14 services as authorized by section 3109 of title 5, United 

15 States Code; $219,443,000; of which up to $59,908,000 

16 shall remain available until September 30, 2017, for mate17 rials and support costs of Federal law enforcement basic 

18 training; of which $300,000 shall remain available until 

19 expended to be distributed to Federal law enforcement 

20 agencies for expenses incurred participating in training ac21 creditation; and of which not to exceed $7,180 shall be 

22 for official reception and representation expenses: Pro23 vided, That the Center is authorized to obligate funds in 

24 anticipation of reimbursements from agencies receiving 

25 training sponsored by the Center, except that total obligaVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00262 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
263 

•S 2130 PCS

1 tions at the end of the fiscal year shall not exceed total 

2 budgetary resources available at the end of the fiscal year: 

3 Provided further, That section 1202(a) of Public Law 

4 107–206 (42 U.S.C. 3771 note), as amended under this 

5 heading in division F of Public Law 113–76, is further 

6 amended by striking ‘‘December 31, 2017’’ and inserting 

7 ‘‘December 31, 2018’’: Provided further, That the Director 

8 of the Federal Law Enforcement Training Center shall 

9 schedule basic or advanced law enforcement training, or 

10 both, at all four training facilities under the control of the 

11 Federal Law Enforcement Training Center to ensure that 

12 such training facilities are operated at the highest capacity 

13 throughout the fiscal year: Provided further, That the Fed14 eral Law Enforcement Training Accreditation Board, in15 cluding representatives from the Federal law enforcement 

16 community and non-Federal accreditation experts involved 

17 in law enforcement training, shall lead the Federal law 

18 enforcement training accreditation process to continue the 

19 implementation of measuring and assessing the quality 

20 and effectiveness of Federal law enforcement training pro21 grams, facilities, and instructors. 

22 ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND

23 RELATED EXPENSES

24 For acquisition of necessary additional real property 

25 and facilities, construction, and ongoing maintenance, faVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00263 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
264 

•S 2130 PCS

1 cility improvements, and related expenses of the Federal 

2 Law Enforcement Training Center, $26,453,000, to re3 main available until September 30, 2020: Provided, That 

4 the Center is authorized to accept reimbursement to this 

5 appropriation from government agencies requesting the 

6 construction of special use facilities. 

7 SCIENCE AND TECHNOLOGY

8 MANAGEMENT AND ADMINISTRATION

9 For salaries and expenses of the Office of the Under 

10 Secretary for Science and Technology and for manage11 ment and administration of programs and activities, as 

12 authorized by title III of the Homeland Security Act of 

13 2002 (6 U.S.C. 181 et seq.), $130,431,000: Provided, 

14 That not to exceed $7,650 shall be for official reception 

15 and representation expenses. 

16 RESEARCH, DEVELOPMENT, ACQUISITION, AND

17 OPERATIONS

18 For necessary expenses for science and technology re19 search, including advanced research projects, development, 

20 test and evaluation, acquisition, and operations as author21 ized by title III of the Homeland Security Act of 2002 

22 (6 U.S.C. 181 et seq.), and the purchase or lease of not 

23 to exceed 5 vehicles, $634,435,000 shall remain available 

24 until September 30, 2018. 


emcdonald on DSK67QTVN1PROD with BILLS
265 

•S 2130 PCS

1 DOMESTIC NUCLEAR DETECTION OFFICE

2 MANAGEMENT AND ADMINISTRATION

3 For salaries and expenses of the Domestic Nuclear 

4 Detection Office, as authorized by title XIX of the Home5 land Security Act of 2002 (6 U.S.C. 591 et seq.), for man6 agement and administration of programs and activities, 

7 $37,518,000: Provided, That not to exceed $2,250 shall 

8 be for official reception and representation expenses. 

9 RESEARCH, DEVELOPMENT, AND OPERATIONS

10 For necessary expenses for radiological and nuclear 

11 research, development, testing, evaluation, and operations, 

12 $196,000,000, to remain available until September 30, 

13 2018. 

14 SYSTEMS ACQUISITION

15 For necessary expenses for the Domestic Nuclear De16 tection Office acquisition and deployment of radiological 

17 detection systems in accordance with the global nuclear 

18 detection architecture, $86,745,000, to remain available 

19 until September 30, 2018. 

20 TITLE V 

21 GENERAL PROVISIONS 

22 (INCLUDING RESCISSIONS OF FUNDS)

23 SEC. 501. No part of any appropriation contained in 

24 this Act shall remain available for obligation beyond the 

25 current fiscal year unless expressly so provided herein. 


emcdonald on DSK67QTVN1PROD with BILLS
266 

•S 2130 PCS

1 SEC. 502. Subject to the requirements of section 503 

2 of this Act, the unexpended balances of prior appropria3 tions provided for activities in this Act may be transferred 

4 to appropriation accounts for such activities established 

5 pursuant to this Act, may be merged with funds in the 

6 applicable established accounts, and thereafter may be ac7 counted for as one fund for the same time period as origi8 nally enacted. 

9 SEC. 503. (a) None of the funds provided by this Act, 

10 provided by previous appropriations Acts to the agencies 

11 in or transferred to the Department of Homeland Security 

12 that remain available for obligation or expenditure in fiscal 

13 year 2016, or provided from any accounts in the Treasury 

14 of the United States derived by the collection of fees avail15 able to the agencies funded by this Act, shall be available 

16 for obligation or expenditure through a reprogramming of 

17 funds that— 

18 (1) creates a new program, project, or activity; 

19 (2) eliminates a program, project, office, or ac20 tivity; 

21 (3) increases funds for any program, project, or 

22 activity for which funds have been denied or re23 stricted by the Congress; 

24 (4) proposes to use funds directed for a specific 

25 activity by either of the Committees on AppropriaVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00266 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
267 

•S 2130 PCS

1 tions of the Senate or the House of Representatives 

2 for a different purpose; or 

3 (5) contracts out any function or activity for 

4 which funding levels were requested for Federal full5 time equivalents in the object classification tables 

6 contained in the fiscal year 2016 Budget Appendix 

7 for the Department of Homeland Security, as modi8 fied by the report accompanying this Act, unless the 

9 Committees on Appropriations of the Senate and the 

10 House of Representatives are notified 15 days in ad11 vance of such reprogramming of funds. 

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

13 by previous appropriations Acts to the agencies in or 

14 transferred to the Department of Homeland Security that 

15 remain available for obligation or expenditure in fiscal 

16 year 2016, or provided from any accounts in the Treasury 

17 of the United States derived by the collection of fees or 

18 proceeds available to the agencies funded by this Act, shall 

19 be available for obligation or expenditure for programs, 

20 projects, or activities through a reprogramming of funds 

21 in excess of $5,000,000 or 10 percent, whichever is less, 

22 that— 

23 (1) augments existing programs, projects, or ac24 tivities; 


emcdonald on DSK67QTVN1PROD with BILLS
268 

•S 2130 PCS

1 (2) reduces by 10 percent funding for any exist2 ing program, project, or activity; 

3 (3) reduces by 10 percent the numbers of per4 sonnel approved by the Congress; or 

5 (4) results from any general savings from a re6 duction in personnel that would result in a change 

7 in existing programs, projects, or activities as ap8 proved by the Congress, unless the Committees on 

9 Appropriations of the Senate and the House of Rep10 resentatives are notified 15 days in advance of such 

11 reprogramming of funds. 

12 (c) Not to exceed 5 percent of any appropriation 

13 made available for the current fiscal year for the Depart14 ment of Homeland Security by this Act or provided by 

15 previous appropriations Acts may be transferred between 

16 such appropriations, but no such appropriation, except as 

17 otherwise specifically provided, shall be increased by more 

18 than 10 percent by such transfers: Provided, That any 

19 transfer under this section shall be treated as a re20 programming of funds under subsection (b) and shall not 

21 be available for obligation unless the Committees on Ap22 propriations of the Senate and the House of Representa23 tives are notified 15 days in advance of such transfer. 

24 (d) Notwithstanding subsections (a), (b), and (c) of 

25 this section, no funds shall be reprogrammed within or 


emcdonald on DSK67QTVN1PROD with BILLS
269 

•S 2130 PCS

1 transferred between appropriations based upon an initial 

2 notification provided after June 30, except in extraor3 dinary circumstances that imminently threaten the safety 

4 of human life or the protection of property. 

5 (e) The notification thresholds and procedures set 

6 forth in this section shall apply to any use of deobligated 

7 balances of funds provided in previous Department of 

8 Homeland Security Appropriations Acts. 

9 SEC. 504. The Department of Homeland Security 

10 Working Capital Fund, established pursuant to section 

11 403 of Public Law 103–356 (31 U.S.C. 501 note), shall 

12 continue operations as a permanent working capital fund 

13 for fiscal year 2016: Provided, That none of the funds ap14 propriated or otherwise made available to the Department 

15 of Homeland Security may be used to make payments to 

16 the Working Capital Fund, except for the activities and 

17 amounts allowed in the President’s fiscal year 2016 budg18 et: Provided further, That funds provided to the Working 

19 Capital Fund shall be available for obligation until ex20 pended to carry out the purposes of the Working Capital 

21 Fund: Provided further, That all departmental components 

22 shall be charged only for direct usage of each Working 

23 Capital Fund service: Provided further, That funds pro24 vided to the Working Capital Fund shall be used only for 

25 purposes consistent with the contributing component: ProVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00269 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
270 

•S 2130 PCS

1 vided further, That the Working Capital Fund shall be 

2 paid in advance or reimbursed at rates which will return 

3 the full cost of each service: Provided further, That the 

4 Committees on Appropriations of the Senate and House 

5 of Representatives shall be notified of any activity added 

6 to or removed from the fund: Provided further, That the 

7 Chief Financial Officer of the Department of Homeland 

8 Security shall submit a quarterly execution report with ac9 tivity level detail, not later than 30 days after the end of 

10 each quarter. 

11 SEC. 505. Except as otherwise specifically provided 

12 by law, not to exceed 50 percent of unobligated balances 

13 remaining available at the end of fiscal year 2016, as re14 corded in the financial records at the time of a reprogram15 ming request, but not later than June 30, 2016, from ap16 propriations for salaries and expenses for fiscal year 2016 

17 in this Act shall remain available through September 30, 

18 2017, in the account and for the purposes for which the 

19 appropriations were provided: Provided, That, prior to the 

20 obligation of such funds, a request shall be submitted to 

21 the Committees on Appropriations of the Senate and the 

22 House of Representatives for approval in accordance with 

23 section 503 of this Act. 

24 SEC. 506. Funds made available by this Act for intel25 ligence activities are deemed to be specifically authorized 


emcdonald on DSK67QTVN1PROD with BILLS
271 

•S 2130 PCS

1 by the Congress for purposes of section 504 of the Na2 tional Security Act of 1947 (50 U.S.C. 414) during fiscal 

3 year 2016 until the enactment of an Act authorizing intel4 ligence activities for fiscal year 2016. 

5 SEC. 507. (a) Except as provided in subsections (b) 

6 and (c), none of the funds made available by this Act may 

7 be used to— 

8 (1) make or award a grant allocation, grant, 

9 contract, other transaction agreement, or task or de10 livery order on a Department of Homeland Security 

11 multiple award contract, or to issue a letter of intent 

12 totaling in excess of $1,000,000; 

13 (2) award a task or delivery order requiring an 

14 obligation of funds in an amount greater than 

15 $10,000,000 from multi-year Department of Home16 land Security funds; or 

17 (3) announce publicly the intention to make or 

18 award items under paragraph (1), (2), or (3) includ19 ing a contract covered by the Federal Acquisition 

20 Regulation. 

21 (b) The Secretary of Homeland Security may waive 

22 the prohibition under subsection (a) if the Secretary noti23 fies the Committees on Appropriations of the Senate and 

24 the House of Representatives at least 3 full business days 


emcdonald on DSK67QTVN1PROD with BILLS
272 

•S 2130 PCS

1 in advance of making an award or issuing a letter as de2 scribed in that subsection. 

3 (c) If the Secretary of Homeland Security determines 

4 that compliance with this section would pose a substantial 

5 risk to human life, health, or safety, an award may be 

6 made without notification, and the Secretary shall notify 

7 the Committees on Appropriations of the Senate and the 

8 House of Representatives not later than 5 full business 

9 days after such an award is made or letter issued. 

10 (d) A notification under this section— 

11 (1) may not involve funds that are not available 

12 for obligation; and 

13 (2) shall include the amount of the award; the 

14 fiscal year for which the funds for the award were 

15 appropriated; the type of contract; and the account 

16 from which the funds are being drawn. 

17 (e) The Administrator of the Federal Emergency 

18 Management Agency shall brief the Committees on Appro19 priations of the Senate and the House of Representatives 

20 5 full business days in advance of announcing publicly the 

21 intention of making an award under ‘‘State and Local 

22 Programs’’. 

23 SEC. 508. Notwithstanding any other provision of 

24 law, no agency shall purchase, construct, or lease any ad25 ditional facilities, except within or contiguous to existing 


emcdonald on DSK67QTVN1PROD with BILLS
273 

•S 2130 PCS

1 locations, to be used for the purpose of conducting Federal 

2 law enforcement training without advance notification to 

3 the Committees on Appropriations of the Senate and the 

4 House of Representatives, except that the Federal Law 

5 Enforcement Training Center is authorized to obtain the 

6 temporary use of additional facilities by lease, contract, 

7 or other agreement for training that cannot be accommo8 dated in existing Center facilities. 

9 SEC. 509. None of the funds appropriated or other10 wise made available by this Act may be used for expenses 

11 for any construction, repair, alteration, or acquisition 

12 project for which a prospectus otherwise required under 

13 chapter 33 of title 40, United States Code, has not been 

14 approved, except that necessary funds may be expended 

15 for each project for required expenses for the development 

16 of a proposed prospectus. 

17 SEC. 510. (a) Sections 520, 522, and 530 of the De18 partment of Homeland Security Appropriations Act, 2008 

19 (division E of Public Law 110–161; 121 Stat. 2073 and 

20 2074) shall apply with respect to funds made available in 

21 this Act in the same manner as such sections applied to 

22 funds made available in that Act. 

23 (b) The third proviso of section 537 of the Depart24 ment of Homeland Security Appropriations Act, 2006 (6 


emcdonald on DSK67QTVN1PROD with BILLS
274 

•S 2130 PCS

1 U.S.C. 114), shall hereafter not apply with respect to 

2 funds made available in this or any other Act. 

3 SEC. 511. None of the funds made available in this 

4 Act may be used in contravention of the applicable provi5 sions of the Buy American Act. For purposes of the pre6 ceding sentence, the term ‘‘Buy American Act’’ means 

7 chapter 83 of title 41, United States Code. 

8 SEC. 512. None of the funds made available in this 

9 Act may be used to amend the oath of allegiance required 

10 by section 337 of the Immigration and Nationality Act 

11 (8 U.S.C. 1448). 

12 SEC. 513. Not later than 30 days after the last day 

13 of each month, the Chief Financial Officer of the Depart14 ment of Homeland Security shall submit to the Commit15 tees on Appropriations of the Senate and the House of 

16 Representatives a monthly budget and staffing report for 

17 that month that includes total obligations of the Depart18 ment for that month for the fiscal year at the appropria19 tion and program, project, and activity levels, by the 

20 source year of the appropriation: Provided, That total obli21 gations for staffing shall also be provided by subcategory 

22 of on-board and funded full-time equivalent staffing levels, 

23 respectively: Provided further, That the report shall specify 

24 the number of, and total obligations for, contract employ25 ees for each office of the Department. 


emcdonald on DSK67QTVN1PROD with BILLS
275 

•S 2130 PCS

1 SEC. 514. Except as provided in section 44945 of title 

2 49, United States Code, funds appropriated or transferred 

3 to Transportation Security Administration ‘‘Aviation Se4 curity’’, ‘‘Administration’’, and ‘‘Transportation Security 

5 Support’’ for fiscal years 2004 and 2005 that are recov6 ered or deobligated shall be available only for the procure7 ment or installation of explosives detection systems, air 

8 cargo, baggage, and checkpoint screening systems, subject 

9 to notification: Provided, That semiannual reports shall be 

10 submitted to the Committees on Appropriations of the 

11 Senate and the House of Representatives on any funds 

12 that are recovered or deobligated. 

13 SEC. 515. None of the funds appropriated by this Act 

14 may be used to process or approve a competition under 

15 Office of Management and Budget Circular A–76 for serv16 ices provided by employees (including employees serving 

17 on a temporary or term basis) of United States Citizen18 ship and Immigration Services of the Department of 

19 Homeland Security who are known as Immigration Infor20 mation Officers, Immigration Service Analysts, Contact 

21 Representatives, Investigative Assistants, or Immigration 

22 Services Officers. 

23 SEC. 516. Any funds appropriated to ‘‘Coast Guard, 

24 Acquisition, Construction, and Improvements’’ for fiscal 

25 years 2002, 2003, 2004, 2005, and 2006 for the 110– 


emcdonald on DSK67QTVN1PROD with BILLS
276 

•S 2130 PCS

1 123 foot patrol boat conversion that are recovered, col2 lected, or otherwise received as the result of negotiation, 

3 mediation, or litigation, shall be available until expended 

4 for the Fast Response Cutter program. 

5 SEC. 517. The functions of the Federal Law Enforce6 ment Training Center instructor staff shall be classified 

7 as inherently governmental for the purpose of the Federal 

8 Activities Inventory Reform Act of 1998 (31 U.S.C. 501 

9 note). 

10 SEC. 518. (a) The Secretary of Homeland Security 

11 shall submit a report not later than October 15, 2016, 

12 to the Inspector General of the Department of Homeland 

13 Security listing all grants and contracts awarded by any 

14 means other than full and open competition during fiscal 

15 year 2016. 

16 (b) The Inspector General shall review the report re17 quired by subsection (a) to assess Departmental compli18 ance with applicable laws and regulations and report the 

19 results of that review to the Committees on Appropriations 

20 of the Senate and the House of Representatives not later 

21 than February 15, 2017. 

22 SEC. 519. None of the funds made available in this 

23 Act may be used by United States Citizenship and Immi24 gration Services to grant an immigration benefit unless 

25 the results of background checks required by law to be 


emcdonald on DSK67QTVN1PROD with BILLS
277 

•S 2130 PCS

1 completed prior to the granting of the benefit have been 

2 received by United States Citizenship and Immigration 

3 Services, and the results do not preclude the granting of 

4 the benefit. 

5 SEC. 520. Section 831 of the Homeland Security Act 

6 of 2002 (6 U.S.C. 391) is amended— 

7 (1) in subsection (a), by striking ‘‘Until Sep8 tember 30, 2015,’’ and inserting ‘‘Until September 

9 30, 2016,’’; and 

10 (2) in subsection (c)(1), by striking ‘‘September 

11 30, 2015,’’ and inserting ‘‘September 30, 2016,’’. 

12 SEC. 521. The Secretary of Homeland Security shall 

13 require that all contracts of the Department of Homeland 

14 Security that provide award fees link such fees to success15 ful acquisition outcomes (which outcomes shall be speci16 fied in terms of cost, schedule, and performance). 

17 SEC. 522. Notwithstanding any other provision of 

18 law, none of the funds provided in this or any other Act 

19 shall be used to approve a waiver of the navigation and 

20 vessel-inspection laws pursuant to 46 U.S.C. 501(b) for 

21 the transportation of crude oil distributed from the Stra22 tegic Petroleum Reserve until the Secretary of Homeland 

23 Security, after consultation with the Secretaries of the De24 partments of Energy and Transportation and representa25 tives from the United States flag maritime industry, takes 


emcdonald on DSK67QTVN1PROD with BILLS
278 

•S 2130 PCS

1 adequate measures to ensure the use of United States flag 

2 vessels: Provided, That the Secretary shall notify the Com3 mittees on Appropriations of the Senate and the House 

4 of Representatives, the Committee on Commerce, Science, 

5 and Transportation of the Senate, and the Committee on 

6 Transportation and Infrastructure of the House of Rep7 resentatives within 2 business days of any request for 

8 waivers of navigation and vessel-inspection laws pursuant 

9 to 46 U.S.C. 501(b). 

10 SEC. 523. None of the funds made available in this 

11 Act for U.S. Customs and Border Protection may be used 

12 to prevent an individual not in the business of importing 

13 a prescription drug (within the meaning of section 801(g) 

14 of the Federal Food, Drug, and Cosmetic Act) from im15 porting a prescription drug from Canada that complies 

16 with the Federal Food, Drug, and Cosmetic Act: Provided, 

17 That this section shall apply only to individuals trans18 porting on their person a personal-use quantity of the pre19 scription drug, not to exceed a 90-day supply: Provided 

20 further, That the prescription drug may not be— 

21 (1) a controlled substance, as defined in section 

22 102 of the Controlled Substances Act (21 U.S.C. 

23 802); or 


emcdonald on DSK67QTVN1PROD with BILLS
279 

•S 2130 PCS

1 (2) a biological product, as defined in section 

2 351 of the Public Health Service Act (42 U.S.C. 

3 262). 

4 SEC. 524. None of the funds in this Act shall be used 

5 to reduce the United States Coast Guard’s Operations 

6 Systems Center mission or its government-employed or 

7 contract staff levels. 

8 SEC. 525. The Secretary of Homeland Security, in 

9 consultation with the Secretary of the Treasury, shall no10 tify the Committees on Appropriations of the Senate and 

11 the House of Representatives of any proposed transfers 

12 of funds available under section 9703.1(g)(4)(B) of title 

13 31, United States Code (as added by Public Law 102– 

14 393) from the Department of the Treasury Forfeiture 

15 Fund to any agency within the Department of Homeland 

16 Security: Provided, That none of the funds identified for 

17 such a transfer may be obligated until the Committees on 

18 Appropriations of the Senate and the House of Represent19 atives approve the proposed transfers. 

20 SEC. 526. None of the funds made available in this 

21 Act may be used for planning, testing, piloting, or devel22 oping a national identification card. 

23 SEC. 527. None of the funds appropriated by this Act 

24 may be used to conduct, or to implement the results of, 

25 a competition under Office of Management and Budget 


emcdonald on DSK67QTVN1PROD with BILLS
280 

•S 2130 PCS

1 Circular A–76 for activities performed with respect to the 

2 Coast Guard National Vessel Documentation Center. 

3 SEC. 528. (a) Notwithstanding any other provision 

4 of this Act, except as provided in subsection (b), and 30 

5 days after the date on which the President determines 

6 whether to declare a major disaster because of an event 

7 and any appeal is completed, the Administrator shall pub8 lish on the Web site of the Federal Emergency Manage9 ment Agency a report regarding that decision that shall 

10 summarize damage assessment information used to deter11 mine whether to declare a major disaster. 

12 (b) The Administrator may redact from a report 

13 under subsection (a) any data that the Administrator de14 termines would compromise national security. 

15 (c) In this section— 

16 (1) the term ‘‘Administrator’’ means the Ad17 ministrator of the Federal Emergency Management 

18 Agency; and 

19 (2) the term ‘‘major disaster’’ has the meaning 

20 given that term in section 102 of the Robert T. 

21 Stafford Disaster Relief and Emergency Assistance 

22 Act (42 U.S.C. 5122). 

23 SEC. 529. Any official that is required by this Act 

24 to report or to certify to the Committees on Appropria25 tions of the Senate and the House of Representatives may 


emcdonald on DSK67QTVN1PROD with BILLS
281 

•S 2130 PCS

1 not delegate such authority to perform that act unless spe2 cifically authorized herein. 

3 SEC. 530. None of the funds appropriated or other4 wise made available in this or any other Act may be used 

5 to transfer, release, or assist in the transfer or release to 

6 or within the United States, its territories, or possessions 

7 Khalid Sheikh Mohammed or any other detainee who— 

8 (1) is not a United States citizen or a member 

9 of the Armed Forces of the United States; and 

10 (2) is or was held on or after June 24, 2009, 

11 at the United States Naval Station, Guanta ́namo 

12 Bay, Cuba, by the Department of Defense. 

13 SEC. 531. None of the funds made available in this 

14 Act may be used for first-class travel by the employees 

15 of agencies funded by this Act in contravention of sections 

16 301–10.122 through 301–10.124 of title 41, Code of Fed17 eral Regulations. 

18 SEC. 532. None of the funds made available in this 

19 Act may be used to employ workers described in section 

20 274A(h)(3) of the Immigration and Nationality Act (8 

21 U.S.C. 1324a(h)(3)). 

22 SEC. 533. Funds made available in this Act may be 

23 used to alter operations within the Civil Engineering Pro24 gram of the Coast Guard nationwide, including civil engi25 neering units, facilities design and construction centers, 


emcdonald on DSK67QTVN1PROD with BILLS
282 

•S 2130 PCS

1 maintenance and logistics commands, and the Coast 

2 Guard Academy, except that none of the funds provided 

3 in this Act may be used to reduce operations within any 

4 Civil Engineering Unit unless specifically authorized by a 

5 statute enacted after the date of enactment of this Act. 

6 SEC. 534. Notwithstanding any other provision of 

7 this Act, none of the funds appropriated or otherwise 

8 made available by this Act may be used to pay award or 

9 incentive fees for contractor performance that has been 

10 judged to be below satisfactory performance or perform11 ance that does not meet the basic requirements of a con12 tract. 

13 SEC. 535. In developing any process to screen avia14 tion passengers and crews for transportation or national 

15 security purposes, the Secretary of Homeland Security 

16 shall ensure that all such processes take into consideration 

17 such passengers’ and crews’ privacy and civil liberties con18 sistent with applicable laws, regulations, and guidance. 

19 SEC. 536. (a) Notwithstanding section 1356(n) of 

20 title 8, United States Code, of the funds deposited into 

21 the Immigration Examinations Fee Account, up to 

22 $10,000,000 may be allocated by United States Citizen23 ship and Immigration Services in fiscal year 2016 for the 

24 purpose of providing an immigrant integration grants pro25 gram. 


emcdonald on DSK67QTVN1PROD with BILLS
283 

•S 2130 PCS

1 (b) None of the funds made available to United 

2 States Citizenship and Immigration Services for grants for 

3 immigrant integration may be used to provide services to 

4 aliens who have not been lawfully admitted for permanent 

5 residence. 

6 SEC. 537. For an additional amount for the ‘‘Office 

7 of the Under Secretary for Management’’, $212,303,000, 

8 to remain available until expended, for necessary expenses 

9 to plan, acquire, design, construct, renovate, remediate, 

10 equip, furnish, improve infrastructure, and occupy build11 ings and facilities for the department headquarters con12 solidation project and associated mission support consoli13 dation: Provided, That the Committees on Appropriations 

14 of the Senate and the House of Representatives shall re15 ceive an expenditure plan not later than 90 days after the 

16 date of enactment of the Act detailing the allocation of 

17 these funds. 

18 SEC. 538. None of the funds appropriated or other19 wise made available by this Act may be used by the De20 partment of Homeland Security to enter into any Federal 

21 contract unless such contract is entered into in accordance 

22 with the requirements of subtitle I of title 41, United 

23 States Code or chapter 137 of title 10, United States 

24 Code, and the Federal Acquisition Regulation, unless such 


emcdonald on DSK67QTVN1PROD with BILLS
284 

•S 2130 PCS

1 contract is otherwise authorized by statute to be entered 

2 into without regard to the above referenced statutes. 

3 SEC. 539. (a) For an additional amount for financial 

4 systems modernization, $36,113,000 to remain available 

5 until September 30, 2017. 

6 (b) Funds made available in subsection (a) for finan7 cial systems modernization may be transferred by the Sec8 retary of Homeland Security between appropriations for 

9 the same purpose, notwithstanding section 503 of this Act. 

10 (c) No transfer described in subsection (b) shall occur 

11 until 15 days after the Committees on Appropriations of 

12 the Senate and the House of Representatives are notified 

13 of such transfer. 

14 SEC. 540. Notwithstanding the 10 percent limitation 

15 contained in section 503(c) of this Act, the Secretary of 

16 Homeland Security may transfer to the fund established 

17 by 8 U.S.C. 1101 note, up to $20,000,000 from appro18 priations available to the Department of Homeland Secu19 rity: Provided, That the Secretary shall notify the Com20 mittees on Appropriations of the Senate and the House 

21 of Representatives 5 days in advance of such transfer. 

22 SEC. 541. The Commissioner of U.S. Customs and 

23 Border Protection and the Assistant Secretary of Home24 land Security for U.S. Immigration and Customs Enforce25 ment shall, with respect to fiscal years 2016, 2017, 2018, 


emcdonald on DSK67QTVN1PROD with BILLS
285 

•S 2130 PCS

1 and 2019, submit to the Committees on Appropriations 

2 of the Senate and the House of Representatives, at the 

3 time that the President’s budget proposal for fiscal year 

4 2017 is submitted pursuant to the requirements of section 

5 1105(a) of title 31, United States Code, the information 

6 required in the multi-year investment and management 

7 plans required, respectively, under the heading ‘‘U.S. Cus8 toms and Border Protection, Salaries and Expenses’’ 

9 under title II of division D of the Consolidated Appropria10 tions Act, 2012 (Public Law 112–74); under the heading 

11 ‘‘U.S. Customs and Border Protection, Border Security 

12 Fencing, Infrastructure, and Technology’’ under such 

13 title; and by section 568 of such Act. 

14 SEC. 542. The Secretary of Homeland Security shall 

15 ensure enforcement of all immigration laws (as defined in 

16 section 101(a)(17) of the Immigration and Nationality Act 

17 (8 U.S.C. 1101(a)(17))). 

18 SEC. 543. (a) None of the funds made available in 

19 this Act may be used to maintain or establish a computer 

20 network unless such network blocks the viewing, 

21 downloading, and exchanging of pornography. 

22 (b) Nothing in subsection (a) shall limit the use of 

23 funds necessary for any Federal, State, tribal, or local law 

24 enforcement agency or any other entity carrying out crimi25 nal investigations, prosecution, or adjudication activities. 


emcdonald on DSK67QTVN1PROD with BILLS
286 

•S 2130 PCS

1 SEC. 544. None of the funds made available in this 

2 Act may be used by a Federal law enforcement officer to 

3 facilitate the transfer of an operable firearm to an indi4 vidual if the Federal law enforcement officer knows or sus5 pects that the individual is an agent of a drug cartel unless 

6 law enforcement personnel of the United States continu7 ously monitor or control the firearm at all times. 

8 SEC. 545. None of the funds provided in this or any 

9 other Act may be obligated to implement the National Pre10 paredness Grant Program or any other successor grant 

11 programs unless explicitly authorized by Congress. 

12 SEC. 546. None of the funds made available in this 

13 Act may be used to provide funding for the position of 

14 Public Advocate, or a successor position, within U.S. Im15 migration and Customs Enforcement. 

16 SEC. 547. Section 559(e)(3)(D) of Public Law 113– 

17 76 is amended by striking ‘‘five pilots per year’’ and in18 serting ‘‘10 pilots per year’’. 

19 SEC. 548. None of the funds made available in this 

20 Act may be used to pay for the travel to or attendance 

21 of more than 50 employees of a single component of the 

22 Department of Homeland Security, who are stationed in 

23 the United States, at a single international conference un24 less the Secretary of Homeland Security, or a designee, 

25 determines that such attendance is in the national interest 


emcdonald on DSK67QTVN1PROD with BILLS
287 

•S 2130 PCS

1 and notifies the Committees on Appropriations of the Sen2 ate and the House of Representatives within at least 10 

3 days of that determination and the basis for that deter4 mination: Provided, That for purposes of this section the 

5 term ‘‘international conference’’ shall mean a conference 

6 occurring outside of the United States attended by rep7 resentatives of the United States Government and of for8 eign governments, international organizations, or non9 governmental organizations: Provided further, That the 

10 total cost to the Department of Homeland Security of any 

11 such conference shall not exceed $500,000. 

12 SEC. 549. None of the funds made available by this 

13 or any other Act may be used by the Administrator of 

14 the Transportation Security Administration to implement, 

15 administer, or enforce, in abrogation of the responsibility 

16 described in section 44903(n)(1) of title 49, United States 

17 Code, any requirement that airport operators provide air18 port-financed staffing to monitor exit points from the ster19 ile area of any airport at which the Transportation Secu20 rity Administration provided such monitoring as of De21 cember 1, 2013. 

22 SEC. 550. None of the funds made available in this 

23 Act may be used to reimburse any Federal department 

24 or agency for its participation in a National Special Secu25 rity Event. 


emcdonald on DSK67QTVN1PROD with BILLS
288 

•S 2130 PCS

1 SEC. 551. With the exception of countries with 

2 preclearance facilities in service prior to 2013, none of the 

3 funds made available in this Act may be used for new U.S. 

4 Customs and Border Protection air preclearance agree5 ments entering into force after February 1, 2014, unless: 

6 (1) the Secretary of Homeland Security, in consultation 

7 with the Secretary of State, has certified to Congress that 

8 air preclearance operations at the airport provide a home9 land or national security benefit to the United States; (2) 

10 U.S. passenger air carriers are not precluded from oper11 ating at existing preclearance locations; and (3) a U.S. 

12 passenger air carrier is operating at all airports con13 templated for establishment of new air preclearance oper14 ations. 

15 SEC. 552. In making grants under the heading ‘‘Fire16 fighter Assistance Grants’’, the Secretary may grant waiv17 ers from the requirements in subsections (a)(1)(A), 

18 (a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4) of section 

19 34 of the Federal Fire Prevention and Control Act of 1974 

20 (15 U.S.C. 2229a). 

21 SEC. 553. (a) IN GENERAL.—Beginning on the date 

22 of the enactment of this Act, the Secretary shall not— 

23 (1) establish, collect, or otherwise impose any 

24 new border crossing fee on individuals crossing the 


emcdonald on DSK67QTVN1PROD with BILLS
289 

•S 2130 PCS

1 Southern border or the Northern border at a land 

2 port of entry; or 

3 (2) conduct any study relating to the imposition 

4 of a border crossing fee. 

5 (b) BORDER CROSSING FEE DEFINED.—In this sec6 tion, the term ‘‘border crossing fee’’ means a fee that 

7 every pedestrian, cyclist, and driver and passenger of a 

8 private motor vehicle is required to pay for the privilege 

9 of crossing the Southern border or the Northern border 

10 at a land port of entry. 

11 SEC. 554. (a) DEPOSITS OF PAYMENTS PENDING

12 AMENDMENT OF REGULATION.—Notwithstanding the 

13 provisions of the Continued Dumping and Subsidy Offset 

14 Act, 19 U.S.C. 1675c (2000), repealed by section 7601(a) 

15 of subtitle F of title VII of Public Law 109–171, 120 Stat. 

16 4, 154 (Feb. 8, 2006) as amended by section 822(2)(A) 

17 of Public Law 111–291 and section 504 of Public Law 

18 111–312 (Dec 17, 2010) (collectively, the CDSOA), none 

19 of the funds appropriated in this or previous appropria20 tions Acts or otherwise made available to the Department 

21 of Homeland Security may be used to deposit any payment 

22 tendered by a surety under, or in connection with, a cus23 toms bond on an entry for which the duties and 19 U.S.C. 

24 1677g interest are subject to distribution under the 

25 CDSOA into any account in the Department of the TreasVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00289 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
290 

•S 2130 PCS

1 ury other than an unavailable receipt account (020– 

2 5688.003) related to the Continued Dumping and Subsidy 

3 Offset account (020 × 5688) until the Commissioner of 

4 U.S. Customs and Border Protection completes the rule5 making process concerning the amendment of section 

6 24.3a(c)(4) of title 19, Code of Federal Regulations: Pro7 vided, That the payment referenced in the previous proviso 

8 is limited to a payment pursuant to a court ordered award 

9 or judgment entered as a result of a lawsuit that was filed 

10 by the Government against the surety from whom pay11 ment was obtained if that lawsuit was for the purpose of 

12 collecting duties or interest owed on that particular entry, 

13 or a settlement of any such lawsuit between the Govern14 ment and the surety that was executed after the time that 

15 the lawsuit was filed by the Government: Provided further, 

16 That once the rulemaking process concerning the amend17 ment of section 24.3a(c)(4) of title 19, Code of Federal 

18 Regulations, is complete, funds subject to CDSOA dis19 tribution shall then be transferred into the Antidumping 

20 and Countervailing Duties, Continued Dumping and Sub21 sidy Offset receipt account (020 × 5688.001) for distribu22 tion in accordance with the provisions of the CDSOA and 

23 shall be allocated between principal and interest in accord24 ance with the amended section 24.3a(c)(4) of title 19, 

25 Code of Federal Regulations, and not in accordance with 


emcdonald on DSK67QTVN1PROD with BILLS
291 

•S 2130 PCS

1 the provision of section 24.3a(c)(4) of title 19, Code of 

2 Federal Regulations, that was in effect at the time that 

3 the payment was made to the Government: Provided fur4 ther, That the funds that are not subject to CDSOA dis5 tribution shall be transferred into other accounts as other6 wise provided by law: Provided further, That authority to 

7 enforce compliance with this section is vested exclusively 

8 in Congress and nothing in this section is intended to, or 

9 does, create a private right of action against the Govern10 ment. 

11 (b) AUTHORITY TO AMEND REGULATION.—For this 

12 fiscal year and hereafter, notwithstanding 6 U.S.C. 212 

13 and Treasury Department Order No. 100–16, 1(a)(i), the 

14 Commissioner of U.S. Customs and Border Protection is 

15 hereby granted authority to approve amendment of section 

16 24.3a(c)(4) of title 19, Code of Federal Regulations, to 

17 amend the order in which a payment is allocated between 

18 principal and interest for only those payments described 

19 in subsection (a): Provided, That the authority provided 

20 to the Commissioner by this section includes the authority 

21 to allocate a payment, as defined above, between the forms 

22 of interest a surety owes, including interest pursuant to 

23 19 U.S.C. 1677g, sections 580 and 1505 of title 19, Code 

24 of Federal Regulations, and Federal common law or equi25 table principles. 


emcdonald on DSK67QTVN1PROD with BILLS
292 

•S 2130 PCS

1 SEC. 555. Of the unobligated balance available to 

2 ‘‘Federal Emergency Management Agency, Disaster Relief 

3 Fund’’, $1,025,062,000 are hereby rescinded: Provided, 

4 That no amounts may be rescinded from amounts that 

5 were designated by the Congress as an emergency require6 ment pursuant to a concurrent resolution on the budget 

7 or the Balanced Budget and Emergency Deficit Control 

8 Act of 1985: Provided further, That no amounts may be 

9 rescinded from the amounts that were designated by the 

10 Congress as being for disaster relief pursuant to section 

11 251(b)(2)(D) of the Balanced Budget and Emergency 

12 Deficit Control Act of 1985. 

13 SEC. 556. As authorized by section 601(b) of the 

14 United States-Colombia Trade Promotion Agreement Im15 plementation Act (Public Law 112–42) fees collected from 

16 passengers arriving from Canada, Mexico, or an adjacent 

17 island pursuant to section 13031(a)(5) of the Consolidated 

18 Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 

19 58c(a)(5)) shall be available until expended. 

20 SEC. 557. None of the funds appropriated by this or 

21 any other Act shall be used to pay the salaries and ex22 penses of personnel who prepare or submit appropriations 

23 language as part of the President’s budget submission to 

24 the Congress of the United States for programs under the 

25 jurisdiction of the Appropriations Subcommittees on the 


emcdonald on DSK67QTVN1PROD with BILLS
293 

•S 2130 PCS

1 Department of Homeland Security that assumes revenues 

2 or reflects a reduction from the previous year due to user 

3 fees proposals that have not been enacted into law prior 

4 to the submission of the budget unless such budget sub5 mission identifies which additional spending reductions 

6 should occur in the event the user fees proposals are not 

7 enacted prior to the date of the convening of a committee 

8 of conference for the fiscal year 2017 appropriations Act. 

9 SEC. 558. Notwithstanding any other provision of 

10 law, none of the funds appropriated or otherwise made 

11 available, including any funds or fees collected or other12 wise made available for expenditure, by this or any other 

13 Act of this or any other fiscal year may be used to imple14 ment, administer, carry-out, or enforce Executive Order 

15 13690 (80 Fed. Reg. 6425; relating to the Federal Flood 

16 Risk Management Standard) or the amendments made by 

17 such Order. 

18 SEC. 559. Notwithstanding the limitations as to 

19 threshold, time, and condition of section 503 of this Act, 

20 the Secretary may propose to reprogram or transfer to the 

21 Coast Guard for the Offshore Patrol Cutter Project: (1) 

22 discretionary appropriations made available by this Act, 

23 to remain available until September 30, 2017, and (2) the 

24 unobligated balances of discretionary appropriations made 

25 available by prior Department of Homeland Security ApVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00293 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
294 

•S 2130 PCS

1 propriations Acts: Provided, That any amounts proposed 

2 for reprogramming or transfer under this section shall not 

3 be available for obligation until the Committees on Appro4 priations of the Senate and the House of Representatives 

5 approve of such reprogramming or transfer: Provided fur6 ther, That this section shall not apply to amounts that 

7 were (1) classified as being in the revised security cat8 egory, as defined under section 250(c)(4)(D) of the Bal9 anced Budget and Emergency Deficit Control Act of 1985, 

10 as amended (BBEDCA); (2) designated by the Congress 

11 for Overseas Contingency Operations/Global War on Ter12 rorism or as an emergency requirement pursuant to the 

13 Concurrent Resolution on the Budget or BBEDCA; or (3) 

14 designated as being for disaster relief pursuant to section 

15 251(b)(2)(D) of BBEDCA. 

16 SEC. 560. None of the funds made available to the 

17 Department of Homeland Security by this or any other 

18 Act may be obligated for any structural pay reform that 

19 affects more than 100 full-time equivalent employee posi20 tions or costs more than $5,000,000 in a single year be21 fore the end of the 30-day period beginning on the date 

22 on which the Secretary of Homeland Security submits to 

23 Congress a notification that includes— 

24 (1) the number of full-time equivalent employee 

25 positions affected by such change; 


emcdonald on DSK67QTVN1PROD with BILLS
295 

•S 2130 PCS

1 (2) funding required for such change for the 

2 current year and through the Future Years Home3 land Security Program; 

4 (3) justification for such change; and 

5 (4) an analysis of compensation alternatives to 

6 such change that were considered by the Depart7 ment. 

8 SEC. 561. (a) Any agency receiving funds made avail9 able in this Act, shall, subject to subsections (b) and (c), 

10 post on the public Web site of that agency any report re11 quired to be submitted by the Committees on Appropria12 tions of the Senate and the House of Representatives in 

13 this Act, upon the determination by the head of the agency 

14 that it shall serve the national interest. 

15 (b) Subsection (a) shall not apply to a report if— 

16 (1) the public posting of the report com17 promises homeland or national security; or 

18 (2) the report contains proprietary information. 

19 (c) The head of the agency posting such report shall 

20 do so only after such report has been made available to 

21 the requesting Committee or Committees of Congress for 

22 no less than 45 days except as otherwise specified in law. 

23 SEC. 562. Of amounts transferred to the Disaster As24 sistance Direct Loan Program pursuant to the Community 

25 Disaster Loan Act of 2005 (Public Law 109–88), 


emcdonald on DSK67QTVN1PROD with BILLS
296 

•S 2130 PCS

1 $27,338,101 are hereby rescinded: Provided, That no 

2 amounts may be rescinded from amounts that were des3 ignated by the Congress as an emergency requirement 

4 pursuant to a concurrent resolution on the budget or the 

5 Balanced Budget and Emergency Deficit Control Act of 

6 1985. 

7 SEC. 563. The Administrator of the Federal Emer8 gency Management Agency shall transfer $56,872,752 in 

9 unobligated balances made available for the appropriations 

10 account for ‘‘Federal Emergency Management Agency, 

11 Disaster Assistance Direct Loan Program Account’’ by 

12 section 4502 of Public Law 110–28 to the appropriations 

13 account for ‘‘Federal Emergency Management Agency, 

14 Disaster Relief Fund’’: Provided, That amounts trans15 ferred to such account under this section shall be available 

16 for any authorized purpose of such account: Provided fur17 ther, That amounts transferred pursuant to this section 

18 that were previously designated by the Congress as an 

19 emergency requirement pursuant to a concurrent resolu20 tion on the budget are designated by the Congress as an 

21 emergency requirement pursuant to section 

22 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

23 Deficit Control Act of 1985 and shall be transferred only 

24 if the President subsequently so designates the entire 

25 transfer and transmits such designation to the Congress. 


emcdonald on DSK67QTVN1PROD with BILLS
297 

•S 2130 PCS

1 SEC. 564. None of the funds made available by this 

2 Act may be obligated or expended to sustain domestic 

3 prosecutions based on any charge related to the Arms 

4 Trade Treaty, or to implement the Treaty, until the Sen5 ate approves a resolution of ratification for the Treaty and 

6 the Senate and the House of Representatives adopt imple7 menting legislation for the Treaty. 

8 SEC. 565. Of the funds appropriated to the Depart9 ment of Homeland Security, the following funds are here10 by rescinded from the following accounts and programs 

11 in the specified amounts: Provided, That no amounts may 

12 be rescinded from amounts that were designated by the 

13 Congress as an emergency requirement pursuant to a con14 current resolution on the budget or the Balanced Budget 

15 and Emergency Deficit Control Act of 1985 (Public Law 

16 99–177): 

17 (1) $7,324,000 from unobligated prior year bal18 ances from ‘‘Analysis and Operations’’ from the Of19 fice of Intelligence and Analysis; 

20 (2) $7,000,000 from unobligated prior year bal21 ances from ‘‘U.S. Customs and Border Protection, 

22 Automation Modernization’’; 

23 (3) $21,856,000 from unobligated prior year 

24 balances from ‘‘U.S. Customs and Border ProtecVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00297 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
298 

•S 2130 PCS

1 tion, Border Security, Fencing, Infrastructure, and 

2 Technology’’; 

3 (4) $12,000,000 from unobligated prior year 

4 balances from ‘‘U.S. Customs and Border Protec5 tion, Air and Marine Operations’’; 

6 (5) $4,500,000 from unobligated prior year bal7 ances from ‘‘U.S. Customs and Border Protection, 

8 Construction and Facilities Management’’; and 

9 (6) $13,758,918 from ‘‘Federal Emergency 

10 Management Agency, National Predisaster Mitiga11 tion Fund’’ account 70 × 0716; 

12 (7) $5,800,000 from Public Law 112–74 under 

13 the heading ‘‘Coast Guard, Acquisition, Construc14 tion, and Improvements’’; 

15 (8) $16,445,000 from Public Law 113–76 

16 under the heading ‘‘Coast Guard, Acquisition, Con17 struction, and Improvements’’; 

18 (9) $28,000,000 from Public Law 114–4 under 

19 the heading ‘‘Transportation Security Administra20 tion, Aviation Security’’; 

21 (10) $5,000,000 from unobligated prior year 

22 balances from ‘‘Transportation Security Administra23 tion, Surface Transportation’’; 


emcdonald on DSK67QTVN1PROD with BILLS
299 

•S 2130 PCS

1 (11) $393,000 from Public Law 113–6 under 

2 the heading ‘‘Science and Technology, Research, De3 velopment, Acquisition, and Operations’’; 

4 (12) $8,500,000 from Public Law 113–76 

5 under the heading ‘‘Science and Technology, Re6 search, Development, Acquisition, and Operations’’; 

7 and 

8 (13) $1,107,000 from Public Law 114–4 under 

9 the heading ‘‘Science and Technology, Research, De10 velopment, Acquisition, and Operations’’. 

11 SEC. 566. From the unobligated balances made avail12 able in the Department of the Treasury Forfeiture Fund 

13 established by section 9703 of title 31, United States 

14 Code, (added by section 638 of Public Law 102–393), 

15 $175,000,000 shall be rescinded. 

16 VISA WAIVER PROGRAM COUNTRY DESIGNATION FOR

17 POLAND

18 SEC. 567. Notwithstanding any provision of section 

19 217 of the Immigration and Nationality Act (8 U.S.C. 

20 1187), the Secretary of Homeland Security may designate 

21 Poland as a program country under the visa waiver pro22 gram established by that section. 

23 This division may be cited as the ‘‘Department of 

24 Homeland Security Appropriations Act, 2016’’. 


emcdonald on DSK67QTVN1PROD with BILLS
300 

•S 2130 PCS

1 DIVISION D—MILITARY CONSTRUCTION, 

2 VETERANS AFFAIRS, AND RELATED 

3 AGENCIES APPROPRIATIONS ACT, 2016 

4 TITLE I 

5 DEPARTMENT OF DEFENSE 

6 MILITARY CONSTRUCTION, ARMY

7 For acquisition, construction, installation, and equip8 ment of temporary or permanent public works, military 

9 installations, facilities, and real property for the Army as 

10 currently authorized by law, including personnel in the 

11 Army Corps of Engineers and other personal services nec12 essary for the purposes of this appropriation, and for con13 struction and operation of facilities in support of the func14 tions of the Commander in Chief, $663,245,000, to re15 main available until September 30, 2020: Provided, That, 

16 of this amount, not to exceed $109,245,000 shall be avail17 able for study, planning, design, architect and engineer 

18 services, and host nation support, as authorized by law, 

19 unless the Secretary of the Army determines that addi20 tional obligations are necessary for such purposes and no21 tifies the Committees on Appropriations of both Houses 

22 of Congress of the determination and the reasons therefor. 

23 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

24 For acquisition, construction, installation, and equip25 ment of temporary or permanent public works, naval inVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00300 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
301 

•S 2130 PCS

1 stallations, facilities, and real property for the Navy and 

2 Marine Corps as currently authorized by law, including 

3 personnel in the Naval Facilities Engineering Command 

4 and other personal services necessary for the purposes of 

5 this appropriation, $1,619,699,000, to remain available 

6 until September 30, 2020: Provided, That, of this amount, 

7 not to exceed $91,649,000 shall be available for study, 

8 planning, design, and architect and engineer services, as 

9 authorized by law, unless the Secretary of the Navy deter10 mines that additional obligations are necessary for such 

11 purposes and notifies the Committees on Appropriations 

12 of both Houses of Congress of the determination and the 

13 reasons therefor. 

14 MILITARY CONSTRUCTION, AIR FORCE

15 For acquisition, construction, installation, and equip16 ment of temporary or permanent public works, military 

17 installations, facilities, and real property for the Air Force 

18 as currently authorized by law, $1,389,185,000, to remain 

19 available until September 30, 2020: Provided, That, of 

20 this amount, not to exceed $89,164,000 shall be available 

21 for study, planning, design, and architect and engineer 

22 services, as authorized by law, unless the Secretary of Air 

23 Force determines that additional obligations are necessary 

24 for such purposes and notifies the Committees on ApproVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00301 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
302 

•S 2130 PCS

1 priations of both Houses of Congress of the determination 

2 and the reasons therefor. 

3 MILITARY CONSTRUCTION, DEFENSE-WIDE

4 (INCLUDING TRANSFER OF FUNDS)

5 For acquisition, construction, installation, and equip6 ment of temporary or permanent public works, installa7 tions, facilities, and real property for activities and agen8 cies of the Department of Defense (other than the military 

9 departments), as currently authorized by law, 

10 $2,290,767,000, to remain available until September 30, 

11 2020: Provided, That such amounts of this appropriation 

12 as may be determined by the Secretary of Defense may 

13 be transferred to such appropriations of the Department 

14 of Defense available for military construction or family 

15 housing as the Secretary may designate, to be merged with 

16 and to be available for the same purposes, and for the 

17 same time period, as the appropriation or fund to which 

18 transferred: Provided further, That, of the amount appro19 priated, not to exceed $160,404,000 shall be available for 

20 study, planning, design, and architect and engineer serv21 ices, as authorized by law, unless the Secretary of Defense 

22 determines that additional obligations are necessary for 

23 such purposes and notifies the Committees on Appropria24 tions of both Houses of Congress of the determination and 

25 the reasons therefor. 


emcdonald on DSK67QTVN1PROD with BILLS
303 

•S 2130 PCS

1 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

2 For construction, acquisition, expansion, rehabilita3 tion, and conversion of facilities for the training and ad4 ministration of the Army National Guard, and contribu5 tions therefor, as authorized by chapter 1803 of title 10, 

6 United States Code, and Military Construction Authoriza7 tion Acts, $197,237,000, to remain available until Sep8 tember 30, 2020: Provided, That, of the amount appro9 priated, not to exceed $20,337,000 shall be available for 

10 study, planning, design, and architect and engineer serv11 ices, as authorized by law, unless the Director of the Army 

12 National Guard determines that additional obligations are 

13 necessary for such purposes and notifies the Committees 

14 on Appropriations of both Houses of Congress of the de15 termination and the reasons therefor. 

16 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

17 For construction, acquisition, expansion, rehabilita18 tion, and conversion of facilities for the training and ad19 ministration of the Air National Guard, and contributions 

20 therefor, as authorized by chapter 1803 of title 10, United 

21 States Code, and Military Construction Authorization 

22 Acts, $138,738,000, to remain available until September 

23 30, 2020: Provided, That, of the amount appropriated, not 

24 to exceed $5,104,000 shall be available for study, plan25 ning, design, and architect and engineer services, as auVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00303 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
304 

•S 2130 PCS

1 thorized by law, unless the Director of the Air National 

2 Guard determines that additional obligations are nec3 essary for such purposes and notifies the Committees on 

4 Appropriations of both Houses of Congress of the deter5 mination and the reasons therefor. 

6 MILITARY CONSTRUCTION, ARMY RESERVE

7 For construction, acquisition, expansion, rehabilita8 tion, and conversion of facilities for the training and ad9 ministration of the Army Reserve as authorized by chapter 

10 1803 of title 10, United States Code, and Military Con11 struction Authorization Acts, $113,595,000, to remain 

12 available until September 30, 2020: Provided, That, of the 

13 amount appropriated, not to exceed $9,318,000 shall be 

14 available for study, planning, design, and architect and en15 gineer services, as authorized by law, unless the Chief of 

16 the Army Reserve determines that additional obligations 

17 are necessary for such purposes and notifies the Commit18 tees on Appropriations of both Houses of Congress of the 

19 determination and the reasons therefor. 

20 MILITARY CONSTRUCTION, NAVY RESERVE

21 For construction, acquisition, expansion, rehabilita22 tion, and conversion of facilities for the training and ad23 ministration of the reserve components of the Navy and 

24 Marine Corps as authorized by chapter 1803 of title 10, 

25 United States Code, and Military Construction AuthorizaVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00304 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
305 

•S 2130 PCS

1 tion Acts, $36,078,000, to remain available until Sep2 tember 30, 2020: Provided, That, of the amount appro3 priated, not to exceed $2,208,000 shall be available for 

4 study, planning, design, and architect and engineer serv5 ices, as authorized by law, unless the Secretary of the 

6 Navy determines that additional obligations are necessary 

7 for such purposes and notifies the Committees on Appro8 priations of both Houses of Congress of the determination 

9 and the reasons therefor. 

10 MILITARY CONSTRUCTION, AIR FORCE RESERVE

11 For construction, acquisition, expansion, rehabilita12 tion, and conversion of facilities for the training and ad13 ministration of the Air Force Reserve as authorized by 

14 chapter 1803 of title 10, United States Code, and Military 

15 Construction Authorization Acts, $65,021,000, to remain 

16 available until September 30, 2020: Provided, That, of the 

17 amount appropriated, not to exceed $13,400,000 shall be 

18 available for study, planning, design, and architect and en19 gineer services, as authorized by law, unless the Chief of 

20 the Air Force Reserve determines that additional obliga21 tions are necessary for such purposes and notifies the 

22 Committees on Appropriations of both Houses of Congress 

23 of the determination and the reasons therefor. 


emcdonald on DSK67QTVN1PROD with BILLS
306 

•S 2130 PCS

1 NORTH ATLANTIC TREATY ORGANIZATION

2 SECURITY INVESTMENT PROGRAM

3 For the United States share of the cost of the North 

4 Atlantic Treaty Organization Security Investment Pro5 gram for the acquisition and construction of military fa6 cilities and installations (including international military 

7 headquarters) and for related expenses for the collective 

8 defense of the North Atlantic Treaty Area as authorized 

9 by section 2806 of title 10, United States Code, and Mili10 tary Construction Authorization Acts, $120,000,000, to 

11 remain available until expended. 

12 FAMILY HOUSING CONSTRUCTION, ARMY

13 For expenses of family housing for the Army for con14 struction, including acquisition, replacement, addition, ex15 pansion, extension, and alteration, as authorized by law, 

16 $99,695,000, to remain available until September 30, 

17 2020. 

18 FAMILY HOUSING OPERATION AND MAINTENANCE, 

19 ARMY

20 For expenses of family housing for the Army for op21 eration and maintenance, including debt payment, leasing, 

22 minor construction, principal and interest charges, and in23 surance premiums, as authorized by law, $393,511,000. 


emcdonald on DSK67QTVN1PROD with BILLS
307 

•S 2130 PCS

1 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE

2 CORPS

3 For expenses of family housing for the Navy and Ma4 rine Corps for construction, including acquisition, replace5 ment, addition, expansion, extension, and alteration, as 

6 authorized by law, $16,541,000, to remain available until 

7 September 30, 2020. 

8 FAMILY HOUSING OPERATION AND MAINTENANCE, 

9 NAVY AND MARINE CORPS

10 For expenses of family housing for the Navy and Ma11 rine Corps for operation and maintenance, including debt 

12 payment, leasing, minor construction, principal and inter13 est charges, and insurance premiums, as authorized by 

14 law, $353,036,000. 

15 FAMILY HOUSING CONSTRUCTION, AIR FORCE

16 For expenses of family housing for the Air Force for 

17 construction, including acquisition, replacement, addition, 

18 expansion, extension, and alteration, as authorized by law, 

19 $160,498,000, to remain available until September 30, 

20 2020. 

21 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

22 FORCE

23 For expenses of family housing for the Air Force for 

24 operation and maintenance, including debt payment, leas25 ing, minor construction, principal and interest charges, 


emcdonald on DSK67QTVN1PROD with BILLS
308 

•S 2130 PCS

1 and insurance premiums, as authorized by law, 

2 $331,232,000. 

3 FAMILY HOUSING OPERATION AND MAINTENANCE, 

4 DEFENSE-WIDE

5 For expenses of family housing for the activities and 

6 agencies of the Department of Defense (other than the 

7 military departments) for operation and maintenance, 

8 leasing, and minor construction, as authorized by law, 

9 $58,668,000. 

10 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

11 For deposit into the Department of Defense Base 

12 Closure Account 1990, established by section 2906(a) of 

13 the Defense Base Closure and Realignment Act of 1990 

14 (10 U.S.C. 2687 note), $251,334,000, to remain available 

15 until expended. 

16 ADMINISTRATIVE PROVISIONS

17 SEC. 101. None of the funds made available in this 

18 title shall be expended for payments under a cost-plus-a19 fixed-fee contract for construction, where cost estimates 

20 exceed $25,000, to be performed within the United States, 

21 except Alaska, without the specific approval in writing of 

22 the Secretary of Defense setting forth the reasons there23 for. 


emcdonald on DSK67QTVN1PROD with BILLS
309 

•S 2130 PCS

1 SEC. 102. Funds made available in this title for con2 struction shall be available for hire of passenger motor ve3 hicles. 

4 SEC. 103. Funds made available in this title for con5 struction may be used for advances to the Federal High6 way Administration, Department of Transportation, for 

7 the construction of access roads as authorized by section 

8 210 of title 23, United States Code, when projects author9 ized therein are certified as important to the national de10 fense by the Secretary of Defense. 

11 SEC. 104. None of the funds made available in this 

12 title may be used to begin construction of new bases in 

13 the United States for which specific appropriations have 

14 not been made. 

15 SEC. 105. None of the funds made available in this 

16 title shall be used for purchase of land or land easements 

17 in excess of 100 percent of the value as determined by 

18 the Army Corps of Engineers or the Naval Facilities Engi19 neering Command, except: (1) where there is a determina20 tion of value by a Federal court; (2) purchases negotiated 

21 by the Attorney General or the designee of the Attorney 

22 General; (3) where the estimated value is less than 

23 $25,000; or (4) as otherwise determined by the Secretary 

24 of Defense to be in the public interest. 


emcdonald on DSK67QTVN1PROD with BILLS
310 

•S 2130 PCS

1 SEC. 106. None of the funds made available in this 

2 title shall be used to: (1) acquire land; (2) provide for site 

3 preparation; or (3) install utilities for any family housing, 

4 except housing for which funds have been made available 

5 in annual Acts making appropriations for military con6 struction. 

7 SEC. 107. None of the funds made available in this 

8 title for minor construction may be used to transfer or 

9 relocate any activity from one base or installation to an10 other, without prior notification to the Committees on Ap11 propriations of both Houses of Congress. 

12 SEC. 108. None of the funds made available in this 

13 title may be used for the procurement of steel for any con14 struction project or activity for which American steel pro15 ducers, fabricators, and manufacturers have been denied 

16 the opportunity to compete for such steel procurement. 

17 SEC. 109. None of the funds available to the Depart18 ment of Defense for military construction or family hous19 ing during the current fiscal year may be used to pay real 

20 property taxes in any foreign nation. 

21 SEC. 110. None of the funds made available in this 

22 title may be used to initiate a new installation overseas 

23 without prior notification to the Committees on Appro24 priations of both Houses of Congress. 


emcdonald on DSK67QTVN1PROD with BILLS
311 

•S 2130 PCS

1 SEC. 111. None of the funds made available in this 

2 title may be obligated for architect and engineer contracts 

3 estimated by the Government to exceed $500,000 for 

4 projects to be accomplished in Japan, in any North Atlan5 tic Treaty Organization member country, or in countries 

6 bordering the Arabian Gulf, unless such contracts are 

7 awarded to United States firms or United States firms 

8 in joint venture with host nation firms. 

9 SEC. 112. None of the funds made available in this 

10 title for military construction in the United States terri11 tories and possessions in the Pacific and on Kwajalein 

12 Atoll, or in countries bordering the Arabian Gulf, may be 

13 used to award any contract estimated by the Government 

14 to exceed $1,000,000 to a foreign contractor: Provided, 

15 That this section shall not be applicable to contract 

16 awards for which the lowest responsive and responsible bid 

17 of a United States contractor exceeds the lowest respon18 sive and responsible bid of a foreign contractor by greater 

19 than 20 percent: Provided further, That this section shall 

20 not apply to contract awards for military construction on 

21 Kwajalein Atoll for which the lowest responsive and re22 sponsible bid is submitted by a Marshallese contractor. 

23 SEC. 113. The Secretary of Defense shall inform the 

24 appropriate committees of both Houses of Congress, in25 cluding the Committees on Appropriations, of plans and 


emcdonald on DSK67QTVN1PROD with BILLS
312 

•S 2130 PCS

1 scope of any proposed military exercise involving United 

2 States personnel 30 days prior to its occurring, if amounts 

3 expended for construction, either temporary or permanent, 

4 are anticipated to exceed $100,000. 

5 SEC. 114. Not more than 20 percent of the funds 

6 made available in this title which are limited for obligation 

7 during the current fiscal year shall be obligated during 

8 the last 2 months of the fiscal year. 

9 SEC. 115. Funds appropriated to the Department of 

10 Defense for construction in prior years shall be available 

11 for construction authorized for each such military depart12 ment by the authorizations enacted into law during the 

13 current session of Congress. 

14 SEC. 116. For military construction or family housing 

15 projects that are being completed with funds otherwise ex16 pired or lapsed for obligation, expired or lapsed funds may 

17 be used to pay the cost of associated supervision, inspec18 tion, overhead, engineering and design on those projects 

19 and on subsequent claims, if any. 

20 SEC. 117. Notwithstanding any other provision of 

21 law, any funds made available to a military department 

22 or defense agency for the construction of military projects 

23 may be obligated for a military construction project or 

24 contract, or for any portion of such a project or contract, 

25 at any time before the end of the fourth fiscal year after 


emcdonald on DSK67QTVN1PROD with BILLS
313 

•S 2130 PCS

1 the fiscal year for which funds for such project were made 

2 available, if the funds obligated for such project: (1) are 

3 obligated from funds available for military construction 

4 projects; and (2) do not exceed the amount appropriated 

5 for such project, plus any amount by which the cost of 

6 such project is increased pursuant to law. 

7 (INCLUDING TRANSFER OF FUNDS)

8 SEC. 118. Subject to 30 days prior notification, or 

9 14 days for a notification provided in an electronic me10 dium pursuant to sections 480 and 2883 of title 10, 

11 United States Code, to the Committees on Appropriations 

12 of both Houses of Congress, such additional amounts as 

13 may be determined by the Secretary of Defense may be 

14 transferred to: (1) the Department of Defense Family 

15 Housing Improvement Fund from amounts appropriated 

16 for construction in ‘‘Family Housing’’ accounts, to be 

17 merged with and to be available for the same purposes 

18 and for the same period of time as amounts appropriated 

19 directly to the Fund; or (2) the Department of Defense 

20 Military Unaccompanied Housing Improvement Fund 

21 from amounts appropriated for construction of military 

22 unaccompanied housing in ‘‘Military Construction’’ ac23 counts, to be merged with and to be available for the same 

24 purposes and for the same period of time as amounts ap25 propriated directly to the Fund: Provided, That appropriaVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00313 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
314 

•S 2130 PCS

1 tions made available to the Funds shall be available to 

2 cover the costs, as defined in section 502(5) of the Con3 gressional Budget Act of 1974, of direct loans or loan 

4 guarantees issued by the Department of Defense pursuant 

5 to the provisions of subchapter IV of chapter 169 of title 

6 10, United States Code, pertaining to alternative means 

7 of acquiring and improving military family housing, mili8 tary unaccompanied housing, and supporting facilities. 

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 119. In addition to any other transfer authority 

11 available to the Department of Defense, amounts may be 

12 transferred from the accounts established by sections 

13 2906(a)(1) and 2906A(a)(1) of the Defense Base Closure 

14 and Realignment Act of 1990 (10 U.S.C. 2687 note), to 

15 the fund established by section 1013(d) of the Demonstra16 tion Cities and Metropolitan Development Act of 1966 (42 

17 U.S.C. 3374) to pay for expenses associated with the 

18 Homeowners Assistance Program incurred under 42 

19 U.S.C. 3374(a)(1)(A). Any amounts transferred shall be 

20 merged with and be available for the same purposes and 

21 for the same time period as the fund to which transferred. 

