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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6071 Introduced in House (IH)]

<DOC>

114th CONGRESS
  2d Session
                                H. R. 6071

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 20, 2016

  Mr. Flores introduced the following bill; which was referred to the 
 Committee on Appropriations, and in addition to the Committee on the 
 Budget, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are hereby appropriated, out of any money in the Treasury not otherwise 
appropriated, and out of applicable corporate or other revenues, 
receipts, and funds, for the several departments, agencies, 
corporations, and other organizational units of Government for fiscal 
year 2017, and for other purposes, namely:

        TITLE I--CONTINUING APPROPRIATIONS FOR FISCAL YEAR 2017

    Sec. 101. (a) Such amounts as may be necessary, at a rate for 
operations as provided in the applicable appropriations Acts for fiscal 
year 2016 and under the authority and conditions provided in such Acts, 
for continuing projects or activities (including the costs of direct 
loans and loan guarantees) that are not otherwise specifically provided 
for in this title, that were conducted in fiscal year 2016, and for 
which appropriations, funds, or other authority were made available in 
the following appropriations Acts:
            (1) The Agriculture, Rural Development, Food and Drug 
        Administration, and Related Agencies Appropriations Act, 2016 
        (division A of Public Law 114-113).
            (2) The Commerce, Justice, Science, and Related Agencies 
        Appropriations Act, 2016 (division B of Public Law 114-113).
            (3) The Department of Defense Appropriations Act, 2016 
        (division C of Public Law 114-113).
            (4) The Energy and Water Development and Related Agencies 
        Appropriations Act, 2016 (division D of Public Law 114-113).
            (5) The Financial Services and General Government 
        Appropriations Act, 2016 (division E of Public Law 114-113).
            (6) The Department of Homeland Security Appropriations Act, 
        2016 (division F of Public Law 114-113).
            (7) The Department of the Interior, Environment, and 
        Related Agencies Appropriations Act, 2016 (division G of Public 
        Law 114-113).
            (8) The Departments of Labor, Health and Human Services, 
        and Education, and Related Agencies Appropriations Act, 2016 
        (division H of Public Law 114-113).
            (9) The Legislative Branch Appropriations Act, 2016 
        (division I of Public Law 114-113).
            (10) The Department of State, Foreign Operations, and 
        Related Programs Appropriations Act, 2016 (division K of Public 
        Law 114-113), except title IX.
            (11) The Transportation, Housing and Urban Development, and 
        Related Agencies Appropriations Act, 2016 (division L of Public 
        Law 114-113).
    (b)(1) The rate for operations provided by subsection (a) in the 
revised security category (as defined in section 250(c)(4)(D) of the 
Balanced Budget and Emergency Deficit Control Act of 1985) is hereby 
adjusted by the percentage necessary to achieve a rate for operations 
in such category equal to the excess of $548,091,000,000 over the total 
amount made available in such category pursuant to section 201.
    (2) The rate for operations provided by subsection (a) in the 
revised nonsecurity category (as defined in section 250(c)(4)(E) of the 
Balanced Budget and Emergency Deficit Control Act of 1985) is hereby 
adjusted by the percentage necessary to achieve a rate for operations 
in such category equal to the excess of $518,491,000,000 over the total 
amount made available in such category pursuant to section 201.
    Sec. 102. (a) No appropriation or funds made available or authority 
granted pursuant to section 101 for the Department of Defense shall be 
used for: (1) the new production of items not funded for production in 
fiscal year 2016 or prior years; (2) the increase in production rates 
above those sustained with fiscal year 2016 funds; or (3) the 
initiation, resumption, or continuation of any project, activity, 
operation, or organization (defined as any project, subproject, 
activity, budget activity, program element, and subprogram within a 
program element, and for any investment items defined as a P-1 line 
item in a budget activity within an appropriation account and an R-1 
line item that includes a program element and subprogram element within 
an appropriation account) for which appropriations, funds, or other 
authority were not available during fiscal year 2016.
    (b) No appropriation or funds made available or authority granted 
pursuant to section 101 for the Department of Defense shall be used to 
initiate multi-year procurements utilizing advance procurement funding 
for economic order quantity procurement unless specifically 
appropriated later.
    Sec. 103.  Appropriations made by section 101 shall be available to 
the extent and in the manner that would be provided by the pertinent 
appropriations Act.
    Sec. 104.  Except as otherwise provided in section 102, no 
appropriation or funds made available or authority granted pursuant to 
section 101 shall be used to initiate or resume any project or activity 
for which appropriations, funds, or other authority were not available 
during fiscal year 2016.
    Sec. 105.  Appropriations made and authority granted pursuant to 
this title shall cover all obligations or expenditures incurred for any 
project or activity during the period for which funds or authority for 
such project or activity are available under this title.
    Sec. 106.  Unless otherwise provided for in this title or in the 
applicable appropriations Act for fiscal year 2017, appropriations and 
funds made available and authority granted pursuant to this title shall 
be available until whichever of the following first occurs: (1) the 
enactment into law of an appropriation for any project or activity 
provided for in this title; (2) the enactment into law of the 
applicable appropriations Act for fiscal year 2017 without any 
provision for such project or activity; or (3) December 9, 2016.
    Sec. 107.  Expenditures made pursuant to this title shall be 
charged to the applicable appropriation, fund, or authorization 
whenever a bill in which such applicable appropriation, fund, or 
authorization is contained is enacted into law.
    Sec. 108.  Appropriations made and funds made available by or 
authority granted pursuant to this title may be used without regard to 
the time limitations for submission and approval of apportionments set 
forth in section 1513 of title 31, United States Code, but nothing in 
this title may be construed to waive any other provision of law 
governing the apportionment of funds.
    Sec. 109.  Notwithstanding any other provision of this title, 
except section 106, for those programs that would otherwise have high 
initial rates of operation or complete distribution of appropriations 
at the beginning of fiscal year 2017 because of distributions of 
funding to States, foreign countries, grantees, or others, such high 
initial rates of operation or complete distribution shall not be made, 
and no grants shall be awarded for such programs funded by this title 
that would impinge on final funding prerogatives.
    Sec. 110.  This title shall be implemented so that only the most 
limited funding action of that permitted in the title shall be taken in 
order to provide for continuation of projects and activities.

