I 

114TH CONGRESS 

2D SESSION H. R. 6071 

Making continuing appropriations for fiscal year 2017, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 20, 2016 

Mr. FLORES introduced the following bill; which was referred to the Committee on Appropriations, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each 

case for consideration of such provisions as fall within the jurisdiction of 

the committee concerned 

A BILL 

Making continuing appropriations for fiscal year 2017, and 

for other purposes. 

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

3 That the following sums are hereby appropriated, out of 

4 any money in the Treasury not otherwise appropriated, 

5 and out of applicable corporate or other revenues, receipts, 

6 and funds, for the several departments, agencies, corpora7 tions, and other organizational units of Government for 

8 fiscal year 2017, and for other purposes, namely: 


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1 TITLE I—CONTINUING APPROPRIATIONS FOR 

2 FISCAL YEAR 2017 

3 SEC. 101. (a) Such amounts as may be necessary, 

4 at a rate for operations as provided in the applicable ap5 propriations Acts for fiscal year 2016 and under the au6 thority and conditions provided in such Acts, for con7 tinuing projects or activities (including the costs of direct 

8 loans and loan guarantees) that are not otherwise specifi9 cally provided for in this title, that were conducted in fis10 cal year 2016, and for which appropriations, funds, or 

11 other authority were made available in the following ap12 propriations Acts: 

13 (1) The Agriculture, Rural Development, Food 

14 and Drug Administration, and Related Agencies Ap15 propriations Act, 2016 (division A of Public Law 

16 114–113). 

17 (2) The Commerce, Justice, Science, and Re18 lated Agencies Appropriations Act, 2016 (division B 

19 of Public Law 114–113). 

20 (3) The Department of Defense Appropriations 

21 Act, 2016 (division C of Public Law 114–113). 

22 (4) The Energy and Water Development and 

23 Related Agencies Appropriations Act, 2016 (division 

24 D of Public Law 114–113). 


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1 (5) The Financial Services and General Govern2 ment Appropriations Act, 2016 (division E of Public 

3 Law 114–113). 

4 (6) The Department of Homeland Security Ap5 propriations Act, 2016 (division F of Public Law 

6 114–113). 

7 (7) The Department of the Interior, Environ8 ment, and Related Agencies Appropriations Act, 

9 2016 (division G of Public Law 114–113). 

10 (8) The Departments of Labor, Health and 

11 Human Services, and Education, and Related Agen12 cies Appropriations Act, 2016 (division H of Public 

13 Law 114–113). 

14 (9) The Legislative Branch Appropriations Act, 

15 2016 (division I of Public Law 114–113). 

16 (10) The Department of State, Foreign Oper17 ations, and Related Programs Appropriations Act, 

18 2016 (division K of Public Law 114–113), except 

19 title IX. 

20 (11) The Transportation, Housing and Urban 

21 Development, and Related Agencies Appropriations 

22 Act, 2016 (division L of Public Law 114–113). 

23 (b)(1) The rate for operations provided by subsection 

24 (a) in the revised security category (as defined in section 

25 250(c)(4)(D) of the Balanced Budget and Emergency 


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1 Deficit Control Act of 1985) is hereby adjusted by the per2 centage necessary to achieve a rate for operations in such 

3 category equal to the excess of $548,091,000,000 over the 

4 total amount made available in such category pursuant to 

5 section 201. 

6 (2) The rate for operations provided by subsection (a) 

7 in the revised nonsecurity category (as defined in section 

8 250(c)(4)(E) of the Balanced Budget and Emergency Def9 icit Control Act of 1985) is hereby adjusted by the per10 centage necessary to achieve a rate for operations in such 

11 category equal to the excess of $518,491,000,000 over the 

12 total amount made available in such category pursuant to 

13 section 201. 

14 SEC. 102. (a) No appropriation or funds made avail15 able or authority granted pursuant to section 101 for the 

16 Department of Defense shall be used for: (1) the new pro17 duction of items not funded for production in fiscal year 

18 2016 or prior years; (2) the increase in production rates 

19 above those sustained with fiscal year 2016 funds; or (3) 

20 the initiation, resumption, or continuation of any project, 

21 activity, operation, or organization (defined as any project, 

22 subproject, activity, budget activity, program element, and 

23 subprogram within a program element, and for any invest24 ment items defined as a P–1 line item in a budget activity 

25 within an appropriation account and an R–1 line item that 


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1 includes a program element and subprogram element with2 in an appropriation account) for which appropriations, 

3 funds, or other authority were not available during fiscal 

4 year 2016. 