22 SEC. 120. Notwithstanding any other provision of 

23 law, funds made available in this title for operation and 

24 maintenance of family housing shall be the exclusive 

25 source of funds for repair and maintenance of all family 


emcdonald on DSK67QTVN1PROD with BILLS
315 

•S 2130 PCS

1 housing units, including general or flag officer quarters: 

2 Provided, That not more than $35,000 per unit may be 

3 spent annually for the maintenance and repair of any gen4 eral or flag officer quarters without 30 days prior notifica5 tion, or 14 days for a notification provided in an electronic 

6 medium pursuant to sections 480 and 2883 of title 10, 

7 United States Code, to the Committees on Appropriations 

8 of both Houses of Congress, except that an after-the-fact 

9 notification shall be submitted if the limitation is exceeded 

10 solely due to costs associated with environmental remedi11 ation that could not be reasonably anticipated at the time 

12 of the budget submission: Provided further, That the 

13 Under Secretary of Defense (Comptroller) is to report an14 nually to the Committees on Appropriations of both 

15 Houses of Congress all operation and maintenance ex16 penditures for each individual general or flag officer quar17 ters for the prior fiscal year. 

18 SEC. 121. Amounts contained in the Ford Island Im19 provement Account established by subsection (h) of sec20 tion 2814 of title 10, United States Code, are appro21 priated and shall be available until expended for the pur22 poses specified in subsection (i)(1) of such section or until 

23 transferred pursuant to subsection (i)(3) of such section. 


emcdonald on DSK67QTVN1PROD with BILLS
316 

•S 2130 PCS

1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 122. During the 5-year period after appropria3 tions available in this Act to the Department of Defense 

4 for military construction and family housing operation and 

5 maintenance and construction have expired for obligation, 

6 upon a determination that such appropriations will not be 

7 necessary for the liquidation of obligations or for making 

8 authorized adjustments to such appropriations for obliga9 tions incurred during the period of availability of such ap10 propriations, unobligated balances of such appropriations 

11 may be transferred into the appropriation ‘‘Foreign Cur12 rency Fluctuations, Construction, Defense’’, to be merged 

13 with and to be available for the same time period and for 

14 the same purposes as the appropriation to which trans15 ferred. 

16 SEC. 123. Amounts appropriated or otherwise made 

17 available in an account funded under the headings in this 

18 title may be transferred among projects and activities 

19 within the account in accordance with the reprogramming 

20 guidelines for military construction and family housing 

21 construction contained in Department of Defense Finan22 cial Management Regulation 7000.14–R, Volume 3, Chap23 ter 7, of February 2009, as in effect on the date of enact24 ment of this Act. 


emcdonald on DSK67QTVN1PROD with BILLS
317 

•S 2130 PCS

1 SEC. 124. None of the funds made available in this 

2 title may be obligated or expended for planning and design 

3 and construction of projects at Arlington National Ceme4 tery. 

5 SEC. 125. For an additional amount for ‘‘Military 

6 Construction, Army’’, $34,500,000, to remain available 

7 until September 30, 2020: Provided, That such funds may 

8 only be obligated to carry out construction projects, in pri9 ority order, identified in the Department of the Army’s 

10 Unfunded Priority List for Fiscal Year 2016 submitted 

11 to Congress: Provided further, That such funding is sub12 ject to authorization prior to obligation and expenditure 

13 of funds to carry out construction: Provided further, That, 

14 not later than 30 days after enactment of this Act, the 

15 Secretary of the Army shall submit to the Committees on 

16 Appropriations of both Houses of Congress an expenditure 

17 plan for funds provided under this section. 

18 SEC. 126. For an additional amount for ‘‘Military 

19 Construction, Navy and Marine Corps’’, $34,320,000, to 

20 remain available until September 30, 2020: Provided, 

21 That such funds may only be obligated to carry out con22 struction projects, in priority order, identified in the De23 partment of the Navy’s Unfunded Priority List for fiscal 

24 year 2016: Provided further, That such funding is subject 

25 to authorization prior to obligation and expenditure of 


emcdonald on DSK67QTVN1PROD with BILLS
318 

•S 2130 PCS

1 funds to carry out construction: Provided further, That, 

2 not later than 30 days after enactment of this Act, the 

3 Secretary of the Navy shall submit to the Committees on 

4 Appropriations of both Houses of Congress an expenditure 

5 plan for funds provided under this section. 

6 SEC. 127. For an additional amount for ‘‘Military 

7 Construction, Army National Guard’’, $51,300,000, to re8 main available until September 30, 2020: Provided, That 

9 such funds may only be obligated to carry out construction 

10 projects, in priority order, identified in the Department 

11 of the Army’s Unfunded Priority List for Fiscal Year 

12 2016 submitted to Congress: Provided further, That such 

13 funding is subject to authorization prior to obligation and 

14 expenditure of funds to carry out construction: Provided 

15 further, That, not later than 30 days after enactment of 

16 this Act, the Secretary of the Army shall submit to the 

17 Committees on Appropriations of both Houses of Congress 

18 an expenditure plan for funds provided under this section. 

19 SEC. 128. For an additional amount for ‘‘Military 

20 Construction, Army Reserve’’, $34,200,000, to remain 

21 available until September 30, 2020: Provided, That such 

22 funds may only be obligated to carry out construction 

23 projects, in priority order, identified in the Department 

24 of the Army’s Unfunded Priority List for Fiscal Year 

25 2016 submitted to Congress: Provided further, That such 


emcdonald on DSK67QTVN1PROD with BILLS
319 

•S 2130 PCS

1 funding is subject to authorization prior to obligation and 

2 expenditure of funds to carry out construction: Provided 

3 further, That, not later than 30 days after enactment of 

4 this Act, the Secretary of the Army shall submit to the 

5 Committees on Appropriations of both Houses of Congress 

6 an expenditure plan for funds provided under this section. 

7 (RESCISSIONS OF FUNDS)

8 SEC. 129. Of the unobligated balances available from 

9 prior Appropriations Acts (other than appropriations that 

10 were designated by the Congress as an emergency require11 ment or as being for Overseas Contingency Operations/ 

12 Global War on Terrorism pursuant to a concurrent resolu13 tion on the budget or the Balanced Budget and Emer14 gency Deficit Control Act of 1985) the following funds are 

15 hereby rescinded from the following accounts and pro16 grams in the specified amounts: 

17 ‘‘Military Construction, Army’’, $85,000,000; 

18 ‘‘Military Construction, Air Force’’, $86,400,000; 

19 and 

20 ‘‘Military Construction, Defense-Wide’’, 

21 $133,000,000. 

22 (RESCISSION OF FUNDS)

23 SEC. 130. Of the unobligated balances made available 

24 in prior appropriations Acts for the fund established in 

25 section 1013(d) of the Demonstration Cities and MetroVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00319 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
320 

•S 2130 PCS

1 politan Development Act of 1966 (42 U.S.C. 3374), 

2 $65,000,000 are hereby rescinded. 

3 SEC. 131. Notwithstanding any other provision of 

4 law, none of the funds appropriated or otherwise made 

5 available by this or any other Act may be used to consoli6 date or relocate any element of a United States Air Force 

7 Rapid Engineer Deployable Heavy Operational Repair 

8 Squadron Engineer (RED HORSE) outside of the United 

9 States until the Secretary of the Air Force (1) completes 

10 an analysis and comparison of the cost and infrastructure 

11 investment required to consolidate or relocate a RED 

12 HORSE squadron outside of the United States versus 

13 within the United States; (2) provides to the Committees 

14 on Appropriations of both Houses of Congress (‘‘the Com15 mittees’’) a report detailing the findings of the cost anal16 ysis; and (3) certifies in writing to the Committees that 

17 the preferred site for the consolidation or relocation yields 

18 the greatest savings for the Air Force: Provided, That the 

19 term ‘‘United States’’ in this section does not include any 

20 territory or possession of the United States. 


emcdonald on DSK67QTVN1PROD with BILLS
321 

•S 2130 PCS

1 TITLE II 

2 DEPARTMENT OF VETERANS AFFAIRS 

3 VETERANS BENEFITS ADMINISTRATION

4 COMPENSATION AND PENSIONS

5 (INCLUDING TRANSFER OF FUNDS)

6 For the payment of compensation benefits to or on 

7 behalf of veterans and a pilot program for disability ex8 aminations as authorized by section 107 and chapters 11, 

9 13, 18, 51, 53, 55, and 61 of title 38, United States Code; 

10 pension benefits to or on behalf of veterans as authorized 

11 by chapters 15, 51, 53, 55, and 61 of title 38, United 

12 States Code; and burial benefits, the Reinstated Entitle13 ment Program for Survivors, emergency and other offi14 cers’ retirement pay, adjusted-service credits and certifi15 cates, payment of premiums due on commercial life insur16 ance policies guaranteed under the provisions of title IV 

17 of the Servicemembers Civil Relief Act (50 U.S.C. App. 

18 541 et seq.) and for other benefits as authorized by sec19 tions 107, 1312, 1977, and 2106, and chapters 23, 51, 

20 53, 55, and 61 of title 38, United States Code, 

21 $166,271,436,000, to remain available until expended, of 

22 which $87,146,761,000 shall become available on October 

23 1, 2016: Provided, That not to exceed $15,562,000 of the 

24 amount appropriated for fiscal year 2016 and 

25 $16,021,000 of the amount made available for fiscal year 


emcdonald on DSK67QTVN1PROD with BILLS
322 

•S 2130 PCS

1 2017 under this heading shall be reimbursed to ‘‘General 

2 Operating Expenses, Veterans Benefits Administration’’, 

3 and ‘‘Information Technology Systems’’ for necessary ex4 penses in implementing the provisions of chapters 51, 53, 

5 and 55 of title 38, United States Code, the funding source 

6 for which is specifically provided as the ‘‘Compensation 

7 and Pensions’’ appropriation: Provided further, That such 

8 sums as may be earned on an actual qualifying patient 

9 basis, shall be reimbursed to ‘‘Medical Care Collections 

10 Fund’’ to augment the funding of individual medical facili11 ties for nursing home care provided to pensioners as au12 thorized. 

13 READJUSTMENT BENEFITS

14 For the payment of readjustment and rehabilitation 

15 benefits to or on behalf of veterans as authorized by chap16 ters 21, 30, 31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 

17 61 of title 38, United States Code, $32,088,826,000, to 

18 remain available until expended, of which 

19 $16,743,904,000 shall become available on October 1, 

20 2016: Provided, That expenses for rehabilitation program 

21 services and assistance which the Secretary is authorized 

22 to provide under subsection (a) of section 3104 of title 

23 38, United States Code, other than under paragraphs (1), 

24 (2), (5), and (11) of that subsection, shall be charged to 

25 this account. 


emcdonald on DSK67QTVN1PROD with BILLS
323 

•S 2130 PCS

1 VETERANS INSURANCE AND INDEMNITIES

2 For military and naval insurance, national service life 

3 insurance, servicemen’s indemnities, service-disabled vet4 erans insurance, and veterans mortgage life insurance as 

5 authorized by chapters 19 and 21, title 38, United States 

6 Code, $169,080,000, to remain available until expended, 

7 of which $91,920,000 shall become available on October 

8 1, 2016. 

9 VETERANS HOUSING BENEFIT PROGRAM FUND

10 For the cost of direct and guaranteed loans, such 

11 sums as may be necessary to carry out the program, as 

12 authorized by subchapters I through III of chapter 37 of 

13 title 38, United States Code: Provided, That such costs, 

14 including the cost of modifying such loans, shall be as de15 fined in section 502 of the Congressional Budget Act of 

16 1974: Provided further, That, during fiscal year 2016, 

17 within the resources available, not to exceed $500,000 in 

18 gross obligations for direct loans are authorized for spe19 cially adapted housing loans. 

20 In addition, for administrative expenses to carry out 

21 the direct and guaranteed loan programs, $164,558,000. 

22 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

23 For the cost of direct loans, $31,000, as authorized 

24 by chapter 31 of title 38, United States Code: Provided, 

25 That such costs, including the cost of modifying such 


emcdonald on DSK67QTVN1PROD with BILLS
324 

•S 2130 PCS

1 loans, shall be as defined in section 502 of the Congres2 sional Budget Act of 1974: Provided further, That funds 

3 made available under this heading are available to sub4 sidize gross obligations for the principal amount of direct 

5 loans not to exceed $2,952,381. 

6 In addition, for administrative expenses necessary to 

7 carry out the direct loan program, $367,000, which may 

8 be paid to the appropriation for ‘‘General Operating Ex9 penses, Veterans Benefits Administration’’. 

10 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

11 ACCOUNT

12 For administrative expenses to carry out the direct 

13 loan program authorized by subchapter V of chapter 37 

14 of title 38, United States Code, $1,134,000. 

15 VETERANS HEALTH ADMINISTRATION

16 MEDICAL SERVICES

17 For necessary expenses for furnishing, as authorized 

18 by law, inpatient and outpatient care and treatment to 

19 beneficiaries of the Department of Veterans Affairs and 

20 veterans described in section 1705(a) of title 38, United 

21 States Code, including care and treatment in facilities not 

22 under the jurisdiction of the Department, and including 

23 medical supplies and equipment, bioengineering services, 

24 food services, and salaries and expenses of healthcare em25 ployees hired under title 38, United States Code, aid to 


emcdonald on DSK67QTVN1PROD with BILLS
325 

•S 2130 PCS

1 State homes as authorized by section 1741 of title 38, 

2 United States Code, assistance and support services for 

3 caregivers as authorized by section 1720G of title 38, 

4 United States Code, loan repayments authorized by sec5 tion 604 of the Caregivers and Veterans Omnibus Health 

6 Services Act of 2010 (Public Law 111–163; 124 Stat. 

7 1174; 38 U.S.C. 7681 note), and hospital care and med8 ical services authorized by section 1787 of title 38, United 

9 States Code; $1,134,197,000, which shall be in addition 

10 to funds previously appropriated under this heading that 

11 become available on October 1, 2015; and, in addition, 

12 $51,673,000,000, plus reimbursements, shall become 

13 available on October 1, 2016, and shall remain available 

14 until September 30, 2017: Provided, That, of the amount 

15 made available on October 1, 2016, under this heading, 

16 $1,400,000,000 shall remain available until September 30, 

17 2018: Provided further, That, notwithstanding any other 

18 provision of law, the Secretary of Veterans Affairs shall 

19 establish a priority for the provision of medical treatment 

20 for veterans who have service-connected disabilities, lower 

21 income, or have special needs: Provided further, That, not22 withstanding any other provision of law, the Secretary of 

23 Veterans Affairs shall give priority funding for the provi24 sion of basic medical benefits to veterans in enrollment 

25 priority groups 1 through 6: Provided further, That, notVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00325 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
326 

•S 2130 PCS

1 withstanding any other provision of law, the Secretary of 

2 Veterans Affairs may authorize the dispensing of prescrip3 tion drugs from Veterans Health Administration facilities 

4 to enrolled veterans with privately written prescriptions 

5 based on requirements established by the Secretary: Pro6 vided further, That the implementation of the program de7 scribed in the previous proviso shall incur no additional 

8 cost to the Department of Veterans Affairs: Provided fur9 ther, That, of the amount made available on October 1, 

10 2016, under this heading, not less than $900,000,000 

11 shall be available for highly effective Hepatitis C Virus 

12 (HCV) clinical treatments including clinical treatments 

13 with modern medications that have significantly higher 

14 cure rates than older medications, are easier to prescribe, 

15 and have fewer and milder side effects. 

16 MEDICAL SUPPORT AND COMPLIANCE

17 For necessary expenses in the administration of the 

18 medical, hospital, nursing home, domiciliary, construction, 

19 supply, and research activities, as authorized by law; ad20 ministrative expenses in support of capital policy activi21 ties; and administrative and legal expenses of the Depart22 ment for collecting and recovering amounts owed the De23 partment as authorized under chapter 17 of title 38, 

24 United States Code, and the Federal Medical Care Recov25 ery Act (42 U.S.C. 2651 et seq.), $6,524,000,000, plus 


emcdonald on DSK67QTVN1PROD with BILLS
327 

•S 2130 PCS

1 reimbursements, shall become available on October 1, 

2 2016, and shall remain available until September 30, 

3 2017: Provided, That, of the amount made available on 

4 October 1, 2016, under this heading, $100,000,000 shall 

5 remain available until September 30, 2018. 

6 MEDICAL FACILITIES

7 For necessary expenses for the maintenance and op8 eration of hospitals, nursing homes, domiciliary facilities, 

9 and other necessary facilities of the Veterans Health Ad10 ministration; for administrative expenses in support of 

11 planning, design, project management, real property ac12 quisition and disposition, construction, and renovation of 

13 any facility under the jurisdiction or for the use of the 

14 Department; for oversight, engineering, and architectural 

15 activities not charged to project costs; for repairing, alter16 ing, improving, or providing facilities in the several hos17 pitals and homes under the jurisdiction of the Depart18 ment, not otherwise provided for, either by contract or by 

19 the hire of temporary employees and purchase of mate20 rials; for leases of facilities; and for laundry services, 

21 $5,074,000,000, plus reimbursements, shall become avail22 able on October 1, 2016, and shall remain available until 

23 September 30, 2017: Provided, That, of the amount made 

24 available on October 1, 2016, under this heading, 


emcdonald on DSK67QTVN1PROD with BILLS
328 

•S 2130 PCS

1 $250,000,000 shall remain available until September 30, 

2 2018. 

3 MEDICAL AND PROSTHETIC RESEARCH

4 For necessary expenses in carrying out programs of 

5 medical and prosthetic research and development as au6 thorized by chapter 73 of title 38, United States Code, 

7 $621,813,000, plus reimbursements, shall remain avail8 able until September 30, 2017. 

9 NATIONAL CEMETERY ADMINISTRATION

10 For necessary expenses of the National Cemetery Ad11 ministration for operations and maintenance, not other12 wise provided for, including uniforms or allowances there13 for; cemeterial expenses as authorized by law; purchase 

14 of one passenger motor vehicle for use in cemeterial oper15 ations; hire of passenger motor vehicles; and repair, alter16 ation or improvement of facilities under the jurisdiction 

17 of the National Cemetery Administration, $266,220,000, 

18 of which not to exceed $26,600,000 shall remain available 

19 until September 30, 2017. 

20 DEPARTMENTAL ADMINISTRATION

21 GENERAL ADMINISTRATION

22 (INCLUDING TRANSFER OF FUNDS)

23 For necessary operating expenses of the Department 

24 of Veterans Affairs, not otherwise provided for, including 

25 administrative expenses in support of Department-Wide 


emcdonald on DSK67QTVN1PROD with BILLS
329 

•S 2130 PCS

1 capital planning, management and policy activities, uni2 forms, or allowances therefor; not to exceed $25,000 for 

3 official reception and representation expenses; hire of pas4 senger motor vehicles; and reimbursement of the General 

5 Services Administration for security guard services, 

6 $311,591,000, of which not to exceed $10,000,000 shall 

7 remain available until September 30, 2017: Provided, 

8 That funds provided under this heading may be trans9 ferred to ‘‘General Operating Expenses, Veterans Benefits 

10 Administration’’. 

11 BOARD OF VETERANS APPEALS

12 For necessary operating expenses of the Board of 

13 Veterans Appeals, $107,884,000, of which not to exceed 

14 $10,788,000 shall remain available until September 30, 

15 2017. 

16 GENERAL OPERATING EXPENSES, VETERANS BENEFITS

17 ADMINISTRATION

18 For necessary operating expenses of the Veterans 

19 Benefits Administration, not otherwise provided for, in20 cluding hire of passenger motor vehicles, reimbursement 

21 of the General Services Administration for security guard 

22 services, and reimbursement of the Department of De23 fense for the cost of overseas employee mail, 

24 $2,697,734,000: Provided, That expenses for services and 

25 assistance authorized under paragraphs (1), (2), (5), and 


emcdonald on DSK67QTVN1PROD with BILLS
330 

•S 2130 PCS

1 (11) of section 3104(a) of title 38, United States Code, 

2 that the Secretary of Veterans Affairs determines are nec3 essary to enable entitled veterans: (1) to the maximum ex4 tent feasible, to become employable and to obtain and 

5 maintain suitable employment; or (2) to achieve maximum 

6 independence in daily living, shall be charged to this ac7 count: Provided further, That, of the funds made available 

8 under this heading, not to exceed $160,000,000 shall re9 main available until September 30, 2017. 

10 INFORMATION TECHNOLOGY SYSTEMS

11 For necessary expenses for information technology 

12 systems and telecommunications support, including devel13 opmental information systems and operational information 

14 systems; for pay and associated costs; and for the capital 

15 asset acquisition of information technology systems, in16 cluding management and related contractual costs of said 

17 acquisitions, including contractual costs associated with 

18 operations authorized by section 3109 of title 5, United 

19 States Code, $4,106,363,000, plus reimbursements: Pro20 vided, That $1,115,757,000 shall be for pay and associ21 ated costs, of which not to exceed $34,800,000 shall re22 main available until September 30, 2017: Provided further, 

23 That $2,512,863,000 shall be for operations and mainte24 nance, of which not to exceed $175,000,000 shall remain 

25 available until September 30, 2017: Provided further, That 


emcdonald on DSK67QTVN1PROD with BILLS
331 

•S 2130 PCS

1 $477,743,000 shall be for information technology systems 

2 development, modernization, and enhancement, and shall 

3 remain available until September 30, 2017: Provided fur4 ther, That amounts made available for information tech5 nology systems development, modernization, and enhance6 ment may not be obligated or expended until the Secretary 

7 of Veterans Affairs or the Chief Information Officer of 

8 the Department of Veterans Affairs submits to the Com9 mittees on Appropriations of both Houses of Congress a 

10 certification of the amounts, in parts or in full, to be obli11 gated and expended for each development project: Pro12 vided further, That amounts made available for salaries 

13 and expenses, operations and maintenance, and informa14 tion technology systems development, modernization, and 

15 enhancement may be transferred among the three sub16 accounts after the Secretary of Veterans Affairs requests 

17 from the Committees on Appropriations of both Houses 

18 of Congress the authority to make the transfer and an 

19 approval is issued: Provided further, That amounts made 

20 available for the ‘‘Information Technology Systems’’ ac21 count for development, modernization, and enhancement 

22 may be transferred among projects or to newly defined 

23 projects: Provided further, That no project may be in24 creased or decreased by more than $1,000,000 of cost 

25 prior to submitting a request to the Committees on ApproVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00331 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
332 

•S 2130 PCS

1 priations of both Houses of Congress to make the transfer 

2 and an approval is issued, or absent a response, a period 

3 of 30 days has elapsed: Provided further, That funds under 

4 this heading may be used by the Interagency Program Of5 fice through the Department of Veterans Affairs to de6 velop a standard data reference terminology model: Pro7 vided further, That, of the funds made available for infor8 mation technology systems development, modernization, 

9 and enhancement for VistA Evolution, not more than 25 

10 percent may be obligated or expended until the Secretary 

11 of Veterans Affairs submits to the Committees on Appro12 priations of both Houses of Congress, and such Commit13 tees approve, a report that describes: (1) the status of and 

14 changes to the VistA Evolution program plan dated March 

15 24, 2014 (hereinafter referred to as the ‘‘Plan’’), the 

16 VistA 4 product roadmap dated February 26, 2015 

17 (‘‘Roadmap’’), and the VistA 4 Incremental Life Cycle 

18 Cost Estimate, dated October 26, 2014; (2) any changes 

19 to the scope or functionality of projects within the VistA 

20 Evolution program as established in the Plan; (3) actual 

21 program costs incurred to date; (4) progress in meeting 

22 the schedule milestones that have been established in the 

23 Plan; (5) a Project Management Accountability System 

24 (PMAS) Dashboard Progress report that identifies each 

25 VistA Evolution project being tracked through PMAS, 


emcdonald on DSK67QTVN1PROD with BILLS
333 

•S 2130 PCS

1 what functionality it is intended to provide, and what eval2 uation scores it has received throughout development; (6) 

3 the definition being used for interoperability between the 

4 electronic health record systems of the Department of De5 fense and the Department of Veterans Affairs, the metrics 

6 to measure the extent of interoperability, the milestones 

7 and timeline associated with achieving interoperability, 

8 and the baseline measurements associated with interoper9 ability; (7) progress toward developing and implementing 

10 all components and levels of interoperability, including se11 mantic interoperability; (8) the change management tools 

12 in place to facilitate the implementation of VistA Evo13 lution and interoperability; and (9) any changes to the 

14 governance structure for the VistA Evolution program and 

15 its chain of decisionmaking authority: Provided further, 

16 That the funds made available under this heading for in17 formation technology systems development, moderniza18 tion, and enhancement, shall be for the projects, and in 

19 the amounts, specified under this heading in the report 

20 accompanying this Act. 

21 OFFICE OF INSPECTOR GENERAL

22 For necessary expenses of the Office of Inspector 

23 General, to include information technology, in carrying out 

24 the provisions of the Inspector General Act of 1978 (5 


emcdonald on DSK67QTVN1PROD with BILLS
334 

•S 2130 PCS

1 U.S.C. App.), $126,766,000, of which $12,676,000 shall 

2 remain available until September 30, 2017. 

3 CONSTRUCTION, MAJOR PROJECTS

4 For constructing, altering, extending, and improving 

5 any of the facilities, including parking projects, under the 

6 jurisdiction or for the use of the Department of Veterans 

7 Affairs, or for any of the purposes set forth in sections 

8 316, 2404, 2406 and chapter 81 of title 38, United States 

9 Code, not otherwise provided for, including planning, ar10 chitectural and engineering services, construction manage11 ment services, maintenance or guarantee period services 

12 costs associated with equipment guarantees provided 

13 under the project, services of claims analysts, offsite utility 

14 and storm drainage system construction costs, and site ac15 quisition, where the estimated cost of a project is more 

16 than the amount set forth in section 8104(a)(3)(A) of title 

17 38, United States Code, or where funds for a project were 

18 made available in a previous major project appropriation, 

19 $1,027,064,000, of which $967,064,000 shall remain 

20 available until September 30, 2020, and of which 

21 $60,000,000 shall remain available until expended: Pro22 vided, That except for advance planning activities, includ23 ing needs assessments which may or may not lead to cap24 ital investments, and other capital asset management re25 lated activities, including portfolio development and manVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00334 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
335 

•S 2130 PCS

1 agement activities, and investment strategy studies funded 

2 through the advance planning fund and the planning and 

3 design activities funded through the design fund, including 

4 needs assessments which may or may not lead to capital 

5 investments, and salaries and associated costs of the resi6 dent engineers who oversee those capital investments 

7 funded through this account, and funds provided for the 

8 purchase of land for the National Cemetery Administra9 tion through the land acquisition line item, none of the 

10 funds made available under this heading shall be used for 

11 any project which has not been approved by the Congress 

12 in the budgetary process: Provided further, That funds 

13 made available under this heading for fiscal year 2016, 

14 for each approved project shall be obligated: (1) by the 

15 awarding of a construction documents contract by Sep16 tember 30, 2016; and (2) by the awarding of a construc17 tion contract by September 30, 2017: Provided further, 

18 That the Secretary of Veterans Affairs shall promptly sub19 mit to the Committees on Appropriations of both Houses 

20 of Congress a written report on any approved major con21 struction project for which obligations are not incurred 

22 within the time limitations established above: Provided 

23 further, That, of the amount made available on October 

24 1, 2016, under this heading, $490,700,000 for Veterans 


emcdonald on DSK67QTVN1PROD with BILLS
336 

•S 2130 PCS

1 Health Administration major construction projects shall 

2 not be available until the Secretary of Veterans Affairs: 

3 (1) Enters into an agreement with the U.S. 

4 Army Corps of Engineers, to serve as the design and 

5 construction agent for Veterans Health Administra6 tion projects with a Total Estimated Cost of 

7 $250,000,000 or above. 

8 (2) That such an agreement will designate the 

9 U.S. Army Corps of Engineers as the design and 

10 construction agent to serve as— 

11 (A) the overall construction project man12 ager, with a dedicated project delivery team in13 cluding engineers, medical facility designers, 

14 and professional project managers; 

15 (B) the facility design manager, with a 

16 dedicated design manager and technical sup17 port; 

18 (C) the design agent, with standardized 

19 and rigorous facility designs; 

20 (D) the architect/engineer designer; and 

21 (E) the overall construction agent, with a 

22 dedicated construction and technical team dur23 ing pre-construction, construction, and commis24 sioning phases. 


emcdonald on DSK67QTVN1PROD with BILLS
337 

•S 2130 PCS

1 (3) Certifies in writing that such an agreement 

2 is in effect and will prevent subsequent major con3 struction project cost overruns, provides a copy of 

4 the agreement entered into (and any required sup5 plementary information) to the Committees on Ap6 propriations of both Houses of Congress, and a pe7 riod of 60 days has elapsed. 

8 CONSTRUCTION, MINOR PROJECTS

9 For constructing, altering, extending, and improving 

10 any of the facilities, including parking projects, under the 

11 jurisdiction or for the use of the Department of Veterans 

12 Affairs, including planning and assessments of needs 

13 which may lead to capital investments, architectural and 

14 engineering services, maintenance or guarantee period 

15 services costs associated with equipment guarantees pro16 vided under the project, services of claims analysts, offsite 

17 utility and storm drainage system construction costs, and 

18 site acquisition, or for any of the purposes set forth in 

19 sections 316, 2404, 2406 and chapter 81 of title 38, 

20 United States Code, not otherwise provided for, where the 

21 estimated cost of a project is equal to or less than the 

22 amount set forth in section 8104(a)(3)(A) of title 38, 

23 United States Code, $378,080,000, to remain available 

24 until September 30, 2020, along with unobligated balances 

25 of previous ‘‘Construction, Minor Projects’’ appropriations 


emcdonald on DSK67QTVN1PROD with BILLS
338 

•S 2130 PCS

1 which are hereby made available for any project where the 

2 estimated cost is equal to or less than the amount set forth 

3 in such section: Provided, That funds made available 

4 under this heading shall be for: (1) repairs to any of the 

5 nonmedical facilities under the jurisdiction or for the use 

6 of the Department which are necessary because of loss or 

7 damage caused by any natural disaster or catastrophe; 

8 and (2) temporary measures necessary to prevent or to 

9 minimize further loss by such causes. 

10 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

11 FACILITIES

12 For grants to assist States to acquire or construct 

13 State nursing home and domiciliary facilities and to re14 model, modify, or alter existing hospital, nursing home, 

15 and domiciliary facilities in State homes, for furnishing 

16 care to veterans as authorized by sections 8131 through 

17 8137 of title 38, United States Code, $100,000,000, to 

18 remain available until expended. 

19 GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES

20 For grants to assist States and tribal organizations 

21 in establishing, expanding, or improving veterans ceme22 teries as authorized by section 2408 of title 38, United 

23 States Code, $46,000,000, to remain available until ex24 pended. 


emcdonald on DSK67QTVN1PROD with BILLS
339 

•S 2130 PCS

1 ADMINISTRATIVE PROVISIONS

2 (INCLUDING TRANSFER OF FUNDS)

3 SEC. 201. Any appropriation for fiscal year 2016 for 

4 ‘‘Compensation and Pensions’’, ‘‘Readjustment Benefits’’, 

5 and ‘‘Veterans Insurance and Indemnities’’ may be trans6 ferred as necessary to any other of the mentioned appro7 priations: Provided, That, before a transfer may take 

8 place, the Secretary of Veterans Affairs shall request from 

9 the Committees on Appropriations of both Houses of Con10 gress the authority to make the transfer and such Com11 mittees issue an approval, or absent a response, a period 

12 of 30 days has elapsed. 

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 202. Amounts made available for the Depart15 ment of Veterans Affairs for fiscal year 2016, in this Act 

16 or any other Act, under the ‘‘Medical Services’’, ‘‘Medical 

17 support and compliance’’, and ‘‘Medical Facilities’’ ac18 counts may be transferred among the accounts: Provided, 

19 That any transfers between the ‘‘Medical Services’’ and 

20 ‘‘Medical Support and Compliance’’ accounts of 1 percent 

21 or less of the total amount appropriated to the account 

22 in this or any other Act may take place subject to notifica23 tion from the Secretary of Veterans Affairs to the Com24 mittees on Appropriations of both Houses of Congress of 

25 the amount and purpose of the transfer: Provided further, 


emcdonald on DSK67QTVN1PROD with BILLS
340 

•S 2130 PCS

1 That any transfers between the ‘‘Medical Services’’ and 

2 ‘‘Medical Support and Compliance’’ accounts in excess of 

3 1 percent, or exceeding the cumulative 1 percent for the 

4 fiscal year, may take place only after the Secretary re5 quests from the Committees on Appropriations of both 

6 Houses of Congress the authority to make the transfer 

7 and an approval is issued: Provided further, That any 

8 transfers to or from the ‘‘Medical Facilities’’ account may 

9 take place only after the Secretary requests from the Com10 mittees on Appropriations of both Houses of Congress the 

11 authority to make the transfer and an approval is issued. 

12 SEC. 203. Appropriations available in this title for 

13 salaries and expenses shall be available for services au14 thorized by section 3109 of title 5, United States Code; 

15 hire of passenger motor vehicles; lease of a facility or land 

16 or both; and uniforms or allowances therefore, as author17 ized by sections 5901 through 5902 of title 5, United 

18 States Code. 

19 SEC. 204. No appropriations in this title (except the 

20 appropriations for ‘‘Construction, Major Projects’’, and 

21 ‘‘Construction, Minor Projects’’) shall be available for the 

22 purchase of any site for or toward the construction of any 

23 new hospital or home. 

24 SEC. 205. No appropriations in this title shall be 

25 available for hospitalization or examination of any persons 


emcdonald on DSK67QTVN1PROD with BILLS
341 

•S 2130 PCS

1 (except beneficiaries entitled to such hospitalization or ex2 amination under the laws providing such benefits to vet3 erans, and persons receiving such treatment under sec4 tions 7901 through 7904 of title 5, United States Code, 

5 or the Robert T. Stafford Disaster Relief and Emergency 

6 Assistance Act (42 U.S.C. 5121 et seq.)), unless reim7 bursement of the cost of such hospitalization or examina8 tion is made to the ‘‘Medical Services’’ account at such 

9 rates as may be fixed by the Secretary of Veterans Affairs. 

10 SEC. 206. Appropriations available in this title for 

11 ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, 

12 and ‘‘Veterans insurance and indemnities’’ shall be avail13 able for payment of prior year accrued obligations re14 quired to be recorded by law against the corresponding 

15 prior year accounts within the last quarter of fiscal year 

16 2015. 

17 SEC. 207. Appropriations available in this title shall 

18 be available to pay prior year obligations of corresponding 

19 prior year appropriations accounts resulting from sections 

20 3328(a), 3334, and 3712(a) of title 31, United States 

21 Code, except that if such obligations are from trust fund 

22 accounts they shall be payable only from ‘‘Compensation 

23 and Pensions’’. 


emcdonald on DSK67QTVN1PROD with BILLS
342 

•S 2130 PCS

1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 208. Notwithstanding any other provision of 

3 law, during fiscal year 2016, the Secretary of Veterans 

4 Affairs shall, from the National Service Life Insurance 

5 Fund under section 1920 of title 38, United States Code, 

6 the Veterans’ Special Life Insurance Fund under section 

7 1923 of title 38, United States Code, and the United 

8 States Government Life Insurance Fund under section 

9 1955 of title 38, United States Code, reimburse the ‘‘Gen10 eral operating expenses, Veterans Benefits Administra11 tion’’ and ‘‘Information Technology Systems’’ accounts for 

12 the cost of administration of the insurance programs fi13 nanced through those accounts: Provided, That reimburse14 ment shall be made only from the surplus earnings accu15 mulated in such an insurance program during fiscal year 

16 2016 that are available for dividends in that program after 

17 claims have been paid and actuarially determined reserves 

18 have been set aside: Provided further, That, if the cost of 

19 administration of such an insurance program exceeds the 

20 amount of surplus earnings accumulated in that program, 

21 reimbursement shall be made only to the extent of such 

22 surplus earnings: Provided further, That the Secretary 

23 shall determine the cost of administration for fiscal year 

24 2016 which is properly allocable to the provision of each 

25 such insurance program and to the provision of any total 


emcdonald on DSK67QTVN1PROD with BILLS
343 

•S 2130 PCS

1 disability income insurance included in that insurance pro2 gram. 

3 SEC. 209. Amounts deducted from enhanced-use 

4 lease proceeds to reimburse an account for expenses in5 curred by that account during a prior fiscal year for pro6 viding enhanced-use lease services, may be obligated dur7 ing the fiscal year in which the proceeds are received. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 210. Funds available in this title or funds for 

10 salaries and other administrative expenses shall also be 

11 available to reimburse the Office of Resolution Manage12 ment of the Department of Veterans Affairs and the Of13 fice of Employment Discrimination Complaint Adjudica14 tion under section 319 of title 38, United States Code, 

15 for all services provided at rates which will recover actual 

16 costs but not to exceed $43,700,000 for the Office of Reso17 lution Management and $3,400,000 for the Office of Em18 ployment Discrimination Complaint Adjudication: Pro19 vided, That payments may be made in advance for services 

20 to be furnished based on estimated costs: Provided further, 

21 That amounts received shall be credited to the ‘‘General 

22 Administration’’ and ‘‘Information Technology Systems’’ 

23 accounts for use by the office that provided the service. 


emcdonald on DSK67QTVN1PROD with BILLS
344 

•S 2130 PCS

1 (TRANSFER OF FUNDS)

2 SEC. 211. Of the amounts made available to the De3 partment of Veterans Affairs for fiscal year 2016 for the 

4 Office of Rural Health under the heading ‘‘Medical Serv5 ices’’, including any advance appropriation for fiscal year 

6 2016 provided in prior appropriation Acts, up to 

7 $20,000,000 may be transferred to and merged with funds 

8 appropriated under the heading ‘‘Grants for Construction 

9 of State Extended Care Facilities’’. 

10 SEC. 212. No funds of the Department of Veterans 

11 Affairs shall be available for hospital care, nursing home 

12 care, or medical services provided to any person under 

13 chapter 17 of title 38, United States Code, for a non-serv14 ice-connected disability described in section 1729(a)(2) of 

15 such title, unless that person has disclosed to the Sec16 retary of Veterans Affairs, in such form as the Secretary 

17 may require, current, accurate third-party reimbursement 

18 information for purposes of section 1729 of such title: Pro19 vided, That the Secretary may recover, in the same man20 ner as any other debt due the United States, the reason21 able charges for such care or services from any person who 

22 does not make such disclosure as required: Provided fur23 ther, That any amounts so recovered for care or services 

24 provided in a prior fiscal year may be obligated by the 


emcdonald on DSK67QTVN1PROD with BILLS
345 

•S 2130 PCS

1 Secretary during the fiscal year in which amounts are re2 ceived. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 213. Notwithstanding any other provision of 

5 law, proceeds or revenues derived from enhanced-use leas6 ing activities (including disposal) may be deposited into 

7 the ‘‘Construction, Major Projects’’ and ‘‘Construction, 

8 Minor Projects’’ accounts and be used for construction 

9 (including site acquisition and disposition), alterations, 

10 and improvements of any medical facility under the juris11 diction or for the use of the Department of Veterans Af12 fairs. Such sums as realized are in addition to the amount 

13 provided for in ‘‘Construction, Major Projects’’ and ‘‘Con14 struction, Minor Projects’’. 

15 SEC. 214. Amounts made available under ‘‘Medical 

16 Services’’ are available— 

17 (1) for furnishing recreational facilities, sup18 plies, and equipment; and 

19 (2) for funeral expenses, burial expenses, and 

20 other expenses incidental to funerals and burials for 

21 beneficiaries receiving care in the Department. 

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 215. Such sums as may be deposited to the 

24 Medical Care Collections Fund pursuant to section 1729A 

25 of title 38, United States Code, may be transferred to 


emcdonald on DSK67QTVN1PROD with BILLS
346 

•S 2130 PCS

1 ‘‘Medical Services’’, to remain available until expended for 

2 the purposes of that account: Provided, That, for fiscal 

3 year 2016, up to $27,000,000 deposited in the Depart4 ment of Veterans Affairs Medical Care Collections Fund 

5 shall be transferred to ‘‘Information Technology Sys6 tems’’, to remain available until expended, for development 

7 of the Medical Care Collections Fund electronic data ex8 change provider and payer system. 

9 SEC. 216. The Secretary of Veterans Affairs may 

10 enter into agreements with Indian tribes and tribal organi11 zations which are party to the Alaska Native Health Com12 pact with the Indian Health Service, and Indian tribes and 

13 tribal organizations serving rural Alaska which have en14 tered into contracts with the Indian Health Service under 

15 the Indian Self Determination and Educational Assistance 

16 Act, to provide healthcare, including behavioral health and 

17 dental care. The Secretary shall require participating vet18 erans and facilities to comply with all appropriate rules 

19 and regulations, as established by the Secretary. The term 

20 ‘‘rural Alaska’’ shall mean those lands sited within the ex21 ternal boundaries of the Alaska Native regions specified 

22 in sections 7(a)(1)–(4) and (7)–(12) of the Alaska Native 

23 Claims Settlement Act, as amended (43 U.S.C. 1606), and 

24 those lands within the Alaska Native regions specified in 

25 sections 7(a)(5) and 7(a)(6) of the Alaska Native Claims 


emcdonald on DSK67QTVN1PROD with BILLS
347 

•S 2130 PCS

1 Settlement Act, as amended (43 U.S.C. 1606), which are 

2 not within the boundaries of the municipality of Anchor3 age, the Fairbanks North Star Borough, the Kenai Penin4 sula Borough or the Matanuska Susitna Borough. 

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 217. Such sums as may be deposited to the De7 partment of Veterans Affairs Capital Asset Fund pursu8 ant to section 8118 of title 38, United States Code, may 

9 be transferred to the ‘‘Construction, Major Projects’’ and 

10 ‘‘Construction, Minor Projects’’ accounts, to remain avail11 able until expended for the purposes of these accounts. 

12 SEC. 218. None of the funds made available in this 

13 title may be used to implement any policy prohibiting the 

14 Directors of the Veterans Integrated Services Networks 

15 from conducting outreach or marketing to enroll new vet16 erans within their respective Networks. 

17 SEC. 219. The Secretary of Veterans Affairs shall 

18 submit to the Committees on Appropriations of both 

19 Houses of Congress a quarterly report on the financial 

20 status of the Veterans Health Administration. 

21 (INCLUDING TRANSFER OF FUNDS)

22 SEC. 220. Amounts made available under the ‘‘Med23 ical Services’’, ‘‘Medical Support and Compliance’’, ‘‘Med24 ical Facilities’’, ‘‘General Operating Expenses, Veterans 

25 Benefits Administration’’, ‘‘General Administration’’, and 


emcdonald on DSK67QTVN1PROD with BILLS
348 

•S 2130 PCS

1 ‘‘National Cemetery Administration’’ accounts for fiscal 

2 year 2016 may be transferred to or from the ‘‘Information 

3 Technology Systems’’ account: Provided, That, before a 

4 transfer may take place, the Secretary of Veterans Affairs 

5 shall request from the Committees on Appropriations of 

6 both Houses of Congress the authority to make the trans7 fer and an approval is issued. 

8 SEC. 221. None of the funds appropriated or other9 wise made available by this Act or any other Act for the 

10 Department of Veterans Affairs may be used in a manner 

11 that is inconsistent with: (1) section 842 of the Transpor12 tation, Treasury, Housing and Urban Development, the 

13 Judiciary, the District of Columbia, and Independent 

14 Agencies Appropriations Act, 2006 (Public Law 109–115; 

15 119 Stat. 2506); or (2) section 8110(a)(5) of title 38, 

16 United States Code. 

17 SEC. 222. Of the amounts made available to the De18 partment of Veterans Affairs for fiscal year 2016, in this 

19 Act or any other Act, under the ‘‘Medical Facilities’’ ac20 count for nonrecurring maintenance, not more than 20 

21 percent of the funds made available shall be obligated dur22 ing the last 2 months of that fiscal year: Provided, That 

23 the Secretary may waive this requirement after providing 

24 written notice to the Committees on Appropriations of 

25 both Houses of Congress. 


emcdonald on DSK67QTVN1PROD with BILLS
349 

•S 2130 PCS

1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 223. Of the amounts appropriated to the De3 partment of Veterans Affairs for fiscal year 2016 for 

4 ‘‘Medical Services’’, ‘‘Medical Support and Compliance’’, 

5 ‘‘Medical Facilities’’, ‘‘Construction, Minor Projects’’, and 

6 ‘‘Information Technology Systems’’, up to $266,303,000, 

7 plus reimbursements, may be transferred to the Joint De8 partment of Defense-Department of Veterans Affairs 

9 Medical Facility Demonstration Fund, established by sec10 tion 1704 of the National Defense Authorization Act for 

11 Fiscal Year 2010 (Public Law 111–84; 123 Stat. 3571) 

12 and may be used for operation of the facilities designated 

13 as combined Federal medical facilities as described by sec14 tion 706 of the Duncan Hunter National Defense Author15 ization Act for Fiscal Year 2009 (Public Law 110–417; 

16 122 Stat. 4500): Provided, That additional funds may be 

17 transferred from accounts designated in this section to the 

18 Joint Department of Defense-Department of Veterans Af19 fairs Medical Facility Demonstration Fund upon written 

20 notification by the Secretary of Veterans Affairs to the 

21 Committees on Appropriations of both Houses of Con22 gress: Provided further, That section 223 of Title II of 

23 Division I of Public Law 113–235 is repealed. 


emcdonald on DSK67QTVN1PROD with BILLS
350 

•S 2130 PCS

1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 224. Of the amounts appropriated to the De3 partment of Veterans Affairs which become available on 

4 October 1, 2016, for ‘‘Medical Services’’, ‘‘Medical Sup5 port and Compliance’’, and ‘‘Medical Facilities’’, up to 

6 $265,675,000, plus reimbursements, may be transferred 

7 to the Joint Department of Defense-Department of Vet8 erans Affairs Medical Facility Demonstration Fund, es9 tablished by section 1704 of the National Defense Author10 ization Act for Fiscal Year 2010 (Public Law 111–84; 123 

11 Stat. 3571) and may be used for operation of the facilities 

12 designated as combined Federal medical facilities as de13 scribed by section 706 of the Duncan Hunter National De14 fense Authorization Act for Fiscal Year 2009 (Public Law 

15 110–417; 122 Stat. 4500): Provided, That additional 

16 funds may be transferred from accounts designated in this 

17 section to the Joint Department of Defense-Department 

18 of Veterans Affairs Medical Facility Demonstration Fund 

19 upon written notification by the Secretary of Veterans Af20 fairs to the Committees on Appropriations of both Houses 

21 of Congress. 

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 225. Such sums as may be deposited to the 

24 Medical Care Collections Fund pursuant to section 1729A 

25 of title 38, United States Code, for healthcare provided 


emcdonald on DSK67QTVN1PROD with BILLS
351 

•S 2130 PCS

1 at facilities designated as combined Federal medical facili2 ties as described by section 706 of the Duncan Hunter 

3 National Defense Authorization Act for Fiscal Year 2009 

4 (Public Law 110–417; 122 Stat. 4500) shall also be avail5 able: (1) for transfer to the Joint Department of Defense6 Department of Veterans Affairs Medical Facility Dem7 onstration Fund, established by section 1704 of the Na8 tional Defense Authorization Act for Fiscal Year 2010 

9 (Public Law 111–84; 123 Stat. 3571); and (2) for oper10 ations of the facilities designated as combined Federal 

11 medical facilities as described by section 706 of the Dun12 can Hunter National Defense Authorization Act for Fiscal 

13 Year 2009 (Public Law 110–417; 122 Stat. 4500). 

14 (TRANSFER OF FUNDS)

15 SEC. 226. Of the amounts available in this title for 

16 ‘‘Medical Services’’, ‘‘Medical Support and Compliance’’, 

17 and ‘‘Medical Facilities’’, a minimum of $15,000,000 shall 

18 be transferred to the DOD–VA Health Care Sharing In19 centive Fund, as authorized by section 8111(d) of title 38, 

20 United States Code, to remain available until expended, 

21 for any purpose authorized by section 8111 of title 38, 

22 United States Code. 

23 (INCLUDING RESCISSIONS OF FUNDS)

24 SEC. 227. (a) Of the funds appropriated in division 

25 I of Public Law 113–235, the following amounts which 


emcdonald on DSK67QTVN1PROD with BILLS
352 

•S 2130 PCS

1 become available on October 1, 2015, are hereby rescinded 

2 from the following accounts in the amounts specified: 

3 (1) ‘‘Department of Veterans Affairs, Medical 

4 Services’’, $1,400,000,000. 

5 (2) ‘‘Department of Veterans Affairs, Medical 

6 Support and Compliance’’, $150,000,000. 

7 (3) ‘‘Department of Veterans Affairs, Medical 

8 Facilities’’, $250,000,000. 

9 (b) In addition to amounts provided elsewhere in this 

10 Act, an additional amount is appropriated to the following 

11 accounts in the amounts specified to remain available until 

12 September 30, 2017: 

13 (1) ‘‘Department of Veterans Affairs, Medical 

14 Services’’, $1,400,000,000. 

15 (2) ‘‘Department of Veterans Affairs, Medical 

16 Support and Compliance’’, $100,000,000. 

17 (3) ‘‘Department of Veterans Affairs, Medical 

18 Facilities’’, $250,000,000. 

19 SEC. 228. The Secretary of the Department of Vet20 erans Affairs shall notify the Committees on Appropria21 tions of both Houses of Congress of all bid savings in 

22 major construction projects that total at least $5,000,000, 

23 or 5 percent of the programmed amount of the project, 

24 whichever is less: Provided, That such notification shall 

25 occur within 14 days of a contract identifying the proVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00352 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
353 

•S 2130 PCS

1 grammed amount: Provided further, That the Secretary 

2 shall notify the Committees on Appropriations of both 

3 Houses of Congress 14 days prior to the obligation of such 

4 bid savings and shall describe the anticipated use of such 

5 savings. 

6 SEC. 229. The scope of work for a project included 

7 in ‘‘Construction, Major Projects’’ may not be increased 

8 above the scope specified for that project in the original 

9 justification data provided to the Congress as part of the 

10 request for appropriations. 

11 SEC. 230. The Secretary of Veterans Affairs shall 

12 submit to the Committees on Appropriations of both 

13 Houses of Congress a quarterly report that contains the 

14 following information from each Veterans Benefits Admin15 istration Regional Office: (1) the average time to complete 

16 a disability compensation claim; (2) the number of claims 

17 pending more than 125 days; (3) error rates; (4) the num18 ber of claims personnel; (5) any corrective action taken 

19 within the quarter to address poor performance; (6) train20 ing programs undertaken; and (7) the number and results 

21 of Quality Review Team audits: Provided, That each quar22 terly report shall be submitted no later than 30 days after 

23 the end of the respective quarter. 

24 SEC. 231. Of the funds provided to the Department 

25 of Veterans Affairs for fiscal year 2016 for ‘‘Medical ServVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00353 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
354 

•S 2130 PCS

1 ices’’ and ‘‘Medical Support and Compliance’’, a maximum 

2 of $5,000,000 may be obligated from the ‘‘Medical Serv3 ices’’ account and a maximum of $154,596,000 may be 

4 obligated from the ‘‘Medical Support and Compliance’’ ac5 count for the VistA Evolution and electronic health record 

6 interoperability projects: Provided, That funds in addition 

7 to these amounts may be obligated for the VistA Evolution 

8 and electronic health record interoperability projects upon 

9 written notification by the Secretary of Veterans Affairs 

10 to the Committees on Appropriations of both Houses of 

11 Congress. 

12 SEC. 232. The Secretary of Veterans Affairs shall 

13 provide written notification to the Committees on Appro14 priations of both Houses of Congress 15 days prior to or15 ganizational changes which result in the transfer of 25 or 

16 more full-time equivalents from one organizational unit of 

17 the Department of Veterans Affairs to another. 

18 SEC. 233. The Secretary of Veterans Affairs shall 

19 provide on a quarterly basis to the Committees on Appro20 priations of both Houses of Congress notification of any 

21 single national outreach and awareness marketing cam22 paign in which obligations exceed $2,000,000. 

23 SEC. 234. Not more than $4,400,000 of the funds 

24 provided in this Act under the heading ‘‘Department of 

25 Veterans Affairs—Departmental Administration—GenVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00354 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
355 

•S 2130 PCS

1 eral Administration’’ may be used for the Office of Con2 gressional and Legislative Affairs. 

3 SEC. 235. None of the funds available to the Depart4 ment of Veterans Affairs, in this or any other Act, may 

5 be used to replace the current system by which the Vet6 erans Integrated Service Networks select and contract for 

7 diabetes monitoring supplies and equipment. 

8 (RESCISSIONS OF FUNDS)

9 SEC. 236. Of the discretionary funds made available 

10 in title II of division I of Public Law 113–235 for the 

11 Department of Veterans Affairs for fiscal year 2016, 

12 $198,000,000 are rescinded from ‘‘Medical Services’’, 

13 $42,000,000 are rescinded from ‘‘Medical Support and 

14 Compliance’’, and $15,000,000 are rescinded from ‘‘Med15 ical Facilities’’. 

16 (RESCISSIONS OF FUNDS)

17 SEC. 237. (a) There is hereby rescinded an aggregate 

18 amount of $55,000,000 from the total budget authority 

19 provided for fiscal year 2016 for discretionary accounts 

20 of the Department of Veterans Affairs in— 

21 (1) this Act; or 

22 (2) any advance appropriation for fiscal year 

23 2016 in prior appropriation Acts. 

24 (b) The Secretary shall submit to the Committees on 

25 Appropriations of both Houses of Congress a report speciVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00355 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
356 

•S 2130 PCS

1 fying the account and amount of each rescission not later 

2 than 30 days following enactment of this Act. 

3 (RESCISSION OF FUNDS)

4 SEC. 238. Of the unobligated balances available with5 in the ‘‘DOD-VA Health Care Sharing Incentive Fund’’, 

6 $50,000,000 are hereby rescinded. 

7 (RESCISSIONS OF FUNDS)

8 SEC. 239. Of the discretionary funds made available 

9 in title II of division I of Public Law 113–235 for the 

10 Department of Veterans Affairs for fiscal year 2015, 

11 $1,052,000 are rescinded from ‘‘General Administration’’, 

12 and $5,000,000 are rescinded from ‘‘Construction, Minor 

13 Projects’’. 

14 (RESCISSIONS OF FUNDS)

15 SEC. 240. (a) There is hereby rescinded an aggregate 

16 amount of $90,293,000 from prior year unobligated bal17 ances available within discretionary accounts of the De18 partment of Veterans Affairs; 

19 (b) No funds may be rescinded from amounts pro20 vided under the following headings: 

21 (1) ‘‘Medical Services’’; 

22 (2) ‘‘Medical and Prosthetic Research’’; 

23 (3) ‘‘National Cemetery Administration’’; 

24 (4) ‘‘Board of Veterans Appeals’’; 


emcdonald on DSK67QTVN1PROD with BILLS
357 

•S 2130 PCS

1 (5) ‘‘General Operating Expenses, Veterans 

2 Benefits Administration’’; 

3 (6) ‘‘Office of Inspector General’’; 

4 (7) ‘‘Grants for Construction of State Extended 

5 Care Facilities’’; and 

6 (8) ‘‘Grants for Construction of Veterans Ceme7 teries’’. 

8 (c) No amounts may be rescinded from amounts that 

9 were designated by the Congress as an emergency require10 ment pursuant to the Concurrent Resolution on the Budg11 et or the Balanced Budget and Emergency Deficit Control 

12 Act of 1985, as amended. 

13 (d) The Secretary shall submit to the Committees on 

14 Appropriations of both Houses of Congress a report speci15 fying the account and amount of each rescission not later 

16 than 30 days following enactment of this Act. 

17 SEC. 241. Section 2302(a)(2)(A)(viii) of title 5, 

18 United States Code, is amended by inserting ‘‘or under 

19 title 38’’ after ‘‘of this title’’. 

20 SEC. 242. The Department of Veterans Affairs is au21 thorized to administer financial assistance grants and 

22 enter into cooperative agreements with organizations, uti23 lizing a competitive selection process, to train and employ 

24 homeless and at-risk veterans in natural resource con25 servation management. 


emcdonald on DSK67QTVN1PROD with BILLS
358 

•S 2130 PCS

1 SEC. 243. Section 312 of title 38, United States 

2 Code, is amended by adding at the end the following new 

3 subsection: 

4 ‘‘(c)(1) Whenever the Inspector General, in carrying 

5 out the duties and responsibilities established under the 

6 Inspector General Act of 1978 (5 U.S.C. App.), issues a 

7 work product that makes a recommendation or otherwise 

8 suggests corrective action, the Inspector General shall— 

9 ‘‘(A) submit the work product to— 

10 ‘‘(i) the Secretary; 

11 ‘‘(ii) the Committee on Veterans’ Af12 fairs, the Committee on Homeland Secu13 rity and Governmental Affairs, and the 

14 Committee on Appropriations of the Sen15 ate; 

16 ‘‘(iii) the Committee on Veterans’ Af17 fairs, the Committee on Oversight and 

18 Government Reform, and the Committee 

19 on Appropriations of the House of Rep20 resentatives; 

21 ‘‘(iv) if the work product was initiated 

22 upon request by an individual or entity 

23 other than the Inspector General, that in24 dividual or entity; and 


emcdonald on DSK67QTVN1PROD with BILLS
359 

•S 2130 PCS

1 ‘‘(v) any Member of Congress upon 

2 request; and 

3 ‘‘(B) the Inspector General shall submit all 

4 final work products to— 

5 ‘‘(i) if the work product was initiated 

6 upon request by an individual or entity 

7 other than the Inspector General, that in8 dividual or entity; and 

9 ‘‘(ii) any Member of Congress upon 

10 request; and 

11 ‘‘(C) not later than 3 days after the work 

12 product is submitted in final form to the Sec13 retary, post the work product on the Internet 

14 website of the Inspector General. 

15 ‘‘(2) Nothing in this subsection shall be con16 strued to authorize the public disclosure of informa17 tion that is specifically prohibited from disclosure by 

18 any other provision of law.’’. 

19 SEC. 244. None of the funds provided in this Act may 

20 be used to pay the salary of any individual who (a) was 

21 the Executive Director of the Office of Acquisition, Logis22 tics and Construction, and (b) who retired from Federal 

23 service in the midst of an investigation, initiated by the 

24 Department of Veterans Affairs, into delays and cost overVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00359 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
360 

•S 2130 PCS

1 runs associated with the design and construction of the 

2 new medical center in Aurora, Colorado. 

3 SEC. 245. Of the amounts appropriated or otherwise 

4 made available to the Department of Veterans Affairs for 

5 the ‘‘Medical Services’’ account for fiscal year 2016 in this 

6 Act of any other Act, not less than $10,000,000 shall be 

7 used to hire additional caregiver support coordinators to 

8 support the programs of assistance and support for care9 givers of veterans under section 1720G of title 38, United 

10 States Code. 

11 SEC. 246. None of the funds appropriated or other12 wise made available to the Department of Veterans Affairs 

13 in this Act may be used in a manner that would— 

14 (1) interfere with the ability of a veteran to 

15 participate in a State-approved medicinal marijuana 

16 program; 

17 (2) deny any services from the Department to 

18 a veteran who is participating in such a program; or 

19 (3) limit or interfere with the ability of a health 

20 care provider of the Department to make appro21 priate recommendations, fill out forms, or take steps 

22 to comply with such a program. 


emcdonald on DSK67QTVN1PROD with BILLS
361 

•S 2130 PCS

1 TITLE III 

2 RELATED AGENCIES 

3 AMERICAN BATTLE MONUMENTS COMMISSION

4 SALARIES AND EXPENSES

5 For necessary expenses, not otherwise provided for, 

6 of the American Battle Monuments Commission, including 

7 the acquisition of land or interest in land in foreign coun8 tries; purchases and repair of uniforms for caretakers of 

9 national cemeteries and monuments outside of the United 

10 States and its territories and possessions; rent of office 

11 and garage space in foreign countries; purchase (one-for12 one replacement basis only) and hire of passenger motor 

13 vehicles; not to exceed $7,500 for official reception and 

14 representation expenses; and insurance of official motor 

15 vehicles in foreign countries, when required by law of such 

16 countries, $75,100,000, to remain available until ex17 pended. 

18 FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

19 For necessary expenses, not otherwise provided for, 

20 of the American Battle Monuments Commission, such 

21 sums as may be necessary, to remain available until ex22 pended, for purposes authorized by section 2109 of title 

23 36, United States Code. 


emcdonald on DSK67QTVN1PROD with BILLS
362 

•S 2130 PCS

1 UNITED STATES COURT OF APPEALS FOR VETERANS

2 CLAIMS

3 SALARIES AND EXPENSES

4 For necessary expenses for the operation of the 

5 United States Court of Appeals for Veterans Claims as 

6 authorized by sections 7251 through 7298 of title 38, 

7 United States Code, $32,141,000: Provided, That 

8 $2,500,000 shall be available for the purpose of providing 

9 financial assistance as described, and in accordance with 

10 the process and reporting procedures set forth, under this 

11 heading in Public Law 102–229. 

12 DEPARTMENT OF DEFENSE—CIVIL

13 CEMETERIAL EXPENSES, ARMY

14 SALARIES AND EXPENSES

15 For necessary expenses for maintenance, operation, 

16 and improvement of Arlington National Cemetery and Sol17 diers’ and Airmen’s Home National Cemetery, including 

18 the purchase or lease of passenger motor vehicles for re19 placement on a one-for-one basis only, and not to exceed 

20 $1,000 for official reception and representation expenses, 

21 $70,800,000, of which not to exceed $28,000,000 shall re22 main available until September 30, 2018. In addition, 

23 such sums as may be necessary for parking maintenance, 

24 repairs and replacement, to be derived from the ‘‘Lease 


emcdonald on DSK67QTVN1PROD with BILLS
363 

•S 2130 PCS

1 of Department of Defense Real Property for Defense 

2 Agencies’’ account. 

3 ARMED FORCES RETIREMENT HOME

4 TRUST FUND

5 For expenses necessary for the Armed Forces Retire6 ment Home to operate and maintain the Armed Forces 

7 Retirement Home—Washington, District of Columbia, 

8 and the Armed Forces Retirement Home—Gulfport, Mis9 sissippi, to be paid from funds available in the Armed 

10 Forces Retirement Home Trust Fund, $64,300,000, of 

11 which $1,000,000 shall remain available until expended 

12 for construction and renovation of the physical plants at 

13 the Armed Forces Retirement Home—Washington, Dis14 trict of Columbia, and the Armed Forces Retirement 

15 Home—Gulfport, Mississippi. 

16 ADMINISTRATIVE PROVISIONS

17 SEC. 301. Funds appropriated in this Act under the 

18 heading ‘‘Department of Defense—Civil, Cemeterial Ex19 penses, Army’’, may be provided to Arlington County, Vir20 ginia, for the relocation of the federally owned water main 

21 at Arlington National Cemetery, making additional land 

22 available for ground burials. 

23 SEC. 302. Amounts deposited during the current fis24 cal year to the special account established under 10 U.S.C. 

25 4727 are appropriated and shall be available until exVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00363 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
364 

•S 2130 PCS

1 pended to support activities at the Army National Military 

2 Cemeteries. 

3 TITLE IV 

4 GENERAL PROVISIONS 

5 SEC. 401. No part of any appropriation contained in 

6 this Act shall remain available for obligation beyond the 

7 current fiscal year unless expressly so provided herein. 

8 SEC. 402. None of the funds made available in this 

9 Act may be used for any program, project, or activity, 

10 when it is made known to the Federal entity or official 

11 to which the funds are made available that the program, 

12 project, or activity is not in compliance with any Federal 

13 law relating to risk assessment, the protection of private 

14 property rights, or unfunded mandates. 

15 SEC. 403. Such sums as may be necessary for fiscal 

16 year 2016 for pay raises for programs funded by this Act 

17 shall be absorbed within the levels appropriated in this 

18 Act. 

19 SEC. 404. No part of any funds appropriated in this 

20 Act shall be used by an agency of the executive branch, 

21 other than for normal and recognized executive-legislative 

22 relationships, for publicity or propaganda purposes, and 

23 for the preparation, distribution, or use of any kit, pam24 phlet, booklet, publication, radio, television, or film presenVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00364 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
365 

•S 2130 PCS

1 tation designed to support or defeat legislation pending 

2 before Congress, except in presentation to Congress itself. 

3 SEC. 405. All departments and agencies funded under 

4 this Act are encouraged, within the limits of the existing 

5 statutory authorities and funding, to expand their use of 

6 ‘‘E-Commerce’’ technologies and procedures in the con7 duct of their business practices and public service activi8 ties. 

9 SEC. 406. Unless stated otherwise, all reports and no10 tifications required by this Act shall be submitted to the 

11 Subcommittee on Military Construction and Veterans Af12 fairs, and Related Agencies of the Committee on Appro13 priations of the House of Representatives and the Sub14 committee on Military Construction and Veterans Affairs, 

15 and Related Agencies of the Committee on Appropriations 

16 of the Senate. 

17 SEC. 407. None of the funds made available in this 

18 Act may be transferred to any department, agency, or in19 strumentality of the United States Government except 

20 pursuant to a transfer made by, or transfer authority pro21 vided in, this or any other appropriations Act. 

22 SEC. 408. (a) Any agency receiving funds made avail23 able in this Act, shall, subject to subsections (b) and (c), 

24 post on the public Web site of that agency any report re25 quired to be submitted by the Congress in this or any 


emcdonald on DSK67QTVN1PROD with BILLS
366 

•S 2130 PCS

1 other Act, upon the determination by the head of the agen2 cy that it shall serve the national interest. 

3 (b) Subsection (a) shall not apply to a report if— 

4 (1) the public posting of the report com5 promises national security; or 

6 (2) the report contains confidential or propri7 etary information. 

8 (c) The head of the agency posting such report shall 

9 do so only after such report has been made available to 

10 the requesting Committee or Committees of Congress for 

11 no less than 45 days. 