TITLE II--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES 
    APPROPRIATIONS ACT, 2017 AND ZIKA RESPONSE AND PREPAREDNESS ACT

SEC. 201. ENACTMENT BY REFERENCE.

    (a) In General.--The provisions of the Military Construction, 
Veterans Affairs, and Related Agencies Appropriations Act, 2017 and 
Zika Response and Preparedness Act, as printed in the Conference Report 
accompanying H.R. 2577 (H. Rept. 114-640), are hereby enacted into law.
    (b) Publication.--In publishing the Act in slip form and in the 
United States Statutes at Large pursuant to section 112, of title 1, 
United States Code, the Archivist of the United States shall include 
after the date of approval at the end appendixes setting forth the 
texts of the bill referred to in subsection (a) of this section.

     TITLE III--ENSURING VETTING OF REFUGEES TO KEEP AMERICANS SAFE

SEC. 301. SHORT TITLE.

    This title may be cited as the ``American Security Against Foreign 
Enemies Act of 2015'' or as the ``American SAFE Act of 2015''.

SEC. 302. REVIEW OF REFUGEES TO IDENTIFY SECURITY THREATS TO THE UNITED 
              STATES.

    (a) Background Investigation.--In addition to the screening 
conducted by the Secretary of Homeland Security, the Director of the 
Federal Bureau of Investigation shall take all actions necessary to 
ensure that each covered alien receives a thorough background 
investigation prior to admission as a refugee. A covered alien may not 
be admitted as a refugee until the Director of the Federal Bureau of 
Investigation certifies to the Secretary of Homeland Security and the 
Director of National Intelligence that each covered alien has received 
a background investigation that is sufficient to determine whether the 
covered alien is a threat to the security of the United States.
    (b) Certification by Unanimous Concurrence.--A covered alien may 
only be admitted to the United States after the Secretary of Homeland 
Security, with the unanimous concurrence of the Director of the Federal 
Bureau of Investigation and the Director of National Intelligence, 
certifies to the appropriate Congressional Committees that the covered 
alien is not a threat to the security of the United States.
    (c) Inspector General Review of Certifications.--The Inspector 
General of the Department of Homeland Security shall conduct a risk-
based review of all certifications made under subsection (b) each year 
and shall provide an annual report detailing the findings to the 
appropriate Congressional Committees.
    (d) Monthly Report.--The Secretary of Homeland Security shall 
submit to the appropriate Congressional Committees a monthly report on 
the total number of applications for admission with regard to which a 
certification under subsection (b) was made and the number of covered 
aliens with regard to whom such a certification was not made for the 
month preceding the date of the report. The report shall include, for 
each covered alien with regard to whom a certification was not made, 
the concurrence or nonconcurrence of each person whose concurrence was 
required by subsection (b).
    (e) Definitions.--In this Act:
            (1) Covered alien.--The term ``covered alien'' means any 
        alien applying for admission to the United States as a refugee 
        who--
                    (A) is a national or resident of Iraq or Syria;
                    (B) has no nationality and whose last habitual 
                residence was in Iraq or Syria; or
                    (C) has been present in Iraq or Syria at any time 
                on or after March 1, 2011.
            (2) Appropriate congressional committee.--The term 
        ``appropriate Congressional Committees'' means--
                    (A) the Committee on Armed Services of the Senate;
                    (B) the Select Committee on Intelligence of the 
                Senate;
                    (C) the Committee on the Judiciary of the Senate;
                    (D) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (E) the Committee on Foreign Relations of the 
                Senate;
                    (F) the Committee on Appropriations of the Senate;
                    (G) the Committee on Armed Services of the House of 
                Representatives;
                    (H) the Permanent Select Committee on Intelligence 
                of the House of Representatives;
                    (I) the Committee on the Judiciary of the House of 
                Representatives;
                    (J) the Committee on Homeland Security of the House 
                of Representatives;
                    (K) the Committee on Appropriations of the House of 
                Representatives; and
                    (L) the Committee on Foreign Affairs of the House 
                of Representatives.