5 (b) No appropriation or funds made available or au6 thority granted pursuant to section 101 for the Depart7 ment of Defense shall be used to initiate multi-year pro8 curements utilizing advance procurement funding for eco9 nomic order quantity procurement unless specifically ap10 propriated later. 

11 SEC. 103. Appropriations made by section 101 shall 

12 be available to the extent and in the manner that would 

13 be provided by the pertinent appropriations Act. 

14 SEC. 104. Except as otherwise provided in section 

15 102, no appropriation or funds made available or author16 ity granted pursuant to section 101 shall be used to ini17 tiate or resume any project or activity for which appro18 priations, funds, or other authority were not available dur19 ing fiscal year 2016. 

20 SEC. 105. Appropriations made and authority grant21 ed pursuant to this title shall cover all obligations or ex22 penditures incurred for any project or activity during the 

23 period for which funds or authority for such project or 

24 activity are available under this title. 


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1 SEC. 106. Unless otherwise provided for in this title 

2 or in the applicable appropriations Act for fiscal year 

3 2017, appropriations and funds made available and au4 thority granted pursuant to this title shall be available 

5 until whichever of the following first occurs: (1) the enact6 ment into law of an appropriation for any project or activ7 ity provided for in this title; (2) the enactment into law 

8 of the applicable appropriations Act for fiscal year 2017 

9 without any provision for such project or activity; or (3) 

10 December 9, 2016. 

11 SEC. 107. Expenditures made pursuant to this title 

12 shall be charged to the applicable appropriation, fund, or 

13 authorization whenever a bill in which such applicable ap14 propriation, fund, or authorization is contained is enacted 

15 into law. 

16 SEC. 108. Appropriations made and funds made 

17 available by or authority granted pursuant to this title 

18 may be used without regard to the time limitations for 

19 submission and approval of apportionments set forth in 

20 section 1513 of title 31, United States Code, but nothing 

21 in this title may be construed to waive any other provision 

22 of law governing the apportionment of funds. 

23 SEC. 109. Notwithstanding any other provision of 

24 this title, except section 106, for those programs that 

25 would otherwise have high initial rates of operation or 


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1 complete distribution of appropriations at the beginning 

2 of fiscal year 2017 because of distributions of funding to 

3 States, foreign countries, grantees, or others, such high 

4 initial rates of operation or complete distribution shall not 

5 be made, and no grants shall be awarded for such pro6 grams funded by this title that would impinge on final 

7 funding prerogatives. 

8 SEC. 110. This title shall be implemented so that only 

9 the most limited funding action of that permitted in the 

10 title shall be taken in order to provide for continuation 

11 of projects and activities. 

12 TITLE II—MILITARY CONSTRUC13 TION, VETERANS AFFAIRS, 

14 AND RELATED AGENCIES AP15 PROPRIATIONS ACT, 2017 AND 

16 ZIKA RESPONSE AND PRE17 PAREDNESS ACT 

18 SEC. 201. ENACTMENT BY REFERENCE. 

19 (a) IN GENERAL.—The provisions of the Military 

20 Construction, Veterans Affairs, and Related Agencies Ap21 propriations Act, 2017 and Zika Response and Prepared22 ness Act, as printed in the Conference Report accom23 panying H.R. 2577 (H. Rept. 114–640), are hereby en24 acted into law. 


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1 (b) PUBLICATION.—In publishing the Act in slip 

2 form and in the United States Statutes at Large pursuant 

3 to section 112, of title 1, United States Code, the Archivist 

4 of the United States shall include after the date of ap5 proval at the end appendixes setting forth the texts of the 

6 bill referred to in subsection (a) of this section. 