12 SEC. 409. (a) None of the funds made available in 

13 this Act may be used to maintain or establish a computer 

14 network unless such network blocks the viewing, 

15 downloading, and exchanging of pornography. 

16 (b) Nothing in subsection (a) shall limit the use of 

17 funds necessary for any Federal, State, tribal, or local law 

18 enforcement agency or any other entity carrying out crimi19 nal investigations, prosecution, or adjudication activities. 

20 SEC. 410. (a) IN GENERAL.—None of the funds ap21 propriated or otherwise made available to the Department 

22 of Defense in this Act may be used to construct, renovate, 

23 or expand any facility in the United States, its territories, 

24 or possessions to house any individual detained at United 

25 States Naval Station, Guanta ́namo Bay, Cuba, for the 


emcdonald on DSK67QTVN1PROD with BILLS
367 

•S 2130 PCS

1 purposes of detention or imprisonment in the custody or 

2 under the control of the Department of Defense. 

3 (b) The prohibition in subsection (a) shall not apply 

4 to any modification of facilities at United States Naval 

5 Station, Guanta ́namo Bay, Cuba. 

6 (c) An individual described in this subsection is any 

7 individual who, as of June 24, 2009, is located at United 

8 States Naval Station, Guanta ́namo Bay, Cuba, and who— 

9 (1) is not a citizen of the United States or a 

10 member of the Armed Forces of the United States; 

11 and 

12 (2) is— 

13 (A) in the custody or under the effective 

14 control of the Department of Defense; or 

15 (B) otherwise under detention at United 

16 States Naval Station, Guanta ́namo Bay, Cuba. 

17 This division may be cited as the ‘‘Military Construc18 tion, Veterans Affairs, and Related Agencies Appropria19 tions Act, 2016’’. 


emcdonald on DSK67QTVN1PROD with BILLS
368 

•S 2130 PCS

1 DIVISION E—DEPARTMENT OF STATE, 

2 FOREIGN OPERATIONS, AND RELATED 

3 PROGRAMS APPROPRIATIONS ACT, 

4 2016 

5 TITLE I 

6 DEPARTMENT OF STATE AND RELATED 

7 AGENCY 

8 DEPARTMENT OF STATE 

9 ADMINISTRATION OF FOREIGN AFFAIRS

10 DIPLOMATIC AND CONSULAR PROGRAMS

11 For necessary expenses of the Department of State 

12 and the Foreign Service not otherwise provided for, 

13 $6,342,470,000, of which up to $637,164,000 may remain 

14 available until September 30, 2017, and of which up to 

15 $2,094,707,000 may remain available until expended for 

16 Worldwide Security Protection: Provided, That funds 

17 made available under this heading shall be allocated in ac18 cordance with paragraphs (1) through (4) as follows: 

19 (1) HUMAN RESOURCES.—For necessary ex20 penses for training, human resources management, 

21 and salaries, including employment without regard 

22 to civil service and classification laws of persons on 

23 a temporary basis (not to exceed $700,000), as au24 thorized by section 801 of the United States Infor25 mation and Educational Exchange Act of 1948 


emcdonald on DSK67QTVN1PROD with BILLS
369 

•S 2130 PCS

1 (Public Law 80–402), $2,238,853,000, of which up 

2 to $358,833,000 is for Worldwide Security Protec3 tion. 

4 (2) OVERSEAS PROGRAMS.—For necessary ex5 penses for the regional bureaus of the Department 

6 of State and overseas activities as authorized by law, 

7 $1,561,840,000. 

8 (3) DIPLOMATIC POLICY AND SUPPORT.—For 

9 necessary expenses for the functional bureaus of the 

10 Department of State, including representation to 

11 certain international organizations in which the 

12 United States participates pursuant to treaties rati13 fied pursuant to the advice and consent of the Sen14 ate or specific Acts of Congress, general administra15 tion, and arms control, nonproliferation and disar16 mament activities as authorized, $787,951,000. 

17 (4) SECURITY PROGRAMS.—For necessary ex18 penses for security activities, $1,753,826,000, of 

19 which up to $1,735,874,000 is for Worldwide Secu20 rity Protection. 

21 (5) FEES AND PAYMENTS COLLECTED.—In ad22 dition to amounts otherwise made available under 

23 this heading— 

24 (A) not to exceed $1,840,900 shall be de25 rived from fees collected from other executive 


emcdonald on DSK67QTVN1PROD with BILLS
370 

•S 2130 PCS

1 agencies for lease or use of facilities located at 

2 the International Center in accordance with sec3 tion 4 of the International Center Act (Public 

4 Law 97–186), and, in addition, as authorized 

5 by section 5 of such Act, $743,000, to be de6 rived from the reserve authorized by that sec7 tion, to be used for the purposes set out in that 

8 section; 

9 (B) as authorized by section 810 of Public 

10 Law 80–402, not to exceed $5,000,000, to re11 main available until expended, may be credited 

12 to this appropriation from fees or other pay13 ments received from English teaching, library, 

14 motion pictures, and publication programs and 

15 from fees from educational advising and coun16 seling and exchange visitor programs; and 

17 (C) not to exceed $15,000, which shall be 

18 derived from reimbursements, surcharges, and 

19 fees for use of Blair House facilities. 

20 (6) TRANSFER, REPROGRAMMING, AND OTHER

21 MATTERS.— 

22 (A) Notwithstanding any other provision of 

23 this Act, funds may be reprogrammed within 

24 and between paragraphs (1) through (4) under 

25 this heading subject to section 7015 of this Act. 


emcdonald on DSK67QTVN1PROD with BILLS
371 

•S 2130 PCS

1 (B) Of the amount made available under 

2 this heading, not to exceed $10,000,000 may be 

3 transferred to, and merged with, funds made 

4 available by this Act under the heading ‘‘Emer5 gencies in the Diplomatic and Consular Serv6 ice’’, to be available only for emergency evacu7 ations and rewards, as authorized. 

8 (C) Funds appropriated under this heading 

9 are available for acquisition by exchange or pur10 chase of passenger motor vehicles as authorized 

11 by law and, pursuant to section 1108(g) of title 

12 31, United States Code, for the field examina13 tion of programs and activities in the United 

14 States funded from any account contained in 

15 this title. 

16 (D) Of the funds appropriated under this 

17 heading, up to $11,000,000, to remain available 

18 until expended, shall be for Conflict Stabiliza19 tion Operations (CSO) and for related recon20 struction and stabilization assistance to prevent 

21 or respond to conflict or civil strife in foreign 

22 countries or regions, or to enable transition 

23 from such strife: Provided, That additional 

24 funds appropriated under this heading may be 

25 made available, as necessary, only to fund the 


emcdonald on DSK67QTVN1PROD with BILLS
372 

•S 2130 PCS

1 salary and benefit costs for CSO staff employed 

2 on the date of enactment of this Act: Provided 

3 further, That funds appropriated under this 

4 heading may be transferred to, and merged 

5 with, funds previously made available under the 

6 heading ‘‘Conflict Stabilization Operations’’ in 

7 title I of prior acts making appropriations for 

8 the Department of State, foreign operations, 

9 and related programs. 

10 CAPITAL INVESTMENT FUND

11 For necessary expenses of the Capital Investment 

12 Fund, $56,400,000, to remain available until expended, 

13 as authorized. 

14 OFFICE OF INSPECTOR GENERAL

15 For necessary expenses of the Office of Inspector 

16 General, $72,700,000, notwithstanding section 209(a)(1) 

17 of the Foreign Service Act of 1980 (Public Law 96–465), 

18 as it relates to post inspections: Provided, That of the 

19 funds appropriated under this heading, $10,905,000 may 

20 remain available until September 30, 2017. 

21 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

22 For expenses of educational and cultural exchange 

23 programs, as authorized, $590,900,000, to remain avail24 able until expended, of which not less than $236,000,000 

25 shall be for the Fulbright Program: Provided, That fees 


emcdonald on DSK67QTVN1PROD with BILLS
373 

•S 2130 PCS

1 or other payments received from, or in connection with, 

2 English teaching, educational advising and counseling pro3 grams, and exchange visitor programs as authorized may 

4 be credited to this account, to remain available until ex5 pended: Provided further, That a portion of the Fulbright 

6 awards from the Eurasia and Central Asia regions shall 

7 be designated as Edmund S. Muskie Fellowships, fol8 lowing consultation with the Committees on Appropria9 tions: Provided further, That notwithstanding section 

10 62.32(h)(16) of title 22 of the Code of Federal Regula11 tions, the Secretary of State shall permit participants in 

12 the Summer Work Travel program who are admitted 

13 under section 101(a)(15)(J) of the Immigration and Na14 tionality Act (8 U.S.C. 1101(a)(15)(J)) to be employed 

15 in seafood processing positions until September 30, 2016, 

16 if such placements comply with all the requirements of 

17 such program: Provided further, That any substantive 

18 modifications from the prior fiscal year to programs fund19 ed by this Act under this heading shall be subject to prior 

20 consultation with, and the regular notification procedures 

21 of, the Committees on Appropriations. 

22 REPRESENTATION EXPENSES

23 For representation expenses as authorized, 

24 $8,030,000. 


emcdonald on DSK67QTVN1PROD with BILLS
374 

•S 2130 PCS

1 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

2 For expenses, not otherwise provided, to enable the 

3 Secretary of State to provide for extraordinary protective 

4 services, as authorized, $29,807,000, to remain available 

5 until September 30, 2017. 

6 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

7 For necessary expenses for carrying out the Foreign 

8 Service Buildings Act of 1926 (22 U.S.C. 292 et seq.), 

9 preserving, maintaining, repairing, and planning for build10 ings that are owned or directly leased by the Department 

11 of State, renovating, in addition to funds otherwise avail12 able, the Harry S Truman Building, and carrying out the 

13 Diplomatic Security Construction Program as authorized, 

14 $785,097,000, to remain available until expended as au15 thorized, of which not to exceed $25,000 may be used for 

16 domestic and overseas representation expenses as author17 ized: Provided, That none of the funds appropriated in this 

18 paragraph shall be available for acquisition of furniture, 

19 furnishings, or generators for other departments and 

20 agencies. 

21 In addition, for the costs of worldwide security up22 grades, acquisition, and construction as authorized, 

23 $1,300,000,000, to remain available until expended: Pro24 vided, That not later than 45 days after enactment of this 

25 Act, the Secretary of State shall submit to the Committees 


emcdonald on DSK67QTVN1PROD with BILLS
375 

•S 2130 PCS

1 on Appropriations the proposed allocation of funds made 

2 available under this heading and the actual and antici3 pated proceeds of sales for all projects in fiscal year 2016. 

4 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

5 SERVICE

6 For necessary expenses to enable the Secretary of 

7 State to meet unforeseen emergencies arising in the Diplo8 matic and Consular Service, $7,900,000, to remain avail9 able until expended as authorized, of which not to exceed 

10 $1,000,000 may be transferred to, and merged with, funds 

11 appropriated by this Act under the heading ‘‘Repatriation 

12 Loans Program Account’’, subject to the same terms and 

13 conditions. 

14 REPATRIATION LOANS PROGRAM ACCOUNT

15 For the cost of direct loans, $1,300,000, as author16 ized: Provided, That such costs, including the cost of 

17 modifying such loans, shall be as defined in section 502 

18 of the Congressional Budget Act of 1974: Provided fur19 ther, That such funds are available to subsidize gross obli20 gations for the principal amount of direct loans not to ex21 ceed $2,444,528. 

22 PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

23 For necessary expenses to carry out the Taiwan Rela24 tions Act (Public Law 96–8), $30,000,000. 


emcdonald on DSK67QTVN1PROD with BILLS
376 

•S 2130 PCS

1 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

2 DISABILITY FUND

3 For payment to the Foreign Service Retirement and 

4 Disability Fund, as authorized, $158,900,000. 

5 INTERNATIONAL ORGANIZATIONS

6 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

7 For necessary expenses, not otherwise provided for, 

8 to meet annual obligations of membership in international 

9 multilateral organizations, pursuant to treaties ratified 

10 pursuant to the advice and consent of the Senate, conven11 tions or specific Acts of Congress, $1,456,179,000: Pro12 vided, That the Secretary of State shall, at the time of 

13 the submission of the President’s budget to Congress 

14 under section 1105(a) of title 31, United States Code, 

15 transmit to the Committees on Appropriations the most 

16 recent biennial budget prepared by the United Nations for 

17 the operations of the United Nations: Provided further, 

18 That the Secretary of State shall notify the Committees 

19 on Appropriations at least 15 days in advance (or in an 

20 emergency, as far in advance as is practicable) of any 

21 United Nations action to increase funding for any United 

22 Nations program without identifying an offsetting de23 crease elsewhere in the United Nations budget: Provided 

24 further, That not later than May 1, 2016, and 30 days 

25 after the end of fiscal year 2016, the Secretary of State 


emcdonald on DSK67QTVN1PROD with BILLS
377 

•S 2130 PCS

1 shall report to the Committees on Appropriations any 

2 credits available to the United States, including from the 

3 United Nations Tax Equalization Fund, and provide up4 dated fiscal year 2016 and fiscal year 2017 assessment 

5 costs including offsets from available credits and updated 

6 foreign currency exchange rates: Provided further, That 

7 any such credits shall only be available for United States 

8 assessed contributions to the United Nations and the 

9 Committees on Appropriations shall be notified when such 

10 credits are applied to any assessed contribution, including 

11 any payment of arrearages: Provided further, That any no12 tification regarding funds appropriated or otherwise made 

13 available under this heading in this Act or prior Acts mak14 ing appropriations for the Department of State, foreign 

15 operations, and related programs submitted pursuant to 

16 section 7015 of this Act, section 34 of the State Depart17 ment Basic Authorities Act of 1956 (22 U.S.C. 2706), or 

18 any operating plan submitted pursuant to section 7076 

19 of this Act, shall include an estimate of all known credits 

20 currently available to the United States and provide up21 dated assessment costs including offsets from available 

22 credits and updated foreign currency exchange rates: Pro23 vided further, That any payment of arrearages under this 

24 heading shall be directed to activities that are mutually 

25 agreed upon by the United States and the respective interVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00377 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
378 

•S 2130 PCS

1 national organization and shall be subject to the regular 

2 notification procedures of the Committees on Appropria3 tions: Provided further, That none of the funds appro4 priated under this heading shall be available for a United 

5 States contribution to an international organization for 

6 the United States share of interest costs made known to 

7 the United States Government by such organization for 

8 loans incurred on or after October 1, 1984, through exter9 nal borrowings. 

10 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

11 ACTIVITIES

12 For necessary expenses to pay assessed and other ex13 penses of international peacekeeping activities directed to 

14 the maintenance or restoration of international peace and 

15 security, $2,248,223,000, of which 15 percent shall re16 main available until September 30, 2017: Provided, That 

17 none of the funds made available by this Act shall be obli18 gated or expended for any new or expanded United Na19 tions peacekeeping mission unless, at least 15 days in ad20 vance of voting for such mission in the United Nations 

21 Security Council (or in an emergency as far in advance 

22 as is practicable), the Committees on Appropriations are 

23 notified: (1) of the estimated cost and duration of the mis24 sion, the objectives of the mission, the national interest 

25 that will be served, and the exit strategy; and (2) the 


emcdonald on DSK67QTVN1PROD with BILLS
379 

•S 2130 PCS

1 source of funds that will be used to pay the cost of the 

2 new or expanded mission, and the estimated cost in future 

3 fiscal years: Provided further, That none of the funds ap4 propriated under this heading may be made available for 

5 obligation unless the Secretary of State certifies and re6 ports to the Committees on Appropriations on a peace7 keeping mission-by-mission basis that the United Nations 

8 is implementing effective policies and procedures to pre9 vent United Nations employees, contractor personnel, and 

10 peacekeeping troops serving in such mission from traf11 ficking in persons, exploiting victims of trafficking, or 

12 committing acts of illegal sexual exploitation or other vio13 lations of human rights, and to bring to justice individuals 

14 who engage in such acts while participating in such mis15 sion, including prosecution in their home countries and 

16 making information about such prosecutions publicly 

17 available on the Web site of the United Nations: Provided 

18 further, That funds shall be available for peacekeeping ex19 penses unless the Secretary of State determines that 

20 American manufacturers and suppliers are not being given 

21 opportunities to provide equipment, services, and material 

22 for United Nations peacekeeping activities equal to those 

23 being given to foreign manufacturers and suppliers: Pro24 vided further, That the Secretary of State shall work with 

25 the United Nations and foreign governments contributing 


emcdonald on DSK67QTVN1PROD with BILLS
380 

•S 2130 PCS

1 peacekeeping troops to implement effective vetting proce2 dures to ensure that such troops have not violated human 

3 rights, and shall submit a report to the Committees on 

4 Appropriations not later than 90 days after enactment of 

5 this Act assessing the effectiveness of such procedures: 

6 Provided further, That none of the funds appropriated or 

7 otherwise made available under this heading may be used 

8 for any United Nations peacekeeping mission that will in9 volve United States Armed Forces under the command or 

10 operational control of a foreign national, unless the Presi11 dent’s military advisors have submitted to the President 

12 a recommendation that such involvement is in the national 

13 interest of the United States and the President has sub14 mitted to Congress such a recommendation: Provided fur15 ther, That not later than May 1, 2016, and 30 days after 

16 the end of fiscal year 2016, the Secretary of State shall 

17 report to the Committees on Appropriations any credits 

18 available to the United States, including those resulting 

19 from United Nations peacekeeping missions or the United 

20 Nations Tax Equalization Fund, and provide updated fis21 cal year 2016 and fiscal year 2017 assessment costs in22 cluding offsets from available credits: Provided further, 

23 That any such credits shall only be available for United 

24 States assessed contributions to the United Nations, and 

25 the Committees on Appropriations shall be notified when 


emcdonald on DSK67QTVN1PROD with BILLS
381 

•S 2130 PCS

1 such credits are applied to any assessed contribution, in2 cluding any payment of arrearages: Provided further, That 

3 any notification regarding funds appropriated or otherwise 

4 made available under this heading in this Act or prior Acts 

5 making appropriations for the Department of State, for6 eign operations, and related programs submitted pursuant 

7 to section 7015 of this Act, section 34 of the State Depart8 ment Basic Authorities Act of 1956 (22 U.S.C. 2706), or 

9 any operating plan submitted pursuant to section 7076 

10 of this Act, shall include an estimate of all known credits 

11 currently available to the United States and provide up12 dated assessment costs including offsets from available 

13 credits: Provided further, That notwithstanding any other 

14 provision of law, funds appropriated or otherwise made 

15 available under this heading may be made available for 

16 United States assessed contributions up to the amount 

17 specified in the Annex accompanying United Nations Gen18 eral Assembly document A/67/224/Add.1, if the Secretary 

19 of State determines and reports to the appropriate con20 gressional committees that to do so is important to the 

21 national interest of the United States. 

22 INTERNATIONAL COMMISSIONS

23 For necessary expenses, not otherwise provided for, 

24 to meet obligations of the United States arising under 

25 treaties, or specific Acts of Congress, as follows: 


emcdonald on DSK67QTVN1PROD with BILLS
382 

•S 2130 PCS

1 INTERNATIONAL BOUNDARY AND WATER COMMISSION, 

2 UNITED STATES AND MEXICO

3 For necessary expenses for the United States Section 

4 of the International Boundary and Water Commission, 

5 United States and Mexico, and to comply with laws appli6 cable to the United States Section, including not to exceed 

7 $6,000 for representation expenses; as follows: 

8 SALARIES AND EXPENSES

9 For salaries and expenses, not otherwise provided for, 

10 $45,307,000. 

11 CONSTRUCTION

12 For detailed plan preparation and construction of au13 thorized projects, $28,400,000, to remain available until 

14 expended, as authorized. 

15 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

16 For necessary expenses, not otherwise provided, for 

17 the International Joint Commission and the International 

18 Boundary Commission, United States and Canada, as au19 thorized by treaties between the United States and Can20 ada or Great Britain, and the Border Environment Co21 operation Commission as authorized by the North Amer22 ican Free Trade Agreement Implementation Act, 

23 $12,330,000: Provided, That of the amount provided 

24 under this heading for the International Joint Commis25 sion, up to $500,000 may remain available until SepVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00382 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
383 

•S 2130 PCS

1 tember 30, 2017, and $9,000 may be made available for 

2 representation expenses. 

3 INTERNATIONAL FISHERIES COMMISSIONS

4 For necessary expenses for international fisheries 

5 commissions, not otherwise provided for, as authorized by 

6 law, $36,681,000: Provided, That the United States share 

7 of such expenses may be advanced to the respective com8 missions pursuant to section 3324 of title 31, United 

9 States Code. 

10 RELATED AGENCY 

11 BROADCASTING BOARD OF GOVERNORS

12 INTERNATIONAL BROADCASTING OPERATIONS

13 For necessary expenses to enable the Broadcasting 

14 Board of Governors (BBG), as authorized, to carry out 

15 international communication activities, and to make and 

16 supervise grants for radio and television broadcasting to 

17 the Middle East, $728,257,000: Provided, That in addi18 tion to amounts otherwise available for such purposes, up 

19 to $28,635,000 of the amount appropriated under this 

20 heading may remain available until expended for satellite 

21 transmissions and Internet freedom programs, of which 

22 not less than $12,500,000 shall be for Internet freedom 

23 programs: Provided further, That of the total amount ap24 propriated under this heading, not to exceed $35,000 may 

25 be used for representation expenses, of which $10,000 


emcdonald on DSK67QTVN1PROD with BILLS
384 

•S 2130 PCS

1 may be used for representation expenses within the United 

2 States as authorized, and not to exceed $30,000 may be 

3 used for representation expenses of Radio Free Europe/ 

4 Radio Liberty: Provided further, That the authority pro5 vided by section 504(c) of the Foreign Relations Author6 ization Act, Fiscal Year 2003 (Public Law 107–228; 22 

7 U.S.C. 6206 note) shall remain in effect through Sep8 tember 30, 2016: Provided further, That the BBG shall 

9 notify the Committees on Appropriations within 15 days 

10 of any determination by the Board that any of its broad11 cast entities, including its grantee organizations, provides 

12 an open platform for international terrorists or those who 

13 support international terrorism, or is in violation of the 

14 principles and standards set forth in subsections (a) and 

15 (b) of section 303 of the United States International 

16 Broadcasting Act of 1994 (22 U.S.C. 6202) or the entity’s 

17 journalistic code of ethics: Provided further, That signifi18 cant modifications to BBG broadcast hours previously jus19 tified to Congress, including changes to transmission plat20 forms (shortwave, medium wave, satellite, Internet, and 

21 television), for all BBG language services shall be subject 

22 to the regular notification procedures of the Committees 

23 on Appropriations: Provided further, That in addition to 

24 funds made available under this heading, and notwith25 standing any other provision of law, up to $5,000,000 in 


emcdonald on DSK67QTVN1PROD with BILLS
385 

•S 2130 PCS

1 receipts from advertising and revenue from business ven2 tures, up to $500,000 in receipts from cooperating inter3 national organizations, and up to $1,000,000 in receipts 

4 from privatization efforts of the Voice of America and the 

5 International Broadcasting Bureau, shall remain available 

6 until expended for carrying out authorized purposes. 

7 BROADCASTING CAPITAL IMPROVEMENTS

8 For the purchase, rent, construction, repair, preser9 vation, and improvement of facilities for radio, television, 

10 and digital transmission and reception; the purchase, rent, 

11 and installation of necessary equipment for radio, tele12 vision, and digital transmission and reception, including 

13 to Cuba, as authorized; and physical security worldwide, 

14 in addition to amounts otherwise available for such pur15 poses, $4,800,000, to remain available until expended, as 

16 authorized. 

17 RELATED PROGRAMS 

18 THE ASIA FOUNDATION

19 For a grant to The Asia Foundation, as authorized 

20 by The Asia Foundation Act (22 U.S.C. 4402), 

21 $17,000,000, to remain available until expended. 

22 UNITED STATES INSTITUTE OF PEACE

23 For necessary expenses of the United States Institute 

24 of Peace, as authorized by the United States Institute of 

25 Peace Act (22 U.S.C. 4601 et seq.), $35,300,000, to reVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00385 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
386 

•S 2130 PCS

1 main available until September 30, 2017, which shall not 

2 be used for construction activities. 

3 CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE

4 TRUST FUND

5 For necessary expenses of the Center for Middle 

6 Eastern-Western Dialogue Trust Fund, as authorized by 

7 section 633 of the Departments of Commerce, Justice, and 

8 State, the Judiciary, and Related Agencies Appropriations 

9 Act, 2004 (22 U.S.C. 2078), the total amount of the inter10 est and earnings accruing to such Fund on or before Sep11 tember 30, 2016, to remain available until expended. 

12 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

13 For necessary expenses of Eisenhower Exchange Fel14 lowships, Incorporated, as authorized by sections 4 and 

15 5 of the Eisenhower Exchange Fellowship Act of 1990 (20 

16 U.S.C. 5204–5205), all interest and earnings accruing to 

17 the Eisenhower Exchange Fellowship Program Trust 

18 Fund on or before September 30, 2016, to remain avail19 able until expended: Provided, That none of the funds ap20 propriated herein shall be used to pay any salary or other 

21 compensation, or to enter into any contract providing for 

22 the payment thereof, in excess of the rate authorized by 

23 section 5376 of title 5, United States Code; or for pur24 poses which are not in accordance with section 200 of title 


emcdonald on DSK67QTVN1PROD with BILLS
387 

•S 2130 PCS

1 2 of the Code of Federal Regulations, including the re2 strictions on compensation for personal services. 

3 ISRAELI ARAB SCHOLARSHIP PROGRAM

4 For necessary expenses of the Israeli Arab Scholar5 ship Program, as authorized by section 214 of the Foreign 

6 Relations Authorization Act, Fiscal Years 1992 and 1993 

7 (22 U.S.C. 2452), all interest and earnings accruing to 

8 the Israeli Arab Scholarship Fund on or before September 

9 30, 2016, to remain available until expended. 

10 EAST-WEST CENTER

11 To enable the Secretary of State to provide for car12 rying out the provisions of the Center for Cultural and 

13 Technical Interchange Between East and West Act of 

14 1960, by grant to the Center for Cultural and Technical 

15 Interchange Between East and West in the State of Ha16 waii, $16,700,000. 

17 NATIONAL ENDOWMENT FOR DEMOCRACY

18 For grants made by the Department of State to the 

19 National Endowment for Democracy, as authorized by the 

20 National Endowment for Democracy Act (22 U.S.C. 

21 4412), $170,000,000, to remain available until expended. 


emcdonald on DSK67QTVN1PROD with BILLS
388 

•S 2130 PCS

1 OTHER COMMISSIONS 

2 COMMISSION FOR THE PRESERVATION OF AMERICA’S

3 HERITAGE ABROAD

4 SALARIES AND EXPENSES

5 For necessary expenses for the Commission for the 

6 Preservation of America’s Heritage Abroad, $676,000, as 

7 authorized by chapter 3123 of title 54, United States 

8 Code: Provided, That the Commission may procure tem9 porary, intermittent, and other services notwithstanding 

10 paragraph (3) of section 312304(b) of such chapter: Pro11 vided further, That such authority shall terminate on Oc12 tober 1, 2016: Provided further, That the Commission 

13 shall consult with the Committees on Appropriations prior 

14 to exercising such authority. 

15 UNITED STATES COMMISSION ON INTERNATIONAL

16 RELIGIOUS FREEDOM

17 SALARIES AND EXPENSES

18 For necessary expenses for the United States Com19 mission on International Religious Freedom established in 

20 title II of the International Religious Freedom Act of 1998 

21 (22 U.S.C. 6431 et seq.), $3,500,000, to remain available 

22 until September 30, 2017, including not more than $4,000 

23 for representation expenses, subject to authorization. 


emcdonald on DSK67QTVN1PROD with BILLS
389 

•S 2130 PCS

1 COMMISSION ON SECURITY AND COOPERATION IN

2 EUROPE

3 SALARIES AND EXPENSES

4 For necessary expenses of the Commission on Secu5 rity and Cooperation in Europe, as authorized by sections 

6 3001 et seq. of title 22, United States Code, $2,579,000, 

7 including not more than $4,000 for representation ex8 penses, to remain available until September 30, 2017. 

9 CONGRESSIONAL-EXECUTIVE COMMISSION ON THE

10 PEOPLE’S REPUBLIC OF CHINA

11 SALARIES AND EXPENSES

12 For necessary expenses of the Congressional-Execu13 tive Commission on the People’s Republic of China, as au14 thorized by title III of the U.S.-China Relations Act of 

15 2000 (22 U.S.C. 6911 et seq.), $2,000,000, including not 

16 more than $3,000 for representation expenses, to remain 

17 available until September 30, 2017. 

18 UNITED STATES-CHINA ECONOMIC AND SECURITY

19 REVIEW COMMISSION

20 SALARIES AND EXPENSES

21 For necessary expenses of the United States-China 

22 Economic and Security Review Commission, as authorized 

23 by section 1238 of the Floyd D. Spence National Defense 

24 Authorization Act for Fiscal Year 2001 (22 U.S.C. 7002), 

25 $3,500,000, including not more than $4,000 for represenVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00389 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
390 

•S 2130 PCS

1 tation expenses, to remain available until September 30, 

2 2017: Provided, That the authorities, requirements, limi3 tations, and conditions contained in the second through 

4 sixth provisos under this heading in the Department of 

5 State, Foreign Operations, and Related Programs Appro6 priations Act, 2010 (division F of Public Law 111–117) 

7 shall continue in effect during fiscal year 2016 and shall 

8 apply to funds appropriated under this heading as if in9 cluded in this Act. 

10 TITLE II 

11 UNITED STATES AGENCY FOR INTERNATIONAL 

12 DEVELOPMENT 

13 FUNDS APPROPRIATED TO THE PRESIDENT

14 OPERATING EXPENSES

15 For necessary expenses to carry out the provisions 

16 of section 667 of the Foreign Assistance Act of 1961, 

17 $1,143,614,000, of which up to $171,542,000 may remain 

18 available until September 30, 2017: Provided, That none 

19 of the funds appropriated under this heading and under 

20 the heading ‘‘Capital Investment Fund’’ in this title may 

21 be made available to finance the construction (including 

22 architect and engineering services), purchase, or long-term 

23 lease of offices for use by the United States Agency for 

24 International Development (USAID), unless the USAID 

25 Administrator has identified such proposed use of funds 


emcdonald on DSK67QTVN1PROD with BILLS
391 

•S 2130 PCS

1 in a report submitted to the Committees on Appropria2 tions at least 15 days prior to the obligation of funds for 

3 such purposes: Provided further, That contracts or agree4 ments entered into with funds appropriated under this 

5 heading may entail commitments for the expenditure of 

6 such funds through the following fiscal year: Provided fur7 ther, That the authority of sections 610 and 109 of the 

8 Foreign Assistance Act of 1961 may be exercised by the 

9 Secretary of State to transfer funds appropriated to carry 

10 out chapter 1 of part I of such Act to ‘‘Operating Ex11 penses’’ in accordance with the provisions of those sec12 tions: Provided further, That of the funds appropriated or 

13 made available under this heading, not to exceed $250,000 

14 may be available for representation and entertainment ex15 penses, of which not to exceed $5,000 may be available 

16 for entertainment expenses, and not to exceed $100,500 

17 shall be for official residence expenses, for USAID during 

18 the current fiscal year. 

19 CAPITAL INVESTMENT FUND

20 For necessary expenses for overseas construction and 

21 related costs, and for the procurement and enhancement 

22 of information technology and related capital investments, 

23 pursuant to section 667 of the Foreign Assistance Act of 

24 1961, $168,300,000, to remain available until expended: 

25 Provided, That this amount is in addition to funds otherVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00391 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
392 

•S 2130 PCS

1 wise available for such purposes: Provided further, That 

2 funds appropriated under this heading shall be available 

3 subject to the regular notification procedures of the Com4 mittees on Appropriations. 

5 OFFICE OF INSPECTOR GENERAL

6 For necessary expenses to carry out the provisions 

7 of section 667 of the Foreign Assistance Act of 1961, 

8 $66,000,000, of which up to $9,900,000 may remain 

9 available until September 30, 2017, for the Office of In10 spector General of the United States Agency for Inter11 national Development. 

12 TITLE III 

13 BILATERAL ECONOMIC ASSISTANCE 

14 FUNDS APPROPRIATED TO THE PRESIDENT

15 For necessary expenses to enable the President to 

16 carry out the provisions of the Foreign Assistance Act of 

17 1961, and for other purposes, as follows: 

18 GLOBAL HEALTH PROGRAMS

19 For necessary expenses to carry out the provisions 

20 of chapters 1 and 10 of part I of the Foreign Assistance 

21 Act of 1961, for global health activities, in addition to 

22 funds otherwise available for such purposes, 

23 $2,798,000,000, to remain available until September 30, 

24 2017, and which shall be apportioned directly to the 

25 United States Agency for International Development 


emcdonald on DSK67QTVN1PROD with BILLS
393 

•S 2130 PCS

1 (USAID): Provided, That this amount shall be made avail2 able for training, equipment, and technical assistance to 

3 build the capacity of public health institutions and organi4 zations in developing countries, and for such activities as: 

5 (1) child survival and maternal health programs; (2) im6 munization and oral rehydration programs; (3) other 

7 health, nutrition, water and sanitation programs which di8 rectly address the needs of mothers and children, and re9 lated education programs; (4) assistance for children dis10 placed or orphaned by causes other than AIDS; (5) pro11 grams for the prevention, treatment, control of, and re12 search on HIV/AIDS, tuberculosis, polio, malaria, and 

13 other infectious diseases including neglected tropical dis14 eases, and for assistance to communities severely affected 

15 by HIV/AIDS, including children infected or affected by 

16 AIDS; (6) disaster preparedness training for health crises; 

17 and (7) family planning/reproductive health: Provided fur18 ther, That funds appropriated under this paragraph may 

19 be made available for a United States contribution to 

20 GAVI, the Vaccine Alliance: Provided further, That none 

21 of the funds made available in this Act nor any unobli22 gated balances from prior appropriations Acts may be 

23 made available to any organization or program which, as 

24 determined by the President of the United States, sup25 ports or participates in the management of a program of 


emcdonald on DSK67QTVN1PROD with BILLS
394 

•S 2130 PCS

1 coercive abortion or involuntary sterilization: Provided fur2 ther, That any determination made under the previous 

3 proviso must be made not later than 6 months after the 

4 date of enactment of this Act, and must be accompanied 

5 by the evidence and criteria utilized to make the deter6 mination: Provided further, That none of the funds made 

7 available under this Act may be used to pay for the per8 formance of abortion as a method of family planning or 

9 to motivate or coerce any person to practice abortions: 

10 Provided further, That nothing in this paragraph shall be 

11 construed to alter any existing statutory prohibitions 

12 against abortion under section 104 of the Foreign Assist13 ance Act of 1961: Provided further, That none of the funds 

14 made available under this Act may be used to lobby for 

15 or against abortion: Provided further, That in order to re16 duce reliance on abortion in developing nations, funds 

17 shall be available only to voluntary family planning 

18 projects which offer, either directly or through referral to, 

19 or information about access to, a broad range of family 

20 planning methods and services, and that any such vol21 untary family planning project shall meet the following re22 quirements: (1) service providers or referral agents in the 

23 project shall not implement or be subject to quotas, or 

24 other numerical targets, of total number of births, number 

25 of family planning acceptors, or acceptors of a particular 


emcdonald on DSK67QTVN1PROD with BILLS
395 

•S 2130 PCS

1 method of family planning (this provision shall not be con2 strued to include the use of quantitative estimates or indi3 cators for budgeting and planning purposes); (2) the 

4 project shall not include payment of incentives, bribes, 

5 gratuities, or financial reward to: (A) an individual in ex6 change for becoming a family planning acceptor; or (B) 

7 program personnel for achieving a numerical target or 

8 quota of total number of births, number of family planning 

9 acceptors, or acceptors of a particular method of family 

10 planning; (3) the project shall not deny any right or ben11 efit, including the right of access to participate in any pro12 gram of general welfare or the right of access to health 

13 care, as a consequence of any individual’s decision not to 

14 accept family planning services; (4) the project shall pro15 vide family planning acceptors comprehensible information 

16 on the health benefits and risks of the method chosen, in17 cluding those conditions that might render the use of the 

18 method inadvisable and those adverse side effects known 

19 to be consequent to the use of the method; and (5) the 

20 project shall ensure that experimental contraceptive drugs 

21 and devices and medical procedures are provided only in 

22 the context of a scientific study in which participants are 

23 advised of potential risks and benefits; and, not less than 

24 60 days after the date on which the USAID Administrator 

25 determines that there has been a violation of the requireVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00395 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
396 

•S 2130 PCS

1 ments contained in paragraph (1), (2), (3), or (5) of this 

2 proviso, or a pattern or practice of violations of the re3 quirements contained in paragraph (4) of this proviso, the 

4 Administrator shall submit to the Committees on Appro5 priations a report containing a description of such viola6 tion and the corrective action taken by the Agency: Pro7 vided further, That in awarding grants for natural family 

8 planning under section 104 of the Foreign Assistance Act 

9 of 1961 no applicant shall be discriminated against be10 cause of such applicant’s religious or conscientious com11 mitment to offer only natural family planning; and, addi12 tionally, all such applicants shall comply with the require13 ments of the previous proviso: Provided further, That for 

14 purposes of this or any other Act authorizing or appro15 priating funds for the Department of State, foreign oper16 ations, and related programs, the term ‘‘motivate’’, as it 

17 relates to family planning assistance, shall not be con18 strued to prohibit the provision, consistent with local law, 

19 of information or counseling about all pregnancy options: 

20 Provided further, That information provided about the use 

21 of condoms as part of projects or activities that are funded 

22 from amounts appropriated by this Act shall be medically 

23 accurate and shall include the public health benefits and 

24 failure rates of such use. 


emcdonald on DSK67QTVN1PROD with BILLS
397 

•S 2130 PCS

1 In addition, for necessary expenses to carry out the 

2 provisions of the Foreign Assistance Act of 1961 for the 

3 prevention, treatment, and control of, and research on, 

4 HIV/AIDS, $5,670,000,000, to remain available until 

5 September 30, 2020, which shall be apportioned directly 

6 to the Department of State: Provided, That funds appro7 priated under this paragraph may be made available, not8 withstanding any other provision of law, except for the 

9 United States Leadership Against HIV/AIDS, Tuber10 culosis, and Malaria Act of 2003 (Public Law 108–25), 

11 as amended, for a United States contribution to the Global 

12 Fund to Fight AIDS, Tuberculosis and Malaria (Global 

13 Fund), and shall be expended at the minimum rate nec14 essary to make timely payment for projects and activities: 

15 Provided further, That the amount of such contribution 

16 should be $1,350,000,000: Provided further, That 

17 amounts specified for such a contribution in this Act or 

18 in the Department of State, Foreign Operations, and Re19 lated Programs Appropriations Act, 2015 (division J of 

20 Public Law 113–235) may be made available notwith21 standing section 202(d)(4)(A)(i) of Public Law 108–25: 

22 Provided further, That up to 5 percent of the aggregate 

23 amount of funds made available to the Global Fund in 

24 fiscal year 2016 may be made available to USAID for 

25 technical assistance related to the activities of the Global 


emcdonald on DSK67QTVN1PROD with BILLS
398 

•S 2130 PCS

1 Fund: Provided further, That of the funds appropriated 

2 under this paragraph, up to $17,000,000 may be made 

3 available, in addition to amounts otherwise available for 

4 such purposes, for administrative expenses of the Office 

5 of the United States Global AIDS Coordinator. 

6 DEVELOPMENT ASSISTANCE

7 For necessary expenses to carry out the provisions 

8 of sections 103, 105, 106, 214, and sections 251 through 

9 255, and chapter 10 of part I of the Foreign Assistance 

10 Act of 1961, $2,637,854,000, to remain available until 

11 September 30, 2017. 

12 INTERNATIONAL DISASTER ASSISTANCE

13 For necessary expenses to carry out the provisions 

14 of section 491 of the Foreign Assistance Act of 1961 for 

15 international disaster relief, rehabilitation, and recon16 struction assistance, $560,000,000, to remain available 

17 until expended. 

18 TRANSITION INITIATIVES

19 For necessary expenses for international disaster re20 habilitation and reconstruction assistance pursuant to sec21 tion 491 of the Foreign Assistance Act of 1961, 

22 $47,000,000, to remain available until expended, to sup23 port transition to democracy and long-term development 

24 for countries in crisis: Provided, That such support may 

25 include assistance to develop, strengthen, or preserve 


emcdonald on DSK67QTVN1PROD with BILLS
399 

•S 2130 PCS

1 democratic institutions and processes, revitalize basic in2 frastructure, and foster the peaceful resolution of conflict: 

3 Provided further, That the USAID Administrator shall 

4 submit a report to the Committees on Appropriations at 

5 least 5 days prior to beginning a new program of assist6 ance: Provided further, That if the Secretary of State de7 termines that it is important to the national interest of 

8 the United States to provide transition assistance in ex9 cess of the amount appropriated under this heading, up 

10 to $15,000,000 of the funds appropriated by this Act to 

11 carry out the provisions of part I of the Foreign Assist12 ance Act of 1961 may be used for purposes of this heading 

13 and under the authorities applicable to funds appropriated 

14 under this heading: Provided further, That funds made 

15 available pursuant to the previous proviso shall be made 

16 available subject to prior consultation with the Committees 

17 on Appropriations. 

18 COMPLEX CRISES FUND

19 (INCLUDING TRANSFER OF FUNDS)

20 For necessary expenses to carry out the provisions 

21 of the Foreign Assistance Act of 1961 to support pro22 grams and activities to prevent or respond to emerging 

23 or unforeseen foreign challenges and complex crises over24 seas, $30,000,000, to remain available until expended: 

25 Provided, That funds appropriated under this heading 


emcdonald on DSK67QTVN1PROD with BILLS
400 

•S 2130 PCS

1 may be made available on such terms and conditions as 

2 are appropriate and necessary for the purposes of pre3 venting or responding to such challenges and crises, except 

4 that no funds shall be made available for lethal assistance 

5 or to respond to natural disasters: Provided further, That 

6 funds appropriated under this heading may be made avail7 able notwithstanding any other provision of law, except 

8 sections 7007, 7008, and 7018 of this Act and section 

9 620M of the Foreign Assistance Act of 1961: Provided 

10 further, That funds appropriated under this heading may 

11 be used for administrative expenses, in addition to funds 

12 otherwise made available for such purposes, except that 

13 such expenses may not exceed 5 percent of the funds ap14 propriated under this heading: Provided further, That 

15 funds appropriated under this heading shall be subject to 

16 the regular notification procedures of the Committees on 

17 Appropriations, except that such notifications shall be 

18 transmitted at least 5 days prior to the obligation of 

19 funds. 

20 DEVELOPMENT CREDIT AUTHORITY

21 For the cost of direct loans and loan guarantees pro22 vided by the United States Agency for International De23 velopment (USAID), as authorized by sections 256 and 

24 635 of the Foreign Assistance Act of 1961, up to 

25 $40,000,000 may be derived by transfer from funds apVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00400 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
401 

•S 2130 PCS

1 propriated by this Act to carry out part I of such Act and 

2 under the heading ‘‘Assistance for Europe, Eurasia and 

3 Central Asia’’: Provided, That funds provided under this 

4 paragraph and funds provided as a gift that are used for 

5 purposes of this paragraph pursuant to section 635(d) of 

6 the Foreign Assistance Act of 1961 shall be made avail7 able only for micro- and small enterprise programs, urban 

8 programs, and other programs which further the purposes 

9 of part I of such Act: Provided further, That such costs, 

10 including the cost of modifying such direct and guaranteed 

11 loans, shall be as defined in section 502 of the Congres12 sional Budget Act of 1974, as amended: Provided further, 

13 That funds made available by this paragraph may be used 

14 for the cost of modifying any such guaranteed loans under 

15 this Act or prior Acts making appropriations for the De16 partment of State, foreign operations, and related pro17 grams, and funds used for such costs shall be subject to 

18 the regular notification procedures of the Committees on 

19 Appropriations: Provided further, That the provisions of 

20 section 107A(d) (relating to general provisions applicable 

21 to the Development Credit Authority) of the Foreign As22 sistance Act of 1961, as contained in section 306 of H.R. 

23 1486 as reported by the House Committee on Inter24 national Relations on May 9, 1997, shall be applicable to 

25 direct loans and loan guarantees provided under this headVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00401 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
402 

•S 2130 PCS

1 ing, except that the principal amount of loans made or 

2 guaranteed under this heading with respect to any single 

3 country shall not exceed $300,000,000: Provided further, 

4 That these funds are available to subsidize total loan prin5 cipal, any portion of which is to be guaranteed, of up to 

6 $1,500,000,000. 

7 In addition, for administrative expenses to carry out 

8 credit programs administered by USAID, $8,120,000, 

9 which may be transferred to, and merged with, funds 

10 made available under the heading ‘‘Operating Expenses’’ 

11 in title II of this Act: Provided, That funds made available 

12 under this heading shall remain available until September 

13 30, 2018. 

14 ECONOMIC SUPPORT FUND

15 For necessary expenses to carry out the provisions 

16 of chapter 4 of part II of the Foreign Assistance Act of 

17 1961, $1,991,070,000, to remain available until Sep18 tember 30, 2017. 

19 DEMOCRACY FUND

20 For necessary expenses to carry out the provisions 

21 of the Foreign Assistance Act of 1961 for the promotion 

22 of democracy globally, $140,500,000, to remain available 

23 until September 30, 2017. 


emcdonald on DSK67QTVN1PROD with BILLS
403 

•S 2130 PCS

1 ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

2 For necessary expenses to carry out the provisions 

3 of the Foreign Assistance Act of 1961, the FREEDOM 

4 Support Act (Public Law 102–511), and the Support for 

5 Eastern European Democracy (SEED) Act of 1989 (Pub6 lic Law 101–179), $443,061,000, to remain available until 

7 September 30, 2017, which shall be available, notwith8 standing any other provision of law, except section 7070 

9 of this Act, for assistance and related programs for coun10 tries identified in section 3 of Public Law 102–511 and 

11 section 3(c) of Public Law 101–179, in addition to funds 

12 otherwise available for such purposes: Provided, That 

13 funds appropriated by this Act under the heading ‘‘Global 

14 Health Programs’’ for assistance for such countries shall 

15 be administered in accordance with the responsibilities of 

16 the coordinator designated pursuant to section 102 of 

17 Public Law 102–511 and section 601 of Public Law 101– 

18 179: Provided further, That funds appropriated under this 

19 heading shall be considered to be economic assistance 

20 under the Foreign Assistance Act of 1961 for purposes 

21 of making available the administrative authorities con22 tained in that Act for the use of economic assistance. 


emcdonald on DSK67QTVN1PROD with BILLS
404 

•S 2130 PCS

1 DEPARTMENT OF STATE

2 MIGRATION AND REFUGEE ASSISTANCE

3 For necessary expenses not otherwise provided for, 

4 to enable the Secretary of State to carry out the provisions 

5 of section 2(a) and (b) of the Migration and Refugee As6 sistance Act of 1962, and other activities to meet refugee 

7 and migration needs; salaries and expenses of personnel 

8 and dependents as authorized by the Foreign Service Act 

9 of 1980; allowances as authorized by sections 5921 

10 through 5925 of title 5, United States Code; purchase and 

11 hire of passenger motor vehicles; and services as author12 ized by section 3109 of title 5, United States Code, 

13 $931,886,000, to remain available until expended, of 

14 which not less than $35,000,000 shall be made available 

15 to respond to small-scale emergency humanitarian require16 ments, and $10,000,000 shall be made available for refu17 gees resettling in Israel. 

18 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

19 ASSISTANCE FUND

20 For necessary expenses to carry out the provisions 

21 of section 2(c) of the Migration and Refugee Assistance 

22 Act of 1962, as amended (22 U.S.C. 2601(c)), 

23 $50,000,000, to remain available until expended. 


emcdonald on DSK67QTVN1PROD with BILLS
405 

•S 2130 PCS

1 INDEPENDENT AGENCIES

2 PEACE CORPS

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses to carry out the provisions 

5 of the Peace Corps Act (22 U.S.C. 2501 et seq.), including 

6 the purchase of not to exceed five passenger motor vehicles 

7 for administrative purposes for use outside of the United 

8 States, $379,500,000, of which $5,150,000 is for the Of9 fice of Inspector General, to remain available until Sep10 tember 30, 2017: Provided, That the Director of the Peace 

11 Corps may transfer to the Foreign Currency Fluctuations 

12 Account, as authorized by section 16 of the Peace Corps 

13 Act (22 U.S.C. 2515), an amount not to exceed 

14 $5,000,000: Provided further, That funds transferred pur15 suant to the previous proviso may not be derived from 

16 amounts made available for Peace Corps overseas oper17 ations: Provided further, That of the funds appropriated 

18 under this heading, not to exceed $104,000 may be avail19 able for representation expenses, of which not to exceed 

20 $4,000 may be made available for entertainment expenses: 

21 Provided further, That any decision to open, close, signifi22 cantly reduce, or suspend a domestic or overseas office or 

23 country program shall be subject to prior consultation 

24 with, and the regular notification procedures of, the Com25 mittees on Appropriations, except that prior consultation 


emcdonald on DSK67QTVN1PROD with BILLS
406 

•S 2130 PCS

1 and regular notification procedures may be waived when 

2 there is a substantial security risk to volunteers or other 

3 Peace Corps personnel, pursuant to section 7015(e) of this 

4 Act: Provided further, That none of the funds appropriated 

5 under this heading shall be used to pay for abortions: Pro6 vided further, That notwithstanding the previous proviso, 

7 section 614 of division E of Public Law 113–76 shall 

8 apply to funds appropriated under this heading. 

9 MILLENNIUM CHALLENGE CORPORATION

10 For necessary expenses to carry out the provisions 

11 of the Millennium Challenge Act of 2003 (22 U.S.C. 7701 

12 et seq.) (MCA), $901,000,000, to remain available until 

13 expended: Provided, That of the funds appropriated under 

14 this heading, up to $105,000,000 may be available for ad15 ministrative expenses of the Millennium Challenge Cor16 poration (the Corporation): Provided further, That up to 

17 5 percent of the funds appropriated under this heading 

18 may be made available to carry out the purposes of section 

19 616 of the MCA for fiscal year 2016: Provided further, 

20 That section 605(e) of the MCA shall apply to funds ap21 propriated under this heading: Provided further, That 

22 funds appropriated under this heading may be made avail23 able for a Millennium Challenge Compact entered into 

24 pursuant to section 609 of the MCA only if such Compact 

25 obligates, or contains a commitment to obligate subject to 


emcdonald on DSK67QTVN1PROD with BILLS
407 

•S 2130 PCS

1 the availability of funds and the mutual agreement of the 

2 parties to the Compact to proceed, the entire amount of 

3 the United States Government funding anticipated for the 

4 duration of the Compact: Provided further, That the Chief 

5 Executive Officer of the Corporation shall notify the Com6 mittees on Appropriations not later than 15 days prior to 

7 commencing negotiations for any country compact or 

8 threshold country program; signing any such compact or 

9 threshold program; or terminating or suspending any such 

10 compact or threshold program: Provided further, That 

11 funds appropriated under this heading by this Act and 

12 prior Acts making appropriations for the Department of 

13 State, foreign operations, and related programs that are 

14 available to implement section 609(g) of the MCA shall 

15 be subject to the regular notification procedures of the 

16 Committees on Appropriations: Provided further, That no 

17 country should be eligible for a threshold program after 

18 such country has completed a country compact: Provided 

19 further, That any funds that are deobligated from a Mil20 lennium Challenge Compact shall be subject to the regular 

21 notification procedures of the Committees on Appropria22 tions prior to re-obligation: Provided further, That not23 withstanding section 606(a)(2) of the MCA, a country 

24 shall be a candidate country for purposes of eligibility for 

25 assistance for the fiscal year if the country has a per capVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00407 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
408 

•S 2130 PCS

1 ita income equal to or below the World Bank’s lower mid2 dle income country threshold for the fiscal year and is 

3 among the 75 lowest per capita income countries as identi4 fied by the World Bank; and the country meets the re5 quirements of section 606(a)(1)(B) of the MCA: Provided 

6 further, That notwithstanding section 606(b)(1) of the 

7 MCA, in addition to countries described in the preceding 

8 proviso, a country shall be a candidate country for pur9 poses of eligibility for assistance for the fiscal year if the 

10 country has a per capita income equal to or below the 

11 World Bank’s lower middle income country threshold for 

12 the fiscal year and is not among the 75 lowest per capita 

13 income countries as identified by the World Bank; and the 

14 country meets the requirements of section 606(a)(1)(B) 

15 of the MCA: Provided further, That any Millennium Chal16 lenge Corporation candidate country under section 606 of 

17 the MCA with a per capita income that changes in the 

18 fiscal year such that the country would be reclassified 

19 from a low income country to a lower middle income coun20 try or from a lower middle income country to a low income 

21 country shall retain its candidacy status in its former in22 come classification for the fiscal year and the 2 subsequent 

23 fiscal years: Provided further, That in this fiscal year and 

24 hereafter, publication in the Federal Register of a notice 

25 of availability of a copy of a Compact on the Millennium 


emcdonald on DSK67QTVN1PROD with BILLS
409 

•S 2130 PCS

1 Challenge Corporation Web site shall be deemed to satisfy 

2 the requirements of section 610(b)(2) of the MCA for such 

3 Compact: Provided further, That none of the funds made 

4 available by this Act or prior Acts making appropriations 

5 for the Department of State, foreign operations, and re6 lated programs shall be available for a threshold program 

7 in a country that is not currently a candidate country: 

8 Provided further, That of the funds appropriated under 

9 this heading, not to exceed $100,000 may be available for 

10 representation and entertainment expenses, of which not 

11 to exceed $5,000 may be available for entertainment ex12 penses. 

13 INTER-AMERICAN FOUNDATION

14 For necessary expenses to carry out the functions of 

15 the Inter-American Foundation in accordance with the 

16 provisions of section 401 of the Foreign Assistance Act 

17 of 1969, $22,500,000, to remain available until September 

18 30, 2017: Provided, That of the funds appropriated under 

19 this heading, not to exceed $2,000 may be available for 

20 representation expenses. 

21 UNITED STATES AFRICAN DEVELOPMENT FOUNDATION

22 For necessary expenses to carry out title V of the 

23 International Security and Development Cooperation Act 

24 of 1980 (Public Law 96–533), $30,000,000, to remain 

25 available until September 30, 2017, of which not to exceed 


emcdonald on DSK67QTVN1PROD with BILLS
410 

•S 2130 PCS

1 $2,000 may be available for representation expenses: Pro2 vided, That funds made available to grantees may be in3 vested pending expenditure for project purposes when au4 thorized by the Board of Directors of the United States 

5 African Development Foundation (USADF): Provided fur6 ther, That interest earned shall be used only for the pur7 poses for which the grant was made: Provided further, 

8 That notwithstanding section 505(a)(2) of the African De9 velopment Foundation Act, in exceptional circumstances 

10 the Board of Directors of the USADF may waive the 

11 $250,000 limitation contained in that section with respect 

12 to a project and a project may exceed the limitation by 

13 up to 10 percent if the increase is due solely to foreign 

14 currency fluctuation: Provided further, That the USADF 

15 shall submit a report to the Committees on Appropriations 

16 after each time such waiver authority is exercised: Pro17 vided further, That the USADF may make rent or lease 

18 payments in advance from appropriations available for 

19 such purpose for offices, buildings, grounds, and quarters 

20 in Africa as may be necessary to carry out its functions: 

21 Provided further, That the USADF may maintain bank 

22 accounts outside the United States Treasury and retain 

23 any interest earned on such accounts, in furtherance of 

24 the purposes of the African Foundation Development Act: 

25 Provided further, That the USADF may not withdraw any 


emcdonald on DSK67QTVN1PROD with BILLS
411 

•S 2130 PCS

1 appropriation from the Treasury prior to the need of 

2 spending such funds for program purposes. 

3 DEPARTMENT OF THE TREASURY

4 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

5 For necessary expenses to carry out the provisions 

6 of section 129 of the Foreign Assistance Act of 1961, 

7 $23,500,000, to remain available until September 30, 

8 2018, which shall be available notwithstanding any other 

9 provision of law. 

10 TITLE IV 

11 INTERNATIONAL SECURITY ASSISTANCE 

12 DEPARTMENT OF STATE

13 INTERNATIONAL NARCOTICS CONTROL AND LAW

14 ENFORCEMENT

15 For necessary expenses to carry out section 481 of 

16 the Foreign Assistance Act of 1961, $735,701,000, to re17 main available until September 30, 2017: Provided, That 

18 the provision of assistance by any other United States 

19 Government department or agency which is comparable to 

20 assistance that may be made available under this heading, 

21 but which is provided under any other provision of law, 

22 should be provided only with the concurrence of the Sec23 retary of State and in accordance with the provisions of 

24 sections 481(b) and 622(c) of the Foreign Assistance Act 

25 of 1961: Provided further, That the Department of State 


emcdonald on DSK67QTVN1PROD with BILLS
412 

•S 2130 PCS

1 may use the authority of section 608 of the Foreign As2 sistance Act of 1961, without regard to its restrictions, 

3 to receive excess property from an agency of the United 

4 States Government for the purpose of providing such 

5 property to a foreign country or international organization 

6 under chapter 8 of part I of that Act, subject to the reg7 ular notification procedures of the Committees on Appro8 priations: Provided further, That section 482(b) of the 

9 Foreign Assistance Act of 1961 shall not apply to funds 

10 appropriated under this heading, except that any funds 

11 made available notwithstanding such section shall be sub12 ject to the regular notification procedures of the Commit13 tees on Appropriations. 

14 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

15 RELATED PROGRAMS

16 For necessary expenses for nonproliferation, anti-ter17 rorism, demining and related programs and activities, 

18 $474,187,000, to remain available until September 30, 

19 2017, to carry out the provisions of chapter 8 of part II 

20 of the Foreign Assistance Act of 1961 for anti-terrorism 

21 assistance, chapter 9 of part II of the Foreign Assistance 

22 Act of 1961, section 504 of the FREEDOM Support Act, 

23 section 23 of the Arms Export Control Act, or the Foreign 

24 Assistance Act of 1961 for demining activities, the clear25 ance of unexploded ordnance, the destruction of small 


emcdonald on DSK67QTVN1PROD with BILLS
413 

•S 2130 PCS

1 arms, and related activities, notwithstanding any other 

2 provision of law, including activities implemented through 

3 nongovernmental and international organizations, and sec4 tion 301 of the Foreign Assistance Act of 1961 for a vol5 untary contribution to the International Atomic Energy 

6 Agency (IAEA), and for a United States contribution to 

7 the Comprehensive Nuclear Test Ban Treaty Preparatory 

8 Commission: Provided, That for the clearance of 

9 unexploded ordnance, the Secretary of State should 

10 prioritize those areas where such ordnance was caused by 

11 the United States: Provided further, That funds made 

12 available under this heading for the Nonproliferation and 

13 Disarmament Fund shall be available notwithstanding any 

14 other provision of law and subject to prior consultation 

15 with, and the regular notification procedures of, the Com16 mittees on Appropriations, to promote bilateral and multi17 lateral activities relating to nonproliferation, disar18 mament, and weapons destruction, and shall remain avail19 able until expended: Provided further, That such funds 

20 may also be used for such countries other than the inde21 pendent states of the former Soviet Union and inter22 national organizations when it is in the national security 

23 interest of the United States to do so: Provided further, 

24 That funds appropriated under this heading may be made 

25 available for the IAEA unless the Secretary of State deterVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00413 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
414 

•S 2130 PCS

1 mines that Israel is being denied its right to participate 

2 in the activities of that Agency: Provided further, That 

3 funds made available for conventional weapons destruction 

4 programs, including demining and related activities, in ad5 dition to funds otherwise available for such purposes, may 

6 be used for administrative expenses related to the oper7 ation and management of such programs and activities. 

8 PEACEKEEPING OPERATIONS

9 For necessary expenses to carry out the provisions 

10 of section 551 of the Foreign Assistance Act of 1961, 

11 $166,700,000: Provided, That funds appropriated under 

12 this heading may be used, notwithstanding section 660 of 

13 such Act, to provide assistance to enhance the capacity 

14 of foreign civilian security forces, including gendarmes, to 

15 participate in peacekeeping operations: Provided further, 

16 That of the funds appropriated under this heading, not 

17 less than $35,000,000 shall be made available for a United 

18 States contribution to the Multinational Force and Ob19 servers mission in the Sinai: Provided further, That none 

20 of the funds appropriated under this heading shall be obli21 gated except as provided through the regular notification 

22 procedures of the Committees on Appropriations. 


emcdonald on DSK67QTVN1PROD with BILLS
415 

•S 2130 PCS

1 FUNDS APPROPRIATED TO THE PRESIDENT

2 INTERNATIONAL MILITARY EDUCATION AND TRAINING

3 For necessary expenses to carry out the provisions 

4 of section 541 of the Foreign Assistance Act of 1961, 

5 $107,587,000, of which up to $4,000,000 may remain 

6 available until September 30, 2017, and may only be pro7 vided through the regular notification procedures of the 

8 Committees on Appropriations: Provided, That the civilian 

9 personnel for whom military education and training may 

10 be provided under this heading may include civilians who 

11 are not members of a government whose participation 

12 would contribute to improved civil-military relations, civil13 ian control of the military, or respect for human rights: 

14 Provided further, That of the funds appropriated under 

15 this heading, not to exceed $55,000 may be available for 

16 entertainment expenses. 

17 FOREIGN MILITARY FINANCING PROGRAM

18 For necessary expenses for grants to enable the 

19 President to carry out the provisions of section 23 of the 

20 Arms Export Control Act, $4,543,934,000: Provided, 

21 That to expedite the provision of assistance to foreign 

22 countries and international organizations, the Secretary of 

23 State, following consultation with the Committees on Ap24 propriations and subject to the regular notification proce25 dures of such Committees, may use the funds approVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00415 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
416 

•S 2130 PCS

1 priated under this heading to procure defense articles and 

2 services to enhance the capacity of foreign security forces: 

3 Provided further, That of the funds appropriated under 

4 this heading, not less than $3,100,000,000 shall be avail5 able for grants only for Israel, and funds are available for 

6 assistance for Jordan and Egypt subject to section 7041 

7 of this Act: Provided further, That the funds appropriated 

8 under this heading for assistance for Israel shall be dis9 bursed within 30 days of enactment of this Act: Provided 

10 further, That to the extent that the Government of Israel 

11 requests that funds be used for such purposes, grants 

12 made available for Israel under this heading shall, as 

13 agreed by the United States and Israel, be available for 

14 advanced weapons systems, of which not less than 

15 $815,300,000 shall be available for the procurement in 

16 Israel of defense articles and defense services, including 

17 research and development: Provided further, That none of 

18 the funds made available under this heading shall be made 

19 available to support or continue any program initially 

20 funded under the authority of section 1206 of the National 

21 Defense Authorization Act for Fiscal Year 2006 (Public 

22 Law 109–163; 119 Stat. 3456), or section 2282 of title 

23 10, United States Code, unless the Secretary of State, in 

24 coordination with the Secretary of Defense, has justified 

25 such program to the Committees on Appropriations: ProVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00416 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
417 

•S 2130 PCS

1 vided further, That funds appropriated or otherwise made 

2 available under this heading shall be nonrepayable not3 withstanding any requirement in section 23 of the Arms 

4 Export Control Act: Provided further, That funds made 

5 available under this heading shall be obligated upon appor6 tionment in accordance with paragraph (5)(C) of section 

7 1501(a) of title 31, United States Code. 

8 None of the funds made available under this heading 

9 shall be available to finance the procurement of defense 

10 articles, defense services, or design and construction serv11 ices that are not sold by the United States Government 

12 under the Arms Export Control Act unless the foreign 

13 country proposing to make such procurement has first 

14 signed an agreement with the United States Government 

15 specifying the conditions under which such procurement 

16 may be financed with such funds: Provided, That all coun17 try and funding level increases in allocations shall be sub18 mitted through the regular notification procedures of sec19 tion 7015 of this Act: Provided further, That funds made 

20 available under this heading may be used, notwithstanding 

21 any other provision of law, for demining, the clearance of 

22 unexploded ordnance, and related activities, and may in23 clude activities implemented through nongovernmental 

24 and international organizations: Provided further, That 

25 only those countries for which assistance was justified for 


emcdonald on DSK67QTVN1PROD with BILLS
418 

•S 2130 PCS

1 the ‘‘Foreign Military Sales Financing Program’’ in the 

2 fiscal year 1989 congressional presentation for security as3 sistance programs may utilize funds made available under 

4 this heading for procurement of defense articles, defense 

5 services, or design and construction services that are not 

6 sold by the United States Government under the Arms 

7 Export Control Act: Provided further, That funds appro8 priated under this heading shall be expended at the min9 imum rate necessary to make timely payment for defense 

10 articles and services: Provided further, That not more than 

11 $63,945,000 of the funds appropriated under this heading 

12 may be obligated for necessary expenses, including the 

13 purchase of passenger motor vehicles for replacement only 

14 for use outside of the United States, for the general costs 

15 of administering military assistance and sales, except that 

16 this limitation may be exceeded only through the regular 

17 notification procedures of the Committees on Appropria18 tions: Provided further, That of the funds made available 

19 under this heading for general costs of administering mili20 tary assistance and sales, not to exceed $4,000 may be 

21 available for entertainment expenses and not to exceed 

22 $130,000 may be available for representation expenses: 

23 Provided further, That not more than $904,000,000 of 

24 funds realized pursuant to section 21(e)(1)(A) of the Arms 

25 Export Control Act may be obligated for expenses incurred 


emcdonald on DSK67QTVN1PROD with BILLS
419 

•S 2130 PCS

1 by the Department of Defense during fiscal year 2016 

2 pursuant to section 43(b) of the Arms Export Control Act, 

3 except that this limitation may be exceeded only through 

4 the regular notification procedures of the Committees on 

5 Appropriations. 

6 TITLE V 

7 MULTILATERAL ASSISTANCE 

8 FUNDS APPROPRIATED TO THE PRESIDENT

9 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

10 For necessary expenses to carry out the provisions 

11 of section 301 of the Foreign Assistance Act of 1961, and 

12 of section 2 of the United Nations Environment Program 

13 Participation Act of 1973, $339,000,000: Provided, That 

14 section 307(a) of the Foreign Assistance Act of 1961 shall 

15 not apply to contributions to the United Nations Democ16 racy Fund. 