                TITLE IV--STOPPING THE INTERNET GIVEAWAY

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Protecting Internet Freedom Act''.

SEC. 402. FINDINGS.

    Congress finds the following:
            (1) The Department of Commerce and the National 
        Telecommunications and Information Administration (in this 
        section referred to as the ``NTIA'') should be responsible for 
        maintaining the continuity and stability of services related to 
        certain interdependent Internet technical management functions, 
        known collectively as the Internet Assigned Numbers Authority 
        (in this section referred to as the ``IANA''), which includes--
                    (A) the coordination of the assignment of technical 
                Internet protocol parameters;
                    (B) the administration of certain responsibilities 
                associated with the Internet domain name system root 
                zone management;
                    (C) the allocation of Internet numbering resources; 
                and
                    (D) other services related to the management of the 
                Advanced Research Project Agency and INT top-level 
                domains.
            (2) The interdependent technical functions described in 
        paragraph (1) were performed on behalf of the Federal 
        Government under a contract between the Defense Advanced 
        Research Projects Agency and the University of Southern 
        California as part of a research project known as the Tera-node 
        Network Technology project. As the Tera-node Network Technology 
        project neared completion and the contract neared expiration in 
        1999, the Federal Government recognized the need for the 
        continued performance of the IANA functions as vital to the 
        stability and correct functioning of the Internet.
            (3) The NTIA may use its contract authority to maintain the 
        continuity and stability of services related to the IANA 
        functions.
            (4) If the NTIA uses its contract authority, the 
        contractor, in the performance of its duties, must have or 
        develop a close constructive working relationship with all 
        interested and affected parties to ensure quality and 
        satisfactory performance of the IANA functions. The interested 
        and affected parties include--
                    (A) the multistakeholder, private sector-led, 
                bottom-up policy development model for the domain name 
                system that the Internet Corporation for Assigned Names 
                and Numbers represents;
                    (B) the Internet Engineering Task Force and the 
                Internet Architecture Board;
                    (C) Regional Internet Registries;
                    (D) top-level domain operators and managers, such 
                as country codes and generic;
                    (E) governments; and
                    (F) the Internet user community.
            (5) The IANA functions contract of the Department of 
        Commerce explicitly declares that ``[a]ll deliverables provided 
        under this contract become the property of the U.S. 
        Government.''. One of the deliverables is the automated root 
        zone.
            (6) Former President Bill Clinton's Internet czar Ira 
        Magaziner stated that ``[t]he United States paid for the 
        Internet, the Net was created under its auspices, and most 
        importantly everything [researchers] did was pursuant to 
        government contracts.''.
            (7) Under section 3 of article IV of the Constitution of 
        the United States, Congress has the exclusive power to 
        ``dispose of and make all needful Rules and Regulations 
        respecting the Territory or other Property belonging to the 
        United States''.
            (8) The .gov and .mil top-level domains are the property of 
        the United States Government, and as property, the United 
        States Government should have the exclusive control and use of 
        those domains in perpetuity.

SEC. 403. MAINTAINING THE IANA FUNCTIONS CONTRACT.

    The Assistant Secretary of Commerce for Communications and 
Information may not allow the responsibility of the National 
Telecommunications and Information Administration with respect to the 
Internet domain name system functions, including responsibility with 
respect to the authoritative root zone file and the performance of the 
Internet Assigned Numbers Authority functions, to terminate, lapse, 
expire, be canceled, or otherwise cease to be in effect unless a 
Federal statute enacted after the date of enactment of this title 
expressly grants the Assistant Secretary such authority.

SEC. 404. EXCLUSIVE UNITED STATES GOVERNMENT OWNERSHIP AND CONTROL OF 
              .GOV AND .MIL DOMAINS.

    Not later than 60 days after the date of enactment of this title, 
the Assistant Secretary of Commerce for Communications and Information 
shall provide to Congress a written certification that the United 
States Government has--
            (1) secured sole ownership of the .gov and .mil top-level 
        domains; and
            (2) entered into a contract with the Internet Corporation 
        for Assigned Names and Numbers that provides that the United 
        States Government has exclusive control and use of those 
        domains in perpetuity.
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