7 TITLE III—ENSURING VETTING 

8 OF REFUGEES TO KEEP 

9 AMERICANS SAFE 

10 SEC. 301. SHORT TITLE. 

11 This title may be cited as the ‘‘American Security 

12 Against Foreign Enemies Act of 2015’’ or as the ‘‘Amer13 ican SAFE Act of 2015’’. 

14 SEC. 302. REVIEW OF REFUGEES TO IDENTIFY SECURITY 

15 THREATS TO THE UNITED STATES. 

16 (a) BACKGROUND INVESTIGATION.—In addition to 

17 the screening conducted by the Secretary of Homeland Se18 curity, the Director of the Federal Bureau of Investigation 

19 shall take all actions necessary to ensure that each covered 

20 alien receives a thorough background investigation prior 

21 to admission as a refugee. A covered alien may not be ad22 mitted as a refugee until the Director of the Federal Bu23 reau of Investigation certifies to the Secretary of Home24 land Security and the Director of National Intelligence 

25 that each covered alien has received a background invesVerDate Sep 11 2014 02:16 Sep 21, 2016 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6071.IH H6071

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1 tigation that is sufficient to determine whether the covered 

2 alien is a threat to the security of the United States. 

3 (b) CERTIFICATION BY UNANIMOUS CONCUR4 RENCE.—A covered alien may only be admitted to the 

5 United States after the Secretary of Homeland Security, 

6 with the unanimous concurrence of the Director of the 

7 Federal Bureau of Investigation and the Director of Na8 tional Intelligence, certifies to the appropriate Congres9 sional Committees that the covered alien is not a threat 

10 to the security of the United States. 

11 (c) INSPECTOR GENERAL REVIEW OF CERTIFI12 CATIONS.—The Inspector General of the Department of 

13 Homeland Security shall conduct a risk-based review of 

14 all certifications made under subsection (b) each year and 

15 shall provide an annual report detailing the findings to 

16 the appropriate Congressional Committees. 

17 (d) MONTHLY REPORT.—The Secretary of Homeland 

18 Security shall submit to the appropriate Congressional 

19 Committees a monthly report on the total number of appli20 cations for admission with regard to which a certification 

21 under subsection (b) was made and the number of covered 

22 aliens with regard to whom such a certification was not 

23 made for the month preceding the date of the report. The 

24 report shall include, for each covered alien with regard to 

25 whom a certification was not made, the concurrence or 


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1 nonconcurrence of each person whose concurrence was re2 quired by subsection (b). 

3 (e) DEFINITIONS.—In this Act: 

4 (1) COVERED ALIEN.—The term ‘‘covered 

5 alien’’ means any alien applying for admission to the 

6 United States as a refugee who— 

7 (A) is a national or resident of Iraq or 

8 Syria; 

9 (B) has no nationality and whose last ha10 bitual residence was in Iraq or Syria; or 

11 (C) has been present in Iraq or Syria at 

12 any time on or after March 1, 2011. 

13 (2) APPROPRIATE CONGRESSIONAL COM14 MITTEE.—The term ‘‘appropriate Congressional 

15 Committees’’ means— 

16 (A) the Committee on Armed Services of 

17 the Senate; 

18 (B) the Select Committee on Intelligence 

19 of the Senate; 

20 (C) the Committee on the Judiciary of the 

21 Senate; 

22 (D) the Committee on Homeland Security 

23 and Governmental Affairs of the Senate; 

24 (E) the Committee on Foreign Relations of 

25 the Senate; 


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1 (F) the Committee on Appropriations of 

2 the Senate; 

3 (G) the Committee on Armed Services of 

4 the House of Representatives; 

5 (H) the Permanent Select Committee on 

6 Intelligence of the House of Representatives; 

7 (I) the Committee on the Judiciary of the 

8 House of Representatives; 

9 (J) the Committee on Homeland Security 

10 of the House of Representatives; 

11 (K) the Committee on Appropriations of 

12 the House of Representatives; and 

13 (L) the Committee on Foreign Affairs of 

14 the House of Representatives. 

15 TITLE IV—STOPPING THE 

16 INTERNET GIVEAWAY 

17 SEC. 401. SHORT TITLE. 

18 This title may be cited as the ‘‘Protecting Internet 

19 Freedom Act’’. 

20 SEC. 402. FINDINGS. 

21 Congress finds the following: 

22 (1) The Department of Commerce and the Na23 tional Telecommunications and Information Admin24 istration (in this section referred to as the ‘‘NTIA’’) 

25 should be responsible for maintaining the continuity 


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1 and stability of services related to certain inter2 dependent Internet technical management functions, 

3 known collectively as the Internet Assigned Numbers 

4 Authority (in this section referred to as the 

5 ‘‘IANA’’), which includes— 

6 (A) the coordination of the assignment of 

7 technical Internet protocol parameters; 

8 (B) the administration of certain respon9 sibilities associated with the Internet domain 

10 name system root zone management; 

11 (C) the allocation of Internet numbering 

12 resources; and 

13 (D) other services related to the manage14 ment of the Advanced Research Project Agency 

15 and INT top-level domains. 