17 INTERNATIONAL FINANCIAL INSTITUTIONS

18 GLOBAL ENVIRONMENT FACILITY

19 For payment to the International Bank for Recon20 struction and Development as trustee for the Global Envi21 ronment Facility by the Secretary of the Treasury, 

22 $84,132,000, to remain available until expended. 


emcdonald on DSK67QTVN1PROD with BILLS
420 

•S 2130 PCS

1 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT

2 ASSOCIATION

3 For payment to the International Development Asso4 ciation by the Secretary of the Treasury, $645,300,000, 

5 to remain available until expended. 

6 CONTRIBUTION TO THE INTERNATIONAL BANK FOR

7 RECONSTRUCTION AND DEVELOPMENT

8 For payment to the International Bank for Recon9 struction and Development by the Secretary of the Treas10 ury for the United States share of the paid-in portion of 

11 the increases in capital stock, $96,460,000, to remain 

12 available until expended. 

13 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

14 The United States Governor of the International 

15 Bank for Reconstruction and Development may subscribe 

16 without fiscal year limitation to the callable capital portion 

17 of the United States share of increases in capital stock 

18 in an amount not to exceed $2,928,990,899. 

19 CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND

20 For payment to the International Bank for Recon21 struction and Development as trustee for the Clean Tech22 nology Fund by the Secretary of the Treasury, 

23 $85,340,000, to remain available until expended. 


emcdonald on DSK67QTVN1PROD with BILLS
421 

•S 2130 PCS

1 CONTRIBUTION TO THE STRATEGIC CLIMATE FUND

2 For payment to the International Bank for Recon3 struction and Development as trustee for the Strategic 

4 Climate Fund by the Secretary of the Treasury, 

5 $29,810,000, to remain available until expended. 

6 CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT

7 BANK

8 For payment to the Inter-American Development 

9 Bank by the Secretary of the Treasury for the United 

10 States share of the paid-in portion of the increase in cap11 ital stock, $51,010,000, to remain available until ex12 pended. 

13 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

14 The United States Governor of the Inter-American 

15 Development Bank may subscribe without fiscal year limi16 tation to the callable capital portion of the United States 

17 share of such capital stock in an amount not to exceed 

18 $4,098,794,833. 

19 CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK

20 For payment to the Asian Development Bank by the 

21 Secretary of the Treasury for the United States share of 

22 the paid-in portion of increase in capital stock, 

23 $5,608,000, to remain available until expended. 


emcdonald on DSK67QTVN1PROD with BILLS
422 

•S 2130 PCS

1 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

2 For payment to the Asian Development Bank’s Asian 

3 Development Fund by the Secretary of the Treasury, 

4 $83,043,000, to remain available until expended. 

5 CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

6 For payment to the African Development Bank by 

7 the Secretary of the Treasury for the United States share 

8 of the paid-in portion of the increase in capital stock, 

9 $17,059,000, to remain available until expended. 

10 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

11 The United States Governor of the African Develop12 ment Bank may subscribe without fiscal year limitation 

13 to the callable capital portion of the United States share 

14 of such capital stock in an amount not to exceed 

15 $507,860,808. 

16 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

17 For payment to the African Development Fund by 

18 the Secretary of the Treasury, $113,750,000, to remain 

19 available until expended. 

20 CONTRIBUTION TO THE INTERNATIONAL FUND FOR

21 AGRICULTURAL DEVELOPMENT

22 For payment to the International Fund for Agricul23 tural Development by the Secretary of the Treasury, 

24 $15,965,000, to remain available until expended. 


emcdonald on DSK67QTVN1PROD with BILLS
423 

•S 2130 PCS

1 GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM

2 For payment to the Global Agriculture and Food Se3 curity Program by the Secretary of the Treasury, 

4 $21,500,000, to remain available until expended. 

5 CONTRIBUTION TO THE NORTH AMERICAN DEVELOPMENT

6 BANK

7 For payment to the North American Development 

8 Bank by the Secretary of the Treasury for the United 

9 States share of the paid-in portion of the increase in cap10 ital stock, $22,500,000, to remain available until ex11 pended. 

12 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

13 The Secretary of the Treasury may subscribe without 

14 fiscal year limitation to the callable capital portion of the 

15 United States share of such capital stock in an amount 

16 not to exceed $255,000,000. 

17 TITLE VI 

18 EXPORT AND INVESTMENT ASSISTANCE 

19 EXPORT-IMPORT BANK OF THE UNITED STATES

20 INSPECTOR GENERAL

21 For necessary expenses of the Office of Inspector 

22 General in carrying out the provisions of the Inspector 

23 General Act of 1978, as amended, $6,000,000, to remain 

24 available until September 30, 2017. 


emcdonald on DSK67QTVN1PROD with BILLS
424 

•S 2130 PCS

1 PROGRAM ACCOUNT

2 The Export-Import Bank (the Bank) of the United 

3 States is authorized to make such expenditures within the 

4 limits of funds and borrowing authority available to such 

5 corporation, and in accordance with law, and to make such 

6 contracts and commitments without regard to fiscal year 

7 limitations, as provided by section 104 of the Government 

8 Corporation Control Act, as may be necessary in carrying 

9 out the program for the current fiscal year for such cor10 poration: Provided, That none of the funds available dur11 ing the current fiscal year may be used to make expendi12 tures, contracts, or commitments for the export of nuclear 

13 equipment, fuel, or technology to any country, other than 

14 a nuclear-weapon state as defined in Article IX of the 

15 Treaty on the Non-Proliferation of Nuclear Weapons eligi16 ble to receive economic or military assistance under this 

17 Act, that has detonated a nuclear explosive after the date 

18 of the enactment of this Act: Provided further, That not 

19 less than 20 percent of the aggregate loan, guarantee, and 

20 insurance authority available to the Bank under this Act 

21 should be used to finance exports directly by small busi22 ness concerns (as defined under section 3 of the Small 

23 Business Act): Provided further, That not less than 10 

24 percent of the aggregate loan, guarantee, and insurance 

25 authority available to the Bank under this Act should be 


emcdonald on DSK67QTVN1PROD with BILLS
425 

•S 2130 PCS

1 used for renewable energy technologies or energy efficiency 

2 technologies: Provided further, That notwithstanding sec3 tion 1(c) of Public Law 103–428, as amended, sections 

4 1(a) and (b) of Public Law 103–428 shall remain in effect 

5 through October 1, 2016. 

6 ADMINISTRATIVE EXPENSES

7 For administrative expenses to carry out the direct 

8 and guaranteed loan and insurance programs, including 

9 hire of passenger motor vehicles and services as authorized 

10 by section 3109 of title 5, United States Code, and not 

11 to exceed $30,000 for official reception and representation 

12 expenses for members of the Board of Directors, not to 

13 exceed $106,250,000: Provided, That the Export-Import 

14 Bank (the Bank) may accept, and use, payment or serv15 ices provided by transaction participants for legal, finan16 cial, or technical services in connection with any trans17 action for which an application for a loan, guarantee or 

18 insurance commitment has been made: Provided further, 

19 That notwithstanding subsection (b) of section 117 of the 

20 Export Enhancement Act of 1992, subsection (a) thereof 

21 shall remain in effect until September 30, 2016: Provided 

22 further, That the Bank shall charge fees for necessary ex23 penses (including special services performed on a contract 

24 or fee basis, but not including other personal services) in 

25 connection with the collection of moneys owed the Bank, 


emcdonald on DSK67QTVN1PROD with BILLS
426 

•S 2130 PCS

1 repossession or sale of pledged collateral or other assets 

2 acquired by the Bank in satisfaction of moneys owed the 

3 Bank, or the investigation or appraisal of any property, 

4 or the evaluation of the legal, financial, or technical as5 pects of any transaction for which an application for a 

6 loan, guarantee, or insurance commitment has been made, 

7 or systems infrastructure directly supporting transactions: 

8 Provided further, That in addition to other funds appro9 priated for administrative expenses, such fees shall be 

10 credited to this account for such purposes, to remain avail11 able until expended. 

12 RECEIPTS COLLECTED

13 Receipts collected pursuant to the Export-Import 

14 Bank Act of 1945, as amended, and the Federal Credit 

15 Reform Act of 1990, as amended, in an amount not to 

16 exceed the amount appropriated herein, shall be credited 

17 as offsetting collections to this account: Provided, That the 

18 sums herein appropriated from the General Fund shall be 

19 reduced on a dollar-for-dollar basis by such offsetting col20 lections so as to result in a final fiscal year appropriation 

21 from the General Fund estimated at $0: Provided further, 

22 That amounts collected in fiscal year 2016 in excess of 

23 obligations, up to $10,000,000 shall become available on 

24 September 1, 2016, and shall remain available until Sep25 tember 30, 2019. 


emcdonald on DSK67QTVN1PROD with BILLS
427 

•S 2130 PCS

1 OVERSEAS PRIVATE INVESTMENT CORPORATION

2 NONCREDIT ACCOUNT

3 The Overseas Private Investment Corporation is au4 thorized to make, without regard to fiscal year limitations, 

5 as provided by section 9104 of title 31, United States 

6 Code, such expenditures and commitments within the lim7 its of funds available to it and in accordance with law as 

8 may be necessary: Provided, That the amount available for 

9 administrative expenses to carry out the credit and insur10 ance programs (including an amount for official reception 

11 and representation expenses which shall not exceed 

12 $35,000) shall not exceed $62,787,000: Provided further, 

13 That project-specific transaction costs, including direct 

14 and indirect costs incurred in claims settlements, and 

15 other direct costs associated with services provided to spe16 cific investors or potential investors pursuant to section 

17 234 of the Foreign Assistance Act of 1961, shall not be 

18 considered administrative expenses for the purposes of this 

19 heading. 

20 PROGRAM ACCOUNT

21 For the cost of direct and guaranteed loans, 

22 $20,000,000, as authorized by section 234 of the Foreign 

23 Assistance Act of 1961, to be derived by transfer from 

24 the Overseas Private Investment Corporation Noncredit 

25 Account: Provided, That such costs, including the cost of 


emcdonald on DSK67QTVN1PROD with BILLS
428 

•S 2130 PCS

1 modifying such loans, shall be as defined in section 502 

2 of the Congressional Budget Act of 1974: Provided fur3 ther, That such sums shall be available for direct loan obli4 gations and loan guaranty commitments incurred or made 

5 during fiscal years 2016, 2017, and 2018: Provided fur6 ther, That funds so obligated in fiscal year 2016 remain 

7 available for disbursement through 2024; funds obligated 

8 in fiscal year 2017 remain available for disbursement 

9 through 2025; and funds obligated in fiscal year 2018 re10 main available for disbursement through 2026: Provided 

11 further, That notwithstanding any other provision of law, 

12 the Overseas Private Investment Corporation is authorized 

13 to undertake any program authorized by title IV of chap14 ter 2 of part I of the Foreign Assistance Act of 1961 in 

15 Iraq: Provided further, That funds made available pursu16 ant to the authority of the previous proviso shall be subject 

17 to the regular notification procedures of the Committees 

18 on Appropriations. 

19 In addition, such sums as may be necessary for ad20 ministrative expenses to carry out the credit program may 

21 be derived from amounts available for administrative ex22 penses to carry out the credit and insurance programs in 

23 the Overseas Private Investment Corporation Noncredit 

24 Account and merged with said account. 


emcdonald on DSK67QTVN1PROD with BILLS
429 

•S 2130 PCS

1 TRADE AND DEVELOPMENT AGENCY

2 For necessary expenses to carry out the provisions 

3 of section 661 of the Foreign Assistance Act of 1961, 

4 $60,000,000, to remain available until September 30, 

5 2017: Provided, That of the funds appropriated under this 

6 heading, not more than $5,000 may be available for rep7 resentation and entertainment expenses. 

8 TITLE VII 

9 GENERAL PROVISIONS 

10 ALLOWANCES AND DIFFERENTIALS

11 SEC. 7001. Funds appropriated under title I of this 

12 Act shall be available, except as otherwise provided, for 

13 allowances and differentials as authorized by subchapter 

14 59 of title 5, United States Code; for services as author15 ized by section 3109 of such title and for hire of passenger 

16 transportation pursuant to section 1343(b) of title 31, 

17 United States Code. 

18 UNOBLIGATED BALANCES REPORT

19 SEC. 7002. Any department or agency of the United 

20 States Government to which funds are appropriated or 

21 otherwise made available by this Act shall provide to the 

22 Committees on Appropriations a quarterly accounting of 

23 cumulative unobligated balances and obligated, but unex24 pended, balances by program, project, and activity, and 

25 Treasury Account Fund Symbol of all funds received by 


emcdonald on DSK67QTVN1PROD with BILLS
430 

•S 2130 PCS

1 such department or agency in fiscal year 2016 or any pre2 vious fiscal year, disaggregated by fiscal year: Provided, 

3 That the report required by this section should specify by 

4 account the amount of funds obligated pursuant to bilat5 eral agreements which have not been further sub-obli6 gated. 

7 CONSULTING SERVICES

8 SEC. 7003. The expenditure of any appropriation 

9 under title I of this Act for any consulting service through 

10 procurement contract, pursuant to section 3109 of title 

11 5, United States Code, shall be limited to those contracts 

12 where such expenditures are a matter of public record and 

13 available for public inspection, except where otherwise pro14 vided under existing law, or under existing Executive 

15 Order issued pursuant to existing law. 

16 DIPLOMATIC FACILITIES

17 SEC. 7004. (a) CAPITAL SECURITY COST SHAR18 ING.—Of funds provided under title I of this Act, except 

19 as provided in subsection (b), a project to construct a dip20 lomatic facility of the United States may not include office 

21 space or other accommodations for an employee of a Fed22 eral agency or department if the Secretary of State deter23 mines that such department or agency has not provided 

24 to the Department of State the full amount of funding 

25 required by subsection (e) of section 604 of the Secure 


emcdonald on DSK67QTVN1PROD with BILLS
431 

•S 2130 PCS

1 Embassy Construction and Counterterrorism Act of 1999 

2 (as enacted into law by section 1000(a)(7) of Public Law 

3 106–113 and contained in appendix G of that Act; 113 

4 Stat. 1501A–453), as amended by section 629 of the De5 partments of Commerce, Justice, and State, the Judiciary, 

6 and Related Agencies Appropriations Act, 2005. 

7 (b) EXCEPTION.—Notwithstanding the prohibition in 

8 subsection (a), a project to construct a diplomatic facility 

9 of the United States may include office space or other ac10 commodations for members of the United States Marine 

11 Corps. 

12 (c) NEW DIPLOMATIC FACILITIES.—For the pur13 poses of calculating the fiscal year 2016 costs of providing 

14 new United States diplomatic facilities in accordance with 

15 section 604(e) of the Secure Embassy Construction and 

16 Counterterrorism Act of 1999 (22 U.S.C. 4865 note), the 

17 Secretary of State, in consultation with the Director of 

18 the Office of Management and Budget, shall determine the 

19 annual program level and agency shares in a manner that 

20 is proportional to the Department of State’s contribution 

21 for this purpose. 

22 (d) CONSULTATION AND NOTIFICATION REQUIRE23 MENTS.—Funds appropriated by this Act and prior Acts 

24 making appropriations for the Department of State, for25 eign operations, and related programs, which may be made 


emcdonald on DSK67QTVN1PROD with BILLS
432 

•S 2130 PCS

1 available for the acquisition of property or award of con2 struction contracts for overseas diplomatic facilities during 

3 fiscal year 2016, shall be subject to prior consultation 

4 with, and the regular notification procedures of, the Com5 mittees on Appropriations: Provided, That any such notifi6 cation for a new diplomatic facility justified to the Com7 mittees on Appropriations in Appendix I of the Congres8 sional Budget Justification, Department of State, Diplo9 matic Engagement, Fiscal Year 2016, or not previously 

10 justified to such Committees, shall include confirmation 

11 that the Department of State has completed the requisite 

12 value engineering studies required pursuant to OMB Cir13 cular A–131, Value Engineering December 31, 2013 and 

14 the Bureau of Overseas Building Operations Policy and 

15 Procedure Directive, P&PD, PE/DE 03; Value Engineer16 ing, May 26, 2004. 

17 (e) EXPEDITIONARY, INTERIM, AND TEMPORARY FA18 CILITIES ABROAD.— 

19 (1) Funds appropriated by this Act under the 

20 heading ‘‘Embassy Security, Construction, and 

21 Maintenance’’ may be made available to address se22 curity vulnerabilities at expeditionary, interim, and 

23 temporary facilities abroad, including physical secu24 rity upgrades and local guard staffing, except that 

25 the amount of funds made available for such purVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00432 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
433 

•S 2130 PCS

1 poses from this Act and prior Acts making appro2 priations for the Department of State, foreign oper3 ations, and related programs shall be a minimum of 

4 $25,000,000: Provided, That the uses of such funds 

5 should be the responsibility of the Assistant Sec6 retary of State for the Bureau of Diplomatic Secu7 rity and Foreign Missions, in consultation with the 

8 Director of the Bureau of Overseas Buildings Oper9 ations: Provided further, That such funds shall be 

10 subject to prior consultation with the Committees on 

11 Appropriations. 

12 (2) Notwithstanding any other provision of law, 

13 the opening, closure, or any significant modification 

14 to an expeditionary, interim, or temporary diplo15 matic facility shall be subject to prior consultation 

16 with the appropriate congressional committees and 

17 the regular notification procedures of the Commit18 tees on Appropriations, except that such consulta19 tion and notification may be waived if there is a se20 curity risk to personnel. 

21 (3) Not later than 60 days after enactment of 

22 this Act, the Department of State shall document 

23 standard operating procedures and best practices as24 sociated with the delivery, construction, and protec25 tion of temporary structures in high threat and conVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00433 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
434 

•S 2130 PCS

1 flict environments: Provided, That the Secretary of 

2 State shall notify the Committees on Appropriations 

3 after completing such documentation. 

4 (f) FOREIGN AFFAIRS SECURITY TRAINING CEN5 TER.— 

6 (1) None of the funds made available by this 

7 Act and prior Acts making appropriations for the 

8 Department of State, foreign operations, and related 

9 programs may be obligated for design, site prepara10 tion or construction of a Foreign Affairs Security 

11 Training Center (FASTC) at Fort Pickett, Virginia, 

12 until each of the following occurs: 

13 (A) The Secretary of State submits to the 

14 appropriate congressional committees, the 

15 Comptroller General of the United States, and 

16 the Director of the Office of Management and 

17 Budget a comprehensive cost-benefit analysis of 

18 the construction of FASTC at Fort Pickett, 

19 Virginia that includes, at a minimum, the fol20 lowing: a life-cycle cost estimate of construction, 

21 maintenance, and sustainment of FASTC; an 

22 estimate of the effect of FASTC on the total 

23 cost associated with conducting security train24 ing for Department of State personnel and de25 pendents, as appropriate; and a detailed analVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00434 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
435 

•S 2130 PCS

1 ysis that quantifies the impact of FASTC on 

2 the training capacity and operational effective3 ness of Bureau of Diplomatic Security, Depart4 ment of State; 

5 (B) The Comptroller General submits an 

6 assessment of the analysis required by subpara7 graph (A) to the appropriate congressional com8 mittees on the methodology, analysis and con9 clusions of the report submitted by the Sec10 retary of State; and 

11 (C) The Secretary of State, in consultation 

12 with the Director of the Office of Management 

13 and Budget, reviews the report required under 

14 subparagraph (A) and the assessment required 

15 under subparagraph (B), and certifies to the 

16 appropriate congressional committees that the 

17 construction of FASTC at Fort Pickett, Vir18 ginia would provide efficiencies and increases in 

19 the training capacity and operational effective20 ness of the Bureau of Diplomatic Security com21 mensurate with the estimated life-cycle costs of 

22 constructing, maintaining, and sustaining 

23 FASTC. 

24 (2) Not later than 180 days after the enact25 ment of this Act, the Secretary of State shall submit 


emcdonald on DSK67QTVN1PROD with BILLS
436 

•S 2130 PCS

1 the report required subparagraph (A), and not later 

2 than 180 days after receiving such report, the 

3 Comptroller General shall submit the assessment re4 quired under subparagraph (B). 

5 (g) COMPLIANCE WITH THE VIENNA CONVENTION

6 ON DIPLOMATIC RELATIONS BY THE PEOPLE’S REPUBLIC

7 OF CHINA.—Not later than 30 days after enactment of 

8 this Act, the Secretary of State shall determine and report 

9 to the appropriate congressional committees the extent to 

10 which the Government of the People’s Republic of China 

11 (PRC) has taken action to interfere with the repair and 

12 renovation of United States diplomatic facilities in the 

13 PRC during the past calendar year, including any action 

14 taken in contravention of the Vienna Convention on Diplo15 matic Relations, 1961. 

16 (h) TRANSFER AUTHORITY.—Funds appropriated 

17 under the heading ‘‘Diplomatic and Consular Programs’’, 

18 including for Worldwide Security Protection, and under 

19 the heading ‘‘Embassy Security, Construction, and Main20 tenance’’ in titles I and VIII of this Act may be trans21 ferred to, and merged with, funds appropriated by such 

22 titles under such headings if the Secretary of State deter23 mines and reports to the Committees on Appropriations 

24 that to do so is necessary to implement the recommenda25 tions of the Benghazi Accountability Review Board, or to 


emcdonald on DSK67QTVN1PROD with BILLS
437 

•S 2130 PCS

1 prevent or respond to security situations and require2 ments, following consultation with, and subject to the reg3 ular notification procedures of, such Committees: Pro4 vided, That such transfer authority is in addition to any 

5 transfer authority otherwise available under any other pro6 vision of law. 

7 PERSONNEL ACTIONS

8 SEC. 7005. Any costs incurred by a department or 

9 agency funded under title I of this Act resulting from per10 sonnel actions taken in response to funding reductions in11 cluded in this Act shall be absorbed within the total budg12 etary resources available under title I to such department 

13 or agency: Provided, That the authority to transfer funds 

14 between appropriations accounts as may be necessary to 

15 carry out this section is provided in addition to authorities 

16 included elsewhere in this Act: Provided further, That use 

17 of funds to carry out this section shall be treated as a 

18 reprogramming of funds under section 7015 of this Act 

19 and shall not be available for obligation or expenditure ex20 cept in compliance with the procedures set forth in that 

21 section. 

22 LOCAL GUARD CONTRACTS

23 SEC. 7006. In evaluating proposals for local guard 

24 contracts, the Secretary of State shall award contracts in 

25 accordance with section 136 of the Foreign Relations AuVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00437 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
438 

•S 2130 PCS

1 thorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 

2 4864), except that the Secretary may grant authorization 

3 to award such contracts on the basis of best value as de4 termined by a cost-technical tradeoff analysis (as de5 scribed in Federal Acquisition Regulation part 15.101), 

6 notwithstanding subsection (c)(3) of such section: Pro7 vided, That the authority in this section shall apply to any 

8 options for renewal that may be exercised under such con9 tracts that are awarded during the current fiscal year. 

10 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN

11 COUNTRIES

12 SEC. 7007. None of the funds appropriated or other13 wise made available pursuant to titles III through VI of 

14 this Act shall be obligated or expended to finance directly 

15 any assistance or reparations for the governments of 

16 Cuba, North Korea, Iran, or Syria: Provided, That for 

17 purposes of this section, the prohibition on obligations or 

18 expenditures shall include direct loans, credits, insurance, 

19 and guarantees of the Export-Import Bank or its agents. 

20 COUPS D’E ́TAT

21 SEC. 7008. None of the funds appropriated or other22 wise made available pursuant to titles III through VI of 

23 this Act shall be obligated or expended to finance directly 

24 any assistance to the government of any country whose 

25 duly elected head of government is deposed by military 


emcdonald on DSK67QTVN1PROD with BILLS
439 

•S 2130 PCS

1 coup d’e ́tat or decree or, after the date of enactment of 

2 this Act, a coup d’e ́tat or decree in which the military 

3 plays a decisive role: Provided, That assistance may be re4 sumed to such government if the Secretary of State cer5 tifies and reports to the appropriate congressional commit6 tees that subsequent to the termination of assistance a 

7 democratically elected government has taken office: Pro8 vided further, That the provisions of this section shall not 

9 apply to assistance to promote democratic elections or 

10 public participation in democratic processes: Provided fur11 ther, That funds made available pursuant to the previous 

12 provisos shall be subject to the regular notification proce13 dures of the Committees on Appropriations. 

14 TRANSFER AUTHORITY

15 SEC. 7009. (a) DEPARTMENT OF STATE AND BROAD16 CASTING BOARD OF GOVERNORS.— 

17 (1) Not to exceed 5 percent of any appropria18 tion made available for the current fiscal year for 

19 the Department of State under title I of this Act 

20 may be transferred between, and merged with, such 

21 appropriations, but no such appropriation, except as 

22 otherwise specifically provided, shall be increased by 

23 more than 10 percent by any such transfers, and no 

24 such transfer may be made to increase the approVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00439 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
440 

•S 2130 PCS

1 priation under the heading ‘‘Representation Ex2 penses’’. 

3 (2) Not to exceed 5 percent of any appropria4 tion made available for the current fiscal year for 

5 the Broadcasting Board of Governors under title I 

6 of this Act may be transferred between, and merged 

7 with, such appropriations, but no such appropria8 tion, except as otherwise specifically provided, shall 

9 be increased by more than 10 percent by any such 

10 transfers. 

11 (3) Any transfer pursuant to this section shall 

12 be treated as a reprogramming of funds under sub13 sections (a) and (b) of section 7015 of this Act and 

14 shall not be available for obligation or expenditure 

15 except in compliance with the procedures set forth in 

16 that section. 

17 (b) EXPORT FINANCING TRANSFER AUTHORITIES.— 

18 Not to exceed 5 percent of any appropriation other than 

19 for administrative expenses made available for fiscal year 

20 2016, for programs under title VI of this Act may be 

21 transferred between such appropriations for use for any 

22 of the purposes, programs, and activities for which the 

23 funds in such receiving account may be used, but no such 

24 appropriation, except as otherwise specifically provided, 

25 shall be increased by more than 25 percent by any such 


emcdonald on DSK67QTVN1PROD with BILLS
441 

•S 2130 PCS

1 transfer: Provided, That the exercise of such authority 

2 shall be subject to the regular notification procedures of 

3 the Committees on Appropriations. 

4 (c) LIMITATION ON TRANSFERS BETWEEN AGEN5 CIES.— 

6 (1) None of the funds made available under ti7 tles II through V of this Act may be transferred to 

8 any department, agency, or instrumentality of the 

9 United States Government, except pursuant to a 

10 transfer made by, or transfer authority provided in, 

11 this Act or any other appropriations Act. 

12 (2) Notwithstanding paragraph (1), in addition 

13 to transfers made by, or authorized elsewhere in, 

14 this Act, funds appropriated by this Act to carry out 

15 the purposes of the Foreign Assistance Act of 1961 

16 may be allocated or transferred to agencies of the 

17 United States Government pursuant to the provi18 sions of sections 109, 610, and 632 of the Foreign 

19 Assistance Act of 1961. 

20 (3) Any agreement entered into by the United 

21 States Agency for International Development 

22 (USAID) or the Department of State with any de23 partment, agency, or instrumentality of the United 

24 States Government pursuant to section 632(b) of the 

25 Foreign Assistance Act of 1961 valued in excess of 


emcdonald on DSK67QTVN1PROD with BILLS
442 

•S 2130 PCS

1 $1,000,000 and any agreement made pursuant to 

2 section 632(a) of such Act, with funds appropriated 

3 by this Act and prior Acts making appropriations 

4 for the Department of State, foreign operations, and 

5 related programs under the headings ‘‘Global Health 

6 Programs’’, ‘‘Development Assistance’’, ‘‘Economic 

7 Support Fund’’, and ‘‘Assistance for Europe, Eur8 asia and Central Asia’’ shall be subject to the reg9 ular notification procedures of the Committees on 

10 Appropriations: Provided, That the requirement in 

11 the previous sentence shall not apply to agreements 

12 entered into between USAID and the Department of 

13 State. 

14 (d) TRANSFERS BETWEEN ACCOUNTS.—None of the 

15 funds made available under titles II through V of this Act 

16 may be obligated under an appropriation account to which 

17 such funds were not appropriated, except for transfers 

18 specifically provided for in this Act, unless the President, 

19 not less than 5 days prior to the exercise of any authority 

20 contained in the Foreign Assistance Act of 1961 to trans21 fer funds, consults with and provides a written policy jus22 tification to the Committees on Appropriations. 

23 (e) AUDIT OF INTER-AGENCY TRANSFERS.—Any 

24 agreement for the transfer or allocation of funds appro25 priated by this Act, or prior Acts, entered into between 


emcdonald on DSK67QTVN1PROD with BILLS
443 

•S 2130 PCS

1 the Department of State or USAID and another agency 

2 of the United States Government under the authority of 

3 section 632(a) of the Foreign Assistance Act of 1961 or 

4 any comparable provision of law, shall expressly provide 

5 that the Inspector General (IG) for the agency receiving 

6 the transfer or allocation of such funds, or other entity 

7 with audit responsibility if the receiving agency does not 

8 have an IG, shall perform periodic program and financial 

9 audits of the use of such funds: Provided, That such au10 dits shall be transmitted to the Committees on Appropria11 tions: Provided further, That funds transferred under such 

12 authority may be made available for the cost of such au13 dits. 

14 PROHIBITION ON FIRST-CLASS TRAVEL

15 SEC. 7010. None of the funds made available in this 

16 Act may be used for first-class travel by employees of 

17 agencies funded by this Act in contravention of sections 

18 301–10.122 through 301–10.124 of title 41, Code of Fed19 eral Regulations. 

20 AVAILABILITY OF FUNDS

21 SEC. 7011. No part of any appropriation contained 

22 in this Act shall remain available for obligation after the 

23 expiration of the current fiscal year unless expressly so 

24 provided in this Act: Provided, That funds appropriated 

25 for the purposes of chapters 1 and 8 of part I, section 


emcdonald on DSK67QTVN1PROD with BILLS
444 

•S 2130 PCS

1 661, chapters 4, 5, 6, 8, and 9 of part II of the Foreign 

2 Assistance Act of 1961, section 23 of the Arms Export 

3 Control Act, and funds provided under the headings ‘‘De4 velopment Credit Authority’’ and ‘‘Assistance for Europe, 

5 Eurasia and Central Asia’’ shall remain available for an 

6 additional 4 years from the date on which the availability 

7 of such funds would otherwise have expired, if such funds 

8 are initially obligated before the expiration of their respec9 tive periods of availability contained in this Act: Provided 

10 further, That notwithstanding any other provision of this 

11 Act, any funds made available for the purposes of chapter 

12 1 of part I and chapter 4 of part II of the Foreign Assist13 ance Act of 1961 which are allocated or obligated for cash 

14 disbursements in order to address balance of payments or 

15 economic policy reform objectives, shall remain available 

16 for an additional 4 years from the date on which the avail17 ability of such funds would otherwise have expired, if such 

18 funds are initially allocated or obligated before the expira19 tion of their respective periods of availability contained in 

20 this Act: Provided further, That the Secretary of State 

21 shall provide a report to the Committees on Appropria22 tions at the beginning of each fiscal year, detailing by ac23 count and source year, the use of this authority during 

24 the previous fiscal year. 


emcdonald on DSK67QTVN1PROD with BILLS
445 

•S 2130 PCS

1 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

2 SEC. 7012. No part of any appropriation provided 

3 under titles III through VI in this Act shall be used to 

4 furnish assistance to the government of any country which 

5 is in default during a period in excess of 1 calendar year 

6 in payment to the United States of principal or interest 

7 on any loan made to the government of such country by 

8 the United States pursuant to a program for which funds 

9 are appropriated under this Act unless the President de10 termines, following consultations with the Committees on 

11 Appropriations, that assistance for such country is in the 

12 national interest of the United States. 

13 PROHIBITION ON TAXATION OF UNITED STATES

14 ASSISTANCE

15 SEC. 7013. (a) PROHIBITION ON TAXATION.—None 

16 of the funds appropriated under titles III through VI of 

17 this Act may be made available to provide assistance for 

18 a foreign country under a new bilateral agreement gov19 erning the terms and conditions under which such assist20 ance is to be provided unless such agreement includes a 

21 provision stating that assistance provided by the United 

22 States shall be exempt from taxation, or reimbursed, by 

23 the foreign government, and the Secretary of State shall 

24 expeditiously seek to negotiate amendments to existing biVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00445 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
446 

•S 2130 PCS

1 lateral agreements, as necessary, to conform with this re2 quirement. 

3 (b) REIMBURSEMENT OF FOREIGN TAXES.—An 

4 amount equivalent to 200 percent of the total taxes as5 sessed during fiscal year 2016 on funds appropriated by 

6 this Act by a foreign government or entity against United 

7 States assistance programs for which funds are appro8 priated by this Act, either directly or through grantees, 

9 contractors, and subcontractors shall be withheld from ob10 ligation from funds appropriated for assistance for fiscal 

11 year 2017 and allocated for the central government of 

12 such country and for the West Bank and Gaza program 

13 to the extent that the Secretary of State certifies and re14 ports in writing to the Committees on Appropriations, not 

15 later than September 30, 2017, that such taxes have not 

16 been reimbursed to the Government of the United States. 

17 (c) DE MINIMIS EXCEPTION.—Foreign taxes of a de 

18 minimis nature shall not be subject to the provisions of 

19 subsection (b). 

20 (d) REPROGRAMMING OF FUNDS.—Funds withheld 

21 from obligation for each country or entity pursuant to sub22 section (b) shall be reprogrammed for assistance for coun23 tries which do not assess taxes on United States assistance 

24 or which have an effective arrangement that is providing 

25 substantial reimbursement of such taxes, and that can 


emcdonald on DSK67QTVN1PROD with BILLS
447 

•S 2130 PCS

1 reasonably accommodate such assistance in a program2 matically responsible manner. 

3 (e) DETERMINATIONS.— 

4 (1) The provisions of this section shall not 

5 apply to any country or entity if the Secretary of 

6 State reports to the Committees on Appropriations 

7 that— 

8 (A) such country or entity does not assess 

9 taxes on United States assistance or has an ef10 fective arrangement that is providing substan11 tial reimbursement of such taxes; or 

12 (B) the foreign policy interests of the 

13 United States outweigh the purpose of this sec14 tion to ensure that United States assistance is 

15 not subject to taxation. 

16 (2) The Secretary of State shall consult with 

17 the Committees on Appropriations at least 15 days 

18 prior to exercising the authority of this subsection 

19 with regard to any country or entity. 

20 (f) IMPLEMENTATION.—The Secretary of State shall 

21 issue rules, regulations, or policy guidance, as appropriate, 

22 to implement the prohibition against the taxation of assist23 ance contained in this section. 

24 (g) DEFINITIONS.—As used in this section— 


emcdonald on DSK67QTVN1PROD with BILLS
448 

•S 2130 PCS

1 (1) the term ‘‘bilateral agreement’’ refers to a 

2 framework bilateral agreement between the Govern3 ment of the United States and the government of 

4 the country receiving assistance that describes the 

5 privileges and immunities applicable to United 

6 States foreign assistance for such country generally, 

7 or an individual agreement between the Government 

8 of the United States and such government that de9 scribes, among other things, the treatment for tax 

10 purposes that will be accorded the United States as11 sistance provided under that agreement; and 

12 (2) the term ‘‘taxes and taxation’’ shall include 

13 value added taxes and customs duties but shall not 

14 include individual income taxes assessed to local 

15 staff. 

16 (h) REPORT.—The Secretary of State, in consultation 

17 with the heads of other relevant departments or agencies, 

18 shall submit a report to the Committees on Appropria19 tions, not later than 90 days after the enactment of this 

20 Act, detailing steps taken by such departments or agencies 

21 to comply with the requirements of this section. 

22 RESERVATIONS OF FUNDS

23 SEC. 7014. (a) REPROGRAMMING.—Funds appro24 priated under titles III through VI of this Act which are 

25 specifically designated may be reprogrammed for other 


emcdonald on DSK67QTVN1PROD with BILLS
449 

•S 2130 PCS

1 programs within the same account notwithstanding the 

2 designation if compliance with the designation is made im3 possible by operation of any provision of this or any other 

4 Act: Provided, That any such reprogramming shall be sub5 ject to the regular notification procedures of the Commit6 tees on Appropriations: Provided further, That assistance 

7 that is reprogrammed pursuant to this subsection shall be 

8 made available under the same terms and conditions as 

9 originally provided. 

10 (b) EXTENSION OF AVAILABILITY.—In addition to 

11 the authority contained in subsection (a), the original pe12 riod of availability of funds appropriated by this Act and 

13 administered by the Department of State or the United 

14 States Agency for International Development (USAID) 

15 that are specifically designated for particular programs or 

16 activities by this or any other Act may be extended for 

17 an additional fiscal year if the Secretary of State or the 

18 USAID Administrator, as appropriate, determines and re19 ports promptly to the Committees on Appropriations that 

20 the termination of assistance to a country or a significant 

21 change in circumstances makes it unlikely that such des22 ignated funds can be obligated during the original period 

23 of availability: Provided, That such designated funds that 

24 continue to be available for an additional fiscal year shall 

25 be obligated only for the purpose of such designation. 


emcdonald on DSK67QTVN1PROD with BILLS
450 

•S 2130 PCS

1 (c) OTHER ACTS.—Ceilings and specifically des2 ignated funding levels contained in this Act shall not be 

3 applicable to funds or authorities appropriated or other4 wise made available by any subsequent Act unless such 

5 Act specifically so directs: Provided, That specifically des6 ignated funding levels or minimum funding requirements 

7 contained in any other Act shall not be applicable to funds 

8 appropriated by this Act. 

9 NOTIFICATION REQUIREMENTS

10 SEC. 7015. (a) REPROGRAMMING OF FUNDS.—None 

11 of the funds made available in titles I and II of this Act, 

12 or in prior appropriations Acts to the agencies and depart13 ments funded by this Act that remain available for obliga14 tion or expenditure in fiscal year 2016, or provided from 

15 any accounts in the Treasury of the United States derived 

16 by the collection of fees or of currency reflows or other 

17 offsetting collections, or made available by transfer, to the 

18 agencies and departments funded by this Act, shall be 

19 available for obligation or expenditure through a re20 programming of funds that— 

21 (1) creates new programs; 

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

23 (3) increases funds or personnel by any means 

24 for any project or activity for which funds have been 

25 denied or restricted; 


emcdonald on DSK67QTVN1PROD with BILLS
451 

•S 2130 PCS

1 (4) relocates an office or employees; 

2 (5) closes or opens a mission or post; 

3 (6) creates, closes, reorganizes, or renames bu4 reaus, centers, or offices; 

5 (7) reorganizes programs or activities; or 

6 (8) contracts out or privatizes any functions or 

7 activities presently performed by Federal employees; 

8 unless the Committees on Appropriations are notified 15 

9 days in advance of such reprogramming of funds: Pro10 vided, That unless previously justified to the Committees 

11 on Appropriations, the requirements of this subsection 

12 shall apply to all obligations of funds appropriated under 

13 titles I and II of this Act for paragraphs (1), (2), (5), 

14 and (6) of this subsection. 

15 (b) LIMITATION.—None of the funds provided under 

16 titles I and II of this Act, or provided under previous ap17 propriations Acts to the agency or department funded 

18 under titles I and II of this Act that remain available for 

19 obligation or expenditure in fiscal year 2016, or provided 

20 from any accounts in the Treasury of the United States 

21 derived by the collection of fees available to the agency 

22 or department funded under title I of this Act, shall be 

23 available for obligation or expenditure for activities, pro24 grams, or projects through a reprogramming of funds in 


emcdonald on DSK67QTVN1PROD with BILLS
452 

•S 2130 PCS

1 excess of $1,000,000 or 10 percent, whichever is less, 

2 that— 

3 (1) augments existing programs, projects, or ac4 tivities; 

5 (2) reduces by 10 percent funding for any exist6 ing program, project, or activity, or numbers of per7 sonnel by 10 percent as approved by Congress; or 

8 (3) results from any general savings, including 

9 savings from a reduction in personnel, which would 

10 result in a change in existing programs, activities, or 

11 projects as approved by Congress; 

12 unless the Committees on Appropriations are notified 15 

13 days in advance of such reprogramming of funds. 

14 (c) NOTIFICATION REQUIREMENT.—None of the 

15 funds made available by this Act under the headings 

16 ‘‘Global Health Programs’’, ‘‘Development Assistance’’, 

17 ‘‘International Organizations and Programs’’, ‘‘Trade and 

18 Development Agency’’, ‘‘International Narcotics Control 

19 and Law Enforcement’’, ‘‘Economic Support Fund’’, ‘‘De20 mocracy Fund’’, ‘‘Assistance for Europe, Eurasia and 

21 Central Asia’’, ‘‘Peacekeeping Operations’’, ‘‘Non22 proliferation, Anti-terrorism, Demining and Related Pro23 grams’’, ‘‘Millennium Challenge Corporation’’, ‘‘Foreign 

24 Military Financing Program’’, ‘‘International Military 

25 Education and Training’’, ‘‘Conflict Stabilization OperVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00452 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
453 

•S 2130 PCS

1 ations’’, and ‘‘Peace Corps’’, shall be available for obliga2 tion for activities, programs, projects, type of materiel as3 sistance, countries, or other operations not justified or in 

4 excess of the amount justified to the Committees on Ap5 propriations for obligation under any of these specific 

6 headings unless the Committees on Appropriations are no7 tified 15 days in advance: Provided, That the President 

8 shall not enter into any commitment of funds appropriated 

9 for the purposes of section 23 of the Arms Export Control 

10 Act for the provision of major defense equipment, other 

11 than conventional ammunition, or other major defense 

12 items defined to be aircraft, ships, missiles, or combat ve13 hicles, not previously justified to Congress or 20 percent 

14 in excess of the quantities justified to Congress unless the 

15 Committees on Appropriations are notified 15 days in ad16 vance of such commitment: Provided further, That require17 ments of this subsection or any similar provision of this 

18 or any other Act shall not apply to any reprogramming 

19 for an activity, program, or project for which funds are 

20 appropriated under titles III through VI of this Act of less 

21 than 10 percent of the amount previously justified to Con22 gress for obligation for such activity, program, or project 

23 for the current fiscal year. 

24 (d) NOTIFICATION OF TRANSFER OF FUNDS.—Not25 withstanding any other provision of law, with the excepVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00453 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
454 

•S 2130 PCS

1 tion of funds transferred to, and merged with, funds ap2 propriated under title I of this Act, funds transferred by 

3 the Department of Defense to the Department of State 

4 and the United States Agency for International Develop5 ment for assistance for foreign countries and international 

6 organizations, and funds made available for programs pre7 viously authorized under section 1206 of the National De8 fense Authorization Act for Fiscal Year 2006 (Public Law 

9 109–163) or section 2282 of title 10, United States Code, 

10 shall be subject to the regular notification procedures of 

11 the Committees on Appropriations. 

12 (e) WAIVER.—The requirements of this section or 

13 any similar provision of this Act or any other Act, includ14 ing any prior Act requiring notification in accordance with 

15 the regular notification procedures of the Committees on 

16 Appropriations, may be waived if failure to do so would 

17 pose a substantial risk to human health or welfare: Pro18 vided, That in case of any such waiver, notification to the 

19 Committees on Appropriations shall be provided as early 

20 as practicable, but in no event later than 3 days after tak21 ing the action to which such notification requirement was 

22 applicable, in the context of the circumstances necessi23 tating such waiver: Provided further, That any notification 

24 provided pursuant to such a waiver shall contain an expla25 nation of the emergency circumstances. 


emcdonald on DSK67QTVN1PROD with BILLS
455 

•S 2130 PCS

1 (f) COUNTRY NOTIFICATION REQUIREMENTS.—None 

2 of the funds appropriated under titles III through VI of 

3 this Act shall be obligated or expended for assistance for 

4 Afghanistan, Bahrain, Bolivia, Burma, Cambodia, Cuba, 

5 Ecuador, Egypt, Ethiopia, Guatemala, Haiti, Honduras, 

6 Iran, Iraq, Lebanon, Libya, Pakistan, the Russian Fed7 eration, Rwanda, Serbia, Somalia, South Sudan, Sri 

8 Lanka, Sudan, Syria, Uzbekistan, Venezuela, Yemen, and 

9 Zimbabwe except as provided through the regular notifica10 tion procedures of the Committees on Appropriations. 

11 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

12 SEC. 7016. Prior to providing excess Department of 

13 Defense articles in accordance with section 516(a) of the 

14 Foreign Assistance Act of 1961, the Department of De15 fense shall notify the Committees on Appropriations to the 

16 same extent and under the same conditions as other com17 mittees pursuant to subsection (f) of that section: Pro18 vided, That before issuing a letter of offer to sell excess 

19 defense articles under the Arms Export Control Act, the 

20 Department of Defense shall notify the Committees on 

21 Appropriations in accordance with the regular notification 

22 procedures of such Committees if such defense articles are 

23 significant military equipment (as defined in section 47(9) 

24 of the Arms Export Control Act) or are valued (in terms 

25 of original acquisition cost) at $7,000,000 or more, or if 


emcdonald on DSK67QTVN1PROD with BILLS
456 

•S 2130 PCS

1 notification is required elsewhere in this Act for the use 

2 of appropriated funds for specific countries that would re3 ceive such excess defense articles: Provided further, That 

4 such Committees shall also be informed of the original ac5 quisition cost of such defense articles. 

6 LIMITATION ON AVAILABILITY OF FUNDS FOR

7 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

8 SEC. 7017. Subject to the regular notification proce9 dures of the Committees on Appropriations, funds appro10 priated under titles I and III through V of this Act, which 

11 are returned or not made available for organizations and 

12 programs because of the implementation of section 307(a) 

13 of the Foreign Assistance Act of 1961 or section 7048(a) 

14 of this Act, shall remain available for obligation until Sep15 tember 30, 2018: Provided, That the requirement to with16 hold funds for programs in Burma under section 307(a) 

17 of the Foreign Assistance Act of 1961 shall not apply to 

18 funds appropriated by this Act. 

19 PROHIBITION ON FUNDING FOR ABORTIONS AND

20 INVOLUNTARY STERILIZATION

21 SEC. 7018. None of the funds made available to carry 

22 out part I of the Foreign Assistance Act of 1961, as 

23 amended, may be used to pay for the performance of abor24 tions as a method of family planning or to motivate or 

25 coerce any person to practice abortions. None of the funds 


emcdonald on DSK67QTVN1PROD with BILLS
457 

•S 2130 PCS

1 made available to carry out part I of the Foreign Assist2 ance Act of 1961, as amended, may be used to pay for 

3 the performance of involuntary sterilization as a method 

4 of family planning or to coerce or provide any financial 

5 incentive to any person to undergo sterilizations. None of 

6 the funds made available to carry out part I of the Foreign 

7 Assistance Act of 1961, as amended, may be used to pay 

8 for any biomedical research which relates in whole or in 

9 part, to methods of, or the performance of, abortions or 

10 involuntary sterilization as a means of family planning. 

11 None of the funds made available to carry out part I of 

12 the Foreign Assistance Act of 1961, as amended, may be 

13 obligated or expended for any country or organization if 

14 the President certifies that the use of these funds by any 

15 such country or organization would violate any of the 

16 above provisions related to abortions and involuntary steri17 lizations. 

18 ALLOCATIONS

19 SEC. 7019. (a) REPORT TABLES.—Funds provided 

20 by this Act shall be made available for programs and coun21 tries in the amounts specifically designated in the report 

22 accompanying this Act, including such amounts in the re23 spective tables. 

24 (b) LIMITED DEVIATION AUTHORITY.—For the pur25 poses of implementing this section and only with respect 


emcdonald on DSK67QTVN1PROD with BILLS
458 

•S 2130 PCS

1 to the amounts for programs and countries specifically 

2 designated in the tables in the report accompanying this 

3 Act, the Secretary of State, the Administrator of the 

4 United States Agency for International Development, and 

5 the Broadcasting Board of Governors, as appropriate, may 

6 propose deviations to the amounts referenced in subsection 

7 (a), subject to the regular notification procedures of the 

8 Committees on Appropriations. 

9 REPRESENTATION AND ENTERTAINMENT EXPENSES

10 SEC. 7020. (a) USES OF FUNDS.—Each Federal de11 partment, agency, or entity funded in titles I or II of this 

12 Act, and the Department of the Treasury and independent 

13 agencies funded in titles III or VI of this Act, shall take 

14 steps to ensure that domestic and overseas representation 

15 and entertainment expenses further official agency busi16 ness and United States foreign policy interests and are— 

17 (1) primarily for fostering relations outside of 

18 the Executive Branch; 

19 (2) principally for meals and events of a pro20 tocol nature; 

21 (3) not for employee-only events; and 

22 (4) do not include activities that are substan23 tially of a recreational character. 

24 (b) LIMITATIONS.—None of the funds appropriated 

25 or otherwise made available by this Act under the headVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00458 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
459 

•S 2130 PCS

1 ings ‘‘International Military Education and Training’’ or 

2 ‘‘Foreign Military Financing Program’’ for Informational 

3 Program activities or under the headings ‘‘Global Health 

4 Programs’’, ‘‘Development Assistance’’, ‘‘Economic Sup5 port Fund’’, and ‘‘Assistance for Europe, Eurasia and 

6 Central Asia’’ may be obligated or expended to pay for— 

7 (1) alcoholic beverages; or 

8 (2) entertainment expenses for activities that 

9 are substantially of a recreational character, includ10 ing but not limited to entrance fees at sporting 

11 events, theatrical and musical productions, and 

12 amusement parks. 

13 PROHIBITION ON ASSISTANCE TO GOVERNMENTS

14 SUPPORTING INTERNATIONAL TERRORISM

15 SEC. 7021. (a) LETHAL MILITARY EQUIPMENT EX16 PORTS.— 

17 (1) PROHIBITION.—None of the funds appro18 priated or otherwise made available by titles III 

19 through VI of this Act may be made available to any 

20 foreign government which provides lethal military 

21 equipment to a country the government of which the 

22 Secretary of State determines and reports to the 

23 Committees on Appropriations supports inter24 national terrorism for purposes of section 6(j) of the 

25 Export Administration Act of 1979 as continued in 


emcdonald on DSK67QTVN1PROD with BILLS
460 

•S 2130 PCS

1 effect pursuant to the International Emergency Eco2 nomic Powers Act: Provided, That the prohibition 

3 under this section with respect to a foreign govern4 ment shall terminate 12 months after the Secretary 

5 determines and reports to such Committees that 

6 such government ceases to provide such military 

7 equipment: Provided further, That this section ap8 plies with respect to lethal military equipment pro9 vided under a contract entered into after October 1, 

10 1997. 

11 (2) DETERMINATION.—Assistance restricted by 

12 paragraph (1) or any other similar provision of law, 

13 may be furnished if the President determines that to 

14 do so is important to the national interests of the 

15 United States. 

16 (3) REPORT.—Whenever the President makes a 

17 determination pursuant to paragraph (2), the Presi18 dent shall submit to the Committees on Appropria19 tions a report with respect to the furnishing of such 

20 assistance, including a detailed explanation of the 

21 assistance to be provided, the estimated dollar 

22 amount of such assistance, and an explanation of 

23 how the assistance furthers United States national 

24 interests. 

25 (b) BILATERAL ASSISTANCE.— 


emcdonald on DSK67QTVN1PROD with BILLS
461 

•S 2130 PCS

1 (1) LIMITATIONS.—Funds appropriated for bi2 lateral assistance in titles III through VI of this Act 

3 and funds appropriated under any such title in prior 

4 Acts making appropriations for the Department of 

5 State, foreign operations, and related programs, 

6 shall not be made available to any foreign govern7 ment which the President determines— 

8 (A) grants sanctuary from prosecution to 

9 any individual or group which has committed 

10 an act of international terrorism; 

11 (B) otherwise supports international ter12 rorism; or 

13 (C) is controlled by an organization des14 ignated as a terrorist organization under sec15 tion 219 of the Immigration and Nationality 

16 Act. 

17 (2) WAIVER.—The President may waive the ap18 plication of paragraph (1) to a government if the 

19 President determines that national security or hu20 manitarian reasons justify such waiver: Provided, 

21 That the President shall publish each such waiver in 

22 the Federal Register and, at least 15 days before the 

23 waiver takes effect, shall notify the Committees on 

24 Appropriations of the waiver (including the justifica25 tion for the waiver) in accordance with the regular 


emcdonald on DSK67QTVN1PROD with BILLS
462 

•S 2130 PCS

1 notification procedures of the Committees on Appro2 priations. 

3 AUTHORIZATION REQUIREMENTS

4 SEC. 7022. Funds appropriated by this Act, except 

5 funds appropriated under the heading ‘‘Trade and Devel6 opment Agency’’, may be obligated and expended notwith7 standing section 10 of Public Law 91–672, section 15 of 

8 the State Department Basic Authorities Act of 1956, sec9 tion 313 of the Foreign Relations Authorization Act, Fis10 cal Years 1994 and 1995 (Public Law 103–236), and sec11 tion 504(a)(1) of the National Security Act of 1947 (50 

12 U.S.C. 3094(a)(1)). 

13 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

14 SEC. 7023. For the purpose of titles II through VI 

15 of this Act ‘‘program, project, and activity’’ shall be de16 fined at the appropriations Act account level and shall in17 clude all appropriations and authorizations Acts funding 

18 directives, ceilings, and limitations with the exception that 

19 for the following accounts: ‘‘Economic Support Fund’’ and 

20 ‘‘Foreign Military Financing Program’’, ‘‘program, 

21 project, and activity’’ shall also be considered to include 

22 country, regional, and central program level funding with23 in each such account; and for the development assistance 

24 accounts of the United States Agency for International 

25 Development, ‘‘program, project, and activity’’ shall also 


emcdonald on DSK67QTVN1PROD with BILLS
463 

•S 2130 PCS

1 be considered to include central, country, regional, and 

2 program level funding, either as— 

3 (1) justified to Congress; or 

4 (2) allocated by the Executive Branch in ac5 cordance with a report, to be provided to the Com6 mittees on Appropriations within 30 days of the en7 actment of this Act, as required by section 653(a) 

8 of the Foreign Assistance Act of 1961. 

9 AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN

10 FOUNDATION AND UNITED STATES AFRICAN DEVEL11 OPMENT FOUNDATION

12 SEC. 7024. Unless expressly provided to the contrary, 

13 provisions of this or any other Act, including provisions 

14 contained in prior Acts authorizing or making appropria15 tions for the Department of State, foreign operations, and 

16 related programs, shall not be construed to prohibit activi17 ties authorized by or conducted under the Peace Corps 

18 Act, the Inter-American Foundation Act or the African 

19 Development Foundation Act: Provided, That prior to con20 ducting activities in a country for which assistance is pro21 hibited, the agency shall consult with the Committees on 

22 Appropriations and report to such Committees within 15 

23 days of taking such action. 


emcdonald on DSK67QTVN1PROD with BILLS
464 

•S 2130 PCS

1 COMMERCE, TRADE AND SURPLUS COMMODITIES

2 SEC. 7025. (a) WORLD MARKETS.—None of the 

3 funds appropriated or made available pursuant to titles 

4 III through VI of this Act for direct assistance and none 

5 of the funds otherwise made available to the Export-Im6 port Bank and the Overseas Private Investment Corpora7 tion shall be obligated or expended to finance any loan, 

8 any assistance, or any other financial commitments for es9 tablishing or expanding production of any commodity for 

10 export by any country other than the United States, if 

11 the commodity is likely to be in surplus on world markets 

12 at the time the resulting productive capacity is expected 

13 to become operative and if the assistance will cause sub14 stantial injury to United States producers of the same, 

15 similar, or competing commodity: Provided, That such 

16 prohibition shall not apply to the Export-Import Bank if 

17 in the judgment of its Board of Directors the benefits to 

18 industry and employment in the United States are likely 

19 to outweigh the injury to United States producers of the 

20 same, similar, or competing commodity, and the Chairman 

21 of the Board so notifies the Committees on Appropria22 tions: Provided further, That this subsection shall not pro23 hibit— 

24 (1) activities in a country that is eligible for as25 sistance from the International Development AssoVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00464 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
465 

•S 2130 PCS

1 ciation, is not eligible for assistance from the Inter2 national Bank for Reconstruction and Development, 

3 and does not export on a consistent basis the agri4 cultural commodity with respect to which assistance 

5 is furnished; or 

6 (2) activities in a country the President deter7 mines is recovering from widespread conflict, a hu8 manitarian crisis, or a complex emergency. 

9 (b) EXPORTS.—None of the funds appropriated by 

10 this or any other Act to carry out chapter 1 of part I 

11 of the Foreign Assistance Act of 1961 shall be available 

12 for any testing or breeding feasibility study, variety im13 provement or introduction, consultancy, publication, con14 ference, or training in connection with the growth or pro15 duction in a foreign country of an agricultural commodity 

16 for export which would compete with a similar commodity 

17 grown or produced in the United States: Provided, That 

18 this subsection shall not prohibit— 

19 (1) activities designed to increase food security 

20 in developing countries where such activities will not 

21 have a significant impact on the export of agricul22 tural commodities of the United States; 

23 (2) research activities intended primarily to 

24 benefit United States producers; 


emcdonald on DSK67QTVN1PROD with BILLS
466 

•S 2130 PCS

1 (3) activities in a country that is eligible for as2 sistance from the International Development Asso3 ciation, is not eligible for assistance from the Inter4 national Bank for Reconstruction and Development, 

5 and does not export on a consistent basis the agri6 cultural commodity with respect to which assistance 

7 is furnished; or 

8 (4) activities in a country the President deter9 mines is recovering from widespread conflict, a hu10 manitarian crisis, or a complex emergency. 

11 (c) INTERNATIONAL FINANCIAL INSTITUTIONS.— 

12 The Secretary of the Treasury shall instruct the United 

13 States executive directors of the international financial in14 stitutions, as defined in section 7034(r)(3) of this Act, to 

15 use the voice and vote of the United States to oppose any 

16 assistance by such institutions, using funds appropriated 

17 or made available by this Act, for the production or extrac18 tion of any commodity or mineral for export, if it is in 

19 surplus on world markets and if the assistance will cause 

20 substantial injury to United States producers of the same, 

21 similar, or competing commodity. 

22 SEPARATE ACCOUNTS

23 SEC. 7026. (a) SEPARATE ACCOUNTS FOR LOCAL

24 CURRENCIES.— 


emcdonald on DSK67QTVN1PROD with BILLS
467 

•S 2130 PCS

1 (1) AGREEMENTS.—If assistance is furnished to 

2 the government of a foreign country under chapters 

3 1 and 10 of part I or chapter 4 of part II of the 

4 Foreign Assistance Act of 1961 under agreements 

5 which result in the generation of local currencies of 

6 that country, the Administrator of the United States 

7 Agency for International Development (USAID) 

8 shall— 

9 (A) require that local currencies be depos10 ited in a separate account established by that 

11 government; 

12 (B) enter into an agreement with that gov13 ernment which sets forth— 

14 (i) the amount of the local currencies 

15 to be generated; and 

16 (ii) the terms and conditions under 

17 which the currencies so deposited may be 

18 utilized, consistent with this section; and 

19 (C) establish by agreement with that gov20 ernment the responsibilities of USAID and that 

21 government to monitor and account for deposits 

22 into and disbursements from the separate ac23 count. 

24 (2) USES OF LOCAL CURRENCIES.—As may be 

25 agreed upon with the foreign government, local curVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00467 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
468 

•S 2130 PCS

1 rencies deposited in a separate account pursuant to 

2 subsection (a), or an equivalent amount of local cur3 rencies, shall be used only— 

4 (A) to carry out chapter 1 or 10 of part 

5 I or chapter 4 of part II of the Foreign Assist6 ance Act of 1961 (as the case may be), for such 

7 purposes as— 

8 (i) project and sector assistance activi9 ties; or 

10 (ii) debt and deficit financing; or 

11 (B) for the administrative requirements of 

12 the United States Government. 

13 (3) PROGRAMMING ACCOUNTABILITY.—USAID 

14 shall take all necessary steps to ensure that the 

15 equivalent of the local currencies disbursed pursuant 

16 to subsection (a)(2)(A) from the separate account 

17 established pursuant to subsection (a)(1) are used 

18 for the purposes agreed upon pursuant to subsection 

19 (a)(2). 

20 (4) TERMINATION OF ASSISTANCE PRO21 GRAMS.—Upon termination of assistance to a coun22 try under chapter 1 or 10 of part I or chapter 4 of 

23 part II of the Foreign Assistance Act of 1961 (as 

24 the case may be), any unencumbered balances of 

25 funds which remain in a separate account estabVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00468 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
469 

•S 2130 PCS

1 lished pursuant to subsection (a) shall be disposed of 

2 for such purposes as may be agreed to by the gov3 ernment of that country and the United States Gov4 ernment. 

5 (5) REPORTING REQUIREMENT.—The USAID 

6 Administrator shall report on an annual basis as 

7 part of the justification documents submitted to the 

8 Committees on Appropriations on the use of local 

9 currencies for the administrative requirements of the 

10 United States Government as authorized in sub11 section (a)(2)(B), and such report shall include the 

12 amount of local currency (and United States dollar 

13 equivalent) used or to be used for such purpose in 

14 each applicable country. 

15 (b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.— 

16 (1) IN GENERAL.—If assistance is made avail17 able to the government of a foreign country, under 

18 chapter 1 or 10 of part I or chapter 4 of part II of 

19 the Foreign Assistance Act of 1961, as cash transfer 

20 assistance or as nonproject sector assistance, that 

21 country shall be required to maintain such funds in 

22 a separate account and not commingle with any 

23 other funds. 

24 (2) APPLICABILITY OF OTHER PROVISIONS OF

25 LAW.—Such funds may be obligated and expended 


emcdonald on DSK67QTVN1PROD with BILLS
470 

•S 2130 PCS

1 notwithstanding provisions of law which are incon2 sistent with the nature of this assistance including 

3 provisions which are referenced in the Joint Explan4 atory Statement of the Committee of Conference ac5 companying House Joint Resolution 648 (House Re6 port No. 98–1159). 

7 (3) NOTIFICATION.—At least 15 days prior to 

8 obligating any such cash transfer or nonproject sec9 tor assistance, the President shall submit a notifica10 tion through the regular notification procedures of 

11 the Committees on Appropriations, which shall in12 clude a detailed description of how the funds pro13 posed to be made available will be used, with a dis14 cussion of the United States interests that will be 

15 served by the assistance (including, as appropriate, 

16 a description of the economic policy reforms that will 

17 be promoted by such assistance). 

18 (4) EXEMPTION.—Nonproject sector assistance 

19 funds may be exempt from the requirements of para20 graph (1) only through the regular notification pro21 cedures of the Committees on Appropriations. 

22 ELIGIBILITY FOR ASSISTANCE

23 SEC. 7027. (a) ASSISTANCE THROUGH NONGOVERN24 MENTAL ORGANIZATIONS.—Restrictions contained in this 

25 or any other Act with respect to assistance for a country 


emcdonald on DSK67QTVN1PROD with BILLS
471 

•S 2130 PCS

1 shall not be construed to restrict assistance in support of 

2 programs of nongovernmental organizations from funds 

3 appropriated by this Act to carry out the provisions of 

4 chapters 1, 10, 11, and 12 of part I and chapter 4 of 

5 part II of the Foreign Assistance Act of 1961 and from 

6 funds appropriated under the heading ‘‘Assistance for Eu7 rope, Eurasia and Central Asia’’: Provided, That before 

8 using the authority of this subsection to furnish assistance 

9 in support of programs of nongovernmental organizations, 

10 the President shall notify the Committees on Appropria11 tions pursuant to the regular notification procedures, in12 cluding a description of the program to be assisted, the 

13 assistance to be provided, and the reasons for furnishing 

14 such assistance: Provided further, That nothing in this 

15 subsection shall be construed to alter any existing statu16 tory prohibitions against abortion or involuntary steriliza17 tions contained in this or any other Act. 

18 (b) PUBLIC LAW 480.—During fiscal year 2016, re19 strictions contained in this or any other Act with respect 

20 to assistance for a country shall not be construed to re21 strict assistance under the Food for Peace Act (Public 

22 Law 83–480): Provided, That none of the funds appro23 priated to carry out title I of such Act and made available 

24 pursuant to this subsection may be obligated or expended 


emcdonald on DSK67QTVN1PROD with BILLS
472 

•S 2130 PCS

1 except as provided through the regular notification proce2 dures of the Committees on Appropriations. 

3 (c) EXCEPTION.—This section shall not apply— 

4 (1) with respect to section 620A of the Foreign 

5 Assistance Act of 1961 or any comparable provision 

6 of law prohibiting assistance to countries that sup7 port international terrorism; or 

8 (2) with respect to section 116 of the Foreign 

9 Assistance Act of 1961 or any comparable provision 

10 of law prohibiting assistance to the government of a 

11 country that violates internationally recognized 

12 human rights. 

13 LOCAL COMPETITION

14 SEC. 7028. (a) REQUIREMENTS FOR EXCEPTIONS TO

15 COMPETITION FOR LOCAL ENTITIES.—Funds appro16 priated by this Act that are made available to the United 

17 States Agency for International Development (USAID) 

18 may only be made available for limited competitions 

19 through local entities if— 

20 (1) prior to the determination to limit competi21 tion to local entities, USAID has— 

22 (A) assessed the level of local capacity to 

23 effectively implement, manage, and account for 

24 programs included in such competition; and 


emcdonald on DSK67QTVN1PROD with BILLS
473 

•S 2130 PCS

1 (B) documented the written results of the 

2 assessment and decisions made; and 

3 (2) prior to making an award after limiting 

4 competition to local entities— 

5 (A) each successful local entity has been 

6 determined to be responsible in accordance with 

7 USAID guidelines; and 

8 (B) effective monitoring and evaluation 

9 systems are in place to ensure that award fund10 ing is used for its intended purposes; and 

11 (3) no level of acceptable fraud is assumed. 

12 (b) REPORTING REQUIREMENT.—In addition to the 

13 requirements of paragraph (1), the USAID Administrator 

14 shall report, on an annual basis, to the appropriate con15 gressional committees on all awards subject to limited or 

16 no competition for local entities: Provided, That such re17 port should be posted on the USAID Web site: Provided 

18 further, That the requirements of this subsection shall only 

19 apply to awards in excess of $3,000,000 and sole source 

20 awards to local entities in excess of $2,000,000. 

21 (c) EXTENSION OF PROCUREMENT AUTHORITY.— 

22 Section 7077 of the Department of State, Foreign Oper23 ations, and Related Programs Appropriations Act, 2012 

24 (division I of Public Law 112–74) shall continue in effect 

25 during fiscal year 2016, as amended by the Department 


emcdonald on DSK67QTVN1PROD with BILLS
474 

•S 2130 PCS

1 of State, Foreign Operations, and Related Programs Ap2 propriations Act, 2014 (division K of Public Law 113– 

3 76). 

4 INTERNATIONAL FINANCIAL INSTITUTIONS

5 SEC. 7029. (a) EVALUATIONS AND REPORT.—The 

6 Secretary of the Treasury shall instruct the United States 

7 executive director of each international financial institu8 tion to seek to require that such institution adopts and 

9 implements a publicly available policy, including the stra10 tegic use of peer reviews and external experts, to conduct 

11 independent, in-depth evaluations of the effectiveness of 

12 at least 25 percent of all loans, grants, programs, and sig13 nificant analytical non-lending activities in advancing the 

14 institution’s goals of reducing poverty and promoting equi15 table economic growth, consistent with relevant safe16 guards, to ensure that decisions to support such loans, 

17 grants, programs, and activities are based on accurate 

18 data and objective analysis: Provided, That not later than 

19 180 days after enactment of this Act, the Secretary shall 

20 submit a report to the Committees on Appropriations on 

21 steps taken by the United States executive directors and 

22 the international financial institutions consistent with this 

23 subsection. 

24 (b) SAFEGUARDS.—The Secretary of the Treasury 

25 shall instruct the United States Executive Director of the 


emcdonald on DSK67QTVN1PROD with BILLS
475 

•S 2130 PCS

1 International Bank for Reconstruction and Development 

2 and the International Development Association to vote 

3 against any loan, grant, policy, or strategy if such institu4 tion has adopted and is implementing any social or envi5 ronmental safeguard relevant to such loan, grant, policy, 

6 or strategy that provides less protection than World Bank 

7 safeguards in effect on September 30, 2015. 

8 (c) COMPENSATION.—None of the funds appro9 priated under title V of this Act may be made as payment 

10 to any international financial institution while the United 

11 States executive director to such institution is com12 pensated by the institution at a rate which, together with 

13 whatever compensation such executive director receives 

14 from the United States, is in excess of the rate provided 

15 for an individual occupying a position at level IV of the 

16 Executive Schedule under section 5315 of title 5, United 

17 States Code, or while any alternate United States execu18 tive director to such institution is compensated by the in19 stitution at a rate in excess of the rate provided for an 

20 individual occupying a position at level V of the Executive 

21 Schedule under section 5316 of title 5, United States 

22 Code. 

23 (d) HUMAN RIGHTS.—The Secretary of the Treasury 

24 shall instruct the United States executive director of each 

25 international financial institution to seek to require that 


emcdonald on DSK67QTVN1PROD with BILLS
476 

•S 2130 PCS

1 such institution conducts rigorous human rights due dili2 gence and human rights risk management, as appropriate, 

3 in connection with any loan, grant, policy, or strategy of 

4 such institution: Provided, That prior to voting on any 

5 such loan, grant, policy, or strategy the executive director 

6 shall consult with the Assistant Secretary for Democracy, 

7 Human Rights, and Labor, Department of State, if the 

8 executive director has reason to believe that such loan, 

9 grant, policy, or strategy could result in forced displace10 ment or other violation of human rights. 

11 (e) FRAUD AND CORRUPTION.—The Secretary of the 

12 Treasury shall instruct the United States executive direc13 tor of each international financial institution to promote 

14 in loan, grant, and other financing agreements improve15 ments in borrowing countries’ financial management and 

16 judicial capacity to investigate, prosecute, and punish 

17 fraud and corruption. 

18 (f) BENEFICIAL OWNERSHIP INFORMATION.—The 

19 Secretary of the Treasury shall instruct the United States 

20 executive director of each international financial institu21 tion to seek to require that such institution collects, 

22 verifies, and publishes, to the maximum extent practicable, 

23 beneficial ownership information (excluding proprietary 

24 information) for any corporation or limited liability com25 pany, other than a publicly listed company, that receives 


emcdonald on DSK67QTVN1PROD with BILLS
477 

•S 2130 PCS

1 funds appropriated by this Act that are provided as pay2 ment to such institution: Provided, That not later than 

3 180 days after enactment of this Act, the Secretary shall 

4 submit a report to the Committees on Appropriations on 

5 steps taken by the United States executive directors and 

6 the international financial institutions consistent with this 

7 subsection. 

8 (g) WHISTLEBLOWER PROTECTIONS.—The Secretary 

9 of the Treasury shall instruct the United States executive 

10 director of each international financial institution to seek 

11 to require that each such institution is effectively imple12 menting and enforcing policies and procedures which re13 flect best practices for the protection of whistleblowers 

14 from retaliation, including best practices for— 

15 (1) protection against retaliation for internal 

16 and lawful public disclosure; 

17 (2) legal burdens of proof; 

18 (3) statutes of limitation for reporting retalia19 tion; 

20 (4) access to independent adjudicative bodies, 

21 including external arbitration; and 

22 (5) results that eliminate the effects of proven 

23 retaliation. 


emcdonald on DSK67QTVN1PROD with BILLS
478 

•S 2130 PCS

1 DEBT-FOR-DEVELOPMENT

2 SEC. 7030. In order to enhance the continued partici3 pation of nongovernmental organizations in debt-for-devel4 opment and debt-for-nature exchanges, a nongovern5 mental organization which is a grantee or contractor of 

6 the United States Agency for International Development 

7 may place in interest bearing accounts local currencies 

8 which accrue to that organization as a result of economic 

9 assistance provided under title III of this Act and, subject 

10 to the regular notification procedures of the Committees 

11 on Appropriations, any interest earned on such investment 

12 shall be used for the purpose for which the assistance was 

13 provided to that organization. 

14 FINANCIAL MANAGEMENT AND BUDGET TRANSPARENCY

15 SEC. 7031. (a) LIMITATION ON DIRECT GOVERN16 MENT-TO-GOVERNMENT ASSISTANCE.— 

17 (1) REQUIREMENTS.—Funds appropriated by 

18 this Act may be made available for direct govern19 ment-to-government assistance only if— 

20 (A)(i) each implementing agency or min21 istry to receive assistance has been assessed 

22 and is considered to have the systems required 

23 to manage such assistance and any identified 

24 vulnerabilities or weaknesses of such agency or 

25 ministry have been addressed; 


emcdonald on DSK67QTVN1PROD with BILLS
479 

•S 2130 PCS

1 (ii) the recipient agency or ministry em2 ploys and utilizes staff with the necessary tech3 nical, financial, and management capabilities; 

4 (iii) the recipient agency or ministry has 

5 adopted competitive procurement policies and 

6 systems; 

7 (iv) effective monitoring and evaluation 

8 systems are in place to ensure that such assist9 ance is used for its intended purposes; 

10 (v) no level of acceptable fraud is assumed; 

11 and 

12 (vi) the government of the recipient coun13 try is taking steps to publicly disclose on an an14 nual basis its national budget, to include in15 come and expenditures; 

16 (B) the recipient government is in compli17 ance with the principles set forth in section 

18 7013 of this Act; 

19 (C) the recipient agency or ministry is not 

20 headed or controlled by an organization des21 ignated as a foreign terrorist organization 

22 under section 219 of the Immigration and Na23 tionality Act; 

24 (D) the Government of the United States 

25 and the government of the recipient country 


emcdonald on DSK67QTVN1PROD with BILLS
480 

•S 2130 PCS

1 have agreed, in writing, on clear and achievable 

2 objectives for the use of such assistance, which 

3 should be made available on a cost-reimbursable 

4 basis; and 

5 (E) the recipient government is taking 

6 steps to protect the rights of civil society, in7 cluding freedoms of expression, association, and 

8 assembly. 

9 (2) CONSULTATION AND NOTIFICATION.—In 

10 addition to the requirements in paragraph (1), no 

11 funds may be made available for direct government12 to-government assistance without prior consultation 

13 with, and notification of, the Committees on Appro14 priations: Provided, That such notification shall con15 tain an explanation of how the proposed activity 

16 meets the requirements of paragraph (1): Provided 

17 further, That the requirements of this paragraph 

18 shall only apply to direct government-to-government 

19 assistance in excess of $10,000,000 and all funds 

20 available for cash transfer, budget support, and cash 

21 payments to individuals. 

22 (3) SUSPENSION OF ASSISTANCE.—The Admin23 istrator of the United States Agency for Inter24 national Development (USAID) or the Secretary of 

25 State, as appropriate, shall suspend any direct govVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00480 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
481 

•S 2130 PCS

1 ernment-to-government assistance if the Adminis2 trator or the Secretary has credible information of 

3 material misuse of such assistance, unless the Ad4 ministrator or the Secretary reports to the Commit5 tees on Appropriations that it is in the national in6 terest of the United States to continue such assist7 ance, including a justification, or that such misuse 

8 has been appropriately addressed. 

9 (4) SUBMISSION OF INFORMATION.—The Sec10 retary of State shall submit to the Committees on 

11 Appropriations, concurrent with the fiscal year 2017 

12 congressional budget justification materials, amounts 

13 planned for assistance described in paragraph (1) by 

14 country, proposed funding amount, source of funds, 

15 and type of assistance. 

16 (5) REPORT.—Not later than 90 days after the 

17 enactment of this Act and 6 months thereafter until 

18 September 30, 2016, the USAID Administrator 

19 shall submit to the Committees on Appropriations a 

20 report that— 

21 (A) details all assistance described in para22 graph (1) provided during the previous 6-month 

23 period by country, funding amount, source of 

24 funds, and type of such assistance; and 


emcdonald on DSK67QTVN1PROD with BILLS
482 

•S 2130 PCS

1 (B) the type of procurement instrument or 

2 mechanism utilized and whether the assistance 

3 was provided on a reimbursable basis. 

4 (6) DEBT SERVICE PAYMENT PROHIBITION.— 

5 None of the funds made available by this Act may 

6 be used for any foreign country for debt service pay7 ments owed by any country to any international fi8 nancial institution: Provided, That for purposes of 

9 this paragraph, the term ‘‘international financial in10 stitution’’ has the meaning given the term in section 

11 7034(r)(3) of this Act. 

12 (b) NATIONAL BUDGET AND CONTRACT TRANS13 PARENCY.— 

14 (1) MINIMUM REQUIREMENTS OF FISCAL

15 TRANSPARENCY.—The Secretary of State shall con16 tinue to update and strengthen the ‘‘minimum re17 quirements of fiscal transparency’’ for each govern18 ment receiving assistance appropriated by this Act, 

19 as identified in the report required by section 

20 7031(b) of the Department of State, Foreign Oper21 ations, and Related Programs Appropriations Act, 

22 2014 (division K of Public Law 113–76). 

23 (2) DEFINITION.—For purposes of paragraph 

24 (1), ‘‘minimum requirements of fiscal transparency’’ 

25 are requirements consistent with those in subsection 


emcdonald on DSK67QTVN1PROD with BILLS
483 

•S 2130 PCS

1 (a)(1), and the public disclosure of national budget 

2 documentation (to include receipts and expenditures 

3 by ministry) and government contracts and licenses 

4 for natural resource extraction (to include bidding 

5 and concession allocation practices). 

6 (3) DETERMINATION AND REPORT.—For each 

7 government identified pursuant to paragraph (1), 

8 the Secretary of State, not later than 180 days after 

9 enactment of this Act, shall make or update any de10 termination of ‘‘significant progress’’ or ‘‘no signifi11 cant progress’’ in meeting the minimum require12 ments of fiscal transparency, and make such deter13 minations publicly available in an annual ‘‘Fiscal 

14 Transparency Report’’ to be posted on the Depart15 ment of State Web site: Provided, That the Sec16 retary shall identify the significant progress made by 

17 each such government to publicly disclose national 

18 budget documentation, contracts, and licenses which 

19 are additional to such information disclosed in pre20 vious fiscal years, and include specific recommenda21 tions of short- and long-term steps such government 

22 should take to improve fiscal transparency: Provided 

23 further, That the annual report shall include a de24 tailed description of how funds appropriated by this 


emcdonald on DSK67QTVN1PROD with BILLS
484 

•S 2130 PCS

1 Act are being used to improve fiscal transparency, 

2 and identify benchmarks for measuring progress. 

3 (4) ASSISTANCE.—Funds appropriated under 

4 title III of this Act shall be made available for pro5 grams and activities to assist governments identified 

6 pursuant to paragraph (1) to improve budget trans7 parency and to support civil society organizations in 

8 such countries that promote budget transparency: 

9 Provided, That such sums shall be in addition to 

10 funds otherwise made available for such purposes: 

11 Provided further, That a description of the uses of 

12 such funds shall be included in the annual ‘‘Fiscal 

13 Transparency Report’’ required by paragraph (3). 

14 (c) ANTI-KLEPTOCRACY AND HUMAN RIGHTS.— 

15 (1)(A) INELIGIBILITY.—Officials of foreign gov16 ernments and their immediate family members about 

17 whom the Secretary of State has credible informa18 tion have been involved in significant corruption, in19 cluding corruption related to the extraction of nat20 ural resources, or a gross violation of human rights 

21 shall be ineligible for entry into the United States. 

22 (B) The Secretary may also publicly or pri23 vately designate or identify officials of foreign gov24 ernments and their immediate family members about 

25 whom the Secretary has such credible information 


emcdonald on DSK67QTVN1PROD with BILLS
485 

•S 2130 PCS

1 without regard to whether the individual has applied 

2 for a visa. 

3 (2) EXCEPTION.—Individuals shall not be ineli4 gible if entry into the United States would further 

5 important United States law enforcement objectives 

6 or is necessary to permit the United States to fulfill 

7 its obligations under the United Nations Head8 quarters Agreement: Provided, That nothing in 

9 paragraph (1) shall be construed to derogate from 

10 United States Government obligations under applica11 ble international agreements. 

12 (3) WAIVER.—The Secretary may waive the ap13 plication of paragraph (1) if the Secretary deter14 mines that the waiver would serve a compelling na15 tional interest or that the circumstances which 

16 caused the individual to be ineligible have changed 

17 sufficiently. 

18 (4) REPORT.—Not later than 6 months after 

19 enactment of this Act, the Secretary of State shall 

20 submit a report, including a classified annex if nec21 essary, to the Committees on Appropriations and the 

22 Committees on the Judiciary describing the informa23 tion related to corruption or violation of human 

24 rights concerning each of the individuals found ineli25 gible in the previous 12 months pursuant to paraVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00485 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
486 

•S 2130 PCS

1 graph (1)(A) as well as the individuals who the Sec2 retary designated or identified pursuant to para3 graph (1)(B), or who would be ineligible but for the 

4 application of paragraph (2), a list of any waivers 

5 provided under paragraph (3), and the justification 

6 for each waiver. 

7 (5) POSTING OF REPORT.—Any unclassified 

8 portion of the report required under paragraph (4) 

9 shall be posted on the Department of State Web 

10 site. 

11 (6) CLARIFICATION.—For purposes of para12 graphs (1)(B), (4), and (5), the records of the De13 partment of State and of diplomatic and consular of14 fices of the United States pertaining to the issuance 

15 or refusal of visas or permits to enter the United 

16 States shall not be considered confidential. 

17 (d) EXTRACTION OF NATURAL RESOURCES.— 

18 (1) ASSISTANCE.—Funds appropriated by this 

19 Act shall be made available to promote and support 

20 transparency and accountability of expenditures and 

21 revenues related to the extraction of natural re22 sources, including by strengthening implementation 

23 and monitoring of the Extractive Industries Trans24 parency Initiative, implementing and enforcing sec25 tion 8204 of the Food, Conservation, and Energy 


emcdonald on DSK67QTVN1PROD with BILLS
487 

•S 2130 PCS

1 Act of 2008 (Public Law 110–246; 122 Stat. 2052) 

2 and to prevent the sale of conflict diamonds, and 

3 provide technical assistance to promote independent 

4 audit mechanisms and support civil society partici5 pation in natural resource management. 

6 (2) UNITED STATES POLICY.— 

7 (A) The Secretary of the Treasury shall in8 form the management of the international fi9 nancial institutions, and post on the Depart10 ment of the Treasury Web site, that it is the 

11 policy of the United States to vote against any 

12 assistance by such institutions (including any 

13 loan, credit, grant, or guarantee) for the extrac14 tion and export of a natural resource if the gov15 ernment of the country has in place laws, regu16 lations, or procedures to prevent or limit the 

17 public disclosure of company payments as re18 quired by section 1504 of the Dodd-Frank Wall 

19 Street Reform and Consumer Protection Act 

20 (Public Law 111–203; 124 Stat. 2220), and 

21 unless such government has adopted laws, regu22 lations, or procedures in the sector in which as23 sistance is being considered for— 

24 (i) accurately accounting for and pub25 lic disclosure of payments to the host govVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00487 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
488 

•S 2130 PCS

1 ernment by companies involved in the ex2 traction and export of natural resources; 

3 (ii) the independent auditing of ac4 counts receiving such payments and public 

5 disclosure of the findings of such audits; 

6 and 

7 (iii) public disclosure of such docu8 ments as Host Government Agreements, 

9 Concession Agreements, and bidding docu10 ments, allowing in any such dissemination 

11 or disclosure for the redaction of, or excep12 tions for, information that is commercially 

13 proprietary or that would create competi14 tive disadvantage. 

15 (B) The requirements of subparagraph (A) 

16 shall not apply to assistance for the purpose of 

17 building the capacity of such government to 

18 meet the requirements of this subparagraph. 

19 (e) FOREIGN ASSISTANCE WEB SITE.—Funds appro20 priated by this Act under titles I and II, and funds made 

21 available for any independent agency in title III, as appro22 priate, may be made available to support the provision of 

23 additional information on United States Government for24 eign assistance on the Department of State foreign assist25 ance Web site: Provided, That all Federal agencies funded 


emcdonald on DSK67QTVN1PROD with BILLS
489 

•S 2130 PCS

1 under this Act shall provide such information on foreign 

2 assistance, upon request, to the Department of State. 

3 DEMOCRACY PROGRAMS

4 SEC. 7032. (a) FUNDING.— 

5 (1) Of the funds appropriated by this Act in ti6 tles III, IV, and V, not less than $2,308,517,000 

7 shall be made available for democracy programs, of 

8 which amounts shall be allocated as follows— 

9 (A) not less than $312,963,000 for Africa; 

10 (B) not less than $157,423,000 for the 

11 East Asia and the Pacific region; 

12 (C) not less than $193,244,000 for Europe 

13 and Eurasia; 

14 (D) not less than $409,316,000 for the 

15 Near East region; 

16 (E) not less than $627,944,000 for South 

17 and Central Asia; and 

18 (F) not less than $480,526,000 for the 

19 Western Hemisphere. 

20 (2) Of the funds appropriated by this Act not 

21 less than $25,000,000 shall be made available for 

22 democracy programs in countries experiencing polit23 ical, ethnic, racial, religious, or other instability or 

24 conflict, or emerging from conflict, including Sri 

25 Lanka and Nepal, which shall be administered by 


emcdonald on DSK67QTVN1PROD with BILLS
490 

•S 2130 PCS

1 the United States chief of mission in such countries: 

2 Provided, That the Secretary of State shall consult 

3 with the Committees on Appropriations prior to obli4 gating funds for such purpose. 

5 (b) AUTHORITY.—Funds made available by this Act 

6 for democracy programs may be made available notwith7 standing any other provision of law, and with regard to 

8 the National Endowment for Democracy (NED), any reg9 ulation. 

10 (c) DEFINITION OF DEMOCRACY PROGRAMS.—For 

11 purposes of funds appropriated by this Act, the term ‘‘de12 mocracy programs’’ means programs that support good 

13 governance, credible and competitive elections, freedom of 

14 expression, association, assembly, and religion, human 

15 rights, labor rights, independent media, and the rule of 

16 law, and that otherwise strengthen the capacity of demo17 cratic political parties, governments, nongovernmental or18 ganizations and institutions, and citizens to support the 

19 development of democratic states, and institutions that are 

20 responsive and accountable to citizens. 

21 (d) RESTRICTION ON PRIOR APPROVAL.—With re22 spect to the provision of assistance for democracy pro23 grams in this Act, the organizations implementing such 

24 assistance, the specific nature of that assistance, and the 

25 participants in such programs shall not be subject to the 


emcdonald on DSK67QTVN1PROD with BILLS
491 

•S 2130 PCS

1 prior approval by the government of any foreign country: 

2 Provided, That the Secretary of State, in coordination 

3 with the Administrator of the United States Agency for 

4 International Development (USAID), shall report to the 

5 Committees on Appropriations, not later than 120 days 

6 after enactment of this Act, detailing steps taken by the 

7 Department of State and USAID to comply with the re8 quirements of this subsection. 

9 (e) PRIORITIZATION OF FUNDING MECHANISMS.— 

10 Democracy programs implemented by funds made avail11 able by this Act shall be designed to have grants and coop12 erative agreements as the primary delivery mechanisms 

13 for such programs: Provided, That not later than 60 days 

14 after enactment of this Act, the Secretary of State and 

15 USAID Administrator shall each submit a report to the 

16 Committees on Appropriations detailing the steps to be 

17 taken by the Department of State and USAID to comply 

18 with the requirements of this subsection: Provided further, 

19 That for contracts to be used to implement such programs 

20 with funds made available by this Act that exceed 

21 $1,000,000, the Secretary of State and USAID Adminis22 trator, as appropriate, shall submit to the Committees on 

23 Appropriations a justification for the use of such mecha24 nisms on a case-by-case basis and before Requests for Pro25 posals are released. 


emcdonald on DSK67QTVN1PROD with BILLS
492 

•S 2130 PCS

1 (f) REPORTS.— 

2 (1) POLICY IMPLEMENTATION.—The Secretary 

3 of State and USAID Administrator shall develop 

4 and establish revised guidelines on the uses of 

5 grants and cooperative agreements for democracy 

6 programs, in accordance with the objectives of pro7 moting resilient, open, and democratic societies in 

8 the Quadrennial Diplomacy and Development Re9 view, 2015, and the foreign policy objectives in the 

10 ADVANCE Democracy Act of 2007 (title XXI of 

11 Public Law 110–53; 22 U.S.C. 8202): Provided, 

12 That the Secretary and USAID Administrator shall 

13 consult with democracy program implementers in es14 tablishing such guidelines, and shall each submit 

15 such guidelines to the appropriate congressional 

16 committees once established. 

17 (2) TRAINING.—Not later than 90 days after 

18 enactment of this Act, the Secretary of State shall 

19 update and submit to the Committees on Appropria20 tions the report required by section 2141(c) of the 

21 ADVANCE Democracy Act of 2007 (title XXI of 

22 Public Law 110–53; 22 U.S.C. 8241): Provided, 

23 That such report shall also include the total number 

24 of democracy and human rights officers, including 

25 Democracy Liaison Officers and other positions with 


emcdonald on DSK67QTVN1PROD with BILLS
493 

•S 2130 PCS

1 responsibility for democracy and human rights re2 lated issues and programs, at the Department of 

3 State and USAID for calendar years 2013, 2014, 

4 and 2015. 

5 (g) NONDEMOCRATIC AND DEMOCRATIC

6 TRANSITIONING COUNTRIES.— 

7 (1) DEMOCRACY STRATEGIC REVIEWS AND AS8 SESSMENTS.—Prior to the obligation of funds made 

9 available for Department of State and USAID de10 mocracy programs in a nondemocratic or democratic 

11 transitioning country, the Under Secretary for Civil12 ian Security, Democracy and Human Rights, De13 partment of State, in consultation with other rel14 evant officials at the Department of State and 

15 USAID, including the Director of the Center of Ex16 cellence on Democracy, Human Rights, and Govern17 ance, USAID, shall review and assess the annual 

18 country strategy required by section 2111(c)(1) of 

19 the ADVANCE Democracy Act of 2007 (title XXI 

20 of Public Law 110–53; 22 U.S.C. 8211), and submit 

21 a report to the Committees on Appropriations de22 scribing— 

23 (A) the goals and objectives of such pro24 gram, including a timeline for achieving results, 


emcdonald on DSK67QTVN1PROD with BILLS
494 

•S 2130 PCS

1 and any modification proposed as a result of 

2 the review and assessment; 

3 (B) the political and social conditions in 

4 such country that may impact the promotion of 

5 democracy; 

6 (C) the assessed risks to intended bene7 ficiaries of such program; 

8 (D) the assessed risks to implementers in 

9 the conduct of such program, to be developed in 

10 consultation with implementers and other 

11 United States Government agencies, as appro12 priate; and 

13 (E) the funding requirements of initiating 

14 and sustaining such program in fiscal year 

15 2016 and subsequent fiscal years. 

16 (2) DEFINITION.—For the purposes of the sub17 section the term ‘‘nondemocratic or democratic 

18 transitioning country’’ shall have the same meaning 

19 as in section 2104(6) of the ADVANCE Democracy 

20 Act of 2007 (title XXI of Public Law 110–53; 22 

21 U.S.C. 8203). 

22 (h) CONSULTATION AND COMMUNICATION REQUIRE23 MENTS.— 

24 (1) CHANGE IN ALLOCATION OF FOREIGN AS25 SISTANCE.—The Deputy Secretary for Management 


emcdonald on DSK67QTVN1PROD with BILLS
495 

•S 2130 PCS

1 and Resources, Department of State, shall consult 

2 with the Under Secretary for Civilian Security, De3 mocracy and Human Rights, Department of State, 

4 and the Director of the Center of Excellence on De5 mocracy, Human Rights, and Governance, USAID, 

6 on the proposed funding level for democracy pro7 grams submitted to Congress pursuant to section 

8 653(a) of the Foreign Assistance Act of 1961. 

9 (2) INFORMING THE NATIONAL ENDOWMENT

10 FOR DEMOCRACY.—The Assistant Secretary for De11 mocracy, Human Rights, and Labor, Department of 

12 State, and the Assistant Administrator for Democ13 racy, Conflict, and Humanitarian Assistance, 

14 USAID, shall regularly inform the National Endow15 ment for Democracy of democracy programs that 

16 are planned and supported by funds made available 

17 by this Act and prior Acts making appropriations 

18 for the Department of State, foreign operations, and 

19 related programs. 

20 INTERNATIONAL RELIGIOUS FREEDOM

21 SEC. 7033. (a) INTERNATIONAL RELIGIOUS FREE22 DOM OFFICE AND SPECIAL ENVOY TO PROMOTE RELI23 GIOUS FREEDOM.—Of the funds appropriated by this Act 

24 under the heading ‘‘Diplomatic and Consular Programs’’, 

25 not less than $5,000,000 shall be made available for the 


emcdonald on DSK67QTVN1PROD with BILLS
496 

•S 2130 PCS

1 Office of the Ambassador-at-Large for International Reli2 gious Freedom, and not less than $1,000,000 shall be 

3 made available for the Special Envoy to Promote Religious 

4 Freedom in the Near East and South Central Asia, includ5 ing for support staff. 

6 (b) ASSISTANCE.— 

7 (1) INTERNATIONAL RELIGIOUS FREEDOM PRO8 GRAMS.—Of the funds appropriated by this Act 

9 under the heading ‘‘Democracy Fund’’ and available 

10 for the Human Rights and Democracy Fund 

11 (HRDF), not less than $10,000,000 shall be made 

12 available for international religious freedom pro13 grams: Provided, That the Ambassador-at-Large for 

14 International Religious Freedom shall consult with 

15 the Committees on Appropriations on the uses of 

16 such funds. 

17 (2) PROTECTION AND INVESTIGATION PRO18 GRAMS.—Of the funds appropriated by this Act 

19 under the heading ‘‘Economic Support Fund’’, not 

20 less than $10,000,000 shall be made available for 

21 programs to protect vulnerable and persecuted reli22 gious minorities: Provided, That a portion of such 

23 funds shall be made available for programs to inves24 tigate the persecution of such minorities by govern25 ments and non-state entities and for the public disVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00496 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
497 

•S 2130 PCS

1 semination of information collected on such persecu2 tion, including on the Department of State Web site. 

3 (3) HUMANITARIAN AND RELIEF PROGRAMS.— 

4 Funds appropriated by this Act under the headings 

5 ‘‘International Disaster Assistance’’ and ‘‘Migration 

6 and Refugee Assistance’’ shall be made available for 

7 humanitarian and relief assistance for vulnerable 

8 and persecuted religious minorities. 

9 (4) RESPONSIBILITY OF FUNDS.—Funds made 

10 available by paragraphs (1) and (2) shall be the re11 sponsibility of the Ambassador-at-Large for Inter12 national Religious Freedom, in consultation with 

13 other relevant United States Government officials. 

14 (c) INTERNATIONAL BROADCASTING.—Funds appro15 priated by this Act under the heading ‘‘Broadcasting 

16 Board of Governors, International Broadcasting Oper17 ations’’ shall be made available for programs related to 

18 international religious freedom, including reporting on the 

19 plight of vulnerable and persecuted religious groups. 

20 (d) GENOCIDE DETERMINATION.—Not later than 90 

21 days after enactment of this Act, the Secretary of State, 

22 in consultation with the heads of other relevant United 

23 States Government agencies and representatives from 

24 United States civil society, shall submit to the appropriate 

25 congressional committees determinations on whether the 


emcdonald on DSK67QTVN1PROD with BILLS
498 

•S 2130 PCS

1 ongoing violence against Christians in the Middle East by 

2 Islamic extremists or against the Rohingya people in 

3 Burma by Buddhist extremists constitutes genocide, as de4 fined in section 1091 of title 18, United States Code: Pro5 vided, That if the Secretary of State makes a determina6 tion that such violence constitutes genocide, the Secretary 

7 shall concurrently submit to the appropriate congressional 

8 committees a strategy for addressing such genocide. 

9 (e) DESIGNATION OF NON-STATE ENTITIES.—The 

10 President shall, concurrent with the annual review re11 quired by section 402(b)(1) of the International Religious 

12 Freedom Act of 1998 (22 U.S.C. 6442(b)(1)), identify any 

13 non-state entities that have engaged in significant viola14 tions of religious freedom, and designate each such entity 

15 as a non-state entity of particular concern for religious 

16 freedom: Provided, That whenever the President des17 ignates a non-state entity as a non-state entity of par18 ticular concern for religious freedom under this para19 graph, the President shall, as soon as practicable after the 

20 designation is made, submit a report to the appropriate 

21 congressional committees detailing the reasons for such 

22 designation. 

23 (f) REPORT.—Not later than September 30, 2016, 

24 the Secretary of State, in consultation with the Broad25 casting Board of Governors and the Administrator of the 


emcdonald on DSK67QTVN1PROD with BILLS
499 

•S 2130 PCS

1 United States Agency for International Development, shall 

2 submit a report to the appropriate congressional commit3 tees detailing, by account, agency, and on a country-by4 country basis, funds made available by this Act and prior 

5 Acts making appropriations for the Department of State, 

6 foreign operations, and related programs for the previous 

7 5 fiscal years for international religious freedom pro8 grams; protection and investigation programs regarding 

9 vulnerable and persecuted religious minorities; humani10 tarian and relief assistance for such minorities; and inter11 national broadcasting regarding religious freedom. 

12 SPECIAL PROVISIONS

13 SEC. 7034. (a) VICTIMS OF WAR, DISPLACED CHIL14 DREN, AND DISPLACED BURMESE.—Funds appropriated 

15 in titles III and VI of this Act that are made available 

16 for victims of war, displaced children, displaced Burmese, 

17 and to combat trafficking in persons and assist victims 

18 of such trafficking, may be made available notwith19 standing any other provision of law. 

20 (b) LAW ENFORCEMENT AND SECURITY.— 

21 (1) CHILD SOLDIERS.—Funds appropriated by 

22 this Act should not be used to support any military 

23 training or operations that include child soldiers. 

24 (2) CROWD CONTROL ITEMS.—Funds appro25 priated by this Act should not be used for tear gas, 


emcdonald on DSK67QTVN1PROD with BILLS
500 

•S 2130 PCS

1 small arms, light weapons, ammunition, or other 

2 items for crowd control purposes for foreign security 

3 forces that use excessive force to repress peaceful ex4 pression, association, or assembly in countries un5 dergoing democratic transition. 

6 (3) DISARMAMENT, DEMOBILIZATION, AND RE7 INTEGRATION.—Section 7034(d) of the Department 

8 of State, Foreign Operations, and Related Programs 

9 Appropriations Act, 2015 (division J of Public Law 

10 113–235) shall continue in effect during fiscal year 

11 2016 as if part of this Act. 

12 (4) FORENSIC ASSISTANCE.—Of the funds ap13 propriated by this Act under the heading ‘‘Inter14 national Narcotics Control and Law Enforcement’’, 

15 not less than $4,000,000 shall be made available for 

16 forensic assistance relating to the exhumation of 

17 mass graves and identification of victims of war 

18 crimes and crimes against humanity, including in 

19 Sri Lanka, Central America, Peru, Colombia, and 

20 Africa, which shall be administered by the Assistant 

21 Secretary for Democracy, Human Rights, and 

22 Labor, Department of State. 

23 (5) INTERNATIONAL PRISONS CONDITIONS.— 

24 Section 7065 of the Department of State, Foreign 

25 Operations, and Related Programs Appropriations 


emcdonald on DSK67QTVN1PROD with BILLS
501 

•S 2130 PCS

1 Act, 2015 (division J of Public Law 113–235) shall 

2 continue in effect during fiscal year 2016 as if part 

3 of this Act. 

4 (6) RECONSTITUTING CIVILIAN POLICE AU5 THORITY.—In providing assistance with funds ap6 propriated by this Act under section 660(b)(6) of 

7 the Foreign Assistance Act of 1961, support for a 

8 nation emerging from instability may be deemed to 

9 mean support for regional, district, municipal, or 

10 other sub-national entity emerging from instability, 

11 as well as a nation emerging from instability. 

12 (7) SECURITY ASSISTANCE REPORT.—Not later 

13 than 120 days after enactment of this Act, the Sec14 retary of State shall submit to the Committees on 

15 Appropriations a report on funds obligated and ex16 pended during fiscal year 2015, by country and pur17 pose of assistance, under the headings ‘‘Non18 proliferation, Anti-terrorism, Demining and Related 

19 Programs’’ (for Anti-terrorism Programs), ‘‘Peace20 keeping Operations’’, ‘‘International Military Edu21 cation and Training’’, and ‘‘Foreign Military Fi22 nancing Program’’, as well as excess defense articles 

23 provided. 

24 (8) LEAHY VETTING REPORT.—(A) Not later 

25 than 90 days after enactment of this Act, the SecVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00501 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
502 

•S 2130 PCS

1 retary of State shall submit a report to the appro2 priate congressional committees on foreign assist3 ance cases submitted for vetting for purposes of sec4 tion 620M of the Foreign Assistance Act of 1961 

5 during the preceding fiscal year, including: 

6 (i) the total number of cases submitted, 

7 approved, suspended, or rejected for human 

8 rights reasons; and 

9 (ii) for cases rejected for human rights 

10 reasons, a description of the steps taken to en11 courage and assist a foreign government in 

12 bringing such individuals responsible to justice, 

13 in accordance with section 620M(c) of the For14 eign Assistance Act of 1961. 

15 (B) The report required by this paragraph shall 

16 be submitted in unclassified form, but may be ac17 companied by a classified annex. 

18 (9) ANNUAL FOREIGN MILITARY TRAINING RE19 PORT.—For the purposes of implementing section 

20 656 of the Foreign Assistance Act of 1961, the term 

21 ‘‘military training provided to foreign military per22 sonnel by the Department of Defense and the De23 partment of State’’ shall be deemed to include all 

24 military training provided by foreign governments 

25 with funds appropriated to the Department of DeVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00502 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
503 

•S 2130 PCS

1 fense or the Department of State, except for train2 ing provided by the government of a country des3 ignated by section 517(b) of such Act as a major 

4 non-NATO ally, excluding Egypt. 

5 (c) WORLD FOOD PROGRAMME.—Funds managed by 

6 the Bureau for Democracy, Conflict, and Humanitarian 

7 Assistance, United States Agency for International Devel8 opment (USAID), from this or any other Act, may be 

9 made available as a general contribution to the World 

10 Food Programme, notwithstanding any other provision of 

11 law. 

12 (d) DIRECTIVES AND AUTHORITIES.— 

13 (1) RESEARCH AND TRAINING.—Funds appro14 priated by this Act under the heading ‘‘Assistance 

15 for Europe, Eurasia and Central Asia’’ shall be 

16 made available to carry out the Program for Re17 search and Training on Eastern Europe and the 

18 Independent States of the Former Soviet Union as 

19 authorized by the Soviet-Eastern European Research 

20 and Training Act of 1983 (22 U.S.C. 4501 et seq.). 

21 (2) GENOCIDE VICTIMS MEMORIAL SITES.— 

22 Funds appropriated by this Act and prior Acts mak23 ing appropriations for the Department of State, for24 eign operations, and related programs under the 

25 headings ‘‘Economic Support Fund’’ and ‘‘AssistVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00503 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
504 

•S 2130 PCS

1 ance for Europe, Eurasia and Central Asia’’ may be 

2 made available as contributions to establish and 

3 maintain memorial sites of genocide, subject to the 

4 regular notification procedures of the Committees on 

5 Appropriations. 

6 (3) ADDITIONAL AUTHORITIES.—Of the 

7 amounts made available by title I of this Act under 

8 the heading ‘‘Diplomatic and Consular Programs’’, 

9 up to $500,000 may be made available for grants 

10 pursuant to section 504 of Public Law 95–426 (22 

11 U.S.C. 2656d), including to facilitate collaboration 

12 with indigenous communities, and up to $1,000,000 

13 may be made available for grants to carry out the 

14 activities of the Cultural Antiquities Task Force. 

15 (4) EXTENSION OF LEGAL PROTECTION.—Sec16 tion 7041(a)(2)(C)(ii) of the Department of State, 

17 Foreign Operations, and Related Programs Appro18 priations Act, 2015 (division J of Public Law 113– 

19 235) shall continue in effect during fiscal year 2016 

20 and thereafter as if part of this Act. 

21 (5) CONDITIONS ON AUTHORITY.—The authori22 ties provided for under the headings ‘‘Program Ac23 count’’, ‘‘Administrative Expenses’’, and ‘‘Receipts 

24 Collected’’ for the Export-Import Bank of the 

25 United States under title VI of this Act shall not be 


emcdonald on DSK67QTVN1PROD with BILLS
505 

•S 2130 PCS

1 construed or interpreted to extend the date specified 

2 in section 7 of the Export-Import Bank Act of 1945 

3 (Public Law 79–173). 

4 (6) MODIFICATION OF LIFE INSURANCE SUP5 PLEMENTAL APPLICABLE TO THOSE KILLED IN TER6 RORIST ATTACKS.— 

7 (A) Section 415(a) of the Foreign Service 

8 Act of 1980 (22 U.S.C. 3975(a)) is amended by 

9 striking ‘‘a payment from the United States in 

10 an amount that, when added to the amount of 

11 the employee’s employer-provided group life in12 surance policy coverage (if any), equals 

13 $400,000’’ and inserting ‘‘a special payment of 

14 $400,000, which shall be in addition to any em15 ployer provided life insurance policy coverage’’. 

16 (B) The insurance benefit under section 

17 415 of the Foreign Service Act of 1980 (22 

18 U.S.C. 3975), as amended by subparagraph 

19 (A), shall be applicable to eligible employees 

20 who die as a result of injuries sustained while 

21 on duty abroad because of an act of terrorism, 

22 as defined in section 140(d) of the Foreign Re23 lations Authorization Act, Fiscal Years 1998 

24 and 1999 (22 U.S.C. 2656f(d)), anytime on or 

25 after April 18, 1983. 


emcdonald on DSK67QTVN1PROD with BILLS
506 

•S 2130 PCS

1 (7) AUTHORITY.—Funds appropriated by this 

2 Act may be made available in accordance with sec3 tion 24 of the Stevenson-Wydler Technology Innova4 tion Act of 1980, except that foreign citizens and 

5 foreign private entities may be eligible notwith6 standing section 24(g)(3) of such Act. 

7 (e) PARTNER VETTING.—Funds appropriated by this 

8 Act or in titles I through IV of prior Acts making appro9 priations for the Department of State, foreign operations, 

10 and related programs shall be used by the Secretary of 

11 State and the USAID Administrator, as appropriate, to 

12 support the continued implementation of the Partner Vet13 ting System (PVS) pilot program: Provided, That the Sec14 retary of State and the USAID Administrator shall jointly 

15 submit a report to the Committees on Appropriations, not 

16 later than 30 days after completion of the pilot program, 

17 on the estimated timeline and criteria for evaluating the 

18 PVS pilot program for possible expansion: Provided fur19 ther, That such report shall include the requirements spec20 ified in the report accompanying this Act: Provided fur21 ther, That after completion of the pilot program the De22 partment of State and USAID may not proceed with im23 plementation of a PVS program until the Secretary of 

24 State and USAID Administrator, following the submission 

25 of the report required by the previous proviso, consult with 


emcdonald on DSK67QTVN1PROD with BILLS
507 

•S 2130 PCS

1 the Committees on Appropriations on the results and find2 ings of the pilot program, and review such results and 

3 findings with appropriate representatives from civil soci4 ety. 

5 (f) CONTINGENCIES.—During fiscal year 2016, the 

6 President may use up to $150,000,000 under the author7 ity of section 451 of the Foreign Assistance Act of 1961, 

8 notwithstanding any other provision of law. 

9 (g) INTERNATIONAL CHILD ABDUCTIONS.—The Sec10 retary of State should withhold funds appropriated under 

11 title III of this Act for assistance for the central govern12 ment of any country that is not taking appropriate steps 

13 to comply with the Convention on the Civil Aspects of 

14 International Child Abductions, done at the Hague on Oc15 tober 25, 1980: Provided, That the Secretary shall report 

16 to the Committees on Appropriations within 15 days of 

17 withholding funds under this subsection. 

18 (h) REPORTS REPEALED.—Section 10(b) of Public 

19 Law 109–446; section 4 of Public Law 107–243; section 

20 616(c) of Public Law 105–277; section 620C(c) of Public 

21 Law 87–195; and section 303 of title 22, United States 

22 Code, are hereby repealed. 

23 (i) TRANSFERS FOR EXTRAORDINARY PROTEC24 TION.—The Secretary of State may transfer to, and merge 

25 with, funds under the heading ‘‘Protection of Foreign MisVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00507 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
508 

•S 2130 PCS

1 sions and Officials’’ unobligated balances of expired funds 

2 appropriated under the heading ‘‘Diplomatic and Consular 

3 Programs’’ for fiscal year 2016, except for funds des4 ignated for Overseas Contingency Operations/Global War 

5 on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 

6 Balanced Budget and Emergency Deficit Control Act of 

7 1985, at no later than the end of the fifth fiscal year after 

8 the last fiscal year for which such funds are available for 

9 the purposes for which appropriated: Provided, That not 

10 more than $50,000,000 may be transferred. 

11 (j) PROTECTIONS AND REMEDIES FOR EMPLOYEES

12 OF DIPLOMATIC MISSIONS AND INTERNATIONAL ORGANI13 ZATIONS.—Section 7034(k) of the Department of State, 

14 Foreign Operations, and Related Programs Appropria15 tions Act, 2015 (division J of Public Law 113–235) shall 

16 continue in effect during fiscal year 2016 as if part of 

17 this Act. 

18 (k) EXTENSION OF AUTHORITIES.— 

19 (1) PASSPORT FEES.—Section 1(b)(2) of the 

20 Passport Act of June 4, 1920 (22 U.S.C. 214(b)(2)) 

21 shall be applied by substituting ‘‘September 30, 

22 2016’’ for ‘‘September 30, 2010’’. 

23 (2) ACCOUNTABILITY REVIEW BOARDS.—The 

24 authority provided by section 301(a)(3) of the Omni25 bus Diplomatic Security and Antiterrorism Act of 


emcdonald on DSK67QTVN1PROD with BILLS
509 

•S 2130 PCS

1 1986 (22 U.S.C. 4831(a)(3)) shall remain in effect 

2 for facilities in Afghanistan through September 30, 

3 2016, except that the notification and reporting re4 quirements contained in such section shall include 

5 the Committees on Appropriations. 

6 (3) INCENTIVES FOR CRITICAL POSTS.—The 

7 authority contained in section 1115(d) of the Sup8 plemental Appropriations Act, 2009 (Public Law 

9 111–32) shall remain in effect through September 

10 30, 2016. 

11 (4) FOREIGN SERVICE OFFICER ANNUITANT

12 WAIVER.—Section 824(g) of the Foreign Service Act 

13 of 1980 (22 U.S.C. 4064(g)) shall be applied by 

14 substituting ‘‘September 30, 2016’’ for ‘‘October 1, 

15 2010’’ in paragraph (2). 

16 (5) DEPARTMENT OF STATE CIVIL SERVICE AN17 NUITANT WAIVER.—Section 61(a) of the State De18 partment Basic Authorities Act of 1956 (22 U.S.C. 

19 2733(a)) shall be applied by substituting ‘‘Sep20 tember 30, 2016’’ for ‘‘October 1, 2010’’ in para21 graph (2). 

22 (6) USAID CIVIL SERVICE ANNUITANT WAIV23 ER.—Section 625(j)(1) of the Foreign Assistance 

24 Act of 1961 (22 U.S.C. 2385(j)(1)) shall be applied 


emcdonald on DSK67QTVN1PROD with BILLS
510 

•S 2130 PCS

1 by substituting ‘‘September 30, 2016’’ for ‘‘October 

2 1, 2010’’ in subparagraph (B). 

3 (7) OVERSEAS PAY COMPARABILITY AND LIMI4 TATION.—(A) Subject to the limitation described in 

5 subparagraph (B), the authority provided by section 

6 1113 of the Supplemental Appropriations Act, 2009 

7 (Public Law 111–32; 123 Stat. 1904) shall remain 

8 in effect through September 30, 2016. 

9 (B) The authority described in subparagraph 

10 (A) may not be used to pay an eligible member of 

11 the Foreign Service (as defined in section 1113(b) of 

12 the Supplemental Appropriations Act, 2009) a local13 ity-based comparability payment (stated as a per14 centage) that exceeds two-thirds of the amount of 

15 the locality-based comparability payment (stated as 

16 a percentage) that would be payable to such member 

17 under section 5304 of title 5, United States Code, 

18 if such member’s official duty station were in the 

19 District of Columbia. 

20 (8) ALIEN STATUS.—The Foreign Operations, 

21 Export Financing, and Related Programs Appro22 priations Act, 1990 (Public Law 101–167) is 

23 amended— 

24 (A) In section 599D (8 U.S.C. 1157 

25 note)— 


emcdonald on DSK67QTVN1PROD with BILLS
511 

•S 2130 PCS

1 (i) in subsection (b)(3), by striking 

2 ‘‘and 2015’’ and inserting ‘‘2015, and 

3 2016’’; and 

4 (ii) in subsection (e), by striking 

5 ‘‘2015’’ each place it appears and inserting 

6 ‘‘2016’’; and 

7 (B) in section 599E (8 U.S.C. 1255 note) 

8 in subsection (b)(2), by striking ‘‘2015’’ and in9 serting ‘‘2016’’. 

10 (9) INSPECTOR GENERAL ANNUITANT WAIV11 ER.—The authorities provided in section 1015(b) of 

12 the Supplemental Appropriations Act, 2010 (Public 

13 Law 111–212) shall remain in effect through Sep14 tember 30, 2016. 

15 (l) DEPARTMENT OF STATE WORKING CAPITAL

16 FUND.—Funds appropriated by this Act or otherwise 

17 made available to the Department of State for payments 

18 to the Working Capital Fund may only be used for the 

19 activities and in the amounts justified in the President’s 

20 fiscal year 2016 budget: Provided, That Federal agency 

21 components shall be charged only for their direct usage 

22 of each Working Capital Fund service: Provided further, 

23 That Federal agency components may only pay for Work24 ing Capital Fund services that are consistent with the 

25 component’s purpose and authorities: Provided further, 


emcdonald on DSK67QTVN1PROD with BILLS
512 

•S 2130 PCS

1 That the Working Capital Fund shall be paid in advance 

2 or reimbursed at rates which will return the full cost of 

3 each service. 

4 (m) HUMANITARIAN ASSISTANCE.—Funds appro5 priated by this Act that are available for monitoring and 

6 evaluation of assistance under the headings ‘‘International 

7 Disaster Assistance’’ and ‘‘Migration and Refugee Assist8 ance’’ shall, as appropriate, be made available for the reg9 ular collection of feedback obtained directly from bene10 ficiaries on the quality and relevance of such assistance: 

11 Provided, That the Department of State and USAID shall 

12 conduct regular oversight to ensure that such feedback is 

13 collected and used by implementing partners to maximize 

14 the cost-effectiveness and utility of such assistance, and 

15 require such partners that receive funds under such head16 ings to establish procedures for collecting and responding 

17 to such feedback. 

18 (n) HIV/AIDS WORKING CAPITAL FUND.—Funds 

19 available in the HIV/AIDS Working Capital Fund estab20 lished pursuant to section 525(b)(1) of the Foreign Oper21 ations, Export Financing, and Related Programs Appro22 priations Act, 2005 (Public Law 108–477) may be made 

23 available for pharmaceuticals and other products for child 

24 survival, malaria, and tuberculosis to the same extent as 

25 HIV/AIDS pharmaceuticals and other products, subject to 


emcdonald on DSK67QTVN1PROD with BILLS
513 

•S 2130 PCS

1 the terms and conditions in such section: Provided, That 

2 the authority in section 525(b)(5) of the Foreign Oper3 ations, Export Financing, and Related Programs Appro4 priations Act, 2005 (Public Law 108–477) shall be exer5 cised by the Assistant Administrator for Global Health, 

6 USAID, with respect to funds deposited for such non7 HIV/AIDS pharmaceuticals and other products, and shall 

8 be subject to the regular notification procedures of the 

9 Committees on Appropriations: Provided further, That the 

10 Secretary of State shall include in the congressional budg11 et justification an accounting of budgetary resources, dis12 bursements, balances, and reimbursements related to such 

13 fund. 

14 (o) LOAN GUARANTEES AND ENTERPRISE FUNDS.— 

15 (1) LOAN GUARANTEES.—Funds appropriated 

16 under the heading ‘‘Economic Support Fund’’ only 

17 in title III of this Act and prior Acts making appro18 priations for the Department of State, foreign oper19 ations, and related programs may be made available 

20 for the costs, as defined in section 502 of the Con21 gressional Budget Act of 1974, of loan guarantees 

22 for Jordan, Ukraine, and Tunisia, which are author23 ized to be provided: Provided, That amounts made 

24 available under this paragraph for the costs of such 

25 guarantees shall not be considered assistance for the 


emcdonald on DSK67QTVN1PROD with BILLS
514 

•S 2130 PCS

1 purposes of provisions of law limiting assistance to 

2 a country. 

3 (2) ENTERPRISE FUNDS.—Funds appropriated 

4 under the heading ‘‘Economic Support Fund’’ in 

5 this Act may be made available to establish and op6 erate one or more enterprise funds for Egypt and 

7 Tunisia, notwithstanding any other provision of law, 

8 and following consultation with the Committees on 

9 Appropriations: Provided, That the first, third and 

10 fifth provisos under section 7041(b) of the Depart11 ment of State, Foreign Operations, and Related Pro12 grams Appropriations Act, 2012 (division I of Public 

13 Law 112–74) shall apply to funds appropriated by 

14 this Act under the heading ‘‘Economic Support 

15 Fund’’ for an enterprise fund or funds to the same 

16 extent and in the same manner as such provision of 

17 law applied to funds made available under such sec18 tion (except that the clause excluding subsection 

19 (d)(3) of section 201 of the SEED Act shall not 

20 apply): Provided further, That the authority of any 

21 such enterprise fund or funds to provide assistance 

22 shall cease to be effective on December 31, 2026. 

23 (3) CONSULTATION AND NOTIFICATION.— 

24 Funds made available by this subsection shall be 

25 subject to prior consultation with, and the regular 


emcdonald on DSK67QTVN1PROD with BILLS
515 

•S 2130 PCS

1 notification procedures of, the Committees on Ap2 propriations. 

3 (p) ASSESSMENT OF INDIRECT COSTS.—Not later 

4 than 90 days after enactment of this Act and following 

5 consultation with the Committees on Appropriations, the 

6 Secretary of State and the Administrator of the United 

7 States Agency for International Development (USAID) 

8 shall submit to such Committees an assessment of the ef9 fectiveness of current policies and procedures in ensuring 

10 that payments for indirect costs, including for negotiated 

11 indirect cost rate agreements (NICRA), are reasonable 

12 and comply with the Federal Acquisition Regulations 

13 (FAR), as applicable, and title 2, part 200 of the Code 

14 of Federal Regulations (CFR); an assessment of potential 

15 benefits of setting a cap on such indirect costs to ensure 

16 the cost-effective use of appropriated funds; a plan to re17 vise such policies and procedures to comply with the FAR 

18 and CFR and ensure that indirect costs are reasonable; 

19 and a timeline for implementing such plan. 

20 (q) SMALL GRANTS AND ENTITIES.—(1) Of the 

21 funds appropriated by this Act under the headings ‘‘Devel22 opment Assistance’’ and ‘‘Economic Support Fund’’, not 

23 less than $45,000,000 shall be made available to conduct, 

24 and pursuant to the authorities of, the Small Grants Pro25 gram established by section 7080 of the Department of 


emcdonald on DSK67QTVN1PROD with BILLS
516 

•S 2130 PCS

1 State, Foreign Operations, and Related Programs Appro2 priations Act, 2015 (division J of Public Law 113–235), 

3 which may remain available until September 30, 2020. 

4 (2) Not later than 45 days after enactment of this 

5 Act, the Administrator of the United States Agency for 

6 International Development (USAID) shall post on the 

7 USAID Web site detailed information describing the proc8 ess by which small nongovernmental organizations, edu9 cational institutions, and other small entities seeking 

10 funding from USAID for unsolicited proposals through 

11 grants, cooperative agreements, and other assistance 

12 mechanism and agreements, can apply for such funding: 

13 Provided, That the USAID Administrator should ensure 

14 that each bureau, office, and overseas mission has author15 ity to approve, and sufficient funds to implement, such 

16 grants or other agreements that meet appropriate criteria 

17 for unsolicited proposals. 

18 (3) Section 7080 of Public Law 113–235 is amended 

19 as follows: 

20 (A) in subsections (b) and (c), strike ‘‘Grants’’, 

21 and insert ‘‘Awards’’; 

22 (B) in subsection (c)(1), delete ‘‘or’’ after ‘‘pro23 posals;’’; 

24 (C) in subsection (c)(2) delete the period after 

25 ‘‘process’’, and insert ‘‘; or’’; 


emcdonald on DSK67QTVN1PROD with BILLS
517 

•S 2130 PCS

1 (D) after subsection (c)(2), insert ‘‘(3) as other2 wise allowable under Federal Acquisition Regula3 tions and USAID procurement policies.’’; and 

4 (E) in subsection (e)(3), strike ‘‘12’’, and insert 

5 ‘‘20’’, and strike ‘‘administrative and oversight ex6 penses associated with managing’’ and insert ‘‘ad7 ministrative expenses, and other necessary support 

8 associated with managing and strengthening’’. 

9 (4) For the purposes of section 7080 of Public Law 

10 113–235, ‘‘eligible entities’’ shall be defined as small local, 

11 international, and United States-based nongovernmental 

12 organizations, educational institutions, and other small en13 tities that have received less than a total of $5,000,000 

14 in USAID funding over the previous five years: Provided, 

15 That departments or centers of such educational institu16 tions may be considered individually in determining such 

17 eligibility. 

18 (r) DEFINITIONS.— 

19 (1) Unless otherwise defined in this Act, for 

20 purposes of this Act the term ‘‘appropriate congres21 sional committees’’ shall mean the Committees on 

22 Appropriations and Foreign Relations of the Senate 

23 and the Committees on Appropriations and Foreign 

24 Affairs of the House of Representatives. 


emcdonald on DSK67QTVN1PROD with BILLS
518 

•S 2130 PCS

1 (2) Unless otherwise defined in this Act, for 

2 purposes of this Act the term ‘‘funds appropriated 

3 in this Act and prior Acts making appropriations for 

4 the Department of State, foreign operations, and re5 lated programs’’ shall mean funds that remain avail6 able for obligation, and have not expired. 

7 (3) For the purposes of this Act ‘‘international 

8 financial institutions’’ shall mean the International 

9 Bank for Reconstruction and Development, the 

10 International Development Association, the Inter11 national Finance Corporation, the Inter-American 

12 Development Bank, the International Monetary 

13 Fund, the Asian Development Bank, the Asian De14 velopment Fund, the Inter-American Investment 

15 Corporation, the North American Development 

16 Bank, the European Bank for Reconstruction and 

17 Development, the African Development Bank, the 

18 African Development Fund, and the Multilateral In19 vestment Guarantee Agency. 

20 (4) For purposes of this Act, the term ‘‘coun21 tering violent extremism’’ shall be defined as non-co22 ercive interventions aimed directly at reducing public 

23 support for non-state entities that engage in ter24 rorist activities. 


emcdonald on DSK67QTVN1PROD with BILLS
519 

•S 2130 PCS

1 (5) For purposes of this Act, the term ‘‘best 

2 practices’’ for the protection of whistleblowers means 

3 practices that are implemented consistent with terms 

4 specified in international conventions or adopted by 

5 international organizations such as the Organization 

6 of Economic Cooperation and Development and the 

7 Organization of American States. 

8 (6) Any reference to Southern Kordofan in this 

9 or any other Act making appropriations for the De10 partment of State, foreign operations, and related 

11 programs shall be deemed to include portions of 

12 Western Kordofan that were previously part of 

13 Southern Kordofan prior to the 2013 division of 

14 Southern Kordofan. 

15 ARAB LEAGUE BOYCOTT OF ISRAEL

16 SEC. 7035. It is the sense of Congress that— 

17 (1) the Arab League boycott of Israel, and the 

18 secondary boycott of American firms that have com19 mercial ties with Israel, is an impediment to peace 

20 in the region and to United States investment and 

21 trade in the Middle East and North Africa; 

22 (2) the Arab League boycott, which was regret23 tably reinstated in 1997, should be immediately and 

24 publicly terminated, and the Central Office for the 

25 Boycott of Israel immediately disbanded; 


emcdonald on DSK67QTVN1PROD with BILLS
520 

•S 2130 PCS

1 (3) all Arab League states should normalize re2 lations with their neighbor Israel; 

3 (4) the President and the Secretary of State 

4 should continue to vigorously oppose the Arab 

5 League boycott of Israel and find concrete steps to 

6 demonstrate that opposition by, for example, taking 

7 into consideration the participation of any recipient 

8 country in the boycott when determining to sell 

9 weapons to said country; and 

10 (5) the President should report to Congress an11 nually on specific steps being taken by the United 

12 States to encourage Arab League states to normalize 

13 their relations with Israel to bring about the termi14 nation of the Arab League boycott of Israel, includ15 ing those to encourage allies and trading partners of 

16 the United States to enact laws prohibiting busi17 nesses from complying with the boycott and penal18 izing businesses that do comply. 

19 PALESTINIAN STATEHOOD

20 SEC. 7036. (a) LIMITATION ON ASSISTANCE.—None 

21 of the funds appropriated under titles III through VI of 

22 this Act may be provided to support a Palestinian state 

23 unless the Secretary of State determines and certifies to 

24 the appropriate congressional committees that— 


emcdonald on DSK67QTVN1PROD with BILLS
521 

•S 2130 PCS

1 (1) the governing entity of a new Palestinian 

2 state— 

3 (A) has demonstrated a firm commitment 

4 to peaceful co-existence with the State of Israel; 

5 and 

6 (B) is taking appropriate measures to 

7 counter terrorism and terrorist financing in the 

8 West Bank and Gaza, including the dismantling 

9 of terrorist infrastructures, and is cooperating 

10 with appropriate Israeli and other appropriate 

11 security organizations; and 

12 (2) the Palestinian Authority (or the governing 

13 entity of a new Palestinian state) is working with 

14 other countries in the region to vigorously pursue ef15 forts to establish a just, lasting, and comprehensive 

16 peace in the Middle East that will enable Israel and 

17 an independent Palestinian state to exist within the 

18 context of full and normal relationships, which 

19 should include— 

20 (A) termination of all claims or states of 

21 belligerency; 

22 (B) respect for and acknowledgment of the 

23 sovereignty, territorial integrity, and political 

24 independence of every state in the area through 


emcdonald on DSK67QTVN1PROD with BILLS
522 

•S 2130 PCS

1 measures including the establishment of demili2 tarized zones; 

3 (C) their right to live in peace within se4 cure and recognized boundaries free from 

5 threats or acts of force; 

6 (D) freedom of navigation through inter7 national waterways in the area; and 

8 (E) a framework for achieving a just set9 tlement of the refugee problem. 

10 (b) SENSE OF CONGRESS.—It is the sense of Con11 gress that the governing entity should enact a constitution 

12 assuring the rule of law, an independent judiciary, and 

13 respect for human rights for its citizens, and should enact 

14 other laws and regulations assuring transparent and ac15 countable governance. 

16 (c) WAIVER.—The President may waive subsection 

17 (a) if the President determines that it is important to the 

18 national security interest of the United States to do so. 

19 (d) EXEMPTION.—The restriction in subsection (a) 

20 shall not apply to assistance intended to help reform the 

21 Palestinian Authority and affiliated institutions, or the 

22 governing entity, in order to help meet the requirements 

23 of subsection (a), consistent with the provisions of section 

24 7040 of this Act (‘‘Limitation on Assistance for the Pales25 tinian Authority’’). 


emcdonald on DSK67QTVN1PROD with BILLS
523 

•S 2130 PCS

1 RESTRICTIONS CONCERNING THE PALESTINIAN

2 AUTHORITY

3 SEC. 7037. None of the funds appropriated under ti4 tles II through VI of this Act may be obligated or ex5 pended to create in any part of Jerusalem a new office 

6 of any department or agency of the United States Govern7 ment for the purpose of conducting official United States 

8 Government business with the Palestinian Authority over 

9 Gaza and Jericho or any successor Palestinian governing 

10 entity provided for in the Israel-PLO Declaration of Prin11 ciples: Provided, That this restriction shall not apply to 

12 the acquisition of additional space for the existing Con13 sulate General in Jerusalem: Provided further, That meet14 ings between officers and employees of the United States 

15 and officials of the Palestinian Authority, or any successor 

16 Palestinian governing entity provided for in the Israel17 PLO Declaration of Principles, for the purpose of con18 ducting official United States Government business with 

19 such authority should continue to take place in locations 

20 other than Jerusalem: Provided further, That as has been 

21 true in the past, officers and employees of the United 

22 States Government may continue to meet in Jerusalem on 

23 other subjects with Palestinians (including those who now 

24 occupy positions in the Palestinian Authority), have social 

25 contacts, and have incidental discussions. 


emcdonald on DSK67QTVN1PROD with BILLS
524 

•S 2130 PCS

1 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN

2 BROADCASTING CORPORATION

3 SEC. 7038. None of the funds appropriated or other4 wise made available by this Act may be used to provide 

5 equipment, technical support, consulting services, or any 

6 other form of assistance to the Palestinian Broadcasting 

7 Corporation. 

8 ASSISTANCE FOR THE WEST BANK AND GAZA

9 SEC. 7039. (a) OVERSIGHT.—For fiscal year 2016, 

10 30 days prior to the initial obligation of funds for the bi11 lateral West Bank and Gaza Program, the Secretary of 

12 State shall certify to the Committees on Appropriations 

13 that procedures have been established to assure the Comp14 troller General of the United States will have access to 

15 appropriate United States financial information in order 

16 to review the uses of United States assistance for the Pro17 gram funded under the heading ‘‘Economic Support 

18 Fund’’ for the West Bank and Gaza. 

19 (b) VETTING.—Prior to the obligation of funds ap20 propriated by this Act under the heading ‘‘Economic Sup21 port Fund’’ for assistance for the West Bank and Gaza, 

22 the Secretary of State shall take all appropriate steps to 

23 ensure that such assistance is not provided to or through 

24 any individual, private or government entity, or edu25 cational institution that the Secretary knows or has reason 


emcdonald on DSK67QTVN1PROD with BILLS
525 

•S 2130 PCS

1 to believe advocates, plans, sponsors, engages in, or has 

2 engaged in, terrorist activity nor, with respect to private 

3 entities or educational institutions, those that have as a 

4 principal officer of the entity’s governing board or gov5 erning board of trustees any individual that has been de6 termined to be involved in, or advocating terrorist activity 

7 or determined to be a member of a designated foreign ter8 rorist organization: Provided, That the Secretary of State 

9 shall, as appropriate, establish procedures specifying the 

10 steps to be taken in carrying out this subsection and shall 

11 terminate assistance to any individual, entity, or edu12 cational institution which the Secretary has determined to 

13 be involved in or advocating terrorist activity. 

14 (c) PROHIBITION.— 

15 (1) RECOGNITION OF ACTS OF TERRORISM.— 

16 None of the funds appropriated under titles III 

17 through VI of this Act for assistance under the West 

18 Bank and Gaza Program may be made available for 

19 the purpose of recognizing or otherwise honoring in20 dividuals who commit, or have committed acts of 

21 terrorism. 