16 (2) The interdependent technical functions de17 scribed in paragraph (1) were performed on behalf 

18 of the Federal Government under a contract between 

19 the Defense Advanced Research Projects Agency and 

20 the University of Southern California as part of a 

21 research project known as the Tera-node Network 

22 Technology project. As the Tera-node Network 

23 Technology project neared completion and the con24 tract neared expiration in 1999, the Federal Govern25 ment recognized the need for the continued performVerDate Sep 11 2014 02:16 Sep 21, 2016 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H6071.IH H6071

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1 ance of the IANA functions as vital to the stability 

2 and correct functioning of the Internet. 

3 (3) The NTIA may use its contract authority to 

4 maintain the continuity and stability of services re5 lated to the IANA functions. 

6 (4) If the NTIA uses its contract authority, the 

7 contractor, in the performance of its duties, must 

8 have or develop a close constructive working rela9 tionship with all interested and affected parties to 

10 ensure quality and satisfactory performance of the 

11 IANA functions. The interested and affected parties 

12 include— 

13 (A) the multistakeholder, private sector14 led, bottom-up policy development model for the 

15 domain name system that the Internet Corpora16 tion for Assigned Names and Numbers rep17 resents; 

18 (B) the Internet Engineering Task Force 

19 and the Internet Architecture Board; 

20 (C) Regional Internet Registries; 

21 (D) top-level domain operators and man22 agers, such as country codes and generic; 

23 (E) governments; and 

24 (F) the Internet user community. 


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1 (5) The IANA functions contract of the Depart2 ment of Commerce explicitly declares that ‘‘[a]ll 

3 deliverables provided under this contract become the 

4 property of the U.S. Government.’’. One of the 

5 deliverables is the automated root zone. 

6 (6) Former President Bill Clinton’s Internet 

7 czar Ira Magaziner stated that ‘‘[t]he United States 

8 paid for the Internet, the Net was created under its 

9 auspices, and most importantly everything [research10 ers] did was pursuant to government contracts.’’. 

11 (7) Under section 3 of article IV of the Con12 stitution of the United States, Congress has the ex13 clusive power to ‘‘dispose of and make all needful 

14 Rules and Regulations respecting the Territory or 

15 other Property belonging to the United States’’. 

16 (8) The .gov and .mil top-level domains are the 

17 property of the United States Government, and as 

18 property, the United States Government should have 

19 the exclusive control and use of those domains in 

20 perpetuity. 

21 SEC. 403. MAINTAINING THE IANA FUNCTIONS CONTRACT. 

22 The Assistant Secretary of Commerce for Commu23 nications and Information may not allow the responsibility 

24 of the National Telecommunications and Information Ad25 ministration with respect to the Internet domain name 


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1 system functions, including responsibility with respect to 

2 the authoritative root zone file and the performance of the 

3 Internet Assigned Numbers Authority functions, to termi4 nate, lapse, expire, be canceled, or otherwise cease to be 

5 in effect unless a Federal statute enacted after the date 

6 of enactment of this title expressly grants the Assistant 

7 Secretary such authority. 

8 SEC. 404. EXCLUSIVE UNITED STATES GOVERNMENT OWN9 ERSHIP AND CONTROL OF .GOV AND .MIL DO10 MAINS. 

11 Not later than 60 days after the date of enactment 

12 of this title, the Assistant Secretary of Commerce for 

13 Communications and Information shall provide to Con14 gress a written certification that the United States Gov15 ernment has— 

16 (1) secured sole ownership of the .gov and .mil 

17 top-level domains; and 

18 (2) entered into a contract with the Internet 

19 Corporation for Assigned Names and Numbers that 

20 provides that the United States Government has ex21 clusive control and use of those domains in per22 petuity. 

Æ 


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