22 (2) SECURITY ASSISTANCE AND REPORTING RE23 QUIREMENT.—Notwithstanding any other provision 

24 of law, none of the funds made available by this or 

25 prior appropriations Acts, including funds made 


emcdonald on DSK67QTVN1PROD with BILLS
526 

•S 2130 PCS

1 available by transfer, may be made available for obli2 gation for security assistance for the West Bank and 

3 Gaza until the Secretary of State reports to the 

4 Committees on Appropriations on the benchmarks 

5 that have been established for security assistance for 

6 the West Bank and Gaza and reports on the extent 

7 of Palestinian compliance with such benchmarks. 

8 (d) AUDITS BY THE UNITED STATES AGENCY FOR

9 INTERNATIONAL DEVELOPMENT.— 

10 (1) The Administrator of the United States 

11 Agency for International Development shall ensure 

12 that Federal or non-Federal audits of all contractors 

13 and grantees, and significant subcontractors and 

14 sub-grantees, under the West Bank and Gaza Pro15 gram, are conducted at least on an annual basis to 

16 ensure, among other things, compliance with this 

17 section. 

18 (2) Of the funds appropriated by this Act up to 

19 $500,000 may be used by the Office of Inspector 

20 General of the United States Agency for Inter21 national Development for audits, inspections, and 

22 other activities in furtherance of the requirements of 

23 this subsection: Provided, That such funds are in ad24 dition to funds otherwise available for such pur25 poses. 


emcdonald on DSK67QTVN1PROD with BILLS
527 

•S 2130 PCS

1 (e) COMPTROLLER GENERAL OF THE UNITED

2 STATES AUDIT.—Subsequent to the certification specified 

3 in subsection (a), the Comptroller General of the United 

4 States shall conduct an audit and an investigation of the 

5 treatment, handling, and uses of all funds for the bilateral 

6 West Bank and Gaza Program, including all funds pro7 vided as cash transfer assistance, in fiscal year 2016 

8 under the heading ‘‘Economic Support Fund’’, and such 

9 audit shall address— 

10 (1) the extent to which such Program complies 

11 with the requirements of subsections (b) and (c); 

12 and 

13 (2) an examination of all programs, projects, 

14 and activities carried out under such Program, in15 cluding both obligations and expenditures. 

16 (f) NOTIFICATION PROCEDURES.—Funds made 

17 available in this Act for West Bank and Gaza shall be 

18 subject to the regular notification procedures of the Com19 mittees on Appropriations. 

20 (g) REPORT.—Not later than 180 days after enact21 ment of this Act, the Secretary of State shall submit a 

22 report to the Committees on Appropriations updating the 

23 report contained in section 2106 of chapter 2 of title II 

24 of the Emergency Supplemental Appropriations Act for 


emcdonald on DSK67QTVN1PROD with BILLS
528 

•S 2130 PCS

1 Defense, the Global War on Terror, and Tsunami Relief, 

2 2005 (Public Law 109–13). 

3 LIMITATION ON ASSISTANCE FOR THE PALESTINIAN

4 AUTHORITY

5 SEC. 7040. (a) PROHIBITION OF FUNDS.—None of 

6 the funds appropriated by this Act to carry out the provi7 sions of chapter 4 of part II of the Foreign Assistance 

8 Act of 1961 may be obligated or expended with respect 

9 to providing funds to the Palestinian Authority. 

10 (b) WAIVER.—The prohibition included in subsection 

11 (a) shall not apply if the President certifies in writing to 

12 the Speaker of the House of Representatives, the Presi13 dent pro tempore of the Senate, and the Committees on 

14 Appropriations that waiving such prohibition is important 

15 to the national security interest of the United States. 

16 (c) PERIOD OF APPLICATION OF WAIVER.—Any 

17 waiver pursuant to subsection (b) shall be effective for no 

18 more than a period of 6 months at a time and shall not 

19 apply beyond 12 months after the enactment of this Act. 

20 (d) REPORT.—Whenever the waiver authority pursu21 ant to subsection (b) is exercised, the President shall sub22 mit a report to the Committees on Appropriations detail23 ing the justification for the waiver, the purposes for which 

24 the funds will be spent, and the accounting procedures in 

25 place to ensure that the funds are properly disbursed: ProVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00528 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
529 

•S 2130 PCS

1 vided, That the report shall also detail the steps the Pales2 tinian Authority has taken to arrest terrorists, confiscate 

3 weapons and dismantle the terrorist infrastructure. 

4 (e) CERTIFICATION.—If the President exercises the 

5 waiver authority under subsection (b), the Secretary of 

6 State must certify and report to the Committees on Ap7 propriations prior to the obligation of funds that the Pal8 estinian Authority has established a single treasury ac9 count for all Palestinian Authority financing and all fi10 nancing mechanisms flow through this account, no parallel 

11 financing mechanisms exist outside of the Palestinian Au12 thority treasury account, and there is a single comprehen13 sive civil service roster and payroll, and the Palestinian 

14 Authority is acting to counter incitement of violence 

15 against Israelis and is supporting activities aimed at pro16 moting peace, coexistence, and security cooperation with 

17 Israel. 

18 (f) PROHIBITION TO HAMAS AND THE PALESTINE

19 LIBERATION ORGANIZATION.— 

20 (1) None of the funds appropriated in titles III 

21 through VI of this Act may be obligated for salaries 

22 of personnel of the Palestinian Authority located in 

23 Gaza or may be obligated or expended for assistance 

24 to Hamas or any entity effectively controlled by 

25 Hamas, any power-sharing government of which 


emcdonald on DSK67QTVN1PROD with BILLS
530 

•S 2130 PCS

1 Hamas is a member, or that results from an agree2 ment with Hamas and over which Hamas exercises 

3 undue influence. 

4 (2) Notwithstanding the limitation of paragraph 

5 (1), assistance may be provided to a power-sharing 

6 government only if the President certifies and re7 ports to the Committees on Appropriations that such 

8 government, including all of its ministers or such 

9 equivalent, has publicly accepted and is complying 

10 with the principles contained in section 620K(b)(1) 

11 (A) and (B) of the Foreign Assistance Act of 1961, 

12 as amended. 

13 (3) The President may exercise the authority in 

14 section 620K(e) of the Foreign Assistance Act of 

15 1961, as added by the Palestinian Anti-Terrorism 

16 Act of 2006 (Public Law 109–446) with respect to 

17 this subsection. 

18 (4) Whenever the certification pursuant to 

19 paragraph (2) is exercised, the Secretary of State 

20 shall submit a report to the Committees on Appro21 priations within 120 days of the certification and 

22 every quarter thereafter on whether such govern23 ment, including all of its ministers or such equiva24 lent are continuing to comply with the principles 

25 contained in section 620K(b)(1) (A) and (B) of the 


emcdonald on DSK67QTVN1PROD with BILLS
531 

•S 2130 PCS

1 Foreign Assistance Act of 1961, as amended: Pro2 vided, That the report shall also detail the amount, 

3 purposes and delivery mechanisms for any assistance 

4 provided pursuant to the abovementioned certifi5 cation and a full accounting of any direct support of 

6 such government. 

7 (5) None of the funds appropriated under titles 

8 III through VI of this Act may be obligated for as9 sistance for the Palestine Liberation Organization. 

10 MIDDLE EAST AND NORTH AFRICA

11 SEC. 7041. (a) EGYPT.— 

12 (1) CERTIFICATION AND REPORT.—Funds ap13 propriated by this Act that are available for assist14 ance for the Government of Egypt may only be made 

15 available if the Secretary of State certifies and re16 ports to the Committees on Appropriations that such 

17 government is— 

18 (A) sustaining the strategic relationship 

19 with the United States; and 

20 (B) meeting its obligations under the 1979 

21 Egypt-Israel Peace Treaty. 

22 (2) ECONOMIC SUPPORT FUND.— 

23 (A) FUNDING AND LIMITATION.—Of the 

24 funds appropriated by this Act under the head25 ing ‘‘Economic Support Fund’’, up to 


emcdonald on DSK67QTVN1PROD with BILLS
532 

•S 2130 PCS

1 $150,000,000 may be made available for assist2 ance for Egypt, of which not less than 

3 $35,000,000 should be made available for high4 er education programs including not less than 

5 $10,000,000 for scholarships at not-for-profit 

6 institutions for Egyptian students with high fi7 nancial needs: Provided, That such funds may 

8 be made available for education and economic 

9 growth programs notwithstanding any provision 

10 of law restricting assistance for Egypt, and fol11 lowing prior consultation with the Committees 

12 on Appropriations: Provided further, That such 

13 funds may not be made available for cash 

14 transfer assistance or budget support unless the 

15 Secretary of State certifies and reports to the 

16 appropriate congressional committees that the 

17 Government of Egypt is taking consistent and 

18 effective steps to stabilize the economy and im19 plement market-based economic reforms. 

20 (B) WITHHOLDING.—The Secretary of 

21 State shall withhold from obligation an amount 

22 of such funds that the Secretary determines to 

23 be equivalent to that expended by the United 

24 States Government for bail, and by nongovern25 mental organizations for legal and court fees, 


emcdonald on DSK67QTVN1PROD with BILLS
533 

•S 2130 PCS

1 associated with democracy-related trials in 

2 Egypt until the Secretary certifies and reports 

3 to the Committees on Appropriations that the 

4 Government of Egypt has dismissed the convic5 tions issued by the Cairo Criminal Court on 

6 June 4, 2013, in ‘‘Public Prosecution Case No. 

7 1110 for the Year 2012.’’ 

8 (3) FOREIGN MILITARY FINANCING PRO9 GRAM.— 

10 (A) DEMOCRACY AND HUMAN RIGHTS CER11 TIFICATION.—Of the funds appropriated by this 

12 Act under the heading ‘‘Foreign Military Fi13 nancing Program’’, up to $1,300,000,000, to 

14 remain available until September 30, 2017, may 

15 be made available for assistance for Egypt if 

16 the Secretary of State certifies and reports to 

17 the Committees on Appropriations that the 

18 Government of Egypt— 

19 (i) is taking effective steps to advance 

20 democracy and human rights in Egypt, in21 cluding to govern democratically and pro22 tect religious minorities and the rights of 

23 women, which are in addition to steps 

24 taken during the previous calendar year 

25 for such purposes; 


emcdonald on DSK67QTVN1PROD with BILLS
534 

•S 2130 PCS

1 (ii) is implementing reforms that pro2 tect freedoms of expression, association, 

3 and peaceful assembly, including the abil4 ity of civil society organizations and the 

5 media to function without interference; 

6 (iii) has released all political prisoners 

7 and is providing detainees with due process 

8 of law; and 

9 (iv) is conducting credible investiga10 tions and prosecutions of the use of exces11 sive force by security forces: 

12 Provided, That such funds may be transferred 

13 to an interest bearing account in the Federal 

14 Reserve Bank of New York, following consulta15 tion with the Committees on Appropriations: 

16 Provided further, That the certification require17 ment of this paragraph shall not apply to funds 

18 appropriated by this Act under such heading 

19 for counterterrorism, border security, and non20 proliferation programs for Egypt, and for devel21 opment programs in the Sinai, which may be 

22 made available notwithstanding any provision of 

23 law restricting assistance for Egypt. 

24 (B) WAIVER.—The Secretary of State may 

25 waive the certification requirement in subparaVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00534 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
535 

•S 2130 PCS

1 graph (A) or any provision of law restricting as2 sistance for Egypt if the Secretary of State de3 termines and reports to the Committees on Ap4 propriations that to do so is important to the 

5 national security interest of the United States, 

6 and submits a report to such Committees con7 taining a detailed justification for the use of 

8 such waiver and the reasons why any of the re9 quirements of subparagraph (A) cannot be met. 

10 (4) OVERSIGHT AND CLARIFICATION.— 

11 (A) The Secretary of State shall take all 

12 practicable steps to ensure that mechanisms are 

13 in place for monitoring, oversight, and control 

14 of funds made available by this subsection for 

15 assistance for Egypt. 

16 (B) Notwithstanding any provision of this 

17 subsection, section 620M of the Foreign Assist18 ance Act of 1961 shall apply to funds made 

19 available by this subsection for assistance for 

20 Egypt. 

21 (b) IRAN.— 

22 (1) NUCLEAR WEAPONS AND HUMAN RIGHTS.— 

23 (A) The terms and conditions of para24 graphs (1) and (2) of section 7041(c) of the 

25 Department of State, Foreign Operations, and 


emcdonald on DSK67QTVN1PROD with BILLS
536 

•S 2130 PCS

1 Related Programs Appropriations Act, 2012 

2 (division I of Public Law 112–74) shall con3 tinue in effect during fiscal year 2016 as if part 

4 of this Act. 

5 (B) Of the funds appropriated by this Act 

6 under the heading ‘‘Economic Support Fund’’, 

7 not less than $32,000,000 shall be made avail8 able for democracy programs for Iran: Pro9 vided, That such funds shall be the responsi10 bility of the Assistant Secretary for Near East11 ern Affairs, Department of State, in consulta12 tion with the Assistant Secretary for Democ13 racy, Human Rights, and Labor, Department of 

14 State. 

15 (2) REPORTS.— 

16 (A) The reporting requirements in section 

17 7043(c) of the Department of State, Foreign 

18 Operations, and Related Programs Appropria19 tions Act, 2010 (division F of Public Law 111– 

20 117) shall continue in effect during fiscal year 

21 2016 as if part of this Act: Provided, That the 

22 date in subsection (c)(1) shall be deemed to be 

23 ‘‘September 30, 2016’’. 

24 (B) The Secretary of State shall submit to 

25 the appropriate congressional committees, not 


emcdonald on DSK67QTVN1PROD with BILLS
537 

•S 2130 PCS

1 later than 30 days after enactment of this Act 

2 and at the end of each 30-day period thereafter 

3 until September 30, 2016, a report on the im4 plementation of the Joint Plan of Action be5 tween the P5+1 and the Government of Iran 

6 concluded on November 24, 2013, and any ex7 tension of or successor to that agreement, 

8 which may be submitted in classified form if 

9 necessary. 

10 (c) IRAQ.— 

11 (1) PURPOSES.—Funds appropriated by this 

12 Act may be made available for assistance for Iraq to 

13 promote governance, security, and internal and re14 gional stability, including in Kurdistan and other 

15 areas impacted by the conflict in Syria, and among 

16 Iraq’s religious and ethnic minority populations. 

17 (2) LIMITATION.—None of the funds appro18 priated by this Act may be made available for con19 struction, rehabilitation, or other improvements to 

20 United States diplomatic facilities in Iraq on prop21 erty for which no land-use agreement has been en22 tered into by the Governments of the United States 

23 and Iraq: Provided, That the restrictions in this 

24 paragraph shall not apply if such funds are nec25 essary to protect United States diplomatic facilities 


emcdonald on DSK67QTVN1PROD with BILLS
538 

•S 2130 PCS

1 or the security, health, and welfare of United States 

2 personnel. 

3 (3) KURDISTAN REGIONAL GOVERNMENTS SE4 CURITY SERVICES.—Funds appropriated by this Act 

5 under the headings ‘‘International Narcotics Control 

6 and Law Enforcement’’ and ‘‘Foreign Military Fi7 nancing Program’’ that are available for assistance 

8 for Iraq should be made available to enhance the ca9 pacity of Kurdistan Regional Government security 

10 services and for security programs in Kurdistan to 

11 address requirements arising from the violence in 

12 Syria and Iraq: Provided, That the Secretary of 

13 State shall consult with the Committees on Appro14 priations prior to obligating such funds. 

15 (d) JORDAN.— 

16 (1) MEMORANDUM OF UNDERSTANDING ON

17 STRATEGIC PARTNERSHIP.—Of the funds appro18 priated by this Act under the headings ‘‘Economic 

19 Support Fund’’ and ‘‘Foreign Military Financing 

20 Program’’, not less than $1,000,000,000 shall be 

21 made available for assistance for Jordan, consistent 

22 with the Memorandum of Understanding on Stra23 tegic Partnership between the Hashemite Kingdom 

24 of Jordan and the United States, signed on March 

25 2, 2015. 


emcdonald on DSK67QTVN1PROD with BILLS
539 

•S 2130 PCS

1 (2) ADDITIONAL ASSISTANCE.— 

2 (A) RESPONSE TO THE SYRIAN CRISIS.—In 

3 addition to amounts made available in para4 graph (1), funds appropriated by this Act shall 

5 be made available for programs to implement 

6 the Jordan Response Plan 2015 for the Syria 

7 Crisis, including assistance for host commu8 nities in Jordan: Provided, That not later than 

9 180 days after enactment of this Act, the Sec10 retary of State shall submit a report to the 

11 Committees on Appropriations describing the 

12 United States and other donor contributions to 

13 such Plan. 

14 (B) BUDGET SUPPORT.—In addition to 

15 amounts made available in paragraphs (1), 

16 2(A), and 2(C), of the funds appropriated by 

17 this Act under the heading ‘‘Economic Support 

18 Fund’’, not less than $75,000,000 shall be 

19 made available for budget support for the Gov20 ernment of Jordan: Provided, That of the funds 

21 appropriated by this Act for assistance for Jor22 dan, not less than $204,000,000 shall be made 

23 available for budget support for the Govern24 ment of Jordan. 


emcdonald on DSK67QTVN1PROD with BILLS
540 

•S 2130 PCS

1 (C) WATER SECTOR SUPPORT.—In addi2 tion to amounts made available in paragraphs 

3 (1), (2)(A), and (2)(B), of the funds appro4 priated by this Act, $100,000,000 shall be 

5 made available for water sector support for Jor6 dan: Provided, That the Secretary of State shall 

7 consult with the Committees on Appropriations 

8 prior to obligating such funds. 

9 (e) LEBANON.— 

10 (1) LIMITATION.—None of the funds appro11 priated by this Act may be made available for the 

12 Lebanese Internal Security Forces (ISF) or the Leb13 anese Armed Forces (LAF) if the ISF or the LAF 

14 is controlled by a foreign terrorist organization, as 

15 designated pursuant to section 219 of the Immigra16 tion and Nationality Act. 

17 (2) CONSULTATION REQUIREMENT.—Funds ap18 propriated by this Act under the headings ‘‘Inter19 national Narcotics Control and Law Enforcement’’ 

20 and ‘‘Foreign Military Financing Program’’ that are 

21 available for assistance for Lebanon may be made 

22 available for programs and equipment for the ISF 

23 and the LAF to address security and stability re24 quirements in areas affected by the conflict in Syria, 


emcdonald on DSK67QTVN1PROD with BILLS
541 

•S 2130 PCS

1 following consultation with the appropriate congres2 sional committees. 

3 (3) ECONOMIC SUPPORT FUND.—Funds appro4 priated by this Act under the heading ‘‘Economic 

5 Support Fund’’ that are available for assistance for 

6 Lebanon may be made available notwithstanding 

7 section 1224 of the Foreign Relations Authorization 

8 Act, Fiscal Year 2003 (Public Law 107–228; 22 

9 U.S.C. 2346 note). 

10 (4) FOREIGN MILITARY FINANCING PRO11 GRAM.—In addition to the activities described in 

12 paragraph (2), funds appropriated by this Act under 

13 the heading ‘‘Foreign Military Financing Program’’ 

14 for assistance for Lebanon may be made available 

15 only to professionalize the LAF and to strengthen 

16 border security and combat terrorism, including 

17 training and equipping the LAF to secure Lebanon’s 

18 borders, interdicting arms shipments, preventing the 

19 use of Lebanon as a safe haven for terrorist groups, 

20 and to implement United Nations Security Council 

21 Resolution 1701: Provided, That funds may not be 

22 obligated for assistance for the LAF until the Sec23 retary of State submits to the Committees on Appro24 priations a detailed spend plan, including actions to 

25 be taken to ensure equipment provided to the LAF 


emcdonald on DSK67QTVN1PROD with BILLS
542 

•S 2130 PCS

1 is only used for the intended purposes, except such 

2 plan may not be considered as meeting the notifica3 tion requirements under section 7015 of this Act or 

4 under section 634A of the Foreign Assistance Act of 

5 1961, and shall be submitted not later than Sep6 tember 1, 2016: Provided further, That any notifica7 tion submitted pursuant to such sections shall in8 clude any funds specifically intended for lethal mili9 tary equipment. 

10 (f) LIBYA.— 

11 (1) FUNDING.—Of the funds appropriated by 

12 titles III and IV of this Act, not less than 

13 $20,000,000 shall be made available for assistance 

14 for Libya for programs to strengthen governing in15 stitutions, improve border security, and promote de16 mocracy and stability in Libya, and for activities to 

17 address the humanitarian needs of the people of 

18 Libya. 

19 (2) LIMITATIONS.— 

20 (A) COOPERATION ON THE SEPTEMBER

21 2012 ATTACK ON UNITED STATES PERSONNEL

22 AND FACILITIES.—None of the funds appro23 priated by this Act may be made available for 

24 assistance for the central Government of Libya 

25 unless the Secretary of State reports to the 


emcdonald on DSK67QTVN1PROD with BILLS
543 

•S 2130 PCS

1 Committees on Appropriations that such gov2 ernment is cooperating with United States Gov3 ernment efforts to investigate and bring to jus4 tice those responsible for the attack on United 

5 States personnel and facilities in Benghazi, 

6 Libya in September 2012: Provided, That the 

7 limitation in this paragraph shall not apply to 

8 funds made available for the purpose of pro9 tecting United States Government personnel or 

10 facilities. 

11 (B) INFRASTRUCTURE PROJECTS.—The 

12 limitation on the uses of funds in section 

13 7041(f)(2) of the Department of State, Foreign 

14 Operations, and Related Programs Appropria15 tions Act, 2014 (division K of Public Law 113– 

16 76) shall apply to funds appropriated by this 

17 Act that are made available for assistance for 

18 Libya. 

19 (3) CERTIFICATION REQUIREMENT.—Prior to 

20 the initial obligation of funds made available by this 

21 Act for assistance for Libya, the Secretary of State 

22 shall certify and report to the Committees on Appro23 priations that all practicable steps have been taken 

24 to ensure that mechanisms are in place for moniVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00543 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
544 

•S 2130 PCS

1 toring, oversight, and control of funds made avail2 able by this subsection for assistance for Libya. 

3 (g) MOROCCO.— 

4 (1) AVAILABILITY AND CONSULTATION RE5 QUIREMENT.—Funds appropriated under title III of 

6 this Act shall be made available for assistance for 

7 the Western Sahara: Provided, That not later than 

8 90 days after enactment of this Act and prior to the 

9 obligation of such funds the Secretary of State, in 

10 consultation with the Administrator of the United 

11 States Agency for International Development, shall 

12 consult with the Committees on Appropriations on 

13 the proposed uses of such funds. 

14 (2) FOREIGN MILITARY FINANCING PRO15 GRAM.—Funds appropriated by this Act under the 

16 heading ‘‘Foreign Military Financing Program’’ that 

17 are available for assistance for Morocco may only be 

18 used for the purposes requested in the Congressional 

19 Budget Justification, Foreign Operations, Fiscal 

20 Year 2016. 

21 (h) SYRIA.— 

22 (1) NON-LETHAL ASSISTANCE.—Of the funds 

23 appropriated by this Act under the headings ‘‘Eco24 nomic Support Fund’’, ‘‘International Narcotics 

25 Control and Law Enforcement’’, and ‘‘Peacekeeping 


emcdonald on DSK67QTVN1PROD with BILLS
545 

•S 2130 PCS

1 Operations’’, not less than $175,000,000 shall be 

2 made available, notwithstanding any other provision 

3 of law, for non-lethal assistance for programs to ad4 dress the needs of civilians affected by conflict in 

5 Syria, and for programs that seek to— 

6 (A) establish governance in Syria that is 

7 representative, inclusive, and accountable; 

8 (B) expand the role of women in negotia9 tions to end the violence and in any political 

10 transition in Syria; 

11 (C) develop and implement political proc12 esses that are democratic, transparent, and ad13 here to the rule of law; 

14 (D) further the legitimacy of the Syrian 

15 opposition through cross-border programs; 

16 (E) develop civil society and an inde17 pendent media in Syria; 

18 (F) promote economic development in 

19 Syria; 

20 (G) document, investigate, and prosecute 

21 human rights violations in Syria, including 

22 through transitional justice programs and sup23 port for nongovernmental organizations; 

24 (H) counter extremist ideologies; 


emcdonald on DSK67QTVN1PROD with BILLS
546 

•S 2130 PCS

1 (I) assist Syrian refugees whose education 

2 has been interrupted by the ongoing conflict to 

3 complete higher education requirements at re4 gional academic institutions; and 

5 (J) assist vulnerable populations in Syria 

6 and in neighboring countries. 

7 (2) SYRIAN ORGANIZATIONS AND STRATEGY UP8 DATE.—Funds appropriated by this Act that are 

9 made available for assistance for Syria pursuant to 

10 the authority of this subsection shall be made avail11 able for a program to strengthen the capability of 

12 Syrian diaspora-led organizations and local Syrian 

13 civil society organizations to address the immediate 

14 and long-term needs of the Syrian people inside 

15 Syria in a manner that supports the sustainability of 

16 such organizations in implementing Syrian-led hu17 manitarian and development programs and the com18 prehensive strategy required in section 7041(i)(3) of 

19 the Department of State, Foreign Operations, and 

20 Related Programs Appropriations Act, 2014 (divi21 sion K of Public Law 113–76): Provided further, 

22 That not later than 30 days after enactment of this 

23 Act, and prior to the initial obligation of funds, the 

24 Secretary of State shall submit an update to such 


emcdonald on DSK67QTVN1PROD with BILLS
547 

•S 2130 PCS

1 strategy to the Committees on Appropriations, in 

2 classified form if necessary. 

3 (3) MONITORING AND OVERSIGHT.—Prior to 

4 the obligation of funds appropriated by this Act and 

5 made available for assistance for Syria, the Sec6 retary of State shall take all practicable steps to en7 sure that mechanisms are in place for monitoring, 

8 oversight, and control of such assistance inside 

9 Syria: Provided, That the Secretary of State shall 

10 promptly inform the appropriate congressional com11 mittees of each significant instance in which assist12 ance provided pursuant to the authority of this sub13 section has been compromised, to include the type 

14 and amount of assistance affected, a description of 

15 the incident and parties involved, and an explanation 

16 of the Department of State response. 

17 (4) CONSULTATION.—Funds made available 

18 pursuant to this subsection may only be made avail19 able following consultation with the appropriate con20 gressional committees. 

21 (i) WEST BANK AND GAZA.— 

22 (1) REPORT ON ASSISTANCE.—Prior to the ini23 tial obligation of funds made available by this Act 

24 under the heading ‘‘Economic Support Fund’’ for 

25 assistance for the West Bank and Gaza, the SecVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00547 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
548 

•S 2130 PCS

1 retary of State shall report to the Committees on 

2 Appropriations that the purpose of such assistance 

3 is to— 

4 (A) advance Middle East peace; 

5 (B) improve security in the region; 

6 (C) continue support for transparent and 

7 accountable government institutions; 

8 (D) promote a private sector economy; or 

9 (E) address urgent humanitarian needs. 

10 (2) LIMITATIONS.— 

11 (A)(i) None of the funds appropriated 

12 under the heading ‘‘Economic Support Fund’’ 

13 in this Act may be made available for assistance 

14 for the Palestinian Authority, if after the date 

15 of enactment of this Act— 

16 (I) the Palestinians obtain the same 

17 standing as member states or full member18 ship as a state in the United Nations or 

19 any specialized agency thereof outside an 

20 agreement negotiated between Israel and 

21 the Palestinians; or 

22 (II) the Palestinians initiate an Inter23 national Criminal Court (ICC) judicially 

24 authorized investigation, or actively sup25 port such an investigation, that subjects 


emcdonald on DSK67QTVN1PROD with BILLS
549 

•S 2130 PCS

1 Israeli nationals to an investigation for al2 leged crimes against Palestinians. 

3 (ii) The Secretary of State may waive the 

4 restriction in clause (i) of this subparagraph re5 sulting from the application of subclause (I) of 

6 such clause if the Secretary certifies to the 

7 Committees on Appropriations that to do so is 

8 in the national security interest of the United 

9 States, and submits a report to such Commit10 tees detailing how the waiver and the continu11 ation of assistance would assist in furthering 

12 Middle East peace. 

13 (B)(i) The President may waive the provi14 sions of section 1003 of the Foreign Relations 

15 Authorization Act, Fiscal Years 1988 and 1989 

16 (Public Law 100–204) if the President deter17 mines and certifies in writing to the Speaker of 

18 the House of Representatives, the President pro 

19 tempore of the Senate, and the appropriate con20 gressional committees that the Palestinians 

21 have not, after the date of enactment of this 

22 Act— 

23 (I) obtained in the United Nations or 

24 any specialized agency thereof the same 

25 standing as member states or full memberVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00549 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
550 

•S 2130 PCS

1 ship as a state outside an agreement nego2 tiated between Israel and the Palestinians; 

3 and 

4 (II) taken any action with respect to 

5 the ICC that is intended to influence a de6 termination by the ICC to initiate a judi7 cially authorized investigation, or to ac8 tively support such an investigation, that 

9 subjects Israeli nationals to an investiga10 tion for alleged crimes against Palestin11 ians. 

12 (ii) Not less than 90 days after the Presi13 dent is unable to make the certification and re14 port pursuant to clause (i) of this subpara15 graph, the President may waive section 1003 of 

16 Public Law 100–204 if the President deter17 mines and certifies in writing to the Speaker of 

18 the House of Representatives, the President pro 

19 tempore of the Senate, and the Committees on 

20 Appropriations that the Palestinians have en21 tered into direct and meaningful negotiations 

22 with Israel: Provided, That any waiver of the 

23 provisions of section 1003 of Public Law 100– 

24 204 under clause (i) of this subparagraph or 

25 under previous provisions of law must expire 


emcdonald on DSK67QTVN1PROD with BILLS
551 

•S 2130 PCS

1 before the waiver under the preceding sentence 

2 may be exercised. 

3 (iii) Any waiver pursuant to this subpara4 graph shall be effective for no more than a pe5 riod of 6 months at a time and shall not apply 

6 beyond 12 months after the enactment of this 

7 Act. 

8 (3) REDUCTION.—The Secretary of State shall 

9 reduce the amount of assistance made available by 

10 this Act under the heading ‘‘Economic Support 

11 Fund’’ for the Palestinian Authority by an amount 

12 the Secretary determines is equivalent to the amount 

13 expended by the Palestinian Authority as payments 

14 for acts of terrorism by individuals who are impris15 oned after being fairly tried and convicted for acts 

16 of terrorism and by individuals who died committing 

17 acts of terrorism during the previous calendar year: 

18 Provided, That the Secretary shall report to the 

19 Committees on Appropriations on the amount re20 duced for fiscal year 2016 prior to the obligation of 

21 funds for the Palestinian Authority. 

22 (4) SECURITY REPORT.—The reporting require23 ments contained in section 1404 of the Supple24 mental Appropriations Act, 2008 (Public Law 110– 

25 252) shall apply to funds made available by this Act, 


emcdonald on DSK67QTVN1PROD with BILLS
552 

•S 2130 PCS

1 including a description of modifications, if any, to 

2 the security strategy of the Palestinian Authority. 

3 AFRICA

4 SEC. 7042. (a) ETHIOPIA.— 

5 (1) FORCED EVICTIONS.— 

6 (A) Funds appropriated by this Act for as7 sistance for Ethiopia may not be made available 

8 for any activity that involves forced evictions. 

9 (B) The Secretary of the Treasury shall 

10 instruct the United States executive director of 

11 each international financial institution to vote 

12 against financing for any activity that involves 

13 forced evictions. 

14 (2) CONSULTATION REQUIREMENT.—Programs 

15 and activities to improve livelihoods shall include 

16 prior consultation with, and the participation of, af17 fected communities, including in the South Omo and 

18 Gambella regions. 

19 (3) FOREIGN MILITARY FINANCING PRO20 GRAM.—Funds appropriated by this Act under the 

21 heading ‘‘Foreign Military Financing Program’’ for 

22 assistance for Ethiopia may only be made available 

23 for border security and counter terrorism programs, 

24 support for international peacekeeping efforts, and 


emcdonald on DSK67QTVN1PROD with BILLS
553 

•S 2130 PCS

1 assistance for the Ethiopian Defense Command and 

2 Staff College. 

3 (b) LAKE CHAD BASIN COUNTRIES.—Funds appro4 priated by this Act shall be made available for democracy 

5 programs in Cameroon, Chad, Niger, and Nigeria, con6 sistent with the requirements of section 7073 of this Act 

7 and following consultation with the Committees on Appro8 priations: Provided, That such programs should protect 

9 freedoms of expression, association and religion, including 

10 for journalists, civil society, and opposition political par11 ties, and should be used to assist the governments of such 

12 countries to strengthen accountability and the rule of law, 

13 including within the security forces. 

14 (c) PROGRAMS IN AFRICA.— 

15 (1) Of the funds appropriated by this Act under 

16 the headings ‘‘Global Health Programs’’ and ‘‘Eco17 nomic Support Fund’’, not less than $7,000,000 

18 shall be made available for the purposes of section 

19 7042(g)(1) of the Department of State, Foreign Op20 erations, and Related Programs Appropriations Act, 

21 2014 (division K of Public Law 113–76). 

22 (2) Of the funds appropriated by this Act under 

23 the headings ‘‘Economic Support Fund’’ and ‘‘Inter24 national Narcotics Control and Law Enforcement’’, 

25 not less than $8,000,000 shall be made available for 


emcdonald on DSK67QTVN1PROD with BILLS
554 

•S 2130 PCS

1 the purposes of section 7042(g)(2) of the Depart2 ment of State, Foreign Operations, and Related Pro3 grams Appropriations Act, 2014 (division K of Pub4 lic Law 113–76). 

5 (3) Funds made available under paragraphs (1) 

6 and (2) shall be programmed in a manner that 

7 leverages a United States Government-wide ap8 proach to addressing shared challenges and mutually 

9 beneficial opportunities, and shall be the responsi10 bility of United States Chiefs of Mission in countries 

11 in Africa seeking enhanced partnerships with the 

12 United States in areas of trade, investment, develop13 ment, health, and security. 

14 (d) SOUTH SUDAN.— 

15 (1) Funds appropriated by this Act that are 

16 made available for assistance for South Sudan 

17 should— 

18 (A) be prioritized for programs that re19 spond to humanitarian needs and the delivery 

20 of basic services and to mitigate conflict and 

21 promote stability, including to address protec22 tion needs and prevent and respond to gender23 based violence; 

24 (B) support programs that build resilience 

25 of communities to address food insecurity, 


emcdonald on DSK67QTVN1PROD with BILLS
555 

•S 2130 PCS

1 maintain educational opportunities, and en2 hance local governance; 

3 (C) be used to advance democracy, includ4 ing support for civil society, independent media, 

5 and other means to strengthen the rule of law; 

6 (D) support the transparent and sustain7 able management of natural resources by assist8 ing the Government of South Sudan in con9 ducting regular audits of financial accounts, in10 cluding revenues from oil and gas, and the 

11 timely public disclosure of such audits; and 

12 (E) support the professionalization of secu13 rity forces, including human rights and ac14 countability to civilian authorities. 

15 (2) None of the funds appropriated by this Act 

16 that are available for assistance for the central Gov17 ernment of South Sudan may be made available 

18 until the Secretary of State certifies and reports to 

19 the Committees on Appropriations that such govern20 ment is taking effective steps to— 

21 (A) end hostilities and pursue good faith 

22 negotiations for a political settlement of the in23 ternal conflict; 

24 (B) provide access for humanitarian orga25 nizations; 


emcdonald on DSK67QTVN1PROD with BILLS
556 

•S 2130 PCS

1 (C) end the recruitment and use of child 

2 soldiers; 

3 (D) protect freedoms of expression, asso4 ciation, and assembly; 

5 (E) reduce corruption related to the ex6 traction and sale of oil and gas; and 

7 (F) establish democratic institutions, in8 cluding accountable military and police forces 

9 under civilian authority. 

10 (3) The limitation of paragraph (2) shall not 

11 apply to— 

12 (A) humanitarian assistance; 

13 (B) assistance to support South Sudan 

14 peace negotiations or to advance or implement 

15 a peace agreement; and 

16 (C) assistance to support implementation 

17 of outstanding issues of the Comprehensive 

18 Peace Agreement (CPA) and mutual arrange19 ments related to the CPA. 

20 (e) SUDAN.— 

21 (1) Notwithstanding any other provision of law, 

22 none of the funds appropriated by this Act may be 

23 made available for assistance for the Government of 

24 Sudan. 


emcdonald on DSK67QTVN1PROD with BILLS
557 

•S 2130 PCS

1 (2) None of the funds appropriated by this Act 

2 may be made available for the cost, as defined in 

3 section 502 of the Congressional Budget Act of 

4 1974, of modifying loans and loan guarantees held 

5 by the Government of Sudan, including the cost of 

6 selling, reducing, or canceling amounts owed to the 

7 United States, and modifying concessional loans, 

8 guarantees, and credit agreements. 

9 (3) The limitations of paragraphs (1) and (2) 

10 shall not apply to— 

11 (A) humanitarian assistance; 

12 (B) assistance for democracy programs; 

13 (C) assistance for the Darfur region, 

14 Southern Kordofan State, Blue Nile State, 

15 other marginalized areas and populations in 

16 Sudan, and Abyei; and 

17 (D) assistance to support implementation 

18 of outstanding issues of the Comprehensive 

19 Peace Agreement (CPA), mutual arrangements 

20 related to post-referendum issues associated 

21 with the CPA, or any other internationally rec22 ognized viable peace agreement in Sudan. 

23 (f) VICTIMS OF VIOLENCE AND VIOLENT EXTREMIST

24 GROUPS.— 


emcdonald on DSK67QTVN1PROD with BILLS
558 

•S 2130 PCS

1 (1) Funds appropriated by this Act that are 

2 made available for assistance for Cameroon, Chad, 

3 Niger, and Nigeria shall be made available for as4 sistance for women and girls who are targeted by 

5 the terrorist organization Boko Haram, consistent 

6 with the provisions of section 7059 of this Act, and 

7 in consultation with the governments of such coun8 tries. 

9 (2) Of the funds appropriated by this Act under 

10 the heading ‘‘Economic Support Fund’’, not less 

11 than $10,000,000 shall be made available for pro12 grams and activities in areas affected by the Lord’s 

13 Resistance Army (LRA) consistent with the goals of 

14 the Lord’s Resistance Army and Disarmament and 

15 Northern Uganda Recovery Act (Public Law 111– 

16 172), including to improve physical access, tele17 communications infrastructure, and early-warning 

18 mechanisms and to support the disarmament, demo19 bilization, and reintegration of former LRA combat20 ants, especially child soldiers. 

21 (3) Funds made available by this Act for assist22 ance for the Central African Republic shall be made 

23 available for reconciliation and peacebuilding pro24 grams, including activities to promote inter-faith 


emcdonald on DSK67QTVN1PROD with BILLS
559 

•S 2130 PCS

1 dialogue at the national and local levels, and for pro2 grams to prevent crimes against humanity. 

3 (g) ZIMBABWE.— 

4 (1) The Secretary of the Treasury shall instruct 

5 the United States executive director of each inter6 national financial institution to vote against any ex7 tension by the respective institution of any loan or 

8 grant to the Government of Zimbabwe, except to 

9 meet basic human needs or to promote democracy, 

10 unless the Secretary of State certifies and reports to 

11 the Committees on Appropriations that the rule of 

12 law has been restored, including respect for owner13 ship and title to property, and freedoms of expres14 sion, association, and assembly. 

15 (2) None of the funds appropriated by this Act 

16 shall be made available for assistance for the central 

17 Government of Zimbabwe, except for health and 

18 education, unless the Secretary of State certifies and 

19 reports as required in paragraph (1), and funds may 

20 be made available for macroeconomic growth assist21 ance if the Secretary reports to the Committees on 

22 Appropriations that such government is imple23 menting transparent fiscal policies, including public 

24 disclosure of revenues from the extraction of natural 

25 resources. 


emcdonald on DSK67QTVN1PROD with BILLS
560 

•S 2130 PCS

1 EAST ASIA AND THE PACIFIC

2 SEC. 7043. (a) ASIA REBALANCING INITIATIVE.— 

3 Except for paragraphs (1)(C), (4), (5)(B) and (C), and 

4 6(B), section 7043(a) of the Department of State, Foreign 

5 Operations, and Related Programs Appropriations Act, 

6 2015 (division J of Public Law 113–235) shall continue 

7 in effect during fiscal year 2016 as if part of this Act. 

8 (b) BURMA.— 

9 (1) FREE AND FAIR NATIONAL ELECTIONS.— 

10 Notwithstanding any provision of this subsection, of 

11 the funds appropriated by this Act under the head12 ings ‘‘Economic Support Fund’’ and ‘‘International 

13 Narcotics Control and Law Enforcement’’ for assist14 ance for Burma, $15,000,000 shall be withheld from 

15 obligation until the Secretary of State certifies and 

16 reports to the appropriate congressional committees 

17 that the Government of Burma, including the armed 

18 forces, is— 

19 (A) furthering democratic reforms in an 

20 inclusive and transparent manner that includes 

21 the participation of civil society, opposition po22 litical parties, and parliament; 

23 (B) taking effective steps to hold free and 

24 fair elections consistent with internationally rec25 ognized standards for democratic elections, inVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00560 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
561 

•S 2130 PCS

1 cluding those identified by the National League 

2 for Democracy in its January 13, 2015 state3 ment on elections; 

4 (C) supporting the independence of the 

5 Union Election Commission, and refraining 

6 from using official resources for electioneering; 

7 (D) promoting and protecting human 

8 rights, particularly for Rohingya, Kachin, and 

9 other religious and ethnic groups; 

10 (E) releasing all political prisoners; and 

11 (F) fulfilling international commitments 

12 and reform pledges outlined in Myanmar Presi13 dent Office Press Release No. 2/2012. 

14 (2) BILATERAL ECONOMIC ASSISTANCE.—(A) 

15 Funds appropriated by this Act under the heading 

16 ‘‘Economic Support Fund’’ for assistance for Burma 

17 may be made available notwithstanding any other 

18 provision of law, except for this subsection, and fol19 lowing consultation with the appropriate congres20 sional committees. 

21 (B) Funds appropriated under title III of this 

22 Act for assistance for Burma— 

23 (i) may not be made available for budget 

24 support for the Government of Burma; 


emcdonald on DSK67QTVN1PROD with BILLS
562 

•S 2130 PCS

1 (ii) shall be provided to strengthen civil so2 ciety organizations in Burma, including as core 

3 support for such organizations; 

4 (iii) shall be made available for the imple5 mentation of the democracy and human rights 

6 strategy required by section 7043(b)(3)(A) of 

7 the Department of State, Foreign Operations, 

8 and Related Programs Appropriations Act, 

9 2014 (division K of Public Law 113–76); 

10 (iv) shall be made available for community11 based organizations operating in Thailand to 

12 provide food, medical, and other humanitarian 

13 assistance to internally displaced persons in 

14 eastern Burma, in addition to assistance for 

15 Burmese refugees from funds appropriated by 

16 this Act under the heading ‘‘Migration and Ref17 ugee Assistance’’; 

18 (v) shall be made available for programs to 

19 promote ethnic and religious tolerance, includ20 ing in Rakhine and Kachin states; 

21 (vi) may not be made available to any suc22 cessor or affiliated organization of the State 

23 Peace and Development Council (SPDC) con24 trolled by former SPDC members that pro25 motes the repressive policies of the SPDC, or to 


emcdonald on DSK67QTVN1PROD with BILLS
563 

•S 2130 PCS

1 any individual or organization credibly alleged 

2 to have committed gross violations or human 

3 rights, including against Rohingya and other 

4 minority groups; and 

5 (vii) may be made available for programs 

6 administrated by the Office of Transition Initia7 tives, United States Agency for International 

8 Development (USAID), or ethnic groups and 

9 civil society in Burma to help sustain ceasefire 

10 agreements and further prospects for reconcili11 ation and peace, which may include support to 

12 representatives of ethnic armed groups for this 

13 purpose. 

14 (3) INTERNATIONAL SECURITY ASSISTANCE.— 

15 None of the funds appropriated by this Act under 

16 the headings ‘‘International Military Education and 

17 Training’’ and ‘‘Foreign Military Financing Pro18 gram’’ may be made available for assistance for 

19 Burma: Provided, That if the Secretary of State 

20 makes the certification and report required in para21 graph (1), the Department of State may continue 

22 consultations with the armed forces of Burma only 

23 on human rights and disaster response in a manner 

24 consistent with the prior fiscal year, and following 


emcdonald on DSK67QTVN1PROD with BILLS
564 

•S 2130 PCS

1 consultation with the appropriate congressional com2 mittees. 

3 (4) MULTILATERAL ASSISTANCE.—The Sec4 retary of the Treasury should instruct the United 

5 States executive director of each international finan6 cial institution to use the voice and vote of the 

7 United States to support projects in Burma only if 

8 such projects— 

9 (A) promote accountability and trans10 parency, including on-site monitoring through11 out the life of the project; 

12 (B) are developed and carried out in ac13 cordance with best practices regarding environ14 mental conservation; social and cultural protec15 tion and empowerment of local populations, 

16 particularly ethnic nationalities; and extraction 

17 of resources; 

18 (C) do not promote the displacement of 

19 local populations without appropriate consulta20 tion, harm mitigation and compensation, and do 

21 not provide incentives for, or facilitate, the 

22 forced migration of indigenous communities; 

23 and 


emcdonald on DSK67QTVN1PROD with BILLS
565 

•S 2130 PCS

1 (D) do not partner with or otherwise in2 volve military-owned enterprises or state-owned 

3 enterprises associated with the military. 

4 (5) ASSESSMENT.—Not later than 180 days 

5 after enactment of this Act, the Comptroller General 

6 of the United States shall initiate an assessment of 

7 democracy programs in Burma conducted by the De8 partment of State and USAID, including the strat9 egy for such programs, and programmatic imple10 mentation and results: Provided, That of the funds 

11 appropriated by this Act for assistance for Burma, 

12 up to $100,000 shall be made available to the Comp13 troller for such assessment. 

14 (6) PROGRAMS, POSITION, AND RESPONSIBIL15 ITIES.— 

16 (A) Any new program or activity in Burma 

17 initiated in fiscal year 2016 shall be subject to 

18 prior consultation with the appropriate congres19 sional committees. 

20 (B) Section 7043(b)(7) of the Department 

21 of State, Foreign Operations, and Related Pro22 grams Appropriations Act, 2015 (division J of 

23 Public Law 113–235) shall continue in effect 

24 during fiscal year 2016 as if part of this Act. 


emcdonald on DSK67QTVN1PROD with BILLS
566 

•S 2130 PCS

1 (C) The United States Chief of Mission in 

2 Burma, in consultation with the Assistant Sec3 retary for the Bureau of Democracy, Human 

4 Rights, and Labor, Department of State, shall 

5 be responsible for democracy programs in 

6 Burma. 

7 (c) CAMBODIA.— 

8 (1) DEMOCRACY PROGRAMS.—Of the funds ap9 propriated under title III of this Act, not less than 

10 $19,750,000 shall be made available for democracy 

11 programs in Cambodia, including to promote Inter12 net freedom: Provided, That the decisions on the 

13 uses of such funds shall be the responsibility of the 

14 Assistant Secretary for Democracy, Human Rights, 

15 and Labor, Department of State, in consultation 

16 with the United States Chief of Mission in Cam17 bodia. 

18 (2) KHMER ROUGE RESEARCH AND EDUCATION

19 PROGRAMS.—None of the funds appropriated by this 

20 Act may be made available for a United States con21 tribution to the Extraordinary Chambers in the 

22 Court of Cambodia (ECCC): Provided, That funds 

23 made available by this Act for democracy programs 

24 in Cambodia shall be made available for research 

25 and education programs associated with the Khmer 


emcdonald on DSK67QTVN1PROD with BILLS
567 

•S 2130 PCS

1 Rouge genocide in Cambodia: Provided further, That 

2 the Secretary of State shall continue to consult with 

3 the Principal Donors Group on reimbursements to 

4 the Documentation Center of Cambodia for costs in5 curred in support of the ECCC. 

6 (d) NORTH KOREA.— 

7 (1) BROADCASTS.—Funds appropriated by this 

8 Act under the heading ‘‘International Broadcasting 

9 Operations’’ shall be made available to maintain 

10 broadcasts into North Korea at levels consistent 

11 with the prior fiscal year. 

12 (2) REFUGEES.—Funds appropriated by this 

13 Act under the heading ‘‘Migration and Refugee As14 sistance’’ shall be made available for assistance for 

15 refugees from North Korea, including protection ac16 tivities in the People’s Republic of China and other 

17 countries in the Asia region. 

18 (3) DATABASE AND REPORT.—Funds appro19 priated by this Act under the heading ‘‘Democracy 

20 Fund’’ that are made available to the Bureau of De21 mocracy, Human Rights, and Labor, Department of 

22 State, shall be made available to maintain a data23 base of prisons and gulags in North Korea, in ac24 cordance with section 7032(i) of the Department of 

25 State, Foreign Operations, and Related Programs 


emcdonald on DSK67QTVN1PROD with BILLS
568 

•S 2130 PCS

1 Appropriations Act, 2014 (division K of Public Law 

2 113–76): Provided, That not later than 30 days 

3 after enactment of this Act, the Secretary of State 

4 shall submit a report to the Committees on Appro5 priations describing the sources of information and 

6 format of such database. 

7 (4) LIMITATION ON USE OF FUNDS.—None of 

8 the funds appropriated by this Act under the head9 ing ‘‘Economic Support Fund’’ may be made avail10 able for assistance for the Government of North 

11 Korea. 

12 (e) PEOPLE’S REPUBLIC OF CHINA.— 

13 (1) LIMITATION ON USE OF FUNDS.—None of 

14 the funds appropriated under the heading ‘‘Diplo15 matic and Consular Programs’’ in this Act may be 

16 obligated or expended for processing licenses for the 

17 export of satellites of United States origin (including 

18 commercial satellites and satellite components) to 

19 the People’s Republic of China (PRC) unless, at 

20 least 15 days in advance, the Committees on Appro21 priations are notified of such proposed action. 

22 (2) PEOPLE’S LIBERATION ARMY.—The terms 

23 and requirements of section 620(h) of the Foreign 

24 Assistance Act of 1961 shall apply to foreign assist25 ance projects or activities of the People’s Liberation 


emcdonald on DSK67QTVN1PROD with BILLS
569 

•S 2130 PCS

1 Army (PLA) of the PRC, to include such projects or 

2 activities by any entity that is owned or controlled 

3 by, or an affiliate of, the PLA: Provided, That none 

4 of the funds appropriated or otherwise made avail5 able pursuant to this Act may be used to finance 

6 any grant, contract, or cooperative agreement with 

7 the PLA, or any entity that the Secretary of State 

8 has reason to believe is owned or controlled by, or 

9 an affiliate of, the PLA. 

10 (3) PROGRAMS TO PROMOTE AND STRENGTHEN

11 TRANSPARENCY, ACCOUNTABILITY, AND CIVIC ADVO12 CACY.—Of the funds appropriated by this Act under 

13 the heading ‘‘Economic Support Fund’’, not less 

14 than $15,000,000 shall be made available for democ15 racy and environment programs for the PRC: Pro16 vided, That the strategic objective of such programs 

17 shall be to promote and strengthen transparency, ac18 countability, and civic advocacy at the grassroots 

19 and national levels in the PRC: Provided further, 

20 That none of such funds may be made available for 

21 assistance for the Government of the PRC. 

22 (4) COUNTER INFLUENCE PROGRAMS.—Funds 

23 appropriated by this Act for public diplomacy under 

24 title I and for assistance under titles III and IV 

25 shall be made available to counter the influence of 


emcdonald on DSK67QTVN1PROD with BILLS
570 

•S 2130 PCS

1 the PRC, in accordance with the strategy required 

2 by section 7043(e)(3) of the Department of State, 

3 Foreign Operations, and Related Programs Appro4 priations Act, 2014 (division K of Public Law 113– 

5 76), following consultation with the Committees on 

6 Appropriations. 

7 (5) COST-MATCHING REQUIREMENT.—Section 

8 7032(f) of the Department of State, Foreign Oper9 ations, and Related Programs Appropriations Act, 

10 2015 (division J of Public Law 113–235) shall con11 tinue in effect during fiscal year 2016 as if part of 

12 this Act. 

13 (6) HONG KONG REPORT.—Not later than 90 

14 days after the enactment of this Act, the Secretary 

15 of State shall submit to the appropriate congres16 sional committees the report required under section 

17 301 of the United States-Hong Kong Policy Act of 

18 1992 (22 U.S.C. 5731): Provided, That such report 

19 shall be made publicly available on the Department 

20 of State Web site. 

21 (f) TIBET.— 

22 (1) FINANCING OF PROJECTS IN TIBET.—The 

23 Secretary of the Treasury should instruct the United 

24 States executive director of each international finan25 cial institution to use the voice and vote of the 


emcdonald on DSK67QTVN1PROD with BILLS
571 

•S 2130 PCS

1 United States to support financing of projects in 

2 Tibet if such projects do not provide incentives for 

3 the migration and settlement of non-Tibetans into 

4 Tibet or facilitate the transfer of ownership of Ti5 betan land and natural resources to non-Tibetans, 

6 are based on a thorough needs-assessment, foster 

7 self-sufficiency of the Tibetan people and respect Ti8 betan culture and traditions, and are subject to ef9 fective monitoring. 

10 (2) PROGRAMS FOR TIBETAN COMMUNITIES.— 

11 Notwithstanding any other provision of law, of the 

12 funds appropriated by this Act under the heading 

13 ‘‘Economic Support Fund’’$8,000,000 shall be made 

14 available to nongovernmental organizations to sup15 port activities which preserve cultural traditions and 

16 promote sustainable development, education, and en17 vironmental conservation in Tibetan communities in 

18 the Tibetan Autonomous Region and in other Ti19 betan communities in China. 

20 (3) Of the funds appropriated by this Act under 

21 the heading, ‘‘Economic Support Fund’’ not less 

22 than $6,000,000 shall be made available for pro23 grams to promote and preserve Tibetan culture, de24 velopment, and the resilience of Tibetan commu25 nities in India and Nepal, and to assist in the eduVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00571 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
572 

•S 2130 PCS

1 cation and development of the next generation of Ti2 betan leaders from such communities: Provided, 

3 That such funds are in addition to amounts made 

4 available in paragraph (2) for programs inside Tibet. 

5 (g) VIETNAM.— 

6 (1) DIOXIN REMEDIATION.—Of the funds ap7 propriated by this Act under the heading ‘‘Economic 

8 Support Fund’’, not less than $25,000,000 shall be 

9 made available for remediation of dioxin contami10 nated sites in Vietnam and may be made available 

11 for assistance for the Government of Vietnam, in12 cluding the military, for such purposes. 

13 (2) HEALTH AND DISABILITY PROGRAMS.—Of 

14 the funds appropriated by this Act under the head15 ing ‘‘Development Assistance’’, not less than 

16 $7,000,000 shall be made available for health and 

17 disability programs in areas sprayed with Agent Or18 ange and otherwise contaminated with dioxin, to as19 sist individuals with severe upper or lower body mo20 bility impairment and/or cognitive or developmental 

21 disabilities. 

22 SOUTH AND CENTRAL ASIA

23 SEC. 7044. (a) AFGHANISTAN.— 

24 (1) DIPLOMATIC OPERATIONS.— 


emcdonald on DSK67QTVN1PROD with BILLS
573 

•S 2130 PCS

1 (A) FACILITIES.—Funds appropriated by 

2 this Act under the headings ‘‘Diplomatic and 

3 Consular Programs’’, ‘‘Embassy Security, Con4 struction, and Maintenance’’, and ‘‘Operating 

5 Expenses’’ that are available for construction 

6 and renovation of United States Government 

7 facilities in Afghanistan may not be made avail8 able if the purpose is to accommodate Federal 

9 employee positions or to expand aviation facili10 ties or assets above those notified by the De11 partment of State and the United States Agen12 cy for International Development (USAID) to 

13 the Committees on Appropriations, or contrac14 tors in addition to those in place on the date of 

15 enactment of this Act: Provided, That the limi16 tations in this paragraph shall not apply if 

17 funds are necessary to implement plans for ac18 commodating other United States Government 

19 agencies under Chief of Mission authority per 

20 section 3927 of title 22, United States Code, or 

21 to protect such facilities or the security, health, 

22 and welfare of United States Government per23 sonnel. 

24 (B) PERSONNEL AND OFFICES REPORTS.— 


emcdonald on DSK67QTVN1PROD with BILLS
574 

•S 2130 PCS

1 (i) Not later than 30 days after enact2 ment of this Act and every 120 days there3 after until September 30, 2016, the Sec4 retary of State shall submit a report, in 

5 classified form if necessary, to the appro6 priate congressional committees detailing 

7 by agency the number of personnel present 

8 in Afghanistan under Chief of Mission au9 thority per section 3927 of title 22, United 

10 States Code, at the end of the 120 day pe11 riod preceding the submission of such re12 port: Provided, That such report shall also 

13 include the number of locally employed 

14 staff and contractors supporting United 

15 States Embassy operations in Afghanistan 

16 during the reporting period. 

17 (ii) Not later than 90 days after en18 actment of this Act, the Secretary of State 

19 and the USAID Administrator shall each 

20 submit to the appropriate congressional 

21 committees transition plans for the Office 

22 of the Special Representative for Afghani23 stan and Pakistan, Department of State, 

24 and the Office of Afghanistan and Paki25 stan Affairs, USAID, respectively: ProVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00574 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
575 

•S 2130 PCS

1 vided, That such plans shall include a 

2 timeline, estimated costs, and the per3 sonnel requirements for the merger of such 

4 offices into the relevant bureaus and of5 fices of the Department of State and 

6 USAID. 

7 (2) ASSISTANCE AND CONDITIONS.— 

8 (A) FUNDING AND LIMITATIONS.—Funds 

9 appropriated by this Act under the headings 

10 ‘‘Economic Support Fund’’ and ‘‘International 

11 Narcotics Control and Law Enforcement’’ may 

12 be made available for assistance for Afghani13 stan: Provided, That such funds may not be ob14 ligated for any program, project, or activity 

15 that— 

16 (i) includes the participation of any 

17 Afghan individual or organization that the 

18 Secretary of State determines to be in19 volved in corrupt practices or violation of 

20 human rights; 

21 (ii) cannot be sustained, as appro22 priate, by the Government of Afghanistan 

23 or other Afghan entity; 

24 (iii) is inaccessible for the purposes of 

25 conducting regular oversight in accordance 


emcdonald on DSK67QTVN1PROD with BILLS
576 

•S 2130 PCS

1 with applicable Federal statutes and regu2 lations; and 

3 (iv) initiates any new, major infra4 structure development. 

5 (B) CERTIFICATION AND REPORT.—Prior 

6 to the initial obligation of funds made available 

7 by this Act under the headings ‘‘Economic Sup8 port Fund’’ and ‘‘International Narcotics Con9 trol and Law Enforcement’’ for assistance for 

10 the Government of Afghanistan, the Secretary 

11 of State shall certify and report to the Commit12 tees on Appropriations that the Government of 

13 the United States, after consultation with the 

14 Government of Afghanistan, has established— 

15 (i) goals and benchmarks for the spe16 cific uses of such funds; 

17 (ii) conditions that increase the trans18 parency and accountability of the Govern19 ment of Afghanistan for funds obligated 

20 under the New Development Partnership; 

21 (iii) monitoring and oversight frame22 works in accordance with all applicable 

23 audit policies of the Department of State 

24 and USAID; and 


emcdonald on DSK67QTVN1PROD with BILLS
577 

•S 2130 PCS

1 (iv) processes for the public reporting 

2 of the Government of Afghanistan’s na3 tional budget, including revenues and ex4 penditures. 

5 (C) WAIVER.—The Secretary of State, 

6 after consultation with the Secretary of De7 fense, may waive the certification requirement 

8 of subparagraph (B) if the Secretary deter9 mines that to do so is important to the national 

10 security interest of the United States and the 

11 Secretary submits a report to the Committees 

12 on Appropriations, in classified form if nec13 essary, on the justification for the waiver and 

14 the reasons why any part of the certification re15 quirement of subparagraph (B) has not been 

16 met. 

17 (D) PROGRAMS.—Funds appropriated by 

18 this Act that are made available for assistance 

19 for Afghanistan shall be made available in the 

20 following manner— 

21 (i) not less than $50,000,000 shall be 

22 made available for rule of law programs, 

23 the decisions for which shall be the respon24 sibility of the Chief of Mission, in consultaVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00577 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
578 

•S 2130 PCS

1 tion with other appropriate United States 

2 Government officials in Afghanistan; 

3 (ii) funds may be made available for 

4 an endowment to empower women and 

5 girls, and shall be made available for pro6 grams that protect the rights of women 

7 and promote the political and economic 

8 empowerment of women, including their 

9 meaningful inclusion in political processes: 

10 Provided, That such assistance to promote 

11 economic empowerment of women shall 

12 made available as grants to Afghan and 

13 international organizations, to the max14 imum extent practicable; 

15 (iii) funds shall be made available for 

16 programs in Central and South Asia to ex17 pand linkages between Afghanistan and 

18 countries in the region, subject to the reg19 ular notification procedures of the Commit20 tees on Appropriations; and 

21 (iv) funds may be made available to 

22 assist the Government of Afghanistan to 

23 increase revenue collection and expendi24 ture. 

25 (3) REPORTING REQUIREMENTS.— 


emcdonald on DSK67QTVN1PROD with BILLS
579 

•S 2130 PCS

1 (A) GOALS AND BENCHMARKS.—Not later 

2 than 90 days after enactment of this Act, the 

3 Secretary of State shall submit to the appro4 priate congressional committees a report de5 scribing the goals and benchmarks required in 

6 clause (2)(B)(i): Provided, That not later than 

7 6 months after the submission of such report 

8 and every 6 months thereafter until September 

9 30, 2017, the Secretary of State shall submit a 

10 report to such committees on the status of 

11 achieving such goals and benchmarks: Provided 

12 further, That the Secretary of State should sus13 pend assistance for the Government of Afghani14 stan if any report required by this paragraph 

15 indicates that Afghanistan is failing to make 

16 measurable progress in meeting such goals and 

17 benchmarks. 

18 (B) CORRUPTION AND CRIMINAL PROSECU19 TIONS.—Not later than 180 days after enact20 ment of this Act, the Secretary of State shall 

21 submit to the appropriate congressional com22 mittees a report detailing steps taken by the 

23 Government of Afghanistan to combat corrup24 tion and prosecute individuals alleged to be in25 volved in illegal activities in Afghanistan. 


emcdonald on DSK67QTVN1PROD with BILLS
580 

•S 2130 PCS

1 (4) AUTHORITIES.— 

2 (A) Funds appropriated by this Act under 

3 title III through VI that are made available for 

4 assistance for Afghanistan may be made avail5 able— 

6 (i) notwithstanding section 7012 of 

7 this Act or any similar provision of law 

8 and section 660 of the Foreign Assistance 

9 Act of 1961; and 

10 (ii) for reconciliation programs and 

11 disarmament, demobilization, and re12 integration activities for former combat13 ants who have renounced violence against 

14 the Government of Afghanistan, including 

15 as a United States contribution to the Af16 ghanistan Reconstruction Trust Fund and 

17 an internationally managed fund for such 

18 purposes, subject to the regular notifica19 tion procedures of the Committees on Ap20 propriations. 

21 (B) Section 7046(a)(2)(A) of the Depart22 ment of State, Foreign Operations, and Related 

23 Programs Appropriations Act, 2012, (division I 

24 of Public Law 112–74) shall apply to funds apVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00580 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
581 

•S 2130 PCS

1 propriated by this Act for assistance for Af2 ghanistan. 

3 (C) Section 1102(c) of the Supplemental 

4 Appropriations Act, 2009 (title XI of Public 

5 Law 111–32) shall continue in effect during fis6 cal year 2016 as if part of this Act. 

7 (b) BANGLADESH.—Funds appropriated by this Act 

8 under the heading ‘‘Development Assistance’’ that are 

9 made available for assistance for Bangladesh shall be 

10 made available for programs to improve labor conditions 

11 by strengthening the capacity of independent workers’ or12 ganizations in Bangladesh’s readymade garment, shrimp, 

13 and fish export sectors. 

14 (c) NEPAL.— 

15 (1) BILATERAL ECONOMIC ASSISTANCE.—Of 

16 the funds appropriated by this Act under titles III 

17 and IX, not less than $150,000,000 shall be made 

18 available for assistance for Nepal for earthquake re19 lief, recovery, and reconstruction programs: Pro20 vided, That such amounts shall be in addition to 

21 funds made available by this Act for development 

22 and democracy programs in Nepal: Provided further, 

23 That funds made available for earthquake relief, re24 covery, and reconstruction programs should— 


emcdonald on DSK67QTVN1PROD with BILLS
582 

•S 2130 PCS

1 (A) target affected communities on an eq2 uitable basis; 

3 (B) promote political reforms, as appro4 priate, including to strengthen institutions and 

5 constitutional processes; and 

6 (C) include sufficient oversight mecha7 nisms, to include the participation of civil soci8 ety organizations. 

9 (2) FOREIGN MILITARY FINANCING PRO10 GRAM.— 

11 (A) Funds appropriated by this Act under 

12 the heading ‘‘Foreign Military Financing Pro13 gram’’ shall only be made available for humani14 tarian and disaster relief and reconstruction ac15 tivities in Nepal, and in support of international 

16 peacekeeping operations: Provided, That any 

17 additional uses of such funds may only be made 

18 available if the Secretary of State certifies and 

19 reports to the Committees on Appropriations 

20 that the Government of Nepal is investigating 

21 and prosecuting violations of human rights and 

22 the law of war, and the Nepal army is cooper23 ating fully with civilian judicial authorities on 

24 such efforts. 


emcdonald on DSK67QTVN1PROD with BILLS
583 

•S 2130 PCS

1 (B) Of the funds appropriated under titles 

2 IV and VIII of this Act and prior Acts making 

3 appropriations for the Department of State, 

4 foreign operations, and related programs under 

5 the heading ‘‘Foreign Military Financing Pro6 gram’’ for assistance for Pakistan, up to 

7 $36,000,000 may be made available for the 

8 purchase and operation of aircraft for the Gov9 ernment of Nepal for the purposes of disaster 

10 response and preparedness: Provided, That such 

11 funds shall be subject to prior consultation with 

12 the Committees on Appropriations. 

13 (d) PAKISTAN.— 

14 (1) CERTIFICATION REQUIREMENT.—None of 

15 the funds appropriated or otherwise made available 

16 by this Act under the headings ‘‘Economic Support 

17 Fund’’, ‘‘International Narcotics Control and Law 

18 Enforcement’’, and ‘‘Foreign Military Financing 

19 Program’’ for assistance for the Government of 

20 Pakistan may be made available unless the Secretary 

21 of State certifies and reports to the Committees on 

22 Appropriations that the Government of Pakistan 

23 is— 

24 (A) cooperating with the United States in 

25 counterterrorism efforts against the Haqqani 


emcdonald on DSK67QTVN1PROD with BILLS
584 

•S 2130 PCS

1 Network, the Quetta Shura Taliban, Lashkar e2 Tayyiba, Jaish-e-Mohammed, Al-Qaeda, and 

3 other domestic and foreign terrorist organiza4 tions, including taking effective steps to end 

5 support for such groups and prevent them from 

6 basing and operating in Pakistan and carrying 

7 out cross border attacks into neighboring coun8 tries; 

9 (B) not supporting terrorist activities 

10 against United States or coalition forces in Af11 ghanistan, and Pakistan’s military and intel12 ligence agencies are not intervening extra-judi13 cially into political and judicial processes in 

14 Pakistan; 

15 (C) dismantling improvised explosive device 

16 (IED) networks and interdicting precursor 

17 chemicals used in the manufacture of IEDs; 

18 (D) preventing the proliferation of nuclear19 related material and expertise; 

20 (E) issuing visas in a timely manner for 

21 United States visitors engaged in counterter22 rorism efforts and assistance programs in Paki23 stan; and 

24 (F) providing humanitarian organizations 

25 access to detainees, internally displaced perVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00584 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
585 

•S 2130 PCS

1 sons, and other Pakistani civilians affected by 

2 the conflict. 

3 (2) WAIVER.—The Secretary of State, after 

4 consultation with the Secretary of Defense, may 

5 waive the certification requirement of paragraph (1) 

6 if the Secretary of State determines that to do so is 

7 important to the national security interest of the 

8 United States and the Secretary submits a report to 

9 the Committees on Appropriations, in classified form 

10 if necessary, on the justification for the waiver and 

11 the reasons why any part of the certification require12 ment of paragraph (1) has not been met. 

13 (3) ASSISTANCE.— 

14 (A) Funds appropriated by this Act under 

15 the heading ‘‘Foreign Military Financing Pro16 gram’’ for assistance for Pakistan may be made 

17 available only to support counterterrorism and 

18 counterinsurgency capabilities in Pakistan. 

19 (B) Funds appropriated by this Act under 

20 the headings ‘‘Economic Support Fund’’ and 

21 ‘‘Nonproliferation, Anti-terrorism, Demining 

22 and Related Programs’’ that are available for 

23 assistance for Pakistan shall be made available 

24 to interdict precursor materials from Pakistan 

25 to Afghanistan that are used to manufacture 


emcdonald on DSK67QTVN1PROD with BILLS
586 

•S 2130 PCS

1 IEDs, including calcium ammonium nitrate; to 

2 support programs to train border and customs 

3 officials in Pakistan and Afghanistan; and for 

4 agricultural extension programs that encourage 

5 alternative fertilizer use among Pakistani farm6 ers. 

7 (C) Funds appropriated by this Act under 

8 the heading ‘‘Economic Support Fund’’ that are 

9 made available for assistance for infrastructure 

10 projects in Pakistan shall be implemented in a 

11 manner consistent with section 507(6) of the 

12 Trade Act of 1974 (19 U.S.C. 2467(6)). 

13 (D) Funds appropriated by this Act under 

14 titles III and IV for assistance for Pakistan 

15 may be made available notwithstanding any 

16 other provision of law, except for this sub17 section and section 620M of the Foreign Assist18 ance Act of 1961. 

19 (E) Of the funds appropriated under titles 

20 III and IV of this Act that are made available 

21 for assistance for Pakistan, $33,000,000 shall 

22 be withheld from obligation until the Secretary 

23 of State reports to the Committees on Appro24 priations that Dr. Shakil Afridi has been re25 leased from prison and cleared of all charges reVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00586 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
587 

•S 2130 PCS

1 lating to the assistance provided to the United 

2 States in locating Osama bin Laden. 

3 (4) SCHOLARSHIPS FOR WOMEN.—Funds ap4 propriated by this Act under the heading ‘‘Economic 

5 Support Fund’’ that are made available for assist6 ance for Pakistan shall be made available to increase 

7 the number of scholarships for women under the 

8 Merit and Needs-Based Scholarship Program during 

9 fiscal year 2016: Provided, That not less than 50 

10 percent of the scholarships available under such Pro11 gram should be awarded to Pakistani women. 

12 (5) REPORTS.— 

13 (A)(i) The spend plan required by section 

14 7076 of this Act for assistance for Pakistan 

15 shall include achievable and sustainable goals, 

16 benchmarks for measuring progress, and ex17 pected results regarding combating poverty and 

18 furthering development in Pakistan, countering 

19 extremism, and establishing conditions condu20 cive to the rule of law and transparent and ac21 countable governance: Provided, That such 

22 benchmarks may incorporate those required in 

23 title III of the Enhanced Partnership with 

24 Pakistan Act of 2009 (22 U.S.C. 8441 et seq.), 

25 as appropriate: Provided further, That not later 


emcdonald on DSK67QTVN1PROD with BILLS
588 

•S 2130 PCS

1 than 6 months after submission of such spend 

2 plan, and each 6 months thereafter until Sep3 tember 30, 2017, the Secretary of State shall 

4 submit a report to the Committees on Appro5 priations on the status of achieving the goals 

6 and benchmarks in such plan. 

7 (ii) The Secretary of State should suspend 

8 assistance for the Government of Pakistan if 

9 any report required by clause (i) indicates that 

10 Pakistan is failing to make measurable progress 

11 in meeting such goals or benchmarks. 

12 (B) Not later than 90 days after enact13 ment of this Act, the Secretary of State shall 

14 submit a report to the Committees on Appro15 priations detailing the costs and objectives asso16 ciated with significant infrastructure projects 

17 supported by the United States in Pakistan, 

18 and an assessment of the extent to which such 

19 projects achieve such objectives. 

20 (6) OVERSIGHT.—The Secretary of State shall 

21 take all practicable steps to ensure that mechanisms 

22 are in place for monitoring, oversight, and control of 

23 funds made available by this subsection for assist24 ance for Pakistan. 

25 (e) SRI LANKA.— 


emcdonald on DSK67QTVN1PROD with BILLS
589 

•S 2130 PCS

1 (1) BILATERAL ECONOMIC ASSISTANCE.—Of 

2 the funds appropriated by this Act under the head3 ings ‘‘Development Assistance’’ and ‘‘Economic Sup4 port Fund’’, not less than $40,417,000 shall be 

5 made available for assistance for Sri Lanka for de6 mocracy and economic development programs, par7 ticularly in areas recovering from ethnic and reli8 gious conflict: Provided, That such funds shall be 

9 made available for programs to assist in the identi10 fication and resolution of cases of missing persons. 

11 (2) CERTIFICATION.—Funds appropriated by 

12 this Act for assistance for the central Government of 

13 Sri Lanka may be made available only if the Sec14 retary of State certifies and reports to the Commit15 tees on Appropriations that the Government of Sri 

16 Lanka is— 

17 (A) addressing the underlying causes of 

18 conflict in Sri Lanka; and 

19 (B) increasing accountability and trans20 parency in governance. 

21 (3) INTERNATIONAL SECURITY ASSISTANCE.— 

22 None of the funds appropriated by this Act under 

23 the heading ‘‘Foreign Military Financing Program’’ 

24 may be made available for assistance for Sri Lanka: 

25 Provided, That funds appropriated by this Act under 


emcdonald on DSK67QTVN1PROD with BILLS
590 

•S 2130 PCS

1 the heading ‘‘International Military Education and 

2 Training’’ may only be made available for training 

3 related to international peacekeeping operations and 

4 expanded IMET: Provided further, That funds ap5 propriated by this Act under the heading ‘‘Peace6 keeping Operations’’ may only be made available for 

7 training related to international peacekeeping oper8 ations. 

9 (f) REGIONAL PROGRAMS.— 

10 (1) Funds appropriated by this Act under the 

11 heading ‘‘Economic Support Fund’’ for assistance 

12 for Afghanistan and Pakistan may be provided, not13 withstanding any other provision of law that re14 stricts assistance to foreign countries, for cross bor15 der stabilization and development programs between 

16 Afghanistan and Pakistan, or between either country 

17 and the Central Asian countries. 

18 (2) Funds appropriated by this Act under the 

19 headings ‘‘International Narcotics Control and Law 

20 Enforcement’’ and ‘‘Assistance for Europe, Eurasia 

21 and Central Asia’’ that are available for assistance 

22 for countries in South and Central Asia shall be 

23 made available to enhance the recruitment, reten24 tion, and professionalism of women in the judiciary, 

25 police, and other security forces, of which 


emcdonald on DSK67QTVN1PROD with BILLS
591 

•S 2130 PCS

1 $5,000,000 shall be made available for such pur2 poses in Pakistan. 

3 WESTERN HEMISPHERE

4 SEC. 7045. (a) SUPPORT FOR THE PLAN OF THE AL5 LIANCE FOR PROSPERITY IN THE NORTHERN TRIANGLE

6 OF CENTRAL AMERICA.— 

7 (1) ASSISTANCE.—Subject to the requirements 

8 of this subsection, funds appropriated by this Act 

9 shall be made available to support implementation of 

10 the Plan of the Alliance for Prosperity in the North11 ern Triangle of Central America (the Plan), estab12 lished by the governments of El Salvador, Guate13 mala, and Honduras in cooperation with the Inter14 American Bank, through the United States Strategy 

15 (the Strategy) for Engagement in Central America, 

16 only as follows— 

17 (A) up to $13,000,000 may be made avail18 able under the heading ‘‘Global Health Pro19 grams’’ for assistance for Guatemala; 

20 (B) up to $347,190,000 may be made 

21 available under the heading ‘‘Development As22 sistance’’, including for assistance for Nica23 ragua; 


emcdonald on DSK67QTVN1PROD with BILLS
592 

•S 2130 PCS

1 (C) up to $138,500,000 may be made 

2 available under the heading ‘‘Economic Support 

3 Fund; 

4 (D) up to $155,000,000 may be made 

5 available under the heading ‘‘International Nar6 cotics Control and Law Enforcement’’, includ7 ing for the Central America Regional Security 

8 Initiative; 

9 (E) up to $500,000 may be made available 

10 under the heading ‘‘Nonproliferation, Anti-ter11 rorism, Demining and Related Programs’’ for 

12 assistance for Panama; 

13 (F) up to $3,907,000 may be made avail14 able under the heading ‘‘International Military 

15 Education and Training’’, including for assist16 ance for Belize, Costa Rica, and Panama; 

17 (G) up to $15,225,000 may be made avail18 able under the heading ‘‘Foreign Military Fi19 nancing Program’’, including for assistance for 

20 Belize, Costa Rica, and Panama; and 

21 (H) up to $2,000,000 may be made avail22 able under the heading ‘‘Overseas Private In23 vestment Corporation’’ for regional programs. 

24 (2) PRE-OBLIGATION CONDITIONS.— 


emcdonald on DSK67QTVN1PROD with BILLS
593 

•S 2130 PCS

1 (A) Prior to the obligation of funds made 

2 available pursuant to subparagraph (1), the 

3 Secretary of State shall submit to the Commit4 tees on Appropriations a multi-year spend plan 

5 specifying the proposed uses of such funds in 

6 each country and the objectives, indicators, and 

7 a timeline to measure progress in implementing 

8 the Strategy, which shall include programs to 

9 empower local communities and civil society or10 ganizations (including indigenous and other 

11 marginalized groups) to address the causes of 

12 poverty and violence, and the amount made 

13 available from prior Acts making appropriations 

14 for the Department of State, foreign operations, 

15 and related programs for projects and activities 

16 related to the Strategy: Provided, That such 

17 spend plan shall also include a description of 

18 how such assistance will complement and lever19 age funds allocated by each government, the 

20 Inter-American Development Bank, and other 

21 donors to implement the Plan. 

22 (B) Prior to the obligation of 75 percent of 

23 such funds for assistance for the central gov24 ernments of El Salvador, Guatemala, and Hon25 duras, the Secretary shall certify and report to 


emcdonald on DSK67QTVN1PROD with BILLS
594 

•S 2130 PCS

1 the appropriate congressional committees that 

2 such government is taking effective steps to— 

3 (i) support transparency and combat 

4 corruption in coordination with relevant 

5 international entities, including reforming 

6 bank secrecy laws and strengthening anti7 money laundering laws, and with respect to 

8 the Government of Guatemala, such steps 

9 shall include the approval by the Congress 

10 of reforms to the Electoral and Political 

11 Parties Law proposed by the Supreme 

12 Electoral Tribunal, and the investigation 

13 and prosecution by the Public Ministry, 

14 the Supreme Court, and the Constitutional 

15 Court of government employees and high 

16 ranking political appointees credibly al17 leged to be involved in corruption; 

18 (ii) establish and implement specific 

19 institutional and legal reforms, policies, 

20 and programs addressing the causes of 

21 poverty, violence, and corruption in such 

22 country; 

23 (iii) create a professional, accountable 

24 civilian police force and end the role of the 

25 military in internal policing; 


emcdonald on DSK67QTVN1PROD with BILLS
595 

•S 2130 PCS

1 (iv) protect the rights of political op2 position parties, journalists, trade union3 ists, and human rights defenders to oper4 ate without interference; 

5 (v) prosecute and punish in civilian 

6 courts members of security forces who vio7 late human rights; 

8 (vi) protect and promote democracy, 

9 including implementing reforms to protect 

10 the independence and improve the profes11 sionalism of the judiciary, and cooperating 

12 with the Inter-American Commission on 

13 Human Rights, the Inter-American Court 

14 on Human Rights, and international com15 missions against impunity, as appropriate; 

16 (vii) reform tax laws and enforce tax 

17 collection, strengthen customs agencies, 

18 and match, on at least a dollar-for-dollar 

19 basis, the amounts to be expended for the 

20 projects and activities funded by this Act 

21 in support of the Strategy; 

22 (viii) resolve commercial disputes in a 

23 timely manner, including the confiscation 

24 of real property, between United States enVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00595 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
596 

•S 2130 PCS

1 tities and the governments of such coun2 tries; 

3 (ix) establish an autonomous public 

4 accountable entity to oversee, manage, and 

5 implement the Plan, similar to manage6 ment entities established to support Millen7 nium Challenge Corporation Compacts; 

8 and 

9 (x) provide access to all available 

10 sources of energy, especially for individuals 

11 who lack affordable and reliable electricity. 

12 (C) Concurrent with the submission of the 

13 certification required in paragraph (B), the Sec14 retary of State shall certify and report to the 

15 appropriate congressional committees that rep16 resentatives of local communities and civil soci17 ety organizations (including indigenous and 

18 other marginalized groups) in the respective 

19 country are consulted in the design, and partici20 pate in the implementation and evaluation of, 

21 projects and activities in support of the Strat22 egy that affect them. 

23 (3) PERIODIC REVIEW AND SUSPENSION OF AS24 SISTANCE.—Not later than 120 days after enact25 ment of this Act, and every 120 days thereafter until 


emcdonald on DSK67QTVN1PROD with BILLS
597 

•S 2130 PCS

1 September 30, 2017, the Secretary of State shall re2 view the progress of such governments in meeting 

3 the objectives and indicators required in paragraph 

4 (2)(B) and shall submit to the appropriate congres5 sional committees a report assessing such progress: 

6 Provided, That if the Secretary of State is unable to 

7 determine that sufficient progress has been made in 

8 meeting the requirements of an objective or indi9 cator, the Secretary shall suspend assistance for pro10 grams supporting such objective or indicator, and 

11 shall notify such committees in writing of such ac12 tion: Provided further, That the Secretary may re13 sume funding for such programs only after the Sec14 retary certifies to such committees that corrective 

15 measures have been identified and implemented. 

16 (4) COMMERCIAL DISPUTES REPORT.—Not 

17 later than 90 days after enactment of this Act, the 

18 Secretary of State shall submit to the appropriate 

19 congressional committees a report detailing the eco20 nomic investment conditions in El Salvador, Guate21 mala, and Honduras, and an assessment of out22 standing commercial disputes, including the confis23 cation of real property, between United States enti24 ties and the governments of such countries. 


emcdonald on DSK67QTVN1PROD with BILLS
598 

•S 2130 PCS

1 (5) CHANGE OF GOVERNMENT.—The Secretary 

2 of State shall, following a change of government in 

3 El Salvador, Guatemala, or Honduras, certify and 

4 report to the appropriate congressional committees 

5 that any new government has committed to taking 

6 the effective steps enumerated in the pre-obligation 

7 requirements in paragraph (2): Provided, That if the 

8 Secretary is unable to make such a certification in 

9 a timely manner, assistance made available under 

10 this subsection shall be suspended until such time as 

11 the certification can be made. 

12 (6) PROGRAMS AND TRANSFER OF FUNDS.— 

13 (A) Of the funds appropriated by this Act 

14 under the heading ‘‘International Narcotics 

15 Control and Law Enforcement’’ for the Central 

16 America Regional Security Initiative, not less 

17 than $2,000,000 shall be made available, after 

18 consultation with the Committees on Appropria19 tions, for a United States contribution to an 

20 international commission against impunity in 

21 Honduras, if such a commission is established. 

22 (B) The Department of State and the 

23 United States Agency for International Devel24 opment (USAID) may, following consultation 

25 with the appropriate congressional committees, 


emcdonald on DSK67QTVN1PROD with BILLS
599 

•S 2130 PCS

1 transfer funds made available by this Act under 

2 the heading ‘‘Development Assistance’’ to the 

3 Inter-American Development Bank and the 

4 Inter-American Foundation for technical and 

5 other assistance in support of programs carried 

6 out in El Salvador, Guatemala, and Honduras 

7 under the Plan. 

8 (b) COLOMBIA.— 

9 (1) Funds appropriated by this Act and made 

10 available to the Department of State for assistance 

11 for the Government of Colombia may be used to sup12 port a unified campaign against narcotics traf13 ficking, organizations designated as Foreign Ter14 rorist Organizations, and other criminal or illegal 

15 armed groups, and to take actions to protect human 

16 health and welfare in emergency circumstances, in17 cluding undertaking rescue operations: Provided, 

18 That the first through fifth provisos of paragraph 

19 (1), and paragraph (3) of section 7045(a) of the De20 partment of State, Foreign Operations, and Related 

21 Programs Appropriations Act, 2012 (division I of 

22 Public Law 112–74) shall continue in effect during 

23 fiscal year 2016 and shall apply to funds appro24 priated by this Act and made available for assistance 

25 for Colombia as if included in this Act: Provided furVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00599 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
600 

•S 2130 PCS

1 ther, That of the funds appropriated by this Act 

2 under the heading ‘‘Economic Support Fund’’, not 

3 less than $133,000,000 shall be apportioned directly 

4 to USAID. 

5 (2)(A) Of the funds appropriated by this Act 

6 under the heading ‘‘Foreign Military Financing Pro7 gram’’ for assistance for Colombia, 19 percent shall 

8 be withheld from obligation unless the Secretary of 

9 State certifies and reports to the Committees on Ap10 propriations that— 

11 (i) cases involving members of the Colom12 bian military who have been credibly alleged to 

13 have violated human rights, including through 

14 command responsibility, are subject only to ci15 vilian jurisdiction, and that the Colombian mili16 tary is cooperating with civilian authorities in 

17 such cases, and no such military officers hold 

18 senior positions in the chain of command; 

19 (ii) the Government of Colombia is uphold20 ing its international obligations by prosecuting 

21 persons responsible for crimes against human22 ity, war crimes, and other gross violations of 

23 human rights, and is not offering amnesty to 

24 such persons; and 


emcdonald on DSK67QTVN1PROD with BILLS
601 

•S 2130 PCS

1 (iii) the Government of Colombia is dis2 mantling illegal armed groups; taking effective 

3 steps to protect the rights of human rights de4 fenders, journalists, trade unionists, and other 

5 social activists; and respecting the rights and 

6 territory of indigenous and Afro-Colombian 

7 communities. 

8 (B) The limitations of this paragraph shall not 

9 apply to funds made available under such heading 

10 for aviation instruction and maintenance, and mari11 time security programs. 

12 (3) The Secretary of State shall consult with 

13 the appropriation congressional committees on the 

14 uses of assistance for Colombia made available by 

15 this Act under such heading for programs that sup16 port and further peace talks. 

17 (c) CUBA.— 

18 (1) DEMOCRACY PROGRAMS AND TRANSFER AU19 THORITY.—Of the funds appropriated by this Act 

20 under the heading ‘‘Economic Support Fund’’, 

21 $15,000,000 shall be made available for democracy 

22 programs for Cuba: Provided, That a portion of such 

23 funds may be transferred to, and merged with, funds 

24 made available by this Act under the heading ‘‘Na25 tional Endowment for Democracy’’, following conVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00601 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
602 

•S 2130 PCS

1 sultation with the appropriate congressional commit2 tees. 

3 (2) PRIVATE ENTREPRENEUR PROGRAMS AND

4 LIMITATION.—Of the funds appropriated by this Act 

5 under the heading ‘‘Economic Support Fund’’, 

6 $5,000,000 shall be made available for programs to 

7 support private Cuban entrepreneurs, notwith8 standing any other provision of law, except that no 

9 such assistance may be provided for the Government 

10 of Cuba: Provided, That such funds shall be made 

11 available following consultation with the appropriate 

12 congressional committees. 

13 (d) HAITI.— 

14 (1) FUNDING.—Of the funds appropriated by 

15 this Act, not more than $181,413,000 may be made 

16 available for assistance for Haiti, as follows— 

17 (A) up to $129,213,000 under the heading 

18 ‘‘Global Health Programs’’; 

19 (B) up to $45,000,000 under the heading 

20 ‘‘Economic Support Fund’’; 

21 (C) up to $6,000,000 under the heading 

22 ‘‘International Narcotics Control and Law En23 forcement’’; and 

24 (D) up to $1,200,000 under the heading 

25 ‘‘Foreign Military Financing Program’’. 


emcdonald on DSK67QTVN1PROD with BILLS
603 

•S 2130 PCS

1 (2) GOVERNANCE CERTIFICATION.—Funds 

2 made available in paragraph (1) may not be made 

3 available for the central Government of Haiti unless 

4 the Secretary of State certifies and reports to the 

5 Committees on Appropriations that the Government 

6 of Haiti is— 

7 (A) holding free and fair parliamentary 

8 elections and taking effective steps to seat a 

9 new Haitian Parliament; 

10 (B) strengthening the rule of law in Haiti, 

11 including by selecting judges in a transparent 

12 manner; respecting the independence of the ju13 diciary; and improving governance through im14 plementation of reforms to increase trans15 parency and accountability; 

16 (C) combating corruption, including by im17 plementing the anti-corruption law enacted in 

18 2014 and prosecuting corrupt officials; and 

19 (D) increasing government revenues, in20 cluding by implementing tax reforms and 

21 through credible tax collection efforts, and in22 creasing expenditures on health care. 

23 (3) SECURITY CERTIFICATION.—Prior to the 

24 initial obligation of funds made available in para25 graph (1) under the headings ‘‘International NarVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00603 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
604 

•S 2130 PCS

1 cotics Control and Law Enforcement’’ and ‘‘Foreign 

2 Military Financing Program’’, the Secretary of State 

3 shall certify and report to the Committees on Appro4 priations that the Haitian National Police and other 

5 intended recipients of such funds that are part of 

6 the Government of Haiti are not controlled by, or 

7 otherwise under the influence of, any private organi8 zation or individual. 

9 (4) HAITIAN COAST GUARD.—The Government 

10 of Haiti shall be eligible to purchase defense articles 

11 and services under the Arms Export Control Act (22 

12 U.S.C. 2751 et seq.) for the Coast Guard. 

13 (e) AIRCRAFT OPERATIONS AND MAINTENANCE.—To 

14 the maximum extent practicable, the costs of operations 

15 and maintenance, including fuel, of aircraft funded by this 

16 Act should be borne by the recipient country. 

17 PROHIBITION OF PAYMENTS TO UNITED NATIONS

18 MEMBERS

19 SEC. 7046. None of the funds appropriated or made 

20 available pursuant to titles III through VI of this Act for 

21 carrying out the Foreign Assistance Act of 1961, may be 

22 used to pay in whole or in part any assessments, arrear23 ages, or dues of any member of the United Nations or, 

24 from funds appropriated by this Act to carry out chapter 

25 1 of part I of the Foreign Assistance Act of 1961, the 


emcdonald on DSK67QTVN1PROD with BILLS
605 

•S 2130 PCS

1 costs for participation of another country’s delegation at 

2 international conferences held under the auspices of multi3 lateral or international organizations. 

4 WAR CRIMES TRIBUNALS

5 SEC. 7047. (a) If the President determines that doing 

6 so will contribute to a just resolution of charges regarding 

7 genocide or other violations of international humanitarian 

8 law, the President may direct a drawdown pursuant to sec9 tion 552(c) of the Foreign Assistance Act of 1961 of up 

10 to $30,000,000 of commodities and services for the United 

11 Nations War Crimes Tribunal established with regard to 

12 the former Yugoslavia by the United Nations Security 

13 Council or such other tribunals or commissions as the 

14 Council may establish or authorize to deal with such viola15 tions, without regard to the ceiling limitation contained 

16 in paragraph (2) thereof: Provided, That the determina17 tion required under this section shall be in lieu of any de18 terminations otherwise required under section 552(c): Pro19 vided further, That funds made available pursuant to this 

20 section shall be made available subject to the regular noti21 fication procedures of the Committees on Appropriations. 

22 (b) Notwithstanding any other provision of law, funds 

23 appropriated by this Act may be made available for train24 ing, technical assistance, support for victims, law enforce25 ment activity and cooperation, witness protection, and proVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00605 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
606 

•S 2130 PCS

1 fessional services in support of international judicial inves2 tigations, apprehensions, prosecutions, and adjudications 

3 of genocide, crimes against humanity, and war crimes con4 sistent with section 2015 of the American 

5 Servicemembers’ Protection Act, 2002, as amended: Pro6 vided, That this subsection shall not apply to nationals 

7 of the North Atlantic Treaty Organization (NATO) and 

8 major non-NATO allies initially designated pursuant to 

9 section 517(b) of the Foreign Assistance Act of 1961. 

10 UNITED NATIONS

11 SEC. 7048. (a) TRANSPARENCY AND ACCOUNT12 ABILITY.— 

13 (1) Of the funds appropriated under title I and 

14 under the heading ‘‘International Organizations and 

15 Programs’’ in title V of this Act that are available 

16 for contributions to the United Nations (including 

17 the Department of Peacekeeping Operations), any 

18 United Nations agency, or the Organization of 

19 American States, 15 percent may not be obligated 

20 for such organization, department, or agency until 

21 the Secretary of State reports to the Committees on 

22 Appropriations that the organization, department, or 

23 agency is— 

24 (A) posting on a publicly available Web 

25 site, consistent with privacy regulations and due 


emcdonald on DSK67QTVN1PROD with BILLS
607 

•S 2130 PCS

1 process, regular financial and programmatic au2 dits of such organization, department, or agen3 cy, and providing the United States Govern4 ment with necessary access to such financial 

5 and performance audits; and 

6 (B) effectively implementing and enforcing 

7 policies and procedures which reflect best prac8 tices for the protection of whistleblowers from 

9 retaliation, including best practices for— 

10 (i) protection against retaliation for 

11 internal and lawful public disclosures; 

12 (ii) legal burdens of proof; 

13 (iii) statutes of limitation for report14 ing retaliation; 

15 (iv) access to independent adjudicative 

16 bodies, including external arbitration; and 

17 (v) results that eliminate the effects of 

18 proven retaliation. 

19 (2) The restrictions imposed by or pursuant to 

20 paragraph (1) may be waived on a case-by-case basis 

21 if the Secretary of State determines and reports to 

22 the Committees on Appropriations that such waiver 

23 is necessary to avert or respond to a humanitarian 

24 crisis. 


emcdonald on DSK67QTVN1PROD with BILLS
608 

•S 2130 PCS

1 (b) RESTRICTIONS ON UNITED NATIONS DELEGA2 TIONS AND ORGANIZATIONS.— 

3 (1) None of the funds made available under 

4 title I of this Act may be used to pay expenses for 

5 any United States delegation to any specialized 

6 agency, body, or commission of the United Nations 

7 if such agency, body, or commission is chaired or 

8 presided over by a country, the government of which 

9 the Secretary of State has determined, for purposes 

10 of section 6(j)(1) of the Export Administration Act 

11 of 1979 as continued in effect pursuant to the Inter12 national Emergency Economic Powers Act (50 

13 U.S.C. App. 2405(j)(1)), supports international ter14 rorism. 

15 (2) None of the funds made available under 

16 title I of this Act may be used by the Secretary of 

17 State as a contribution to any organization, agency, 

18 commission, or program within the United Nations 

19 system if such organization, agency, commission, or 

20 program is chaired or presided over by a country the 

21 government of which the Secretary of State has de22 termined, for purposes of section 620A of the For23 eign Assistance Act of 1961, section 40 of the Arms 

24 Export Control Act, section 6(j)(1) of the Export 

25 Administration Act of 1979, or any other provision 


emcdonald on DSK67QTVN1PROD with BILLS
609 

•S 2130 PCS

1 of law, is a government that has repeatedly provided 

2 support for acts of international terrorism. 

3 (3) The Secretary of State may waive the re4 striction in this subsection if the Secretary reports 

5 to the Committees on Appropriations that to do so 

6 is in the national interest of the United States. 

7 (c) UNITED NATIONS HUMAN RIGHTS COUNCIL.— 

8 Funds appropriated by this Act may be made available 

9 to support the United Nations Human Rights Council only 

10 if the Secretary of State determines and reports to the 

11 Committees on Appropriations that participation in the 

12 Council is in the national interest of the United States 

13 and that the Council is taking credible steps to remove 

14 Israel as a permanent agenda item: Provided, That such 

15 report shall include a description of the national interest 

16 served and a description of steps taken to remove Israel 

17 as a permanent agenda item: Provided further, That the 

18 Secretary of State shall report to the Committees on Ap19 propriations not later than September 30, 2016, on the 

20 resolutions considered in the United Nations Human 

21 Rights Council during the previous 12 months, and on 

22 steps taken to remove Israel as a permanent agenda item. 

23 (d) UNITED NATIONS RELIEF AND WORKS AGEN24 CY.—The Secretary of State shall submit a report in writ25 ing to the Committees on Appropriations not less than 45 


emcdonald on DSK67QTVN1PROD with BILLS
610 

•S 2130 PCS

1 days after enactment of this Act on whether the United 

2 Nations Relief and Works Agency (UNRWA) is— 

3 (1) utilizing Operations Support Officers in the 

4 West Bank, Gaza, and other fields of operation to 

5 inspect UNRWA installations and reporting any in6 appropriate use; 

7 (2) acting promptly to address any staff or ben8 eficiary violation of its own policies (including the 

9 policies on neutrality and impartiality of employees) 

10 and the legal requirements under section 301(c) of 

11 the Foreign Assistance Act of 1961; 

12 (3) implementing procedures to maintain the 

13 neutrality of its facilities, including implementing a 

14 no-weapons policy, and conducting regular inspec15 tions of its installations, to ensure they are only 

16 used for humanitarian or other appropriate pur17 poses; 

18 (4) taking necessary and appropriate measures 

19 to ensure it is operating in compliance with the con20 ditions of section 301(c) of the Foreign Assistance 

21 Act of 1961 and continuing regular reporting to the 

22 Department of State on actions it has taken to en23 sure conformance with such conditions; 

24 (5) taking steps to ensure the content of all 

25 educational materials currently taught in UNRWAVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00610 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
611 

•S 2130 PCS

1 administered schools and summer camps is con2 sistent with the values of human rights, dignity, and 

3 tolerance and does not induce incitement; 

4 (6) not engaging in operations with financial in5 stitutions or related entities in violation of relevant 

6 United States law, and is taking steps to improve 

7 the financial transparency of the organization; and 

8 (7) in compliance with the United Nations 

9 Board of Auditors’ biennial audit requirements and 

10 is implementing in a timely fashion the Board’s rec11 ommendations. 

12 (e) UNITED NATIONS CAPITAL MASTER PLAN.— 

13 None of the funds made available in this Act may be used 

14 for the design, renovation, or construction of the United 

15 Nations Headquarters in New York. 

16 (f) WITHHOLDING REPORT.—Not later than 45 days 

17 after enactment of this Act, the Secretary of State shall 

18 submit a report to the Committees on Appropriations de19 tailing the amount of funds available for obligation or ex20 penditure in fiscal year 2016 for contributions to any or21 ganization, department, agency, or program within the 

22 United Nations system or any international program that 

23 are withheld from obligation or expenditure due to any 

24 provision of law: Provided, That the Secretary of State 

25 shall update such report each time additional funds are 


emcdonald on DSK67QTVN1PROD with BILLS
612 

•S 2130 PCS

1 withheld by operation of any provision of law: Provided 

2 further, That the reprogramming of any withheld funds 

3 identified in such report, including updates thereof, shall 

4 be subject to prior consultation with, and the regular noti5 fication procedures of, the Committees on Appropriations. 

6 COMMUNITY-BASED POLICE ASSISTANCE

7 SEC. 7049. (a) AUTHORITY.—Funds made available 

8 by titles III and IV of this Act to carry out the provisions 

9 of chapter 1 of part I and chapters 4 and 6 of part II 

10 of the Foreign Assistance Act of 1961, may be used, not11 withstanding section 660 of that Act, to enhance the effec12 tiveness and accountability of civilian police authority 

13 through training and technical assistance in human rights, 

14 the rule of law, anti-corruption, strategic planning, and 

15 through assistance to foster civilian police roles that sup16 port democratic governance, including assistance for pro17 grams to prevent conflict, respond to disasters, address 

18 gender-based violence, and foster improved police relations 

19 with the communities they serve. 

20 (b) NOTIFICATION.—Assistance provided under sub21 section (a) shall be subject to the regular notification pro22 cedures of the Committees on Appropriations. 

23 PROHIBITION ON PROMOTION OF TOBACCO

24 SEC. 7050. None of the funds provided by this Act 

25 shall be available to promote the sale or export of tobacco 


emcdonald on DSK67QTVN1PROD with BILLS
613 

•S 2130 PCS

1 or tobacco products, or to seek the reduction or removal 

2 by any foreign country of restrictions on the marketing 

3 of tobacco or tobacco products, except for restrictions 

4 which are not applied equally to all tobacco or tobacco 

5 products of the same type. 

6 INTERNATIONAL CONFERENCES

7 SEC. 7051. None of the funds made available in this 

8 Act may be used to send or otherwise pay for the attend9 ance of more than 50 employees of agencies or depart10 ments of the United States Government who are stationed 

11 in the United States, at any single international con12 ference occurring outside the United States, unless the 

13 Secretary of State reports to the Committees on Appro14 priations at least 5 days in advance that such attendance 

15 is important to the national interest: Provided, That for 

16 purposes of this section the term ‘‘international con17 ference’’ shall mean a conference attended by representa18 tives of the United States Government and of foreign gov19 ernments, international organizations, or nongovern20 mental organizations. 

21 AIRCRAFT TRANSFER AND COORDINATION

22 SEC. 7052. (a) TRANSFER AUTHORITY.—Notwith23 standing any other provision of law or regulation, aircraft 

24 procured with funds appropriated by this Act and prior 

25 Acts making appropriations for the Department of State, 


emcdonald on DSK67QTVN1PROD with BILLS
614 

•S 2130 PCS

1 foreign operations, and related programs under the head2 ings ‘‘Diplomatic and Consular Programs’’, ‘‘International 

3 Narcotics Control and Law Enforcement’’, ‘‘Andean 

4 Counterdrug Initiative’’, and ‘‘Andean Counterdrug Pro5 grams’’ may be used for any other program and in any 

6 region, including for the transportation of active and 

7 standby Civilian Response Corps personnel and equipment 

8 during a deployment: Provided, That the responsibility for 

9 policy decisions and justification for the use of such trans10 fer authority shall be the responsibility of the Secretary 

11 of State and the Deputy Secretary of State and this re12 sponsibility shall not be delegated. 

13 (b) PROPERTY DISPOSAL.—The authority provided 

14 in subsection (a) shall apply only after the Secretary of 

15 State determines and reports to the Committees on Appro16 priations that the equipment is no longer required to meet 

17 programmatic purposes in the designated country or re18 gion: Provided, That any such transfer shall be subject 

19 to prior consultation with, and the regular notification 

20 procedures of, the Committees on Appropriations. 

21 (c) AIRCRAFT COORDINATION.— 

22 (1) The uses of aircraft purchased or leased by 

23 the Department of State and the United States 

24 Agency for International Development (USAID) 

25 with funds made available in this Act or prior Acts 


emcdonald on DSK67QTVN1PROD with BILLS
615 

•S 2130 PCS

1 making appropriations for the Department of State, 

2 foreign operations, and related programs shall be co3 ordinated under the authority of the appropriate 

4 Chief of Mission: Provided, That such aircraft may 

5 be used to transport, on a reimbursable or non-reim6 bursable basis, Federal and non-Federal personnel 

7 supporting Department of State and USAID pro8 grams and activities: Provided further, That official 

9 travel for other agencies for other purposes may be 

10 supported on a reimbursable basis, or without reim11 bursement when traveling on a space available basis: 

12 Provided further, That funds received by the Depart13 ment of State for the use of aircraft owned, leased, 

14 or chartered by the Department of State may be 

15 credited to the Department Working Capital Fund 

16 and shall be available for expenses related to the 

17 purchase, lease, maintenance, chartering, or oper18 ation of such aircraft. 

19 (2) The requirement and authorities of this 

20 subsection shall only apply to aircraft, the primary 

21 purpose of which is the transportation of personnel. 

22 PARKING FINES AND REAL PROPERTY TAXES OWED BY

23 FOREIGN GOVERNMENTS

24 SEC. 7053. The terms and conditions of section 7055 

25 of the Department of State, Foreign Operations, and ReVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00615 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
616 

•S 2130 PCS

1 lated Programs Appropriations Act, 2011 (division F of 

2 Public Law 111–117) shall apply to this Act: Provided, 

3 That the date ‘‘September 30, 2009’’ in subsection 

4 (f)(2)(B) of such section shall be deemed to be ‘‘Sep5 tember 30, 2015’’. 

6 LANDMINES AND CLUSTER MUNITIONS

7 SEC. 7054. (a) LANDMINES.—Notwithstanding any 

8 other provision of law, demining equipment available to 

9 the United States Agency for International Development 

10 and the Department of State and used in support of the 

11 clearance of landmines and unexploded ordnance for hu12 manitarian purposes may be disposed of on a grant basis 

13 in foreign countries, subject to such terms and conditions 

14 as the Secretary of State may prescribe. 

15 (b) CLUSTER MUNITIONS.—No military assistance 

16 shall be furnished for cluster munitions, no defense export 

17 license for cluster munitions may be issued, and no cluster 

18 munitions or cluster munitions technology shall be sold or 

19 transferred, unless— 

20 (1) the submunitions of the cluster munitions, 

21 after arming, do not result in more than 1 percent 

22 unexploded ordnance across the range of intended 

23 operational environments, and the agreement appli24 cable to the assistance, transfer, or sale of such clus25 ter munitions or cluster munitions technology speciVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00616 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
617 

•S 2130 PCS

1 fies that the cluster munitions will only be used 

2 against clearly defined military targets and will not 

3 be used where civilians are known to be present or 

4 in areas normally inhabited by civilians; or 

5 (2) such assistance, license, sale, or transfer is 

6 for the purpose of demilitarizing or permanently dis7 posing of such cluster munitions. 

8 PROHIBITION ON PUBLICITY OR PROPAGANDA

9 SEC. 7055. No part of any appropriation contained 

10 in this Act shall be used for publicity or propaganda pur11 poses within the United States not authorized before the 

12 date of the enactment of this Act by Congress: Provided, 

13 That not to exceed $25,000 may be made available to 

14 carry out the provisions of section 316 of the International 

15 Security and Development Cooperation Act of 1980 (Pub16 lic Law 96–533). 

17 CONSULAR IMMUNITY

18 SEC. 7056. The Secretary of State, in consultation 

19 with the Attorney General, may, on the basis of reciprocity 

20 and under such terms and conditions as the Secretary may 

21 determine, specify privileges and immunities for a consular 

22 post, the members of a consular post and their families 

23 which result in more favorable or less favorable treatment 

24 than is provided in the Vienna Convention on Consular 


emcdonald on DSK67QTVN1PROD with BILLS
618 

•S 2130 PCS

1 Relations, of April 24, 1963 (T.I.A.S. 6820), entered into 

2 force for the United States December 24, 1969. 

3 UNITED STATES AGENCY FOR INTERNATIONAL

4 DEVELOPMENT MANAGEMENT

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 7057. (a) AUTHORITY.—Up to $93,000,000 of 

7 the funds made available in title III of this Act pursuant 

8 to or to carry out the provisions of part I of the Foreign 

9 Assistance Act of 1961, including funds appropriated 

10 under the heading ‘‘Assistance for Europe, Eurasia and 

11 Central Asia’’, may be used by the United States Agency 

12 for International Development (USAID) to hire and em13 ploy individuals in the United States and overseas on a 

14 limited appointment basis pursuant to the authority of 

15 sections 308 and 309 of the Foreign Service Act of 1980. 

16 (b) RESTRICTIONS.— 

17 (1) The number of individuals hired in any fis18 cal year pursuant to the authority contained in sub19 section (a) may not exceed 175. 

20 (2) The authority to hire individuals contained 

21 in subsection (a) shall expire on September 30, 

22 2017. 

23 (c) CONDITIONS.—The authority of subsection (a) 

24 should only be used to the extent that an equivalent num25 ber of positions that are filled by personal services contracVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00618 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
619 

•S 2130 PCS

1 tors or other non-direct hire employees of USAID, who 

2 are compensated with funds appropriated to carry out part 

3 I of the Foreign Assistance Act of 1961, including funds 

4 appropriated under the heading ‘‘Assistance for Europe, 

5 Eurasia and Central Asia’’, are eliminated. 

6 (d) PROGRAM ACCOUNT CHARGED.—The account 

7 charged for the cost of an individual hired and employed 

8 under the authority of this section shall be the account 

9 to which the responsibilities of such individual primarily 

10 relate: Provided, That funds made available to carry out 

11 this section may be transferred to, and merged with, funds 

12 appropriated by this Act in title II under the heading ‘‘Op13 erating Expenses’’. 

14 (e) FOREIGN SERVICE LIMITED EXTENSIONS.—Indi15 viduals hired and employed by USAID, with funds made 

16 available in this Act or prior Acts making appropriations 

17 for the Department of State, foreign operations, and re18 lated programs, pursuant to the authority of section 309 

19 of the Foreign Service Act of 1980, may be extended for 

20 a period of up to 4 years notwithstanding the limitation 

21 set forth in such section. 

22 (f) DISASTER SURGE CAPACITY.—Funds appro23 priated under title III of this Act to carry out part I of 

24 the Foreign Assistance Act of 1961, including funds ap25 propriated under the heading ‘‘Assistance for Europe, 


emcdonald on DSK67QTVN1PROD with BILLS
620 

•S 2130 PCS

1 Eurasia and Central Asia’’, may be used, in addition to 

2 funds otherwise available for such purposes, for the cost 

3 (including the support costs) of individuals detailed to or 

4 employed by USAID whose primary responsibility is to 

5 carry out programs in response to natural disasters, or 

6 man-made disasters subject to the regular notification 

7 procedures of the Committees on Appropriations. 

8 (g) PERSONAL SERVICES CONTRACTORS.—Funds ap9 propriated by this Act to carry out chapter 1 of part I, 

10 chapter 4 of part II, and section 667 of the Foreign As11 sistance Act of 1961, and title II of the Food for Peace 

12 Act (Public Law 83–480), may be used by USAID to em13 ploy up to 40 personal services contractors in the United 

14 States, notwithstanding any other provision of law, for the 

15 purpose of providing direct, interim support for new or 

16 expanded overseas programs and activities managed by 

17 the agency until permanent direct hire personnel are hired 

18 and trained: Provided, That not more than 15 of such con19 tractors shall be assigned to any bureau or office: Provided 

20 further, That such funds appropriated to carry out title 

21 II of the Food for Peace Act (Public Law 83–480), may 

22 be made available only for personal services contractors 

23 assigned to the Office of Food for Peace. 

24 (h) SMALL BUSINESS.—In entering into multiple 

25 award indefinite-quantity contracts with funds approVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00620 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
621 

•S 2130 PCS

1 priated by this Act, USAID may provide an exception to 

2 the fair opportunity process for placing task orders under 

3 such contracts when the order is placed with any category 

4 of small or small disadvantaged business. 

5 (i) SENIOR FOREIGN SERVICE LIMITED APPOINT6 MENTS.—Individuals hired pursuant to the authority pro7 vided by section 7059(o) of the Department of State, For8 eign Operations, and Related Programs Appropriations 

9 Act, 2011 (division F of Public Law 111–117) may be 

10 assigned to or support programs in Afghanistan or Paki11 stan with funds made available in this Act and prior Acts 

12 making appropriations for the Department of State, for13 eign operations, and related programs. 

14 GLOBAL HEALTH ACTIVITIES

15 SEC. 7058. (a) IN GENERAL.—Funds appropriated 

16 by titles III and IV of this Act that are made available 

17 for bilateral assistance for child survival activities or dis18 ease programs including activities relating to research on, 

19 and the prevention, treatment and control of, HIV/AIDS 

20 may be made available notwithstanding any other provi21 sion of law except for provisions under the heading ‘‘Glob22 al Health Programs’’ and the United States Leadership 

23 Against HIV/AIDS, Tuberculosis, and Malaria Act of 

24 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amend25 ed: Provided, That of the funds appropriated under title 


emcdonald on DSK67QTVN1PROD with BILLS
622 

•S 2130 PCS

1 III of this Act, not less than $577,600,000 shall be made 

2 available for family planning/reproductive health, includ3 ing in areas where population growth threatens biodiver4 sity or endangered species. 

5 (b) GLOBAL FUND.—Of the funds appropriated by 

6 this Act that are available for a contribution to the Global 

7 Fund to Fight AIDS, Tuberculosis and Malaria (Global 

8 Fund), 10 percent should be withheld from obligation until 

9 the Secretary of State determines and reports to the Com10 mittees on Appropriations that the Global Fund is— 

11 (1) maintaining and implementing a policy of 

12 transparency, including the authority of the Global 

13 Fund Office of the Inspector General (OIG) to pub14 lish OIG reports on a public Web site; 

15 (2) providing sufficient resources to maintain 

16 an independent OIG that— 

17 (A) reports directly to the Board of the 

18 Global Fund; 

19 (B) maintains a mandate to conduct thor20 ough investigations and programmatic audits, 

21 free from undue interference; and 

22 (C) compiles regular, publicly published 

23 audits and investigations of financial, pro24 grammatic, and reporting aspects of the Global 


emcdonald on DSK67QTVN1PROD with BILLS
623 

•S 2130 PCS

1 Fund, its grantees, recipients, sub-recipients, 

2 and Local Fund Agents; 

3 (3) effectively implementing and enforcing poli4 cies and procedures which reflect best practices for 

5 the protection of whistleblowers for retaliation, in6 cluding best practices for— 

7 (A) protection against retaliation for inter8 nal and lawful public disclosures; 

9 (B) legal burdens of proof; 

10 (C) statutes of limitation for reporting re11 taliation; 

12 (D) access to independent adjudicative 

13 bodies, including external arbitration; and 

14 (E) results that eliminate the effects of 

15 proven retaliation; and 

16 (4) implementing the recommendations con17 tained in the Consolidated Transformation Plan ap18 proved by the Board of the Global Fund on Novem19 ber 21, 2011: 

20 Provided, That such withholding shall not be in addition 

21 to funds that are withheld from the Global Fund in fiscal 

22 year 2016 pursuant to the application of any other provi23 sion contained in this or any other Act. 

24 (c) CONTAGIOUS INFECTIOUS DISEASE OUT25 BREAKS.—If the Secretary of State determines and reVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00623 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
624 

•S 2130 PCS

1 ports to the Committees on Appropriations that an inter2 national infectious disease outbreak is sustained, severe, 

3 and is spreading internationally, or that it is in the na4 tional interest to respond to a Public Health Emergency 

5 of International Concern, funds made available under title 

6 III of this Act may be made available to combat such in7 fectious disease or public health emergency: Provided, 

8 That funds made available pursuant to the authority of 

9 this subsection shall be subject to prior consultation with, 

10 and the regular notification procedures of, the Committees 

11 on Appropriations. 

12 GENDER EQUALITY

13 SEC. 7059. (a) GENDER EQUALITY.—Funds appro14 priated by this Act shall be made available to promote gen15 der equality in United States Government diplomatic and 

16 development efforts by raising the status, increasing the 

17 participation, and protecting the rights of women and girls 

18 worldwide. 

19 (b) WOMEN’S LEADERSHIP.—Of the funds appro20 priated by title III of this Act, not less than $50,000,000 

21 shall be made available to increase leadership opportuni22 ties for women in countries where women and girls suffer 

23 discrimination due to law, policy, or practice, by strength24 ening protections for women’s political status, expanding 

25 women’s participation in political parties and elections, 


emcdonald on DSK67QTVN1PROD with BILLS
625 

•S 2130 PCS

1 and increasing women’s opportunities for leadership posi2 tions in the public and private sectors at the local, provin3 cial, and national levels. 

4 (c) GENDER-BASED VIOLENCE.— 

5 (1)(A) Of the funds appropriated by titles III 

6 and IV of this Act, not less than $150,000,000 shall 

7 be made available to implement a multi-year strat8 egy to prevent and respond to gender-based violence 

9 in countries where it is common in conflict and non10 conflict settings. 

11 (B) Funds appropriated by titles III and IV of 

12 this Act that are available to train foreign police, ju13 dicial, and military personnel, including for inter14 national peacekeeping operations, shall address, 

15 where appropriate, prevention and response to gen16 der-based violence and trafficking in persons, and 

17 shall promote the integration of women into the po18 lice and other security forces. 

19 (2) Department of State and United States 

20 Agency for International Development gender pro21 grams shall incorporate coordinated efforts to com22 bat a variety of forms of gender-based violence, in23 cluding child marriage, rape, female genital cutting 

24 and mutilation, and domestic violence, among other 


emcdonald on DSK67QTVN1PROD with BILLS
626 

•S 2130 PCS

1 forms of gender-based violence in conflict and non2 conflict settings. 

3 (d) WOMEN, PEACE, AND SECURITY.—Funds appro4 priated by this Act under the headings ‘‘Development As5 sistance’’, ‘‘Economic Support Fund’’, and ‘‘International 

6 Narcotics Control and Law Enforcement’’ shall be made 

7 available to support a multi-year strategy to expand, and 

8 improve coordination of, United States Government ef9 forts to empower women as equal partners in conflict pre10 vention, peace building, transitional processes, and recon11 struction efforts in countries affected by conflict or in po12 litical transition, and to ensure the equitable provision of 

13 relief and recovery assistance to women and girls. 

14 SECTOR ALLOCATIONS

15 SEC. 7060. (a) EDUCATION.— 

16 (1) BASIC EDUCATION.— 

17 (A) Funds appropriated by this Act that 

18 are made available for assistance for basic edu19 cation may only be made available for each 

20 country at a funding level for basic education 

21 that does not exceed that contained in the Con22 gressional Budget Justification, Foreign Oper23 ations, Summary Tables, Fiscal Year 2016: 

24 Provided, That such funds may only be used to 

25 implement the stated objectives of each Country 


emcdonald on DSK67QTVN1PROD with BILLS
627 

•S 2130 PCS

1 Development Cooperation Strategy or similar 

2 strategy: Provided further, That the Adminis3 trator of the United States Agency for Inter4 national Development (USAID), following con5 sultation with the Committees on Appropria6 tions, may reprogram funds between countries, 

7 except that no such reprogramming may result 

8 in an overall funding level for basic education 

9 exceeding the total amount justified for fiscal 

10 year 2016. 

11 (B) If the USAID Administrator deter12 mines that any unobligated balances of funds 

13 specifically designated for basic education in 

14 prior Acts making appropriations for foreign 

15 operations, export financing, and related pro16 grams are in excess of the absorptive capacity 

17 of recipient countries, such funds may be made 

18 available for other programs authorized under 

19 chapter 1 of part I of the Foreign Assistance 

20 Act of 1961, notwithstanding such funding des21 ignation: Provided, That the authority of this 

22 paragraph shall be subject to prior consultation 

23 with, and the regular notification procedures of, 

24 the Committees on Appropriations. 


emcdonald on DSK67QTVN1PROD with BILLS
628 

•S 2130 PCS

1 (2) HIGHER EDUCATION.—Of the funds appro2 priated by title III of this Act, not less than 

3 $225,000,000 shall be made available for assistance 

4 for higher education, of which not less than 

5 $35,000,000 should be to support new partnerships 

6 between higher education institutions in the United 

7 States and developing countries. 

8 (3) DEFINITION.—For purposes of funds ap9 propriated under title III of this Act, the term ‘‘de10 mocracy programs’’ in section 7032(c) of this Act 

11 shall also include programs to rescue scholars, and 

12 fellowships, scholarships, and exchanges in the Mid13 dle East and North Africa for academic profes14 sionals and university students from countries in 

15 such region, subject to the regular notification pro16 cedures of the Committees on Appropriations. 

17 (b) DEVELOPMENT ASSISTANCE.—Of the funds ap18 propriated by this Act under the heading ‘‘Development 

19 Assistance’’, not less than $26,000,000 shall be made 

20 available for the American Schools and Hospitals Abroad 

21 program, and not less than $12,000,000 shall be made 

22 available for cooperative development programs of the 

23 United States Agency for International Development 

24 (USAID). 

25 (c) ENVIRONMENT PROGRAMS.— 


emcdonald on DSK67QTVN1PROD with BILLS
629 

•S 2130 PCS

1 (1) AUTHORITIES.— 

2 (A) Notwithstanding any other provision of 

3 law, funds appropriated by this Act or prior 

4 Acts making appropriations for the Department 

5 of State, foreign operations, and related pro6 grams may be made available for the Green Cli7 mate Fund, including as a contribution: Pro8 vided, That any such funds made available for 

9 such purpose shall be subject to the regular no10 tification procedures of the Committees on Ap11 propriations. 

12 (B) Funds appropriated by this Act may 

13 be made available for United States contribu14 tions to the Clean Technology Fund and the 

15 Strategic Climate Fund. 

16 (C) Funds appropriated by this Act to 

17 carry out the provisions of section 103 to 106, 

18 and chapter 4 of part II, of the Foreign Assist19 ance Act of 1961 may be used to support envi20 ronment programs, notwithstanding any other 

21 provision of law except for the provisions of this 

22 subsection: Provided, That such funds are sub23 ject to the regular notification procedures of the 

24 Committees on Appropriations. 


emcdonald on DSK67QTVN1PROD with BILLS
630 

•S 2130 PCS

1 (2) CONSERVATION PROGRAMS AND LIMITA2 TION.— 

3 (A) Of the funds appropriated under title 

4 III of this Act, $250,000,000 shall be made 

5 available for biodiversity conservation programs. 

6 (B) Not less than $55,000,000 of the 

7 funds appropriated under title III and IV of 

8 this Act shall be made available to combat the 

9 transnational threat of wildlife poaching and 

10 trafficking: Provided, That none of the funds 

11 appropriated under title IV of this Act may be 

12 made available for training or other assistance 

13 for any military unit or personnel that the Sec14 retary of State determines has been credibly al15 leged to have participated in wildlife poaching 

16 or trafficking, unless the Secretary reports to 

17 the Committees on Appropriations that to do so 

18 is in the national security interest of the United 

19 States. 

20 (C) LIMITATION.—Funds appropriated by 

21 this Act for biodiversity programs shall not be 

22 used to support the expansion of industrial 

23 scale logging or any other industrial scale ex24 tractive activity into areas that were primary/ 

25 intact tropical forests as of December 30, 2013, 


emcdonald on DSK67QTVN1PROD with BILLS
631 

•S 2130 PCS

1 and the Secretary of the Treasury shall instruct 

2 the United States executive directors of each 

3 international financial institutions (IFI) to vote 

4 against any financing of any such activity. 

5 (3) LARGE DAMS.—The Secretary of the Treas6 ury shall instruct the United States executive direc7 tor of each IFI that it is the policy of the United 

8 States to vote in relation to any loan, grant, strat9 egy, or policy of such institution to support the con10 struction of any large dam consistent with the cri11 teria set forth in the report accompanying this Act, 

12 while also considering whether the project involves 

13 important foreign policy objectives. 

14 (4) SUSTAINABLE LANDSCAPES.—Of the funds 

15 appropriated under title III of this Act, 

16 $123,500,000 shall be made available for sustainable 

17 landscape programs. 

18 (d) FOOD SECURITY AND AGRICULTURAL DEVELOP19 MENT.— 

20 (1) Of the funds appropriated by title III of 

21 this Act, not less than $1,000,600,000 should be 

22 made available for food security and agricultural de23 velopment programs, of which $32,000,000 shall be 

24 made available for the Feed the Future Collabo25 rative Research Innovation Lab: Provided, That such 


emcdonald on DSK67QTVN1PROD with BILLS
632 

•S 2130 PCS

1 funds may be made available notwithstanding any 

2 other provision of law to prevent or address food 

3 shortages, and for a United States contribution to 

4 the endowment of the Global Crop Diversity Trust. 

5 (2) Funds appropriated under title III of this 

6 Act may be made available as a contribution to the 

7 Global Agriculture and Food Security Program if 

8 such contribution will not cause the United States to 

9 exceed 33 percent of the total amount of funds con10 tributed to such Program. 

11 (e) MICROENTERPRISE AND MICROFINANCE.—Of the 

12 funds appropriated by this Act, not less than 

13 $265,000,000 should be made available for microenter14 prise and microfinance development programs for the 

15 poor, especially women. 

16 (f) POWER AFRICA INITIATIVE.—Of the funds appro17 priated by this Act, $76,700,000 shall be made available 

18 for the Power Africa initiative, subject to the regular noti19 fication procedures of the Committees on Appropriations. 

20 (g) PROGRAMS TO COMBAT TRAFFICKING IN PER21 SONS AND END MODERN SLAVERY.— 

22 (1) TRAFFICKING IN PERSONS.—Of the funds 

23 appropriated by this Act under the headings ‘‘Devel24 opment Assistance’’, ‘‘Economic Support Fund’’, 

25 and ‘‘International Narcotics Control and Law EnVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00632 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
633 

•S 2130 PCS

1 forcement’’, not less than $52,500,000 shall be made 

2 available for activities to combat trafficking in per3 sons internationally. 

4 (2) END MODERN SLAVERY.—Of the funds ap5 propriated by this Act under the heading ‘‘Develop6 ment Assistance’’, in addition to funds made avail7 able pursuant to paragraph (1), $25,000,000, to re8 main available until expended, shall be made avail9 able on a competitive basis for a grant or grants to 

10 support innovative strategies, on a cost-matching 

11 basis, that reduce the prevalence of modern slavery 

12 in targeted populations within partner countries (or 

13 jurisdictions thereof) with a high prevalence of mod14 ern slavery: Provided, That for the purposes of this 

15 paragraph the terms ‘‘modern slavery’’ and ‘‘partner 

16 countries’’ shall have the same meaning as provided 

17 for in section 9 of the End Modern Slavery Initiative 

18 Act of 2015 (S. 553), as reported by the Senate 

19 Committee on Foreign Relations on February 26, 

20 2015: Provided further, That the requirements of 

21 section 7631(d) of title 22, United States Code, 

22 shall apply to such funds. 

23 (h) RECONCILIATION PROGRAMS.—Of the funds ap24 propriated by this Act under the headings ‘‘Economic 

25 Support Fund’’ and ‘‘Development Assistance’’, not less 


emcdonald on DSK67QTVN1PROD with BILLS
634 

•S 2130 PCS

1 than $26,000,000 shall be made available to support peo2 ple-to-people reconciliation programs which bring together 

3 individuals of different ethnic, religious, and political 

4 backgrounds from areas of civil strife and war: Provided, 

5 That the USAID Administrator shall consult with the 

6 Committees on Appropriations, prior to the initial obliga7 tion of funds, on the uses of such funds: Provided further, 

8 That to the maximum extent practicable, such funds shall 

9 be matched by sources other than the United States Gov10 ernment. 

11 (i) WATER AND SANITATION.—Of the funds appro12 priated by this Act, not less than $400,000,000 shall be 

13 made available for water supply and sanitation projects 

14 pursuant to the Senator Paul Simon Water for the Poor 

15 Act of 2005 (Public Law 109–121), of which not less than 

16 $145,000,000 should be for programs in sub-Saharan Af17 rica, and of which not less than $14,000,000 shall be 

18 made available for programs to design and build safe, pub19 lic latrines in Africa and Asia. 

20 (j) NOTIFICATION REQUIREMENTS.—Authorized de21 viations from funding levels contained in this section shall 

22 be subject to the regular notification procedures of the 

23 Committees on Appropriations. 


emcdonald on DSK67QTVN1PROD with BILLS
635 

•S 2130 PCS

1 OVERSEAS PRIVATE INVESTMENT CORPORATION

2 SEC. 7061. (a) TRANSFER.—Whenever the President 

3 determines that it is in furtherance of the purposes of the 

4 Foreign Assistance Act of 1961, up to a total of 

5 $20,000,000 of the funds appropriated under title III of 

6 this Act may be transferred to, and merged with, funds 

7 appropriated by this Act for the Overseas Private Invest8 ment Corporation Program Account, to be subject to the 

9 terms and conditions of that account: Provided, That such 

10 funds shall not be available for administrative expenses 

11 of the Overseas Private Investment Corporation: Provided 

12 further, That designated funding levels in this Act shall 

13 not be transferred pursuant to this section: Provided fur14 ther, That the exercise of such authority shall be subject 

15 to the regular notification procedures of the Committees 

16 on Appropriations. 

17 (b) AUTHORITY.—Notwithstanding section 235(a)(2) 

18 of the Foreign Assistance Act of 1961, the authority of 

19 subsections (a) through (c) of section 234 of such Act 

20 shall remain in effect until September 30, 2016. 

21 ARMS TRADE TREATY

22 SEC. 7062. None of the funds appropriated by this 

23 Act may be obligated or expended to implement the Arms 

24 Trade Treaty until the Senate approves a resolution of 

25 ratification for the Treaty. 


emcdonald on DSK67QTVN1PROD with BILLS
636 

•S 2130 PCS

1 INTERNATIONAL FAMILY PLANNING AND REPRODUCTIVE

2 HEALTH

3 SEC. 7063. (a) UNITED NATIONS POPULATION

4 FUND.— 

5 (1) CONTRIBUTION.—Of the amounts made 

6 available under the heading ‘‘International Organiza7 tions and Programs’’ in this Act for fiscal year 

8 2016, $35,000,000 shall be made available for the 

9 United Nations Population Fund (referred to in this 

10 section as ‘‘UNFPA’’). 

11 (2) AVAILABILITY OF FUNDS.—Amounts appro12 priated by this Act for UNFPA that are not made 

13 available for UNFPA because of the operation of 

14 any provision of law shall be transferred to the 

15 ‘‘Global Health Programs’’ account and shall be 

16 made available for family planning, maternal, and 

17 reproductive health activities, subject to the regular 

18 notification procedures of the Committees on Appro19 priations. 

20 (3) PROHIBITION ON USE OF FUNDS IN

21 CHINA.—None of the amounts made available under 

22 this Act may be used by UNFPA for a country pro23 gram in the People’s Republic of China. 


emcdonald on DSK67QTVN1PROD with BILLS
637 

•S 2130 PCS

1 (4) CONDITIONS ON AVAILABILITY OF

2 FUNDS.—Amounts made available by this Act for 

3 UNFPA may not be made available unless— 

4 (A) UNFPA maintains such amounts in 

5 an account that is separate from other UNFPA 

6 accounts and does not commingle such funds 

7 with other funds; and 

8 (B) UNFPA does not fund abortions. 

9 (b) ASSISTANCE FOR FOREIGN NONGOVERNMENTAL

10 ORGANIZATIONS.—The Foreign Assistance Act of 1961 is 

11 amended by inserting after section 104C the following: 

12 ‘‘SEC. 104D. ELIGIBILITY FOR ASSISTANCE. 

13 ‘‘Notwithstanding any other provision of law, regula14 tion, or policy, in determining eligibility for assistance 

15 under sections 104, 104A, 104B, and 104C, a foreign non16 governmental organization— 

17 ‘‘(1) shall not be ineligible for such assistance 

18 solely on the basis of health or medical services, in19 cluding counseling and referral services, provided by 

20 such organization with non-United States Govern21 ment funds if such services— 

22 ‘‘(A) are permitted in the country in which 

23 they are being provided; and 

24 ‘‘(B) would not violate United States law if 

25 provided in the United States; and 


emcdonald on DSK67QTVN1PROD with BILLS
638 

•S 2130 PCS

1 ‘‘(2) shall not be subject to requirements relat2 ing to the use of non-United States Government 

3 funds for advocacy and lobbying activities other than 

4 those that apply to United States nongovernmental 

5 organizations receiving assistance under this part.’’. 

6 REPORTING REQUIREMENTS CONCERNING INDIVIDUALS

7 DETAINED AT NAVAL STATION, GUANTA ́NAMO BAY, CUBA

8 SEC. 7064. Not later than 5 days after the conclusion 

9 of an agreement with a country, including a state with 

10 a compact of free association with the United States, to 

11 receive by transfer or release individuals detained at 

12 United States Naval Station, Guanta ́namo Bay, Cuba, the 

13 Secretary of State shall notify the Committees on Appro14 priations in writing of the terms of the agreement, includ15 ing whether funds appropriated by this Act or prior Acts 

16 making appropriations for the Department of State, for17 eign operations, and related programs will be made avail18 able for assistance for such country pursuant to such 

19 agreement. 

20 CONSULAR AND BORDER SECURITY PROGRAMS

21 SEC. 7065. (a) There is established in the Treasury 

22 a separate fund to be known as the ‘‘Consular and Border 

23 Security Programs’’ account into which the following fees 

24 shall be deposited for the purposes of the consular and 

25 border security programs. 


emcdonald on DSK67QTVN1PROD with BILLS
639 

•S 2130 PCS

1 (b) MACHINE-READABLE VISA FEE.—Section 103(d) 

2 of Public Law 107–173 (8 U.S.C. 1713) is amended by 

3 striking ‘‘credited as an offsetting collection to any appro4 priation for the Department of State’’ and inserting ‘‘de5 posited in the Consular and Border Security Programs ac6 count’’. 

7 (c) PASSPORT AND IMMIGRANT VISA SECURITY SUR8 CHARGES.— 

9 (1) The fourth paragraph under the heading 

10 ‘‘Diplomatic and Consular Programs’’ in title IV of 

11 division B of Public Law 108–447 (8 U.S.C. 1714) 

12 is amended— 

13 (A) by inserting ‘‘and the consular protec14 tion of U.S. citizens and their interests over15 seas’’ after ‘‘in support of enhanced border se16 curity’’; and 

17 (B) by striking ‘‘credited to this account’’ 

18 and inserting ‘‘deposited in the Consular and 

19 Border Security Programs account’’. 

20 (2) Section 6 of Public Law 109–472 (8 U.S.C. 

21 1714 note) is amended by inserting ‘‘and the con22 sular protection of U.S. citizens and their interests 

23 overseas’’ after ‘‘in support of enhanced border secu24 rity’’ each place it appears. 


emcdonald on DSK67QTVN1PROD with BILLS
640 

•S 2130 PCS

1 (d) DIVERSITY IMMIGRANT LOTTERY FEE.—Section 

2 636 of title VI, division C of Public Law 104–208 (8 

3 U.S.C. 1153 note) is amended by striking ‘‘as an offset4 ting collection to any Department of State appropriation’’ 

5 and inserting ‘‘in the Consular and Border Security Pro6 grams account’’. 

7 (e) AFFIDAVIT OF SUPPORT FEE.—Section 232(c) of 

8 title II of division A of H.R. 3427 (106th Congress) (in9 corporated by reference by section 1000(a)(7) of division 

10 B of Public 106–113, as amended (8 U.S.C. 1183a note), 

11 is further amended by striking ‘‘as an offsetting collection 

12 to any Department of State appropriation’’ and inserting 

13 ‘‘in the Consular and Border Security Programs account’’. 

14 (f) WESTERN HEMISPHERE TRAVEL INITIATIVE

15 SURCHARGE.—Subsection (b)(1) of section 1 of the Pass16 port Act of June 4, 1920 (22 U.S.C. 214(b)(1)) is amend17 ed by striking ‘‘as an offsetting collection to the appro18 priate Department of State appropriation’’ and inserting 

19 ‘‘in the Consular and Border Security Programs account’’. 

20 (g) EXPEDITED PASSPORT FEE.—The first proviso 

21 under the heading ‘‘Diplomatic and Consular Programs’’ 

22 in title V of Public Law 103–317 (22 U.S.C. 214 note) 

23 is amended by inserting ‘‘or in the Consular and Border 

24 Security Programs account’’ after ‘‘offsetting collection’’. 


emcdonald on DSK67QTVN1PROD with BILLS
641 

•S 2130 PCS

1 (h) TRANSFER OF BALANCES.—The unobligated bal2 ances of amounts available from fees referenced under this 

3 section may be transferred to the Consular and Border 

4 Security Programs account. 

5 (i) Funds deposited in or transferred to the Consular 

6 and Border Security Programs account may be trans7 ferred between funds appropriated under the heading ‘‘Ad8 ministration of Foreign Affairs’’. 

9 (j) The transfer authorities in this section shall be 

10 in addition to any other transfer authority available to the 

11 Department of State. 

12 (k) The amendments made by this section shall take 

13 effect not later than October 1, 2016, and shall be imple14 mented in a manner that ensures the fees collected, trans15 ferred, and used in fiscal year 2016 can be readily tracked. 

16 PROHIBITION ON USE OF TORTURE

17 SEC. 7066. (a) LIMITATION.—None of the funds 

18 made available in this Act may be used to support or jus19 tify the use of torture, cruel, or inhumane treatment by 

20 any official or contract employee of the United States Gov21 ernment. 

22 (b) ASSISTANCE TO ELIMINATE TORTURE.—Funds 

23 appropriated under titles III and IV of this Act shall be 

24 made available, notwithstanding section 660 of the For25 eign Assistance Act of 1961 and following consultation 


emcdonald on DSK67QTVN1PROD with BILLS
642 

•S 2130 PCS

1 with the Committees on Appropriations, for assistance to 

2 eliminate torture by foreign police, military or other secu3 rity forces in countries receiving assistance from funds ap4 propriated by this Act. 

5 EXTRADITION

6 SEC. 7067. (a) LIMITATION.—None of the funds ap7 propriated in this Act may be used to provide assistance 

8 (other than funds provided under the headings ‘‘Inter9 national Disaster Assistance’’, ‘‘Complex Crises Fund’’, 

10 ‘‘International Narcotics Control and Law Enforcement’’, 

11 ‘‘Migration and Refugee Assistance’’, ‘‘United States 

12 Emergency Refugee and Migration Assistance Fund’’, and 

13 ‘‘Nonproliferation, Anti-terrorism, Demining and Related 

14 Assistance’’) for the central government of a country 

15 which has notified the Department of State of its refusal 

16 to extradite to the United States any individual indicted 

17 for a criminal offense for which the maximum penalty is 

18 life imprisonment without the possibility of parole or for 

19 killing a law enforcement officer, as specified in a United 

20 States extradition request. 

21 (b) CLARIFICATION.—Subsection (a) shall only apply 

22 to the central government of a country with which the 

23 United States maintains diplomatic relations and with 

24 which the United States has an extradition treaty and the 


emcdonald on DSK67QTVN1PROD with BILLS
643 

•S 2130 PCS

1 government of that country is in violation of the terms 

2 and conditions of the treaty. 

3 (c) WAIVER.—The Secretary of State may waive the 

4 restriction in subsection (a) on a case-by-case basis if the 

5 Secretary certifies to the Committees on Appropriations 

6 that such waiver is important to the national interests of 

7 the United States. 

8 COMMERCIAL LEASING OF DEFENSE ARTICLES

9 SEC. 7068. Notwithstanding any other provision of 

10 law, and subject to the regular notification procedures of 

11 the Committees on Appropriations, the authority of sec12 tion 23(a) of the Arms Export Control Act may be used 

13 to provide financing to Israel, Egypt, and the North Atlan14 tic Treaty Organization (NATO), and major non-NATO 

15 allies for the procurement by leasing (including leasing 

16 with an option to purchase) of defense articles from 

17 United States commercial suppliers, not including Major 

18 Defense Equipment (other than helicopters and other 

19 types of aircraft having possible civilian application), if the 

20 President determines that there are compelling foreign 

21 policy or national security reasons for those defense arti22 cles being provided by commercial lease rather than by 

23 government-to-government sale under such Act. 


emcdonald on DSK67QTVN1PROD with BILLS
644 

•S 2130 PCS

1 INDEPENDENT STATES OF THE FORMER SOVIET UNION

2 SEC. 7069. (a) LIMITATION.—None of the funds ap3 propriated by this Act may be made available for assist4 ance for a government of an independent state of the 

5 former Soviet Union if that government directs any action 

6 in violation of the territorial integrity or national sov7 ereignty of any other independent state of the former So8 viet Union, such as those violations included in the Hel9 sinki Final Act: Provided, That except as otherwise pro10 vided in section 7070(a) of this Act, funds may be made 

11 available without regard to the restriction in this sub12 section if the President determines that to do so is in the 

13 national security interest of the United States: Provided 

14 further, That prior to executing the authority contained 

15 in this subsection the Department of State shall consult 

16 with the Committees on Appropriations on how such as17 sistance supports the national interest of the United 

18 States. 

19 (b) SECTION 907 OF THE FREEDOM SUPPORT

20 ACT.—Section 907 of the FREEDOM Support Act shall 

21 not apply to— 

22 (1) activities to support democracy or assist23 ance under title V of the FREEDOM Support Act 

24 and section 1424 of the Defense Against Weapons 


emcdonald on DSK67QTVN1PROD with BILLS
645 

•S 2130 PCS

1 of Mass Destruction Act of 1996 (50 U.S.C. 2333) 

2 or non-proliferation assistance; 

3 (2) any assistance provided by the Trade and 

4 Development Agency under section 661 of the For5 eign Assistance Act of 1961 (22 U.S.C. 2421); 

6 (3) any activity carried out by a member of the 

7 United States and Foreign Commercial Service while 

8 acting within his or her official capacity; 

9 (4) any insurance, reinsurance, guarantee, or 

10 other assistance provided by the Overseas Private 

11 Investment Corporation under title IV of chapter 2 

12 of part I of the Foreign Assistance Act of 1961 (22 

13 U.S.C. 2191 et seq.); 

14 (5) any financing provided under the Export15 Import Bank Act of 1945; or 

16 (6) humanitarian assistance. 

17 RUSSIA

18 SEC. 7070. (a) LIMITATION.—None of the funds ap19 propriated by this Act may be made available for assist20 ance for the central Government of the Russian Federa21 tion. 

22 (b) DETERMINATION AND CONDITIONS.— 

23 (1) None of the funds appropriated by this Act 

24 may be made available for assistance for the central 

25 government of a country that the Secretary of State 


emcdonald on DSK67QTVN1PROD with BILLS
646 

•S 2130 PCS

1 determines and reports to the Committees on Appro2 priations has taken affirmative steps intended to 

3 support or be supportive of the Russian Federation 

4 annexation of Crimea: Provided, That except as oth5 erwise provided in subsection (a), the Secretary may 

6 waive the restriction on assistance required by this 

7 paragraph if the Secretary certifies to such Commit8 tees that to do so is in the national interest of the 

9 United States, and includes a justification for such 

10 interest. 

11 (2) None of the funds appropriated by this Act 

12 may be made available for— 

13 (A) the implementation of any action or 

14 policy that recognizes the sovereignty of the 

15 Russian Federation over Crimea; 

16 (B) the facilitation, financing, or guarantee 

17 of United States Government investments in 

18 Crimea, if such activity includes the participa19 tion of Russian Government officials, and Rus20 sian owned and controlled banks, or other Rus21 sian Government owned and controlled financial 

22 entities; or 

23 (C) assistance for Crimea, if such assist24 ance includes the participation of Russian Gov25 ernment officials, and Russian owned and conVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00646 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
647 

•S 2130 PCS

1 trolled banks, and other Russian Government 

2 owned and controlled financial entities. 

3 (3) The Secretary of the Treasury shall instruct 

4 the United States executive directors of each inter5 national financial institution to vote against any as6 sistance by such institution (including but not lim7 ited to any loan, credit, or guarantee) for any pro8 gram that violates the sovereignty or territorial in9 tegrity of Ukraine. 

10 (4) The requirements and limitations of sub11 section (b) shall cease to be in effect if the Secretary 

12 of State certifies and reports to the Committees on 

13 Appropriations that the Government of Ukraine has 

14 reestablished sovereignty over Crimea. 

15 (c) ASSISTANCE TO REDUCE VULNERABILITY AND

16 PRESSURE.—Funds appropriated by this Act for assist17 ance for the Eastern Partnership countries shall be made 

18 available to advance the implementation of Association 

19 Agreements, trade agreements, and visa liberalization 

20 agreements with the European Union, and to reduce their 

21 vulnerability to external economic and political pressure 

22 from the Russian Federation. 

23 (d) DEMOCRACY PROGRAMS.—Funds appropriated 

24 by this Act shall be made available to support the advance25 ment of democracy and the rule of law in the Russian FedVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00647 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
648 

•S 2130 PCS

1 eration, including to promote Internet freedom, and shall 

2 also be made available to support the democracy and rule 

3 of law strategy required by section 7071(d) of the Depart4 ment of State, Foreign Operations, and Related Programs 

5 Appropriations Act, 2014 (division K of Public Law 113– 

6 76). 

7 (e) REPORTS.—Not later than 45 days after enact8 ment of this Act, the Secretary of State shall update the 

9 reports required by section 7071(b)(2), (c), and (e) of the 

10 Department of State, Foreign Operations, and Related 

11 Programs Appropriations Act, 2014 (division K of Public 

12 Law 113–76). 

13 INTERNATIONAL MONETARY FUND

14 SEC. 7071. (a) TRANSPARENCY AND ACCOUNT15 ABILITY.—The terms and conditions of sections 7086(b) 

16 (1) and (2) and 7090(a) of the Department of State, For17 eign Operations, and Related Programs Appropriations 

18 Act, 2010 (division F of Public Law 111–117) shall apply 

19 to this Act. 

20 (b) REPAYMENT.—The Secretary of the Treasury 

21 shall instruct the United States Executive Director of the 

22 International Monetary Fund (IMF) to seek to ensure 

23 that any loan will be repaid to the IMF before other pri24 vate creditors. 


emcdonald on DSK67QTVN1PROD with BILLS
649 

•S 2130 PCS

1 SPECIAL DEFENSE ACQUISITION FUND

2 SEC. 7072. Not to exceed $900,000,000 may be obli3 gated pursuant to section 51(c)(2) of the Arms Export 

4 Control Act for the purposes of the Special Defense Acqui5 sition Fund (Fund), to remain available for obligation 

6 until September 30, 2018: Provided, That the provision 

7 of defense articles and defense services to foreign coun8 tries or international organizations from the Fund shall 

9 be subject to the concurrence of the Secretary of State. 

10 COUNTERING VIOLENT EXTREMISM

11 SEC. 7073. (a) STRENGTHENING THE STATE SYS12 TEM.—Funds appropriated by this Act for counterter13 rorism programs shall include programs to strengthen 

14 governance in states whose stability and legitimacy are 

15 threatened by Islamic or other extremist groups. 

16 (b) COUNTERING FOREIGN TERRORIST FIGHTERS.— 

17 Funds appropriated by this Act shall be made available 

18 for programs to counter the flow of foreign terrorist fight19 ers to countries in which Islamic or other extremist groups 

20 operate. 

21 (c) COUNTERING VIOLENT EXTREMISM.—Funds ap22 propriated by this Act shall be made available for pro23 grams to reduce support for non-state entities that engage 

24 in terrorist activities through messaging campaigns to 

25 damage their appeal; programs to engage communities 


emcdonald on DSK67QTVN1PROD with BILLS
650 

•S 2130 PCS

1 and populations at risk of violent extremist radicalization 

2 and recruitment; counter radicalization, rehabilitation, 

3 and reintegration programs for potential and former vio4 lent extremists, including in prisons; law enforcement 

5 training programs; and capacity building for civil society 

6 organizations to combat radicalization in local commu7 nities. 

8 (d) ASSISTANCE FOR FRAGILE STATES.—Funds ap9 propriated by this Act shall be made available for pro10 grams that strengthen governance and security in fragile 

11 states bordering countries whose stability and legitimacy 

12 are threatened by Islamic or other extremists, as deter13 mined by the Secretary of State. 

14 (e) COORDINATOR AND REPORT.— 

15 (1) The Secretary of State shall designate, 

16 within the Bureau of Counterterrorism, Department 

17 of State, a Countering Violent Extremism Assistance 

18 Coordinator (the Coordinator) who shall be respon19 sible, consistent with the requirements of this sec20 tion, for— 

21 (A) designing an overall assistance and co22 operation strategy for countering violent extre23 mism, including strengthening governance; 

24 (B) ensuring program and policy coordina25 tion among bureaus of the Department and 


emcdonald on DSK67QTVN1PROD with BILLS
651 

•S 2130 PCS

1 other agencies of the United States Government 

2 in countering extremism, implementing security 

3 sector and governance reform programs, and in4 tegrating all security sector and civilian assist5 ance authorities and initiatives to counter vio6 lent extremism; 

7 (C) pursuing coordination with other coun8 tries and international organizations with re9 spect to assistance for countering extremism; 

10 (D) ensuring United States assistance pro11 grams for countering violent extremism funded 

12 by this Act and prior Acts making appropria13 tions for the Department of State, foreign oper14 ations, and related programs are consistent 

15 with all applicable laws, regulations and policies 

16 regarding the use of foreign assistance; 

17 (E) ensuring proper management, imple18 mentation, and oversight by agencies respon19 sible for assistance programs for countering vio20 lent extremism, including consistent policy 

21 standards and metrics; and 

22 (F) coordinating the uses of funds made 

23 available pursuant to subsections (a) through 

24 (d) under titles III and IV of this Act and prior 

25 Acts making appropriations for the Department 


emcdonald on DSK67QTVN1PROD with BILLS
652 

•S 2130 PCS

1 of State, foreign operations, and related pro2 grams: 

3 Provided, That the Secretary of State, in consulta4 tion with the Administrator of the United States 

5 Agency for International Development (USAID), 

6 shall designate a deputy coordinator, from within 

7 USAID, to assist such coordinator. 

8 (2) The Coordinator shall report to the Coordi9 nator for Counterterrorism, Department of State: 

10 Provided, That the Coordinator for Counterterrorism 

11 shall be deemed to be the equivalent rank of Assist12 ant Secretary of State. 

13 (3) Not later than September 30, 2016, the 

14 Secretary of State shall submit a report to the ap15 propriate congressional committees detailing coordi16 nation mechanisms for programs to counter ter17 rorism and violent extremism abroad across United 

18 States Government agencies, and a list of all such 

19 programs conducted by such agencies, which may be 

20 submitted in classified form, if necessary. 

21 (f) COMPONENTS OF THE STRATEGY.—The strategy 

22 required by subsection (e)(1)(A) shall include the coherent 

23 integration of counterterrorism, governance and security 

24 sector reform programs proposed to be implemented from 

25 funds appropriated by this Act under titles III and IV, 


emcdonald on DSK67QTVN1PROD with BILLS
653 

•S 2130 PCS

1 including programs to counter violent extremism in coun2 tries in which state systems are threatened by Islamic and 

3 other extremists groups, programs to support states bor4 dering such countries, programs to strengthen governance 

5 in such states, and programs to counter the radicalization 

6 and flow of foreign terrorist fighters: Provided, That such 

7 strategy shall include details on funding by country, ac8 count, and amount for each program: Provided further, 

9 That such strategy shall also include a description of 

10 counterterrorism training and equipment proposed to be 

11 provided: Provided further, That the Secretary of State 

12 shall submit such strategy, in classified form if necessary, 

13 to the appropriate congressional committees not later than 

14 180 days after enactment of this Act, and shall include 

15 appropriate funding detail on programs supporting such 

16 strategy in the report required by section 653(a) of the 

17 Foreign Assistance Act of 1961. 

18 (g) MONITORING AND OVERSIGHT.—(1) Prior to the 

19 obligation of funds appropriated by this Act to implement 

20 such strategy, the Secretary of State shall take all prac21 ticable steps to ensure that mechanisms are in place for 

22 monitoring, oversight, and control of such assistance: Pro23 vided, That the Secretary of State shall inform the appro24 priate congressional committee of each significant instance 

25 in which assistance provided pursuant to this subsection 


emcdonald on DSK67QTVN1PROD with BILLS
654 

•S 2130 PCS

1 has been compromised, to include the amount and type 

2 of assistance affected, a description of the incident and 

3 parties involved, and an explanation of the response of the 

4 Department of Department. 

5 (2) Not later than 90 days after the Secretary 

6 of State designates the Coordinator, the Coordinator 

7 shall submit a report to the Committees on Appro8 priations detailing procedures and mechanism for 

9 end-use monitoring, vetting procedures, and over10 sight of security sector and civilian assistance made 

11 available to implement the requirements of this sec12 tion: Provided, That such report shall include a de13 scription of the limitations of United States Govern14 ment personnel to areas in which assistance is pro15 vided, and the oversight procedures for such assist16 ance in areas where access by such personnel is lim17 ited. 

18 ENTERPRISE FUNDS

19 SEC. 7074. (a) NOTIFICATION REQUIREMENT.— 

20 None of the funds made available under titles III through 

21 VI of this Act may be made available for Enterprise Funds 

22 unless the appropriate congressional committees are noti23 fied at least 15 days in advance. 

24 (b) DISTRIBUTION OF ASSETS PLAN.—Prior to the 

25 distribution of any assets resulting from any liquidation, 


emcdonald on DSK67QTVN1PROD with BILLS
655 

•S 2130 PCS

1 dissolution, or winding up of an Enterprise Fund, in whole 

2 or in part, the President shall submit to the appropriate 

3 congressional committees a plan for the distribution of the 

4 assets of the Enterprise Fund. 

5 (c) TRANSITION OR OPERATING PLAN.—Prior to a 

6 transition to and operation of any private equity fund or 

7 other parallel investment fund under an existing Enter8 prise Fund, the President shall submit such transition or 

9 operating plan to the appropriate congressional commit10 tees. 

11 USE OF FUNDS IN CONTRAVENTION OF THIS ACT

12 SEC. 7075. If the President makes a determination 

13 not to comply with any provision of this Act on constitu14 tional grounds, the head of the relevant Federal agency 

15 shall notify the Committees on Appropriations in writing 

16 within 5 days of such determination, the basis for such 

17 determination and any resulting changes to program and 

18 policy. 

19 BUDGET DOCUMENTS

20 SEC. 7076. (a) OPERATING PLANS.—Not later than 

21 45 days after the date of enactment of this Act, each de22 partment, agency, or organization funded in titles I, II, 

23 and VI of this Act, and the Department of the Treasury 

24 and Independent Agencies funded in title III of this Act, 

25 including the Inter-American Foundation and the United 


emcdonald on DSK67QTVN1PROD with BILLS
656 

•S 2130 PCS

1 States African Development Foundation, shall submit to 

2 the Committees on Appropriations an operating plan for 

3 funds appropriated to such department, agency, or organi4 zation in such titles of this Act, or funds otherwise avail5 able for obligation in fiscal year 2016, that provides de6 tails of the uses of such funds at the program, project, 

7 and activity level: Provided, That such plans shall include, 

8 as applicable, a comparison between the most recent con9 gressional directives or approved funding levels and the 

10 funding levels proposed by the department or agency; and 

11 a clear, concise, and informative description/justification: 

12 Provided further, That operating plans for funds for such 

13 department, agency, or organization in titles I, II, or III 

14 and title VIII, shall simultaneously submit the operating 

15 plans for, and integrated information on, enduring and 

16 Overseas Contingency Operations funds: Provided further, 

17 That operating plans that include changes in levels of 

18 funding specified in this Act or in the report accom19 panying this Act shall be subject to the regular notifica20 tion procedures of the Committees on Appropriations. 

21 (b) SPEND PLANS.— 

22 (1) Prior to the initial obligation of funds, the 

23 Secretary of State or Administrator of the United 

24 States Agency for International Development 

25 (USAID), as appropriate, shall submit to the ComVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00656 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
657 

•S 2130 PCS

1 mittees on Appropriations a detailed spend plan for 

2 funds made available by this Act, for— 

3 (A) assistance for Afghanistan, Colombia, 

4 Egypt, Haiti, Iraq, Lebanon, Libya, Mexico, 

5 Pakistan, the West Bank and Gaza, and 

6 Yemen; 

7 (B) the Caribbean Basin Security Initia8 tive; the Central America Regional Security Ini9 tiative; the Trans-Sahara Counterterrorism 

10 Partnership; the Partnership for Regional East 

11 Africa Counterterrorism; the West Africa Re12 gional Security Initiative; the Global Peace Op13 erations Initiative, including Africa Contingency 

14 Operations Training and Assistance; the Afri15 can Peacekeeping Rapid Response Partnership; 

16 the Africa Conflict Stabilization and Border Se17 curity program; the African Military Education 

18 Program; the Africa Maritime Security Initia19 tive; the Security Governance Initiative; the Af20 rica Regional Counter-Terrorism Fund; the 

21 Counterterrorism Partnerships Fund; the Re22 gional Security Initiative; the Africa Capacity 

23 for Immediate Crisis Response program; and 

24 the Southeast Asia Maritime Security Law En25 forcement Initiative: Provided, That the spend 


emcdonald on DSK67QTVN1PROD with BILLS
658 

•S 2130 PCS

1 plan for such programs shall include the 

2 amount of assistance planned for each country 

3 by account; and 

4 (C) democracy programs and each sector 

5 enumerated in section 7060 of this Act. 

6 (2) Not later than 45 days after enactment of 

7 this Act, the Secretary of the Treasury shall submit 

8 to the Committees on Appropriations a detailed 

9 spend plan for funds made available by this Act 

10 under the headings ‘‘Department of the Treasury’’ 

11 in title III and ‘‘International Financial Institu12 tions’’ in title V. 

13 (c) SPENDING REPORT.—Not later than 45 days 

14 after enactment of this Act, the USAID Administrator 

15 shall submit to the Committees on Appropriations a de16 tailed report on spending of funds made available during 

17 fiscal year 2015 under the heading ‘‘Development Credit 

18 Authority’’. 

19 (d) NOTIFICATIONS.—The spend plans referenced in 

20 subsection (b) shall not be considered as meeting the noti21 fication requirements in this Act or under section 634A 

22 of the Foreign Assistance Act of 1961. 

23 (e) CONGRESSIONAL BUDGET JUSTIFICATION.—The 

24 Secretary of State and the USAID Administrator shall in25 clude in the congressional budget justification a detailed 


emcdonald on DSK67QTVN1PROD with BILLS
659 

•S 2130 PCS

1 justification for multi-year availability for any funds re2 quested under the headings ‘‘Diplomatic and Consular 

3 Programs’’ and ‘‘Operating Expenses’’. 

4 RECORDS MANAGEMENT, REQUESTS, AND REPORTS

5 SEC. 7077. (a)(1) RECORDS MANAGEMENT.—Funds 

6 appropriated by this Act under the headings ‘‘Diplomatic 

7 and Consular Programs’’ and ‘‘Operating Expenses’’ shall 

8 be made available for purposes of Federal records manage9 ment pursuant to the Federal Records Act (44 U.S.C. 

10 Chapters 21, 29, 31, and 33) and other applicable Federal 

11 records management statutes, regulations, or policies for 

12 the Department of State and the United States Agency 

13 for International Development (USAID): Provided, That 

14 no such funds may be made available to such agencies to 

15 support the use or establishment of email accounts or 

16 email servers created outside the .gov domain or not fitted 

17 for automated records management as part of a Federal 

18 government records management program. 

19 (2)(A) REPORTS.—Not later than 90 days after en20 actment of this Act, the Secretary of State and USAID 

21 Administrator shall each submit a report to the appro22 priate congressional committees and to the National Ar23 chives and Records Administration (NARA) detailing— 

24 (i) the policy of each agency regarding the 

25 use or establishment of email accounts or email 


emcdonald on DSK67QTVN1PROD with BILLS
660 

•S 2130 PCS

1 servers created outside the .gov domain or not 

2 fitted for automated records management as 

3 part of a Federal government records manage4 ment program; 

5 (ii) the extent to which each agency is in 

6 compliance with applicable Federal records 

7 management statutes, regulations, or policies; 

8 and 

9 (iii) a description of existing cyber security 

10 measures to mitigate vulnerabilities resulting 

11 from the use of email accounts or email servers 

12 outside the .gov domain. 

13 (B) REPORTS ASSESSMENT.—Not later than 

14 120 days after the submission of the reports re15 quired in subparagraph (A), the Comptroller General 

16 of the United States, in consultation with NARA, as 

17 appropriate, shall conduct an assessment of such re18 ports, and shall consult with the Committees on Ap19 propriations on the scope and requirements of such 

20 assessment. 

21 (b) REQUESTS FOR DOCUMENTS.—None of the funds 

22 appropriated or made available pursuant to title III 

23 through VI of this Act shall be available to a nongovern24 mental organization, including any contractor, which fails 

25 to provide upon timely request any document, file, or 


emcdonald on DSK67QTVN1PROD with BILLS
661 

•S 2130 PCS

1 record necessary to the auditing requirements of the De2 partment of State and USAID. 

3 (c) PUBLIC POSTING OF REPORTS.— 

4 (1) REQUIREMENT.—Any agency receiving 

5 funds made available by this Act shall, subject to 

6 paragraphs (2) and (3), post on the publicly avail7 able Web site of such agency any report required by 

8 this Act to be submitted to the Committees on Ap9 propriations, upon a determination by the head of 

10 such agency that to do so is in the national interest. 

11 (2) EXCEPTIONS.—Paragraph (1) shall not 

12 apply to a report if— 

13 (A) the public posting of such report would 

14 compromise national security, including the 

15 conduct of diplomacy; or 

16 (B) the report contains proprietary, privi17 leged, or sensitive information. 

18 (3) TIMING AND INTENTION.—The head of the 

19 agency posting such report shall, unless otherwise 

20 provided for in this Act, do so only after such report 

21 has been made available to the Committees on Ap22 propriations for not less than 45 days: Provided, 

23 That any report required by this Act to be submitted 

24 to the Committees on Appropriations shall include 


emcdonald on DSK67QTVN1PROD with BILLS
662 

•S 2130 PCS

1 information from the submitting agency on whether 

2 such report will be publicly posted. 

3 (d) SUNSET OF REPORTS.— 

4 (1) Effective September 30, 2017, each report 

5 described in paragraph (2) that is still required to 

6 be submitted to Congress as of such effective date 

7 shall no longer be required to be submitted to Con8 gress upon notification of the Committees on Appro9 priations, unless otherwise directed by a subsequent 

10 Act. 

11 (2) A report described in this subsection is a re12 port that is required to be submitted at regular peri13 odic intervals to Congress by any prior Act making 

14 appropriations for the Department of State, foreign 

15 operations, and related programs and that is pre16 pared primarily by the Department of State, 

17 USAID, or by any officer, official, component, or 

18 element of the Department or USAID, by a provi19 sion of statute (including title 22, United States 

20 Code, and any annual appropriations or authoriza21 tion Act) as of April 1, 2015. 

22 (3) This subsection shall not apply to reports 

23 required to be submitted by the Department of State 

24 or USAID Office of the Inspector General. 


emcdonald on DSK67QTVN1PROD with BILLS
663 

•S 2130 PCS

1 GLOBAL INTERNET FREEDOM

2 SEC. 7078. (a) FUNDING.—Of the funds available for 

3 obligation during fiscal year 2016 under the headings 

4 ‘‘International Broadcasting Operations’’, ‘‘Economic 

5 Support Fund’’, and ‘‘Democracy Fund’’, not less than 

6 $50,500,000 shall be made available for programs to pro7 mote Internet freedom globally: Provided, That such pro8 grams shall be prioritized for countries whose governments 

9 restrict freedom of expression on the Internet, and that 

10 are important to the national interests of the United 

11 States: Provided further, That funds made available pursu12 ant to this section shall be matched, to the maximum ex13 tent practicable, by sources other than the United States 

14 Government, including from the private sector. 

15 (b) REQUIREMENTS.—Funds made available pursu16 ant to subsection (a) shall be— 

17 (1) coordinated with other democracy, govern18 ance, and broadcasting programs funded by this Act 

19 under the headings ‘‘International Broadcasting Op20 erations’’, ‘‘Economic Support Fund’’, ‘‘Democracy 

21 Fund’’, ‘‘Complex Crises Fund’’, and ‘‘Assistance 

22 for Europe, Eurasia and Central Asia’’, and shall be 

23 incorporated into country assistance, democracy pro24 motion, and broadcasting strategies, as appropriate; 


emcdonald on DSK67QTVN1PROD with BILLS
664 

•S 2130 PCS

1 (2) made available to the Bureau of Democracy, 

2 Human Rights, and Labor, Department of State for 

3 programs to implement the May 2011, International 

4 Strategy for Cyberspace and the comprehensive 

5 strategy to promote Internet freedom and access to 

6 information in Iran, as required by section 414 of 

7 the Iran Threat Reduction and Syria Human Rights 

8 Act of 2012 (22 U.S.C. 8754); 

9 (3) made available to the Broadcasting Board 

10 of Governors (BBG) to provide tools and techniques 

11 to access the Web sites of BBG broadcasters that 

12 are censored, and to work with such broadcasters to 

13 promote and distribute such tools and techniques, 

14 including digital security techniques; 

15 (4) made available for programs that support 

16 the efforts of civil society to counter the development 

17 of repressive Internet-related laws and regulations, 

18 including countering threats to Internet freedom at 

19 international organizations; to combat violence 

20 against bloggers and other users; and to enhance 

21 digital security training and capacity building for de22 mocracy activists; and 

23 (5) made available for research of key threats 

24 to Internet freedom; the continued development of 

25 technologies that provide or enhance access to the 


emcdonald on DSK67QTVN1PROD with BILLS
665 

•S 2130 PCS

1 Internet, including circumvention tools that bypass 

2 Internet blocking, filtering, and other censorship 

3 techniques used by authoritarian governments; and 

4 maintenance of the United States Government tech5 nological advantage over such censorship techniques: 

6 Provided, That the Secretary of State, in consulta7 tion with the BBG, shall coordinate any such re8 search and development programs with other rel9 evant United States Government departments and 

10 agencies in order to share information, technologies, 

11 and best practices, and to assess the effectiveness of 

12 such technologies. 

13 (c) COORDINATION AND SPEND PLANS.—After con14 sultation among the relevant agency heads to coordinate 

15 and de-conflict planned activities, but not later than 90 

16 days after enactment of this Act, the Secretary of State 

17 and the BBG Chairman shall submit to the Committees 

18 on Appropriations spend plans for funds made available 

19 by this Act for programs to promote Internet freedom 

20 globally, which shall include a description of safeguards 

21 established by relevant agencies to ensure that such pro22 grams are not used for illicit purposes. 

23 DISABILITY PROGRAMS

24 SEC. 7079. (a) ASSISTANCE.—Funds appropriated by 

25 this Act under the heading ‘‘Economic Support Fund’’ 


emcdonald on DSK67QTVN1PROD with BILLS
666 

•S 2130 PCS

1 shall be made available for programs and activities admin2 istered by the United States Agency for International De3 velopment (USAID) to address the needs and protect and 

4 promote the rights of people with disabilities in developing 

5 countries, including initiatives that focus on independent 

6 living, economic self-sufficiency, advocacy, education, em7 ployment, transportation, sports, and integration of indi8 viduals with disabilities, including for the cost of trans9 lation. 

10 (b) MANAGEMENT, OVERSIGHT, AND TECHNICAL

11 SUPPORT.—Of the funds made available pursuant to this 

12 section, 5 percent may be used for USAID for manage13 ment, oversight, and technical support. 

14 IMPACT ON JOBS IN THE UNITED STATES

15 SEC. 7080. None of the funds appropriated or other16 wise made available under titles III through VI of this 

17 Act or any other Act making appropriations for the De18 partment of State, foreign operations, and related pro19 grams may be obligated or expended to provide— 

20 (1) for fiscal year 2016, any financial incentive 

21 to a business enterprise currently located in the 

22 United States for the purpose of inducing such an 

23 enterprise to relocate outside the United States if 

24 such incentive or inducement is likely to reduce the 

25 number of employees of such business enterprise in 


emcdonald on DSK67QTVN1PROD with BILLS
667 

•S 2130 PCS

1 the United States because United States production 

2 is being replaced by such enterprise outside the 

3 United States; 

4 (2) for fiscal year 2016, assistance for any pro5 gram, project, or activity that contributes to the vio6 lation of internationally recognized workers rights, 

7 as defined in section 507(4) of the Trade Act of 

8 1974, of workers in the recipient country, including 

9 any designated zone or area in that country: Pro10 vided, That the application of section 507(4)(D) and 

11 (E) of such Act should be commensurate with the 

12 level of development of the recipient country and 

13 sector, and shall not preclude assistance for the in14 formal sector in such country, micro and small-scale 

15 enterprise, and smallholder agriculture; 

16 (3) for fiscal year 2016, any assistance to an 

17 entity outside the United States if such assistance is 

18 for the purpose of directly relocating or transferring 

19 jobs from the United States to other countries and 

20 adversely impacts the labor force in the United 

21 States; or 

22 (4) for fiscal year 2016, for the enforcement of 

23 any rule, regulation, or policy, or guidelines imple24 mented pursuant to— 


emcdonald on DSK67QTVN1PROD with BILLS
668 

•S 2130 PCS

1 (A) the third proviso of subsection 7079(b) 

2 of the Department of State, Foreign Oper3 ations, and Related Programs Appropriations 

4 Act, 2010 (division F of Public Law 111–117); 

5 (B) the modification proposed by the Over6 seas Private Investment Corporation in Novem7 ber 2013 to the Corporation’s Environmental 

8 and Social Policy Statement relating to coal; 

9 (C) the Supplemental Guidelines for High 

10 Carbon Intensity Projects approved by the Ex11 port-Import Bank of the United States on De12 cember 12, 2013; or 

13 (D) the World Bank Group’s Directions 

14 for the World Bank Group’s Energy Sector re15 leased on July 16, 2013, 

16 when enforcement of such rule, regulation, policy, or 

17 guidelines would prohibit, or have the effect of pro18 hibiting, any coal-fired or other power-generation 

19 project the purpose of which is to increase exports 

20 of goods and services from the United States and 

21 provide affordable electricity to people who lack ac22 cess to electricity, or prevent the loss of jobs in the 

23 United States. 


emcdonald on DSK67QTVN1PROD with BILLS
669 

•S 2130 PCS

1 COUNTRIES IMPACTED BY SIGNIFICANT REFUGEE

2 POPULATIONS OR INTERNALLY DISPLACED PERSONS

3 SEC. 7081. (a) PROGRAMS.—Funds appropriated by 

4 this Act under the headings ‘‘Development Assistance’’ 

5 and ‘‘Economic Support Fund’’ shall be made available 

6 for programs to assist significant populations of internally 

7 displaced persons or refugees in countries in conflict: Pro8 vided, That such funds shall be made available for pro9 grams to leverage increased assistance from donors other 

10 than the United States Government for central govern11 ments and local communities in such countries: Provided 

12 further, That the purposes of such assistance shall include 

13 activities to— 

14 (1) expand and improve host government social 

15 services and basic infrastructure to accommodate the 

16 needs of such populations and persons; 

17 (2) alleviate the social and economic strains 

18 placed on host communities; and 

19 (3) improve coordination of such assistance in 

20 a more effective and sustainable manner. 

21 (b) REPORT ON EXPANDING ACCESS TO FINANCING

22 FOR CERTAIN MIDDLE INCOME COUNTRIES.—Not later 

23 than 90 days after enactment of this Act, the Secretary 

24 of State, in consultation with the Secretary of the Treas25 ury, the Administrator of the United States Agency for 


emcdonald on DSK67QTVN1PROD with BILLS
670 

•S 2130 PCS

1 International Development, and the Chief Executive Offi2 cer of the Millennium Challenge Corporation (MCC), shall 

3 submit a report to the Committees on Appropriations on 

4 the economic and developmental impact of significant ref5 ugee populations or internally displaced persons on host 

6 communities and national economies in affected countries: 

7 Provided, That such report shall include— 

8 (1) specific recommendations for expanding ac9 cess for middle income countries to grants and 

10 concessional financing on favorable terms from inter11 national financial institutions to mitigate such im12 pacts; 

13 (2) an assessment of hybrid financial models 

14 that combine international financial institution lend15 ing programs with bilateral grant resources to accel16 erate development-led solutions to such impacts; and 

17 (3) an assessment of the implications for the 

18 MCC of modifying MCC eligibility requirements for 

19 new and ongoing projects that mutually benefit ref20 ugee populations and host communities in such 

21 countries: 

22 Provided further, That following the submission of the re23 port, the Secretary of State shall regularly update the ap24 propriate congressional committees on implementation of 

25 the recommendations in paragraph (1). 


emcdonald on DSK67QTVN1PROD with BILLS
671 

•S 2130 PCS

1 NORTH AMERICAN DEVELOPMENT BANK

2 SEC. 7082. Part 2 of Subtitle D of title V of Public 

3 Law 103–182, as amended (22 U.S.C. 290m et seq.), is 

4 further amended by adding at the end thereof the fol5 lowing new section: 

6 ‘‘SEC. 547. FIRST CAPITAL INCREASE. 

7 ‘‘(a) SUBSCRIPTION AUTHORIZED.— 

8 ‘‘(1) The Secretary of the Treasury may sub9 scribe on behalf of the United States to 150,000 ad10 ditional shares of the capital stock of the Bank. 

11 ‘‘(2) Any subscription by the United States to 

12 the capital stock of the Bank shall be effective only 

13 to such extent and in such amounts as are provided 

14 in advance in appropriations Act. 

15 ‘‘(b) LIMITATIONS ON AUTHORIZATION OF APPRO16 PRIATIONS.— 

17 ‘‘(1) In order to pay for the increase in the 

18 United States subscription to the Bank under sub19 section (a), there are authorized to be appropriated, 

20 without fiscal year limitation, $1,500,000,000 for 

21 payment by the Secretary of the Treasury. 

22 ‘‘(2) Of the amount authorized to be appro23 priated under paragraph (1)— 

24 ‘‘(A) $225,000,000 shall be for paid in 

25 shares of the Bank; and 


emcdonald on DSK67QTVN1PROD with BILLS
672 

•S 2130 PCS

1 ‘‘(B) $1,275,000,000 shall be callable 

2 shares of the Bank.’’. 

3 COUNTRY FOCUS AND SELECTIVITY

4 SEC. 7083. (a) TRANSITION PLAN REQUIREMENT.— 

5 Any country assistance strategy developed after the date 

6 of enactment of this Act for the provision of assistance 

7 for a foreign country shall include a transition plan for 

8 such assistance to be provided through other international 

9 donor support and budget support by the respective for10 eign government: Provided, That such transition plan shall 

11 be developed by the Department of State and United 

12 States Agency for International Development (USAID), in 

13 consultation with such foreign government and local civil 

14 society, as appropriate. 

15 (b) PILOT PROGRAM.—Not later than 180 days after 

16 enactment of this Act, the Secretary of State, in consulta17 tion with the USAID Administrator and the appropriate 

18 congressional committees, shall develop and implement a 

19 pilot program to gradually decrease assistance for at least 

20 two countries receiving assistance under this Act and prior 

21 Acts making appropriations for the Department of State, 

22 foreign operations, and related programs that— 

23 (1) are historical or long-time recipients of such 

24 assistance; 


emcdonald on DSK67QTVN1PROD with BILLS
673 

•S 2130 PCS

1 (2) not engaged in regional conflict, or im2 pacted by large numbers of internally displaced per3 sons or significant refugee populations; and 

4 (3) are not vital to the national security interest 

5 of the United States, as determined by the Secretary 

6 of State: 

7 Provided, That such gradual decrease may occur over a 

8 period no longer than 5 years, and shall exclude democ9 racy programs and disaster assistance. 

10 RESCISSION OF FUNDS

11 (INCLUDING RESCISSION OF FUNDS)

12 SEC. 7084. (a) BILATERAL ECONOMIC ASSIST13 ANCE.—Of the funds appropriated in prior Acts making 

14 appropriations for the Department of State, foreign oper15 ations, and related programs under the heading ‘‘Bilateral 

16 Economic Assistance, Funds Appropriated to the Presi17 dent, Economic Support Fund’’, $205,125,000 are re18 scinded. 

19 (b) INTERNATIONAL SECURITY ASSISTANCE.—Of the 

20 funds appropriated in prior Acts making appropriations 

21 for the Department of State, foreign operations, and re22 lated programs under the heading ‘‘International Security 

23 Assistance, Department of State, International Narcotics 

24 Control and Law Enforcement’’, $159,691,000 are re25 scinded. 


emcdonald on DSK67QTVN1PROD with BILLS
674 

•S 2130 PCS

1 (c) LIMITATION.—None of the amounts in this sec2 tion may be rescinded from amounts that were designated 

3 by Congress as an emergency requirement or for Overseas 

4 Contingency Operations/Global War on Terrorism pursu5 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

6 and Emergency Deficit Control Act of 1985. 

7 TITLE VIII 

8 OVERSEAS CONTINGENCY OPERATIONS 

9 DEPARTMENT OF STATE 

10 ADMINISTRATION OF FOREIGN AFFAIRS

11 DIPLOMATIC AND CONSULAR PROGRAMS

12 (INCLUDING TRANSFER OF FUNDS)

13 For an additional amount for ‘‘Diplomatic and Con14 sular Programs’’, $1,884,569,000, to remain available 

15 until September 30, 2017, of which $1,300,393,000 is for 

16 Worldwide Security Protection and shall remain available 

17 until expended: Provided, That the Secretary of State may 

18 transfer up to $10,000,000 of the total funds made avail19 able under this heading to any other appropriation of any 

20 department or agency of the United States, upon the con21 currence of the head of such department or agency, to sup22 port operations in and assistance for Afghanistan and to 

23 carry out the provisions of the Foreign Assistance Act of 

24 1961: Provided further, That any such transfer shall be 

25 treated as a reprogramming of funds under subsections 


emcdonald on DSK67QTVN1PROD with BILLS
675 

•S 2130 PCS

1 (a) and (b) of section 7015 of this Act and shall not be 

2 available for obligation or expenditure except in compli3 ance with the procedures set forth in that section: Pro4 vided further, That such amount is designated by Congress 

5 for Overseas Contingency Operations/Global War on Ter6 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal7 anced Budget and Emergency Deficit Control Act of 1985. 

8 CONFLICT STABILIZATION OPERATIONS

9 For an additional amount for ‘‘Conflict Stabilization 

10 Operations’’, $10,000,000, to remain available until ex11 pended: Provided, That such amount is designated by 

12 Congress for Overseas Contingency Operations/Global 

13 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

14 the Balanced Budget and Emergency Deficit Control Act 

15 of 1985. 

16 OFFICE OF INSPECTOR GENERAL

17 For an additional amount for ‘‘Office of Inspector 

18 General’’, $66,600,000, to remain available until Sep19 tember 30, 2017, of which $56,900,000 shall be for the 

20 Special Inspector General for Afghanistan Reconstruction 

21 (SIGAR) for reconstruction oversight: Provided, That 

22 printing and reproduction costs shall not exceed amounts 

23 for such costs during fiscal year 2015: Provided further, 

24 That notwithstanding any other provision of law, any em25 ployee of SIGAR who completes at least 12 months of conVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00675 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
676 

•S 2130 PCS

1 tinuous service after the date of enactment of this Act or 

2 who is employed on the date on which SIGAR terminates, 

3 whichever occurs first, shall acquire competitive status for 

4 appointment to any position in the competitive service for 

5 which the employee possesses the required qualifications: 

6 Provided further, That such amount is designated by Con7 gress for Overseas Contingency Operations/Global War on 

8 Terrorism pursuant to section 251(b)(2)(A)(ii) of the Bal9 anced Budget and Emergency Deficit Control Act of 1985. 

10 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

11 For an additional amount for ‘‘Embassy Security, 

12 Construction, and Maintenance’’, $134,800,000, to re13 main available until expended, of which $124,000,000 

14 shall be for Worldwide Security Upgrades, acquisition, and 

15 construction as authorized: Provided, That such amount 

16 is designated by Congress for Overseas Contingency Oper17 ations/Global War on Terrorism pursuant to section 

18 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

19 Deficit Control Act of 1985. 

20 INTERNATIONAL ORGANIZATIONS

21 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

22 For an additional amount for ‘‘Contributions to 

23 International Organizations’’, $52,100,000: Provided, 

24 That such amount is designated by Congress for Overseas 

25 Contingency Operations/Global War on Terrorism pursuVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00676 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
677 

•S 2130 PCS

1 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

2 and Emergency Deficit Control Act of 1985. 

3 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

4 ACTIVITIES

5 For an additional amount for ‘‘Contributions for 

6 International Peacekeeping Activities’’, $505,000,000, to 

7 remain available until September 30, 2017: Provided, 

8 That such amount is designated by Congress for Overseas 

9 Contingency Operations/Global War on Terrorism pursu10 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

11 and Emergency Deficit Control Act of 1985. 

12 RELATED AGENCY 

13 BROADCASTING BOARD OF GOVERNORS

14 INTERNATIONAL BROADCASTING OPERATIONS

15 For an additional amount for ‘‘International Broad16 casting Operations’’, $6,300,000, to remain available until 

17 September 30, 2017: Provided, That such amount is des18 ignated by Congress for Overseas Contingency Operations/ 

19 Global War on Terrorism pursuant to section 

20 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

21 Deficit Control Act of 1985. 


emcdonald on DSK67QTVN1PROD with BILLS
678 

•S 2130 PCS

1 UNITED STATES AGENCY FOR INTERNATIONAL 

2 DEVELOPMENT 

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 OPERATING EXPENSES

5 For an additional amount for ‘‘Operating Expenses’’, 

6 $139,262,000, to remain available until September 30, 

7 2017: Provided, That such amount is designated by Con8 gress for Overseas Contingency Operations/Global War on 

9 Terrorism pursuant to section 251(b)(2)(A)(ii) of the Bal10 anced Budget and Emergency Deficit Control Act of 1985. 

11 BILATERAL ECONOMIC ASSISTANCE 

12 FUNDS APPROPRIATED TO THE PRESIDENT

13 INTERNATIONAL DISASTER ASSISTANCE

14 For an additional amount for ‘‘International Disaster 

15 Assistance’’, $1,037,000,000, to remain available until ex16 pended: Provided, That such amount is designated by 

17 Congress for Overseas Contingency Operations/Global 

18 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 

19 the Balanced Budget and Emergency Deficit Control Act 

20 of 1985. 

21 TRANSITION INITIATIVES

22 For an additional amount for ‘‘Transition Initia23 tives’’, $20,000,000, to remain available until expended: 

24 Provided, That such amount is designated by Congress for 

25 Overseas Contingency Operations/Global War on TerVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00678 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
679 

•S 2130 PCS

1 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal2 anced Budget and Emergency Deficit Control Act of 1985. 

3 ECONOMIC SUPPORT FUND

4 For an additional amount for ‘‘Economic Support 

5 Fund’’, $2,019,034,000, to remain available until Sep6 tember 30, 2017: Provided, That such amount is des7 ignated by Congress for Overseas Contingency Operations/ 

8 Global War on Terrorism pursuant to section 

9 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

10 Deficit Control Act of 1985. 

11 ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

12 For an additional amount for ‘‘Assistance for Eu13 rope, Eurasia and Central Asia’’, $410,869,000, to remain 

14 available until September 30, 2017: Provided, That such 

15 amount is designated by Congress for Overseas Contin16 gency Operations/Global War on Terrorism pursuant to 

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

18 Emergency Deficit Control Act of 1985. 

19 DEPARTMENT OF STATE

20 MIGRATION AND REFUGEE ASSISTANCE

21 For an additional amount for ‘‘Migration and Ref22 ugee Assistance’’, $1,251,114,000, to remain available 

23 until expended: Provided, That such amount is designated 

24 by Congress for Overseas Contingency Operations/Global 

25 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 


emcdonald on DSK67QTVN1PROD with BILLS
680 

•S 2130 PCS

1 the Balanced Budget and Emergency Deficit Control Act 

2 of 1985. 

3 INTERNATIONAL SECURITY ASSISTANCE 

4 DEPARTMENT OF STATE

5 INTERNATIONAL NARCOTICS CONTROL AND LAW

6 ENFORCEMENT

7 For an additional amount for ‘‘International Nar8 cotics Control and Law Enforcement’’, $284,000,000, to 

9 remain available until September 30, 2017: Provided, 

10 That such amount is designated by Congress for Overseas 

11 Contingency Operations/Global War on Terrorism pursu12 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

13 and Emergency Deficit Control Act of 1985. 

14 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

15 RELATED PROGRAMS

16 For an additional amount for ‘‘Nonproliferation, 

17 Anti-terrorism, Demining and Related Programs’’, 

18 $262,521,000, to remain available until September 30, 

19 2017: Provided, That such amount is designated by Con20 gress for Overseas Contingency Operations/Global War on 

21 Terrorism pursuant to section 251(b)(2)(A)(ii) of the Bal22 anced Budget and Emergency Deficit Control Act of 1985. 

23 PEACEKEEPING OPERATIONS

24 For an additional amount for ‘‘Peacekeeping Oper25 ations’’, $210,000,000, to remain available until SepVerDate Sep 11 2014 00:56 Oct 07, 2015 Jkt 059200 PO 00000 Frm 00680 Fmt 6652 Sfmt 6201 E:\BILLS\S2130.PCS S2130

emcdonald on DSK67QTVN1PROD with BILLS
681 

•S 2130 PCS

1 tember 30, 2017: Provided, That such amount is des2 ignated by Congress for Overseas Contingency Operations/ 

3 Global War on Terrorism pursuant to section 

4 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

5 Deficit Control Act of 1985. 

6 FUNDS APPROPRIATED TO THE PRESIDENT

7 FOREIGN MILITARY FINANCING PROGRAM

8 For an additional amount for ‘‘Foreign Military Fi9 nancing Program’’, $1,186,868,000, to remain available 

10 until September 30, 2017: Provided, That such amount 

11 is designated by Congress for Overseas Contingency Oper12 ations/Global War on Terrorism pursuant to section 

13 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

14 Deficit Control Act of 1985. 

15 GENERAL PROVISIONS 

16 ADDITIONAL APPROPRIATIONS

17 SEC. 8001. Notwithstanding any other provision of 

18 law, funds appropriated in this title are in addition to 

19 amounts appropriated or otherwise made available in this 

20 Act for fiscal year 2016. 

21 EXTENSION OF AUTHORITIES AND CONDITIONS

22 SEC. 8002. Unless otherwise provided for in this Act, 

23 the additional amounts appropriated by this title to appro24 priations accounts in this Act shall be available under the 


emcdonald on DSK67QTVN1PROD with BILLS
682 

•S 2130 PCS

1 authorities and conditions applicable to such appropria2 tions accounts. 

3 TRANSFER AND ADDITIONAL AUTHORITY

4 SEC. 8003. (a) Funds appropriated by this title in 

5 this Act under the headings ‘‘Transition Initiatives’’, 

6 ‘‘Economic Support Fund’’, ‘‘Assistance for Europe, Eur7 asia and Central Asia’’, ‘‘International Narcotics Control 

8 and Law Enforcement’’, ‘‘Nonproliferation, Anti-ter9 rorism, Demining and Related Programs’’, ‘‘Peacekeeping 

10 Operations’’, and ‘‘Foreign Military Financing Program’’ 

11 may be transferred to, and merged with— 

12 (1) funds appropriated by this title under such 

13 headings; and 

14 (2) funds appropriated by this title under the 

15 headings ‘‘International Disaster Assistance’’ and 

16 ‘‘Migration and Refugee Assistance’’. 

17 (b) Notwithstanding any other provision of this sec18 tion, not to exceed $15,000,000 from funds appropriated 

19 under the headings ‘‘International Narcotics Control and 

20 Law Enforcement’’, ‘‘Peacekeeping Operations’’, and 

21 ‘‘Foreign Military Financing Program’’ by this title in this 

22 Act may be transferred to, and merged with, funds pre23 viously made available under the heading ‘‘Global Security 

24 Contingency Fund’’: Provided, That not later than 15 

25 days prior to making any such transfer, the Secretary of 


emcdonald on DSK67QTVN1PROD with BILLS
683 

•S 2130 PCS

1 State shall notify the Committees on Appropriations on 

2 a country basis, including the implementation plan and 

3 timeline for each proposed use of such funds. 

4 (c) The transfer authority provided in subsections (a) 

5 and (b) may only be exercised to address contingencies. 

6 (d) The transfer authority provided in subsections (a) 

7 and (b) shall be subject to prior consultation with, and 

8 the regular notification procedures of, the Committees on 

9 Appropriations: Provided, That such transfer authority is 

10 in addition to any transfer authority otherwise available 

11 under any other provision of law, including section 610 

12 of the Foreign Assistance Act of 1961 which may be exer13 cised by the Secretary of State for the purposes of this 

14 title. 

15 DESIGNATION REQUIREMENT

16 SEC. 8004. Each amount designated in this title of 

17 this Act by Congress for Overseas Contingency Oper18 ations/Global War on Terrorism pursuant to section 

19 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

20 Deficit Control Act of 1985 shall be available (or re21 scinded, if applicable) only if the President subsequently 

22 so designates all such amounts and transmits such des23 ignations to Congress. 


emcdonald on DSK67QTVN1PROD with BILLS
684 

•S 2130 PCS

1 RESCISSION OF FUNDS

2 SEC. 8005. (a) BILATERAL ECONOMIC ASSIST3 ANCE.—Of the funds appropriated in prior Acts making 

4 appropriations for the Department of State, foreign oper5 ations, and related programs under the heading ‘‘Bilateral 

6 Economic Assistance, Funds Appropriated to the Presi7 dent, Economic Support Fund’’ and designated by Con8 gress for Overseas Contingency Operations/Global War on 

9 Terrorism pursuant to section 251(b)(2)(A)(ii) of the Bal10 anced Budget and Emergency Deficit Control Act of 1985, 

11 $194,540,000 are rescinded. 

12 (b) INTERNATIONAL SECURITY ASSISTANCE.—Of the 

13 funds appropriated in prior Acts making appropriations 

14 for the Department of State, foreign operations, and re15 lated programs under the heading ‘‘International Security 

16 Assistance, Department of State, International Narcotics 

17 Control and Law Enforcement’’ and designated by Con18 gress for Overseas Contingency Operations/Global War on 

19 Terrorism pursuant to section 251(b)(2)(A)(ii) of the Bal20 anced Budget and Emergency Deficit Control Act of 1985, 

21 $27,497,000 are rescinded. 


emcdonald on DSK67QTVN1PROD with BILLS
685 

•S 2130 PCS

1 TITLE IX 

2 HUMANITARIAN EMERGENCY RESPONSE 

3 BILATERAL ECONOMIC ASSISTANCE 

4 FUNDS APPROPRIATED TO THE PRESIDENT

5 INTERNATIONAL DISASTER ASSISTANCE

6 For an additional amount for ‘‘International Disaster 

7 Assistance’’, $298,000,000, to remain available until ex8 pended, for necessary expenses to address humanitarian 

9 crises globally: Provided, That of the funds appropriated 

10 under this heading, up to $150,000,000 may be made 

11 available for assistance for Nepal for earthquake relief, re12 covery, and reconstruction: Provided further, That such 

13 amount is designated by Congress as an emergency re14 quirement pursuant to section 251(b)(2)(A)(i) of the Bal15 anced Budget and Emergency Deficit Control Act of 1985. 

16 MIGRATION AND REFUGEE ASSISTANCE

17 For an additional amount for ‘‘Migration and Ref18 ugee Assistance’’, $461,000,000, to remain available until 

19 expended, for necessary expenses to address humanitarian 

20 crises globally: Provided, That such amount is designated 

21 by Congress as an emergency requirement pursuant to 

22 section 251(b)(2)(A)(i) of the Balanced Budget and 

23 Emergency Deficit Control Act of 1985. 


emcdonald on DSK67QTVN1PROD with BILLS
686 

•S 2130 PCS

1 GENERAL PROVISIONS

2 ADDITIONAL APPROPRIATIONS

3 SEC. 9001. Notwithstanding any other provision of 

4 law, funds appropriated in this title are in addition to 

5 amount appropriated or otherwise made available in this 

6 Act for fiscal year 2016. 

7 EXTENSION OF AUTHORITY AND CONDITIONS

8 SEC. 9002. Unless otherwise provided for in this Act, 

9 the additional amounts appropriated by this title to appro10 priations accounts in this Act shall be available under the 

11 authorities and conditions applicable to such appropria12 tions accounts. 

13 TRANSFER AUTHORITY

14 SEC. 9003. Funds appropriated by this title in this 

15 Act under the headings ‘‘International Disaster Assist16 ance’’ and ‘‘Migration and Refugee Assistance’’ may be 

17 transferred to, and merged with, funds appropriated by 

18 this title under such headings, subject to the regular noti19 fication procedures of the Committees on Appropriations. 

20 REPORTING REQUIREMENT

21 SEC. 9004. Not later than September 30, 2016, the 

22 Secretary of State shall submit a report to the Committees 

23 on Appropriations on the uses of such funds, including un24 obligated and unexpended balances, as appropriate. 


emcdonald on DSK67QTVN1PROD with BILLS
687 

•S 2130 PCS

1 DESIGNATION REQUIREMENT

2 SEC. 9005. Each amount designated in this title of 

3 this Act by Congress as an emergency requirement pursu4 ant to section 251(b)(2)(A)(i) of the Balanced Budget and 

5 Emergency Deficit Control Act of 1985 shall be available 

6 only if the President subsequently so designates all such 

7 amounts and transmits such designations to Congress. 

8 TITLE X 

9 OTHER MATTERS 

10 MULTILATERAL ASSISTANCE 

11 INTERNATIONAL MONETARY PROGRAMS

12 UNITED STATES QUOTA, INTERNATIONAL MONETARY

13 FUND DIRECT LOAN PROGRAM ACCOUNT

14 For an increase in the United States quota in the 

15 International Monetary Fund, the dollar equivalent of 

16 40,871,800,000 Special Drawing Rights, to remain avail17 able until expended: Provided, That notwithstanding the 

18 provisos under the heading ‘‘International Assistance Pro19 grams—International Monetary Programs—United 

20 States Quota, International Monetary Fund’’ in the Sup21 plemental Appropriations Act, 2009 (Public Law 111–32), 

22 the costs of the amounts provided under this heading in 

23 this Act and in Public Law 111–32 shall be estimated on 

24 a present value basis, excluding administrative costs and 

25 any incidental effects on governmental receipts or outlays: 


emcdonald on DSK67QTVN1PROD with BILLS
688 

•S 2130 PCS

1 Provided further, That for purposes of the previous pro2 viso, the discount rate for purposes of the present value 

3 calculation shall be the appropriate interest rate on mar4 ketable Treasury securities: Provided further, That section 

5 251(b)(2)(A) of the Balanced Budget and Emergency 

6 Deficit Control Act of 1985, as amended, shall not apply 

7 to amounts under this heading. 

8 LOANS TO THE INTERNATIONAL MONETARY FUND

9 DIRECT LOAN PROGRAM ACCOUNT

10 (INCLUDING RESCISSION OF FUNDS)

11 Of the amounts provided under the heading ‘‘Inter12 national Assistance Programs—International Monetary 

13 Programs—Loans to International Monetary Fund’’ in 

14 the Supplemental Appropriations Act, 2009 (Public Law 

15 111–32), the dollar equivalent of 40,871,800,000 Special 

16 Drawing Rights is hereby permanently cancelled as of the 

17 date when the rollback of the United States credit ar18 rangement in the New Arrangements to Borrow of the 

19 International Monetary Fund is effective, but no earlier 

20 than when the increase of the United States quota author21 ized in section 72 of the Bretton Woods Agreements Act 

22 (22 U.S.C. 286 et seq.) becomes effective: Provided, That 

23 notwithstanding the second through fourth provisos under 

24 the heading ‘‘International Assistance Programs—Inter25 national Monetary Programs—Loans to International 


emcdonald on DSK67QTVN1PROD with BILLS
689 

•S 2130 PCS

1 Monetary Fund’’ in Public Law 111–32, the costs of the 

2 amounts under this heading in this Act and in Public Law 

3 111–32 shall be estimated on a present value basis, ex4 cluding administrative costs and any incidental effects on 

5 governmental receipts or outlays: Provided further, That 

6 for purposes of the previous proviso, the discount rate for 

7 purposes of the present value calculation shall be the ap8 propriate interest rate on marketable Treasury securities: 

9 Provided further, That section 251(b)(2)(A) of the Bal10 anced Budget and Emergency Deficit Control Act of 1985, 

11 as amended, shall not apply to amounts under this head12 ing. 

13 GENERAL PROVISIONS 

14 AMENDMENTS TO THE BRETTON WOODS 

15 AGREEMENTS ACT 

16 SEC. 10001. (a) Section 17 of the Bretton Woods 

17 Agreements Act (22 U.S.C. 286e–2) is amended in sub18 sections (b)(1) and (b)(2) by adding at the end in both 

19 subsections, after ‘‘Fund’’, ‘‘only to the extent that such 

20 amounts are not subject to cancellation’’. 

21 (b) The Bretton Woods Agreements Act (22 U.S.C. 

22 286 et seq.) is amended by adding at the end the fol23 lowing: 


emcdonald on DSK67QTVN1PROD with BILLS
690 

•S 2130 PCS

1 ‘‘SEC. 71. ACCEPTANCE OF AMENDMENTS TO THE ARTI2 CLES OF AGREEMENT OF THE FUND. 

3 ‘‘The United States Governor of the Fund may ac4 cept the amendments to the Articles of Agreement of the 

5 Fund as proposed in resolution 66–2 of the Board of Gov6 ernors of the Fund. 

7 ‘‘SEC. 72. QUOTA INCREASE. 

8 ‘‘(a) IN GENERAL.—The United States Governor of 

9 the Fund may consent to an increase in the quota of the 

10 United States in the Fund equivalent to 40,871,800,000 

11 Special Drawing Rights. 

12 ‘‘(b) SUBJECT TO APPROPRIATIONS.—The authority 

13 provided by subsection (a) shall be effective only to such 

14 extent or in such amounts as are provided in advance in 

15 appropriations Acts.’’. 

16 This division may be cited as the ‘‘Department of 

17 State, Foreign Operations, and Related Programs Appro18 priations Act, 2016’’. 


emcdonald on DSK67QTVN1PROD with BILLS

emcdonald on DSK67QTVN1PROD with BILLS
Calendar No. 249 

114TH CONGRESS 

1ST SESSION S. 2130 

A BILL 

Making appropriations for Department of Defense, 

and for other purposes. for the fiscal year ending September 30, 2016, State, foreign operations, and related programs partment of Veterans Affairs, and Department of Homeland Security, military construction, Deenergy and water development, Department of 

OCTOBER 6, 2015 

Read the second time and placed on the calendar 


emcdonald on DSK67QTVN1PROD with BILLS